UKTC Archive

Re: Time to think - INSURANCE

Subject: Re: Time to think - INSURANCE
From: Ian MAY
Date: Dec 23 2003 11:46:40
"" 12/22/03 10:22pm >>>wrote;
If you employ someone, you are responsible for their EL insurance.  Just
because they may have their own personal insurance protection, or have EL
for anyone working for them, strictly speaking you are still the employer.
You cannot ascribe your legal responsibilities to others.
While working for you their insurance is superfluous.  In general terms, if 
you insure to a level that is regarded by the
profession as being appropriate, or to a client's requirements, a court is
unlikely to make an award that exceeds your insurance cover.  This is on the
basis that in effect you have acted reasonably.
You will note that the level of cover for EL is sometimes unlimited, but
often £10mill for each event!
Play safe and disregard your employees'  EL insurance - make sure that YOU
are covered.
Jim Q

Just to pick up on one point Jim, and pursuing this train of thought, if our
cover was for £10K and not for "£10 mill for each event" and the court was
"unlikely to make an award that exceeds your insurance cover", then we would
not be in the insurance mess we are in today.
IMHO the insurance world created this monster born from pure greed and we are
left to nurse the wounds not of our volition.
We justifiably reserve the right to be thoroughly p*ssed-off. To pick up on 
Ken's and Cameron's point:
Our private clients seemingly carry no liability in employing us, and as
"consumers" they are quick to demand their cosseted rights. However they
"employ" us and we don't expect to see THEIR insurance documents because the
Courts concentrate on the contractor not the commissioner when the sh*t hits
the fan.  The devil in me would love to see a test case that chooses not to 
pillory the
contractor for a change because the contractors currently appear to be second
class citizens and a soft target.

Perhaps contractors rights will become the latest cause celebre for liberal
middle Englands bored retired activists. Yeah right and Santa won't let me
down again this year.

Nevertheless this is Christmas and I still believe.

Best Wishes Ian..................


The UK Tree Care mailing list
To unsubscribe send

The UKTC is supported by The Arbor Centre