Professional Indemnity Insurance Flashcards

1
Q

What is Professional Indemnity Insurance?

A

Protects firms against losses resulting from professional negligence, errors and/or omissions which cause financial loss to a third party
Ensures a firm’s clients do not suffer financial loss which the firm cannot meet

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2
Q

What do you need if you start your own business?

A
  • Inform RICS
  • Appoint a contact
  • Apply for RICS Regulation
  • Have at least 25% principals
  • Agree to observe and comply with RICS Rules of Conduct for Firms, including working to RICS standards.
  • Insurances (P.I, Public Liability, Employers Liability)
  • Action & training to deal with Clients Money
  • Complaints handling procedures and training
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3
Q

What is run off cover?

A

Ensure that firms, members and their clients are not exposed to financial detriment in the period following a firm ceasing to trade
RICS requires firms to obtain fully retroactive run-off cover

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4
Q

What are the minimum levels of PII required?

A

1) £0 - 100k = £250k
2) £100k - £200k = £500k
3) >£200 = min. £1m

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5
Q

What is the minimum level of run off cover?

A

Consumer claims: £1m

Non-consumer claims: adequate and appropriate cover

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6
Q

What is the premium for P I?

A

Typically between 1 - 5% of turnover dependent on what it is covering

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7
Q

What is the premium of P I based on?

A
Size of Firm 
Experience
Nr of partners
Type of projects
Claims history
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8
Q

What is maximum uninsured excess?

A

Dependent on limit of indemnity:
< or = £500k : greater sum of 2.5% or £10k
Over £500k: 2.5% of sum insured

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9
Q

Why do RICS members need P I (if they own a business)?

A

To meet standards approved by the regulatory board

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10
Q

What is fully retroactive?

A

All former work carried out will be covered if retroactive date is “none” regardless of when negligent act occurred

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11
Q

What is adequate for run off consumer claims? (Type of claim basis)

A

Each and every claim

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12
Q

What is run off pool?

A

Firms that are unable to obtain run-off from their incumbent insurer or the open market will be able to apply for coverage to the Assigned Risk Pool which is in line with RICS

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13
Q

What should a PII policy contain?

A

1) Any one claim or aggregate plus unlimited round the clock reinstatement basis;
2) each and every claim basis
3) full civil liability basis
4) Underwritten by a listed insurer
5) Covers past and present employees
6) Run-off cover
7) Minimum level of indemnity required by the RICS
8) Fully retroactive
9) Wording in line with RICS requirements

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14
Q

When should you let your PI insurer know about a complaint?

A
  • This depends on your PII policy.

- PII policy normally obliged to advise insurer on any situation which may give rise to a claim.

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15
Q

What has the RICS changed regarding PII?

A

To this end, we undertook a consultation earlier this year to:

  • minimum insurance requirements
  • more flexibility on PII terms
  • Amended the Assigned Risk Pool
  • Fire Cover
  • Cyber Cover
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16
Q

How long should Run Off Cover apply?

A

6 years as recommended by the RICS.

Risk will reduce over time of 6 years

17
Q

How to avoid P.I claims?

A

Refer to scope of services
Use RICS guidance
Keep record of all work done
QA procedures

18
Q

How does insurers limit liability?

A

Caps on exposure arising from a claim

19
Q

What case law is applicable to P.I.I and run off cover?

A

Merit vs Babb 2001
Mr Babb’s employer no longer traded
No Run Off Cover

20
Q

Where can you find guidance on P.I?

A

P.I.I Requirements

Risk Liability and Insurance

21
Q

What were the updates to P I I?

A

Firms have been unable to obtain fire protection from 1st May 21

Insurers (without specific dispensation) are now permitted to:
provide cover on fire safety claims four storeys or less on aggregate, defence cost basis

Cyber cover

22
Q

What is Risk Liability and Insurance?

A

Guidance Note

23
Q

When would notify your PI insurers on a complaint?

A

Anything that could result to a claim
Negligence
If it reaches external stage