@Whale said:
So again check your O/C’s policy because if it includes that cover as an appended “special benefit” your loss would be claimable in those specific circumstances, but otherwise the O/C is not legally liable.
At the risk of taking on the mighty Whale, I think there’s a subtle difference between the OC being ‘liable” and being covered. The insurance isn’t likely to cover them if they’re not liable. However they could be liable but not covered. All that means is they would have to cover their liability themselves. And I would say they are liable to some extent and unless it’s a very small block, it’s probably worth pursuing.
However, there is no clear mechanism for this and Rita C would need to make a claim – send them a bill – in the first place an see where that got her.