Chapter 2: Insurance products - types Flashcards
(145 cards)
Liability insurance
Provides indemnity where the insured, owing to some form of tort, is legally liable to pay compensation to a third party
Tort
A legal term to mean a civil wrong or injury, not arising out of any contract, for which actions to damages may be sought.
Those that conduct such wrongs are known as tortfeasors.
Different bases on which liability claims are made
- on the basis of some breach of contract between injured party and responsible party
- on the basis of negligence
Main types of liability insurance
- Employers’ liability/workers’ compensation
- motor third party liability
- marine and aviation liability
- public liability
- product liability
- professional indemnity and errors and omissions (E&O) liability
- Directors’ and Officers’ (D&O) liability
- environmental liability and pollution liability
Basic benefit under liability insurance
An amount to indemnify the policyholder fully against a financial loss
Subject to any statutory requirements, this benefit may be restricted by:
- maximum indemnity per claim (sum insured) or an aggregate maximum per year
- maximum indemnity per event (may involve more than one claim)
- an excess
Any legal expenses relating to liability are usually also covered
An illegal act of negligence will invalidate the cover
Employers’ liability
Indemnies the insured against the legal liability to compensate an employee or his/her estate for bodily injury, disease or death suffered, owing to negligence of the employer, in the course of employment.
Loss of/damage to employees’ property is also usually covered.
When are employers liable under employers’ liability?
If they are negligent in providing their employees with safe working conditions. Generally they are liable if they fail to:
- provide proper working place with proper equipment in which employees can work
- properly maintain the working place as well as the tools and equipment
- create and enforce proper working procedures and methods
Liability insurance
Benefit form
Can be in form of regular payments to compensate for disabilities that reduce the employees’ ability to work, lump sum payments to compensate for permanent injuries to the employee and benefits under the legal framework.
Legal costs will also be covered
Other costs such as care costs can also be included
Liability insurance
Compulsory cover
In many countries, cover is compulsory and may sometimes be provided by State funds to which employees contribute (e.g. The Compensation for Occupational Injuries and Diseases Act in South Africa).
System of employers’ liability vs workers’ compensation
System of employers’ liability - losses must arise from the employers’ negligence if they are to form a basis of compensation
Workers’ compensation - losses merely have to be suffered in the course of employment, not necessarily due to the employers’ negligence.
Motor third party liability
Indemnifies the owner of a motor vehicle against compensation payable too third parties for personal injury or damage to their property.
Motor third party liability
Possible heads of damage
- loss of income (split between past income and loss of future income, with each considered seperately)
- medical and nursing costs (including hospital costs)
- compensation for pain and suffering
Motor third party liability
Compulsory cover
In most countries, such cover is compulsory (precise rules may vary) - e.g. amount of cover required
In South Africa it’s not compulsory unless a car has been bought on credit in which case comprehensive insurance is compulsory - condition set by lending bank.
Marine and aviation liability insurance
Insured is indemnified against the legal liability to compensate a third party for bodily injury, death or damage to property arising out of operation of the vessel/aircraft.
Third parties include and aren’t limited to passengers.
Mostly provided by Protection and Indemnity clubs and not commercial insurance companies
Public liability
Insured is indemnified against the legal liability for the death of or bodily injury to a third party, other than those liabilities covered by other liability insurance
Public liability insurance
Main types of cover
- the risk at insured’s own premises
- risk when work is carried out by the insured away from their own premises
Product liability insurance
Indemnifies the insured against the legal liability for the death of or bodily injury to a third party, or for damage to property belonging to third party, that results from a product fault.
Usually also covers legal costs.
Some policies include the cost of recalling faulty products that haven’t actually caused damage.
Professional indemnity insurance
Indemnifies the insured against legal liability for losses resulting from the negligence in the provision of a service, e.g. unsatisfactory medical treatment or incorrect advice from an actuary. Insured will be a professional person or firm.
Directors’ and Officers’ liability insurance
Indemnifies the insured against the legal liability to compensate third parties owing to any wrongful act of the insured in his/her capacity as a director/officer of a company.
Professional indemnity
Compulsory cover
Often a legal/regulatory condition of being allowed to practice a profession or may be imposed as a condition by a professional body.
Environmental liability
Insured is indemnified against the legal liability to compensate third parties as a result of bodily injury, death or damage to property as a result of unintentional pollution for which the insured is deemed responsible.
Cost of cleaning up the pollution and regulatory fines may also be covered. Gradual and sudden environmental pollution will generally both be covered.
Employers’ liability
Perils can be grouped into the following:
- accidents caused by the negligence of the employer or other employees
- exposure to harmful substances
- exposure to harmful substances
Motor third party liability
Perils can be grouped into:
- loss of or damage to the property of third parties caused by insured vehicle
- bodily injury and death of third parties caused by the insured vehicle
Marine and aviation liability
Perils can be grouped into:
- loss of or damage to passengers’ property (incl. luggage)
- bodily injury and death of passengers either while on board the vessel or aircraft or when boarding or leaving the aircraft
- bodily injury caused by vessel/aircraft
- damage to property caused by the vessel/aircraft