
Why Change To Broad-Form Liability?
Broad form liability provides protection for a business for legal liability to pay damages arising out of injury or damage caused to third parties or their property during the performance of the business. The vast majority of commercial policies have only ever been exposed to the General/Tennant type of wording where cover is limited. An important question then stands; “why change to broad-form liability?”. The increased liability risks companies face coupled with a requirement to increase limits and the rise of legal costs provides enough motivation to consider the Broad Form Liability product. It is of great value to a prudent broker to build relationships with international markets to manage capacity and exposure issues. “Of course, this is not without challengers – one being that the onus of proof lies with clients to establish that the third-party loss occurred as a result of an accident”, writes Nhlokomo Ngwenya; Head of Corporate & Global Markets. While the broad form policy responds to actions where the insured is legally liable for damages or injuries, this cover may be referred to as “non-accidental”. If the insurers wish to repudiate based on the fact that an intentional act caused the loss, the onus of proof rests with them, rather than the insured. Broad form provides a wider trigger that is less likely to lead to a claims dispute. This can be of great benefit to the insured when submitting a claim. Definition of Terms In a Multimark wording, damage is defined only as “loss of or damage to tangible property”. In the broad-form policy the definition is wider and includes:
- Actual damage to property
- Loss of possession or control of property (as may be the case if the property is not damaged; but is simply inaccessible)
- Loss of use (as in ii above) iv. Prevention of access
- Release of liquids, gases, contaminants or pollutants
- Smells iii. Noise, light, vibrations, electricity
- Temperature changes
About Maksure Risk Solutions
Maksure Risk Solutions is an Afro-Global independent specialist insurance and reinsurance broker with business footprint in Africa, Asia, East & Western Europe, South America and the Caribbean. We provide innovative and tailor-made risk solutions in Insurance and Reinsurance as well as Risk Financing and Actuarial Consulting geared towards capital management and strengthening our client’s balance sheet. Maksure is also one of the major players in Captive Management (Establishment & Management) in South Africa, Mauritius, Bermuda and various other jurisdictions. We have access into the Lloyds of London with a deep understanding of African markets. Our global nature ensures that our clients access quality capacity as well as some of the world’s latest thinking and solutions.Recent Posts
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