Help and Information

For a full quotation on advice insurance please contact us directly or request a call back.

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All cover under one policy for Building Energy Rating Assessors,Solar panel,Wood Pellet,Heat Pump & Biomass - Consulting /Sales/Installation, Thermal Imaging & Energy Auditing Management Surveys,Air Pressure Testing,Insulation Contractors – Surveys & Installations,Soil Testing & Percolation testing (for one-off houses), Elements of Waste and/or Waste Water Management.


€1,000,000 limit of indemnity automatically covered

Policy is written on claims made basis

Breach of Duty, including Negligent Duty, Negligent Omission, Misstatement, Misleading Statement and Breach of Confidentiality

Dishonesty of employees

Unintentional Infringements of Intellectual Property Rights

Defamation

Legal defence costs in addition to the policy limits

Reduced policy claim excess to €500

Loss of documents cover

Compensation for court appearances
Public Liability up to €2,600,000
Employers Liability up to €13,000.000
Office Contents & Computer & Ancillary Equipment cover
Standard & Poor's AA+ Irish Based Insurer regulated by the Financial Regulator

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Professional Indemnity Insurance provides essential financial protection for Energy Assessors, Consultants & Contractors. In the event that a client suffers financial loss as a result of alleged neglect, error or omission Professional Indemnity Insurance will meet the cost of defending claims and any damages payable.

Any person who gives advice, designs, or offers similar services in a professional capacity is seen by clients as an expert. In these times of high consumer awareness, clients will not hesitate to pursue a claim if they feel that they have received sub-standard service. The need for Professional Indemnity Insurance has never been greater.

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Employers' Liability Insurance will meet the cost of compensation for injuries sustained to your employees (or illnesses), whether caused on or off site. It should be noted that this type of insurance only covers your employees. Potential claims made against you by other third parties (members of the public) can be covered by Public Liability Insurance.

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Public Liability insurance will cover you if someone is accidentally injured by you or your business operation. It will also cover you if you damage third party property while on business. The cover should include any legal fees and expenses which result from any claim by a third party.
This type of insurance will only cover third party claims (i.e. not your own employees - you need Employers Liability Insurance for your own employees).

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Our top priority when an allegation of negligence has been made is to ensure that our clients receive a service that runs smoothly and efficiently from start to finish. After all, the truest test of your insurance protection comes when a claim is made. That’s when you need a service that is as proficient as it is effective. Our claims handling service gives you just that, thanks to a professional & dedicated team. We also offer a tailored web-based claims service keeping you up to date 24 hours a day. So you not only get the right outcome, but also achieve it with the minimum of fuss.

Expertise when you need it

Your insures handling team is made up of some of the top specialists in the business with a market-acknowledged reputation for their negotiation skills.

It’s a network that our clients access very much at a local level. As in all areas of our work, our approach is hands-on, rather than arms-length. So whether the claim is large or small, contentious or non-contentious, we make sure the process is smooth and the delivery swift. Above all, we put the emphasis on professional and reliable customer service – a surprisingly rare commodity in the industry, but one in which we take great pride. You’ll always be clearly informed of the latest developments and the advice we give will combine rigorous attention to detail with an appreciation of the wider business picture.

Although claims handling can sometimes be seen as a purely reactive process, that’s not the way we approach things here. We take great care not only in recording the relevant data, but also in interpreting it and feeding the results back into your overall risk management strategy. For example, if you work in a sector where multiple small claims are fairly common, it’s important “for us all” to identify where most claims are happening – and why. Our approach “and analysis” will give you the clear management information you need.

Trust us to deliver
The process of handling a claim through to resolution is full of potential pitfalls. Delays, errors and oversights can all add to the overall cost to your organisation. We can steer you safely through that process – and give your business a competitive edge. We are mindful of the potential damage, even the smallest claim can be to your reputation, you can rest assured that our team of experienced and dedicated professionals will treat all matters in a sympathetic, confidential and sensitive way.

What constitutes a Claim or a Claim Circumstance?

A “Claim” against a professional, from a Professional Indemnity point of view, is an assertion of rights against the professional communicated to him by a third party (normally - but not always - the client) arising out of the professional’s business activities, which usually involves a claim or threatened claim for financial compensation. The communication can be made by way of a formal claim in the form of legal proceedings, by letter, e-mail or even verbally. In practice, a lot of Claims take the form of a complaint, made either verbally or in writing, about the quality of the service / advice provided by the professional. Any Claim should be notified to us immediately. Please take particular note that it does not matter whether or not the professional considers a Claim to be totally without merit and unjustified – the very fact that a Claim has been made triggers the notification conditions of the Professional Indemnity Insurance policy.

Claim Circumstance

Unlike a Claim, a Circumstance is not so easy for Insured's to recognise and is more difficult for them to assess in the course of their day to day business affairs. A Professional Indemnity Insurance policy normally requires that any Claim Circumstance, i.e. a circumstance which ‘may’, ‘might’, ‘could’ or is ‘likely to’ give rise to a claim (“Circumstance”) is notified to Underwriters as soon as an Insured becomes aware of this occurrence. The difficulty Insured's face is not helped by the fact that different Insurers have a slightly different definition of what a Circumstance is as can be seen from the preceding paragraph. ‘May’, ‘might’, ‘could’ and ‘likely’ [ to give rise to a claim] are different words used by different Underwriters when referring to Circumstances, so Insured's will have to refer to their specific policy wording to confirm what the notification provisions specify. However, as a general guide, a Circumstance can be one or more of the following scenarios:

(1) An intimation of an intention or a threat to claim against an Insured

(2) Any known direct or indirect criticism of an Insured’s professional services, whether expressed or implied, which could give rise to a loss to a third party

(3) Any known direct or indirect criticism of a party for whom and for which an Insured is responsible, whether expressed or implied, which could give rise to a third party loss

(4) An awareness by an Insured of a failing or shortcoming in their work, or a real doubt about the efficacy of their own performance, or a party for whom an Insured is responsible, in the course of their professional business activities, which could give rise to a third party loss It should be stressed that the fact that an Insured regards an intimation of claim or criticism as unjustified and without merit does not remove the obligation from it to notify Insurers. The fact that an Insured is aware of such an occurrence at all triggers the notification provisions of the typical Professional Indemnity Insurance policy.

An Insured’s own losses ( first party losses)

The scenarios referred to above refer to claims by a third party. However, in addition to providing an indemnity for third party claims, most Professional Indemnity Insurance policies also indemnify Insured's against certain losses that they themselves suffer, e.g. loss of documents, dishonesty or fraudulent acts and criminal prosecution defence costs. Insured's should be aware of what first party losses are covered by their Professional Indemnity Insurance policy and they should notify their Insurers as soon as possible once they become aware that such a loss could arise.

The importance of prompt notification of Claims and Circumstances for clients

Most Professional Indemnity Insurance policies state that it is a condition precedent to any indemnity that an Insured must promptly notify Insurers of Claims or Circumstances of which they first become aware of during the policy period. In effect, if this condition is not complied with, Insurers can repudiate the notification and thereby refuse an indemnity to an Insured. The financial consequences to an Insured for failure to promptly notify both Claims and Claim Circumstances could be very serious indeed. If an Insured fails to notify Underwriters of a Claim or a Circumstance and their policy renews in the intervening period before notification is eventually made, then in addition to having the Claim or Circumstance repudiated ( as referred to above ), the Insured’s Insurers could elect to treat the then current policy as being voided ab initio (from inception) for failure to disclose information material to the underwriting of the risk. Obviously, this would have extremely serious consequences for any Insured.

Whilst certain professions can have special conditions that give protection to Insured's against late notification and/or non-disclosure of a Claim or Circumstance, an Insured could still end up with having to bear a higher policy Excess than would have been the case if prompt notification had been made to an earlier policy. Furthermore, the indemnity provided by Insurers could be reduced to reflect the prejudice that has been caused to their position as a result of the late notification. In addition to the direct financial effect of the aforementioned two points, a lot of valuable working hours can be lost in dealing with a policy coverage dispute arising out of late notification and/or non-disclosure.

Important to Insurers

Prompt notification of Claims and Circumstances is important to Underwriters because although an Insured normally carries a self insured Excess, they carry the main financial exposure and therefore they need as early notification as possible so that they can form some assessment of an Insured’s potential legal liability; advise on how the Insured should best proceed and, if appropriate, take over the handling of the claim or Circumstance and/or appoint a solicitor or loss adjuster to investigate the notification and assist the Insured. Whilst most Insured's are good at ‘fighting their corner’, they are not best placed to form an objective assessment of the situation. Also, Professional Indemnity disputes can be quite complex and involve legal principles outside the knowledge of the average Insured. Professional Indemnity Insurance policies operate on a ‘Claims Made’ basis, i.e. the policy responds to Claims or Circumstances which an Insured becomes aware of, and reports to Underwriters, during the policy period. In that respect, it is different to most other policies of insurance. A PI underwriter assesses a risk based on the information provided by an Insured with their proposal form and accompanying information. This information includes, amongst other things, details of all Claims and Circumstances of which the Insured is aware of that time, which are taken into account when considering whether to offer renewal terms for the risk and, if so, what premium to charge. However, Insured's should not withhold notification of Claims orCircumstances due to concerns about the adverse affect this would have on their premium.

Summary

Insured's should be aware of what constitutes a Claim or Circumstance. They should be fully aware of the notification provisions of their Professional Indemnity Insurance policy and understand the importance of prompt notification. Insured's should remember the Golden Rule, “ If in doubt, shout”, i.e. if they are at all unsure about what or when to notify they should discuss the matter with their insurance broker. A proper understanding of what and when to notify and adherence to the notification provisions of their Professional Indemnity Insurance policy should form part of an Insured's overall risk management procedures in the course of their business activities. Always ensure your clients have tailored policy coverage for their individual needs.

What to do in the event of a claim
As soon as you are aware of any circumstances which could lead to a claim, even if no formal claim has been made and it is simply an expression of dissatisfaction, you should immediately contact us for assistance. Please have your policy details to hand when you contact us.

By e-mail:-
claims@professionalindemnity.ie

By Phone:- 0818 31 30 30
(from 9:00 to 17.00 on weekdays)

By writing to:-
Claims Department
www.professionalindemnity.ie
86 South Main Street
Wexford Town
County Wexford

Important
Do not admit liability or instruct solicitors without insurers agreement. All third party correspondence, claims, writs, summons etc should be forwarded to us unanswered and without delay. We will advise you on what action is required and by whom.
Please remember that your Professional Indemnity cover is on a claims made basis and it is therefore vitally important that any intimation of a matter that may result in a claim is notified to us within 14 days of expiry of your policy. In accordance with policy conditions, notifications received after this period will not be dealt with by insurers.

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If you have not had Professional Indemnity insurance before - simply send us an E-Mail via our website www.professionalindemnity.ie with your contact details and we will contact you within 24 hours from our website or contact our Professional Indemnity team on 0818 31 30 30

If you already have an existing policy and you want a quote just send us a fax or email of the renewal form you have completed for this year and we will revert to you with our terms. All professions and occupations quoted for in addition to our Energy Assessors, Consultants & Contractors scheme cover.

Experts in Advice Insurance
Phone : 0818 31 30 30
info@professionalindemnity.ie

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