Chapter 2: Insurance Products - Types (F203 Appx. 2) Flashcards
Liability insurance
Provides INDEMNITY where the insured,
… owing to some form of tort,
… is legally liable to pay compensation to a third party.
Tort
A civil wrong or injury,
… not arising out of any contract,
for which action for damages may be sought.
Liability insurance claims are usually made on 2 bases:
- breach of contract
- negligence.
8 Main types of liability insurance
- Employers’ liability / workers’ compensation
- Motor third party liability
- Marine and aviation liability
- Public liability
- Product liability
- Professional indemnity and errors and omissions (E&O) liability
- Directors’ and Officers’ (D&O) liability
- environmental liability and pollution liability
Benefits under any liability insurance
An amount to indemnify the policyholder fully against a financial loss.
However, subject to any statutory requirements, this benefit may be restricted by:
- a maximum indemnity per claim (the sum insured) or an aggregate maximum per year
- a maximum indemnity per event (this may involve more than one claim)
- an excess
Any legal expenses relating to such liability are usually also covered.
An illegal act of negligence will often invalidate the cover.
Employers’ Liability
Indemnifies the insured against legal liability to compensate an employee or his or her estate for bodily injury, disease or death suffered, owing to negligence of the employer, in the course of employment.
Loss of - or damage to employees’ property is usually also covered.
When might employers be liable
If they are negligent in providing their employees with safe working conditions.
If failing to
- provide a proper working place with proper equipment in which the employee can work
- properly maintain the working place as well as the tools and equipment
- create and enforce proper working procedures and methods
The benefit of employers’ liability insurance
Can be in the form of regular payments to compensate for disabilities that reduce the employee’s ability to work, lump sum payments to compensate for permanent injuries to the employee and benefits under the legal framework.
Legal costs will also be covered.
Other costs such as care costs can also be included.
Compulsory cover
In many countries, cover is compulsory and may sometimes be provided by State funds to which employers contribute (eg The compensation for Occupational Injuries and Diseases Act, 1993 in South Africa)
Motor third party liability
The insurance indemnifies the owner of a motor vehicle against compensation payable to third parties for personal injury or damage to their property.
Motor third party liability:
Possible “heads of damages”
- loss of income (often split between loss of past income and loss of future income, with each considered separately)
- medical and nursing costs (including hospital costs)
- compensation for pain and suffering
Motor third party liability
Compulsory cover
In most countries, such cover is compulsory, although precise rules vary - for example the amount of cover required.
Motor third party liability:
Compulsory cover in South Africa
In SA, motor liability insurance is not compulsory, unless the car has been bought on credit, in which case comprehensive insurance is compulsory (a condition set by the lending bank).
Marine and aviation liability insurance
The insured is indemnified against the legal liability to compensate a third party for bodily injury, death or damage to property arising out of operation of the vessel or aircraft.
Public liability insurance
The insured is indemnified against legal liability for the death of or bodily injury to a third party or for damage to property belonging to a third party, other than those liabilities covered by other liability insurance.
Public liability insurance:
2 Main types of cover
- the risk at insured’s own premises
- the risk when work is carried out by the insured away from their own premises
Product liability insurance
Indemnifies the insured against legal liability for the death of or bodily injury to a 3rd party, or for damage to property belonging to a 3rd party, that results from a product fault.
The policy usually also covers legal costs.
Some policies will include the cost of recalling faulty products that have not actually caused damage.
Professional indemnity insurance
Indemnifies the insured against legal liability for losses resulting from negligence in the provision of a service, for example unsatisfactory medical treatment or incorrect advice from an actuary or solicitor.
Directors’ and Officers’ Liability insurance
Indemnifies the insured against the legal liability to compensate third parties owing to any wrongful act of the insured in his or her capacity as a director or officer of a company.
Directors’ and Officers’ Liability insurance:
Compulsory cover
Holding professional indemnity insurance is often a legal or regulatory condition of being allowed to practise a profession or may be imposed as a condition by a professional body.
Environmental liability insurance
The insured is indemnified against the legal liability to compensate third parties as a result of bodily injury, death and damage to property as a result of unintentional pollution for which the insured is deemed responsible.
The costs of cleaning up the pollution and regulatory fines may also be covered.
Gradual and sudden environmental pollution will generally both be covered.
Employers’ liability:
3 groups of insured perils
- accidents caused by the negligence of the employer or by other employees
- exposure to harmful substances
- exposure to harmful working conditions
Motor third party liability:
2 categories of perils
- loss or damage to the property of third parties caused by the insured vehicle
- bodily injury and death of third parties caused by the insured vehicle.
Marine and aviation liability:
4 categories of perils
- loss of or damage to passengers’ property, including luggage
- bodily injury and death of passengers either while on board the vessel or aircraft or when boarding or leaving the aircraft.
- bodily injury caused by the vessel or aircraft
- damage to property caused by the vessel or aircraft