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Claims

We go the extra mile to protect our clients

The problem
Corporate manslaughter became a new offence under the Corporate Manslaughter and Corporate Homicide Act 2007. This imposed new penalties on both employers and employees including: potentially unlimited fines on companies; and existing risks for directors and senior managers to be personally prosecuted if their gross negligence caused death in the workplace. In light of this, one of our general liability insurance policyholders was faced with a horrific incident that had a major effect on employees all the way up to the executive board.

The solution
Our standard policy provides limited indemnity for defence costs where there is an alignment of interests with the defence of a civil claim. So we agreed a plan of action with the policyholder and provided legal experts who were familiar with the new law and therefore cost-efficient. We also made the decision not to apply the strict terms of the policy to allow individual employees who would not otherwise have had defence counsel to benefit – all of which helped the policyholder through a difficult and stressful time.

The benefits
We successfully defended both the employer and the individual who was directly involved in the incident. This protected the company from a potentially large fine and trading handicaps that could have seriously impacted their balance sheet. And despite the challenging situation, the employee avoided going to prison and the client retained their excellent reputation.