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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son has recently gone from sole trader to limited. He is

Customer Question

My son has recently gone from sole trader to limited. He is in dispute with a customer who had works carried out by him when he was a sole trader and as a result it is claimed that damage has occurred structurally to the yacht that he was working on.
The customer provided the product, that was applied by my son as per manufacturers instructions, along with this my son and customer have the records of the temperature etc at time of application. The manufacturers are not accepting any liability and my son is now being pursued.
My question is this . Throughout any trading he has had public liability insurance, however the provider has now changed as part of my son becoming a limited company. Do you know if it is possible that my son can make any claim with the previous insurers that were providing during the time of the works being carried out.regards
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long ago did the issue arise and how long ago did your son complete the work?

Customer: replied 10 months ago.
The issue arised two weeks ago, and the work was carried out 2 years ago. He has been limited company for approx 5 months
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Thank you. Regards chris
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. Whether he can claim through the previous insurance policy will very much depend on the terms of such policy and whether it allows for retrospective claims. The main concern here is that if the policy has ceased to be in existence after he changed trading entities, it will no longer consider any claims, even if they relate to issue which had occurred at the time the policy was valid. With most policies you would have to have a current and live policy to be able to claim but some do allow for retrospective claims if they arise as a result of anything that had occurred at the time the policy was valid. However, as mentioned this would depend entirely on the terms of the policy so what he would have to do now is check these terms (it may have to come down to him contacting the insurer to ask for the terms or ask if this is a possibility they would cover for) and take it from there. In the event that the policy would not cover him then he may be personally responsible for this (assuming that he does admit liability) as his sole trader status means he would have personal responsibility.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 10 months ago.
Thank you for your clarity and help. regards chris
Expert:  Ben Jones replied 10 months ago.

You are most welcome