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Prof indem insurance versus public liabillity

Something I have not fully understood for a long time.

Let`s see if someone can enlighten me . A simple practising Sparks from the Norf of our country (England) or should that be from the Norf of our nation? (Britain or UK).

Anyway.

I set up as a self employed electrical contractor for say 10 years.

I decide to get insurance cover. Let`s leave employees or subcontractors aside for now.

So I get cover and renew every year for each of those 10 years.

After those 10 years I stop trading and cease all cover premiums. That`s it.

My public liability insurance covers me for hurting someone or damaging their property.

So any hurt or damage that is caused by something I do or omit to do during that 10 year period is covered.

Now my questions :-

Q1/   in year 11 or onwards something happens and someone is hurt or damage is caused by some of my actions during the 10 year insured period the is that covered by the insurance I had in place at the time? ref public liability insurance.

Q2/   ditto situation for advice I gave during the insured period and someone suffers damage as a result but again from year 11 onwards? (Periodic/ EICR would be a good example).

What is the answer in each case - is it yes or no?

Q3/   If yes then is the answer yes to both questions?

Q4/   If no then is the answer no to both questions?

Q5/   If the answers to Q3/ and/or Q4 are not identical then why is that?.

To my simple mind I would have thought that each of those insurances should cover what I did or advised when I did it or advised it and cover that subsequent liability for as long as I might be held to account for it by any law.

I consider that this discussion is very much "Wiring and the Regulations" related to all of us.

Parents
  • It's all in the contract, but run-off cover may be advisable.

    Public liability is less likely to be manifest after the event, so if a plumber trips over your equipment and suffers an injury, this insurance would cover you. Self evidently, once you have left the site, you are not going to cause any further harm to anybody else.

    Professional indemnity cover is for giving professional advice or an opinion, so design and EICR. Clearly, design errors or the consequences of a drive-by EICR may not be evident immediately.

    The Limitation Act 1980 gives a claimant 6 years from the date of damage occurring to put in a claim so run-off cover would normally be maintained for that period.

    The longer time has elapsed since the work was done, the more difficult it will be to prove causation.

  • It's all in the contract,

    Only a Court can decide that ...

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