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Professional Indemnity Insurance Policies
Professional indemnity insurance policies protect an individual and/or
company from claims made against them by a third party for financial
compensation arising from a breach of their professional duty.It's essential
protection for professional consultants who provide a service, including
design and advice.
Protection for professionals
To obtain a quotation, enquire online at www.optimuminsurance.com.au.
In most circumstances we are able to provide an quote over the phone. If
you would like to discuss your needs further, contact us on 1300 739 861.
Policy coverage is always subject to the terms, conditions and exclusions of
the insurance contract and policy wording provided by the insurer.
Each insurance company has its own policy wording. This means that
coverage can vary considerably from one insurer to another. It is vital that
you compare each policy based on the appropriateness of cover for your
individual or business needs.
As Insurance Advisers, it is our role to understand the terms and conditions,
so contact us now for advice and a quote.
Professional Indemnity Insurance Quote
Frequently Asked Questions
Professional Indemnity Insurance is essential protection for professional
consultants who provide a service, including design and advice. It provides
indemnity for claims brought against the insured company and its principals,
partners and employees for financial loss, injury or damage arising from a
breach (or an alleged breach) of your professional duty in the course of
conducting their business. It aims to protect the companyโ€™s position and
assets in the event of a claim and endeavours to ensure they are able to
carry on their business.
What is Professional Indemnity Insurance?
โ€ข Trade Practices Legislation
โ€ข Libel and slander dishonesty
โ€ข Loss of documents
โ€ข Defence costs
โ€ข Official enquiries cover
Professional Indemnity Insurance generally aims to provide protection for:
โ€ข Settlements, compensation and/or damages awarded against them;
and/or
โ€ข Legal costs and other expenses associated with defending a claim.
Policy features may include:
Anyone who gives to another person advice and/or services of a skilful
character according to an established discipline might be regarded as a
'Professional'. That means persons other than those in 'traditional'
Professions, such as doctors and lawyers, are now considered to be
Professionals, i.e. Computer consultants, advertising agents, acoustics
consultants, trade associations and fund managers. The law requires that
certain industries, for example Architects, Accountants, Engineers, Financial
Advisers, Solicitors and Insurance Brokers, to exercise an appropriate level of
skill when providing advice to third parties.
Who is a Professional Adviser?
A Professional will hold himself or herself out as having a special skill, which
can be relied upon by another. Consequently the law requires that the
Professional exercise the required skill to an appropriate level expected by
that profession. Professionals are only human and mistakes do happen. Any
financial loss, injury or damage arising from a mistake or failure by the
Professional to exercise the required level of skill may mean that an award is
made in favour of a person who suffers a loss, damage or injury. A
Professional may also be held to be liable for a mistake even though there
was no negligence.
Why do Professionals need Professional
Indemnity Insurance?
Public/General Liability Insurance only covers liability arising from bodily
injury or property damage and does not cover pure financial loss. If you have
Public Liability Insurance and believe that this would provide you cover in the
event a third party was injured, you are wrong. Most, if not all Liability
Insurance policies exclude professional advice for a fee and the rendering of
professional services. As a result, this policy would not respond to injury
claims either.
Public /General Liability Insurance Exclusion
The following types of insurance are commonly termed "Claims Made" Contracts
of insurance:
โ€ข Professional Indemnity Insurance
โ€ข Directors and Officers Liability Insurance
โ€ข Association / Non-Profit Liability Insurance
โ€ข Management Liability Insurance
โ€ข Employment Practices Liability Insurance
โ€ข Fidelity Insurance
Claims Made Policies
Claims Made policies" only cover claims made or "Known Circumstances" that
you become aware could reasonably be expected to give rise to a claim that
arise during the period of insurance. Acts or omissions may have occurred in
a prior period and, as long as the act or omission, was after the retro-active
date, the policy will extend to those prior acts.
It is essential to maintain continuity of cover (no gaps in the period of cover)
as claims made against you or circumstances of which you become aware
could give rise to a claim, will not be covered if they are not disclosed within
the period of insurance where they first arise. If there is any claim or
potential claim or even a circumstance that could reasonably be expected to
give rise to a claim, it should be reported to your insurer immediately it is
known, regardless of your own view as to fault. If you know of a claim or
circumstance and it is not reported within the insurance period in which it
arises your insurance policy is unlikely to respond.
What is a Claims Made Contract?
A 'Known Circumstance' could be defined as any fact, situation or
circumstance, which a reasonable person in the insuredโ€™s professional
position would have thought, might result in someone making a claim against
him/her. Therefore if a claim arises after the inception date of the policy from
a fact, situation or circumstance that the insured knew or should have
known, at the time of the commencement of the policy that might give rise to
a claim, it would normally be excluded as it arose from a Known
Circumstance
What is a Known Circumstance?
By notifying all circumstances that might give rise to a claim, during a policy
period, an insured can get the benefit of their statutory rights under Section
40(3) of the Insurance Contracts Act 1984 (the Act). Section 40(3) provides
an insured with statutory rights to notify a circumstance or insured, to an
insurer, during the currency of the policy.
If a claim eventuates against an insured from the notified circumstances,
then the insurer cannot deny indemnity, despite the fact that the claim arose
outside the period of insurance. Therefore, any fact, situation or
circumstance, which a reasonable person in the insured's professional
position would have thought might result in someone making a claim against
them, should be notified to their current insurer.
Why is Notifying all Known Circumstances
Important?
If you change insurers, you will need to notify your insurer of every
conceivable circumstance before the expiry date of your policy. If this is not
done, and if a claim was to occur in the future from a circumstance not
previously notified, you may be left uninsured, with neither the previous or
the current insurer accepting liability for the claim. The prior insurer may
deny the claim as the insured failed to notify the circumstance or claim during
the period of insurance.
Changing from One Insurer to Another
http://www.linkedin.com/company/optimum-insurance
http://www.facebook.com/OptimumInsurance
http://www.youtube.com/user/OptimumInsurance
https://twitter.com/#!/Optimum_Online
http://www.optimuminsurance.com.au/Blog.aspx
https://plus.google.com/u/0/100198722059770097421/about#1
00198722059770097421/about
Connect With Us on Social Media
Contact Us
Phone +61 1300 739 861
Fax +61 1300 732 225
Hours 9.00am to 5.00pm (EST)
Monday โ€“ Friday
Email service@optimuminsurance.com.au
Website www.optimuminsurance.com.au
Presentation Disclaimer โ€“โ€“ โ€œThis material contains general information only and may not suit your
particular circumstances. To decide if a policy is right for you please carefully read the relevant Product
Disclosure Statement (PDS) and/or Policy wording. A copy of the PDS or policy wording is available by
contacting our office on 1300 739 861;โ€
Disclosure Statement โ€“ โ€œOptimum Insurance Services Pty Ltd is a Corporate Authorised
Representative of Insurance Advisernet Australia Pty Ltd (Car No. 291220), Australian Financial Services
Licence No 240549, ABN 15 003 886 687.โ€

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Professional indemnity insurance policies

  • 2. Professional indemnity insurance policies protect an individual and/or company from claims made against them by a third party for financial compensation arising from a breach of their professional duty.It's essential protection for professional consultants who provide a service, including design and advice. Protection for professionals
  • 3. To obtain a quotation, enquire online at www.optimuminsurance.com.au. In most circumstances we are able to provide an quote over the phone. If you would like to discuss your needs further, contact us on 1300 739 861. Policy coverage is always subject to the terms, conditions and exclusions of the insurance contract and policy wording provided by the insurer. Each insurance company has its own policy wording. This means that coverage can vary considerably from one insurer to another. It is vital that you compare each policy based on the appropriateness of cover for your individual or business needs. As Insurance Advisers, it is our role to understand the terms and conditions, so contact us now for advice and a quote. Professional Indemnity Insurance Quote
  • 5. Professional Indemnity Insurance is essential protection for professional consultants who provide a service, including design and advice. It provides indemnity for claims brought against the insured company and its principals, partners and employees for financial loss, injury or damage arising from a breach (or an alleged breach) of your professional duty in the course of conducting their business. It aims to protect the companyโ€™s position and assets in the event of a claim and endeavours to ensure they are able to carry on their business. What is Professional Indemnity Insurance?
  • 6. โ€ข Trade Practices Legislation โ€ข Libel and slander dishonesty โ€ข Loss of documents โ€ข Defence costs โ€ข Official enquiries cover Professional Indemnity Insurance generally aims to provide protection for: โ€ข Settlements, compensation and/or damages awarded against them; and/or โ€ข Legal costs and other expenses associated with defending a claim. Policy features may include:
  • 7. Anyone who gives to another person advice and/or services of a skilful character according to an established discipline might be regarded as a 'Professional'. That means persons other than those in 'traditional' Professions, such as doctors and lawyers, are now considered to be Professionals, i.e. Computer consultants, advertising agents, acoustics consultants, trade associations and fund managers. The law requires that certain industries, for example Architects, Accountants, Engineers, Financial Advisers, Solicitors and Insurance Brokers, to exercise an appropriate level of skill when providing advice to third parties. Who is a Professional Adviser?
  • 8. A Professional will hold himself or herself out as having a special skill, which can be relied upon by another. Consequently the law requires that the Professional exercise the required skill to an appropriate level expected by that profession. Professionals are only human and mistakes do happen. Any financial loss, injury or damage arising from a mistake or failure by the Professional to exercise the required level of skill may mean that an award is made in favour of a person who suffers a loss, damage or injury. A Professional may also be held to be liable for a mistake even though there was no negligence. Why do Professionals need Professional Indemnity Insurance?
  • 9. Public/General Liability Insurance only covers liability arising from bodily injury or property damage and does not cover pure financial loss. If you have Public Liability Insurance and believe that this would provide you cover in the event a third party was injured, you are wrong. Most, if not all Liability Insurance policies exclude professional advice for a fee and the rendering of professional services. As a result, this policy would not respond to injury claims either. Public /General Liability Insurance Exclusion
  • 10. The following types of insurance are commonly termed "Claims Made" Contracts of insurance: โ€ข Professional Indemnity Insurance โ€ข Directors and Officers Liability Insurance โ€ข Association / Non-Profit Liability Insurance โ€ข Management Liability Insurance โ€ข Employment Practices Liability Insurance โ€ข Fidelity Insurance Claims Made Policies
  • 11. Claims Made policies" only cover claims made or "Known Circumstances" that you become aware could reasonably be expected to give rise to a claim that arise during the period of insurance. Acts or omissions may have occurred in a prior period and, as long as the act or omission, was after the retro-active date, the policy will extend to those prior acts. It is essential to maintain continuity of cover (no gaps in the period of cover) as claims made against you or circumstances of which you become aware could give rise to a claim, will not be covered if they are not disclosed within the period of insurance where they first arise. If there is any claim or potential claim or even a circumstance that could reasonably be expected to give rise to a claim, it should be reported to your insurer immediately it is known, regardless of your own view as to fault. If you know of a claim or circumstance and it is not reported within the insurance period in which it arises your insurance policy is unlikely to respond. What is a Claims Made Contract?
  • 12. A 'Known Circumstance' could be defined as any fact, situation or circumstance, which a reasonable person in the insuredโ€™s professional position would have thought, might result in someone making a claim against him/her. Therefore if a claim arises after the inception date of the policy from a fact, situation or circumstance that the insured knew or should have known, at the time of the commencement of the policy that might give rise to a claim, it would normally be excluded as it arose from a Known Circumstance What is a Known Circumstance?
  • 13. By notifying all circumstances that might give rise to a claim, during a policy period, an insured can get the benefit of their statutory rights under Section 40(3) of the Insurance Contracts Act 1984 (the Act). Section 40(3) provides an insured with statutory rights to notify a circumstance or insured, to an insurer, during the currency of the policy. If a claim eventuates against an insured from the notified circumstances, then the insurer cannot deny indemnity, despite the fact that the claim arose outside the period of insurance. Therefore, any fact, situation or circumstance, which a reasonable person in the insured's professional position would have thought might result in someone making a claim against them, should be notified to their current insurer. Why is Notifying all Known Circumstances Important?
  • 14. If you change insurers, you will need to notify your insurer of every conceivable circumstance before the expiry date of your policy. If this is not done, and if a claim was to occur in the future from a circumstance not previously notified, you may be left uninsured, with neither the previous or the current insurer accepting liability for the claim. The prior insurer may deny the claim as the insured failed to notify the circumstance or claim during the period of insurance. Changing from One Insurer to Another
  • 16. Contact Us Phone +61 1300 739 861 Fax +61 1300 732 225 Hours 9.00am to 5.00pm (EST) Monday โ€“ Friday Email service@optimuminsurance.com.au Website www.optimuminsurance.com.au Presentation Disclaimer โ€“โ€“ โ€œThis material contains general information only and may not suit your particular circumstances. To decide if a policy is right for you please carefully read the relevant Product Disclosure Statement (PDS) and/or Policy wording. A copy of the PDS or policy wording is available by contacting our office on 1300 739 861;โ€ Disclosure Statement โ€“ โ€œOptimum Insurance Services Pty Ltd is a Corporate Authorised Representative of Insurance Advisernet Australia Pty Ltd (Car No. 291220), Australian Financial Services Licence No 240549, ABN 15 003 886 687.โ€