Summary of cover 1st October 2010 Renewal
Demands
You are a member of the Homeopathic Medical Association. You have advised us that you require an indemnity to protect you in the event that a claim or allegation is made against you by a patient or third party for malpractice, injury or damage arising from the pursuit of your professional practice. In addition, you have requested protection in respect of fees and costs incurred following a complaint made to your professional body or for certain other legal expenses arising from your business.
Needs
We have negotiated a malpractice/public liability policy with Royal and Sun Alliance Insurance PLC with an additional section, which covers legal costs and expenses arranged with DAS Legal Expenses Insurance Company Ltd via Amicus Legal Ltd. This is arranged on a claims occurring basis for malpractice/public liability and claims made in respect of legal expenses.
The principal benefits of cover are as follows:-
Professional Indemnity – Limit of indemnity £5,000,000 any one event plus unlimited costs in addition. This provides cover for you against claims arising from your neglect error or omission in relation to your professional activities.
Public Liability – Limit of indemnity £5,000,000 any one event plus unlimited costs. This provides cover in respect of legal liability for injury or damage to other parties.
Products Liability – Limit of indemnity £5,000,000 in any one period of insurance plus unlimited costs. This covers you in respect of injury or damage arising from defects in products sold or supplied by you.
These covers are extended to include indemnity in respect of libel or slander, breach of confidentiality and Good Samaritan acts.
The policy provides cover for teaching provided that you are suitably qualified but there is no cover in respect of the risk of management of the teaching establishment.
Loss of Documents – there is cover for up to £100,000 in respect of the costs and expenses incurred to restore or replace documents (other than electronic documents).
24-hour legal and counselling help-line.
Professional Legal Protection – limit of up to £100,000 in respect of defence costs including disciplinary hearings, Inland Revenue, VAT Tribunal, criminal proceedings, sex discrimination, race relations and others.
Additional therapies may be covered (many without additional cost) provided that you are able to demonstrate that you are properly trained and qualified to at least the standards required by the appropriate Professional Bodies or Associations in the chosen therapy
Cover applies anywhere in the United Kingdom
Student members
Cover is restricted to a limit of indemnity of £1,000,000 in respect of Professional Indemnity, Public and Products Liability. Indemnity is only given if you are working under the guidance of a supervisor.
This is a summary of the main benefits of cover – for full details, you should read a copy of the policy which we will supply on request.
The principal exclusions under the policy are shown below
Exclusions to Section 1
The indemnity will not apply to legal liability
1 Conventional Medical Practitioner
arising out of or in connection with any advice treatment or prescription provided in the course of the Business where such advice treatment or prescription is by virtue of the Policyholder's training and knowledge as a conventional medical practitioner and not solely that of an Alternative or Complementary Medical Practitioner
2 Employers’ Liability
for bodily injury or mental injury to or death disease or illness of any Person Employed arising out of and in the course of employment by the Policyholder in the Business
3 Property in the Policyholders Custody or Control
for or arising from loss of or damage to any Property which at the time of the Event giving rise to such legal liability is owned by or held in trust by or in the custody or control of the Policyholder other than
A) Employees' partners' or visitors' personal effects including vehicles and their contents
B) premises including their contents not owned by or leased or rented to the Policyholder at which the Policyholder is undertaking work in connection with the Business
C) premises and their fixtures and fittings leased or rented to the Policyholder unless such legal liability
1) has been accepted by agreement in which case the indemnity will only be provided to the extent that such liability would have attached in the absence of such agreement
2) arises from an agreement to maintain in force insurance in respect of loss of or damage to such premises and their fixtures and fittings
D) Documents provided that the total amount payable by the Company in respect of all Events happening during
the Period of Insurance shall not exceed £100,000
4 Product Defects and Recall
A) in respect of loss of or damage to any product supplied by the Policyholder caused by any defect therein or the unsuitability thereof for its intended purpose
B) for the costs of recall removal repair alteration replacement or reinstatement of any product supplied by the Policyholder necessitated by any defect therein or the unsuitability thereof for its intended purpose
5 Contractual Liability
arising from or in connection with any product supplied by the Policyholder where such legal liability has been accepted by agreement except to the extent that such liability would have attached in the absence of such agreement
6 USA and Canada
in respect of
A) Medical Malpractice
B) accidental Injury of any person
C) accidental loss of or damage to Property
happening during any Period of Insurance within the United States of America or Canada
7 Fines or Penalties
for
A) fines or penalties
B) compensation ordered or awarded by a Court of Criminal Jurisdiction
C) aggravated exemplary or punitive damages awarded by any court outside Great Britain Northern Ireland the Channel Islands or the Isle of Man
8 Mechanical Vehicles
arising from or out of the ownership possession or use by or on behalf of the Policyholder or any Person Entitled to Indemnity of any
A) mechanically propelled vehicle other than legal liability arising out of the loading or unloading of any
vehicle except where indemnity is provided by any motor insurance contract of where insurance or security is required by law
B) aircraft or other aerial device
C) aerospatial device
D) hovercraft
E) water-borne craft (other than hand-propelled or sailing craft in inland or territorial waters)
9 Disposed Premises
for the costs of remedying
A) any defect or alleged defect
B) the presence of Asbestos Asbestos Dust or Asbestos Containing Materials
in premises disposed of by the Policyholder
10 Pollution
caused by or arising out of pollution or contamination of buildings or other structures or of water or land or the atmosphere unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific moment in time and place during any Period of Insurance
Provided that all pollution or contamination which arises out of one incident shall be considered by the Company for the purpose of this Policy to have occurred at the time such incident takes place
11 Libel and Slander
in respect of libel or slander
A) arising from or in connection with the personal spite or ill will of the Policyholder towards any claimant
B) where liability is accepted by agreement except to the extent that such liability would have attached in the absence of such agreement
C) for damages awarded by any court outside Great Britain Northern Ireland the Channel Islands or the Isle of Man
12 Criminal Libel
for criminal libel committed by the Policyholder
13 Radioactive Contamination
of whatsoever nature directly or indirectly caused by or contributed to by or arising from
A) ionising radiations or contaminations by radioactivity from any nuclear fuel or from any nuclear waste
from the combustion of nuclear fuel
B) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component thereof
14 War and Allied Risks
arising from any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power
15 Fear of Asbestos
for mental injury or fear of suffering bodily injury death disease or illness arising out of actual or suspected exposure to Asbestos Asbestos Dust or Asbestos Containing Materials
16 Asbestos Removal Costs
for the costs of management (including those of any persons under any statutory duty to manage) removal repair alteration recall replacement or reinstatement of any property or part thereof arising out of the presence of Asbestos Asbestos Dust or Asbestos Containing Materials
17 Abuse
arising from Abuse
18 Herbal Products
arising out of the use of supply of herbal products unless they have been obtained from bona fide UK based providers and all legislation in relation to the Policyholder’s distribution of these products is met
19 Sexual Conduct
arising out of actual or alleged conduct involving acts of a sexual nature (even if consensual) including but not limited to sexual relations or other sexual contact sexual intimacy or assault sexual harassment inappropriate use of images or spoken or written words inducement or coercion into sexual activity sexual exploitation or any actual attempted or alleged improper relationship whether or not sexual or consensual