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#1 Posted : 18 January 2007 16:50:00(UTC)
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Posted By skooter1
Afternoon Gents.

Ok please excuse my lack of knowledge on this subject, but it was mentioned to me on the back of another conversation about the company PL insurance.

I don’t actually now much about this subject so please bear with me.

I am now sat in a H & S Managers position, and I know the companies PL insurance will cover against any clams but if for any reason I was to give any bad advise, which I hope would never happen, would the companies insurance cover me for a claim or should I be thinking of my own insurance.

Please help.
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#2 Posted : 18 January 2007 18:07:00(UTC)
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Posted By Pete48
Skooter, I am not an insurance bod either but this is my understanding of the common position.
Prof indemnity protects your business against compensation sought by a client if you, or your employees, have made mistakes or are found to have been negligent. Professional indemnity insurance will also cover any legal costs.
So if you are an employee then your employer will probably have professional indemnity insurance to cover their vicarious liability for your acts, errors, omissions etc. In most cases this would protect you from any costs.

However, you can always be sued personally if others consider you negligent in your duty or you may be joined in an action alongside your employer. Would you be happy to be defended by your employers legal team in such a joint action?
Another point to consider is that some organisations self-insure in this area and would cover their costs of vicarious liability but then may seek to pass on legal costs to the negligent employee (if that is established).
So, perhaps it is worth asking to see the details of your employers professional indemnity policy and making your best decision from that. I would always take specialist advice to guide you on these insurance matters. Most of us do not have the cover we think we do in many areas of our life.
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#3 Posted : 18 January 2007 18:19:00(UTC)
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Posted By David Bannister
Hi skooter1

Employees can sue for negligence against their employers for which they (the employers) have compulsory EL insurance. If the company (or an employee) causes damage to a member of the public (visitor, customer, passer-by) they can also be sued, for which they probably have PL insurance. If the company (or an employee) causes damage by a faulty product, again there is likely to be some insurance in place to cover the costs.

If however, the company's employees are providing professional advice, that is where Professional Indemnity insurance comes in - to provide cover against being sued for bad advice.

As a H&S manager, you are an employee. If you get is so wrong that someone is hurt you may (very unlikely unless grossly negligent) be prosecuted. This is a criminal prosecution for which there is no insurance - either for you or your employer. However, the company's EL insurers may provide some defence assistance.

Hope this answers your query.

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