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Liability Claims

Scope of Cover

Workmen Compensation Policy

Any employer whether as a Principal or contractor engaging “workmen” as defined in WC Act to cover his liability to them under statute and at common law? Employer can cover Employees who do not qualify as “Workmen” under separate table

  • WC policy pays for all sums which the Insured is legally liable to pay the employees in respect of personal injury by accident or diseases `arising out of and in the course of the employment.
  • Insured`s liability arising either under common law or the laws set out in the schedule Workmen`s Compensation Act 1923.
  • Costs or expenses incurred by the insured with the consent of the company, to defend any claims are paid in addition.

Directors and Officers Liability :

D&O policy covers the personal liability of a Director / Officer in the event of a claim or law suit alleging their wrongdoing in connection with the Company’s business. It pays for damages due to loss caused to the third party arising out of the wrongful act of the Director / Officer in discharging their fiduciary responsibility. The loss indemnifiable under the policy is defined as “any defence costs, investigation costs, awards of damages (including punitive and exemplary damages), awards of costs or settlements for which an insured is legally liable resulting from a claim against an insured for any wrongful act. Loss also includes payments made by the insurer under any extension, including Emergency Costs, Regulatory Crisis Response Costs, Prosecution Costs, Bail Bond and Civil Bond Expenses and Public Relations Expenses, and Kidnap Response Costs.

Loss does not include fines or penalties, taxes, remuneration or employment related benefits, the
multiplied portion of multiple damages, any sum payable pursuant to a financial support direction or
contribution notice issued by the Pensions Regulator or amounts which are uninsurable.

Product Liability :

Product Liability Insurance indemnifies the manufacturer, distributor, wholesaler, and retailer against third party bodily injury/ property damage liability arising out of the use or consumption of product manufactured, sold, handled, distributed or disposed of by you.

Public Liability :

Public Liability Insurance offers cover for third party liabilities (Bodily Injury / Property Damage) arising out of the premises occupied by the Insured and legal costs incurred in connection therewith. The policy can be extended to cover legal expenses arising out of Sudden and Accidental Pollution, Act of God Perils, Transportation of Hazardous Substances, Carriage of treated effluents etc.

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Workmen Compensation Policy Claim Steps :

1 :

Provide First Aid to the injured person.

2 :

Enter the details in Accident register.

3 :

Intimation to Insurance Company.

4 :

Lodge FIR for Death & Bodily injuries.

5 :

Post Mortem to be done in case of death.

6 :

Submission of claim form together with the summons received from Court.

7 :

Please do not make any payment, make any compromise or any commitment with the third party or aggrieved party without the written approval of Insurer.

Directors and Officers Liability Claim Steps :

1 :

Claim Intimation to the Insurer

2 :

Claim is provisionally admitted by the insurer

3 :

Claim Number is allotted by the Insurer

4 :

Legal counsel is appointed by the Insured/Insured.

5 :

Defense costs estimate in detail is submitted by the Insured.

6 :

Legal costs & defense costs estimate is accepted or is concurred by the insured

7 :

Insurer(s) to kept informed and updated of the progress of the case and all expenses likely to be incurred

8 :

Insurers can step in and have right to be associated with the defense

9 :

Under no circumstances is the Insured to admit the liability without the concurrence of the insurers

10 :

Any settlement with the plaintiff to be done only after the concurrence of the insurers

11 :

Each insured shall defend and contest any claim made against them. The insurer shall be entitled to participate fully in such defence and in the negotiation of any settlement that involves or appears reasonably likely to involve the insurer.

12 :

The insurers expectations of defense counsel retained to represent the Insured, is to provide an aggressive, efficient, quality defense of claims brought against the Insured. Insurer expects full cooperation from defense counsel responsible for the litigation

13 :

Defense counsel fees and expenses should accurately reflect the cost of the work necessary to defend or to resolve the claim. Only those reasonable and necessary lees and expenses allocable to a covered loss will be considered for payment or used to satisfy any deductible provisions on an Insured’s policy.

 

Product Liability Claim Steps :

1 :

Claim Intimation to the Insurer

2 :

Claim is provisionally admitted by the insurer

3 :

Claim Number is allotted by the Insurer

4 :

Legal counsel is appointed by the Insured/Insured.

5 :

Defense costs estimate in detail is submitted by the Insured.

6 :

Legal costs & defense costs estimate is accepted or is concurred by the insured

7 :

Insurer(s) to kept informed and updated of the progress of the case and all expenses likely to be incurred

8 :

Insurers can step in and have right to be associated with the defense

9 :

Under no circumstances is the Insured to admit the liability without the concurrence of the insurers

10 :

Any settlement with the plaintiff to be done only after the concurrence of the insurers

11 :

Each insured shall defend and contest any claim made against them. The insurer shall be entitled to participate fully in such defence and in the negotiation of any settlement that involves or appears reasonably likely to involve the insurer.

12 :

The insurers expectations of defense counsel retained to represent the Insured, is to provide an aggressive, efficient, quality defense of claims brought against the Insured. Insurer expects full cooperation from defense counsel responsible for the litigation

13 :

Defense counsel fees and expenses should accurately reflect the cost of the work necessary to defend or to resolve the claim. Only those reasonable and necessary lees and expenses allocable to a covered loss will be considered for payment or used to satisfy any deductible provisions on an Insured’s policy.

 

Public Liability Claim Steps :

1 :

Claim Intimation to the Insurer

2 :

Claim is provisionally admitted by the insurer

3 :

Claim Number is allotted by the Insurer

4 :

Legal counsel is appointed by the Insured/Insured.

5 :

Defense costs estimate in detail is submitted by the Insured.

6 :

Legal costs & defense costs estimate is accepted or is concurred by the insured

7 :

Insurer(s) to kept informed and updated of the progress of the case and all expenses likely to be incurred

8 :

Insurers can step in and have right to be associated with the defense

9 :

Under no circumstances is the Insured to admit the liability without the concurrence of the insurers

10 :

Any settlement with the plaintiff to be done only after the concurrence of the insurers

11 :

Each insured shall defend and contest any claim made against them. The insurer shall be entitled to participate fully in such defence and in the negotiation of any settlement that involves or appears reasonably likely to involve the insurer.

12 :

The insurers expectations of defense counsel retained to represent the Insured, is to provide an aggressive, efficient, quality defense of claims brought against the Insured. Insurer expects full cooperation from defense counsel responsible for the litigation

13 :

Defense counsel fees and expenses should accurately reflect the cost of the work necessary to defend or to resolve the claim. Only those reasonable and necessary lees and expenses allocable to a covered loss will be considered for payment or used to satisfy any deductible provisions on an Insured’s policy.

Workmen Compensation Policy Documents required :

Since the liability is governed by statutes, and WC Act (Employees Compensation Act as now being called), the requirements to settle the claim will be in accordance with the provisions of the Act.

1 :

Claim Intimation

2 :

Duly filled Claim form

3 :

W.C Commissioner’s Summons

4 :

Reply submitted.

5 :

Medical Report of the attending Doctor with permanent disability if any.

6 :

Age Proof.

7 :

Medical Certificate for partial/total disablement.

8 :

Commissioner’s order towards compensation of award.

9 :

Discharge Voucher of Commissioner.

10 :

FIR received from the Police.

11 :

Copy of Accident Register mentioning the time, date and the occurrence of the event.

12 :

First Aid details provided together with the Medical reports for payments made by the Employer.

13 :

For Cases of death claims Inquest report and Post mortem Certificate are required.

14 :

Copy of attendance register to show that the worker was employed with the Insured on that date.

15 :

Copy of Movement Register to show that the employee had gone out on official work or not.

16 :

Copy of tour reports or tour plans of employees who are stationed outside the headquarters.

17 :

Pay Bill copy to show the wages received by the employee.

18 :

Details of any interim compensation paid to the employee.

19 :

Details of Hygiene maintained at the premises to ward off occupational diseases.

20 :

Previous details of any claims paid for occupational diseases.

21 :

Copy of Medical Pristine visits and his observations.

22 :

Copy of visits by Inspector of Labour. Inspector of Factories, Sanitary Inspectors from local body.

Directors and Officers Liability Documents required :

1 :

Letter of Demand seeking monetary compensation from third party aggrieved.

2 :

Summons, Orders issued by court and other Authorities.

3 :

Reports of incidents by management of insured and investigations if any,

4 :

Legal opinions obtained by insured on the issues relating to liability of insured.

5 :

Correspondences exchanged with third parties towards claim.

6 :

Sworn statement of witnesses to the incident, if any

7 :

Demand letter from third party claimant

8 :

Copy of complaint filed in court against insured, if any

Product Liability Documents required :

1 :

Letter of Demand seeking monetary compensation from third party aggrieved.

2 :

Summons, Orders issued by court and other Authorities.

3 :

Reports of incidents by management of insured and investigations if any.

4 :

Reports from lab test conducting root cause analysis.

5 :

Medical Certificates for bodily injuries

6 :

Bills, payment proofs for loss and medical expenses.

7 :

Photographs of damaged property.

8 :

Proofs of repairs , replacements with cost.

9 :

Legal opinions obtained by insured on the issues relating to liability of insured.

10 :

Correspondences exchanged with third parties towards claim.

11 :

Proof of ownership of third party property.

12 :

Sworn statement of witnesses to the incident, if any

13 :

Demand letter from third party claimant

14 :

Medical certificate, for bodily injury claims

15 :

Bills, charge slips, statements of accounts representing medical expenses

16 :

Radiological or x-ray report (wherever necessary) for bodily injury claims

17 :

Photographs, for property damage claims

18 :

Copies of cheques/vouchers evidencing repairs/replacement of properties

19 :

Copy of complaint filed in court against insured, if any

20 :

Competitive repair estimate for the damaged property

21 :

Proof of ownership of third party property

Public Liability Documents required :

1 :

Letter of Demand seeking monetary compensation from third party aggrieved.

2 :

Summons, Orders issued by court and other Authorities.

3 :

Reports of incidents by management of insured and investigations if any.

4 :

Medical Certificates for bodily injuries

5 :

Bills, payment proofs for loss and medical expenses.

6 :

Legal opinions obtained by insured on the issues relating to liability of insured.

7 :

Correspondences exchanged with third parties towards claim.

8 :

Sworn statement of witnesses to the incident, if any

9 :

Demand letter from third party claimant

10 :

Medical certificate, for bodily injury claims

11 :

Bills, charge slips, statements of accounts representing medical expenses

12 :

Radiological or x-ray report (wherever necessary) for bodily injury claims

13 :

Copies of cheques/vouchers evidencing repairs/replacement of properties

14 :

Copy of complaint filed in court against insured, if any.

General intimation form

At the time of an unforeseen event when you need immediate assistance and support you can contact your insurer through below mentioned modes.

Call Center

Claims Service Representative of Insurer (CSR) shall help you to intimate claim fast and smooth for you. Please feel free to call them on stated phone number mentioned Here round the 365 days.

Walk In

If you wish to intimate your claim in person, Please feel free to visit your policy issuing Insurer Branch Mon- Fri 10:00 AM to 05:00 PM (Except for National Holidays). Please refer Here for more information.

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