Whilst companies may look to ensure their products and services are safe and effective, there is always potential for mistakes to occur. Whether it be a damaged product, or an injury, it is vital to ensure adequate insurance cover is in place.

Choosing Levels of Indemnity

In addition to purchasing public/products liability cover, it is important to consider your level of indemnity, meaning the maximum amount of compensation that your insurer will offer you in the event of a claim. Selecting the proper level of indemnity is crucial because this will determine whether or not your organisation is able to meet customers’ needs, maintain financial stability and protect your reputation in a liability dispute.

Consider the following when selecting your level of indemnity:

Products liability considerations

  • Whether or not your products face North American exposures, as this region is likely to produce more (and greater) claims and cover will need to be extended to accommodate.
  • Who designs your products, provides your raw materials, manufactures your products and transports them, as your partner organisations may have a history of liability concerns or lack proper risk management.
  • Whether or not your organisation has proper risk management systems in place, as well as a rigorous programme that tests and checks products for potential faults or damage.
  • Whether or not your policy is sufficient to cover a worst-case scenario compensation claim should your product cause injury or property damage.
  • Whether or not any contracts you have specify that you must possess a minimum level of cover.

Public liability considerations

  • The value of your premises as well as others’ premises where your organisation may work, as more expensive properties will generally require higher indemnity levels.
  • The number of people located in the vicinity of your work-site, as well as those who face the risk of harm on your organisation’s premises, such as customers or members of public. For instance, a business that sees a large amount of customers on their property should consider higher indemnity levels.
  • The requirements made by a contract your organisation agreed to with a client or business partner, as well as any laws or regulations.
  • The nature and proximity of the area surrounding your organisation’s property.
  • Whether or not the nature of your organisation’s activities or services have the potential to cause harm.
  • Whether or not your organisation has any risk management programmes in place to protect against potential public liabilities

In addition, it is important for your organisation to consider that products liability insurance typically establishes an aggregate limit for an entire period of cover, whereas public liability insurance generates an indemnity level for ‘any one occurrence’.

For products liability, this means that if a faulty product affects multiple people and leads to a series of claims, the insurer would pay all claims for that period of cover up to the limit, typically between £1 and £5 million. This contrasts with public liability cover paying out on an ‘any one occurrence’ basis, meaning the insurer would pay up to the limit (at least £2 million) for all claims related to a single occurrence. If another incident occurred during the same period of insurance, the public policy would still pay up to the limit for the second occurrence.

Lastly, be sure to take note of any exclusions or conditions the insurer includes within the policy. Potential exclusions could include liability claims for products exported to certain countries, while possible conditions could include that your organisation keeps appropriate documentation on risk management.

For further advice and guidance please do not hesitate to Contact Us for a no commitment review of your current covers.