Understanding the implications of policy exclusions following Covid-19

As promised, following on from the session delivered by Adam Edwards of Freeth’s, we are now pleased to confirm that we have arranged the second session in the series addressing the BI Test Case Judgment and its implications for general insurance practitioners, both insurers and brokers.

This highly topical and timely webinar is being delivered by Alan Chandler one of the most popular presenters in the UK.

We know pretty much the whole market will apply some sort of pandemic exclusion for pandemics/covid-19 or more worryingly the words communicable diseases will be used, this starts bringing all sorts of extra scenarios that will be excluded for clients. Importantly, this will be for liability as well as property and Bi and could leave a policyholder with a lawsuit that is not covered by their insurance policy.

How exclusions are worded will be incredibly significant, with some proposed wordings being very scary indeed. An example being 'losses whether caused directly or indirectly by communicable diseases are excluded' - this does not look too scary, but it is! if a fire engine is delayed getting to a fire because the part time crew were in pandemic lock down then this loss may not be covered, the disease does not have to be the proximate cause with this proposed wording.

All insurance staff need to understand the law relating to exclusions. This webinar will take delegates on a plain English walk on how the law applies to policy exclusions and proximate cause, so that they can explain to clients clearly and confidently the implications of the differing communicable disease exclusions that will be applied to your policyholders wordings.

This webinar is suitable for brokers, underwriters, claims staff and loss adjusters.

Learning Objectives.

Staff will be able to understand:

• How the law views insurance policy exclusions.
• How the Consumer Rights Act, Unfair Contract Terms Act and Employers Liability Act deals with insurance exclusions.
• How proximate cause applies in insurance.
• What is an insured peril, uninsured peril and excluded peril and what happens if more than one acts together.
• What if the insurer excludes a cause whether caused directly or indirectly by a peril (sometimes known as the proximate cause or not) and why this must be resisted if possible.
• The likely legal position around the proposed communicable disease exclusions on first party claims.
• The likely legal position around communicable disease exclusion on third party claims - including looking at the H&S at work regulations 1999, H&S at work act 1974, also looking at could negligence be established against a policyholder under public liability.