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Liability insurance explained

Property damage liability explained

Property damage liability is your legal liability to pay compensation when you physically damage, destroy or cause the loss of use of someone else's tangible property. It matters because it is one of the two core triggers, with bodily injury, for public, products and motor liability cover.

In short

In UK liability policies, property damage usually means physical loss of or damage to tangible property belonging to a third party, often extended to loss of use of that property. Public liability covers property damage caused by your business activities, products liability covers damage caused by products you supply, and motor policies must cover damage to property under the Road Traffic Act 1988, with a permitted minimum of £1.2 million per accident. Common gaps include property in your care, custody or control, the cost of redoing your own work, and pure financial loss. Professional indemnity policies often exclude property damage altogether.

What property damage means in a liability policy

Liability policies pay sums you are legally liable to pay as compensation for injury or damage you cause to others. Most UK wordings define property damage along these lines, subject to the policy terms:

Three things usually fall outside the definition. Pure financial loss (a client loses money without any physical damage) is generally a matter for professional indemnity rather than public liability. Electronic data is commonly not treated as tangible property. And damage to your own property is a first-party loss for a property policy, not a liability claim.

Liability also has to exist. The insurer pays where you are legally liable, usually in negligence, nuisance, under statute or (to a limited extent) under contract. A contractual promise to pay for damage regardless of fault may go beyond what the policy covers.

Where property damage sits across policies

Public liability

Public liability insurance covers property damage and bodily injury to third parties arising from your business activities, typically at your premises or while working elsewhere. This is where most trade and contractor property damage claims land, from water leaks to fire spreading from hot works.

Products liability

Products liability covers property damage and injury caused by products you make, supply or repair after they leave your control. Under section 5 of the Consumer Protection Act 1987, the strict liability regime covers property damage only where the property is ordinarily intended for private use and mainly used privately, excludes damage to the product itself, and awards nothing where the property damage is £275 or less. Claims by businesses are usually brought in contract or negligence instead.

Motor

Section 145 of the Road Traffic Act 1988 requires a motor policy to cover liability for damage to property caused by or arising out of use of the vehicle on a road or other public place in Great Britain. Under section 145(4)(b), the policy may cap that property damage cover at £1,200,000 for any one accident (the figure in force since 31 December 2016). The policy need not cover damage to the vehicle itself, goods carried for hire or reward, or property in the insured's custody or control. Many commercial motor and fleet policies offer higher property damage limits, which can matter where a vehicle hits a building or rail infrastructure.

Employers' liability

Employers' liability covers injury to employees, not damage to property, so property damage claims fall to public, products or motor cover.

What it means in practice

These scenarios are illustrative only.

How insurance responds and common exclusions

IssueUsual positionWhat to look for
Care, custody or controlCommonly excluded under public liabilityExtensions for premises worked on, or customers' goods
Property being worked onDamage to the part being worked on often excludedWording that limits the exclusion to that part only
Faulty workmanshipCost of rectifying your own work excludedCover for resulting damage to other property
Contractual liabilityCovered only where liability would exist anywayIndemnity clauses in contracts
Pure financial lossGenerally outside public liabilitySeparate PI or financial loss extension

The care, custody or control exclusion trips up many businesses. If you take a client's equipment back to your workshop, store goods for others or work inside occupied premises, damage to that property may fall outside public liability. Extensions are often available, sometimes with a lower sub-limit, and some risks are better placed under goods in trust or contractors' all risks cover.

Check the excess too: property damage claims often carry a higher excess than injury claims, especially for heat or water damage.

Property damage in professional indemnity: the BI/PD exclusion

Many PI policies contain a bodily injury and property damage exclusion, on the basis that those claims belong under public or products liability. The exclusion is commonly drafted with a carve-back, so that property damage arising from a breach of professional duty, such as negligent design or advice, remains covered.

The difference matters. A designer whose drawing leads to a collapse needs the PI policy to respond, because public liability commonly excludes claims arising from professional advice. Read the two policies together so the gap does not open between them. Our guide to consequential loss under PI explains how financial loss following damage is treated.

Property damage vs related concepts

What to check

Sources

Frequently asked

What counts as property damage in public liability insurance?

Usually physical loss of or damage to tangible property belonging to someone else, often including loss of use of that property. Examples include water damage to a client's home or fire damage to a neighbour's building. Pure financial loss, data and your own property are commonly outside the definition, subject to the policy terms.

What is the minimum property damage cover for UK motor insurance?

Section 145 of the Road Traffic Act 1988 allows a motor policy to limit property damage cover to £1,200,000 for any one accident. That is the legal minimum for property damage. Many commercial motor and fleet policies offer higher limits, which can matter if a vehicle damages buildings or infrastructure.

Does public liability cover damage to property I am working on?

Often only in part. Many public liability policies exclude damage to property in your care, custody or control, or to the specific part you are working on. Extensions are commonly available. The cost of putting right your own faulty work is usually excluded altogether, though resulting damage to other property may be covered.

Does professional indemnity insurance cover property damage?

PI policies commonly exclude bodily injury and property damage, because public and products liability are meant to respond. Many include a carve-back so property damage caused by a breach of professional duty, such as negligent design, is still covered. Check the wording alongside your public liability policy.

Is damage caused by a faulty product covered?

Damage a defective product causes to other property is usually covered by products liability, subject to the policy terms. Damage to the product itself, replacement costs and product recall costs are commonly excluded. Under the Consumer Protection Act 1987, property damage claims of £275 or less cannot be brought.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.