Why your insurers and brokers may be obliged to testify against you
Thursday, 11 October, 2012 Leave a comment
If any Company Directors or brokers were still in any doubt about the burden of responsibility on their shoulders this case may serve as a timely reminder that we need to ‘get beyond’ having an annual chat about general business issues, football and family before determining that their priority is to secure the cheapest terms available:
To prove that the company and its directors were on notice, the prosecution relied almost exclusively on evidence produced by the company’s brokers and insurers. Representatives from the brokers’ risk management team were called to give evidence and discuss information contained in numerous documents spanning the six-year period before the accident.
These documents included:
A pre-cover survey;
The minutes of a meeting to review the company’s health & safety policy as well as the monthly and quarterly risk management meetings;
The ongoing audits of both sites and recommendations;
The documents prepared for the insurance market to obtain cover, including one monitoring the progress of risk management.