We’ve compiled our most asked questions. If you can’t find the answer you’re looking for, our local team is ready to have a conversation!
General questions
Yes, but it depends on the profession involved. Less exposed professions may not pay much more (if any) for costs exclusive limits. For more exposed professions it will be more expensive or may not be available at all.
The insured must be a natural person or legal entity. Trading or business names are not legal entities and therefore do not have legal capacity to enter contracts (including a contract of insurance) or be the subject of legal proceedings. If desired, the trading name can appear alongside the named insured.
Yes. Any legal entity that is to be covered under a policy must be named on the policy schedule. Subsidiaries are not automatically covered.
We originally applied a Communicable Disease exclusion but we were concerned that this exclusion was too broad. That is why we now apply Listed Human Disease exclusion as it specifically refers back to diseases listed by the World Health Organisation, so not as broad an exclusion as the previous Communicable Disease exclusion.
Public & Products Liability
Public and Product Liability Insurance (PPL) protects you and your business against financial loss arising from your legal liability to pay compensation to a third party when they have suffered a personal injury, property damage or an advertising injury. This injury or damage must be in the direct course of your business or as a result of one of your Products.
Yes, we can do them individually. They are written under separate Excess of Loss Professional Indemnity and Public Liability policies.
What if an accident occurs on your premises or an injury arises directly caused by your product. Do you have adequate protection to cover large out of pocket expenses? This is why Public and Products Liability is essential to protect your business against financial losses resulting from an injury claim. For example, if a labour hirer suffered an injury at your premises they could potentially file two claims. One from the labour-hire company for workers’ compensation and one from the injured or their family seeking medical or pain and suffering compensation. If you are sufficiently covered BIA will cover all out of pocket expenses so you can focus on operating your business.
BIA can provide run-off cover on an offer and acceptance basis. It is offered on a sliding scale similar to Professional Indemnity and Management Liability policies.
Professional indemnity
Our Design and Construct (D&C) insurance policy is a Professional Indemnity (PI) insurance policy, specifically designed to cater to entities that perform the physical construction or manufacture of products, goods, structures or buildings as well as having responsibility for the provision of any design, advice or any other professional services relating to those works. The policy provides protection for an Insured against claims for financial loss arising out of an act, error or omission in the course of their professional activities and duties.
If a structural engineer discovers an error in their design which could result in a building falling down, the engineer may be covered for mitigation costs of supporting the building to ensure it does not fall down in the short term until they can contact us. The insured must notify us immediately when they discover the problem and work with us to reduce the liability as much as possible.
Yes, we can do them individually. They are written under separate Excess of Loss Professional Indemnity and Public Liability policies.
No. You should ask for a write back to the exclusion that covers BI arising out of a breach of professional duty. Most PI policies issued by BIA do not contain an exclusion for claims arising from BI if that injury is a result of a breach of professional duty.
You should note all past, present and future activities on the current policy schedule no matter how long ago the activities were undertaken. The statute of limitations is different depending on the type of claim being brought so it’s a good idea to list all past, present and future activities on PI policies.
Medical Malpractice
This would not be covered under our policy due to the Fraud, Dishonest, Criminal or Intentional Loss, Damage or Injury Exclusion.
$250,000 is the maximum limit we can offer for Inquiry Costs and Medical Fund Fraud.
Unfortunately, clinical trial practices are an automatic decline occupation.
Yes, we can offer a Medical Malpractice policy to NDIS services providers.
Standard exclusions within our Medical Malpractice policy wording exclude midwifery and obstetric services. We also exclude activities where we are not comfortable with the exposure presented.
The following occupations/professions are an automatic declinature for us:
Public/government hospitals;
Private Hospitals providing Accident & Emergency or Intensive Care Unit Services;
Independent blood banks, not operating as part of a hospital/clinical organisation;
Midwives and maternity/obstetrics;
Abortion clinics;
Medical Practitioners involved in gender reassignment, organ transplant, spinal surgeons, neuro surgeons;
Euthanasia clinics;
Radiologists;
Anaesthetists;
Any risk where the Proposer’s business is domiciled in USA;
Chiropractors;
Child Care;
Podiatrists involved in surgery where any anaesthetics other than a local anaesthetic used; and
Any business directly involved in testing or research on coronavirus or similar communicable diseases.
Our policy is not designed to cover doctors (employed or contracted) and only covers the vicarious liability of the insured arising from its engagement of a contracted doctor.
Association Liability
Yes, the Listed Human Disease is applied on all risks under BIA’s Association Liability policy.
BIA can provide run-off cover on an offer and acceptance basis. It is offered on a sliding scale similar to Professional Indemnity and Management Liability policies.
BIA’s Association Liability policy is intended for Not for Profit entities including incorporated Associations. Associations Liability policies are Professional Indemnity based products with limited Management Liability covers (e.g. Fidelity, private D&O, EPL, Statutory Liability).
BIA can consider Registered Training Organisations including trades/apprenticeships.
Directors' & Officers' – up to $20M
Employment Practices Liability - up to $20M
Crime – Fidelity only, up to $250K.
Statutory Liability – up to $3M
Organisation – Up to $20M
IT Liability
Our Information Technology Organisations and Professionals (ITOPS) insurance policy is a combined Professional Indemnity (PI) and Public and Products Liability (PL) insurance policy, specifically designed to cater to the IT industry. The PI section of the policy provides civil liability protection against claims arising out of the supply or provision of your Information Technology Services or Information Technology Products in the conduct of your business. The PL section of the policy provides protection for you against claims arising from Bodily Injury and/or Property Damage arising out of the supply or provision of your Information Technology Services, or Information Technology Products or caused by your Information Technology Products.
Yes, this is possible. However, it is subject to the individual application being within our appetite.
The BIA IT Liability policy does cover unintentional infringement of Intellectual Property Rights of a Third Party including Third Party Licensees as well as shrink wrap licencing.
Yes, our policy includes patent and IPR cover. For full details please refer to the policy wording.
Yes.
Management Liability
Directors & Officers Liability covers directors and officers for personal liability arising from claims made against them as a result of their role as managers of the company where the company is unable or unwilling to pay their defence costs or damages. Eg. Allegations of fraud or in cases where the company is insolvent.
WH&S regulators do not generally charge a fee for investigating alleged WH&S contraventions. However, the entity the subject of an investigation will often incur expenses involved with providing information to the WH&S regulator. This can include engaging experts to assist with responding to queries from WH&S regulators.
Our policy only provides cover for Company Employee's. It does not cover independent contractors, consultants or labour hire workers. Contractors are generally engaged under a contract for services, whereas employees are employed under an employment contract. The EPL cover responds to claims for breaches of employment contracts, not contracts for services.
There could be fines for many areas but probably the most relevant is a breach of WH&S laws. That is a non-safe workplace or non-safe property.
There are few (if any) industries where companies can afford to ignore the legal and regulatory risks of their operations. The liability environment is constantly evolving particularly in the current economic climate, business failures, regulatory investigations and actions, employment practices claims, commercial disputes, and employee theft are becoming more prevalent. As a result, directors and officers of Australian companies are increasingly vulnerable.
No. However, costs for defending allegations of WH&S contraventions are still covered. Defence costs may be more than the WH&S fine.
Yes, it is. The fines under consumer protection laws are extremely high and with premiums under Management Liability low, consumer protection fines are too high to be covered under Management Liability insurance.
Contact Us
Whether you need to discuss a unique risk with a market-facing underwriter or require guidance from our 100% onshore claims team, our local experts are ready to help. At BIA, you’ll work with the same person every time, ensuring you get the responsive, personable service that helps your business thrive.
