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

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

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 

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

The UK formally left the European Union on 31 January 2020. Whilst we now have a Free Trade Agreement, uncertainty remains on whether this will be extended to facilitate access to the EU’s single market for UK financial services.

From 1st January 2021, UK motorists including road hauliers driving in the European Economic Area, Andorra, Serbia and Switzerland will need physical proof of motor insurance when they travel; commonly referred to as a Green Card, until such time as the EU Commission agrees that the UK can remain part of the Green Card Free Circulation Zone. The Green Card requirement will also apply to motorists in Northern Ireland driving across the border with the Republic of Ireland.

All European Economic Area (EEA) countries (EU countries, and Iceland, Liechtenstein, Norway) are part of a Green Card free circulation area, meaning that motorists based there do not have to carry Green Cards when visiting other countries in the area. UK motorists will be required to carry Green Cards for driving in the Republic and other EU states, until such time as the European Commission agrees that the UK can remain in the Green Card Free Circulation Zone.

Motorists failing to carry a Green Card when one is needed, risk having their vehicle seized and facing prosecution.

What is a Green Card?

A Green Card is an international certificate of insurance that proves you are insured to drive in the EU. They’re issued and signed by your vehicle insurer, and include your vehicle and registration details. You’ll need to have one with you if you’re driving in Europe and you’ll need a second one if you’re towing a trailer or caravan.

You also need to take your vehicle registration document (V5) to prove you own the vehicle and have a GB sticker on your vehicle and any trailer. In some countries you’ll need an international driving permit (IDP) Check if you need an IDP.

How long do they last for?

A Green Card can last for up to 90 days (or until you’re due to renew your motor insurance, if your renewal date is less than 90 days away), but you should check your policy booklet for details on how long you’re covered to drive in a single trip abroad.

What happens if my insurance renews whilst I’m driving abroad?

When you renew your insurance you’ll need a new Green Card for your new policy, even if you keep your insurance with the same insurance company. If you decide to switch to a new insurer, you’ll need to ask them for a new Green Card.

If you plan to be driving your vehicle abroad, please make sure you apply for a Green Card at least 3-4 weeks in advance of your trip as some insurers require a minimum of 3 weeks’ notice in order to produce the document.

What will happen if I don’t have a Green Card when I travel abroad?

You could be breaking the law, be refused entry into the European country, receive a fine and/or have your vehicle seized. Motor insurance policies do not cover loss or damage caused by the legal confiscation of your vehicle by HM Revenue and Customs, the police, a local authority or any other government authority – check your policy booklet for full terms and conditions.

What happens if I’m driving with a trailer or caravan?

You’ll need to inform us when you ask for your Green Card as you need a second Green Card for your caravan or trailer.

If you plan to take a commercial trailer weighing over 750kg or a non-commercial trailer weighing over 3,500kg, you must also register it with the Government before you can travel to, or through, most EU and EEA countries.

Summary

Although talks remain ongoing for UK financial services firms to replace passporting rights to offer insurance coverage in the EU, an agreement is unlikely to be reached for several months, if at all. If you are planning on driving abroad in 2021, we strongly recommend planning in advance to ensure you have the correct documentation.

For more information, please contact your Hamilton Leigh Client Service Executive.

The tech sector is constantly evolving in a chain reaction of rapid technological developments. No matter where you are based in the world, it is virtually impossible to escape the way new technologies are reshaping everyday life, as exciting as this is, the tech sector faces new challenges for 2021?

Review the full white paper here.

At Hamilton Leigh, we dedicate a lot of time to supporting our clients with risk management to mitigate their exposures. With claims frequency and severity continuously growing, cyber threat should be equally considered when forming risk management practices and procedures for the business. 

We proactively speak with our clients about cyber insurance and the contribution it makes to their management of the risk through the invaluable service and guidance provided in the event of an incident. Insurers are making positive steps to incorporate more proactive elements into their product offering including accredited staff training courses and pre-breach assessments to assess areas of vulnerability. 

This infographic produced by the National Cyber Security Centre provides an excellent starting point of reference for businesses to formulate their cyber risk management plan. 

Should you have any questions about how we can support you please do get in touch with Jason Cohen @ Jasoncohen@hamiltonleigh.com 

Throughout this whole period of uncertainty, employers have been required to react and make decisions quickly. Before returning to work, we would encourage businesses to take the time now to consider all options to create a safe working environment as this will be valuable in mitigating any difficulties and potential liability claims further down the line. Managing and overcoming understandable employee and customer concerns as to potential COVID-19 exposure once they are back at work, commuting or visiting places of business, will be far more challenging. To build such confidence, measures may be required which exceed the minimum required by official guidance.

Review the full update and government advice here.

As employers prepare return to work plans, workplace cleanliness is a topic on the minds of many. In the wake of the COVID-19 pandemic, cleaning practices play a crucial role when reopening workplaces. Employers can consider topics on this checklist when planning or updating cleaning routines.

Download the checklist here and get your business prepared.

The COVID-19 pandemic has changed many aspects of the current workplace, and hygiene and cleanliness are key topics when creating post-coronavirus workplace plans. According to health experts, there are several actions employers should consider. By taking workplace preparedness steps such as updating office layouts, encouraging new behaviours and evaluating existing policies, employers can help prevent the spread of COVID19 and protect the health and safety of their employees.

Download and implement the checklist we have prepared to help you get your business prepared.