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Employers' Liability Employers' Liability

Cover

Legal liability in respect of injury to or disease of its employees in the United Kingdom, the Isle of Man, the Channel Islands and the Republic of Ireland. Cover is extended in respect of employees normally resident in and travelling from, the UK during temporary visits abroad providing they are not engaging in manual work or visiting off-shore installations.

NB: Liability in respect of injury or disease of employee’s resident and working abroad is not covered by the policy. Such cover, if required, should be arranged in the country where the employee is working.

Limit of Indemnity

£25,000,000 each and every occurrence

Excess

None

Documentation

The University's Certificate of Employees' Liability Insurance

Public Liability and Product Liability Public Liability and Product Liability

Cover

Legal liability to third parties in respect of death, injury, disease and/or damage to property.

Limit of Indemnity

£25,000,000 any one event in respect to Public Liability and for all claims in the aggregate during any one period of insurance in respect of Products Liability

Excess

None

Documentation

Public, Products, Liability letter of confirmation.

Special Restrictions

  1. Products Liability cover and costs and expenses (for Public Liability claims) are excluded for claims made or brought within the jurisdiction of the USA or Canada, or any other country that requires cover to be arranged within their jurisdiction.
  2. Clinical Research is covered under the Public Liability policy for which the following authorisation is not required:

a) a clinical trials authorisation from the Medicines and Healthcare Products Regulatory Agency under the Medicines for Human Use (Clinical Trials) Regulations 2004

(b) a clinical investigation requiring approval under the Medical Devices Regulations 2002.

  1. Health Care Duties. Cover excludes liability arising out of or in consequence of the rendering of or failure to render Health Care* other than in respect of Incidental Treatment* forming part of the official duties of a suitably trained Employee. This exclusion does not apply to nurses.

*Incidental Treatment is defined as the administration or supervision of medication orally, topically, by injection or by tube, and the application of appliances or dressings.

*Health Care is defined as

  • Diagnosis of Injury
  • the prescription of treatment or drugs
  • care of treatment of a patient
  • personal medical or health care advice to individuals in their private capacity employed by the insured.

In respect of any Injury, damage or financial Loss sustained in connection with unmanned aerial vehicles, the Limit of Indemnity is reduced to £5,000,000. Cover is provided for unmanned aerial vehicles up to 20kg in weight excluding fuel but inclusive of any articles or equipment installed in or attached to the vehicle at the commencement of flight. Subject to the operator complying with all legislation and licensing regulations.

Professional Indemnity Professional Indemnity

Cover

Liability for breach of professional duty. This includes any act of neglect, error or omission, infringement of copyright, breach of warranty, or breach of trust or breach of confidential information, all occurring or committed in good faith by staff in the course of their employment.

Limit of Indemnity

£7,500,000 in the aggregate

Excess

£10,000 each and every claim

Documentation

Professional Indemnity Letter

Special Restrictions

Please note that this cover excludes any claim made or brought in the USA or Canada or territories under their jurisdiction or as a consequence of any judgement or order made under such jurisdictions. You should, therefore, ensure that all contracts are made subject to English law and the English courts wherever possible.

For Health students, cover may automatically apply if you are a member of your professional body. For more information please see Professional Indemnity guidance for Heath Students.

Clinical Trials Clinical Trials

Cover

Injury, damage or Financial Loss resulting from any clinical research requiring a clinical trials authorisation from the Medicines and Healthcare Products Regulatory Agency under the Medicines for Human Use (Clinical Trials) Regulations 2004 or clinical investigation requiring approval under the Medical Devices Regulations 2002.

Research which does not require such authorisation or approval is covered automatically under the University’s Public Liability insurance.

Limit of Indemnity

£5,000,000 for all claims in the aggregate per Clinical Trial, £5,000,000 for all claims in the aggregate during any one period of insurance

Excess

£250 per claimant

Documentation

Clinical Trials Liability Letter

Assumptions

  • The NHS Indemnity applies in any case where a NHS body owes a duty of care to the research subject;
  • All trial protocols are subject to peer review, such as a NHS or UEA ethics committee.

Conditions

Clinical Trials involving NHS patients must be approved by the NHS, in writing, before a trial commences and it is the responsibility of the Principal Investigator to ensure such approval is obtained.

Where a pharmaceutical company is acting as Sponsor for a Clinical Trial involving the testing of drugs or medicines, the company must provide the ABPI standard form of indemnity.

The following trials are not covered by the University's standard policy:

  • trials involving pregnant women;
  • trials involving under fives;
  • trials involving conception or contraception;
  • genetic trials;
  • trials where the substance under investigation has been designed and/or manufactured by the University;
  • trials conducted within the jurisdiction of the USA or Canada, or any other country that requires cover to be arranged within their own jurisdiction.

If you are considering a funding application for a trial which involves any of these activities, you must provide details to insurance so cover with insurers can be arranged and advice given on any additional cost involved.