trafalgar risk management limitedtrm - IOSH Professional Indemnity

Institution of Occupational Safety & Health Insurance - Premium Package

What's covered

The Premium Package
1) Professional Indemnity View Policy Wording
2) Inquiry Representation Cover View Policy Wording
3) Employers' Liability & Public Liability General Policy Wording
Public Liability Wording
Employers Liability Wording


1) Professional Indemnity Insurance

Summary of Cover

This is a brief description of the cover provided and does not contain the full details. We recommend you read the policy wording for full details of cover.
Professional Indemnity Insurance
Professional indemnity - provides cover for claims first made during the policy period, within the territorial limits, within the territorial limits, which you may become legally liable, arising out of the your professional conduct of the business (as described below) and alleging that civil liability occurred as a result of a negligent act, error or omission, loss of documents or dishonesty of employees.

Under dishonesty of employees no protection is given after suspicion has arisen and there is no cover for those committing or condoning such acts.

The policy is on a ‘claims made’ basis and only covers claims first made during the policy period and you must advise the insurers during the policy period or any claim or circumstance that may give rise to a claim.
Business Activity
Health and Safety Consultant
Limit of Indemnity
Choice of Limits from £50,000 up to £2,000,000 any one claim, inclusive of costs, during the Period of Insurance. There are however sub limits for certain cover areas which apply if the sum insured you select is higher than those sub limits. If you select a sum insured lower than the sub-limits then you only get the lower sum insured you selected. Some sections of the policy have aggregate limits, If the Insurer applies an aggregate limit to the whole of the policy then that will be shown in the schedule.
Period of Insurance
12 months from the Inception Date shown in your Schedule of Insurance
Territorial Limits
United Kingdom of Great Britain and Northern Ireland including the Channel Islands and the Isle of Man or as varied and excluded in the Schedule.
Interest – is claims first made during the policy period arising out of your business professional conduct which allege the following:
1. Negligence or breach of duty of care
2. Negligent misstatement or negligent misrepresentation
3. Unintentional infringement of intellectual property rights including copyright, patent, registered design right or breach or misuse of confidential information
4. Defamation
Excess
£250 each & every Claim. Please note some claim types attract a higher excess up to £5,000 each and every claim.
Exclusions
  • Any claim or potential claim or circumstance (has potential to produce a claim) known to the Insured, or which ought to have been reasonably known to the Insured, prior to the inception of this policy or claims from services under taken prior to the Insured’s incorporation.
  • Any claim made against the insured from an entity in which the Insured exercises a financial or managerial interest or claims made by one insured against another.
  • Any claim or potential claim or circumstance, emanating from within the USA or Canada or any territories, which are within the jurisdiction of the USA or Canada.
  • Any claims involving death or bodily and/or for physical loss or damage to property unless arising directly from your negligent advice or breach of duty and care in the performance of the business or unless arising out of the loss documents extension. However the policy does not cover any claim from loss, damage or destruction of tangible property.
  • Claims arising under contractual liability unless the liability would have existed in the absence of the contract.
  • Any consequential loss of any kind.
  • Claims brought outside of the territorial limits.
  • Claims arising from the loss or distortion of electronically held data and or date recognition failure. Also any claims arising out of computer viruses.
  • Claims from the recommendation, sale, supply, manufacture, installation or servicing of any goods or products. Claims for advice, design or specification where the insured also contracts to manufacture, construct, erect install or supply materials or equipment.
  • Any claims from asbestos unless arising directly from your negligent advice or breach of duty of care in the performance of training services.
  • Any claim for pollution or contamination unless the pollution or contamination occurs during the period of the policy and is caused by a sudden unintended and unexpected occurrence. The claim must still be made and notified during the policy period. This cover is limited to £25,000 in the aggregate.
Conditions
  • Claims and circumstances must be notified to the Insurer in writing within 30 days as soon as they are known to the Insured and in any event must be advised during the period of the policy.
  • Insurers can cancel the policy by giving 30 days prior notice. In these cases Insurers will return a pro-rata proportion of the premium. As the Insured you can cancel at any time with Insurers calculating their return premium based on their short rate terms. No return of premium will be made where a claim or potential claim has been notified during that period of insurance.
  • Complaints can be referred to the Insurer in writing and the Insurer will endeavour to respond within 8 weeks. There is no referral to the Financial Ombudsman Service. If the Insurer cannot meet their liabilities, there is no fall back to the Financial Services Compensation Scheme.
  • You must disclose to the Insurer all material facts and information prior to and/or at inception of your policy, and/or at any time during the period of insurance if your circumstances change. Failure to do so could result in the Insurer being able to invalidate the cover and decline to meet any claims.
Insurer
Trafalgar Insurance Company Limited
Normandie House
Rue A Chiens
St. Sampson
Guernsey GY2 4AE

Trafalgar Insurance Company Limited is authorised and regulated by the Guernsey Financial Services Commission

2) Inquiry Representation Cover

Up to a maximum £10,000 in the aggregate for legal costs incurred with Insurers prior consent for representation at any inquiry or other proceeding which has a direct relevance to any claim, circumstances or event insured under the policy.

Schedule of Benefits:
Inquiry Representation Cover
Territorial Limit:
United Kingdom of Great Britain and Northern Ireland, excluding the Channel Islands and the Isle of Man.
Limit of Indemnity:
£10,000 any one claim and in the aggregate.
Excess:
£250 (Insurers appointed representative);
£1,000 (to appoint your own representative).
General Exclusions:
The Insurer shall not be liable to indemnify the Insured in respect of:
(1) The defence of the Insured in civil legal proceedings arising from
  • Injury or disease including psychiatric injury and stress;
  • Loss, destruction or damage of or to property;
  • Alleged breach of any professional duty;
  • Any tortuous liability
  • (2) Any dispute, legal proceedings made, brought or commenced outside the Territorial Limits;
    (3) Legal Expenses incurred without the prior written consent of the Coverholder or in excess of the Coverholder’s consent;
    (4) Any Claim relating to or arising from any cause, event or circumstance occurring prior to or existing at inception of this Policy and which has or which the Insured knew or ought reasonably to have known may give rise to a dispute, legal proceedings or by or against the Insured;
    (5) Fines or other penalties imposed by a court or tribunal;
    For a full list of exclusions, please refer to the policy wording.


    3) Employers Liability and Public Liability Insurance

    1. Employers' Liability (Compulsory Insurance) Act 1969 states that all limited companies must have an insurance policy in place, to protect against claims for any injury sustained by an employee of the company in the conduct of their business - even if you are the only employee.

    2. Public Liability provides cover against injury to third parties &/or damage to third party property, caused by an employee of the company in the conduct of their business.

    Limit of Indemnity:
    1) £10,000,000 any one occurrence
    2) Choice of Limits from £1,000,000 up to £5,000,000 any one claim
    Excess:
    1) £Nil
    2) £250 Third Party Property Damage only
    Situation:
    Worldwide excluding USA/Canada
    Jurisdiction:
    Any actions against the Insured must be brought in a court within the following territories: - Great Britain, Northern Ireland, the Isle of Man or the Channel Islands


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    Terms of business | Initial Disclosure | Security policy | Conditions of use
    Trafalgar Risk Management Limited is authorised and regulated by The Financial Services Authority under registration number 311662.
    Trafalgar Risk Management Limited is a member of the British Insurance Brokers Association.
    Registered in England & Wales No. 03876370.
    Registered Office: Audit House, 260 Field End Road, Eastcote, Middlesex, HA4 9LT.