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Posted By Safe System
Hi All,
Naturally you can not as a company insure agaisn't legal costs etc... think of the accident iceberg...
But.. can you take out personal insurance as a director that means if you face say corporate manslaughter and a hefty fine... your personal insurance would cover the fine?
(dont panic - it hasn't happened! - someone just asked the question)
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Posted By Paul Leadbetter
I wouldn't have thought so as the basic principle is that you cannot insure against criminal punishment.
Paul
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Posted By stephen d clarke
Hi,
Yes illegal to insure against criminal action, its civil action that the insurance is for.
Steve
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Posted By Phil Grace
I've been accused in the past of being pedantic but just to clarify... we need to be very precise when we talk about "insurance" and "legal costs".
An employer's EL insurance will cover them against legal costs in connection with
a) a prosecution under H&S legislation and one or two other pieces of law e.g. food safety regs
b) a civil claim for compensation
What it will not cover is any fines that are awarded. A Public Liability policy will provide similar cover to both a) and b) outlined above.
There is also a class of insurance called Legal Expenses that will provide cover for funding either the defence of claims against the policyholder or the policyholder taking action against someone. Many people will take out legal expenses along with their motor policy in order to be able to fund recovery of uninsured costs e.g. if you were hit by another motorist and there were problems recovering your excess.
Not being able to insure against fines and penalties is "against public policy"... it is breaking thp principle that someone who has done something wrong should be punished.
Hope this clarifies matters
Phil
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Posted By SteveD-M
Directors and Officers Liability Insurance cover protects companies’ directors, officers and senior managers against claims arising from their decisions and actions taken whilst managing their business.
The Directors and Officers Liability Insurance Policy will pay on behalf of the Director his legal costs and expenses and any civil damages awarded against him.
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Posted By Ali
The 1969 Act only covers the employer against compensation claims for injuries / illness to employees whilst at work. It doesn't provide cover for claims by the public nor for prosecution costs. It wouldn't cover against fines made under the Food Safety Act 1990 as this is crimimal liability not civil and if a person was poisoned he/she would rightly contact the Env Health who would prosecute if found liable.
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Posted By Phil Grace
Sorry guys - of course the reference to payment of costs in respect to other pieces of legislaton such as the Food Safety Act should have been placed under the comments about PL policies NOT EL!
Opps
Phil
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Posted By Phil Rose
Ummmmm errrrrrrr - not at all convinced that ELI covers the the legal costs in the event of a prosecution!!!!
The purpose of ELI is to insure against the liabilities in the event of an EMPLOYEE being injured or suffering from a disease as the result of their work, to enable the employer to meet the cost of any compensation agreed or awarded.
PLI provides cover for claims made by members of the public or other businesses.
Phil
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