British Chiropractic Association Indemnity Insurance Policy Summary

Transcription

1 British Chiropractic Association Indemnity Insurance Policy Summary This document provides you with a summary of the significant features, benefits, limitations and exclusions of the cover provided by Insurers to members of the British Chiropractic Association (BCA). As such it does not contain the full terms and conditions, which can be found in the Policy Wording. This summary is not part of the Policy Wording. Insurer W. R. Berkley Insurance (Europe), Limited Type of Insurance This product is offered to British Chiropractic Association Members and is an annual contract that may be renewed at expiry of a period of insurance subject to our terms and conditions and your needs, as discussed and agreed. This policy is only suitable for individual practitioners, not corporate entities or partnerships Significant Features & Benefits and Significant Exclusions or Limitations The following table shows the main policy features and benefits and any significant exclusions and limitations. The limits of indemnity and any excess which are to apply will be shown in your policy Schedule. Section Significant Features & Benefits Significant Exclusions or Limitations (to apply to all sections) 1.1. Medical Malpractice & Professional Indemnity Provides an indemnity for the legal liability incurred following a breach of professional duty in the exercise and conduct of professional services undertaken or which should have been undertaken in the exercise and conduct of your business, as declared on your proposal form. Extended to cover Good Samaritans Acts 1.2 Legal Defence Costs Provides an indemnity for defence costs in connection with a claim or circumstance made under Section 1.1 of the policy, as described above. Including:- GCC Disciplinary Proceedings Costs covered under Section only; Costs at a Coroners Inquest arising out of the death of a client, covered under Section 1.1 of the policy Excluding any claim or circumstance:- known about prior to inception of the policy; arising from work undertaken outside of the geographical limits the UK, the Channel Islands and the Isle of Man arising from risks that require more specific insurance i.e. Motor, Marine; appeal costs following any judgement following a hearing by a regulatory body; liability arising from employment for Injury to employees except where the employee is a patient; arising from loss of or damage to property in your custody or control; arising from any condition directly or indirectly caused by HIV or related to AIDS or CJD; arising from sexual contact, intimacy, harassment or exploitation; arising from work undertaken under the influence of intoxicants or narcotics; arising from the ownership, management or control of a training establishment or school; arising from medical activities including surgical interventions, prescribing of medicines, that of a GP of dentist, nurse or midwife; arising from fraud, dishonesty, criminal or malicious act; arising from contractual liability unless the liability would have been incurred without the contract; in respect of fines, penalties, punitive, multiple or exemplary damages; in respect of costs and expenses of recall, repair, replacement of defective products; App D

2 2.1 Libel and Slander Provides cover for damages against you for which you are legally liable for libel and slander without malicious intent. 2.2.Loss of or Damage to Documents 2.3. Treatment of Animals 2.4..Death and Permanent Retirement Extension 2.5.Sexual Conduct Extension Endorsement 2.6.Temporary Overseas Travel Extension Provides an extension to the indemnity, up to a maximum limit of indemnity of 100,000 in the annual aggregate for legal liability, if you discover that any documents in connection with your business as a Chiropractor are lost or damaged. Provides an extension to Section1.1.1 of the wording covering you to treat animals, up to a maximum limit of indemnity of 100,000 in the annual aggregate and with and excess of 1,000 each and every claim. Provides an extension to the Policy Period for an unlimited period of time in the event of the you (the Insured) dying or permanently retiring from practice, as long as you have not been debarred from membership at the time of such retirement or death This provides cover for reimbursement of legal defence costs of up to 100,000 in the annual aggregate in the event that you are found not guilty in a UK court of Law or where there is no case to answer at disciplinary proceedings. Extends the Geographical Limits of the policy to anywhere in the world (excl USA/Canada) for temporary work overseas for a maximum of 30 days in connection with the Insured Business and with Insurers prior approval. arising from from proceedings instituted in USA or Canada or any territories or jurisdiction of same; the documents confiscated or nationalisation of or damage to under the order of any Government; in respect of bloodstock which applies to horses; as a result of alleged Libel or Slander in any publication by communication to the media; as a result of Libel or Slander against professional or business competitors; arising from any infringement of the Data Protection Act 1984; brought against the Insured by any other Member of the British Chiropractic Association; as a result of a CHRE review and any decision consequent to this. arising from trading losses or liabilities arising from being a director, officer of trustee or from the acceptance of any directorship, trusteeship in any other company arising from any unlawful detention in breach of the Mental Health Act 1983, the Human Rights Act 1998 or common law or re-enactment; arising from the failure to arrange insurance or maintain insurance and or finance arising from acting in the capacity of trustee, fiduciary or administrator of any employer sponsored pension or superannuation scheme or programme; in respect of any entity where you have a controlling interest or any entity that has a controlling interest over you by virtue of a financial or executive interest; arising from acts of war and terrorism nuclear risks, including but not limited to radiation, toxic nuclear assembly; arising from pollution; arising from asbestos; where you are entitled to indemnity under any other insurance; in respect of the sale or supply, the failure of a any programme or dates or any business conducted by you on the internet, web site or similar; other specific exclusions or limitations may be apply and cover is more fully qualified and detailed in the Policy Wording General: It is a Condition of the Policy that if there are any changes to your occupation or business activities or any other circumstances whereby the risk is increased you must inform your brokers immediately. Failure to do so could invalidate the policy or result in a claim being repudiated. Conditions that are Precedent to Insurers Liability The Conditions listed below have particular significance since failure to adhere to those summarised, may entitle us to refuse to deal with any claim or circumstance:- You must inform Insurers of the date of permanent retirement and of your wish to invoke the Permanent Retirement extension (Section 2.4 of the policy). Notification of claims must be made in writing within 7 working days from receipt of a Letter Of Claim against you. All other claims and circumstances that might lead to a claim, must be notified as soon as practicable, but no later than expiry of the policy period. You must not admit liability or do or say anything that might be construed as admitting liability without our permission App D

3 British Chiropractic Association Personal Accident Cover Policy Summary This document provides you with a summary of the significant features, benefits, limitations and exclusions of the cover provided by the W. R. Berkley Group Personal Accident policy arranged for members of the British Chiropractic Association (BCA). As such it does not contain the full terms and conditions, which can be found in the Policy Wording. This summary is not part of the Policy Wording. Insurers W. R. Berkley Insurance (Europe), Limited Type of Insurance This is an annual contract that may be renewed at expiry of a period of insurance subject to an Insured s needs and our terms and conditions. The policy is written in the name of the Insured (the BCA) and covers the Insured Persons defined in the Schedule (All Registered Members of the British Chiropractic Association): The following table shows the main policy features and benefits and any significant exclusions and limitations. Significant Features & Benefits and Significant Exclusions or Limitations The Schedule sets out the type of cover, scope of cover, the sums insured and the excesses which are to apply. No benefits will be provided for those items shown as NOT Operative in the Schedule. Section A Personal Accident Provides financial protection following accidental Bodily Injury that within 24 months of the date of such accident results in the death or disablement of an Insured Person. Benefits are paid to the Insured. Significant Features & Benefits Significant or Unusual Exclusions or Limitations Policy Reference Cover applies 24 hours per day and provides the following specific benefits: A.1 Accidental Death A.2 Loss of Limb, Loss of Sight, Loss of Speech or Loss of Hearing in both ears Loss of Hearing in one ear A.3 Permanent Total Disablement Medical Expenses in connection with a valid claim under Items A.1 A.3 up to 10,000 General Significant or Unusual Exclusions or Limitations The following will be shown in the Schedule as applicable: Maximum Benefit Any One Person Section A - Exclusions Committing a criminal act Taking part in civil commotion or riot Suicide, attempted suicide or intentional self injury Taking drugs, solvent abuse or alcoholism Military services (other than UK volunteer reserve force) Air travel other than as a passenger in a licensed passenger aircraft operated by a licensed commercial air carrier War in the United Kingdom or Country of Domicile Sickness or disease (not resulting from Bodily Injury) or any gradually operating cause 2.(a) Insuring Clause 3. General Definitions 6.(a) Cover 6.(b) Definitions 6.(c) Extensions 6.(d) Conditions 6 (e) Exclusions Policy Reference Upper age limit 75 years of age Discharge or explosion employing nuclear fission or fusion, chemical, biological, radioactive or similar agents Radioactive contamination 1. Introduction 2. (a) Insuring Clause 3. General Definitions 4. General Conditions 5. General Exclusions

4 British Chiropractic Association Indemnity Insurance Policy Summary This document provides you with a summary of the significant features, benefits, limitations and exclusions of the cover provided by Insurers to members of the British Chiropractic Association (BCA). As such it does not contain the full terms and conditions, which can be found in the Policy Wording. This summary is not part of the Policy Wording. Insurer W. R. Berkley Insurance (Europe), Limited Type of Insurance This product is offered to British Chiropractic Association Members and is an annual contract that may be renewed at expiry of a period of insurance subject to our terms and conditions and your needs, as discussed and agreed. This policy is only suitable for individual practitioners, not corporate entities or partnerships Significant Features & Benefits and Significant Exclusions or Limitations The following table shows the main policy features and benefits and any significant exclusions and limitations. The limits of indemnity and any excess which are to apply will be shown in your policy Schedule. Section Significant Features & Benefits Significant Exclusions or Limitations Public Liability Products Liability App D Provides an indemnity for the legal liability for accidental injury to members of the public or accidental damage to their property when attending your premises for treatment Including non manual temporary visits outside the Territorial Limits if such person is ordinarily resident in the Territorial Limits Provides an indemnity for the legal liability for accidental injury to members of the public or accidental damage to property resulting from products used or supplied in connection with the treatment provided Consumer Protection Act defence costs Excluding any accidental bodily injury or damage to property :- All Sections known about prior to inception of the policy; arising from Radioactive Contamination arising from War and Similar Risks ; arising from Asbestos arising from Pollution or Contamination unless caused by a sudden identifiable unintended and unexpected incident arising from Advice for a Fee any action for Compensation commenced in any court situated in any country within the Territorial Limits Public Liability Only arising from Injury to employees except where the employee is a patient; arising from loss of or damage to property in your custody or control; arising from ownership possession or operation of airlines,aircraft,aerodromes,hovercraft, watercraft or mechanically propelled vehicle where compulsory insurance is required ; arising from Contractual Liability unless the sole conduct and control of claims is vested in the Insurer Products Liability Only arising out of the costs of recall, repair, replacement of defective Products arising from Products Supplied whilst in the custody or in the control of the Insured arising from any Product Supplied for use in any aircraft or aero spatial device or in the safety or navigation of marine craft of any sort arising from any Product Supplied which to the knowledge of the Insured is for use in or supply to the United States of America or Canada other specific exclusions or limitations may be apply and cover is more fully qualified and detailed in the Policy Wording

5 Legal Solutions Policy British Chiropractic Association Members High Court Representation Fatal Accident Inquest Representation Tax Enquiry Cover Legal, Tax and Counselling Helplines Please read this Policy carefully to familiarise yourself with the terms and conditions, as well as the The claim reporting procedures Legal, tax and counselling helplines If you are unsure about anything in this document please contact Lloyd & Whyte. Policy No. BCA BCA11/11 KB Page 1

6 Summary Pages 2 to 3 contain a summary of this insurance contract. Please refer to page 4 of this policy document for full terms and conditions What is covered by this Policy? This policy is a cost effective insurance product that will help protect you should you face prosecution, need representation to appeal to the High Court following a decision by the General Chiropractic Council or require representation at an inquest or fatal enquiry. These legal issues can be complex and sometimes difficult to resolve, but with this policy you will have peace of mind knowing that we are with you every step of the way, by removing the financial burden that stressful legal situations can bring. This policy is designed to help in a number of situations including: Defending your legal rights prior to being charged by the police or Health & Safety Executive. Defending civil actions against you on grounds of sex, race, disability, sexual orientation, age, religious belief or political opinion. Defending your legal rights following civil action taken against you following wrongful arrest in respect of an accusation of theft Representation to appeal against the terms of a Statutory Notice or to appeal to the Information Commissioner following refusal to registration application Representation to the High Court following a decision made by the General Chiropractic Council Representation at an inquest of a fatal enquiry where you may be implicated in the death of a patient Our claims staff, and those appointed on your behalf, will be available to answer your questions, by telephone or e mail, to provide you the reassurance you need at what can be a very difficult time. When a claim does occur, we will appoint a solicitor, or another professional with the expertise in the area of law that matches your problem; this being a key component to providing maximum impact at outset. We also give you access to : Legal helpline to provide advice on any legal or tax matter call Confidential counselling to provide support on any matter causing anxiety or upset call Legal Document Max, our legal document service for the downloading of legal documents relating to your business. Simply log on to and input the voucher code as follows : X1232K1B74D2 Additionally, we can also help you find the right solicitor, even if the matter is not covered by this Policy. Note : Please give the following Policy Number when contacting Helplines : BCA BCA11/11 KB Page 2