GUIDE TO INSURANCE RESPONSIBILITIES. Guide to Insurance Responsibilities

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1 GUIDE TO INSURANCE RESPONSIBILITIES Guide to Insurance Responsibilities 1

2 CONTENTS Introduction 3 1. Buildings Insurance 4 2. Price Matching 6 3. All Risks 7 4. Excess 7 5. Statutory inspections 8 6. Loss of licence 9 7. What you need to insure? Who to Contact with a claim? Example of a claim scenario 13 2

3 INTRODUCTION Having the right insurance cover is key for financial security and peace of mind. However sourcing the right policy can be hugely time consuming. We re committed to making the process as simple as possible, saving you both time and money. The purpose of this leaflet is to give details of the insurance cover that is provided and to explain how we source the best insurance available. Our intention is to achieve a balance of the best cover available at the most cost effective price and we have undertaken extensive research of the insurance marketplace to achieve this. However, if you believe you can improve on the figure we have obtained, we would be happy to match the price of any like-for-like insurance cover quote you provide. I hope you find this explanatory leaflet of use. Chris Jowsey Trading Director Guide to Insurance Responsibilities 3

4 1. BUILDINGS INSURANCE 1.1 What does SP&B Buildings Insurance Cover SP&B insures all property belonging to us for its full reinstatement value, to include the landlords fixtures and fittings and any other contents that we own within the property. The property includes the fabric of the building, walls, gates, fences, hoardings, any outside ancillary buildings, gangways, car parks and services leading to the public mains for which we are responsible. Landlords fixtures and fittings include items such as heating, plumbing, electrical wiring, decorations, the bar counter and the back bar. The reinstatement value is the cost to rebuild the premises, including landlords fixtures and fittings, without any deduction for wear and tear or depreciation. The reinstatement costs are reviewed annually in line with the Building Cost Information Service provided by the Royal Institution of Chartered Surveyors. The reinstatement value is not related to the open market value of the premises, which is a different value based on a number of factors including location, turnover, barrelage and quality of construction. In addition to the rebuilding reinstatement costs, the sum insured allows for any future inflation costs, removal of debris and demolition costs, local authority building requirements and architects, surveyors, engineers, and other necessary professional fees. 1.2 Who pays the premium? The premium for Buildings Insurance cover is payable by you, the lessee, and is based on the cost to SP&B of insuring the property in the insurance market. 1.3 How does SP&B obtain the Best Value quotation? SP&B regularly reviews the insurance coverage it receives with a limited number of insurers who offer the most competitive public house insurance on the market. We do this to achieve excellent policy cover with minimum excess levels and at the lowest premiums possible. Insurance companies quote on a portfolio basis, which means they look at all the claims SP&B has made in the last five years, together with the number of property reinstatements and the addresses of pubs we re ensuring. We also undertake a thorough price matching exercise with internet based sites looking at individual pubs insurance to ensure that portfolio insurance quotes remain more competitive than taking out individual pub policies. Portfolio policies are better on the whole as they do not contain any specific warranties or liabilities commonly found in individual policies. They also achieve lower excess levels than individual policies. Examples of typical warranties/conditions include clauses about deep frying equipment, the insistence on fire resistance safes, maintenance contracts for refrigeration units and Money in Transit procedures. 4

5 2. PRICE MATCHING In order to ensure that you have the most comprehensive cover available, we commit to match any like-for- like insurance quote you obtain. The table opposite itemises the key elements covered in our policy. We have rated our policy against the portfolio reinstatement value, giving an average rating of % based on the sum insured per pub. When compared to other policies reviewed on the internet using compare the market.com. the best alternative rating that could be achieved was 0.17% applied to the sum insured per pub. (Please note these percentage figures are used by professional advisors when comparing policies, so we have included to help assist them). As a result of our research, we are confident that we have sourced the most competitive and comprehensive cover available on the market. Class of Insurance Policy Extensions Limit GBP Property damage Maximum limit any one location 6,000,000 Capital additions 5,000,000 Changing locks 50,000 Buildings in the course of construction (existing premises only) 1,500,000 Fire extinguishing expenses 250,000 Computer records 50,000 Trace and access 5,000 Leasehold contingency 2,500,000 Leasehold contingency 250,000 Business interruption Property damage and business interruption combined Disease, food poisoning, murder or suicide 500,000 Restriction of access 1,000,000 New acquisitions 5,000,000 Loss of liquor licence 1,000,000 Pressure explosion or collapse 1,000,000 Guide to Insurance Responsibilities 5

6 3. ALL RISKS COVER 4. EXCESS 3.1 What are the Risks Insured? The policy includes an All Risks cover. This includes physical loss or damage to property caused by perils including storms, flood, fire, impact damage, landslip and subsidence. Specific exclusions to the cover relate to storm damage to fences, gates and moveable property in the open; wear and tear; electrical or mechanical breakdown; gradual deterioration; depreciation; vermin; insects; fungus; atmospheric or climatic conditions. Please note that a compulsory excess of 250 for all risks excluding fire and lighting is currently imposed by the Insurance Market and applies to this policy. In the event of a claim from one of these risks you will be responsible for paying the first 250. This 250 excess may be altered by insurers in the future. This revised amount will be your responsibility. We can provide confirmation of cover letters and/or a summary of the policy conditions on request. 6

7 5. STATUTORY INSPECTIONS UNDERTAKEN 6. LOSS OF LICENCE INSURANCE SP&B arranges for the electrical wiring installation and apparatus to be inspected in accordance with the requirements of the Electricity at Work Regulations The only exceptions are if you are on a fully repairing lease and have requested that certain supplier contracts are excluded. In respect of property, other than certain pubs occupied by lessees on a fully repairing basis where the lessees have requested specific supplier contracts be excluded, the company has the electrical wiring installation and apparatus inspected to meet the requirements of the Electricity at Work Regulations The purpose of these inspections is to detect, at an early stage, any defects which may give rise to a dangerous hazard which could affect the safety of you, your family, staff and customers. Electrical faults are a major cause of fires, and inspections minimise the risk of damage to property and interruption of business. In addition, inspections are carried out as a legal requirement on other items such as playground equipment, lifts, hoists and lifting tackle. The purpose is to prevent accidents and therefore injury as well as to ensure minimum disruption to your business. It is your responsibility to provide reasonable access for these inspections. SP&B insures its financial interest in the event of the licence for the premises being lost or suspended. Guide to Insurance Responsibilities 7

8 ? 7. WHAT YOU NEED TO INSURE You need to refer to your tenancy, lease or franchise agreement to ascertain what items are your responsibility to insure. Below is an indication of the type of insurance cover you will need to arrange. This list is not comprehensive and you should at all times look at your lease agreement to obtain the detail of the insurance you require. Public and Products Liability Insurance in respect of legal liability for injury/death and loss/damage to third party persons and property for a minimum limit of indemnity referred to in your Lease. Employers Liability Insurance relating to your legal liability for injury to your employees with a 5m minimum indemnity limit. Plate Glass Insurance for glass on the premises including decorative & engraved glass. All Risks Insurance covering lessee s fixtures and fittings and contents including stock. Business Interruption insurance resulting from your inability to trade or interruption to trade as the result of an insured risk. The indemnity period selected depends on the rebuilding period, taking into account the size and construction of the premises, but a period of one to two years is appropriate for most premises. Theft Insurance to include loss of money. Loss of Licence insurance to cover a reduction in your financial interest as a result of the revocation of the licence or limitation of trading hours. In addition, you are responsible for arranging; Regular periodic testing of portable electrical appliances. Crime Insurance in respect of the fraud or dishonesty of employees. Freezer Contents Insurance. Insurance for your own personal effects Personal Accident Insurance providing benefit in the event of death or personal injury through accidental causes. Notifying SP&B With regard to all commercially insurances that you have put in place, we ask that you notify SP&B in writing about any loss or premium payment default. So that we are notified in the event of a loss or premium payment default. The address to write to is: Mike Pope, Star Pubs & Bars, 2 4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ If requested to do so you should provide SP&B with details of your public and employers liability insurance cover each time you renew or change the terms of your policy. These details should include: Name of insurance provider Policy number Renewal date Limit of liability You should ensure your policy notes a general interest of Star Pubs & Bars within the policy. 8

9 8. WHO TO CONTACT IF YOU HAVE A CLAIM? In the event of loss or damage to buildings, including landlords fixtures and fittings and plant, machinery, furnishings and all other contents belonging to SP&B you must report the incident immediately to your SP&B Property Manager to enable us/the insurers to assess whether or not a claim is appropriate. In the event of a claim being possible you must provide every assistance to enable the claim to be pursued. With claims relating to insurance you have arranged (examples of what you are required to insure are set out in the section headed What You Need to Insure ) must immediately advise their insurers/ insurance advisor of any loss which may give rise to a claim. In addition, you must report the incident to your SP&B Property Manager. In the event of serious injury or death to any customer, member of staff, you or your family, arising in or about the premises you (or your nominee) must, in addition to advising your own insurers, also advise your Business Development Manager and Property Manager. These would include: Death. Major injury such as: a fracture, other than fingers or toes; chemical burn to the eye; electric shock leading to unconsciousness or chemical asphyxia. Any injury resulting in seven or more days off work. An injury to a member of the public which results in them being taken to hospital. Dangerous Occurrences The incident reporting centre is available on Further details on Furthermore certain incidents will be reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 Guide to Insurance Responsibilities 9

10 9. EXAMPLE OF A CLAIM SCENARIO As claims are rarely similar, you are required to report, all contributory circumstances by phone and in writing to the Property Manager and to your own business insurers regarding their responsibility for loss and/or damage. 9.1 Example A Burst Pipe A water pipe bursts under the floorboards on the first floor above the bar area resulting in a flood through the bar ceiling during trading. As a result the following occurs: The ceiling drops injuring a customer and a member of staff. The customers have to be evacuated and premises closed. In addition to the need to replace the ceiling, your contents are damaged. These include. carpet, tables, chairs, stock, the freezer motor and freezer stock. In addition, the bar counter is warped, the floor covering which has been stuck down behind the bar has lifted through water damage and the bar needs redecorating. 9.2 Action This incident impacts on both your and SP&B s insuring responsibilities. The first immediate step is to turn the water off or summon the appropriate assistance to do so. Thereafter, as soon as practically possible you must advise the Property Manager and your own insurers or insurance advisors. The next actions will be driven by the appropriate Loss Adjuster(s) acting for the various insurers or, in the event of small loss, the information sought by the insurers. The injured customer may appoint a solicitor and make a claim against you, based on negligence i.e. legal liability. Depending of the extent of the injuries sustained the incident may also be reportable under the Reporting of Injuries, Diseases Occurrences Regulations (RIDDOR) as set out in Section 5. You should ensure the letter is passed to your Public Liability insurers with a copy to your Business Development Manager. The insurers will deal with the matter from them on. The same course of action should be taken with the claim which may follow as a result of the injury to the employee. If you have put in place Personal Accident insurance on behalf of your employees, details of the absence and injury need to be submitted to the Personal Accident insurers to establish whether any automatic benefit is payable. As the premises have been closed, a loss of turnover will result. You will need to pursue a Business Interruption Insurance Claim. The insurance responsibility for damaged items is as follows: SP&B Ceiling repairs Redecoration Bar counter repaired/replaced Stuck down floor covering The Lessee Carpeting Tables Chairs Stock Freezer and contents Excesses SP&B insurance excess will currently be 250. Your own insurances will itemise what excesses apply to which policy. 10

11 Guide to Insurance Responsibilities 11

12 Star Pubs & Bars Limited 3 4 Broadway Park South Gyle Edinburgh EH12 9JZ

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