Summary of Members Block Professional Liability Insurance Scheme. 1st February, 2017 to 31st January, 2018

Transcription

1 Summary of Members Block Professional Liability Insurance Scheme 1st February, 2017 to 31st January, th October, 2017

2 Summary of Members Block Professional Liability Insurance Scheme issued on a Claims Made basis Contents Introduc on.. Insurance Broker Services... Page 4 5 Cover Details.. Ac vi es Insured Who is Insured Insurer Policy Number Basis of Cover Retroac ve Cover Interna onal Cover Excess Limits Insured Prosecu on Defence Release of Confiden al Informa on Loss of Damage to Documents Public Rela ons Consultancy Costs Addi onal Persons Insured Costs of Court A endance Top Up Cover Fees Recovery Run off Liability Complaints Response Disciplinary Proceeds Extension Sub le ng of Premises Training Extension Members Own Companies Insurance for Addi onal Ac vi es

3 Summary of Members Block Professional Liability Insurance Scheme Contents (Con nued) Main Exclusions... North American Exclusion HRT Viii LAV Aids Exclusion Surgical and Dental Treatment Exclusion Injury to Employees Fines, Penal es and Puni ve Damages Employment Disputes Known Circumstances Work prior to BASRaT Membership Treatment of Professional Footballers Exclusion Claims No fica on. 13 Op onal Insurances.. Sports Massage Insurance for BASRaT Students.. Contacts. Complaints.. Terms of Business Financial Conduct Authority Policy Documents Appendix 1 Full Exclusion wording for treatments to Professional Footballers

4 Introduc on Qualified Members of the Bri sh Associa on of Sport Rehabilitators and Trainers (BASRaT) in designated membership categories benefit from Civil Liability Insurance (Medical, Professional, Public & Products Liability Insurance and Libel & Slander) as a benefit of BASRaT Membership. The policy operates from the 1st February each year to the 31st January of the following year. Eligible Members may download a current Cer ficate of Insurance as evidence of cover by visi ng This paper is for general guidance and informa on only. Members are advised to read the full policy Terms & Condi ons available on line from either BASRaT s own website or the Brokers website members. The Summary is not intended to be exhaus ve and does not in any way alter the Terms & Condi ons of the policy. In the event of any conflict, the Terms & Condi ons of the policy will take precedence over this Summary. Members are strongly advised to ensure the cover provided is adequate and appropriate for their Professional requirements and to either exercise any addi onal op ons, or purchase supplementary insurances for addi onal covers not catered for under the BASRaT Block Scheme. If you are unsure whether the cover provided in this Summary document meets your own par cular circumstances, you should seek your own legal and/or insurance advice before proceeding with any par cular course of ac on. 4

5 Insurance Broker Services This scheme is administered and managed on behalf of BASRaT by Graybrook Insurance Brokers Limited, a specialist liability insurance broker. Graybrook is authorised and regulated by the Financial Conduct Authority under authorisa on number Servicing Team Account Manager: William Hulse ACII williamhulse@graybrook.co.uk Finance Manager: James Le Cert CII Professional Advisers: Jan Archer enquiry@graybrook.co.uk Kim Atkinson enquiry@graybrook.co.uk Jo Vaughan Cert CII jovaughan@graybrook.co.uk Megan Field Cert CII meganfield@graybrook.co.uk Contact Details: Graybrook Insurance Brokers Limited 8 Chandlers Way, South Woodham Ferrers, Essex, CM3 5TB enquiry@graybrook.co.uk website: members Tel: Fax:

6 Cover Details Ac vi es Insured All ac vi es within the BASRaT role delinea on (or any addi onal ac vi es for which Members have registered and paid the appropriate premium). Who is Insured Any current qualified Member of the Bri sh Associa on of Sports Rehabilitators and Trainers ordinarily resident in Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or the Republic of Ireland. Insurer The Scheme is Underwri en by AXA Insurance PLC Limited. Policy Number RKK Type of Cover The Policy covers claims for which Members shall become legally liable to pay as compensa on caused by any actual or alleged negligent act, error or omission commi ed by the Member and rela ng to ac vi es within BASRaT s role delinea on (or other insured ac vity for which the Member is registered) or during the performance of a Good Samaritans Act. Basis of Cover The policy is underwri en on a claims made basis which means that only claims first reported to Members during the currency of this policy will be insured. Valid BASRaT membership must be held both on the date the work was undertaken and also the date the Member first becomes aware of any circumstances that might lead to a claim, or the date on which the claim is first no fied. Cover does not apply where Members are insured elsewhere or have the benefit of alterna ve indemnity arrangements, or for any work undertaken prior to BASRaT membership. 6

7 Cover Details (con nued) Retroac ve Cover No work is included within this insurance scheme that predates BASRaT membership, even if a claim is subsequently received at a later date and during BASRaT Membership. Members are, therefore, advised to purchase run off cover from their previous insurers for any work undertaken prior to BASRaT Membership. Interna onal Cover The policy automa cally provides cover for work within Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and the Republic of Ireland and for Members ordinarily resident in these territories, cover extends to elsewhere in the World subject to a limit of 60 days in any 12 month period. The 60 day limita on, however, does not apply to Members deployed overseas by the Ministry of Defence. Excess there is no excess payable by Members in respect of any claim under this Policy. Limits Insured 5,000,000 in respect of any one claim (but in the aggregate in any period of insurance in respect of claims rela ng to pollu on and contamina on). Insurers will also pay costs in addi on to the limit of indemnity. The following sub limits apply: Prosecu on Defence Insurers will pay the legal costs defending Members against criminal proceedings or prosecu on from (a) an alleged offence under the Health & Safety at Work Act 1974 (b) breach of part (ii) of Consumer Protec on Act 1987 or (c) part (ii) of the Food Safety Act 1990 (where such prosecu ons may give rise to a valid claim under this policy). The maximum amount payable under this extension is 100,000. 7

8 Cover Details (con nued) Other sub limits of Indemnity include: Release of Confiden al Informa on 5,000 Loss or Damage to Documents 50,000 Public Rela ons Consultancy Costs 25,000 Addi onal Persons Insured Personal representa ves of any deceased Member en tled to indemnity under this policy. Costs of Court A endance At the request of insurers a ending Court as a Witness in rela on to any claim 500. Top Up Cover Members may increase their own personal level of insurance to 7.5million or 10million. See topup for details of costs and applica on form Fees Recovery In order to mi gate any losses under the policy, insurers may reimburse Members fees owing in respect of Professional Services. Run off Liability The policy includes up to three years run off cover when Members cease to prac ce by reason of death, re rement or career break. Run off cover is also granted in other circumstances provided Members belong to an appropriate BASRaT Membership category such as a non prac sing Graduate or an Allied Healthcare Professional. Such extra run off cover will be subject to an addi onal charge. The run off insurance provided in these Membership categories offers valuable protec on for members work undertaken during their period of BASRaT membership,par cularly for Members that subsequently qualify as physiotherapists and join the CSP s own insurance programme to cover their future work. (No cover is provided by the CSP for any work prior to joining the CSP or any work outside the scope of physiotherapy prac ce). 8

9 Cover Details (con nued) Complaints Response Costs and expenses in preparing a response to a Professional Regulatory Body following complaint of misconduct against Members up to 800. Disciplinary Proceedings Extension Reasonable Legal Costs in Defence of any disciplinary proceedings brought against Members by a Professional Regulator. Sub le ng of Premises Business ac vi es include Members liability as Leasor of the usual business premises. Training Extension (Graduate Members only) Covers Members whilst training others within BASRaT s role delinea on (but not the members liability for students in their care for the purpose of work experience). Members Own Companies Companies formed by Members are also included within the scope of cover provided, subject to the Terms & Condi ons of the Policy and provided such organisa ons are owned 100% by a current and qualified BASRaT Member and any claims relate to work undertaken within the BASRaT role delinea on and caused by the Member s own negligence. No cover is provided in respect of any work undertaken by the organisa on prior to BASRaT Membership, regardless of the date of claim. 9

10 Insurance for Addi onal Ac vi es In addi on to the cover provided for work within BASRaT s role delinea on, cover may be included for the following ac vi es (provided Members are suitably qualified and registered where appropriate and their income does not exceed 50% of their total income): Acupuncture dry needling provision of ortho cs physiotherapy (subject to addi onal charges) Members requiring cover for these addi onal ac vi es must register them with BASRaT, obtain HCPC registra on where applicable, pay any addi onal charges which may be due and provide suitable evidence of training and qualifica on to BASRaT for approval. Post Natal Pilates has been removed as an op on, as BASRaT confirm this is within Qualified Members role delinea on. Any other ac vi es should be separately insured and addi onal quota ons may be obtained from BASRaT s Brokers: Graybrook Insurance Brokers Limited Tel: enquiry@graybrook.co.uk website: members 10

11 Main Exclusions North American Exclusion Excludes any ac ons brought in the United States of America or Canada (or elsewhere to enforce judgement in such territories) if any Member has a branch office or other establishment, parent or subsidiary company or is represented by a Agent holding the Member s Power of A orney in the United States of America or Canada. HRT Viii LAV Aids Exclusion Members are not insured for any liability causing or failing to cure or alleviate any condi on directly or indirectly caused by or associated with the above. Surgical and Dental Treatment Exclusion Injury to Employees and Students Members are not covered for any injury to employees arising out of the course of their employment with the Member or students on work experience (Members should obtain separate Employers Liability insurance). Fines, Penal es and Puni ve Damages No cover is provided. Employment Disputes No cover provided in respect of disputes between Members and their present or former employer or employee. 11

12 Main Exclusions (con nued) Known Circumstances Exclusion No claims are covered under this Policy resul ng from any circumstances or claims known to Members prior to the date of joining BASRaT or commencement of cover under this policy. Work Prior to BASRaT Membership This Policy does not include any ac vi es undertaken by Members prior to Membership of BASRaT or during any period where BASRaT Membership is not held (even though a claim resul ng from such work may materialise during the period of Membership). Treatment of Professional Footballers Exclusion This exclusion will apply to all members from the 1st July Full details of the exclusion appears in Appendix 1. 12

13 Claims No fica on No admission offer or promise of payment to be made without wri en consent of the insurers. Members must no fy claims in wri ng to the Brokers below as soon as possible in respect of any event which may give rise to liability under this policy with full par culars of such event. Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel enquiry@graybrook.co.uk Website: Fax No

14 Op onal Insurances Business Liability Insurance The BASRaT scheme is designed to cover individual Members only. However, limited companies owned 100% by a BASRaT Member are included within the scope of cover subject to the Member being the only prac oner and the only work undertaken is within the BASRaT role delinea on. Otherwise companies that do not meet these criteria should obtain separate insurance. Members opera ng a Clinic or Prac ce Premises may also wish to insure the assets of the Clinic including Loss of Revenues following damage to the Clinic premises as well as general liabili es. Members undertaking any ac vity not insured under the BASRaT Block Scheme should also obtain separate insurance for such ac vi es. Student members Qualified to prac ce Sports Massage may apply for Professional Liability Insurance at discounted rates by going to students Other Op onal Insurances Members may wish to include Criminal Prosecu on Defence Cover for details see defencecosts Members Liability as an employer (Employers Liability Insurance) (including the members liability for students on work experience) Members Liability as a Director, an Officer of any Corporate En ty Increase level of personal cover to 7,500,000 or 10,000,000 (see topup for details) 14

15 Contacts Role Delinea on Enquiries The Scheme Brokers will not answer ques ons on whether specific ac vi es are within the BASRaT Role Delinea on. Such enquiries should be directed to BASRaT for clarifica on. All ac vi es deemed to be within the BASRaT Role Delinea on will be automa cally covered under the Block Insurance Scheme, together with any specific ac vi es stated in the Cer ficate for which Members have registered their need for the cover to be included and have been accepted by BASRaT. Insurance Queries All enquiries rela ng to the BASRaT policy (other than role delinea on) or applica ons for addi onal insurance should be directed to: Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel enquiry@graybrook.co.uk Website Members Block Scheme: members Students Members Sports Massage: students Fax No

16 Complaints Whilst all reasonable care has been taken in compiling the BASRaT Insurance Scheme, any complaint should be directed to: William Hulse ACII Managing Director Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel williamhulse@graybrook.co.uk Website: Fax No

17 Terms of Business The Company s Terms of Business is available by following the link Our Terms of Business contained in the Brokers website or on request. Financial Conduct Authority Graybrook Insurance Brokers Limited is directly Authorised by the Financial Conduct Authority under registra on number Members can check this on the FCA Register by visi ng or by contac ng the FCA on Policy Documents Copies of the full policy wordings are available upon request, or by visi ng the BASRaT website or the BASRaT sec on of the Brokers website members. Members unable to access the internet may request copies of all documents to be delivered by post. 17

18 APPENDIX 1 Treatment of Professional Footballers Exclusion 18

19 Treatment of Professional Footballers Exclusion As from the 1 st July, 2016 this Policy excludes any treatment or medical services provided by any Member who a) is contracted to or is otherwise working for a Defined Club (as a fulltime or part time employee, independent contractor or consultant or in any other capacity or b) who otherwise promote their services to a Defined Club or a Professional Footballer. This exclusion shall also apply to any Member engaged by any other Football Club or Team which is not a Defined Club whilst any Professional Footballer is on loan from a Defined Club. This exclusion shall not apply to disability football teams or Good Samaritan Acts. Definitions Professional Footballer: a) any male football player aged 16 years or over and whose parttime or full time earnings whether direct or indirect are derived from playing football and b) plays football for or in connection with any Defined Club. This definition includes: first team players or reserve players and any junior team players, trialists and academy players players on loan to a Defined Club players on loan from a Defined Club to any football team or club (whether a Defined Club or not) any other football player employed by or apprenticed or otherwise contracted to or engaged by or playing under the patronage of or otherwise in association with a Defined Club including for the avoidance of doubt branded soccer schools or c) any professional footballer regardless of age when selected (and only in and to the extent of their capacity) as a squad member or player for any national or international football team of any country including but not limited to participation in competitive or friendly matches at senior or junior level (age related or otherwise) training regimes or any other official activity relating to their national or international duties.

20 Defined Club: Any national or international professional association football team or any football club playing in any of the top two professional football divisions of England (currently known as the English Premiership and Championship Divisions), Scotland (currently known as the Scottish Premiership and Championship Divisions), Republic of Ireland or any other country (other than clubs playing in the football leagues of Wales, Northern Ireland, the Channel Islands or the Isle of Man). For the purpose of this exclusion, a football club which is promoted to any of the top two professional football divisions to which this exclusion relates shall be deemed to be a Defined Club with effect from a.m. on the date of the first official league game of the relevant division following the clubs promotion and a Defined Club that is relegated from the two divisions shall cease to be a Defined Club at a.m. on the day of the first league game in the division to which the club has been relegated. All other terms, conditions and exclusions remain unchanged.