Professional Indemnity & Legal Defence Insurance Policy

Transcription

1 Professional Indemnity & Legal Defence Insurance Policy This summary does not contain the full terms and conditions set out in the policy. A copy of the policy document is available upon request. This insurance is provided by NPA Insurance Ltd to members of the National Pharmacy Association who have paid a full subscription. Questions and answers about the indemnity and defence benefits What are the key benefits? Key Benefits Professional Indemnity Claims arising against you for breach or alleged breach of professional duty. Any person employed or engaged by member, e.g. pharmacists, selfemployed locum pharmacists, dispensing technicians, assistants Public Liability Indemnity against accidental injury to or the death of any person and accidental damage to another person s property. Any person employed or engaged by member in the retail pharmacy business Product Liability Indemnity against accidental injury to or the death of any person and/or accidental damage to another person s property caused directly by the retail sale or supply of products. Limit

2 What are the key benefits? Key Benefits Legal Expenses Defence against prosecution for any offence arising from the conduct of the retail pharmacy business, e.g. Medicines Act; Misuse of Drugs Act; Consumer Protection Act; Health & Safety at Work Act, etc. Any person employed or engaged in the member s retail pharmacy business, provided the offence is not committed against the member Employment Tribunals Legal representation at Employment Tribunals (but not the payment of compensation). The member only Disciplinary Committee Hearings Representation at Fitness to Practice Hearings referral does not follow a criminal prosecution. Any person employed or engaged by member Coroners Inquests (Disciplinary/Health) where Representation at coroners inquest or other fatal accident inquiries. Any person employed or engaged by the member in the retail pharmacy business Limit Costs of each representation at the Disciplinary Committee limited to 5,000 plus VAT. Other Tribunals, e.g. NHS and other Tribunals where representation is deemed necessary and to be in the general interests of NPA Members. only single claim

3 Wholesale Operations extension (Optional ) Cover for Professional Indemnity, Product Liability and Public Liability for medicinal products sold or supplied by wholesale within the UK and territorial limits only. single claim Levels of cover: 1. Pharmacy Premises to pharmacy and/or other healthcare professionals. 2. Separate premises/warehouse selling to other pharmacies/ and/or other healthcare professionals. 3. Separate premises/warehouse selling to other pharmacies/ and/or other healthcare professionals including repackaging and/or relabeling of a product. 4. Separate premises/warehouse selling to other pharmacies/ and/or other healthcare professionals including repackaging and/or relabeling of a product including cold chain distribution. Key Exclusions 1. The manufacturing or mixing of drugs will be excluded from the policy. 2. The wholesaling of unlicensed medicinal products as well as non pharmacy products. 3. The export of drugs/ pharmacy products to outside of UK. 4. The export of drugs or import from North America. 5. Employer s Liability Non Cosmetic nail care (Optional) Cover for nail care service by a person or persons employed by you whose name has been provided to us in writing prior to the commencement of cover under this endorsement and who has undertaken and has a Certificate of Achievement from the course quality assured by the NHS in Nail Care. single claim Named person Key Exclusion Claims or liability arising from Hepatitis Non A or any condition directly or indirectly caused by or associated with Human T Cell Lymphotropic Virus type III (HTLV III) or Lymphadenopathy associated Virus (LAV) or the mutants derivatives or variations thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of a similar kind howsoever it may be named. Phlebotomy Cover for Pharmacists who have completed a phlebotomy course. Optional for Non Pharmacist Individuals who have undertaken and single claim

4 obtained a Certificate of Technical Competency from the course provided by University Hospitals and/or NHS Trust, or similar approved phlebotomy course and that accreditation is continuous and re accreditation takes place every 12 months, are covered under the Standard Membership Subscription. Named Person Key Exclusions Claims or liability arising from Hepatitis Non A or any condition directly or indirectly caused by or associated with Human T Cell Lymphotropic Virus type III (HTLV III) or Lymphadenopathy associated Virus (LAV) or the mutants derivatives or variations thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of a similar kind howsoever it may be named. Independent Prescriber (Optional) Cover for the prescription of drugs by a Pharmacist who has undertaken and passed an approved training course and who is registered with the GPhC of Great Britain (or if situate in Northern Ireland) the Pharmaceutical Society of Northern Ireland as an Independent Prescriber and who is responsible and accountable for the assessment of patients with undiagnosed or diagnosed conditions and for decisions about the clinical management required, including prescribing. It is a condition of this Endorsement that the Independent Prescriber must have prescribed within his or her own area of expertise, in a situation in which he or she was fully competent and using medicines that he or she considered were effective for the patient and the condition being treated. single claim Named Person Internet/Mail Order Pharmacies (Optional) Cover for the operation of pharmacy premises which are distance selling premises. only single claim What are the key benefits? Key Benefits Legal Advice Legal advice on matters connected with NPA member s business or affairs advice will be provided on receipt of a written enquiry and any relevant documentation.

5 only Analysis Analysis of any substance or article which is the subject of a claim, complaint or dispute. only What are the key exclusions or limitations of cover? Please refer to Section 5 of the Policy for full details. Employers Liability Members are not indemnified against claims by employees. Motor Vehicles Claims arising from the use of motor vehicles are excluded. Products The design, planning, formulation or specification of products, with the exception of nostrums. Fraud Where material events involve fraud. How can I contact NPA Insurance Ltd to make a claim? To report an incident that may give rise to a claim under the policy, please contact NPA Insurance Ltd, Mallinson House, St Peter s Street, St Albans, Hertfordshire, AL1 3NP, or telephone Claims Handling Process If anything happens that may give rise to a claim you must tell us as soon as possible, giving your membership name and NPA member number. If a claim is being made against you: do not respond to any claim form, letter, claim or other documentation. send any claim form, letter, claim or other documentation to us without delay. do not admit, repudiate or negotiate any claim. do not ask for help from a solicitor or accountant before we have agreed. What do I do if I want to complain? NPA Insurance Ltd strives to provide its customers with the highest level of service and to ensure that claims are paid promptly and fairly within the terms of the policy. Should you wish to make comments of any kind about our service, please write to: Head of Claims, NPA Insurance Ltd, Mallinson House, St Peter s Street, St Albans, Hertfordshire, AL1 3NP If you are not satisfied with the reply, please write to the Managing Director at the above address. In the unlikely event that you remain dissatisfied, the Financial Ombudsman Service may

6 be prepared to review your complaint in the UK. You can find out more at or by calling Am I entitled to Compensation? We are covered by the Financial Services Compensation Scheme (FSCS), which means that you may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of policy you have and the circumstances of the claim. You can find out more at or by calling The Law The law application to the Policy is English Law. The contract and the relationship between NPA Insurance Ltd and you shall be governed by and interpreted in accordance with English Law. The contract shall be subject to the exclusive jurisdiction of the English Courts. Statutory Status You can check our statutory status on the Financial Conduct Authority s Register at or by contacting the FCA on Our FCA registration number is Termination Rights You may terminate your membership with the National Pharmacy Association at any time by giving notice in writing to the Membership Department at the NPA at St Peter s Street, St Albans, Hertfordshire, AL1 3NP. You will be charged pro rata for the cover provided. If you fail to pay your subscription on its due date the indemnity and defence benefits provided by NPA Insurance Ltd will cease. Language The policy and other documentation are drawn up in the English language. We will communicate with you in English throughout the duration of the policy. NPA Insurance Ltd (64269) is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered Office: Mallinson House, St Peter's Street, St Albans, Herts AL1 3NP NPA PI&LD Summary, (v4)