War Service Homes Regulations (Amendment)

Overview

The War Service Homes Regulations 1930 were enacted by the Governor-General in Council under the authority of the War Service Homes Act 1918-1929. These regulations were introduced to address the need for comprehensive insurance coverage for war service homes, ensuring that the properties of war service personnel are adequately protected against various risks. The regulations aim to establish a structured insurance policy that provides financial security to the War Service Homes Commissioner and the assured, while also outlining the terms and conditions of the insurance, including the exclusions and limitations. The policy objective is to facilitate the insurance of war service homes against a range of perils while maintaining a clear framework for the administration and management of the insurance policy.

Scope and Application

The War Service Homes Regulations under the War Service Homes Act 1918-1929, as amended, apply to property insured by the War Service Homes Commissioner, particularly for the benefit of the Commissioner and the insured party, referred to as the Assured. The Act and its subsequent regulations govern the terms and conditions of the insurance policy, which covers various perils such as fire, lightning, flood, tempest, and other specified risks. The insurance is applicable to the property described in the Schedule of the regulations, subject to certain exclusions and limitations. For instance, the Commissioner is not responsible for the first £5 of any claim caused by flood or tempest, and water tanks are specifically excluded from coverage against flood or tempest damage. Additionally, no claim for damage to the interior of a dwelling-house by tempest will be allowed unless it is due to a breach caused by the tempest itself. The Commissioner also reserves the right to prohibit the presence of explosive or dangerously inflammable substances on the insured property without written consent. The regulations detail the payment of premiums, the commencement date of insurance, and the requirement for the Assured to notify the Commissioner of any changes in the property's use, additions, alterations, or improvements. The regulations extend their application through the detailed Schedule that outlines specific property descriptions, insurance amounts, premium payment details, and the location where premiums are payable. Any changes to the terms of insurance can be made by the Commissioner at any time.

Key Provisions

The War Service Homes Regulations under the War Service Homes Act 1918-29 primarily provide a framework for insuring properties against various perils (sections 1-8). Specifically, the War Service Homes Commissioner is mandated to insure against fire, lightning, flood, tempest, and other specified damages to properties listed in Column 7 of the Schedule (section 1). This insurance covers both the Commissioner and the Assured, the latter being the individual named in Column 1 of the Schedule (section 2). The insurance amount is specified in Column 6 of the Schedule, with the first premium payable immediately as shown in Column 2 of the Schedule (sections 3 and 4). Importantly, the Commissioner is not liable for the first £5 of any claim caused by flood or tempest (section 10). Additionally, water tanks are explicitly excluded from coverage against flood or tempest (section 12). The Regulations impose several obligations on the parties involved. The Assured must pay annual premiums by the 30th of April each year (section 4) and must notify the Commissioner in writing of any changes in the property's use or any additions, alterations, or improvements (sections 6 and 7). The Assured must also inform the Commissioner of any destruction or damage to the property as soon as possible (section 6). Furthermore, no explosive or dangerously inflammable substances are permitted on the property without the Commissioner's written consent (section 13). The property must not be insured by any other means without adhering to the War Service Homes Act 1918-29 and its regulations (section 15). The Regulations also outline specific consequences for non-compliance. For example, any claim for damage by tempest to the interior of a dwelling-house will only be allowed if the damage was caused by a breach made by the tempest (section 11). If the Assured fails to notify the Commissioner of additions, alterations, or improvements, and these are subsequently damaged, no compensation will be paid (section 16). The Commissioner retains the right to withdraw, cancel, vary, or amend the insurance at any time (section 8). These stipulations ensure compliance and maintain the integrity of the insurance scheme.