NICEIC Refuse to Disclose CES Insurers

Duncan Hayes <duncan.hayes@.com>	Thu 15 Jan, 12:19 (5 days ago)
to **Consumer, **DPO**, customerfeedback,

Dear Richard / NICEIC Complaints Team / Data Protection Officer,

Thank you for your response declining to provide CES’ insurance details on “data protection” grounds.

I am writing to make a formal statutory request for insurance information under section 11 and Schedule 1 of the Third Parties (Rights Against Insurers) Act 2010 (the “2010 Act”).

CES is now in administration. I refer you to the following article regarding their conduct and note NICEIC’s failed oversight in this regard.

I reasonably believe:

1. CES has incurred liability to me arising from works carried out at my property; and
2. there is (or may be) liability insurance that covers or might reasonably be regarded as covering that liability.
3. I have remained without functional heat at my home for 3 years explicitly due to this grant and the works carried out by CES

On that basis, please provide the information required by Schedule 1 of the 2010 Act, including (so far as held or reasonably accessible to you):

1. Whether there is a contract of either Professional Liability and / or Public Liability insurance that covers or might reasonably be regarded as covering the supposed liability;
2. The identity of the insurer(s);
3. The identify of the broker(s);
4. Policy number(s), policy period(s), and limits of indemnity (including any relevant sub-limits);
5. The relevant policy terms (at minimum the schedule and any endorsements/exclusions relevant to the supposed liability); and
6. Whether you contend the insured has notified the insurer and, if so, whether indemnity has been declined (if known).

If NICEIC’s position is that it cannot provide some or all of the above:

• Please specify precisely which elements you say you cannot provide and why; and
• Provide particulars of who does hold the information/documents (e.g., insurer name, broker name, and/or the insolvency office-holder contact), so I can direct my request appropriately.

For completeness: UK GDPR does not provide a basis to refuse this request. Much of the information sought relates to a limited company’s insurance and is not personal data. If any personal data is embedded within documents, it can be redacted and the remaining information disclosed.

Timescale
Please treat this as a statutory request and respond substantively within 7 days due to the ease and urgency of the request, or in any case, in accordance with the statutory 28 day deadline.

Please also confirm the appropriate point of contact for escalation at UKAS if necessary.

Yours sincerely,

Duncan Hayes

For reference:

1. Notice of Claim has been filed to the relevant solicitor (available on request)
2. Expert witness statement – attached 
3. Proof of CES administration (public notice / reference)  www.consumerenergysolutions.co.uk