Archive for the ‘professional indemnity insurance’ Category

Professional indemnity insurance – a legal requirement?

Monday, October 18th, 2010

Professional indemnity insurance is a form of liability cover. If you provide a service and/or advice in return for a separate fee or as part of an overall contract, you could face a claim for professional negligence.

There is no legal requirement, under UK law, to have this cover in place. What you may find though, and this is happening more and more, is that you are required to have this as part of a contract you may carry out. It depends whether you are working for the private or public sector whether cover is requested and also, at what limit.

Unlike employers liability insurance, which is not only legally required but must be at a minimum limit of indemnity of £5,000,000, you can get professional indemnity at varying limits of indemnity, usually starting at £100,000.

If you do not have the cover in place at the moment, you will usually have two options. You can either add this to your existing combined (employers, public and products) liability insurance or you can take out a separate policy. Adding this to your existing policy is rare. The reason being that there are so few insurers that offer the standard combined liability insurance as well as professional indemnity. There are some that will do this, but they do not tend to be competitive across the board.

You will be better speaking to a broker and at least getting a quote both to add to your existing policy (if possible) and as a separate stand alone cover. At least this way you can compare the options that are available.

Also, speak to the broker and get their advice as to the limit of indemnity that you not only would possibly need but also that which would comply with your contract.

Professional indemnity insurance – in isolation.

Saturday, October 2nd, 2010

When business insurance companies talk about covers “in isolation” all this actually means is that there is a different, or separate, policy for this particular type of cover.

If you think about any policy, such as for a car, it is really a collection of different types of cover, under one policy. You will get windscreen, third party liability, asset damage (ie to your own car), personal effects (in the car) and possibly legal expenses.

Insurers will have policies for all types of trade based on a similar principle, they will have one overall policy, but within it there are different types of cover. However, in certain cases, for more specialist cover it is usually better, cover and cost wise, to get a separate policy.

One of these covers is professional indemnity insurance. This has always been a more specialist area and there are very few insurers that offer this cover as part of a package. You may have a form of package from a broker, but when you look into the deepest, darkest depths of the policy wording you will see that the PI insurance is provided by a different insurer.

But how do you know this is giving you the best deal? Quite simply, you don’t. Any broker is not legally obliged to offer you the cheapest products, the sensible reason being, that the cheapest product is very rarely the best.

For professional indemnity, you really do need to speak to a specialist to see what the market, at that particular time, has to offer you.

Professional indemnity insurance – what limit of indemnity should you choose?

Thursday, July 15th, 2010

When you look to get a quote for your business insurance, your cover will be in amounts or limits of indemnity.

For example, you buildings, contents, stock and computers will be in amounts that it would cost to replace. Whereas your employers, products and public liability will be in limits of indemnity, the maximum payout the insurers will make, either any one claim or in total in a twelve month period.

Professional indemnity insurance is a liability insurance cover, you do not get a physical asset insured, but a maximum limit of indemnity. The question you will need to ask, is what is the correct limit. You can still get a limit of indemnity of £100,000 if you look carefully enough. The big multi-national corporations and banks will have limits in the tens of millions and after the last few years, boy do they need it.

You on the other hand, may only need to have the cover in place as a protection for your business. The advice or services you provide, could potentially cause a business to have a financial loss. Think worst case scenario, if one of your contracts went horribly wrong and everything you recommended went wrong, what is the most that you could have to pay out? The £100,000 limit may seem high, but in all likelihood you will need to think about limits nearer to £250 or £500k and upwards. The premium differential is not huge, so it may be worth considering a higher limit.

On the other hand, if you are working for a company that insists on you having this cover, then you will need to have in place a limit at the amount they choose. There is really not that much choice here, if they say a £1,000,000, then to get the contract you need to have the cover in place.

Professional indemnity insurance

Saturday, June 12th, 2010

If you provide advice or a service, as opposed to purely physical products, then the chances are that you will need professional indemnity insurance.

This will include numerous different types and categories of business such as accountants, solicitors, architects, computer consultants and surveyors. It is easy to sit back and see where the risks are associated with these types of business.

But what happens if you are a manufacturing business, creating bespoke products that you have designed yourself? Your standard commercial insurance policy will always, without fail, exclude professional indemnity.

You will be able to buy products liability insurance, which will cover any physical damage or loss caused by the product. But imagine a metalworker being asked to design and build railings for the local park. This may seem simple enough but if the design is not down correctly, and the railings start to rust or fall apart then this is not a products liability claim as not damage has been caused. You can bet though that the local authority will make a claim against you or your business to get them replaced.

This is where PI insurance kicks in. You have designed a product, and for whatever reason, this has not been done correctly. Damage has not been caused, but someone ie the local council, have suffered a financial loss because it is going to cost £x to remove and replace all of the railings.

Now, you mistake has to be genuine, ie the wrong type of materials used or the wrong type of paint etc and as a result of this you could have a genuine claim.

So, do not necessarily think that because you have products liability that you will be covered for all types of claims. You need to consider wider possibilities and the only way you can do this, is to speak to an insurance broker and get some advice as to the risks your business faces and whether or how they are insurable.

Professional Indemnity Insurance

Saturday, May 8th, 2010

With commercial insurance coverage, in the UK, you have a seemingly infinite list of different covers.

One of these is professional indemnity insurance which, although not a legal requirement, is a cover that is being requested more and more by all types and sizes of business.

But what exactly is it? You have to firstly understand what is covered by standard business liability insurance. This includes public, employers and products. Public liability is responsibility for loss, damage or injury to third parties. Products is the same, but only in respect of products supplied. Employers liability insurance, as the name suggests is if any employees are injured as a result of the business activity.

Professional indemnity covers your legal (ie through contract law) responsibility for financial loss suffered by a third party as a result of any advice or service you have provided, whether or not a fee was received. The fundamental point is that for the business liability insurance, there has to be evidence of injury, illness, disease or damage. For PI insurance, there does not have to be evidence of a physical loss, but instead a financial loss.

If you advise a customer to purchase a particular computer system and it does not work out to what they have specified, they could lose out through increased working expenses or lost customers. If they can prove that they acted on your specific advice and their business has suffered financially, purely as a result of your advice, you could find yourselves seriously out of pocket. To prevent this, makes sure that in addition to the standard liability covers, you have a decent professional indemnity policy in force.

Professional indemnity insurance – information used to obtain a quote

Sunday, March 28th, 2010

When looking for any type of business insurance, the better prepared you are, the more likely it is that you will end up with not only a better premium, but wider cover.

Basically, an insurer needs as much information as possible about you and your business so that they can decide what risks your business present and what annual premium they would be prepared to accept in return for carrying this risk for you.

Professional indemnity insurance is no different in this respect. The more knowledge the insurers have, the more potential there is for a better quote.

The goods news as far as PI insurance is concerned, is that insurers are more interested in your past business activities, so you should be able to put together the information they need from your books or management accounts. They will still require an estimate of future activity, but the past figures are something you must have. They will need to know what your turnover and fee income is, and  whether any advice or services you provide are separately for a fee or all inclusive.

Whether you work, or consult, for businesses in the US and Canada makes a big difference. Particularly if you need to have US jurisdiction cover, you need to refer to your t’s & c’s for your individual contracts.

The best thing to do, is to make a quick call to a broker, ask them what they need and whether they can email a blank proposal form. Once you have this you can work through this and get all of the required information. Then send this back to the broker and, if they are on the ball, you should have a confirmed, written quote within 24 hours.

Professional indemnity insurance – a brief explanation

Sunday, February 14th, 2010

Public liability insurance is something most people are familiar with. If I injure you, or damage your car or something you own, then I can be held liable under UK law. Even if I haven’t acted in a foolish manner, I can still be faced with a legal bill for you or your property. For example, if oil leaks out of my car, down the drive, onto the pavement and you slip, it is my fault. I wasn’t necessarily being negligent, but it is my fault. If my car was not there, you would not have slipped.  Another way of describing it is third party liability insurance.

The key thing in all of this is that there has to physical damage, illness, injury or disease.

What happens if you give me some advice, and I pay for it, and a sa result of taking your advice, I lose out financially? For example, a solicitor not doing the correct property searches on my house purchase, and I end up with an even bigger legal bill? This is where professional indemnity insurance comes into play. There has been no physical loss or damage, but I have suffered financially because of someone other persons bad, incorrect or negligent advice.

A huge number of different types of business can be liable for bad advice, if you are one of them, speak to a broker as soon as possible.