The most common type of liability that arises to any organisation is what we understand as public liability.
Public Liability. -Public Liability Insurance offers cover for third party liabilities (Bodily Injury / Property Damage) arising out of the premises and operations of the Insured and legal costs incurred in connection therewith.
All Industries and commercial establishments have the potential to affect third parties (i.e. members of the public, visitors, sub-contractors, etc.). One of the main potential loss that can be caused – is the potential physical injury or property damage to these
third parties or both. This exposure of bodily injury to third parties and/or property damage to third parties is covered under the Public liability Insurance.
WHO SHOULD BUY
The public liability exposure is higher for places with high number of third-party footfalls such
as theatres, stadiums, hotels, malls, shopping complexes and the likes. The type of
claims that would arise mostly from such public places are usually “slips and trips”
claims– where the insured is being sued for a slip/ fall by a third-party visitor to the
premises from inadequate warnings (like “wet floor”, “watch your step”) or poorly
managed facilities and infrastructure. In places with high number of footfalls, these
type of claims can be high on frequency but are almost always low in severity. Similar
other exposures could arise from the food and beverages including alcohol consumed
at such places.
There are other public liability exposures that are usually low on frequency but have
the potential to be high on severity - these would include exposures from industries to
members of the public at large. An unexpected discharge from the factory can pollute
surrounding areas and result in bodily injury to the public or property damages such
as damage to crops/ agricultural land.
The public liability insurance that is brought by insured organization would provide
protection for legal liability arising from such incidents. The policy would pay for
defence costs and damages awarded against our insured.
Public liability policy is offered on a claims-made basis - this implies that the policy
would respond to claims made against the insured during the policy period for
wrongful acts that occur on or after the retroactive date. The policy pays for defence
costs incurred by the insured and any damages that may be imposed against the
insured.
KEY EXCLUSIONS
• Intended injury
• Contractual liability
• Workmen’s Compensation liability
• Employer’s Liability
• Property being worked upon
• Aircraft, Automobile, or Watercraft Liability
• Fines, penalties, punitive, exemplary damages
• War