Archive for the ‘commercial legal expenses insurance’ Category

Commercial Legal Expenses Insurance Claims

Thursday, September 1st, 2011

Nowadays, many policies include commercial legal expenses insurance. The main aspects of the cover provided will usually differ, but in the main you are looking at some form of employment law protection, inland revenue and VAT inspections and a few others, such as property protection.

This blog is not about the types of cover provided, but what you should do in the event of a claim, in particular for employment law protection. This is where an employee raises a grievance and this leads eventually to an employment tribunal. The costs of this process can be exceptional. We know as we have been through it. But, it is all the more worthwhile when you find out that you were right all along and they ex employee loses the case.

If you have legal expenses insurance in place this is to be treated exactly that same as very other form of business insurance. As soon as you are aware that there is something that will either lead to a claim or may lead to a claim, you must notify your insurers. This really should be at the grievance stage. This is where you are aware that something may go wrong in the future and there may be a need to rely on your cover. Do not, under any circumstances decide to appoint your own solicitors and then submit a claim. The insurers of this type of cover have their own panels of solicitors and if there is a valid claim, then this is how matters will proceed. You will not be able to use your own solicitors, unless there is prior agreement between the insurance company and your own solicitors. This only happens in a very small percentage of cases.

If in doubt, speak to your independent business insurance broker.

Employment disputes cover

Thursday, March 3rd, 2011

As part of many, but not all, business insurance policies, you can have separate cover for commercial legal expenses.

It is quote an important distinction, but the title tells you exactly what you get, which is legal expenses. For any policy, in the UK, insurers always have the option of taking control of any claim. What this means is that, if they want to they can appoint their own builder to fix your roof, supply to replace your sofa or solicitor to fight any legal costs claim against your business.

Legal expenses does not mean that you can appoint the most expensive barrister and their legal team in the land, to fight any and every dispute you may have. What it means is that as soon as you become aware of the likelihood of a claim being made against you, you need to notify your insurers and let them decide what they want to do.

It may well be that they come back to you and ask you to get a fee quote from a local solicitor, but, in over 95% of cases, what they will do is to appoint a solicitor from a panel that they have worked with before and have agreements with. This way, the insurers are fully aware of what the costs are likely to be and the solicitors are used to dealing with claims of this type.

One of the major parts of commercial legal expenses insurance, is employment disputes. There are hundreds, if not thousands of employers every month who suddenly realise that a relationship, that they had with an employee, has deteriorated to such a degree that they may have to go to a tribunal.

To be fair, the legal system is OK in that it forces employers and employees to go through a formal greivance process before it gets to court. But boy, if you do not resolve it at grievance stage, then the costs will start to rack up.

This is where a) you want to have a policy that backs you up and b) your insurers are not going to just send an open cheque to pay a huge solicitors bill.

As with every single claim, you must, must, must notify your insurers, or indeed your broker, as soon as you aware of anything which may give rise to a claim. Even if you think there is a 0.1% chance of that bad appraisal with employee x turning into a full blown three week employment tribunal, you have to speak to someone about it. If in doubt, get on the phone.

Office insurance – additional covers

Thursday, January 13th, 2011

Office insurance, in the UK, is sold via a “packaged” policy in the main. What this means is that the insurers produce a policy that includes the standard types of cover that they think you will need, as a trading office.

This will include the basic covers such as business assets, ie your computers, electronic office equipment, furniture and if necessary the building the office is in. As well as these basic covers you will usually have cover included for money, business interruption, employers, product and public liability and goods in transit.

As well as these standard covers, there is one other important, sometimes optional, one to consider. This is commercial legal expenses insurance. GO back ten or fifteen years and no insurers included this cover. As the UK has become more and more litigious, we are seeing more and more claims. The important thing is that liability insurance covers the cost of fending off spurious claims. Just because someone alleges you have been negligent or not followed correct procedures, it does not mean that they are right.

This is why you really need to consider having legal expenses cover. As an option to add to you office insurance, this is usually a very cheap option, some insurers will include as standard, others will charge just £25 per annum. When you look at the potential costs of responding to, dealing with, fending off and possible settling a claim, this amount is peanuts in comparison.

However, just becuase it is peanuts, it does not mean that you automatically get the cover included. If you have a policy in place at the moment, the best thing to do is to speak to your business insurance broker and ask them, outright, do you have the cover and if not, why not?

As an alternative, you can give Businessinsure as call and we can offer you a comparable quote to your existing cover, including legal expenses.

Business insurance – commercial legal expenses

Friday, September 3rd, 2010

In a standard, or package, business insurance policy there will usually be an element of liability cover. The three main types are employers, public and products.

These liability covers provide for a “limit of indemnity” either any one claim or in any one period of insurance. You, as a business, could face a claim under one of these, say for damage caused by a product you have supplied or work you have done, or an injury to an employee.

The purpose of the cover is to pay for the consequences of the damage. Within this limit of indemnity, or in addition to it, will be included legal fees. Both yours and the claimants, if successful.

But what happens if you face a legal challenge for something that is not covered under one of the tri-liability covers? This is where you need to have commercial legal expenses insurance. This is a separate cover, provided by a specialist insurer.

You have two options, either take out a separate policy or get a policy that actually includes this cover.

As we are becoming more and more litigious in the UK, with no-win, no-fee solicitors on the prowl everywhere, it is easier than ever before for the “man in the street” to raise a legal claim against any business or public sector body.

Whether they will admit it or not, the vast majority of these claims are made for only a few thousand pounds, in the hope that insurers will simply pay them as it is cheaper than fighting the case. But, things are changing slowly and insurers are happier to challenge more and more. Every business is different and you need to consider exactly what cover you need, and can afford. Speak to your broker about the different options and, depending on your trade, you can add in a good quality cover for as little as £50 per year.

Commercial legal expenses insurance

Saturday, April 24th, 2010

Business insurance is a strange product, you are buying something that you grudge paying for and you hope that you will never use. What you don’t want is someone to sell it to you as a result of scaremongering. Of course there are the once in a blue moon events that really will scare you if you think what the potential cost could be without insurance.

One of the lesser purchased products is commercial legal expenses insurance. As an employer, one of the hardest things to deal with is the legislation associated with actually employing staff. Not only does it change very often, you are also faced with the potential of extremely costly law suits from disgruntled employees.

Imagine the scenario were an employee is off sick for weeks, and then you receive a solicitors letter alleging that you have discriminated against the employee in some way. You could be faced with a huge bill, even if the employee doesn’t have a “legal” leg to stand on. This is where you need legal expenses cover. As soon as you receive such a letter, or become aware of the potential of a claim, you just need to notify your insurers. They will want to appoint their own panel of solicitors to deal with the claim, so what you must not do is to appoint your own solicitors as you may not receive full reimbursement.

The two things to remember are firstly you must buy the cover and secondly buy it from an independent business insurance broker who will help and guide you every step of the way.