Claims

The Business Interruption coverage will depend on your Policy Wording, but typically it covers short term financial loss arising from interruption to a business’ operations as a result of damage to the business premises or its contents. Some policies however provide an extension for Notifiable Diseases. Policy Wordings vary greatly so its important to first consider whether a claim can be triggered by your specific Policy Wording. As your broker we will help with the interpretation of the Policy Wording but cannot provide a definitive answers on your Insurer's behalf.

Insurers are being inundated with Business Interruption claims following the Coronavirus pandemic. Having a well presented claim that the insurers can quickly understand will maximise the chances of the claim being accepted and payment being received quickly. It is important that you provide your insurer with all of the relevant background and financial information to process the claim.

We recommend you provide your insurer with the following:

• Company Name & Policy Number
• An overview of your business including the location(s) of your business
• Details of the interruption
• Impact on trading i.e. will your business completely shut down or were you able to partially trade
• A timeline of key events
• Calculation of your anticipated financial loss and/or additional costs (appreciating this may take some time, this can be followed up once the claim has been started and with further guidance from your insurer and accountant)

Key Actions:

• As soon as you become aware of a claim or circumstances or events which could give rise to a claim, under any of your policies please notify your team at E G Murray
• Never admit liability, make an offer to make a payment to a third party, or enter into any correspondence without first seeking your insurers approval
• Notify the police or similar appropriate authority following a break in, theft of property, etc
• Remember that when making a claim it is your duty to disclose all material facts to Insurers. Failure to disclose all material facts could prejudice your rights to make a claim

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

Your employees are important, to ensure you respond correctly in any event please ensure:

• Any injury sustained by an employee has to be recorded in the company accident book.
• If an employee is absent from work for more than seven days as a result of the accident a copy of the F2508 should be submitted to the Health and Safety Executive (HSE). This can also be undertaken via the HSE website at www.hse.gov.uk/riddor.
• Any correspondence received from solicitors acting for the employee should be acknowledged immediately (without entering into dialogue) and then sent to us.
• Never admit responsibility. No discussions should take place without the authority of your insurers. As this could mean that insurers reserve their rights and refuse to deal with the claim as their position may have been prejudiced.
• Start gathering the necessary information - see checklist below.
• Any legal proceedings should be scanned and emailed to us without delay.
• In the event of legal proceedings you will be given the name of the solicitors appointed by your insurers to protect your interests. They may contact you if further information or documents are required.
• Serious injuries should be reported to us by telephone immediately after the event.
• If you do not accept that you are responsible please state your reasons to E G Murray. You must also advise if you have reason to suspect contributory negligence on the part of the claimant. If the case requires further investigation a representative from the insurer or a loss adjuster will arrange a visit and investigate the claim in more detail. If you wish we can be present when they investigate.

Document Checklist

The following list of documents are a guide to what will assist insurers in their investigations. The documents you can provide should be forwarded to us as soon as possible, however, their collation should not delay the submission of a letter of claim from your employee’s solicitors.

• A copy of the accident book entry and the internal incident report.
• A copy of the report to the HSE.
• Copy witness statements and any photographs taken as part of your investigations.
• Salary details for thirteen weeks prior to the accident and details of all payments made whilst the employee was absent (gross and net).
• A copy of relevant risk assessments.
• Any forms completed for the Department for Work and Pensions.
• Copy Data Sheets regarding protective items of clothing and any documents that confirm that the claimant has been issued with the clothing.
• Any documents detailing training received to avoid relevant incidents occurring.
• Any documents relating to the system/method of work used.

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

Key Actions:

• If you have been involved in an accident never admit responsibility (even if you feel that you are in the wrong).

Remember to record the following if any other person be involved in the accident:

• Driver Name
• Company Name
• Address and Post Code
• Telephone number
• Type of vehicle
• Car registration number
• Their insurance company
• Their insurance broker
• Witness name, address and telephone
• Date of accident
• Time of accident
• Location of accident
• Number of occupants in other car.
• Take some photographs showing the position of both cars and any damage

To help collect the above information please ensure each of your drivers are given a  Motor Claim Start Form.

Uninsured Losses

If the accident was not your fault and you have uninsured losses, details of your claim will be passed to our Uninsured Loss providers, HBJ, to recover the losses.

Uninsured losses could include:

• Self-insured accidental damage cost
• Storage charges if self-insured
• Vehicle recovery charges if self-insured
• Damage or loss of personal effects if self-insured
• Additional alternative transport expenses
• Hire charges
• Loss of use
• Personal injury

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

Key Actions:

• Any serious loss should be notified to E G Murray by telephone to enable us to arrange for the appointment of a loss adjuster via your insurers. 

For losses of a less serious nature that do not require immediate assistance:

• Where appropriate emergency repairs can be undertaken without prior approval of your insurers in order to secure your property following a theft or escape of water, storm or flood damage.
• A claim form should be completed and sent whenever you are aware of damage to your property which may be recoverable from your insurers.
• Obtain quotations for the replacement or repair. Sometimes insurers may require you to obtain two quotations for comparison purposes or, alternatively they may appoint their own contractor.
• Where property has been stolen insurers will usually require sight of the original invoice as proof of ownership.
• We will obtain authorisation for the repair or replacement of the damaged items from your insurers. The final invoices should then be sent to us and we will arrange for reimbursement from your insurers.
• Insurers may require copies of management accounts to quantify any loss of revenue/profit.
• If a loss adjuster is appointed by your insurers, E G Murray will liaise with them and assist you in obtaining prompt settlement of your claim.

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

Key Actions:

• Any claim or potential claim should be reported to E G Murray immediately upon discovery. We would ask that you speak to us if you have any doubts about a developing situation which could possibly lead to a claim being pursued against you.
• You should not enter into any correspondence.
• You should not provide the identity of any insurer to any party, but seek the insurer’s approval before any action is taken.
• You must not make any admission of liability or take any action which may prejudice the insurer’s position.

Professional Indemnity

It is a policy condition that any “circumstance” which may lead to a formal claim must be notified to insurers. Unlike a claim, a “circumstance” does not have a definitive definition and is not as easily recognisable. As a general guide, the following should assist:

• Any initiation by a third party, whether expressed or implied, of an intention to claim against you.
• Any criticism of your performance where it may give rise to a financial loss.
• Your awareness of a service or action provided by you which may fail to meet the standards required even if your client is unaware of the shortcoming.

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

Key Actions:

• A completed claim form should be sent to E G Murray as soon as you are aware of any incident resulting in injury or damage to third party property. Please ask us for the relevant claim form. A claim could arise from an accident involving a visitor to your premises, in which case you should still record the incident in your accident book. 
• Any correspondence received from a third party in connection with an alleged incident should be acknowledged immediately (without entering into dialogue) and then sent to us.
• Never admit responsibility. No discussions should take place with a third party or their representatives without the authority of your insurers. Doing so could mean that insurers reserve their rights and may refuse to deal with the claim as their position may have been prejudiced.
• Start gathering the necessary information - see checklist below
• If the case requires further investigation a representative from the insurers, or a loss adjuster appointed by insurers will contact you to arrange a visit and investigate the claim in more detail. If you wish we can be present when they investigate.
• Any legal proceedings should be immediately emailed or scanned to E G Murray and the original documents then posted by recorded delivery.
• You will be advised of the identity of the solicitors appointed by your insurers to protect your interests. They may contact you if further information or documents are required.

Document Checklist

The following list of documents are a guide to what will assist insurers in their investigations. The documents you can provide should be forwarded to us as soon as possible, however, their collation should not delay the submission of a letter of claim from a third party or their representative.

Public Liability

• A completed public liability claim form.
• A copy of the accident book entry and report to the Health and Safety Executive if appropriate.
• A copy of the internal incident report.
• Original photographs taken after the incident.
• If the accident involves machinery, copies of the service and maintenance records.
• Copies of witness statements.
• Documentation with regard to the system of work/production.
• Copy of the risk assessment.

Products Liability

• A completed product liability claim form.
• A copy of the internal incident report form.
• A copy of the data sheet for the product in question.
• A copy of the specification.
• Sample of the product if appropriate.
• Copy of all packaging and labels/leaflets and notices accompanying the product.
• Leaflet showing and explaining product use and any other relevant product literature.
• Copy of contractual documentation.
• Copy of tender and purchase order.
• Original photographs taken after the accident.
• Copy of the risk assessment.
• Copies of witness statements.

In the event of a claim, we’re here to help. If you are in any doubt about what to do please call us.

1. Provide Notice

Provide notice of your cyber incident in accordance with the notice provisions in your policy. After providing notice of an incident, you will be contacted by our Cyber Incident Response Team team who will guide you through the incident response process. An experienced claims manager will also be assigned to your incident. We always encourage you to coordinate with your broker if you have questions about how to properly provide notice of a cyber incident to your insurer under the policy.

2. Guidance

An Insurer claims representative will get in touch to initiate and provide guidance in respect of your incident, which may include Business Interruption Loss, Dependent Business Loss, Data Recovery Costs. Your Cyber Incident Response team, including specialist representatives acting on behalf of your insurer will be available to talk through coverage, required documentation and submission of a Proof of Loss (“POL”).

3. Involvement of specialists

To assist us in evaluating your loss, your insurer may engage forensic accountants, technology experts and other experts. We encourage the involvement of forensic accountants as early as possible, in order to advise on the adjustment process and any early measures you should be taking to document your losses to ensure that you benefit as much as possible from any available coverage. For example, it is important for you to track all costs directly associated with the incident. These costs should not be captured within the normal operating accounts of your company. A new general ledger loss account should be established to track these costs. The policy may include a sub-limit of coverage for you to retain your own forensic accountant. We strongly encourage you to make use of this benefit under the policy.