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15 February 2017

Is your Liability Insurance adequate?

By J W Seagon and Co Insurance Brokers

Atta members may have seen the article of 8th February by the associations legal adviser, Alan Bowen regarding the terrible events in Tunisia in 2015. At the end of the article, Mr Bowen also made reference to another case against the same Tour Operator in relationship to the Operators responsibility for cases of food poisoning happening at resorts.

We will not make any comment on the legal action regarding the Tunisian victims, there has been a great deal written and both sides of the argument seem to have a different view.  Instead, we will bring to your attention the second part of the article in relation to the significance of the case against TUI and the outcome of the court of appeal ruling. To ensure we have not distorted the facts, the article linked here will explain the outcome and significance.

https://www.ttgmedia.com/news/news/tui-loses-food-poisoning-case-in-landmark-ruling-8823

So, what do Atta members need to consider in light of this decision? Well, simply, you must check the adequacy of your Liability insurances. JW Seagon Group has been emphasising to clients and prospective clients the importance of checking their insurance covers. We are pleased to know that JWS clients are suitably covered, but there will be some members who are exposed. Many covers we have reviewed have a basic Public Liability policy, or limits are inadequate or more importantly, they do not have a Worldwide jurisdiction extension, often limited to the country where the policy is issued or at best Worldwide but excluding the vital USA/Canada option. In addition, they are missing the most important extension of cover for Tour Operators - Professional Indemnity cover.

Of course, there are arguments on both sides of the legal landscape…’are we liable or aren’t we?’ or ‘’is this claim correctly directed to us or not?’ or, ‘can a claim be brought outside our jurisdiction?’ All very fair questions, but faced with a lawsuit what do you do next? Put your hands in your pocket and pay an international legal firm to defend you or purchase adequate insurance cover and let the lawyers handle it?

JW Seagon Group’s Safari Plan has all the extensions you need as standard to ensure that these possible eventualities are taken care of for you. Please check your insurances very carefully; you may be badly exposed and only find out when it is too late.

We are always very happy to carry out a “no cost, no obligation” review of members covers.