£250,000 compensation following death of a site operative

Principal Contractor, Demolition Contractor and Sub-Contractor fined combined £250,000 following death of a site operative

Three companies have been sentenced for Health and Safety breaches following a fatal incident during the demolition phase of a regeneration project in Newport on the Isle of Wight.

Incident

Ryde Demolition Ltd had been appointed to conduct part of the demolition works on a residential redevelopment in 2016.

On 13 October 2016, David Shayler, an employee of Ryde Demolition Ltd, suffered a fatal head injury as he conducted his daily work.

Mr Shayler was removing roof timbers by hand with a colleague when the gable wall of the structure collapsed, leading to debris striking his head and neck.

He died 6 days later in hospital as a result of the injuries sustained.

Investigation

Stoneham Construction Ltd were the Principal Contractor for the redevelopment project and had appointed Ryde Demolition Ltd and H J Bennett Ltd to provide specialist demolition services.

An investigation by the Health & Safety Executive (HSE) found that the work was inadequately planned and managed by all duty holders.

The technique used to remove the roof timbers was done out of sequence, and the brick gable had been left unstable.

It was also identified that inadequate provision to reduce the risk of falls from heights was made, despite complaints from site operatives in the days leading up to the incident. Scaffolding was only erected to one side of the structure with no fall protection elsewhere.

Management of control measures by all duty holders were overlooked with no adequate monitoring of site procedures to check that operatives were following the demolition plan method statements.

Sentencing

The hearing took place at Portsmouth Crown Court where all three duty holders pled guilty to their charges and were sentenced accordingly.

Ryde Demolition Ltd were sentenced under Section 2(1) of the Health & Safety at Work Act 1974 for failing to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. They were fined £80,000 and ordered to pay costs of £12,132.

H J Bennet Ltd were sentenced under Section 3(1) of the Health & Safety at Work Act 1974 for failing to ensure that, so as far as is reasonably practicable, that persons not in their employment who may be affected thereby are not thereby exposed to risks to their health or safety. They were fined £120,000 and ordered to pay costs of £12,057.

Stoneham Construction Ltd were sentenced under Section 13 (1) of the Construction (Design and Management) Regulations 2015 for failing to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety. They were fined £56,667 and ordered to pay costs of £12,004.

HSE Statement

Speaking after the case, HSE Inspector Dominic Goacher stated “This was a tragic and wholly avoidable incident, caused by the companies’ failure to implement safe systems of work.

“Demolition is a high-risk activity whose safe execution is complex and technical and where expertise is vital. The risk of unintended structural collapse is well known within the industry. Demolition requires careful planning and execution by contractors who are competent in the full range of demolition techniques.

“Falls from height remain one of the most common causes of work-related fatalities in this country, and the risks associated with working at height are well known.

“In this case the risks of structural collapse and falling from height were not controlled, which led to the preventable death of a father-of-two.”

 

The Corporate Insolvency and Governance Act 2020

The new Corporate Insolvency and Governance Act came into effect from the 26th June 2020.

The bill introduced a Moratorium. If an application is agreed by the courts, it will allow businesses some additional time and protection from creditors when they experience financial difficulty.

The main purpose of the act is to reduce the number of entities entering into corporate insolvency at a time of unprecedented disruption to many industries and sectors across the UK economy.

Some Trade Credit Insurers have issued guidance notes on how these changes will apply and the main point of note is that a Moratorium is accepted as being an event covered by the policy. A moratorium is also to be viewed as a Serious Notifiable Event, and you should contact your broker to seek advice should you be faced with the situation.

Some temporary measures in the Act will expire on the 30th September 2020 and relate to:

  • winding up petitions and statutory demands
  • wrongful trading
  • Annual General Meetings and General Meetings
  • Companies House filing requirements

Other aspects of this process include “Super Creditors” and how each carrier will deal with waivers in respect to the standard allocation of recoveries.

More detail will become apparent over time, however it is important our clients are aware of the changes and the impact this will have on their policy. We are on hand to advise, should the situation arise.

 

 

Our people first approach reflected in employee happiness

As a family business, we really value the happiness and safety of all our staff and we’re delighted that a recent Pulse survey reflected that our employees are feeling happy and valued. 

Our team showed such resilience and dedication during the Coronavirus pandemic, supporting each other through the difficulties it posed. Following this, we chose to circulate an employee happiness survey to gauge how TL Dallas staff felt about our company response to the pandemic and the future for the company and industry.  

The results were overwhelmingly positive, which is illustrated in the selection of responses below. 

 

 

 

 

If you’re interested in joining our fantastic team please contact careers@tldallas.com

 

 

Travel Insurance & Unoccupied Premises

Travel Insurance: Private & Business

Whilst it is great news that flights are resuming and we are approaching some sort of return to ‘normal’, the current Government advice remains unchanged, advising against all but essential international travel, other than to a list of specified countries. See official advice for England & Northern Ireland. Advice in other UK countries may differ. 

Though this remains under constant review, and it is reasonable to expect a relaxation of this advice in the near future, at present travel policies are unlikely to be valid either partly (including medical expenses), or in full should you decide to travel whilst this advice is in place. Many policies now also include a Coronavirus or Pandemic exclusion.

If you are planning on booking travel, either personally or for business, please liaise with your usual TL Dallas contact to discuss what cover might be available.

Unoccupied premises

If your business premises are still unoccupied, either voluntarily or enforced, then it is of vital importance that you contact your usual TL Dallas team member as soon as possible.

They will contact your insurer to ensure they are aware of this and that they can continue to provide cover.

 

UK Government to back Trade Credit Insurance with £10bn guarantee

“This reinsurance scheme will see the government and insurers working closely together to ensure that the vast majority of this cover remains in place”

Today the government has announced a £10bn guarantee for the Trade Credit Insurance industry, allowing them to continue to support business to business trade. The guarantee is offered for an initial period of 9 months, backdating to 1st April 2020 (subject to state aid approval).

Trade credit insurance is used by thousands of UK businesses to support business to business trade on credit terms. As well as providing cover against non-payment from customers, having a trade credit insurance policy in place can allow insured businesses greater access to funding through the likes of Invoice Finance. Restrictions in insurance cover can also impact working capital.

Over the previous two months, we have seen a reduction in appetite from insurers due to the uncertainty of COVID-19 and the expectation that we will see an uplift in default and insolvencies in the coming months.

The additional government support provides some certainty about further blanket reductions in cover and we are also of the opinion that this support for the supply chain will ultimately see a more rapid economic recovery in the UK as a result of this intervention.  

At TL Dallas Trade Credit, we very much look forward to seeing the positive impact this will have for our clients and the wider UK economy.

Read the official Government announcement here

A guide to opening the workplace safely

Following the latest advice from the Government many companies will be considering how they can safely return to work. It is important that in the rush to get back to work, the welfare of all your staff and colleagues is kept top of the list of priorities.

As such we have started to compile some useful information on returning to work and how you can ensure this is done in a safe and measured manner:

The following is guidance on restarting your business. It’s worth noting that these are guidelines and therefore may differ across policy holders, so please contact your usual TLD team member for further advice regarding your specific policy or insurer.

    Our Risk Management and Health & Safety partners Lighthouse are also working with some of our clients to put in place Risk Assessments specific to their business, as well as COVID-19 Control Audits. Please speak to your usual TL Dallas contact if you would like a referral for your business.

    Government to guarantee Trade Credit Insurance

    The Government has pledged to support UK businesses further through Trade Credit Insurance guarantees. Trade Credit Insurance protects businesses against the cost of their customers being unable to meet their contractual obligations because of Insolvency Default or a Political event which prevents payment. In 2018 £450 million was paid in premiums to cover £350 billion in business trade. As other governments have pledged support, it was critical that the UK Government provide the same for UK industry.

    As the Coronavirus pandemic has left the Economy unstable, businesses are currently facing the withdrawal of buyer limit cover under their existing Credit Insurance policies and the prospect of increased costs at renewal due to the significant up lift in claims the underwriters are projecting as a result of the COVID-19 crisis.

    David Wilson, Head of Trade Credit & Surety NI & Scotland commented that this is “a very welcome update from HM Treasury today. The devil is in the detail, so hopefully we will see a comprehensive package, to support the Trade Credit Industry and ultimately the wider economy to trade on normal credit terms.”

    Read the Government announcement here for further detail. 

     

     

    Coronavirus FAQs

    As a dedicated professional insurance intermediary, our role is to support our clients at every level and provide experienced advice and guidance, as well as assisting with claims on your behalf. 

    The situation with regards claims as a result of COVID-19 is evolving daily. While some claims such as ‘travel’ are fairly clear cut, there is still a huge amount of discussion surrounding business insurance, particularly Business Interruption claims.

    It remains the case that the majority of Commercial insurance policies contain clear exclusions of disease / pandemic incidents. However we have ascertained and it has been widely reported in the press, that certain insurers’ policy wordings are ambiguous and would suggest that there is some cover.

    Please rest assured that, on your behalf, we are closely monitoring the situation, and actively challenging the Insurers positions where we feel there is ambiguity that could be interpreted in our Clients interests.  We will continue to present and support claims on our clients’ behalf. However we do not wish to give false hope either and our FAQs give most insurers’ current stance.

    As with all incidents / occurrences which might give rise to an insurance claim, you should advise us at the earliest possible point to discuss matters, so that we can then notify insurers, even if, in the end, the matter does not lead to a claim. As ever, if you would like to discuss your cover then please do not hesitate to contact your usual member of the team. Direct dial phone numbers on our email signatures are diverted to our team members’ mobile phones and our staff continue to work from home with secure access to records.

    There continues to be some support from the Government and other agencies and some useful links are included at the end of this email.

     

    Business Interruption insurance

    Unoccupied properties

    Working from home

    Fleet and Car Insurance

    Travel insurance

    Engineering Inspection (Statutory Inspection)

    Construction Insurance

    Can I have a premium break/holiday?

     

    Other useful websites:

    The announcement on the Gov.uk website lists the various measures available and who is administering them. It is comprehensive and updated as they add additional measures:

    In particular there are grants and business rate relief measures that will be administered via Local Authorities e.g. Leeds Local Authority is signposting people to the LEP for triage to increase support across multiple issues.

    The ‘business interruption’ loan scheme (up to £5m in loans) will launch soon and will be delivered through the British Business Bank and lenders.

    A scheme involving the Bank of England include a term funding scheme aimed at SMEs delivered via the banks. Ask your bank about support.

    Details in another scheme involving the Bank of England for larger firms are here

    There is also a market notice explaining how the facility will work here. The Bank will publish a dedicated webpage for corporates seeking to use the CCFF as soon as possible.

    The Association of British Insurers have issued a statement on business insurance, trade credit, income protection and pensions and investments here.

    Visit Britain/Visit England have a dedicated COVID-19 webpage with the latest updates and key links for businesses and industry here.

    Anyone involved with charities visit here.

    Can I have a premium break/holiday?

    Premium finance houses & insurers are being inundated with requests for payment holidays and are only considering these on a case by case basis and with significant additional information regarding your proposed plan post COVID-19 for repayment. If you would like to discuss this further please get in touch with your usual contact.

    Construction Insurance

    Cessation of Work Exclusion or Limitation: Many policies have a “cessation of work” exclusion or limitation which will void coverage if work is stopped for a reason other than what is outlined in your policy. Other policies may allow a cessation of work for a certain time period after which, coverage is void or is reduced.

    This situation is arguably beyond your control so focus should be on advocacy against temporary suspension of construction activities during this period as a trigger for this exclusion. Either way, however, it is highly recommended that you maintain and protect the project during the period when construction activities are suspended due to Coronavirus. Please speak to us for information on mitigation of risk. 

    Abandonment: Similar to the cessation of work clause, some policies may contain an abandonment clause. Ensure that the situation related to your project does not constitute abandonment per the terms of the policy.

    We anticipate most insurers will not consider the temporary suspension of construction activity due to the Coronavirus as abandonment, however if the change in economic conditions results in the project being cancelled this condition could come into play.

    Increased Hazard: The conditions section of the policy may contain an “increased hazard” clause which could void coverage if such increased hazard is not reported to your insurer.

    Insurers may consider the suspension of construction activities as a materially increased risk, therefore any foreseen shifts in schedule, scope, occupancy or values should be reported as soon as possible. Please speak to us with any reports.

    Herewith some additional guidance from Aviva:

    https://www.aviva.co.uk/risksolutions/knowledgestore/answer/5313/

    Engineering Inspection (Statutory Inspection)

    Insurers are retaining their inspection service focused on essential services only. Following a definition by HSE and talks with members of SAFed, these essential services are defined to be facilities that are crucial for the treatment/research of the Coronavirus and the general infrastructure of the country. This includes:

    • Health care settings (hospitals, GP practices and essential NHS hubs) and pharmacies
    • Schools used for essential workers child care
    • Services and utilities (power, gas, water, sewage, waste)
    • Retail, manufacturing, port services and transport serving essential provisions (food, medical supplies, fuel etc.)
    • Maintenance and repair serving essential provision, as above
    • Social / economically vital sites and services (construction, large employers)
    • Essential commerce including Government / local council hubs of activity, banking.

    If you are operating in one of these sectors, and have any inspection services due in the next 2 months, please speak to your usual contact at T L Dallas.

    This list does not include non-essential retail, pubs, clubs, restaurants, cafes and recreation centres – many of which are now closed. It also places a restriction on housing association and local authority housing stock, non-medical care homes and sheltered accommodation. In view of the government’s wish that people stay at home, insurers believe that they should not be entering these dwellings when restrictions on movement are in place.

    Insurers will continue to review their position daily and converse with SAFed and their regulators regularly – and will update any changes. At the moment, insurers envisage this strategy to last until such time as the government relax the stay at home policy.

    With regards to equipment which is, or will soon be out of date for examination, the HSE is not currently issuing exemptions or relaxing the requirements of the relevant regulations. HSE have said that they realise this is a fluid situation and the position is consistently under review. Insurers will update insureds if they are informed of any change.

    It is your responsibility to ensure regulations are met until such time as the position changes.

    Herewith some additional advice from our Health & Safety partners, Lighthouse:

    https://www.lighthouseriskservices.com/2020/04/new-building-occupancy-guidance-during-covid-19/

    Travel insurance

    I am unable to travel due to the most recent update from the government, what should I do?
    You should first ask your airline or travel provider to postpone your trip or arrange a refund, this applies for both trips abroad and in the UK. Once you have done this you should look to register a claim for any unrecovered costs. The advice is currently in place for any trips due to depart on or before 17th April 2020.

    I have had to postpone a trip or change my destination will my insurance still apply?
    If your transport provider or tour operator moves your trip destination or dates due to the Coronavirus outbreak, then insurers will class your original booking date as your booking date, therefore the exclusion for new trips booked will not apply. You will need to amend your insurance to reflect your new dates and there may be an additional premium due for doing this. If your trip is cancelled and you book a new/alternative trip, then your policy will not cover cancellation relating to Coronavirus. Also remember that the general rules regarding FCO advice and travel restrictions will continue to apply.

    I have been advised to stay at home for 12 weeks due to my medical conditions and now I can’t travel. What should I do?
    You should first ask your airline or travel provider to postpone your trip or arrange a refund. Once you have done this please register a claim for any unrecovered costs.

    Am I covered if I contract the Coronavirus on holiday?
    If you become ill while on holiday, your travel insurance covers your medical expenses abroad – unless you travelled to a location the FCO advised against.

    Fleet and Car Insurance

    Can vehicles be laid up as they are not being used?
    Some insurers are allowing vehicles to be laid up, and will allow return premiums when the vehicles are confirmed to be on SORN basis – please speak with us about this.

    My doctor self-isolated me, am I covered to drive?

    Yes, unless there is medical advice that you or any driver covered by the policy have medical or physical condition which may affect ability to drive.

    The Secretary of State has said Vehicle MOT’s are suspended and an allowance of 6 months has been given. My MOT runs out in this time, is my insurance still valid?

    Yes, we noted there is a 6-month extension to MOTs from 30th March. Your cover is not
    affected by this, and insurers will not penalise customers for something that is entirely out of their control, provided that the vehicle is kept in a roadworthy condition.

    Can we use our vehicles to support NHS and communities?
    Many of our clients will want to support people in their communities who are impacted by the Coronavirus, including the NHS Volunteer Responder scheme. If the insured, or one of their employees, use their company vehicle for voluntary purposes (non-payment) to transport medicine or groceries to support others or for the activities of an NHS Volunteer Responder, subject to the customer’s permission and any existing conditions (such as driving restrictions), their cover will not be affected – please speak with us about this.

    Herewith some additional advice from Aviva:

    Vehicle Security (and Accumulation) LPS  https://www.aviva.co.uk/risksolutions/knowledgestore/answer/5314/

    Managing Driving at Work During the Coronavirus LPS   https://www.aviva.co.uk/risksolutions/knowledgestore/answer/5317/

    Working from home

    Myself and many members of the team are now working from home – do we need to let insurance companies know and what cover do I have?

    Insurers are committed to enabling you to continue working, and for some it does mean the need to work from home, be that you as the ‘business owner’ or your employees at their homes. Most Insurers have automatically extended your existing policy cover, at no cost, to provide the same level of protection you currently enjoy whilst you and your employees carry out your normal business activities at home. This extension applies to the following covers, where insured under your existing policy:

    • Business Equipment
    • Employers Liability
    • Public Liability

    In addition, most insurers will provide cover for your business equipment whilst you travel to and from home, and at home. We ask that you and your employees take reasonable precautions to protect your assets and employees during this time. Your existing policy terms, conditions and exclusions remain unaltered and apply to cover at both your home and your employee’s home. If you have any more specific questions please speak to a member of the team.

    Herewith some additional advice from our Health & Safety partners, Lighthouse:

    https://www.lighthouseriskservices.com/2020/03/new-guidance-for-homeworkers/

    Unoccupied properties

    My premises are now unoccupied as we have followed Government advise to close the business or my tenants have moved out – what should I do

    Every insurers has a different definition of ‘unoccupied’ but in general you need to let us know if the buildings  are likely to be unoccupied for a period of 30 days or more.

    Please speak to us about how your insurer is applying unoccupancy clauses, as each insurer has a different stance.

    If your building is no longer occupied this represents a greater risk of damage, which could delay your organisation getting back up and running, once the current COVID-19 outbreak has passed.

    With this in mind we would advise, where you are able to do so safely and within the current government guidelines, you try to ensure that:

    1. The buildings are inspected internally and externally by an authorised person once a week to check the security and general condition of the premises.
    2. All waste, refuse and other disused combustible materials is cleared from the buildings and any grounds adjacent to it.
    3. All external doors are securely locked and all opening windows closed and locked (where fitted with locking devices).
    4. All tanks and pipes are drained down where and when you are able to do this, and all taps, stopcocks and mains supply valves turned off. If this is not possible, because you need to maintain a central heating system, a minimum temperature of 7°C should be maintained.
    5. Gas supplies should be switched off unless to maintain a central heating system.
    6. b) Electricity supplies should be switched off unless to maintain a central heating system or existing intruder alarm systems, fire protection systems, CCTV, security lighting or sprinkler systems.
    7. All existing physical devices for securing, or preventing access to the buildings must be kept in full and effective operation at all times. All keys must be removed from the locks and kept in a secure place away from the premises.

    We recognise that you may not be able to complete all of the items listed above, either partially or in their entirety, but we would encourage you to consider anything you can do, to reduce the risk of damage, loss or theft.

    Herewith some additional advice from our Health & Safety partners, Lighthouse:

    https://www.lighthouseriskservices.com/2020/04/new-building-occupancy-guidance-during-covid-19/

    Business Interruption Insurance

    If the government orders my business to close because of the coronavirus, can I make a claim on my business interruption cover?
    The current spread of coronavirus – and the precautions being taken by the government to stop it – is completely unprecedented. Business interruption cover is designed to protect you against dangers like fires and floods. Due to the situation (and the virus) being so new, there are very few insurance policies that cover it. Some policies include compulsory closure caused by any notifiable infectious diseases, but the vast majority list the specific diseases they cover, and do not include COVID-19  – please speak with us about this.

    If I need to stay at home due to coronavirus and can’t run my business, is my business covered for financial losses?
    We know that lots of our customers are currently following government advice to stay at home, to protect themselves and others. It’s crucial that we all follow the latest government advice just now – but we understand this can make running your business very difficult. Because this situation (and the virus) is so new, there are very few insurance policies that cover coronavirus and the unprecedented consequences of the outbreak. This means that self-isolation due to coronavirus won’t be included in your business interruption cover.

    A lot of customers are cancelling because of coronavirus and my business is suffering. Can we get compensation for the reduced activity?
    We understand that lots of businesses are stopping, reducing and changing their services in response to coronavirus. The experience with this situation (and the virus) is so new, there are very few insurance policies that cover it.

    We have decided to voluntarily shut our business to protect the welfare of our employees. Are we covered?
    There is no cover under your policy in these circumstances because there has been no ‘insured damage’ to property.

    My policy refers to action by Public Authorities or Non-Damage Denial of Access, does that mean I’m covered?
    Insurer’s policies provide cover where you are ordered not to use or to access your insured premises only following a small number of localised incidents.  As a result, you are not covered for general shut-downs ordered by the government.

    A supplier or customer has closed their business as a result of Coronavirus related issues and it has caused our business to suffer losses. Are we covered?
    There is no cover under your policy in these circumstances because there has been no ‘insured damage’ to property.

    The Centenary Fundraising efforts continue

    We’re delighted that the fundraising efforts from our Centenary year have continued, with a further 25 local and national charities receiving a £500 donation from our employees this year.

    In the Shetland office, TL Dallas employees chose to support Mind Your Head and CRUK Relay for Life

    Mind Your Head is a charity which positively supports mental health in the Shetland local community, offering a range of support services. Last year, the Mind Your Head team visited TL Dallas Shetland to deliver a ‘Self Care Workshop’, which was very insightful and helpful to branch staff. We are already proud supporters of this charity. 

    CRUK Relay for Life Shetland is a biennial event which raises money for Cancer Research UK and takes place in Lerwick. The first Shetland Relay was held in 2006, and since then over £1m has been raised over just six events, a first for the UK as a whole!

    CRUK is close to the hearts of many in the Shetland branch, with personal experiences of losing close friends and family to cancer during the past year. John Gear was also a huge supporter of this event and in his memory, T L Dallas have donated a trophy. This will be presented to the most committed and enthusiastic fundraiser, a lovely reminder and tribute to John’s tremendous efforts in Relay for Life.

     

    From left Fiona Reid TL Dallas, Joanna Breeze Mind Your Head, Ruth Newbold Associate Director TL Dallas, Kerry Eunson Relay for Life and Joanne Goudie TL Dallas. Photo:Dave Donaldson

    Coronavirus
    Update from TL Dallas

    As of this week we are following Government advice and all TL Dallas staff are now working remotely and are available on their usual numbers / email addresses. Many of our staff are juggling childcare as well as work so may send communications outside of normal business hours, in order to continue our high levels of service. Please don’t feel you need to respond to emails outside of normal working hours.

    Many of our customers will have queries around their insurance cover, in particular Business Interruption & Travel and you should contact your usual TL Dallas team member for further advice. However some general information on all classes of cover can be found here: link to Association of British Insurers Q&A

    Furthermore information on assistance being offered by the Government for businesses can be found here: link to Government website

    We wish you all the best and please keep healthy.

     

    Travel Insurance 

    Our advice on Travel Insurance is based on the latest update issued by our Trade Body – The British Insurance Brokers Association (BIBA) on the 28th February 2020. There are however many different policy conditions and wordings so each case will need to be looked at on its own merits

    There is understandably a lot of speculation as to what effect travel bans may have and also the line insurance companies will take on claims. We cannot predict where it may strike next.

    The outbreak of Coronavirus is a rapidly developing situation and we would strongly advise anyone travelling to look at the guidance issued by the Foreign and Commonwealth Office (FCO) which is updated on a regular basis.

    The FCO are now advising against all but essential international travel, and as such any trips booked at this time will not be covered by travel insurance. If you are having to cancel trips that were booked before the current advice was issued, then in the first instance insurers would expect every effort to be made to obtain a refund / credit or re arrange your trip for another time. If you are unable to do this and have to submit a claim, please get in touch your usual TL Dallas contact.

     

    People currently in an affected area

    From a travel insurance perspective, we expect that consumers who had purchased travel insurance and travelled before the FCO issued its advice on the respective areas listed above will be covered under the terms of their policy while in any of those areas including in Hubei province if they travelled there before the original advice was issued. If the travel insurance includes medical expenses, treatment costs for travelers who become unwell while overseas should be covered up to the limit in the policy subject to the terms and conditions stated in the policy. Please note that cover should operate even if the length of the trip is extended because of quarantine issues.

    Most travel insurers offer a 24-hour emergency medical advice hotline and travelers who feel they might have been affected by these outbreaks are encouraged to call their insurers for help.

    Cruises

    The outbreak of Covid19 on the Diamond Princess cruise ship was extensively covered in the media.

    People who have booked a cruise are advised to keep up to date with their cruise operator. If a cruise goes ahead as scheduled and you have travel insurance in place medical costs will be insured if you become ill on board.  Cover should operate even if the cruise length is extended because of quarantine issues.  You cannot claim on your travel insurance if you change your mind about going on a booked cruise.

     

    Concerns about travel

    Concerned consumers who had booked their trip via a tour operator or travel agent or using a credit card should contact them to see if they can get a refund or have their trip re-arranged.

    All travel policies are different so we would advise people to read their policies carefully or call us to see exactly what their policy covers and what they can claim for. Some policies may actually exclude any cover for pandemic situations if this is officially declared. There are some specialist High Risk Travel Insurance Schemes that we may be able to access through BIBA but how long they will be willing to provide cover is unknown, as is the cost and scope of cover available.

     

    General Business Insurance

    There isn’t an easy answer other than to say that most policies are not designed to protect against such outbreaks and indeed following the SARS and Avian Flu events many Insurance Companies added these causes of loss as a specific exclusion in business interruption policies.

    There are some business interruption extensions of cover primarily designed for catering and hospitality businesses that are usually specifically linked to the supply of food and drink from the policyholder’s premises and that cover notifiable diseases specific to those premises. This cover isn’t designed or intended to provide cover if there is a local or national shutdown or quarantine ordered by the Government.

    We feel it is important to provide a general explanation as to why this is the case. Whilst all insurers differ in the detail of their approach, they are all required by their shareholders and regulatory bodies to operate in a commercially sustainable way. This is to ensure they are able to meet the cost of insured claims in the long-term and thereby provide continued protection for their policyholders.

    Insurers use historic data to guide them in terms of the cover they are able to offer and the pricing of it. Where new diseases (or new strains of known diseases) emerge there is, by definition, no historic data available for insurers to be able to predict the potential cost of claims from a UK or worldwide pandemic. The potential therefore exists that if the insurance industry did provide unrestricted cover for a pandemic disease event it would result in their mass failure, leaving policyholders unprotected against other events. It is therefore the case that remedies for issues of this magnitude and extent fall towards the Government to be able to respond on a societal basis.

     

    Beware of Scammers

    Very sadly there are those who exploit a crisis and we have already seen fake stories and emails with links to antibacterial hand gel, a list of businesses that are closed asking you to click and see if your employer is one of them and there will be many more. 

    Please exercise caution when opening emails and clicking on links before doing so.

     

    Contact details: 

    Your usual TL Dallas contact will try to help or contact our Head Office

    T: 01274 465500

    E:  info@tldallas.com

     

    We will endeavor to keep you up to date but the situation is changing quickly so ensure you have the latest information issued by the Government, Emergency Services, Foreign Office and Local Authorities before taking any action.

    TL Dallas Support Stepping Stones NI

    As a continuation of our centenary charity efforts, Gary Proctor from our Belfast office presented a cheque to local charity, Stepping Stones NI.

    Stepping Stones provide meaningful training to people with a learning disability so that they had greater opportunities for employment. They operate five social enterprises which include three cafes, a bespoke wedding stationery business and a guild commended picture framing business in addition to arranging placements in industry.

    Chief Officer, Paula Jennings thanked us for our continued support:

    We are delighted to receive this donation, particularly in an uncertain funding climate for charities and look forward to continuing our long standing partnership with TL Dallas as our insurance broker.

    Learn more about Stepping Stones NI here.