Question 1 – Learning Outcome 2 (10 marks)
Simon is a claims handler for TP Ltd, an insurer, and works in the first notification of loss (FNOL) department.Simon receives a phone call from one of TP Ltd’s policyholders, to make a claim for damage to theirproperty. The policyholder asks Simon if building repair work on the property can proceed, pending theoutcome of the claim. Simon states that “it can” as he is sure “it will be fine”.A few weeks later, Simon checks the claim record to discover that the claim had been declined. However, thebuilding repair work had already commenced.
(a)Identify, with justification, the tort that Simon may have committed.(6)
(b)Explain briefly, the main legal remedy available to the policyholder.(4)