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Public
Liability
This
provides indemnity in respect of liability
at law for damages:
- arising
from injury to third parties, or damage to their property resulting
from the ownership and not occupation of the property
- arising
out of nuisance or trespass which the Insured may commit and
any rights, such as right of way, with which the Insured may
interfere
and
covers:
- the
Insured’s legal representation costs
- legal
defence costs in respect of prosecution brought under the Health
and Safety at Work Act
- liability
for payment of claimants costs and expenses.
The
main exclusions are liability to employees, liability risks more
properly insured under other policies such as motor or professional
indemnity, liability for remedying defects in properties disposed
of and pollution, which is not sudden and unforeseen.
The
limit of indemnity should reflect the rapidly rising level of damages
being awarded by the courts for injury claims. We recommend a minimum
of £2,000,000 though higher limits are available with limits
of £5,000,000 now the standard for block policies.
An
important factor in determining the premium is the type of lease
and whether the Insured is responsible for maintenance and repair
of the property. Where the lessee is responsible for maintenance
under a full repairing lease, the Insured’s responsibility
is reduced and this would be reflected in the premium. Other factors
influencing the premium are the size, location, nature and general
condition of the property as well as the type and number of tenancies.
Employers
Liability
Where
the Property Owner has a direct employee(s), such as a caretaker,
we would recommend the Employers Liability be placed under the business
insurance policy. Where this is not possible this can be added to
the Property Owners Insurance policy.
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