Disclaimer - FAQs

Which policies have been disclaimed?

All French construction insurance policies have been disclaimed by the Joint Administrators, including the following policy types:

- Dommages-ouvrage (DO);

- Responsabilité Civile Décennale (RCD);

- Responsabilité Civile Professionnelle (RCP);

- Constructeur non réalisateur (CNR),

- Tout Risque Chantier (TRC);

- Constructeur De Maison Individuelle (CMI); and

- Garantie Financière d'Achèvement (GFA).

How does  the disclaimer affect policyholders?

This disclaimer means that all French construction insurance policies provided by Elite have been terminated with effect from (and including) 15 September 2020.

Under Gibraltar’s Insolvency Act, policyholders, and any other person whose rights are affected by the disclaimer, can submit a claim in Elite’s administration for any loss or damage they suffered as a consequence of the disclaimer. 

A copy of the Notice of Disclaimer sealed by the Supreme Court of Gibraltar can be found here - pwc.co.uk/elite-insurance.

Who can submit a claim?

Under Gibraltar’s Insolvency Act, policyholders, and any other person whose rights are affected by the disclaimer, can submit a claim in Elite’s administration for any loss or damage they suffered as a consequence of the disclaimer. 

When can I submit a claim?

The Administrators are not currently considering claims against the Company, including any claims for damages for loss resulting from the disclaimer of policies. We will contact policyholders in due course about how they can submit claims.

What are my options for receiving payment?

It will probably be a number of years before Elite can make any payments to policyholders, or any other person whose rights are affected by the disclaimer, and it is very unlikely that policyholders will be paid in full. However, we expect that some policyholders or persons whose rights are affected by the disclaimer who have claims will be able to get paid quicker and potentially in full if they make a claim against someone else, e.g.. a DO policyholder claiming against the relevant RCD insurer as explained below.. To minimise any loss caused by the disclaimer of policies, we encourage you to do this if you can.

What action do I need to take now?

Policyholders, and any other person whose rights are affected by the disclaimer, should try to minimise any loss they might suffer as a result of the disclaimer. Policyholders might, for example, be able to make a claim against someone other than Elite, who may be able to pay sooner than Elite and to pay in full. Some of these alternative options are set out below. 

What should I do if I am a RCD policyholder?

You may be able to seek recovery from other responsible parties and insurers where multiple constructors are jointly and severally liable for the claim.

Where Elite is the only liable RCD insurer, an alternative path to recovery may not be available.

What should I do if I am a DO policyholder?

You have the right to send your claim directly to the builders responsible for your building works and/or their RCD insurers.

You do not need to make a claim under your DO policy before making a claim against the RCD insurers.

What should I do if I hold a different type of French construction policy?

Policyholders with RCP, CNR, TRC, CMI or GFA cover should attempt to minimise their loss which may include, but is not be limited to, seeking alternative insurance cover or seeking recourse from other responsible parties.

Does this affect previously settled and/or agreed but unpaid claims?

The disclaimer does not affect claims under Elite policies which have been agreed but not paid by Elite before 15 September 2020. Elite cannot pay these claims at the moment and it is unlikely that any dividend distribution will be paid to policyholders for a number of years. However, policyholders and other insureds with such claims should consider whether they can get paid more quickly and potentially in full using one of the alternative options mentioned above. 

Who can I contact if I have any questions?

Email: Elite-insurance.fr@quest-group.co.uk

Helpline: +44 (0)207 129 8661

Correspondence or queries for the Administrators should be sent to uk_elite@pwc.com.

For contracts written through SFS to: Elite-insurance.fr@quest-group.co.uk

For contracts written through EISL, ProFirst or UBI to: Elite-insurance.fr@quest-group.co.uk