What is a Professional Indemnity Insurance Specialist Supplier Policy?

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Cecilia Allen
3 years ago
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1 We are cemented by trust Professional Indemnity Insurance Specialist Supplier Policy EXCLUSIVELY FOR MEMBERS OF THE SOUTHERN AFRICAN READY MIX ASSOCIATION ( SARMA ). Suretimes Insurance Administrators (PTY)LTD is a Licensed Financial Services Provider. License Number 1962

2 What is a Professional Indemnity Insurance Specialist Supplier Policy? In a nutshell this is an Errors & Omissions insurance that is needed if your product has the potential to cause a third party financial loss even without causing bodily injury or property damage or Your product causes bodily injury or property damage to third parties. Errors = Mistakes, Faults, Blunders, Inaccuracies, Miscalculations, Oversights Omissions= Oversights, Lapses, Errors, Blunders, Slips

3 Why do you need this cover? The cover provided in the SARMA Specialist Supplier policy is broader than that of Products Liability and includes Rip and tear cover SARMA Specialist Supplier policy is an often underconsidered exposure for the Ready-mix industry, thinking I won t have a claim for that. However, a rise in the cost of litigation due to product and service disputes is now forcing Readymix suppliers to rethink their insurance requirements

So why are we seeing an increase in lawsuits? More and more customers are willing to sue longestablished business partners for performance and service failure problems.

4 So why are we seeing an increase in lawsuits? More and more customers are willing to sue longestablished business partners for performance and service failure problems. Increases in the average size and length of contracts raise the risk of litigation, which a performance or service failure may be worth the fight and results in a large award, or bully tactics forcing the ready-mix supplier to pay or else? As market competition continues to increase, there is a greater chance that marketing and sales pressures will invite over-promising of supplier capabilities.

5 Does my company need the SARMA Specialist Supplier policy insurance? Liability claims arising from bodily injury or property damage are the first thing we think of when considering a Ready-mix companies exposure to risk but what if a product fails to perform as warranted resulting in financial loss to the customer without causing bodily injury or property damage? Many Ready mix manufacturers and Concrete suppliers are exposed to this very risk. Often they believe that they have coverage for it under a commercial general liability (CGL) policy with products liability but that is not the case. The SARMA Specialist Supplier policy insurance is needed if your product has the potential to cause a third party financial loss without causing bodily injury or property damage.

6 SO HOW IS A CLAIMED TRIGGERED? THE INSURING CLAUSES IN A NUTSHELL MAKES THIS A BESPOKE POLICY The Insurers will protect and cover the SARMA member on payment of a premium against claims made during the Period of Insurance in terms of conditions of the policy : Section 1- The Professional Duties and Activities of a SARMA Readymix member for Loss of or Damage of any defect in the supplied Ready-Mix. and is discovered prior to the issue of any Practical Completion or take over certificate

7 SO HOW IS A CLAIMED TRIGGERED? THIS IS A BESPOKE Claims Made Policy for Defective Ready-Mix Section 2 - Any claim for which the SARMA Member shall become Legally Liable to pay compensation arising from a negligent breach of Professional Duty or Activity owed by the Ready-Mix company

8 WHAT ARE PROFESIONAL DUTIES? Professional Duties wherever used in this Bespoke Policy, Professional Duties shall mean the Performance by the SARMA Member in accordance with statutory regulations and all codes of practice of SARMA and in connection with the Contract which the SARMA Member is undertaking.

9 WHO ARE THESE SARMA PROFESIONALS? All Specialist Consultants, Technicians or Inspectors as would be normally appointed by the SARMA Member Advice given in the promotion of Ready-Mix products by the SARMA Member Cover is available to all the employees of SARMA members who are under the direct supervision of suitably qualified employees holding a recognized University or Technical Qualification in building and/or civil engineering or construction materials technology with at least 3 years relevant experience or A Batcher duly accredited by SARMA or Any other appropriate training academy or a technical representative having a minimum of 10 years appropriate supervisory experience in the relevant field or activities of the Insured.

10 WHAT DOES LOSS MEAN? Loss: shall mean, actual expenses including re-design and replacement that are reasonably and necessarily incurred in rectifying or repairing any fault, deficiency, shortcoming or defect which arises out of the Professional Duties and Activities undertaken by the SARMA Member.

11 SHOULD THE SARMA MEMBER HAVE A POSSIBLE CLAIM, WHAT THEN? The Insurers will pay at cost any expenses incurred by the SARMA Member (with the prior approval of the insurer, which approval will not be unreasonably with held) in order to assist with the investigations, defence or settlement of any claim made against the SARMA Member and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the SARMA Member

12 WHAT ELSE IS INCLUDED? *SPECIAL SARMA BESPOKE GENERAL EXTENSIONS Insured s Own Plant Mechanical Breakdown Extension The cover provided under this extension is to include the costs of repair or replacement of Ready-Mix supplied under a specific order which is rendered defective or not fit for purpose due to an interruption of the supply of Ready-Mix caused by a mechanical failure of the SARMA Members batching plant which prevents the completion of a continuous pour to a particular structure for which the concrete was ordered. For the purposes of this Extension the term Batching Plant shall be deemed to include the mechanical loading equipment. This indemnity shall only be provided upon the SARMA Member proving to the satisfaction of the Insurer that the interruption was due to a sudden and unforeseen mechanical failure of the batching plant (but not due to the failure of the primary electrical and/or water supply to the batching plant) and that all reasonable action was taken by the SARMA Member during the interruption period to mitigate its loss. (NOTE: if included in the Schedule and in respect of which premium has been paid)

13 WHAT ELSE IS INCLUDED? GENERAL EXTENSIONS Notification Extension Clause Events that give rise to valid claims may occur at any time between commencement Date and the end of the Period of Insurance, expiry date. Should a SARMA Member notify the Insurer during the Period of Insurance of any Specific Event or circumstance which Insurers accept may give rise to a claim or claims then the Insurers will deal with such claim or claims which may later arise as if they had first been made against the Insured during the Period of Insurance The Notification Extension Clause is limited to a maximum of 12 months (NOTE: if included in the Schedule and in respect of which premium has been paid)

14 WHAT ELSE IS INCLUDED? GENERAL EXTENSIONS Consequential loss It is common for construction contracts to limit indemnities to direct loss (and to exclude consequential loss) and for exclusion clauses to seek to limit or exclude liability for consequential or indirect loss. This extension is applied when the Employer or Contractor have not excluded consequential or indirect loss and a 3 rd Party suffers an indirect loss, such as lost profits and expenses incurred through breach. Liability Following Employee Dishonesty Claims arising out of any dishonest, criminal or malicious act or omission, or any act or omission in violation of any law or ordinance, committed by or on behalf of any SARMA Member Employee (not being a Director, Partner or Principal) no cover shall be granted in respect of claims which are incurred or insurable under a Fidelity Guarantee Policy of Insurance (NOTE: if included in the Schedule and in respect of which premium has been paid)

WHAT IS AN INDEMNITY LIMIT? Put simply, an indemnity limit is the maximum amount that an insurer will pay out for any one claim or the total of claims within any one policy year.

15 WHAT IS AN INDEMNITY LIMIT? Put simply, an indemnity limit is the maximum amount that an insurer will pay out for any one claim or the total of claims within any one policy year. The Maximum cover per claim or series of claims to SARMA Members is either R5 Million or R10 Million (as selected). The cover includes all costs, interest thereon, all claimants costs, fees and expenses and Defence costs as defined within the limit of indemnity

16 TRUST IS RARE, IT IS SPECIAL AND IN GREAT DEMAND Nothing happens in business if trust does not exist. We appoint people, we buy plant and machinery, we buy product all based on trust. We believe that the products, man and machine will perform in accordance with their purpose and our expectations. We start business projects with people, plant and machinery based on trust and we believe that if every person, product and plant delivers on the project then this will be a success. TRUST = SHORT WORD, HUGE IMPACT

17 We are cemented by trust This presentation is an educational guideline only, does not constitute advice and is not for legal use

Professional Indemnity Insurance Specialist Supplier Presentation

Bespoke Ready-Mix insurance Professional Indemnity Insurance Specialist Supplier Presentation EXCLUSIVE FOR MEMBERS OF THE SOUTHERN AFRICAN READY MIX ASSOCIATION ("SARMA") So what is a Professional Indemnity