Women's Network September 2018 | Page 37

business clique you’re taking on under the base contract. If you are at risk of being sued for $5,000,000 and you are only insured for $1,000,000 then you may be vulnerable for the shortfall. Similarly, insuring yourself can be costly and unnecessary. If you are only at risk to the tune of $5,000,000 but you are insured for $20,000,000 then you are needlessly adding to your costs. • What is Covered – Exclusions Exclusion is an express set of circumstances that the insurer will not cover under the policy. Standard exclusions are written into the ‘Policy Wording’ or into the Policy itself, often excluding circumstances of fraud, wilful misconduct, recklessness, gross negligence, or corruption. These exclusions can also include industry specific risks or likely events. • Subrogation Subrogation is when the insurance company steps into your shoes to recover money paid under an insurance policy. For example, if Simon causes a claim to be lodged against John's business, then John’s insurer will legally pursue Simon for reimbursement of the total claim cost. John's contract may require Simon to remove his rights of subrogation against John. This may increase Simon’s insurance premium. PRINCIPAL'S INDEMNITY Scaffolders are not covered under a Plasterer's Liability Policy. To protect himself John will have a contract drawn up requesting Simon to provide him with a ‘Certificate of Currency of Liability Insurance’ which names John as a principal on Simon's policy. This allows John to make a claim on the scaffolders’ policy if the scaffolder is responsible for a claim. Johns’ responsibility to provide all of his workers with a safe work environment. In the event someone is injured John may be held responsible. The injured worker can claim against his Workers Compensation insurer, who in-turn will claim against John for not providing a safe environment to work. BIG TIP Both John and Simon need to provide the information to their Insurance Broker and their Commercial Contracts Lawyer before they put pen to paper Depending on what type of work the subcontractor does will determine if John wants to be named on their policy. It could be a waste of time for John to be named on another Plasterer's insurance policy. WORKER TO WORKER CLAIMS When John discusses his contract and policy with his Insurance Broker they will look at the Excess that applies to any ‘Worker to Worker’ claims. ‘Worker to Worker’ claims is where one of John’s staff (or subcontractors) causes injury to another subcontractor. It is AUTHOR JODY WILLIAMS Director - Oracle Group Insurance Brokers www.oraclegroup.com.au AUTHOR ANNABEL HARDY Laywer - Mcaulay Legal www.mcaulaylegal.com.au Women’s Network Magazine 37