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Liability Insurance

Start Date:
05 Nov 2017
5 Days
QAR 5000

Liability insurance is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he or she is sued for claims that come within the coverage of the insurance policy. Originally, individuals or companies that faced a common peril, formed a group and created a self-help fund out of which to pay compensation should any member incur loss (in other words, a mutual insurance arrangement).

The modern system relies on dedicated carriers, usually for-profit, to offer protection against specified perils in consideration of a premium. Liability insurance is designed to offer specific protection against third party insurance claims, i.e., payment is not typically made to the insured, but rather to someone suffering loss who is not a party to the insurance contract. In general, damage caused intentionally as well as contractual liability are not covered under liability insurance policies. When a claim is made,[1] the insurance carrier has the duty (and right) to defend the insured. The legal costs of a defense normally do not affect policy limits unless the policy expressly states otherwise; this default rule is useful because defense costs tend to soar when cases go to trial.

This course serves as an inroduction to Liability Insurance.

Upon the completion of this course, the participant will be able to:

  • Discuss the law of torts and its implication on liability insurance
  • Apply the cover of employer’s liability insurance and its practices to relevant underwriting and claims considerations
  • Contrast the cover of employer’s liability insurance with that of workmen’s compensation insurance
  • Examine the cover of public and  product liability insurance and its practices to relevant underwriting and claims considerations
  • Apply the cover of professional indemnity insurance and its practices to relevant underwriting and claims considerations
  • Discuss the cover of directors and officers’ liability insurance and its practices to relevant underwriting and claims considerations
  • Explain the interrelation between different types of liability covers

Target Audience:
Insurance employees, Brokers, Agents, Loss Adjusters, Employees who manage insurance in non-insurance companies.

Course Structure
The course is conducted via a combination of lectures; case studies; role plays; and videos, where applicable.

Program Contents:

  • Legal personality
  • Nature of tort / Defences and remedies in tort
  • Negligence, trespass, nuisance, defamation and strict liability
  • Law of contract
  • Limitation of actions
  • Compensation awards in liability insurance
  • Public liability insurance policy
  • Employers liability insurance and workmen’s compensation
  • Products liability policy
  • Professional indemnity, errors and omission and directors and officers indemnity insurance
  • Underwriting and rating of liability insurance.

Day Topics to be covered

  • 1 The risks, cover & practices of public and product liability insurance
    • Risks
    • The liability of organizations in general;
    • The main risks inherent in key occupations & activities
  • Policy coverage
    • The various triggers under different wordings – occurrence, claims made;
    • The different forms of wordings
    • Legal costs;
    • Typical market exclusions;
    • Financial loss extensions and products’ guarantee/recall policies.
  • 2 Market practices
    • Key underwriting information;
    • The common rating bases.
  • The risks, cover and practices of professional indemnity insurance
    • Risks
    • How liability arises in law;
    • The tort of negligence – the definition of negligence;
    • The duty of care, foresee ability and proximity;
    • The duty of care concerning negligent misstatements;
    • How liability arises in practice
  • 3 Policy coverage
    • The operative clause – claims made;
    • Breach of professional duty and dishonesty;
    • The limit of indemnity;
    • Costs and expenses;
    • Typical policy exclusions, extensions and conditions;
    • Typical claims notification conditions
    • Market practices
    • Typical proposal form information;
    • Underwriting rating factors.
  • The risks, cover and practices of directors’ and officers’ liability
    • Risks
    • The statutory liability of directors and officers
    • Personal liability;
    • How liability arises in practice
  • 4 Policy coverage
    • The operative clause;
    • Typical exclusions;
    • The Limit of Indemnity;
    • Typical extensions
    • The operation of policy covers on merger or takeover.
  • Market practices
    • Typical proposal form content and accompanying information;
    • Proposal form declaration and signature;
    • Underwriting rating factors;
  • The management and evaluation of liability risk
    • Risk Management;
    • Typical underwriting information;
    • Risk improvement options;
    • The impact of other legal systems on liability underwriting;
    • Evaluating the historical claims record – the main approaches in outline.
  • 5 The nature of employers’ liability risk Workplace legislation
    • The duties of an employer and how they are discharged
  • The cover and practices of employers’ liability insurance
  • The main considerations of liability underwriting
    • The operative clause – triggering events, cover of costs;
    • Underwriting the risk – main rating factors, determining claims costs;
    • Policy conditions
    • Indemnity limits

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