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Library: Guidance Sheets: Insurance Requirements

Introduction

We remind our customers that compliance with the standards and legislation is the surest way to avoid falling foul of the detailed policy requirements used by the majority of insurers.

In addition to the direct consequences of invalidating insurance, secondary consequences can include falling foul of legislation such as The Employers’ Liability (Compulsory Insurance) Act 1969.

Specific Fire-Safety Policy Requirements

Specific fire-safety provisions are increasingly common from insurance companies. For example:

“All premises to be insured…will… comply with the requirements of the Regulatory Reform (Fire Safety) Order 2005”

Towergate Underwriting

“In respect to your business…it is a requirement of the insurance policy that you comply with:
1. The Regulatory Reform (Fire Safety) Order 2005 (for England & Wales)
2. The Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Reg’s 2006 (for Scotland)
3. The Health & Safety at Work Act 1974…”

Lloyds underwritten Quotedesk Insurance

“[T]he Insured shall maintain all fire extinguishing appliances in efficient working order”

Royal & Sun Alliance

“The Insured must…comply with all relevant…manufacturers’ recommendations…relating to the use, inspection and safety of property and the safety of persons”

Allianz/HSBC

“Where frying apparatus is installed…the following equipment [must be] provided in the vicinity of the fryer in a clearly accessible position: (a) a fire extinguisher suitable for use on fat or oil fires and (b) a fire blanket.”

Commercial Risks

Policy Requirements for General Adherence to Law

Even without specific provisions regarding fire-safety legislation, almost all insurance policies have this covered with general provisions regarding duties of care and compliance with legislation. E.g.:

“You will take all reasonable steps to protect the property”

Zurich Business Insurance

“The Insured must…comply with all relevant legal requirements…and other regulations relating to the…safety of property and the safety of persons”

Allianz/HSBC

“You will take all reasonable steps to…comply with laws, bye laws or regulations”

Zurich Business Insurance

“You shall take all reasonable precautions…to comply with all statutory obligations and regulations imposed by any authority”

AXA Insurance

Compliance with the Law - An Implied Term

Even without any additional or specific wording, it is highly likely that a policy holder’s compliance with the law would form an implied term of their contract with their insurers. In short: the insurers are likely to be entitled to assume that their policy holders are acting within the law.

Knock-on Consequences

So, it is clear that the breaches of fire-safety law can have further knock-on implications for the insurance policies of almost all businesses: A failure to fulfil the new fire-safety laws’ requirements regarding fire extinguishers, safety signage, risk assessments, etc. will be a breach of those policies.

Help ensure you’re covered (in every way) by adhering to the recommendations of the British Standards.




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