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Insuring Your Association Alan Hardaker
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General Advice Warning This information may be regarded as general advice. That is, your personal objectives, needs or financial situations were not taken into account when preparing this information. Accordingly, you should consider the appropriateness of any general advice we have given you, having regard to your own objectives, financial situation and needs before acting on it. Where the information relates to a particular financial product, you should obtain and consider the relevant product disclosure statement before making any decision to purchase that financial product.
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Introduction • Identification and treatment of risk. • Legislation and the law. • Liability Insurance. • Association Liability Insurance. • Voluntary Workers Insurance. • Property Insurance. • Personal Insurance.
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Identification and treatment of risk • Let’s talk about risk. (Am I covered?) • Risk management. • Risk tolerance. • Risk treatment.
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Legislation and the law • Statutory obligations. • Tort reforms. • Civil Liability Act 2003.
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Liability Insurance
How does it work? The operative clause … “the Insurer will indemnify the Insured against the legal liability of the Insured to pay compensation in respect of: • Injury to any person • Property Damage occurring within the geographical limits during the period of insurance as a result of an occurrence happening in connection with the Insured’s business.”
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Liability Insurance (continued)
What is excluded. • Advertising liability • Aggravated, Punitive or Exemplary Damages. • Aircraft and Watercraft. • Asbestos. • Contractual Liability. • Electronic Data. • Employers’ Liability.
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Liability Insurance (continued)
What is excluded. • Fines, Penalties and/or Liquidated Damages. • Industrial Awards. • Loss of use. • Pollution. • Professional Liability. • Terrorism. • Vehicles.
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Duty of disclosure If you do not tell the Insurer … Under section 21A of the Insurance Contacts Act 1984, you are obliged to disclose exceptional circumstances which are either known to you or a reasonable person in the circumstances would be expected to know would be relevant to the Insurance company's decision whether or not to accept the risk and if so on what terms. Failure to comply with the duty of disclosure may result in the cancellation of your Insurance contract or the denial of your claim.
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Association Liability Insurance
This policy is a combination of: • Professional Indemnity • Office Bearers • Entity Insurance • Employment Practices • Fidelity
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Association Liability Insurance
Professional Indemnity. This section of the Policy provides protection to the Association, office bearer and employees, for claims that arise from any advice they give to third parties and members.
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Association Liability Insurance
Office Bearers. This section of the Policy provides personal protection to all office bearers for claims that arise from wrongful acts, committed whilst representing their Association.
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Association Liability Insurance
Entity Insurance. This section of the Policy provides protection to the Association itself for claims not covered under other sections of the Policy. This is a key area of coverage for all Associations.
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Association Liability Insurance
Employment Practices. This section of the Policy provides protection to the Association for any legal liability to pay from claims arising from Employment Practices. The cover is subject to various conditions.
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Association Liability Insurance
Fidelity. This section of the Policy provides protection to the Association for loss of money due to dishonesty of an office bearer in the conduct of the Association’s professional duty.
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Voluntary Workers • A moral obligation to insure. • Provides capital benefits. • Provides income benefits. • Medicare and other legislation.
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Property Insurance • Material Damage. • Burglary and theft. • Property in transit. • Excesses and self retention. • Income and revenue.
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Personal Insurance • A moral obligation to insure. • Personal Liability. • Income Insurance. • Death, disability and trauma. • Private health insurance.
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Questions