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Posted By Brenda H
Does anyone know whether it's usual for a company's insurer's to exclude liability with regards to work carried out by licensed removal contractors?
I know that before you employ a licensed contractor you would pre-qualify, check insurance details etc etc; but the exclusion makes me feel a little wary, although I am not sure why!
Can anyone suggest any situations where this could catch us out?
Please don't e-mail me as I can't access the e-mails during the day.
Many thanks
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Posted By David Matthew
As far as I'm aware it's not unusual to have exclusions or limitations in insurance policies as it helps reduce the premiums. Generally all that companies have to do is inform their insurers of the works for them to modify their cover which is normally confirmed by a letter. Dependant on the extension of cover there may be an added premium to pay.
Regards,
David
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Posted By Brenda H
Hi David,
Thanks for that.
When you say inform your insurer's each time there's asbestos work, do you mean so you only pay the increased premiums for the period of the work rather than say the whole year?
Also, I guess that's my second question; if we pre-qual and check the contractors insurance etc, do we need to worry about whether our insurance covers the work or not?
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Posted By David Matthew
Brenda,
I don't confess to be an expert but will let you know of my previous experience. When negotiating insurance premiums as a construction company, the company would generally put some sort of limitation on the type of work covered as to get insurance premiums to cover all circumstances would cost an arm and a leg. For example, this might include a restriction on working at heioghts of say over 10 metres. If we won work involving work at height of over 10 metres then the insurance company would be informed which might involve the payment of an additional premium purely for that period of time. Basically insurance cover was for the day to day stuff.
Hope this helps.
Regards,
David
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Posted By Phil Grace
Brenda,
This is a bit of a tricky one. Firstly if I understand your posting correctly you are talking about your firm using an asbestos removal contractor. Your insurer would expect them to have their own cover, for their employees (Employers Liability) and for any damage they may cause to your premises (Public Liability)
Why should your insurer, who might be insuring an office risk or a manufacturer insure an asbestos removal contractor..????!!
There is something called contingent cover which is designed to operate if your contractor should cause an accident or damage and then it is found that they are not insured or do not have have sufficient cover. This contingent cover would then protect you. This is the reason why you should always check your contractors in insurance arrangements before they start work. You don't want to ask your insurer to have to pay for your contractor's negligence.
Finally, all PL policies now contain what is, in effect, an absolute, total exclusion of any (PL) losses caused by asbestos.
Hope that helps... get in touch if you want to discuss further - there is too much to put down here.
Phil PS I work for a major insurer so may be able to help with intepretation and understanding.
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Posted By Spiderman
On a similar vein, on a CDM notifiable refurbishment project, where for part of the project the Principal Contractor employs a licensed sub-contractor to remove asbestos cement roof sheeting and replace with non asbestos sheeting, does the PC require specific asbestos cover in order to undertake the entire project?
Would the PC not be responsible for the actions of their sub-contractors?
Thanks
Spiderman
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Posted By Brenda H
Hi Phil,
Thank you for your reply, it has pretty much answered my query.
We would only use a contractor with adequate insurance and would not expect our insurer to insure the contractor.
However, I am thinking of situations, like you have said, where we may be vulnerable for our contractors negligence.
The contingent cover was not something I was aware of and will discuss with out insurer's.
Thanks for your help.
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