Posts in Uncategorised

If a business ceases trading, do you still need D&O insurance?

October 10th, 2024 Posted by Uncategorised 0 comments on “If a business ceases trading, do you still need D&O insurance?”

If you are a director or officer for a business, protecting your and your leadership teams personal exposures is vital. Our sister company, Specialist Risk Insurance Solutions, has created a FREE guide that we are pleased to be able to share with our clients. Read the guide for more information about how to safeguard your leadership team against potentially lengthy and costly legal proceedings.

CFO CENTRE CASE STUDY

April 25th, 2024 Posted by Uncategorised 0 comments on “CFO CENTRE CASE STUDY”

Difficult. Done Well.

Read our latest case study to see how Jason Cohen, Head of Business Development at Hamilton Leigh helped a CFO Centre client in placing a global insurance programme at a competitive rate in a highly efficient timeframe.

Background

Jason Cohen began engaging with CFO Centre client, Stuart Hood, who is an international leading advisor working within the energy, refining and chemical sectors. Jason provided advice and assistance around the placement of one of Stuart’s clients’ global insurance programmes.

Challenge

The UK Limited company, with international presence, were part of a global insurance programme stemming from the US but given potential forthcoming structural changes, Stuart was keen to explore an insurance programme that stemmed from the UK and could then cover the business on the same international basis of cover.

Stuart and Jason Cohen engaged extensively to discuss the covers the business currently had in place, the markets available and the practicalities around structure of programme. It transpired that this particular year was not the right time for the business to move their insurances but nonetheless, Stuart took great value from his interaction with Jason to understand that this could be done and how.

Solution

The following year, Jason and Stuart put their plan into action and at this point Jason engaged the international team at Specialist Risk Group (SRG). On this case, matters were led by Kevin White, Account Director. Kevin and his team are incredibly experienced and knowledgeable about their markets on a global level and in almost every case give a very understated account of what they do how they do it. The truth is their service level and expertise are invaluable in such complex placements.

SRG’s international team have a vast amount of experience working with global insurance markets, this was paramount to ensuring Stuart had the most comprehensive insurance coverage which captured all elements of risk across the regions they operated within.

Following a detailed review of the Group’s insurances, which involved an in-depth gap analysis of the existing policy wordings, SRG’s international team carried out an extensive marketing exercise which included London, US, and Asian markets.

Outcome

SRG’s international team utilised their Worldwide Broker Network membership relations to ensure that the current insurers were advised of Hamilton Leigh being the newly appointed broker, and to formalise this appointment and access local markets in the US for the Professional Indemnity and Cyber policies.

Working in partnership with their US markets, SRG’s international team were able to secure continuous Cyber cover, with broader worldwide coverage at a competitive rate. Similarly with the Professional Indemnity and Directors’ and Officers’ policies, SRG’s international team negotiated competitive premium rates with insurer’s in the name of the Top Company, which was based in the British Virgin Islands, ensuring global cover for the entire group.

Stuart was incredibly complimentary of the work carried out by Jason Cohen and SRG’s international team quoting “Jason has proven to be an invaluable partner for me and various clients, supporting us in not only obtaining a competitive price but more importantly reviewing the suitability and in some circumstances adequacy of cover. On this particular case, it was vitally important that our cover remained stable and at competitive premiums. Given the more complex nature of this business case mentioned, I am very grateful to Jason and his International counterparts for making it such a seamless process.”

Protecting yourself as a Director or Officer in 2023 and beyond

August 23rd, 2023 Posted by Uncategorised 0 comments on “Protecting yourself as a Director or Officer in 2023 and beyond”

In their positions, Directors and Officers have specific duties, responsibilities, and powers. One incorrect move or decision means they can be personally scrutinised by employers, shareholders, and regulators and therefore board engagement with Directors and Officers (D&O) also known as Management Liability insurance, is vital.

We previously held a webinar with expert panellists Gary Gallen, Founder and CEO of specialist law firm rradar, and Nick McGarey, Underwriter at Beazley, who mentioned that in both the legal and insurance sectors, they are seeing an increase in litigation and claims against businesses and senior management teams.

Our panellists provided the following top tips to protect yourself as a Director/Officer:

  • Ensure regular check-ins with your remote employees as isolation and exclusion can trigger claims against you and/or your business
  • Regularly review internal and external data protection policies and procedures
  • Provide data protection and cyber training to employees as 90% of all data breaches occur because of human error
  • Embrace and innovate the new way of working and offer flexibility for existing and prospective employees to avoid unfair treatment claims
  • Set out health and safety measures and ensure processes are followed and clearly documented to avoid investigation by the HSE
  • Have a robust business continuity plan in place
  • Remember that smaller businesses are just as likely to be targeted as larger businesses
  • Speak to your insurance broker about how you can mitigate these risks through careful risk management and Management Liability insurance

It is important to remember that Executive Directors, Non-Executive Directors, Shadow Directors, and Officers, including those who have retired, can be held culpable for Directors and Officers claims so now is the time to consider your personal protection.

We are here to help

If you would like to discuss your personal exposures further, or for more information about Management Liability insurance and what it covers, get in touch with Jason Cohen:

JasonCohen@hamiltonleigh.com

Cyber-attacks: how they occur and how to protect against them

May 30th, 2023 Posted by Uncategorised 0 comments on “Cyber-attacks: how they occur and how to protect against them”

It can be difficult to comprehend the cyber risks your business is exposed to, particularly if you have never experienced a cyber-attack. Therefore, many choose to bear the consequences themselves without understanding how significant these can be. However, Cyber and Cyber-crime claims are now making up more than 50% of all claims in the insurance market, so managing this risk is no longer a task for the IT team, but a Board level consideration.

In this blog we explain some of the most common cyber-attacks, how they occur and how you can protect your business against them:

Funds Transfer Fraud / Social Engineering Fraud

Almost all companies invoice their clients for payment for their goods or services, as well as working with several suppliers who will in turn invoice for goods and services they provide to the company. When paying these invoices electronically it is all too easy to fall victim to cybercriminals who can intercept electronic payments and divert them to fraudulent accounts.

These attacks can be perpetrated in a number of ways including:

  • Social Engineering – whereby a member of your accounts team might be tricked into paying funds into a fraudulent account, following an extremely convincing call from someone pretending to be the client/supplier and advising of a change of bank details.
  • Invoice Fraud – whereby an invoice attached to an email can be intercepted along the way, with the details changed to that of a fraudulent account before being released, seemingly with no discernible changes.

These risks can be mitigated by training your employees to look out for the tell-tale signs that a fraudster may be involved, including the creation of high pressure/urgency, as well as implementing procedures such as call-backs to a known contact before accepting a change of bank details. 80% of Cyber claims involve employee error, so training your staff is a crucial element of your Cyber risk management.

Ransomware and Data Breaches

The most valuable asset that most companies hold is their data, rather than physical assets such as their property or plant/machinery. Whether a company relies on their systems to trade day to day or holds sensitive customer data, cyber criminals know all too well that the majority of companies cannot survive a ransomware attack for long.

Ransomware attacks can result from something as simple as an employee opening what appeared to be a ‘CV’ attached to an email that came from someone purporting to be on the hunt for a job. For a sophisticated cyber-criminal, this is enough for ransomware to be installed on your network, giving the hacker the ability to not only shut down your network but also to access and leak data you hold.

Cyber criminals have recently pivoted away from shutting down a network and demanding a few hundred pounds for the key to unlock; instead, they are sitting in the network for months on end, gathering data that can be sold on the dark web or leaked, and then using this knowledge to demand ransoms of up to tens or even hundreds of thousands of pounds.

How to mitigate your risk:

  • Use reputable antivirus software and firewalls – this is your first line of defence, so maintaining a strong firewall and keeping your security software up to date is critical.
  • Patching (updating) – Regular patching of vulnerable software is necessary to help prevent infection that takes advantage of out-of-date systems with known vulnerabilities.
  • Strong passwords and multi-factor authentication – enforce a strong password policy and multi-factor authentication. This will also reduce your risk of Business Email Compromise (BEC), which is another prolific problem and can lead to downtime, reputational impact, and large financial loss.

The National Cyber Security Centre (NCSC) has provided further guidance with actions you can take to reduce the risk of falling victim to an attack whilst the threat level is heightened here.

We are here to help

To learn more about how to protect your business against cyber risks, contact our specialist, Jason Cohen:

JasonCohen@hamiltonleigh.com

A guide to Management Liability insurance

April 18th, 2023 Posted by Uncategorised 0 comments on “A guide to Management Liability insurance”

Legal actions may be brought against companies for a variety of reasons ranging from allegations of financial mismanagement, to alleged liability for injury/illness or for loss of or damage to property. Therefore, board engagement with Management Liability insurance is critical to protect your business.

What is Management Liability Insurance?

Management Liability insurance is a suite of covers designed to offer legal protection for you, your fellow Directors and Officers and your company for wrongful acts you have, or are alleged to have, committed. There are three sections to this suite of covers:

Directors & Officers Liability (core) – Directors and Officers (D&O) Liability insurance provides protection for the Directors and Officers of a company for claims against them for wrongful acts committed solely by reason of their acting as a Director or Officer of a company.

Employment Practices Liability (optional) – Employment Practices Liability (EPL) insurance protects your company against financial loss from claims made by employees for a wide range of employment practice violations, including unfair dismissal or discrimination on grounds of sex, race, disability, religion, belief, or sexual orientation.

Corporate Legal Liability (optional) – Corporate Legal Liability (CLL) is similar to D&O but provides indemnity in respect of costs and awards for any allegations/claims made against the company (entity) as opposed to individuals.

Frequently Asked Questions

Why do we also need Corporate Legal Liability?

As claimants will want the best chance of success, they will deploy a scattergun approach against you (the individual) and the company you work for. Therefore, purchasing Corporate Legal Liability ensures an all-encompassing protection.

What is the need for Employment Practices Liability cover?

These immediate issues aside, Employment Practices Liability (EPL) is a vital cover as it defends your business against the allegations of wrongful dismissal, discrimination, and harassment to name a few.

What is a wrongful act?

Examples of wrongful acts include:

  • Inland revenue investigation
  • Flouting regulations
  • Making a poor business decision that effects income &/or shareholders or brings the business in to disrepute
  • Making an acquisition with no/scant due diligence that then puts your core business at risk
  • Closing business locations and causing loss to the landlord
  • Sanctioning a site clearance without an environmental survey putting protected wildlife at risk
  • Taking over a business and its obligations but not fulfilling them

In short, anyone can make an allegation of a wrongful act for any number of reasons and Management Liability cover will defend you, as long as you have not acted fraudulently or committed a criminal offence.

Who is covered under a Management Liability insurance policy?

All past, present, and future:

  • Executive Directors
  • Non-Executive Directors – (The liabilities of non-executive directors are the same as those of executive directors)
  • Shadow Directors – A Shadow Director is someone who is not a registered Director of a company but exercises control or influence over a business and on whose instructions the Directors of the company act. Professional Advisors are not regarded as Shadow Directors. A Shadow Director is treated in many ways as a real Director of the company concerned and so will be bound by the same duties and obligations
  • Officers – Managerial and supervisory roles

What is the most common type of claim under the policy?

Whilst claims can be brought by anyone, the most common claims relate to allegations of Employment Law failings such as:

  • Bullying
  • Harassment
  • Discrimination
  • Failure to promote/recruit

Are there any exclusions under the policy?

Generally speaking, cover is broad and designed to pay defence costs and awards, irrespective of cause. However, certain types of risk are typically excluded, such as deliberate acts, criminal acts, wilful misconduct or damages for bodily injury and property damage.

A risk management checklist for Directors and Officers

Our specialist team have drafted the following guidance to protect yourself as a Director/Officer:

  • Educate yourself on the risks that drive litigation and regulatory actions
  • Invite subject experts to board meetings to discuss emerging risks
  • Draw on the expertise of insurers and learn from D&O claims trends
  • Reduce risk by developing robust governance and strong culture
  • Encourage diversity of knowledge and experience at board level
  • Carry out due diligence on business partners for corruption, ethics, and cyber risks
  • Do not be afraid to question and challenge the conduct of others
  • Take red flags seriously and act on them

Next steps

For more information on how you can protect yourself and your fellow Directors and Officers within your organisation, get in touch with Jason Cohen:

JasonCohen@hamiltonleigh.com

Underinsurance ‘made worse’ by rising construction costs

March 20th, 2023 Posted by Uncategorised 0 comments on “Underinsurance ‘made worse’ by rising construction costs”

It is crucial to ensure your building is insured adequately and important to consider the rising costs in products and materials.

If you are concerned about the adequacy of your cover, please contact us to discuss at info@hamiltonleigh.com

Infographic credit: RebuildCostASSESSMENT.com

It is vital to insure your building correctly – ‘You get what you pay for’

March 20th, 2023 Posted by Uncategorised 0 comments on “It is vital to insure your building correctly – ‘You get what you pay for’”

If you are concerned that your building may not be adequately insured, please get in touch with us to discuss at info@hamiltonleigh.com

Infographic credit: RebuildCostASSESSMENT.com 

9 out of 10 UK properties are insured for the wrong amount

March 20th, 2023 Posted by Uncategorised 0 comments on “9 out of 10 UK properties are insured for the wrong amount”

We are continuously focused on discussing this subject with our clients to ensure they are covered correctly. 

Please feel free to contact us to discuss further at info@hamiltonleigh.com

Infographic credit: RebuildCostASSESSMENT.com

Hamilton Leigh in partnership with KVF Consultants

January 22nd, 2023 Posted by Uncategorised 0 comments on “Hamilton Leigh in partnership with KVF Consultants”

Hamilton Leigh is proud to work in partnership with KVF Advisory, health and safety consultants who specialise in the Motor Trade sector, offering our clients a bespoke and robust approach to risk management.

THE BENEFITS

KVF Advisory Services £125 plus VAT per site per month

  • An annual visit from KVF plus full access to CANOPY Safety* (innovative Health & Safety Management & Compliance software):
    • Single or multi-site
    • Unlimited user access
    • Interactive dashboard, with actions, notifications, and reminders
    • Audits
    • Checklists
    • Risk assessment library
    • Online accident book
    • File management
    • MI reporting
    • Help function
  • Fully scored audit completed with risk profile conducted and follow-up actions (fixes) provided
  • Unlimited email and telephone support
  • Additional visits subject to availability

CANOPY Safety £100 plus VAT per site per month (software only option)

  • Full access to CANOPY Safety* (our innovative Health & Safety Management & Compliance software):
    • Single or multi-site
    • Unlimited user access
    • Interactive dashboard, with actions, notifications, and reminders
    • Audits
    • Checklists
    • Risk assessment library
    • Online accident book
    • File management
    • MI reporting
    • Help function
  • Unlimited email and telephone support
  • Additional visits subject to availability

* CANOPY Safety is a live and interactive online Health & Safety Management tool with online reporting, including accident book with templated policies and procedures for customer use.  This inhouse KVF owned and built system allows multiple users access to their Health & Safety documentation at any time from any web enabled device 24/7/365

Fire Risk Assessments £500 plus VAT per premises

  • Fire Risk Assessments (FRAs) will be conducted by a NEBOSH qualified professional with fully detail report provided upon completion:
    • KVF standard rates are charged at
    • 20% discount available to existing KVF customers

Intuity

  • Online e-Learning system
    • Our Intuity online training platform includes over 60 training courses covering multiple Health & Safety topics.  We’ve also added some HR modules such as Anti-Money Laundering; Data Protection / GDPR; and Information Security.  All priced at just £15 per module, per user, per year.
    • The Health & Safety Induction covers six key areas: Workplace Health & Safety; COSHH; Display Screen Equipment; Fire Awareness; Manual Handling; and PPE and is great value at just £15 with additional courses available to purchase on request.
    • Unlimited email and telephone support

First Aid & Fire Marshal Training

  • KVF are also able to provide face to face classroom based First Aid and Fire Marshal Training at your own premises. Further details and prices available on request.

YOUR BUSINESS. OUR FOCUS.

For more information, or to arrange an introductory meeting with KVF, please contact Jason Cohen: jasoncohen@hamiltonleigh.com

Plan ahead to avoid the impact of inflation on motor trade insurance premiums

September 22nd, 2022 Posted by Uncategorised 0 comments on “Plan ahead to avoid the impact of inflation on motor trade insurance premiums”

According to US bank Citi, consumer price inflation is set to peak at 18% in early 2023 — nine times the Bank of England’s target, raising their forecast once again in the light of the latest jump in energy prices.

This couldn’t come at a worse time for motor dealers as high running costs, new vehicle production disruption and staff retention/salary pressures continue to add strain to an already low margin industry.

Post-pandemic supply chain bottlenecks, higher energy and transportation costs, along with shortages of labour were already contributing to higher inflation at the start of 2022. Now the war in Ukraine has further fuelled global inflationary and supply chain pressures, affecting motor trade Business Interruption claims, due to longer waiting periods for parts and materials.

All of the above directly impact insurers’ overall claims costs, none of which were factored into their 2021 pricing.

Tight labour markets are also increasing the severity for large claims. In what has been described as the ‘Great Resignation’, skilled and unskilled workers are in short supply as many have changed career or taken early retirement, just as demand soared after the pandemic. In the UK, job vacancies outpaced unemployment in the first quarter of 2022 for the first time on record. Increased competition for workers and higher wages drives up repair costs, as well as the cost of defending legal claims.

The question being asked by insurers is where are costs going to go next?

To generate forecasts, actuaries look back at past influences on claims inflation to assist with their estimations of ongoing impact. However, with so many recent seismic events, actuaries can no longer rely on historic patterns or data.

Data on the claims impact of new technologies, such as hybrid and electric technology is sparse; however, specialist repairs are often necessary due to the high voltage exposure and the safe and responsible disposal of damaged batteries.

What we do know is that improvements in motor technologies, such as advanced breaking systems, lane discipline technology and light detecting headlamps are expensive and all impact the cost of vehicle repairs. For example, since 2013, Trend Tracker reports vehicle repair costs increased by 48% as a result of new technology, such as Advanced Driver Assistance Systems.

The fall in motor insurance claims during the pandemic has been widely reported, but less well understood is the bottleneck of personal injury claims which are taking insurers longer to process and impacting ‘claims experience’ within the motor trade sector.

It has been a challenge for injured parties to be examined and treated due to COVID-19 restrictions, and this has led to the processing times for claims taking longer than at any point over the previous four years. This delay in personal injury claim settlements meant that settlements in 2021 had a distinct bias to lower cost ‘vehicle damage only’ claims, temporarily preventing a sharper spike in claims inflation.

Furthermore, people are working longer and increasing their earning potential in order to fund retirement; damages awarded to injured parties are still rising faster than inflation. Medical advancements make survival following a serious accident more likely. While this is of course extremely positive, claim values are increasing significantly, covering future loss of earnings, medical and care provisions along with home adaptations.

Furthermore, insurers cannot ignore the huge impact of climate change, which is an additional concern. The UK has seen a considerable increase in the frequency and severity of flooding over the last 20 years. Forecasts indicate that similar weather patterns will continue in the short to medium term. According to the Met Office, record-breaking rainfall could be 10 times more likely by 2100.

On 18 July, Direct Line issued a profit warning, stating that the soaring prices of used cars, parts and longer repair times have pushed up the cost of claims. Following this, shares in the insurer plunged 13%, making Direct Line the biggest faller on the FTSE 250 to its lowest level since 2013, as the company said that overall claim costs are rising at about 10%.

Direct Line’s current predicament is not unique. The motor trade insurance market is no different. Higher used car prices, increased third party claims costs, longer repair times and inflation in the cost of car parts means insurance premium inflation has continued to fall short of the increases in claims inflation.

Steps you can take to control your insurance premium costs

Our businesses operate in a completely different world today, bringing new and challenging risk exposures, including Cyber threats and cultural employment risks, such as diversity & inclusion, all of which threaten our businesses, people, reputation and brand.

Motor dealers are greatly exposed to accidents and incidents, given the number of sites, vehicles and people within their control. Due to market capacity, insurance premiums weren’t fully reflective of these exposures previously, but after 19 years of insurance premium rate decline, motor dealers can no longer rely on ‘soft’ insurance premium rating.

Insurers are now taking a different approach from the normal ‘pound swapping’ insurance premium vs claims costs exercise that we’ve all become used to – this will no longer work!

An immediate change of focus is required. The only way to avoid increased premium costs is to implement a structured risk management programme in full collaboration with your broker and insurer.

With only seven recognised insurers underwriting motor dealer insurance in the open market, all with a history of incredibly narrow profit margins, motor trade underwriters’ primary focus is on the management of risk and whether it meets expectation. Insurers will be seeking firm evidence of a structured risk management plan, with full, board level buy-in and will also want to have direct input to ensure its effectiveness. Basically, underwriters’ want to see better risk management systems and controls so that the insurance you buy is the last line of defence – not the first!

Even insurer Long-Term Agreements (LTA’s) are now under scrutiny as there is pressure from reinsurers to make existing pricing work. Insurance companies are reviewing all long-term contracts with the view to exiting those considered unlikely to remain profitable.

There are further added benefits to improved risk management controls. Understandably, a motor dealer’s main focus will always be on the insurance premium cost, yet one exposure largely overlooked by motor dealers is their ‘retained risk’ costs. These are the costs of incidents that fall within a motor dealers’ policy excess and/or for damages deemed to be uninsured. In my experience, much of this cost goes unrecorded and lost in ‘miscellaneous’ expense but if properly accounted, can add up to a seriously large number.

Insurers consider pro-active risk management essential and motor dealers that embrace this culture now will receive valuable insurer support, avoid future increases in insurance premiums and reduce their retained risk costs.

Your approach to your insurance renewal can also make a difference. Start your renewal process much earlier than normal; insurers are becoming more selective about the risks they choose to write. Agree your renewal strategy with your broker, devise a plan to reflect your risk tolerance appetite and demonstrate your risk management controls.

Hamilton Leigh facilitates Risk Awareness Workshops for motor dealers, designed to help motor dealers identify and eradicate risk and hazards in the workplace, reducing exposure to accidents and incidents. The workshops are recognised by the specialist motor trade insurers and have a proven track record of creating a safer working environment, closer working relationships with underwriters and achieving significant cost saving benefits for motor dealers.

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