Liability Insurance

What cover can I get under liability insurance?

 

The cover options available under liability policies are specific to each individual policy but the main areas are:

Public Liability

Covers against bodily injury to third parties and damage to third party property

Employers Liability

Cover against bodily injury to people employed by you or your business

Personal Accident

Cover against death, loss of limbs and permanent total disablement.

Custodial Liability (Care, Custody & Control)

Cover against death/accidental injury to horses/ponies under your care, custody or control.

 

 

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What does limit of indemnity refer to?

The phrase ‘Limit of Indemnity’ is the insurer’s maximum liability in respect of any one event or series of events i.e. it is the total to which you are covered up to.  In some cases you will be offered a choice of the limit of indemnity and in other instance the level of indemnity will be fixed. When offered a choice, for example Public Liability cover up to £1,000,000/£2,000,000 or £5,000,000 the higher limit of indemnity will mean that you will pay a slightly higher premium. In the event of a claim you will have to provide evidence in order to substantiate the amount claimed.

 

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What is Public Liability?

 

Public Liability covers you against bodily injury to a third party or damage to a third parties property as a direct result of your negligence. Public Liability cover will normally be offered with a choice to the limit of indemnity. The scale of benefit will be outlined in the individual terms and conditions of the policy.

 

Public Liability cover although not law, is essential to take out for any business, event /show, club, instructor or trainer and is often a requirement when taking out Employers Liability.

 

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What is Employers Liability?

 

Employers Liability covers bodily injury to those who are employed by you which happens during their course of employment. Employers Liability is a requirement by law under the Employers Liability Act 1969 and should be in place for anyone working on your behalf, whether full time, part time, in training, unpaid or paid in kind.

 

You will find an Employers Liability section under most liability proposal forms, you can view and download KBIS

proposal form from our Download Page.

 

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What is Personal Accident Cover?

 

Personal Accident cover can be taken out under a section on some Liability Policies, for instance with event insurance to cover helpers and officials or with a club policy to cover members whilst as club events.

 

It can also be taken out as a specific Personal Accident policy which provides the policyholder with more comprehensive cover to include Temporary Total Disability. Temporary Total Disability will pay a weekly amount should you be unable to temporarily carry out your normal occupation/business. The amount paid will vary depending on the benefit scale you have chosen to take out. This cover is particularly important for those who are self employed such as freelance instructors, trainers, farriers and course builders. You can view the Personal Accident Policy here.

 

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What is Custodial (Care, Custody and Control) Liability Insurance?

 

Custodial Liability Insurance provides cover against the death and/or accidental injury to horses/ponies that are in your care, custody and control in respect to a claim that is made against you by the owner.

 

Most policies will offer a set benefit scale with respect to the to maximum claimable amount during the policy period.

 

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What happens in the event of a Claim?

 

Liability claims are often a complex process and unlike in other claims procedures your insurance company will deal with the incident on your behalf. You will therefore need to forward any relevant documentation relating to the incident or solicitors letters onto you insurance company in order for them to defend your position in the event that you are not liable.

 

When dealing with a incident the Underwriters will deny liability until they have all of the relevant facts in relation to the incident, this does not mean that they are denying your claim but that they are denying your liability.

 

In some cases a loss adjuster may be appointed by the Underwriters to establish the exact cause of the loss.

 

Equestrian Business Insurance

 

Do I need a specific policy for:

 

Riding Establishment?

 

A Liability policy for a Riding Establishment will include sections for Employers Liability, Public Liability and Products Liability. You will then get what is referred to as an extension to the policy, that is specific cover relating to your main business activity. For a Riding Establishment this would refer to Care, Custody and Control under Public Liability, Customers Indemnity, any customer using the facilities or under instruction and Personal Liability to indemnify any proprietor, immediate family, partner/manger of the insured.

 

You may then want to look at Individual Equine Public Liability for the horse/ponies which are used in the riding school.

 

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Livery Yard?

 

A Liability policy for a Livery yard is similar to that for a Riding Establishment but the specific extensions would be Personal Liability and you would then have the optional extension for Care, Custody and Control. The type of service offered at the Livery yard would reflect the cover that would be required. For example for full liveries where you are dealing with the clients horses on a daily basis, Care, Custody and Control would be a sensible option to consider.

 

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Private Yard/Stud?

 

A private yard or stud owner would again be offered a Liability Policy to cover the three main sections of Employers Liability, Public Liability and Products Liability. Specific extension to the policy would be Personal Liability and optional Care, Custody and Control.

 

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Freelance Instructor?

 

A freelance instructor Liability policy would be the same as per any riding establishment or yard but would specifically extend to cover Care, Custody and Control and Customer Indemnity under Public Liability. It would also include an extension to your own Personal Liability.

 

If you do not have a Personal Accident policy in place or any cover with the BHS or an affiliated body then should consider taking out a standalone policy. You can click here to find out what Personal Accident cover provides.

 

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Course Builder, Horse Transporter, Cross Country Course Hire?

 

A Liability policy for a course builder will be similar to that for event cover, cross country courses and horse transporters. The three main sections under the policy are Employers Liability, Public Liability and Products Liability. The policy will then hold conditions in relation to the specific business you are covering.

 

Course Builder - Excludes Professional Indemnity, that is any claims in relation to your professional negligence. It would also only provide cover within the EEC jurisdiction.

 

Horse Transporter - Exclude any Liability for property in your Care, Custody and Control. You can look to take out a separate policy for Care, Custody and Control.

 

Cross Country Course Hire - Exclude professional Indemnity and would specify that the fences on the course are checked and maintain by a suitably experienced or qualified person on a regular basis depending on the usage.

 

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What information will I need to relay to insurers?

 

It is important when obtaining a quote to tell your insurer as much information as possible in order for them to gain a good understand of your business and insurance needs. Failure to specify certain information may lead to having inappropriate cover, may affect any claims against the policy or both. When phoning up make sure you have the following information easily to hand:

 

  • Main Business Activity
  • Number of Staff
  • Number of Horses
  • Wage Role
  • Any other business activities
  • What insurance you currently have in place
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Events and Show Insurance

What Cover is Available?

There are six main sections, which provide the following cover options:

  • Public Liability cover for yourself as an event organiser
  • Employers Liability for anyone who will be employed by you at the event
  • Personal Accident cover for volunteers and officials
  • Event cancellation that can include expenses incurred and loss of profit.
  • Cash in Transit and/or while occupied at the private dwellings of the organiser.
  • All Risks, which covers against damage to equipment such as show jumps, caravans as well as hired items, marquees and toilets and additional items such as trophies and cups.

You do not have to take out all areas of cover and may stipulate under which sections you would like cover provided. It is a requirement however when taking out Employers Liability to also take out Public Liability.

 

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Do I need a specific policy for an Affiliated Event?

 

If you are running an event under an Affiliated Body you can still take out a general event insurance policy. You may find that there is some insurance cover automatically provided in your agreement with the Affiliated Body, areas such as Personal Accident and Public Liability.  It is important to check any association insurance cover carefully as it may be limited to those officials working on behalf of the governing body. Cover for event cancellation, and loss or damage to event equipment such as tents, trophies are unlikely to be covered.

 

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If I am running multiple shows do I need a separate policy for each one?

 

AT KBIS we offer a Multiple Show Insurance Policy, this will provide cover for Public Liability and Employers Liability for a number of shows being run by the organiser, for example Unaffiliated Dressage Shows.

 

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Can I cover Volunteers helping at my event?

 

You can cover any voluntary helpers at your events against bodily injury under Employers Liability cover and also against Death, Loss of Limbs and Permanent Total Disablement under Personal Accident Cover. You may also take out cover for Temporary Total Disability under Personal Accident Cover, though this may be restricted if the volunteer is not in gainful employment.

 

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What does event cancellation insurance provide?

Event Cancellation needs to be taken out at least 30 days prior to the scheduled date of the event. It will provide indemnity up to the specified limit should the event be cancelled or postponed. You can choose to cover the event expenses only or both the event expenses and profit.

 

Event expenses should not include those expenses that are recoverable or not payable in the event of cancellation.

 

Profit cover is worked out on the difference between your income, entry fees, sponsorship and gate receipts less your expenses. It will take into consideration any monies that may be recoverable.

 

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Can I cover hired equipment?

 You can take out cover for loss and/or damages to items such as marquees, toilets, jumps and caravans. The cost of hired equipment may include a fee for the insurance of the equipment so it is important to check this with the hire firm.

Items such a show jumps will not be covered for any damage whilst in use.

 

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Pony and Riding Club Insurance

 

What cover is available ?

 

You can take out cover in the following areas for Pony, Riding or Driving Clubs when taking out a Liability policy:

 

Personal Accident cover for members while they are at an official club event

Personal Accident cover for instructors, officials and voluntary helpers at official club activities.

Public Liability cover against the clubs liability to third parties.

Property Liability cover in respect to the clubs property such as jumps, trailers,dressage boards.

Employers Liability for those employed by the club or paid in kind.

 

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What cover is available for members?

 

When taking out a Public Liability policy for a club, cover will also generally include Personal Liability for club members while attending club events and also member to member liability. Member to member liability covers injuries to members horses by other members of the same club whilst attending any club activities.

 

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Can I cover Club Property?

 

You can cover the club against any physical loss or damage to owned or hired property. Such items which would be covered would include trailers, caravans, jumps (while not in use), dressage boards, games equipment, tentage etc. There may be stipulations on the policy with regard to the security of such items or you may find that the policy states that there will be a higher excess for those items which are not contained within a locked building.

 

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