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Archive for the ‘Public liability insurance’ Category

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Wednesday, June 14th, 2017

Hensure Business Insurance is the online trading division of R K Henshall & Co Ltd.  Our Hensure division focuses on delivering quick and efficient solutions to small to medium-sized businesses. Hensure can offer flexible insurance solutions that provide the protection that your business needs at competitive prices. We are able to offer cover for most types of insurance ranging from Shop and Office Insurance, through to Professional Indemnity and Public Liability Insurance.

We have used our knowledge, experience and relationships with the insurance market to develop our own products and are pleased to offer you access to our quote and buy facility for Professional Indemnity Insurance or Liability Insurance.

Professional Indemnity Insurance is compulsory for certain professions such as accountants and architects. However, in today’s increasingly litigious society more and more people who work in other professions are looking to purchase Professional Indemnity cover to protect themselves from allegations of negligence in the services that they have provided.

Why use Hensure Business Insurance

  • Independent Insurance broker with over 40 years experience of arranging Commercial insurance for our clients.
  • Instant online quotes available for a number of trades.
  • Your insurance needs are handled by a dedicated account handler who will get to understand your business.
  • Competitive rates of interest available if you wish to spread the cost of your insurance spend over a 12 month period in order to help with cash flow.
  • We are not a call centre and our staff have the ability to think outside of the box and to offer bespoke solutions.
  • Ability to bind cover online and receive policy documents at the touch of a button for a number of trades and insurance covers.
  • Knowledgeable and experienced staff on hand to assist.
  • We are a Chartered Insurance Broker and in order to retain our chartered title we must ensure that the advice, service and ongoing support we provide to our customers is of the highest quality.
  • We are part of the Brokerbility group of Insurance Brokers and this means that we have enhanced buying power with many of the major insurers.
  • All of our staff are members of the Chartered Insurance Institute and must comply with the Institute’s code of ethics.

Injury not caused by repetitive strain.

Thursday, December 15th, 2011

A recent county court case demonstrates the importance of employers recording and maintaining records of risk assessments and health and safety training.

The claimant in the case was employed by the defendant as a manual parcel handler for just less than two years. He resigned when back pain made him unable to continue in his job. He brought proceedings against his employers alleging that a previously asymptomatic back condition had been exacerbated by his work. He claimed that the work was repetitive, had not been subject to sufficient risk assessment and that his employers had failed to provide a safe system of work.
The defendant denied liability on the basis that the job was a simple and straightforward one, had been properly risk assessed and was not repetitive. There was no previous history of any injuries arising from this work. It was accepted by both parties that the work could not have been done mechanically.

The records showed and the judge accepted that the claimant had received a significant amount of training including on manual handling and that this had been updated. There was not a formal system of breaks in place but employees could and did cover for each other on an ad hoc basis. There was inevitably some element of repetition but the injury had not been caused by this but by the claimant’s posture and his twisting while lifting, both of which he had been trained to avoid. The judge found that the defendant could not have done more to protect the claimant from injury and dismissed his claim.

For information regarding employers and public liability insurance please see the main website.

Three year old’s death – Wall Designer charged

Tuesday, December 6th, 2011

A man who designed a wall which collapsed on a three year old girl, killing her, has been charged with gross negligence manslaughter. The Crown Prosecution Service (CPS) decided the designer of the wall, which was also constructed by his company, Parcol Development Ltd, should be charged in relation to the death of the little girl on 26/7/2008 in Prestatyn, Wales.

Parcol Developments Ltd, of which the charged man was a director, was also charged with an offence under section 3 of the Health and Safety at Work at 1974 which requires all employers to conduct their business in a way that ensures, so far as is reasonably practicable, that others are not exposed to risk.

There are several types of insurance that may help pay defence costs if you or your company were to find itself in the difficult situation of facing prosecution. If necessary these could also help to compensate any victims. These include public liability insurance, product liability insurance, professional indemnity insurance and directors and officers liability insurance.

In addition to the above policies providing indemnity to you for sums which you may be legally liable to pay as compensation, including claimant’s costs and expenses, some policies will also pay for legal costs and solicitor’s fees in defending a prosecution brought for breach of Health and Safety at Work Act 1974. Most of the policies will exclude any fines or penalties imposed.

From the design and build perspective of any project, quality control and safety are important concerns which should be addressed and documented at the planning stage. Having a proper risk management structure in place, in addition to a complete health and safety policy, may reduce the number of conditions which may lead to the cause of an unfortunate event (such as a faulty design leading to a wall collapse).

Beware corporate manslaughter

Monday, September 19th, 2011

In February 2011 Cotswold Geotechnical Holdings (GCH) became the first company to be sentenced under the new offence of Corporate Manslaughter. It has been fined £ 385,000 after being found guilty by a jury at Winchester Crown Court; an employee died when an unsupported trench collapsed in on him while taking soil samples.

Companies and organisations can be found guilty of Corporate Manslaughter if an employee dies as a result of management failures resulting in gross breach of duty of care. The Corporate Manslaughter and Corporate Homicide Act 2007 was designed to make all employers accountable.

Some commentators have expressed disappointment that the first case concerned such a small company which does not have the size or status of the type of corporations that the new legislation was expected to capture. GCH only had eight employees at the time of the offence.

The loss of life, a large fine and negative publicity may make a significant impact on a small company. The sentence handed down by the court demonstrates the tough stance likely to be taken against any company, regardless of size, which fails to adhere to health and safety guidance.

Employer’s have a duty of care to their staff whether it be on building sites, in factories or simply ensuring their company vehicles are roadworthy and the relevant safety checks and manufacturers guidelines for maintenance have been adhered to. In the event of a workplace death, courts will now look at management systems and practices across the organisation. If proven inadequate and at fault, the company can be exposed to a charge of corporate manslaughter. This can result in an unlimited fine or in some cases a fine equivalent to a percentage of the company’s annual turnover.

Many employers and public liability insurance policies provide cover for defence costs in respect of prosecution under both the Corporate Manslaughter & Homicide Act and the Health and Safety at Work Act. Some insurers provide cover for prosecution costs awarded against the insured whereas others believe this forms part of the punishment and therefore it is against public policy to provide insurance cover.

Under your insurance policies you may not be covered if an act is deliberate or you have failed to take reasonable safety precautions. Please speak with us to understand the level of insurance cover you have or can obtain.


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