insurance policy clause in contract

[tractor]

...

And are you an employer? Probably not.

"adequate employers’ liability insurance".

I had that taken out of my current contract (along with product insurance as I'm not a developer) because I'd hardly sue myself...

At the point that this became optional, insurers began bundling it all together with PL and PI, presumably so they could continue charging for it whether you wanted it or not.

[Taita]

We do audit that insurance is in place and I've not had an instance where the level of cover is lower than we need.

I review the contract suitability with our legal team every time there is a new piece of legislation. You will be delighted to know this has been annually over the past few years.

If you are lucky enough to secure an assignment with one of our brands I'd be more than happy to negotiate our archaic contract with you

"professionally reviewed as the wording"

The wording, Andy, is 'inadequate'. Get real and put a figure on the insurance level you require.....then we all know where we stand!

Why would I be 'lucky' to secure an assignment with one of your brands? Is it something I said?

[northernladuk]

"professionally reviewed as the wording"

The wording, Andy, is 'inadequate'. Get real and put a figure on the insurance level you require.....then we all know where we stand!

Why would I be 'lucky' to secure an assignment with one of your brands? Is it something I said?

How the hell would Andy know what outages would cost the business. No disrespect to Andy but he is an agent.

[TheFaQQer]

And are you an employer? Probably not.

"adequate employers’ liability insurance".

I had that taken out of my current contract (along with product insurance as I'm not a developer) because I'd hardly sue myself...

No, but you might need to take someone on as a substitute who isn't operating via their own limited company.

[TheCyclingProgrammer]

No, but you might need to take someone on as a substitute who isn't operating via their own limited company.

At which point you ensure you're covered, surely?

[TheFaQQer]

At which point you ensure you're covered, surely?

Possibly - I was merely pointing out why it's likely to be in there in the first place.

Already having the insurance in place indicates an expectation of being able to use a substitute who was an employee.

[Taita]

How the hell would Andy know what outages would cost the business. No disrespect to Andy but he is an agent.

Most insurances have pre-set limits. Corporates and Public Sector organisations stipulate minimum levels of insurance. Why should agencies not do the same?

[northernladuk]

Most insurances have pre-set limits. Corporates and Public Sector organisations stipulate minimum levels of insurance. Why should agencies not do the same?

LOL. Really?

TF is your big brother it seems so I will let him explain.

[Wanderer]

I will be turning down the role - apart from the unlimited cover required it doesn't work from an IR35 perspective either. Shame, it sounded a good gig.

You do understand that it's your company that is entering into the contract and your company has limited liability, don't you? So if something went wrong and the company was sued then you would just cease trading and start a new company the next day. You don't stand to lose very much at all - think about it, why else would they offer cover for a multimillion pound risk for a few hundred pounds?

I wouldn't turn down a gig just because of that. I honestly don't see what the problem is here. Get a standard insurance policy with whatever amount you feel comfortable with and get on with running your business.

[sigma]

You do understand that it's your company that is entering into the contract and your company has limited liability, don't you? So if something went wrong and the company was sued then you would just cease trading and start a new company the next day. You don't stand to lose very much at all - think about it, why else would they offer cover for a multimillion pound risk for a few hundred pounds?

I wouldn't turn down a gig just because of that. I honestly don't see what the problem is here. Get a standard insurance policy with whatever amount you feel comfortable with and get on with running your business.

No I didn't realise that a company could fold to avoid liability. Would that be when a law court has awarded damages which exceed the liability insurance cover the contracting company has, or as soon as the writ has been issued?

I didn't make it clear, but the reason the job was turned down was because the contract smelt badly of IR35. I would have happily signed were it just the (incredibly small) risk of liability. Happy to take the work, slightly uneasy about signing contract with dumb-ass legalese.

It surprised me that liability cover was written into a contract in a nonsensical way. I wondered if you could argue in court that because of how the clauses were worded it would be impossible to secure "sufficient" cover and therefore the claim was voided.