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Rural Protect Summary of CoverApril 2021 edition Provided by HB Underwriting
Why choose Rural Protect Management Liability policy? The Rural Protect Management liability policy is available to any UK registered private limited company, partnership, limited liability partnership or sole trader within the rural sector. We offer cover for • Personal liability. • Employment practices liability. • Company legal liability. • Family legal expenses insurance. Any one claim limits Each section gives cover up to the selected limit for any one claim. There is no limitation on the number of claims that can be made in any one period of insurance. Wide cover as standard Cover for shareholder/partner disputes, regulatory investigations and prosecutions, pensions administration and employee dishonesty as standard. Option to also add employment practice cover. Flexibility Cover automatically responds to most changes in your business such as the purchase of another company. Control Ability to elect to defend claims rather than settle where good prospect of success. Access to free legal and Regulatory advice Included within the cover is access to: • Expert legal, regulatory and risk management advice and support • Pro-active advice to help you avoid getting into trouble in the first place. • Unlimited access to thousands of documents and draft templates. • Advice provided over the phone, by e-mail or face to face. Provided by specialist litigation and commercial law firm, rradar. 1
2 About this document This document is a summary of the insurance cover provided by the Rural Protect Management liability policy. Therefore, it does not contain the full terms and conditions of your insurance. You can find these in the policy document. This summary is for information purposes only and does not form part of your insurance contract. A copy of the full policy wording is available on request.
3 Summary of cover Features and benefits Personal liability • Legal costs, awards and settlements for any claim or regulatory action brought against any past, present or future director, partner, proprietor, officer or employee. • Legal costs of representing any director, partner, proprietor, officer or employee at an official investigation. • £100,000 additional limit for non- indemnifiable loss for each insured person. • Costs of up to £50,000 for rradar to investigate any circumstance. • Costs of up to £250,000 for deprivation of assets. (increased limit) • Automatically gives cover on the same terms for all subsidiary companies including any subsidiaries bought during the period of insurance. • Includes claims brought in any jurisdiction including USA. • Claims against directors, officers or employees caused by the operation or administration of any pension scheme, employee benefit scheme or trust fund. • Claims arising from the exit of the United Kingdom from the European Union (Brexit). • Insolvency hearing costs incurred by rradar in any insured person's defence costs in any official investigation into your or any insured person's affairs following your insolvency or administration. • Claims against directors, partner or proprietor for an unlimited period following retirement during the period of insurance. • Claims caused by a failed public offering. • Claims against directors, partner, or proprietor for personal roles with any charity/not for profit organisation. • Automatically includes 30 days cover on the same terms following a management buy-out. • Claims by parent company. • Claims against directors/trustees for incidental professional negligence. • Only knowledge of senior directors applied to the company in the event of a claim. • Costs of up to £25,000 for directors’ and partners personal tax investigations (where a covered claim could follow).
4 Employment practices liability • Legal costs, awards andsettlements for any employment claims brought against you or any past, present or future director/trustee, officer or employee. • Legal costs of representing any director/trustee, officer or employee at an official employment investigation. • Automatically includes all subsidiary companies including any subsidiaries acquired during the period of insurance. • Claims arising from breaches of TUPE (transfer of undertakings protection of employment) legislation. • Automatically includes 30 days cover on the same terms following a management buy-out. • Civil fines and penalties included. • Only knowledge of senior directors applied to the company in the event of a claim. • Definition of circumstances defined to not include routine employment disciplinary events and dismissals. Company legal liability • Legal costs, awards andsettlements for any claim or regulatory action brought against you. • Legal costs of representing you at an official investigation. • Automatically gives cover on the same terms to all subsidiary companies including any subsidiaries bought during the period of insurance. • Claims against your business caused by the operation or administration of any pension or employee benefit scheme. • Cover up to £100,000 for all claims in each period of insurance for loss to your business due to employee dishonesty • Claims caused by a failed public offering. • Automatically includes 30 days cover on the same terms following a management buy-out. • Defence costs of up to £50,000 for any Cyber Liability claim. • Costs of up to £50,000 for rradar to investigate any circumstances.
• Costs of up to £100,000 for rradar to contact your customers/suppliers where legally required to following a breach of data protection law. • Crisis public relations costs of up to £25,000 following sustained negative social media. • Defence costs up to £100,000 for breach of contract claims. • Defence costs up to £50,000 for infringement of copyright claims. • Pollution clean up costs of up to £25,000 included, where not otherwise insured. • Regulatory mitigation cover for any self reporting. • Legal pursuit extension - Cover up to £100,000 for all claims in each period of insurance for contract disputes and debt recovery, trespass, nuisance, person removal and property damage. • Rent arbitration costs covered up to £10,000 in each period of insurance. • Common Agricultural Policy Schemes (CAP) appeals costs covered up to £10,000 in each period of insurance. • Only knowledge of senior directors applied to the company in the event of a claim. • Claims arising from the exit of the United Kingdom from the European Union (Brexit). • Cover up to £10,000 for third party electronic funds transfer, telephone fraud and third party fraud or forgery cover. • Cover for Fees for Intervention (FFI), Environmental Agency Fees and Pension Civil penalties. • Costs of up to £25,000 for rradar legal to pursue your legal rights for a breach of covenant. Tax Cover • Costs of up to £1,500 per routine tax enquiry or compliance visit by HM Revenue and Customs • Aspect enquiry by HM Revenue and Customs • Full enquiry by HM Revenue and Customs • Enquiries undertaken by the Special Civil Investigations Office under Code of Practice 8 or Code of Practice 9. Family Legal Expenses Insurance Cover Family Legal Expenses cover provides insurance to cover up to £100,000 for advisers’ costs for certain types of legal action(s) as summarised below: • Costs to pursue a legal action following a breach of a contract you have for buying or renting goods or services for your private use. • Costs to defend a legal action brought against you following a breach of a contract you have for selling your own personal goods. • Costs to pursue a legal action following an accident resulting in your personal injury or death against the person or 5
6 organisation directly responsible. • Costs to pursue a legal action for damages following clinical negligence resulting in your personal injury or death against the person or organisation directly responsible. • Costs to pursue a legal action brought before an Employment Tribunal (or its equivalent in Scotland, Northern Ireland, the Channel Islands or the Isle of Man) against an employer or ex- employer for breach as an employee of your contract of employment; or legal rights under employment laws. • Costs to pursue a legal action for nuisance or trespass against the person or organisation infringing your legal rights in relation to your main home. • Costs to pursue a legal action for damages against a person or organisation that causes physical damage to your main home. The damage must have been caused after you first purchased this insurance. • Costs to defend a legal action in respect of a motoring offence, arising from your use of a vehicle. Pleas in mitigation are covered where there is a 51% or greater prospect of such a plea materially affecting the likely outcome. • Costs incurred by an accountant if you are subject to an HM Revenue and Customs Full Enquiry into your personal Income Tax position. • Costs to appeal against the decision of a Local Education Authority (LEA) arising out of the LEA’s failure to conform to its published admission policy, which leads to your child or children being refused entry at the state school of your choice. • Costs to pursue legal proceedings within the territorial limits by you in respect of a probate dispute involving the will of your deceased parents or grandparents, children, step-children or adopted children where you are contesting a will as a named beneficiary or as a member of a class of beneficiaries with an immediate interest. • Costs arising from Identity Fraud • Costs in a legal action to defend your legal rights in the circumstances shown in the wording arising out of your work as an employee. • Costs in a legal action to defend your legal rights arising out of a formal investigation or disciplinary hearing brought against you by any trade association or professional or regulatory body. • Costs to pursue a legal action following your unlawful eviction from a property occupied by you under an Assured Shorthold Tenancy. Cover under this section applies to your permanent place of residence only. • Costs to pursue a legal action against a landlord following a material breach of a tenancy agreement. The ‘material breach’ is a breach which has resulted in, or if not rectified is likely to result in the property being unfit for habitation. • We will pay a daily rate for the duration you are off work while attending jury service for each whole day of such attendance providing these costs are not recoverable from your employer or the
7 court. • Following defamatory comments made about you through a social media website, standard advisers’ costs to write one letter to the provider of the Social Media website requesting that the comments are removed. Where the authors’ identity of the defamatory comments is known, you are also covered for standard advisers’ costs to write one letter to the author requesting that the comments are removed from the social media website. • Following defamatory comments made about you through a social media website, standard advisers’ costs to write one letter to the provider of the social media website requesting that the comments are removed. Where the authors’ identity of the defamatory comments is known, you are also covered for standard advisers’ costs to write one letter to the author requesting that the comments are removed from the social media website. • Legal costs and expenses to pursue legal action against a domestic employee or ex domestic employee to recover possession of premises owned by you, or for which you are responsible provided that you have correctly issued and served all appropriate statutory and/or contractual notices to the domestic employee or ex domestic employee to obtain physical possession of the premises. • You are covered for advisers’ costs in order to appeal against the suspension, revocation, curtailment, amendment, or refusal to renew the firearms or shotgun licence. • The section also provides the following assistance services: • a 24/7 legal helpline to discuss any taxation or legal problem arising during the period of this policy; • debt counselling helpline; and health and medical information service.
8 rradarstation’s unlimited Telephone and email advisory service are available for you enquiry service and your nominated employees with unlimited access; offering your business the right business related regulatory and legal advice. Staffed by UK based legal advisors, solicitors and regulatory experts, who are contactable via email or phone Monday to Friday between 8am-6pm. They provide one-to-one guidance to help you manage and minimise business risks before they get to crisis point or costly legal claims. Additional services included rradar is a specialist litigation and commercial law firm that uses legal expertise and digital tools to proactively manage, advise and deliver business solutions to reduce business risks, and is included in your Rural Protect Management Liability Insurance. rradar gives you the tools and support to confidently run your business in compliance with relevant legislation, while expertly guiding you to safety if problems do arise. At any stage of your policy, rradar’s team can answer your questions, educate your business, and advise on legal and regulatory issues that your business could face, including: • Human resources and employment law • Health and safety and environmental regulations • Corporate manslaughter • Tax • Money laundering • Bribery and corruption and anti-competitive practices • Plus advice on corporate governance, directors and shareholders duties, commercial contracts, intellectual property, data protection, GDPR, cybercrime and motor offences. Cover includes Pro-active advice to help you avoid getting into trouble in the first place:
9 rradarstation’s online* resource Unlimited access at any time, to rradarstation’s online digital hub. If you have a legal question and need advice quickly, then rradarstation is your first port of call. Whether you require a contract template or examples of corporate letters, each written and verified by rradar’s legal professionals, you will find the answers you are looking for at rradarstation. 24/7 Crisis Legal Helpline If a crisis arises, you can call rradar’s business crime crisis line 24/7 and speak directly to their Legal Services Teams who will advise on how to best work with the Police, Health and Safety Executive and all investigating and regulatory bodies. Advice can be provided over the phone, by email, or face to face wherever needed. rradar will provide on-going support throughout a case and aim to provide advice to prevent the same problem from happening again in the future. rradargrace* Your business’ virtual legal assistant: for instant legal support, no matter where or when you need it. Download rradargrace as an app to your smart device/ phone or use her online and she will answer your business-related FAQs and deliver you guidance, tools and templates, using predictive text and voice recognition or the click of a button. Fast, intelligent and incredibly easy to use, rradargrace is a market-leading, legal tool and is available to you, under this policy.
10 Keeping you up-to-date Through regular updates on regulatory changes, ever- expanding legal support and the quarterly update of key resources and support tools available to you; your policy never stops improving for you. www.rradar.com will provide even more information including upcoming reporting tools, education, training, podcasts, webinars and more. Legal privilege rradar is a fully authorised and regulated legal This means that legal advice, or communication with rradar because of specific claims against you, may not be disclosed against you in related legal proceedings. Peace of mind for you. *Digital access You will need your rradar services account details to log-in to rradarstation online or rradargrace. Please check your email account for an email from rradar with these details, from when you took out the policy, or speak to HB Underwriting to request rradar services access. Rradarreport* rradarreport is your digital platform for prompt recording of near miss, minor and major incidents in your workplace. rradarreport is designed specifically to help your business easily document, manage and respond to health and safety risks across the organisation. Login through rradar.com or download ‘rradareport’ from the App store or Google Play store and log in with your rradar account details.
11 Limits of cover available Select from the following limits £100,000 £250,000 £500,000 £1,000,000 £2,000,000 £5,000,000 £10,000,000 The Family legal expenses insurance is included up to £100,000 and increased limits above this are not available for this section. Unless stated otherwise, the limit of cover applies to each and every claim and includes defence costs, settlements or awards made.
4 12 Significant or unusual exclusions and limitations Exclusion or limitation Applicable section(s) Deliberate or dishonest acts and deliberate breaches of regulation exclusion (after a court finding or admission of liability). All Past claims, matters known or litigation commenced prior to start of the policy exclusion. All Claims made after a take-over or merger exclusion. All Claims outside of the United Kingdom exclusion. Employment practices liability and Company legal liability Non compensatory payments exclusion. Employment practices liability Costs incurred in any debt recovery claim up to £10,000 shall not exceed 50% of the total amount of the claim. Company legal liability / Pursuit cover / Debt recovery Products exclusion. Company legal liability Contractual payments exclusion. Employment practices liability Claims arising from the operation of a defined benefit pension scheme exclusion. Personal and Company liability Breach of professional duty exclusion. All Fines and penalties imposed exclusion for criminal All acts. Direct claims directly relating to bodily injury exclusion. All
13 Standard excesses (applies to defence costs and awards or settlements) Section of cover Excess Personal liability. £Nil Employment practices liability. £10,000 each and every claim including defence costs. The standard excess will reduce to £1,000 where the advice of the employment helpline is followed for any matter that may lead to a claim. Any applicable excess will only be charged at the end of a claim and will not apply to a successful defence. Company legal liability. £2,500 other than: 1) Employee dishonesty - £1,000 each and every claim 2) Routine tax matters - £100 each and every claim
14 Policy duration This is an annual renewable policy. Applicable law You and we can choose the law which applies to this policy. We propose that the Law of England and Wales apply. Unless we and you agree otherwise, the Law of England and Wales will apply to this policy. Making a complaint If you have a complaint about your policy you should contact your insurance broker who sold you the policy or HB Underwriting Agency Limited. If your complaint relates to a claim on your policy please contact the department dealing with your claim. If we have given you our final response and you are still not satisfied you may be eligible to refer your case to the Financial Ombudsman Service (FOS). If applicable, you will receive details of how to do this at the appropriate stage of the complaints process. Financial Services Compensation Scheme (FSCS) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme in the unlikely event we cannot meet our obligations to you. This depends on the type of insurance, size of the business and the circumstances of the claim. Further information about the compensation scheme arrangements is available from the FSCS (www.fscs.org.uk). Underwriter This policy is underwritten by AXA Insurance UK plc. The Family Legal Expenses Insurance section of this policy is administered by Arc Legal Assistance Ltd and underwritten by AmTrust Europe Limited.
21-100_A4_V2Rural Protect and Rural Protect Elements are trading names of H B Underwriting Agency Ltd registered in England and Wales, Number 09278745.Registered Oce: The Vines, 29 Market Place, Malton, North Yorkshire, YO17 7LP England. Tel: 01653 609090. HB Underwriting Agency Limited is authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is 914354. AXA Insurance UK plc, registered in England and Wales No 78950. Registered Oce: 20 Gracechurch Street, London EC3V 0BG. A member of the AXA Group of Companies. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Arc Legal Assistance Limited, The Gatehouse, Lodge Park, Lodge Lane, Colchester, CO4 5NE. Registered in England and Wales with Company Number: 4672894. Arc Legal Assistance Limited is authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is 305958.01653 609090enquires@hbunderwriting.co.ukThe Vines, 29 Market Place, Malton, YO17 7LPwww.ruralprotect.co.uk