Chapter 21


Insurance

Deciding what insurance you should have must rate as one of the least exciting decisions you have to make for your business. Paying out money to cover you against hazards, which you fervently hope will not happen, ranks fairly low in satisfaction. But it should rank quite high in priority. Failing to get the right insurance might mean the collapse and end of your business.

There are two different categories of business insurance:

  1. Insurance you must have by law.
  2. Insurance you could consider to cover risks and disasters.

Buying the insurance

Not only do you want the right sort of insurance, you want it at the right price and with the right company. The obvious place to start your search for your business insurance is with an insurance broker*. A broker can, in theory, deal with the full range of insurance companies and should be able to find the lowest quote for you. Note that the cost of the insurance may vary depending on the location of the business; at the extreme, you may find it difficult or expensive to buy insurance for some areas.

Insurance companies, brokers and other intermediaries are regulated by the Financial Conduct Authority (FCA)*. It is illegal for a firm to trade without being authorised by the FCA and, provided you deal with an authorised firm, you are protected by complaints procedures and a compensation scheme if anything goes wrong. Firms are also required to treat customers fairly and to comply with rules about how they conduct business, which includes finding out enough about your needs and circumstances to recommend only a suitable policy and drawing your attention to any unusual or onerous terms in the contract. Under the FCA rules, you must be given information about the main features of the policy. This may be in the form of a standardised policy summary that carries a ‘key facts’ logo and is designed to help you more easily compare one policy with another.

You can check if a firm is authorised by the FCA by using the Financial Services Register*. You can get a list of brokers in your area from the British Insurance Brokers’ Association (BIBA)*, a trade body that also sets standards of practice for its members. If you prefer to deal online, using a search engine will give you a long list of online companies and brokers.

Be aware that, if you search for insurance online, comparison web sites do not necessarily cover the whole market and may be earning commission when you ‘click through’ to buy online. The search filters may also not reflect all the factors that are important for your particular circumstances, so you should check the terms and conditions of the insurance policy carefully before you buy to make sure it is suitable. If you do use comparison sites, it’s a good idea to check with more than one before you make your final choice of policy.

Insurance you must have

1. Employer’s liability

You must have insurance to pay out for your legal liability if one of your employees is injured or ill as a result of working for you and you have been negligent. The amount of cover (the amount of money the insurance company will pay out if you claim) must be at least £5 million. That sounds a lot, but might not be enough – most policies give cover of at least £10 million. The law also requires you to exhibit a certificate of employer’s liability insurance at each place of work.

Premiums for employer’s liability insurance have soared in the past few years. There is anecdotal evidence that some employers, no longer able to afford cover, are making do without it. Don’t be tempted to follow this course. It is illegal to carry on a business in which you employ people if you do not have this cover, and you could be personally financially ruined if an employee has an accident at work and claims against you.

You do not need employer’s liability insurance if you are not a limited company and the only people you employ are close family members (including your spouse, civil partner, children, parents, grandparents, brothers or sisters). You do not need this insurance if you operate as a limited company, you own at least 50 per cent of the shares and you are the only employee.

2. Motor insurance

You must insure your liability to others, known as third-party liability, which occurs because of a car crash or other motor vehicle accident. This includes death or injury to anybody (but not your employees while working, as they are covered by employer’s liability insurance, see above) and damage to third-party property including other vehicles.

A further addition to third-party cover that could be worth your while is fire and theft cover. Finally, if you want to get cover for accidental damage to your vehicles, regardless of who is to blame for the accident, you want a comprehensive insurance policy.

If you have a car or other vehicle for your own private and social use, and you want to use it for your business, you should tell your insurance company. You may need to pay an extra sum to get it covered for business.

Be clear about what the car is going to be used for when you fill in what is known as the proposal form (the form you fill in to apply for the insurance). You will probably have to pay extra money if the car is used for some purposes, such as by a sales rep. Failure to tell the insurance company may mean that it will not pay out if you make a claim.

3. Insurance needed by contracts or hazards of your business

Check all the contracts you have (for example, under a lease or hire purchase agreement or with a client if you offer a service, such as event management) to see what insurance you are committed to get. Assess all the hazards in your business outside of employers’ liability and make sure you are covered if the risk is unacceptable.

4. Engineering equipment

By law, certain equipment, such as pressure vessels and lifting tackle, has to be inspected and passed as safe at regular intervals. You can combine the maintenance with an insurance policy to cover you against the risk of explosion, accidental damage and breakdown.

Other insurance you can get

1. Insurance against fire and other perils

This covers destruction or damage to your buildings and contents through fire. You can also be covered for other risks, such as lightning, explosion, aircraft, storm, flood, riot and malicious damage. Standard business property insurance normally specifically excludes loss or damage caused by terrorism, but you can buy back this cover for an extra premium. If you work from your own home, you will still need to get your own insurance policy and there are some special schemes available – consult an insurance broker*.

Worth getting? Yes.

2. Insurance for loss of profits

This covers you if your business is disrupted by fire, flood or some other insured peril. It can pay out money to pay your employees, maintain your profits and pay for the extra cost of temporary replacement premises. These ‘business interruption’ policies normally only cover incidents where the interruption stems from damage to your business premises. However, you can separately buy ‘contingent business interruption’ insurance to provide cover where the disruption to your business is from some other cause, such as an epidemic, transport disaster or a strike at your suppliers or customers. (You cannot buy cover against a strike by your own workers.)

Worth getting? Depends on your business. In most cases, yes to standard business interruption insurance; but if your business is small with few employees, and you could easily find somewhere to work, for example, your home, you may not consider it necessary. Note that using your home could cause problems with insurance, so check with your insurance company. Rather than insure for full loss of profits, you could consider insuring for the cost of finding somewhere else to carry on working. In the case of contingent business insurance: probably not worth getting unless your business is particularly vulnerable. You might consider other ways to manage risks, for example diversifying your supply chain or customer base to lessen the impact of third-party strike action.

3. Insurance against theft

This covers you for loss or damage to the contents of your premises. Theft for insurance purposes means that someone has forced an entry to or exit from your workplace, so if you want to be covered against theft by your employees or visitors, you’ll have to pay extra and get fidelity insurance.

Worth getting? Yes.

4. Loss of money

Cash and near-cash, such as cheques and stamps, can be insured against theft from your premises or from the homes of directors or employees of your company or in transit.

Worth getting? Yes, if your takings are in cash. Otherwise, no.

5. Goods in transit

This insurance covers loss of or damage to your goods in your own vehicles, or other means of delivery, such as post or road haulier.

Worth getting? Probably, unless you don’t sell in this way.

6. Trade credit insurance

This protects you against your customers failing to pay. You probably will not be able to get this insurance until you have been in business for some time.

Worth getting? Probably not, if you deal mainly in cash or payment on delivery. For selling on credit, by the time you can get this insurance, you will be able to work out for yourself how likely a problem bad debts will be. It is probably better to operate good credit control (p. 333) or use a factoring service (p. 337). However, if you have only one large or a couple of big customers, you should have credit insurance.

7. Public liability and product liability

This will cover your liability to visitors and members of the public if your business causes injury or illness to them or damages their property. Product liability insurance covers you for these risks, which occur as a result of the goods you are producing, selling or repairing up to a limit each year.

You need to make sure that the amount of cover is high enough. Damages in the courts have been as high as £1 million. You may need cover for more than this, especially if you do business in the USA.

Worth getting? Yes. With product liability, you may not need it if your products are very unlikely to cause damage or if yours is a service business.

8. Professional indemnity

If you are the type of business where the end-product is expert advice, this insurance can cover you against claims from your clients for damage caused by your negligence or misconduct. If you work in a regulated industry, you may have to buy this cover before you will be allowed to trade.

Worth getting? Yes. These sorts of claim are on the increase.

9. Legal expenses

This insurance would enable you to pay for legal assistance if you are involved in a contractual or employment dispute, plus some other legal procedures.

Worth getting? Probably not. Most legal disputes are generally in the employment field. It would be far better to concentrate on getting well organised in this area to cut the risk of being taken to a tribunal and charged with unfair dismissal or breach of contract, for example.

10. Key person (keyman) insurance

If your business is heavily dependent on one or a few people for its future success, you can get keyman life insurance, for example for a sum of £250,000 to be paid to your business in the event of one of those people dying or being ill for a considerable period. To get cover, you must be able to prove the person’s death would cost your firm money.

Worth getting? Yes.

11. Other insurance

There are some other types of insurance that you should consider, depending on your business. These include:

  • glass breakage, which is important for shops;
  • cover for frozen food;
  • computers and computer records;
  • fidelity insurance, which covers you against fraud or dishonesty by your employees;
  • business machines and equipment;
  • agricultural and fish-farming operations;
  • directors’ and officers’ liability, important if you have other shareholders.

Insurance for you and your family

If you and your family are not covered by insurance for various personal mishaps, you may find it difficult to carry on your business, so do not neglect your personal needs. Almost everyone should have life insurance, income protection insurance and a pension plan.

Make sure that you and your spouse/partner have enough life insurance to protect you in the event of your early deaths. For this purpose, do not go for the sort of life insurance that is really an investment but go for term insurance, family income benefit, mortgage protection and so on.

Income protection insurance would pay out an income if you were too ill to work and could pay for a temporary manager. You should consider this carefully. And do not forget pensions, which are covered in detail in Chapter 30, ‘Pensions and retirement’ (p. 413).

Summary

  1. Do not delay in taking out the insurance you need.
  2. Use a registered insurance broker to act for you.
  3. Shop around. Seek advice from more than one broker and ask for several quotes for each insurance you need.
  4. Do not neglect personal insurance requirements. Life insurance for your family, income protection insurance and pensions should be looked at carefully to determine the level you need. Use an independent financial adviser who is authorised to advise you on these topics.

Other chapter to read

30 ‘Pensions and retirement’ (p. 413).

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