Blog about all things to do with professional indemnity insurance and small business insurance.
Wednesday, 23 November 2011
New Hire & Fire Employment Rules
Staff working in small businesses could lose their right to claim unfair dismissal. Companies with les than 10 employees may be more simple & quicker. Employees may need to work longer before they give the right to a tribunal. This can help small businesses to expand without the fear of costly tribunals, making it easy to hire of fire. Many companies are logged by ridiculous rules and fear high tribunals payouts. Protection can be arranged for companies by purchasing insurance policies such as Directors & Officers insurance, Professional Indemnity and legal protection insurance policies. The business secretary Vince Cable said he "wanted the process of getting rid of staff to be simple and quicker"
Monday, 6 June 2011
27% more home based businesses
According to figures from Lloyds TSB Business Insurance, around 5.9 million UK businesses are operated from a home, that's 27% more in the last year than the previous year.
IT consultancies are the most common home-based business, as well as healthcare (physiotherapy, homneopathy or counselling), construction, teaching and management consultancies.
The study found that nearly 50% of people set up their own company because they wanted to be their own boss.
The head of commercial business insurance at Lloyds TSB Insurance, Stuart Curtis, said: "The number of enterprising people opting to turn their home into their business hub is set to increase over the next year as the recession continues to bite."
According to the research, around 60% of people run their business on their own and just over one third with their spouse or partner.
Graham Hearsey of specialist insurance broker Professional Insurance Agents comments: "These figures come as no surprise as we ourselves have seen an increase in the number of request for business insurance quotes from home based businesses over the past year. It is important for these businesses to ensure they have adequate business insurance cover, the most important being professional indemnity insurance as well as public liability insurance. In some cases, particulary if there is an office at the home a good office insurance policy should also be considered."
IT consultancies are the most common home-based business, as well as healthcare (physiotherapy, homneopathy or counselling), construction, teaching and management consultancies.
The study found that nearly 50% of people set up their own company because they wanted to be their own boss.
The head of commercial business insurance at Lloyds TSB Insurance, Stuart Curtis, said: "The number of enterprising people opting to turn their home into their business hub is set to increase over the next year as the recession continues to bite."
According to the research, around 60% of people run their business on their own and just over one third with their spouse or partner.
Graham Hearsey of specialist insurance broker Professional Insurance Agents comments: "These figures come as no surprise as we ourselves have seen an increase in the number of request for business insurance quotes from home based businesses over the past year. It is important for these businesses to ensure they have adequate business insurance cover, the most important being professional indemnity insurance as well as public liability insurance. In some cases, particulary if there is an office at the home a good office insurance policy should also be considered."
Thursday, 2 June 2011
Locals Say Cost of Quinn Administration is Scandalous
Locals in the border counties of Ireland say the huge cost of the Quinn Insurance administration and the downfall of the business since it was taken from the Quinn family are the real scandal at the centre of the Quinn story.
When the Quinn Insurance company went into administration more than a year ago it appeared to have excess assets of around €300m. Now, though, it has a €600m blackhole that will be paid for by a levy on insurance policies. Premiums have fallen to less than €700m this year from more than €1bn previously.
Michael McAteer, of administrators Grant Thornton said "We didn't run it into the ground, but no company ever runs well in administration,
"Having the words 'under administration' under your name when you're selling insurance is not very sales and marketing friendly."
Mr McAteer went on to say that the €600m black hole was the result of inadequate cash set aside for insurance policies written before the company went into administration - a problem that wasn't apparent until actuaries went through the books.
When the Quinn Insurance company went into administration more than a year ago it appeared to have excess assets of around €300m. Now, though, it has a €600m blackhole that will be paid for by a levy on insurance policies. Premiums have fallen to less than €700m this year from more than €1bn previously.
Michael McAteer, of administrators Grant Thornton said "We didn't run it into the ground, but no company ever runs well in administration,
"Having the words 'under administration' under your name when you're selling insurance is not very sales and marketing friendly."
Mr McAteer went on to say that the €600m black hole was the result of inadequate cash set aside for insurance policies written before the company went into administration - a problem that wasn't apparent until actuaries went through the books.
Thursday, 26 May 2011
Australian lawyers angry over court's professional indemnity decision
Lawyers in Australia are puffing at the chest after a New South Wales Supreme Court case has highlighted their importance in choosing professional indemnity insurance cover.
Newcastle-based financial services firm Prosperity Advisers went into administration after it became involved in a battle with its former professional indemnity insurer over legal claims from unhappy investors.
The dispute with the company's former professional indemnity insurance provider relates to advice given to clients in 2004-05. Sfter following this advice, some investors lost money. Over 160 clients sued the company for negligently advising them to invest, which resulted in $17 million AUD (£11 million) in losses. The company referred the claims to its professional indemnity insurer.
What the company has labelled a "technicality" meant that the insurer would only cover part of the claims.
Prosperity’s insurer rejected the broker’s opinion that only one excess of $40,000 was payable on the entire case, and instead, required separate excesses to be paid for each individual claim.
Law firm Colin Biggers & Paisley says that the case demonstrates that organisations which rely entirely on a broker and do not seek separate legal advice on the suitability of their insurance policies are taking careless risks.
According to the law firm, the Court found that the insurance broker who provided incorrect advice had breached his duty of care.
Special counsel Kemsley Brennan, of Colin Biggers & Paisley, said assessing whether an insurance policy effectively meets the needs of a business requires a lawyer’s input.
"You cannot determine a business’s real exposures, if you’re not qualified to identify potential liabilities in employment and customer contracts. And you cannot advise on whether deductibles or limits are appropriate unless you have a strong understanding of insurance law principles,” said Brennan.
“The bottom line is that directors should always have a lawyer review the organisation’s insurance program and map it against the business’s needs. A good insurance lawyer will then identify coverage gaps and arm the organisation with the knowledge to ensure they ask the right questions of their broker, to get the insurance product that’s ultimately right for them.
“The right policy can mean the difference between business insolvency and success, so it’s important for organisations to get a lawyer involved at an early stage as a vital complement to their broker’s services,” he said.
The Court found that the broker had breached his duty of care to Prosperity.
Brennan said that ultimately however, Prosperity’s negligence claim did not succeed, as it could not identify an alternative insurance product available at the time that imposed a single excess.
Newcastle-based financial services firm Prosperity Advisers went into administration after it became involved in a battle with its former professional indemnity insurer over legal claims from unhappy investors.
The dispute with the company's former professional indemnity insurance provider relates to advice given to clients in 2004-05. Sfter following this advice, some investors lost money. Over 160 clients sued the company for negligently advising them to invest, which resulted in $17 million AUD (£11 million) in losses. The company referred the claims to its professional indemnity insurer.
What the company has labelled a "technicality" meant that the insurer would only cover part of the claims.
Prosperity’s insurer rejected the broker’s opinion that only one excess of $40,000 was payable on the entire case, and instead, required separate excesses to be paid for each individual claim.
Law firm Colin Biggers & Paisley says that the case demonstrates that organisations which rely entirely on a broker and do not seek separate legal advice on the suitability of their insurance policies are taking careless risks.
According to the law firm, the Court found that the insurance broker who provided incorrect advice had breached his duty of care.
Special counsel Kemsley Brennan, of Colin Biggers & Paisley, said assessing whether an insurance policy effectively meets the needs of a business requires a lawyer’s input.
"You cannot determine a business’s real exposures, if you’re not qualified to identify potential liabilities in employment and customer contracts. And you cannot advise on whether deductibles or limits are appropriate unless you have a strong understanding of insurance law principles,” said Brennan.
“The bottom line is that directors should always have a lawyer review the organisation’s insurance program and map it against the business’s needs. A good insurance lawyer will then identify coverage gaps and arm the organisation with the knowledge to ensure they ask the right questions of their broker, to get the insurance product that’s ultimately right for them.
“The right policy can mean the difference between business insolvency and success, so it’s important for organisations to get a lawyer involved at an early stage as a vital complement to their broker’s services,” he said.
The Court found that the broker had breached his duty of care to Prosperity.
Brennan said that ultimately however, Prosperity’s negligence claim did not succeed, as it could not identify an alternative insurance product available at the time that imposed a single excess.
Tuesday, 24 May 2011
Chaucer leads new charterer’s product for Marsh
Chaucer Syndicates has announced leadership of a new default insurance product for charterers which will be offered by Marsh. The product includes specialist wordings developed by Chaucer and Marsh.
The insurance provides protection for the income of the shipowner, including provision for the impact of changes in spot charter rates, if there is a financial default under the charter party,
This is the only product in the Lloyd’s market that provides this protection and Chaucer stated that the specialist exposure required both an extensive knowledge of trade finance and an understanding of the chartering market.
Nick Kilhams, political risk class underwriter for Chaucer’s Syndicate 1084, comments: “This is an excellent new product for shipowners looking for income protection and demonstrates how Chaucer’s trade credit and marine underwriters work successfully together”
He goes on to say: “Combined with our access to the Marsh global distribution network, I am confident of our ability to realise the great potential of this product in the Lloyd’s market.”
The insurance provides protection for the income of the shipowner, including provision for the impact of changes in spot charter rates, if there is a financial default under the charter party,
This is the only product in the Lloyd’s market that provides this protection and Chaucer stated that the specialist exposure required both an extensive knowledge of trade finance and an understanding of the chartering market.
Nick Kilhams, political risk class underwriter for Chaucer’s Syndicate 1084, comments: “This is an excellent new product for shipowners looking for income protection and demonstrates how Chaucer’s trade credit and marine underwriters work successfully together”
He goes on to say: “Combined with our access to the Marsh global distribution network, I am confident of our ability to realise the great potential of this product in the Lloyd’s market.”
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