We have recently seen a client, who is looked after by a superficially reputable national broker, sold a policy that we would consider unacceptable in its terms.

Our audit's findings relate to the following clauses covering the Employers and Public Liability sections of the policy.

“HSE RECOMMENDATIONS CONDITION

It shall be a condition precedent to ALL Liability Sections that the Insured shall ensure that they and their Employees, and any third parties acting on the Insured's behalf, comply with all applicable statutory requirements, and Health & Safety Executive (HSE) regulations, approved codes of practice, recommendations and guidance, or those of any equivalent bodies in Northern Ireland, the Channel Islands or the Isle of Man, applicable to the operations and processes conducted in connection with the Business”

In the event of a serious injury taking place the client will have to demonstrate compliance with a moving target of HSE guidance delivered via website which changes daily.

“PERSONAL PROTECTIVE CONDITION

The policy also required suitable PPE, maintained in working order, employees trained in its use, signed off and a disciplinary regime in place for non compliance”

We believe insurance is there for the times when accidents happen and processes fail, however in this case:-

The largest claim for personal injury in the UK is £15m - a business does not need to be fighting these claims by itself or employing a solicitor to get its claim paid by the insurer.

Castlemead Insurance Brokers offer an audit to customers who have concerns over their small print.