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June 2008 Vision Risk Management Newsletter
2nd July 2008

June 2008 Vision Risk Management Newsletter.

New Liability Appointment
19th June 2008

We are pleased to announce that Rob Price ACII has been appointed to Liberty Group member company Vision Underwriting Ltd as Liability Manager. Rob joins Vision from RSA, Bristol, where his last position was that of Senior Trader and Technical Underwriter (Casualty). The move forms part of Vision's strategic expansion in the UK.

Vision News Keeping you up to date

Vacancy for Commercial Development Underwriter
12th June 2008

We are seeking an experienced professional to support our growth in the UK

For more details, please follow this link.

May 2008 Vision Risk Management Newsletter
3rd June 2008

May 2008 Vision Risk Management Newsletter.

April 2008 Vision Risk Management Newsletter
29th April 2008

Welcome to our Newsletter Update. Click here to download.

Vision News - keeping you up to date

Combined Liability from Vision
9th April 2008

Vision welcomes primary and excess layer enquiries from you in respect of Combined Liability Insurance

You may be aware that Vision was acquired by Liberty Mutual Group earlier this year. For regional UK business, Vision will continue to operate independently from other UK Liberty operations. This move will enable us to continue to provide our unique blend of Vision regional independence and expertise, coupled with the security and capability of a major international insurer.

Vision will provide our intermediaries with:

We can provide exclusive Vision quotations on a standalone or portfolio/scheme basis.

Other Vision Products

We look forward to your enquiries.

Vision News keeping you up to date.

Health and Safety Newsletter Update
4th March 2008

Welcome to our February Newsletter Update. In this edition, we discuss:

Health and Safety News

Health and Safety Court Round Up

Contact us

For health, safety and fire queries relating to property management / for any other technical queries, please contact: Philip Jones on 07973 735161

Health and Safety News

DISABILITY DISCRIMINATION NEWS
6th February 2008

DISABILITY DISCRIMINATION NEWS

The Advocate General of the European Court of Justice has agreed with a claimant that her treatment by her employer amounted to discrimination as it was based on the fact that she had a disabled child. So, in effect, disability discrimination may be caused not only by less favourable treatment to a disabled person but also in cases where there is an association with a disabled person. (In this particular case the claimant had a disabled son)

TUC General Secretary Brendan Barber said:

'The Advocate General has given a welcome opinion in this important case. Workers with caring responsibilities should be protected from discrimination and harassment in the workplace.

'Although most sensible employers now realise the benefits that come from being flexible and helping staff balance their lives, there are many bosses still living in the last century, who need to be persuaded to do much, much more to help their employees have less stressful lives and not to make life even more difficult for those already shouldering caring responsibilities.'

The Advocate General's opinion is absolutely clear in this instance, and also that this would extend to all areas covered by anti-discrimination law.

This case provides a new broader understanding of current legislation and could potentially encourage a wider range of disability discrimination claims in the workplace.

Vision News keeping you up to date.

Press Release
7th January 2008

Vision joins forces with Liberty

We are pleased to announce that the Vision Group has been acquired by the Liberty Mutual Group, one of the largest global insurers. Click here for a copy of the press release.

Visions strategic development now includes the strength of Liberty capacity behind many Vision products, further enhancing our capabilities.

Vision will continue to provide a traditional blend of underwriting expertise coupled with a flexible approach to risk and will operate independently from other UK Liberty operations, providing a distinctive commercial advantage to regional brokers.

Current Vision Products:

For more information as to how this exciting development can benefit your business, please contact Chris Bilas

Useful Links

Vision website

www.visionunderwriting.com

Liberty website

www.liueurope.com

DANGERS OF EMPLOYEES USING THEIR OWN CARS AT WORK
29th November 2007

The rise in employees using their own cars on business has created a fleet of unchecked and unmanaged drivers who are a potential health and safety timebomb for employers likely to be a prime target for new Corporate Manslaughter legislation.

A new report from Arval, one of the UK's leading business car specialists, has highlighted that as many as one in four vehicles used on business could be at risk.

It is believed that employers are failing to check even basic details about private vehicles. It is reported that:

The findings of Arval's research are given all the more meaning with the introduction this year of the Corporate Manslaughter Act, which will become law from next April 08. The Act reinforces the obligation on a company to comply with existing health and safety legislation and makes it easier to prosecute companies following fatal accidents. The actions of senior management involved in any prosecution will be put under renewed focus as a result of the new law.

Arval's report highlights other worrying statistics that could potentially compromise the health and safety of employees:

Also The Occupational Road Safety Alliance (ORSA) which was established just over five years ago (www.orsa.org.uk) reports that although precise data is still not available, it is widely accepted that up to a third of those who die in crashes on the roads in Great Britain every year are at work. This could amount to around 1,000 deaths per year. It should be compared to about 40 workers and members of the public who die in "conventional" work accidents notifiable to HSE and local authorities.

There is expert guidance available through the Ask the Expert facility within Vision Insuresafe; the affordable on-line health & safety resource web-site. Alternatively, Vision can also facilitate expert on-site support services through Vision Employment Health & Safety Ltd.

For more details on Insuresafe or any other Vision product or service, please contact Chris Bilas.

Vision News Keeping you up to date

Vision New Appointment
8th November 2007

We are pleased to announce the appointment of Steve Wade as Financial Lines underwriter. This key appointment strengthens our specialist Financial Lines team and Steve will shortly be contacting brokers to discuss our regional strategic objectives for Professional Indemnity and Directors' & Officers' Liability products.

Vision proposals and policy wordings are located within the Log-In zone of Vision Online.

If you have any immediate enquiries, please contact Steve Wade on TEL 01242 244499, FAX on 01242 244445.

Further information is available on our website log-in zone, which requires a simple registration process to facilitate a log-in username and password.

Vision News Keeping you up to date.

Vision H&S News update
26th October 2007

The October 2007 Vision News update is now available.

Vision provides a range of Health & Safety services for the clients of insurance and other professional intermediaries:

Insuresafe Affordable on-line annual membership to expert advice, documentation and guidance with specific sections covering most industry and trade sectors from food handling, construction, haulage to education,

On-site services Competitive support from professionally qualified experts. The services range from audits of current compliance through to bespoke management support systems to meet the exacting requirements of almost any type of firm.

For more information on any Vision insurance or risk management product or service, please contact Chris Bilas

Vision News keeping you up to date.

CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007
17th October 2007

The Corporate Manslaughter and Corporate Homicide Act was given Royal assent on 26 July 2007. The offence will come into force on 6 April 2008 and will be called corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.

The law will make Companies, not Directors, liable for any deaths due to a general breach of the duty of care by the Company. Individual Directors will not be personally liable, as this new manslaughter offence will apply to corporations, including public bodies.

The Bill has come as a severe disappointment to some Trades Unions as it fails to include clauses which would allow the imprisonment of Company Directors, if their negligence has led to the death of a worker. However, the new law could see unlimited fines if it were found that a death followed a serious failing by senior Managers.

There are no new duties or obligations under the Act, nor is the new offence part of health and safety law. It is, however, specifically linked to existing health and safety requirements. Companies and organisations that take their obligations under health and safety law seriously are not likely to be in breach of the new provisions. Nonetheless, companies and organisations should keep their health and safety management systems under review, in particular, the way in which their activities are managed or organised by their senior management.

The offence is concerned with corporate liability and does not apply to directors or other individuals who have a senior role in the company or organisation. However, existing health and safety offences and gross negligence manslaughter will continue to apply to individuals. Prosecutions against individuals will continue to be taken where there is sufficient evidence and it is in the public interest to do so.

Penalties will include unlimited fines, remedial orders and publicity orders. A remedial order will require a company or organisation to take steps to remedy any management failure that led to a death. The court can also impose an order requiring the company or organisation to publicise that it has been convicted of the offence, giving the details, the amount of any fine imposed and the terms of any remedial order made. The publicity order provisions will not come into force until the Sentencing Guidelines Council has developed relevant guidance.

The Act will not be retrospective, it comes into force on 6 April 2008 and will only apply to deaths that occur from that date. Deaths that occur before 6 April 2008 will be covered by the current law on corporate manslaughter.

SCHOOL PROPRIETOR SENTENCED
11th October 2007

The proprietor of a School in Bangor has been fined £12,500 and ordered to pay £7,500 costs at Mold Crown Court. He had been found guilty by a jury of breaching Section 3(1) of the Health and Safety at Work etc Act 1974, after a trial in late July 2007.

A three-year-old from Bethesda died in hospital just over a month after falling down steps at the school in July 2004. HSE's investigation into the infants' death identified shortfalls in the levels of supervision for pre-school aged children at the school, which resulted in the child being able to enter an area which was off limits.

HSE Principal Inspector Steve Scott said: "Play is absolutely essential to children's development, and they should benefit from the opportunities that exposure to well-managed risks present. Such opportunities help them learn important life skills, including how to manage risks for themselves, but a balance does need to be struck between the risks and benefits; and very small children should not be left effectively unsupervised. This case is not about restricting play for children at school, nor should head teachers be concerned that this case means they will face enforcement action as a result of everyday incidents which often happen to children".

On the day of the incident there was one member of staff supervising 59 pupils with an age range of three to eleven. This was well out of line with accepted ratios found elsewhere. It was not possible for the teacher on duty that day to see all parts of the split-level playground. Some areas were simply out of sight.

The individual, fined as proprietor for the school, was also the employer and as such had primary responsible for health and safety matters. Available guidance on supervisory ratios for pre-school aged children (Children Act 1989 Guidance and Regulations Vol. 2) suggests that 2:26 is an appropriate ratio for supervising adults to children.

Vision Primary Liability Expertise
10th September 2007

Vision has a wide ranging underwriting capability, specifically in the area of the more difficult products liability risks where, for example, we can consider, automotive products, railway related products, medical products, chemicals, marine and offshore related products and an array of other engineering based products.

For more information on Primary EL & PL/Products, contact Malcolm Whybrew.

Vision News - keeping you up to date.

Employment Tribunals - Average Awards 2006/7
5th September 2007

The Employment Tribunal Service has just published its annual report and the following data reflect the Average (and Highest) Awards for successful claimants during their 2006/7 reporting period:

Unfair Dismissal £8,000 (Limit is £60,600)

Sex Discrimination £10,000 (Highest was £65,000)

Race Discrimination £14,000 (Highest was £124,000)

Disability Discrimination £15,000 (Highest was £139,000)

Whilst the majority of cases never go through Tribunal and are either settled through ACAS or dealt with in some other way, the above statistics take no account of the significant lost management time and associated legal costs incurred in defending all claims. These often underestimated business exposures, coupled with the internal costs of trying to keep up with rapidly evolving employment legislation, have contributed to the rise in demand for insurance-backed outsourced HR solutions.

Vision News - Keeping you up to date.

Corporate manslaughter law set to arrive in April 2008 as work related fatalities rise
21st August 2007

The Corporate Manslaughter and Corporate Homicide Bill has finally come to the end of its tortuous journey to the statute book.

David Bergman, Director for The Centre for Corporate Accountability said "it will increase chances of greater justice and accountability for work-related deaths".

The latest work related fatal injury statistics provided by the Health and Safety Commission suggest that the provisional figure for the number of workers fatally injured in 2006/07 is 241, and corresponds to a rate of fatal injury of 0.80 per 100,000 workers. This indicates an overall increase of 11 per cent since the previous year.

Launching the latest work related fatal injury statistics Health and Safety Commission (HSC) Chair Sir Bill Callaghan said the loss of 241 lives is unacceptable and issued a fresh challenge to industry to place safety at the top of its priorities and do more to protect the work force.

Given the new focus on corporate accountability, there is a real need to review Health & Safety policies. As regards insurance protection, Vision's Directors' & Officers' Liability policies include cover for claims against directors, officers or employees for corporate manslaughter.

For more information regarding Vision's Health & Safety services or Directors' & Officers' Liability insurance protection portfolios, contact Chris Bilas.

Vision News keeping you up to date.

Employment Disputes on the rise
13th July 2007

2006 saw a 25% increase in the number of Employment Tribunal applications. Whilst the majority of claims still constitute unfair or constructive dismissal, the number of discrimination claims has risen to 1 in 5 of all claims.

The number of multiple claims has also risen dramatically, as claimants include multiple claims in their applications to increase their chances of success. It is therefore not uncommon to find unfair dismissal claims that include various forms of discrimination allegations.

Employment discrimination legislation exists to protect employees that feel they have been treated less favourably than other workers and this can take many forms.

An employee can lodge a claim against their employer at an Employment Tribunal at no cost to themselves. Unlike traditional litigation, the claimant will almost certainly not be required to pay the employer's legal costs should the employee lose their claim. Therefore, every employer will need to consider that the costs of defending even successful outcomes can be considerable. With multiple claims that include discrimination as a separate cause of claim, this can take many days to hear in Tribunal. This inevitably increases the complexity of the case and the associated legal defence costs.

The statutory compensation limit for unfair dismissal has risen from £18,600 in 1999 to approaching £70,000 in 2007 and, with discrimination claims having no monetary cap, it is understandable that some employees will be motivated to lodge a claim, even against good employers. Whilst the majority of claims do not currently succeed at Tribunal, this process is still debilitating and costly from an employer's perspective. Even with the best legal representation, the Tribunal process carries a degree of risk as statistics show that most claimants do not withdraw their claim prior to Tribunal so there is always a potential for a large compensatory award to a successful claimant.

It is therefore not surprising that employers are increasingly turning to outsourced HR services backed by insurance indemnities to transfer these complex exposures into a budgeted fixed-cost solution. Vision can also assist employers with a range of solicitor risk-managed employment schemes. For more information contact Chris Bilas.

BOMB THREAT POLICY & PROCEDURE
3rd July 2007

The current national situation of increased bombings, bomb threats, and bomb scares must be given immediate consideration. In the past, the vast majority of bomb threats were hoaxes. However, the current trend nationally is that more of the threats are materializing.

Upon receipt of a bomb threat, it is impossible to know if it is real or a hoax. Therefore, precautions need to be taken for the safety of the public and employees.

Ensure that all staff who could conceivably receive a bomb threat are trained in handling procedures - or at least have ready access to instructions. Switchboard operators should be familiar with procedures and rehearse them regularly.

It is worth understanding that receiving such a threat may be the closest that many people ever come to acts of terrorism, so be prepared for affected staff to be temporarily in a state of shock. Affected individuals may need counselling or other support.

Within the 'Members Area' of the INSURESAFE website under 'Downloads' you will find both a 'Bomb Threat Procedure' - under Safety Guides and also a 'Bomb Threat Checklist' - under checklists. The INSURESAFE link is shown at the top left hand side of Vision Online.

Documents can be downloaded and circulated to staff and/or placed in a prominent position to give guidance to staff on the appropriate procedures to take should a threat be made.

For more details on how your SME clients can subscribe to INSURESAFE , the affordable way to access easy to understand Health & Safety resources, please contact Chris Bilas

A printed client leaflet is also available please contact Laura Allen for a supply.

An electronic version of the leaflet is also available.

Vision News Keeping you up to date.

SMOKE FREE ENGLAND 1 JULY 2007
25th June 2007

Well this is it - the final countdown. We assume by now that as employers you have your policy documentation in place, your no-smoking signs in a prominent position and the removal of ash trays well under way.

Just in case you are still unsure of what you need to have in place next Monday morning here is a quick reminder.

The new SmokeFree law will apply to virtually all 'enclosed' and 'substantially' enclosed public places and workplaces. This includes both permanent and temporary structures, including tents and marquees.

Premises will be considered 'enclosed' if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed on a permanent or temporary basis.

Once the law is in effect, it is the legal responsibility of anyone who controls or manages smoke free premises or vehicles to prevent people from smoking in them.

As from Sunday 1st July you will need to make sure that:

- You have all your required no-smoking signs display at all entrances to your building and in place in work vehicles if more than one person uses the vehicle at any time

- Your staff, customers and any members or visitors are aware that your premises and work vehicles are legally required to be smokefree

- You have removed any existing indoor smoking rooms

There is no requirement for outdoor smoking shelters to be provided for employees or members of the public.

You will have to demonstrate that you have taken reasonable steps to meet the requirements of the new law. These might include:

- Removing ashtrays

- Training staff to understand the new law and their responsibilities

- Introducing a smokefree policy

Should you wish to introduce a Smoke Free Policy in your work place, it should be developed in consultation with employees and their representatives. It can be either, a verbal understanding between you and your employees, or you may wish to include it in your corporate health and safety policies or even create a separate written document.

Managers will need to be prepared to take action if someone smokes in a smokefree place for which they have responsibility. The Government advice is to:

Draw the person's attention to the no-smoking signs and ask them to stop smoking

Point out they are committing a criminal offence by smoking in a smoke free premises or vehicle

Remind the person that under the law you have a responsibility to prevent smoking and that you could both receive a fine.

You should consider not serving or providing services to a person who is breaking the new smoke free law. If a customer or visitor continues to smoke, you can ask them to leave your premises. If an employee breaks the law, you may wish to consider taking disciplinary action.

If physical violence is threatened by a person smoking it is suggested you notify and/or seek assistance from the police.

Should you wish to share your 'success stories' for smokefree workplaces please feel free to email your tips on surviving the next couple of nicotine free months to us, maybe your good practice could help others. enquiries@visionunderwriting.co.uk

You can obtain further advice for smokers who want to quit and support to stay stopped from www.gosmokefree.co.uk

Good Luck!

Vision News Keeping you up to date.

REACH - (Registration, Evaluation, Authorisation and restriction of Chemicals)
20th June 2007

REACH is a new European Community regulation concerning the R egistration, E valuation, A uthorisation and restriction of CH emicals. It came into force on 1st June 2007 and replaces a patchwork of European Directives and Regulations with a single system.

REACH will affect most businesses in Europe in one way or another, even those who would normally not consider themselves involved in chemical regulation. This regulation will bring a big change in the way that chemicals are regulated, but it works on principles that are quite easy to understand, and most businesses should be able to fulfil their new duties.

It is important to understand what your role is in REACH, and what you can do now to be sure you are ready.

There are three main types of REACH Dutyholder.

1. Registrants

Businesses that manufacture or import more than 1 tonne of any given substance each year are responsible for registering a dossier of information about that substance with the European Chemicals Agency. Because substances contained within articles also count, it's possible that some retailers will be registrants, because they import enough articles where the chemicals contained in them exceed certain thresholds.

2. Supply chain actors

Businesses that sell chemicals have specific duties to pass information down to their customers, and also to pass information back to their own suppliers when customers ask them to do so.

3. Downstream users

Downstream users include any business using chemicals, and this includes most businesses in some way. Companies that use chemicals have a duty to use them in a safe way, and according to the information on risk management measures should be passed down the supply chain. There is also an opportunity to pass information about use back to registrants so that this can be taken account of in assessing the risks of chemical use or, if users prefer to keep their uses confidential, they can register a use independently.

Downstream users may need to supply risk assessment and risk management measures to the European Chemicals Agency if they don't want their supplier to know about how they use the chemicals. Some users may also be importers and have a duty to register.

REACH has several aims:

No data, no market! - A major part of REACH is the requirement for manufacturers or importers of substances to register them with a central European Chemicals Agency (ECHA). A registration package will be supported by a standard set of data on that substance. The amount of data required is proportionate to the amount of substance manufactured or supplied.

If you do not register your substances, then the data on them will not be available and as a result, you will no longer be able to manufacture or supply them legally, i.e. no data, no market!

Substances of Very High Concern

Some substances have hazards that have serious consequences, e.g. they cause cancer, or they have other harmful properties and remain in the environment for a long time and gradually build up in animals. These are 'substances of high concern'. One of the aims of REACH is to control the use of such substances.

Please contact us to obtain more information about Vision's range of specialist Health & Safety services available for your clients.

Vision News Keeping you up to date.

ASBESTOS NEWS
29th May 2007

The Health and Safety Executive (HSE) has warned companies to take extra care when demolishing buildings containing asbestos cement sheets.

The warning comes after a Herefordshire demolition company was today (18th May) fined £6,000 and asked to pay costs of £13,621.49 at Hereford Magistrates' Court following the release of asbestos during the demolition of a former grain store building.

In a statement, the HSE Principal Inspector for Construction said: "People working in the construction industry need to exercise caution when working in areas that may contain asbestos. Asbestos should not be treated lightly as it causes 3,500 deaths in Britain each year, with annual numbers predicted to go on rising into the next decade. All people working in areas that may contain asbestos need to be aware of the dangers to others and the financial penalties imposed if asbestos is mishandled. The risks from asbestos cement are lower than from other asbestos materials but contractors still need to take proper precautions."

This prosecution followed an incident in 2004, when asbestos cement sheets, which should have been removed under controlled conditions, prior to demolition, were smashed to the ground by a machine then spread over the demolition site.

The firm pleaded guilty to breaches of Regulation 10(1)* and Regulation 15** of the Control of Asbestos at Work Regulations 2002.

*Regulation 10(1) of the Control of Asbestos at Work Regulations 2002 states:

Every employer shall -

a. prevent the exposure of his employees to asbestos so far as is reasonably practicable;

b. where it is not reasonably practicable to prevent such exposure-

i. reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and

ii. ensure that the number of his employees who are exposed to asbestos is as low as is reasonably practicable.

2. **Regulation 15 of the Control of Asbestos at Work Regulations 2002 states:

Every employer shall prevent, or where this is not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work under his control is carried on.

Exposure to asbestos is known to cause the fatal diseases Bronchial carcinoma (lung cancer) and mesothelioma. Non-fatal conditions caused include pleural disease and pleural plaque.

Can you be certain that you have no asbestos at your premises?

Do you answer 'Yes' to the following questions?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006. It requires the person who has the duty (i.e. the "duty holder") to:

An Asbestos Register needs to be able to tell the Duty holder and any people intending to work on the fabric of the site where asbestos containing materials may be expected to be found. It is also greatly helpful if it also refers to materials which may look like asbestos containing materials at first glance, but which (after laboratory analysis), are shown to have no asbestos detected - since knowledge of this can avoid someone stopping work because of concern about a suspected asbestos contamination which isn't actually there.

For more information on Vision Health & Safety services please contact Chris Bilas

HEALTH AND SAFETY - IS IT A FOREIGN LANGUAGE?
14th May 2007

Employers have a duty under the Health and Safety at Work Act to provide all their employees with the appropriate safety training to enable them to do their jobs without risk of illness or injury. The TUC has reported that there has been a number of fatalities involving migrant workers employed in the UK.

Workplace deaths in the UK are on the increase and there's a danger that we could soon start to see more fatalities and serious injuries at work as language barriers mean safety messages are going over workers' heads. Thorough, but easy-to-understand training is vital if all workers are to stay healthy and safe at work.

For example, can you understand the instructions below?

They all say 'No Smoking Permitted'. Now imagine how foreign workers feel when presented with all our Health and Safety Signs in a 'Foreign Language' to them.

To highlight this problem, there has recently been a fatality in Gloucester involving a foreign national and it appears that the directors of the company are to face criminal manslaughter charges as they are not able to demonstrate that the procedures laid down had been properly communicated to the employee. There will now be a long and involved trial that could result in imprisonment for the Directors.

If your clients subscribe to Vision Insuresafe online services, the web-site includes various download publications including, 'Your health, your safety: A guide for workers' , which provides information about safety rights at work, the level of safety training that workers should expect from their employers, and who they should complain to if they believe their safety is being compromised by poor workplace practices. This leaflet is available in the download section in several different languages along with other leaflets on Manual Handling and Safety in the Construction Industry.

If the language or leaflet you are looking for is not available online, then 'Ask The Expert' will hopefully be able to source it for you.

For more information regarding Vision Insuresafe online or on-site services for your clients, please contact Chris Bilas.

Vision News Keeping you up to date.

EMPLOYMENT STATUS - CONTRACT UNCERTAINTY?
16th April 2007

A Dr Kettle who was employed by the MOD as a dental and orthodontic specialist was dismissed abruptly after five years. She claimed unfair dismissal (as an employee) and won. The MOD appealed on the basis that she was contracted as a self-employed person and therefore could not claim unfair dismissal. They lost the appeal after the Appeals Tribunal agreed with the original finding that the main indicators of her position showed that in fact she was an employee.

This is a good example of the dangers of over-reliance on a piece of paper when, in practice, the position was somewhat different.

This also illustrates how even large employers wrestle with the impact of the rapid increase in employment legislation and its practical application. The consequences of getting it wrong can be financially crippling for SME employers hence the demand for comprehensive risk managed employer protection packages.

For more details on Visions employment products, contact chrisbilas@visionunderwriting.co.uk

Vision News - Keeping you up to date

Employment Disputes Award Limit Increase
5th March 2007

The compensatory award limit for unfair dismissal claims has been raised from £58,400 to £60,600

Compensation awards for discrimination claims remain unlimited.

The combination of higher compensation and rising litigation levels poses a serious threat to the average business that is normally underestimated. The rapid development of employment legislation makes it extremely hard for organisations to do the right thing when faced with the complexity and growth of new employee rights. What does the average SME do when faced with any rapidly evolving and complex area of running their business? They consider outsourcing to experts.

As a leading provider of insurance-based solutions, Vision offers clients a higher value employer solution to deal with the increased exposure. The Employer Protection Package is supported by an outsourced panel of expert employment solicitors that audit and risk manage client employment matters on a personal basis, rather than the lower value anonymous call centre approach. The entire package has the added benefits of a comprehensive insurance indemnity coupled with the certainty of known fixed costs that can easily be budgeted for.

Outsourcing risk to the Vision Employer Package allows firms to concentrate on their core business in the knowledge that they are supported by Law Society regulated employment professionals that can guide, resolve and defend HR issues and, unlike some other service based products, this solution does not leave you locked in for many years.

For more information on Vision's Employer Protection Packages, please contact Chris Bilas.

Vision News Keeping you up to date.

USE OF HAND HELD PHONES WHILST DRIVING
6th February 2007

As a result of several Vision Insuresafe Ask the Expert Questions, we would like to clarify concerns regarding the new legislation to increase the penalty for using hand-held phones whilst driving.

On 27 February 2007, the current fine of £30 will increase to £60 and three penalty points on your licence.

HSE Guidelines for employers, 'Driving at Work', state that "health and safety law applies to on-the-road work activities as to all work activities and the risks should be effectively managed within a health and safety system".

The Law - Hand-held Phones

It is illegal to use a hand-held mobile phone while driving. It is also an offence to "cause or permit" a driver to use a hand-held mobile phone while driving. Therefore, employers can be held liable as well as the individual driver if they require employees to use a hand-held phone while driving.

Hands-free Phones

It can be illegal to use a hands-free phone while driving. Depending upon the individual circumstances, drivers could be charged with 'failing to have proper control of their vehicle'. In more serious cases, the use of any type of mobile phone could result in prosecution for careless or dangerous driving.

The Police may check phone records when investigating fatal and serious crashes to determine if use of the phone contributed to the crash. Employers who require staff to use any mobile phone while driving for work could be prosecuted if an investigation determined that such use of the phone contributed to a crash. Claims in the civil courts could also result.

You can find further information on Driving at Work, Safety on the Move and Use of mobile phones within the Vision Insuresafe member's area of our website. Alternatively, please follow this link for a look at the Client Leaflet. For those brokers that wish to market this product to their commercial clients, printed copies of this leaflet are available upon request to Laura Allen.

Vision News Keeping you up to date.

Employment Law changes for 2007
25th January 2007

February 2007

The annual increase in the unfair dismissal & other awards will be announced

April 2007

July 2007

Smoking ban on Public Places Effective in England 1/7/07

October 2007

With the rapid growth in employee rights over the past decade, please ensure your clients are adequately protected from employment disputes claims. For more information on Vision's innovative range of risk managed employment disputes covers, please contact Chris Bilas

Vision News keeping you up to date

Vision Launches its Premier Broker Service
17th January 2007

The changing world of insurance has resulted in a highly fragmented approach to risk placement with insurers forcing brokers down numerous operational channels. Vision, whilst facilitating online resources, still upholds traditional insurance values where direct access to specialists is viewed as an essential broking ingredient. Our service for 2007 is now being enhanced by the introduction of our Premier Broker approach.

Premier Broker Agencies provide:

To find out more about Premier Broker or to discuss scheme opportunities, please contact Malcolm Whybrew

Vision News Keeping you up to date.

FESTIVE HOLIDAY HEALTH & SAFETY HAZARDS
20th December 2006

Though the Christmas holidays are generally a time of fun, joy and family gatherings, there is also a sinister side to this festive time. Here are some "Holiday Hazards" that we all should be aware of:

Four hundred Christmas trees catch fire and Christmas lights cause an additional five hundred fires. The National Christmas Tree Association reports 33 million natural, live-cut trees sold each year. Fire officials liken the drying of Christmas trees to a "bomb" in the middle of one's home.

Christmas decorations that look like food are eaten by children and cause eighty five deaths each season.

strangulation by Christmas lights sends thirteen hundred people to the emergency room each year.

Gift wrappings thrown in the fireplace burn irregularly, sending out dangerous sparks and producing a chemical buildup in the home, which has caused explosions.

OTHER HOLIDAY SEASON RED-ALERTS

Many people get food poisoning from holiday office parties when food is left exposed to warm room temperatures for longer than normal.

Holiday Heart Syndrome prevails and there is an increase of people who die of cardiac arrhythmias (heart rhythm irregularity) due to alcohol often combined with caffeine, chocolate, extra sugary desserts, and other assorted cold beverages.

More infants and children are placed on adult beds during the holiday season sparking incidents of suffocation, strangulation, and entrapment.

Slips, Trips, Falls

Distraction, a glass of wine, or just high jinx can be the cause of many accidents over the festive period. Take care of trailing wires from lights, music equipment brought in for the celebrations. Using chairs or desks when putting up decorations, over stretching to get that tinsel fastened, can all cause serious problems, instead of using correct ladders and assessing the risk before starting the task.

Again the alteration of floor space or furniture moving can be a hazard when people assume walkways have been clear in the past.

Manual Handling

Moving furniture, objects to make space for Christmas celebrations can cause injuries, make sure you have help, and lift correctly keeping the load close to the body and bending the knees for the lift.

This extract is taken from Vision Insuresafe - the interactive online support and resource service for brokers clients for more information on this service contact chrisbilas@visionunderwriting.co.uk or click onto www.visioninsuresafe.co.uk

Vision News Keeping you up to date.

CONTROL OF ASBESTOS REGULATIONS 2006
14th November 2006

The Control of Asbestos Regulations 2006 came into force on 13 November 2006 (Asbestos Regulations - SI 2006/2737).

These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.

This publication gives advice on how to comply with the duty in regulation 4 of the Control of Asbestos Regulations 2006 to manage asbestos in non-domestic premises. It explains the duties of building owners, tenants and anyone else with legal responsibilities for such premises.

The regulation requires:

- taking reasonable steps to find asbestos-containing materials in premises and checking their condition;

- presuming materials contain asbestos unless there is strong evidence to suppose they do not;

- keeping an up-to-date written record of the location and condition of asbestos-containing materials;

- assessing the risk of exposure to asbestos-containing materials;

- and preparing and putting into effect a plan to manage the risk.

The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue the ban on the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.

More information can be found within the updates section of Vision Insuresafe, the on-line health & safety resource for Brokers' clients.

For more information regarding our cost-effective Health & Safety on-line and on-site services, contact Chris Bilas.

Vision News Keeping you up to date

Business Continuity is a big issue
16th October 2006

Statistics show that, even when a business is fully insured, most firms fail to recover after a serious claim. This is hardly surprising as many firms do not have a structured contingency plan as to how they would continue in the immediate aftermath of a serious business disrupting event. Such events are no longer mainly perceived as emanating from serious fires but increasingly threats are growing from climate change causing extreme storms and floods, terrorism and even potential future energy shortages. Whilst these threats may not have concentrated the minds of many SME s, an increasing number of local authorities, large customers and financiers are now insisting on seeing details of the Health & Safety policies and Business Continuity plans of the firms they deal with. Local Authorities and large customers have recognised that they cannot fully comply with their own Business Continuity Plans without also obtaining such confirmation from their suppliers and financiers are seeking demonstrable assurances of business continuity to secure their often sizeable investments.

Notwithstanding the above, proposals to increase the accountability of directors and officers through new Company legislation, will place further onus on directors to ensure that they adequately protect their operations from disruption events or they risk being held personably liable by any third party adversely affected by a business failure that may be alleged to have been preventable.

These new exposures provide professional advisors with a unique opportunity to provide clients with more than just insurance using a range of product solutions that offer assistance as well as indemnity.

Vision offers intermediaries Online Health & Safety services that now include a Business Continuity Planning Section and, as always, this online service is underpinned with an online document manager and an expert for any questions. Any broker can request samples of Vision Insuresafe Leaflets by simply faxing Vision on 01242 244445 and you can visit the site at www.visioninsuresafe.com

For those clients that require onsite Health & Safety support, Vision can also assist with a range of solutions delivered by qualified specialists.

Details of all Vision Products and Services are also available on www.visionunderwriting.com and registration is free.

The Vision Range includes:

Excess and Primary

Employers and Public/Products Liability

Professional Liability

Directors and Officers Liability

Legal Expenses

Health & Safety Risk Management Services

Vision News Keeping you up to date

LIABILITY INSURANCE FOR ENGINEERING TRADES
22nd September 2006

We would like to draw your attention to the fact that Vision is now specialising in primary liability insurance for Engineering trades with minimum premiums starting at £5,000 + IPT for a combined liability policy.

Please feel free to call Martina Johnson or Malcolm Whybrew to discuss further. (Tel - 01242 244499).

Vision offers all members new business commission incentive through Vision Online
28th July 2006

Vision is encouraging brokers to use our Vision Online enquiry system and, for a limited period, we are increasing our normal new business commission by 1.5%. This affects the following products:

This will take place immediately and will last until 1/9/2006. This will not affect any individual broker scheme arrangement.

If you have forgotten your username and password, please contact the webmaster on webmaster@visionunderwriting.co.uk

To log on simply follow this link

If you require any navigation or technical assistance you can email Chris Bilas on chrisbilas@visionunderwriting.co.uk

Vision News - Keeping you up to date.

Vision Strengthens Liability Underwriting Team
12th July 2006

We are pleased to announce the appointments of Malcolm Whybrew, ACII and Martina Johnson, FCII. They possess extensive liability underwriting experience gained in the Company and Lloyd's markets. These key appointments strengthen our specialist underwriting team and we will shortly be contacting brokers to discuss our regional strategic objectives.

Vision Products include:

Primary and Excess General Liability (EL/PL/Products)

Primary and Excess Professional Indemnity

Primary and Excess Directors' and Officers' liability

Including special financial liability policies for Flat Managers, Charities, Trustees, Governors and Pension Trustee Indemnities

Specialist Legal Expenses for Employment and Taxation Disputes

Health and Safety Risk Management Services

For further information about any Vision product, service or scheme arrangement, please contact Chris Bilas on TEL 01242 244499 or via email on chrisbilas@visionunderwriting.co.uk

Further information is available on our website log-in zone and requires a simple registration process to facilitate a log-in username and password.

Vision News Keeping you up to date.

WARRINGTON CONSTRUCTION BLITZ BY HSE IMMINENT
4th July 2006

HSE construction inspectors will be out and about shortly in Warrington on a programme of construction site visits.

Officials will be hoping to encounter better standards than their East England colleagues. A recent similar exercise in Grimsby and Cleethorpes, in which 19 sites were visited, resulted in instructions to stop work on 17 occasions, because people were at risk of falling and sustaining serious, if not fatal, injuries.

During July many of the active construction sites in Warrington can expect to be visited. The inspectors will be concentrating their attentions on those risks that are responsible for the majority of the serious and fatal accidents each year. Falls from height, transport, slips trips etc.

Contractors need to be sure that they are managing the significant risks on their sites, in particular those involving falls from height and vehicle movements. There has been an improvement in the standard of good order on the sites in the last year, but this also has to be maintained.

If HSE's inspectors come across situations where there is a significant risk to those working on the site, or to members of the public affected by it, they will take action to ensure the problem is resolved.

In many cases this will involve the service of enforcement notices that may close the site down completely. On others, particularly where contractors have a record of poor performance and they don't appear to have got the message, prosecution may be more appropriate.

HSE hope that contractors will take this message seriously and make sure that health and safety issues on their sites are being properly managed at all times, not only when they visit.

2.2 million people work in Britain's construction industry, making it the country's biggest industry.

It is also one of the most dangerous. In the last 25 years, over 2,800 people have died from injuries they received as a result of construction work. Many more have been injured or made ill. Between April 2004 and March 2005, 71 workers died and thousands were injured as a result of construction work. The main causes of the fatal accidents were:

falling through fragile roofs and rooflights

falling from ladders, scaffolds and other work places

being struck by excavators, lift trucks or dumpers

being struck by falling loads and equipment

being crushed by collapsing structures

So it's not just the North West that needs to be aware of making sites and work activities safe, HSE operate "Blitz's" all over the country, next month it could be you!

Vision can offer support for brokers' clients with a range of online and onsite Health & Safety Risk Management services.

Vision News Keeping you up to date.

The true cost of managing employment disputes
23rd May 2006

Age discrimination legislation is scheduled to come into force from October 2006. This latest legislation will add a further layer of complexity to already extensive employee rights that cover topics such as:

Wages Acts

Maternity/Paternity including family friendly/flexible working

Redundancy

Grievance/Disciplinary procedures

Unfair/Constructive Dismissal/Whistle-blowing

Equal Opportunities

Discrimination by means of Sex, Cross-gender, Race, Disability, Religion

Injury to feelings

With so much scope for making an error, even fair-minded employers are walking a procedural tightrope. Misinterpretation or ignorance of the latest legal position of any of the above could land an employer in serious financial difficulty. Faced with such exposure, many employers are looking for solutions to manage these risks. This is not unusual as many firms do not possess the necessary in-house expertise across all business areas. This is evidenced by the routine outsourcing of IT services to experts for a fixed service cost and managing HR is a similar outsourcing decision that now merits careful consideration. Sometimes there is an inherent management culture that exerts pressure on directors, compelling them to manage all personnel procedures as part of their normal duties. However, when faced with complex legal matters, even dedicated Personnel Managers recognise the need to outsource employment advice to legal experts, thus ensuring that they protect their organisations.

It is now recognised that the chances of being involved in a costly employment dispute exceed that of being involved in a serious fire, theft or flood. With ever-increasing and potentially unlimited discrimination awards, the costs of claims are rising alarmingly to the extent that even modest discrimination awards can threaten the survival of some firms. In addition to the reported compensation and normally irrecoverable legal defence bills, little is reported about the hidden costs of an employment dispute that include:

- Extensive Senior Management time taken up in case preparation and witness attendance

- Anxiety and Stress to all concerned

- Poor staff morale that leads to a fall in productivity/co-operation

- Negative PR leading to a potential fall in customer confidence

However, if this exposure is to be outsourced, care must be taken to ensure that any solution is comprehensive and reliable. There are so many services to choose from but the following ingredients need to be considered:

Quality of any legal advice is this from employment solicitors governed by the Law Society or a general call centre?

Is the advice relevant and practical so that you are left with solutions rather than knowing the general legal position?

Are you compliant? Regardless of the quality of advisors, all employers must have their contracts, processes & procedures audited and reviewed to reflect the current legal position.

Is there the scope to train managers so that even when they are expertly advised, they also know how to act appropriately?

It is a fact of life that, even with the best advice, claims will occur. When they do, will your insurance indemnity programme be reliable by maintaining a direct link with your expert advisors so that they can also represent you?

With extensive experience in this specialist sector, Vision has created a comprehensive range of high value employment products to suit most employers. With enviable product satisfaction, why trust your clients with generic low value bolt-on policies? After all, the most important satisfaction test of any product is not just based on cost, but crucially will it respond when you need it most? Even with the best risk management, employees are still taking their employers to Tribunal, although with a quality support package, you need not lose any sleep over it. Firms outsource their IT support because they are dealing with a complex and rapidly evolving discipline where mistakes can prove very costly-Managing Human Resources in the 21st Century has similar dynamics and outsourcing HR expertise has created one of the fastest growing service sectors in the UK.

For more information on Vision's fixed-cost solicitor supported HR Products, please email chrisbilas@visionunderwriting.co.uk

Vision News Keeping you up to date.

D&O opportunities in challenging times
8th May 2006

In these challenging times, the demands placed on a broker's time have never been greater. Vision recognises that brokers place significant value on the support specialist providers add to their business, ensuring their clients are adequately protected from new and increasing liability threats.

The many personal hazards now facing individuals that oversee, manage or direct organisations are normally underestimated by those concerned. However, providing Vision with the Name and Company Registration number will mean we can provide comprehensive and competitive terms, particularly for your Non Profit Organisation clients; the Charities, Trusts, Associations and Clubs that require at least a minimum level of cover for the wrongful advice or services they provide.

With premiums starting below £500 for many risks, our D&O products are supported by a level of service that allows brokers to concentrate on what they do best. In response to changing technology trends, Vision has installed on-line rating systems for brokers that are comfortable with such an approach. However, sometimes nothing beats being able to discuss the enquiry with an underwriter and Vision is also recognised for its approachable and knowledgeable staff coupled with a flexible approach to risk.

Where brokers have a significant flow of D&O business, Vision is able to consider bespoke special volume arrangements to suit your own particular requirements.

To see how you can stay one step ahead with D&O and other added-value Legal and Professional Products, call us today.

For further information on Financial Lines, please contact Cefyn James on 01242 244884 or email us on enquiries@visionunderwriting.co.uk

NB. Most On-line features require registration to Vision Online www.visionunderwriting.co.uk

Pension Trustees Minimise the risk!
28th April 2006

In a strategy report to be published later today the Pensions Regulator is scheduled to highlight the level of pension trustees' "knowledge and understanding"-particularly those looking after funds with under 1000 members. The Regulator has been quoted as stating that experience has shown "the standard of governance of many schemes, particularly smaller ones is poor".

The public scrutiny that trustees are now under has never been greater and the threat of claims is increasingly likely as scrutiny inevitably leads to looking to someone to blame.

Trustees' personal liability arising from their various wrongful acts is a potential financial loss which can and should be insured. After all you don't have to be wrong to be sued.

At Vision our Trustees' liability protection programme is readily available and increasingly popular.

For further information and an illustration of the protection we can provide contact Cefyn James on 01242 244884 or log on to our web site at www.visionunderwriting.co.uk.

Providing evidence of Health & Safety compliance
25th April 2006

It's not just insurers that take an interest in your clients' Health & Safety compliance. These days, getting onto an approved list of contractors is becoming tougher because Local Authorities and most large firms only want to employ contractors that can meet their Health & Safety compliance requirements. As well as requesting details of current liability insurances, more customers will now seek evidence of your clients' Health & Safety compliance and many firms will struggle to meet their legal requirements. In this increasingly highly regulated business environment, this need provides new opportunities for brokers, particularly for their SME clients.

There are a vast number of specialist firms constantly approaching your clients without your knowledge, often selling them expensive solutions to assist their Health & Safety management responsibilities. For those brokers that do not provide their own risk management services, or even those that do but simply want to provide a range of complementary assistance, Vision provides a range of affordable Health & Safety services delivered through the broker market:

- Insuresafe visit www.visioninsuresafe.com website delivered services with expert on-line back-up.

- On-site audits and annual management programmes delivered by expert consultants

If you would like a supply of Insuresafe Client leaflets or require advice on any Vision Product or Service, simply email this link enquiries@visionunderwriting.co.uk

Vision News Keeping you up to date. www.visionunderwriting.com

Increasing Liability Limit requirements keep brokers busy
12th April 2006

Your client is a local cafe owner who wants to attract more business by having tables and chairs on the pavement but has been informed by the local Council they will need £10m public liability limit to do so. Likewise, the mobile catering van in the lay-by outside town has also been told a £10m PL limit is essential. We might expect the builder who has scaffolding or his skip on the pavement to hold higher PL limits although you may not have considered this requirement potentially extends to the photocopier maintenance man simply visiting the Council offices. By now you get the picture that most businesses can be affected by this stringent application of Council regulations and, whilst the list may seem endless, Vision will consider most excess of loss insurance requirements your clients are ever likely to be faced with.

With more and more Local Authorities insisting on higher limits of indemnity, brokers increasingly need a cost effective, last minute quotation service. With rapid same day turnaround times and affordable minimum premiums, Vision's £25M excess PL limit capability is the brokers' natural choice.

Why not submit your enquiry to us today? The on-line enquiry form is easy to use and is sent direct to an underwriter's computer so you know it will be seen immediately. The quotation will be e-mailed back to you for maximum convenience. If you want to use this feature but have forgotten your username and password, please email webmaster@visionunderwriting.co.uk.

Should you prefer the alternative fax route, please fax a completed Vision excess enquiry form to us on 01242 244445. These forms are available from our staff or via our web-site as a download.

Vision the home of excess layers and much more.

General Liability

Professional Indemnity

Directors' & Officers' Liability

Legal Expenses

Risk Managements Services

TAX DOESN'T HAVE TO BE TAXING?
4th April 2006

That's the position regarding self-assessment for tax, according to the words of Adam Hart Davis in the recent series of Inland Revenue advertisements.

Whilst for the majority (we hope!), this statement is true, there is another side of the coin, when looking at self-assessment, that should be considered by taxpayers; these are the costs that can be incurred if the Inland Revenue selects you or your business for investigation.

To put this into perspective, we need to consider the impact of self-assessment on the Inland Revenue and its structure and resource allocation.

Prior to the introduction of self-assessment, a significant percentage of Inland Revenue staff was involved in the administration of the tax system. However, self-assessment has now enabled the Revenue to shift its resources from administration to the investigation of submitted returns with what many consider to be the objective of increasing tax income. To this end the authorities introduced a policy of Random Selection and no longer need to state a reason to commence an investigation into any given return.

Furthermore, the various departments and agencies are now exchanging information; hence the odds of an investigation are increasing. The result of all this is that the authorities have targets for investigating an increasing number of taxpayers.

Therefore, should you or your business be randomly selected for an investigation, as your main emphasis is to earn income/manage your business, accountants will generally deal with the matter on your behalf and deal with the Revenue for you. Quite naturally, as they are also in business, there will be costs involved in this work (often amounting to thousands of pounds), which the taxpayer will have to meet, even if they are not at fault and are subsequently completely exonerated.

Vision's Taxation Fees Disputes Protection Policy can safeguard clients against the risks of random selection and the corresponding costs involved. This type of coverage is becoming increasing popular because those clients, who have been insured and subsequently investigated, have had their accountant's fees resulting from the investigation fully covered by our comprehensive insurance that also includes Aspect Enquiries as well as Full Enquiries.

These fees can be completely avoided if fee protection cover is taken out and this will leave clients free from the worry of this potential financial burden and enable them to concentrate their activities into earning an income or running their business to maximum benefit, safe in the knowledge that these unforeseen costs are covered.

More detail is available to our Vision Online members.

Vision News keeping you up to date.

Vision BTE Legal Expenses Insurer changes from 1st April 2006
31st march 2006

With effect from 1st April 2006, the BTE legal expenses products provided by Vision Underwriting Limited will be underwritten by Great Lakes Reinsurance (UK) PLC. This change of insurer has been made by means of what is known as an insurance business transfer scheme and has been approved by the High Court in accordance with Part VII of the Financial Services and Markets Act 2000.

When the transfer becomes effective, Great Lakes Reinsurance (UK) PLC will replace Royal & Sun Alliance Insurance plc as the insurance company behind Vision's legal expenses policies. The cover available under the policies will not change. You do not need to take any action in connection with the change of insurer.

All policies and supporting documents and agreement wordings are being modified accordingly and these will also be updated on our web-site for the benefit of our Online members.

Vision News Keeping you up to date

Updated Control of Noise at Work Regulations
30th March 2006

New control of noise regulations come into force on 6th April 2006. Most businesses are not aware the new regulations will:

Any noise above 80dB can potentially cause hearing loss and the loss is caused by the power of the sound and the length of time you are exposed. Any exposure to noise above 140dB can cause immediate hearing damage.

Vision Excess PL Limit increases
29th March 2006

We are pleased to announce that our maximum available Excess of Loss Limit has increased from £20M to £25M.

This development will enable you to obtain excess of loss solutions to meet most of the contract scenarios your clients are ever likely to face.

In addition to the usual annual excess of loss requests, please also remember that we are very flexible and can consider:

One-off contracts as well as annual cover for work restricted to certain customers only.

Airside exposures.

21.2.1 & similar non-negligence contracts.

High level of heat work away including welders

USA/Canada Exports (up to 15% of total)

Vision quotations are provided on a first-come, first-served basis, ensuring your competitive advantage.

Vision News keeping you up to date.

Charities and other non-profit organisations face numerous people risks.
23rd March 2006

Running an organisation can be a rewarding experience. Yet, the sheer volume of legislation that regulates the way you treat one of your greatest assets, your employees, can ironically turn out to be one of your greatest weaknesses. Workplace safety, compulsory insurance, employment rights and corporate governance legislation are without doubt areas that require active management. In this article, I wish briefly to draw the various legal responsibilities to your attention.

Follow the link to read the full article.

Vision provides most legal & professional liability insurances including EL/PL/PI/D&O/EPL (Primary and Excess Layers) plus H&S & HR consultancy services.

Vision News Keeping you up to date.

Agricultural and land consultants
13th March 2006

Consultants face challenges of immense complexity.

- the environmental imperative of maintaining and enhancing a resource base to meet the expectations of an ever widening interested community. For example

- the need to be competent in handling business, human relations, production planning and operational issues

- the need to be aware of and complying with ethical and legal codes of practice.

Please follow this link for the full article .

For further information please contact Cefyn James.

Awareness of Employers' Liability legislation
3rd March 2006

If you regularly read the insurance press you may have noticed a survey which concluded that 73% of UK sole-traders are unaware of the update in Employers' Liability legislation. So what does this mean for the average broker? As you have a duty to provide advice to your clients to ensure their insurance needs are met, the following information may prove useful:

- There is a legal obligation to effect an Employers' Liability policy if you employ at least one person (including part-timers, temporary workers and subcontractors).

- Self-employed persons working for you on a regular basis may need to be covered by your Employers' Liability policy although you may not need to insure those working for more than one customer (Those working for more than one customer are often classified in insurance terms as bone-fide sub-contractors).

- Limited companies are legally obliged to effect Employers' Liability although, since February 2005, limited companies with only one employee and where that employee also owns 50% or more of the issued share capital in the company, have been exempt from compulsory Employers' Liability insurance.

- Firms who hire unpaid students, those on work experience or participants in a youth/adult training scheme need to include these under their Employers' Liability insurance as these people are likely to be classed as employees.

- If you employ close relations (spouse, child, parent, grandparent, stepchild, grandchild, sibling or half sibling) you do not have to effect Employers' Liability insurance (unless you are a limited company).

- If you do not hold Employers' Liability insurance and you should, you can currently be fined up to £2,500 for any day you are without insurance and failure to display the certificate can lead to a £1,000 fine.

- Employers' Liability insurance certificates must be kept for 40 years after their expiry date.

- A minimum of £5m cover must be in force although most insurers provide cover to at least £10m.

The cover does not have to be with the same insurer you can split it between different insurers.

- Regardless of the compulsory minimum requirements, please also consider the catastrophe exposure potential based on the number of employees at any one location. The assessment will determine whether excess layers may be required.

Vision considers primary and excess Employers' Liability insurances with a range of associated health & safety risk management solutions.

Vision News keeping you up to date.

VisionInsuresafe Improvements
27th February 2006

Vision's innovative on-line Health & Safety service has recently been improved to incorporate a new Business Continuity section and a new On-line Document Manager.

The annual service subscription remains unaltered adding even more value for your clients.

Further information is available on this link.

Vision News Keeping you up to date

Directorships-Privilege or Peril?
1st February 2006

The responsibility placed on the broker to address all the potential protection needs of the client, has resulted in increased interest (and take up) of polices such as Directors' and Officers' Liability Insurance. In the following article Cefyn James of Vision Underwriting Limited explains why this upsurge in interest has taken place.

These are difficult times for Directors and Officers of any business and the future is expected to be, if anything, even more turbulent. The threat of litigation looms ever constant on the horizon from an increasing number of areas with economic stresses and increasingly stringent regulation being just two factors contributing to the current litigious climate. Commercial litigation appears to be tantamount to an occupational hazard for Directors and Officers today and the threat of many of these suits exists whether the company is public or private and irrespective of the type or size of an organisation.

Whilst being threatened with potential liability for almost any decision made, there are certain categories of exposure that have consistently led to claims and which appear likely to increase in the foreseeable future.

1. Regulatory Exposure

All businesses are regulated to an extreme degree. With the passage in recent years of numerous Statutes, Directives and Codes of Conduct, regulatory enforcement has been significantly expanded and the legal framework continues to evolve. One of the most significant changes has been the requirement that the regulators themselves take prompt corrective action, including the closure or cessation of trading. As ignorance of the law is no defence, there can be little doubt that claims against Directors and Officers will increase as regulators utilise newly found enforcement powers.

2. Shareholders' Exposure

Upon the announcement of unexpected adverse news, Directors and Officers are frequently sued for shareholder violations. Such claims are brought by shareholders in the form of a class action and because of the large number of potential class members, potential liability is substantial. Shareholders bring class claims alleging violations of disclosure and/or material misrepresentations upon which the shareholder relied in deciding to purchase, hold or sell company stock.

Over the past ten years actions have been routinely filed by small groups of shareholders and it is expected that these types of claims will continue and even increase as shareholder legal counsel cites allegations of failure to abide by new regulations relating to financial management and accounting, to bolster claims for mismanagement.

3. Mergers and Acquisition Exposure

All M&A activity including takeovers (hostile or otherwise), and leveraged buyouts, present a potential for liability. Shareholders from either the buying or selling entity may assert that too much or too little was paid, that corporate activity in pursuing or fending off a takeover bid was inappropriate, that shareholders were given no opportunity to vote on the M&A activity or that disclosure documents in connection with the vote were deficient. Research has shown that companies active in the M&A field are twice as likely to face a potential claim and, fuelled by successful litigation, this trend is spreading towards smaller companies.

4. Errors and Omissions Exposure

Businesses render numerous professional services to customers, all of which expose the company and its officers, directors and employees to claims, including those where there is a failure to follow written instructions, inappropriate advice or any other failure to render the necessary professional service.

It wasn't so long ago that most disagreements with a client could be settled with an apology or a rebate and those that couldn't meant nothing worse than the loss of that client. As economic pressures have mounted however, most clients wish to go further. If they perceive that they have lost money or opportunities through a company's mistake, inefficiency or negligence, the tendency is to issue a writ that is followed by long and costly legal action and perhaps an even more expensive settlement. Exacerbating this is the ease of access to legal assistance. The internet, no win, no fee' offers and alternative funding arrangements have all helped fuel the compensation culture and it should be of no surprise that more and more people are refusing to take up directorship positions without adequate protection in place.

5. Environmental/Pollution Exposure

This type of liability remains a hot topic and both national and EU laws have been promulgated in connection with environmental protection issues including amongst others, attempts to regulate clean air, water, toxic substances, hazardous waste and resource conservation. As new surveying responsibilities prior to purchase look set to place even more onerous duties on company land purchases, environmental exposure is here to stay.

In addition shareholders are increasingly making claims alleging violation of corporate law in management decisions in respect of environmental matters. Negligence or breach of fiduciary duty may be claimed for failure to prevent an environmental problem, failing to correct one not prevented and even failure to inform shareholders properly of the company's progress in cleaning up an environmental hazard.

6. Employment and Compensation Exposure

Monitoring D&O claims increasingly indicates that employment related claims make up a significant percentage of all claims against Directors and Officers. Recent and forthcoming legislation will undoubtedly identify this area as one of the most pressing concerns for all businesses. As it addresses legal, regulatory, human resource and insurance issues it is a complex, multidisciplinary exposure that requires comprehensive risk management solutions.

Having to deal with an actual or alleged employment related claim can be devastating to any company but they can be particularly threatening to a small business by virtue of its close involvement in daily decisions, operations and frequent associations with staff. Even if damages were not awarded, the legal fees alone can seriously affect a company's ability to continue its proper business concerns.

7. 'Outside' Directors Exposure

Such directors are routinely threatened with potential liability or sued along with the rest of the board.

Historically there was a distinction between inside and outside directors with the courts and regulators focusing primarily on those directors actively involved in the management of the company. Outside directors were not expected to be involved in the company's day to day affairs. Today the trend is for outside directors to be knowledgeable, even experts of their industry and expected to be the board watchdogs. Regulators have even encouraged companies to utilise more outside directors who are demanding information and back up documentation as well as becoming more critical of management. Non executive directors, for example, who are not involved in the day to day activities of the company but seek to shape its strategy and steer its performance increasingly have to weigh such advantages against the risks.

8. Risk Reduction

Directors' and Officers' of any business will continue to be exposed to potential liability from all directions. Such exposure can however be identified, managed and reduced. This can be achieved in a number of different ways including education and training, active participation in company affairs, expanded use and regular consultation with outside professionals and, of course the maximum use and purchase of insurance.

Ultimately directors will depend on their liability insurance to protect them against the risk of a judgement on their personal assets and, by identifying the areas of greatest potential exposure and obtaining the appropriate insurance product for the risk, Directors and Officers and their company can contain the ultimate loss.

Directors and Officers liability insurance is intended to protect board members from liability for wrongful acts, errors and omissions allegedly committed in their official capacities. This insurance is all encompassing and protects against all claims for judgements, settlements and defence costs.

Any business environment will not survive without good Directors and Officers. Yet the right individuals will be hard to find and even harder to hold on to because of the potential exposure that they face. The prospect of unlimited liability with lifelong ruin hanging over their and their families' heads does nothing to produce the personnel or company performances that are needed.

In addition there is a danger of directors becoming more risk averse preferring to monitor the administration of the business rather than provide quality leadership. Shareholders are likely to lose far more money through underperformance and are ever more adept at pursuing those that they believe to be at fault.

Each and every business has to make a concerted and dedicated effort to implement procedures for risk reduction and loss containment. Each company has an obligation to reduce the likelihood that will cause harm and spawn lawsuits. It is perhaps never possible to avoid completely the last recourse of a disgruntled client for example, but it is vitally important that all businesses make every effort to contain exposures. At the very least such problems are a major irritation and a cause of considerable additional work for all concerned: at a more serious level, they can impact on the individual's (as well as the Company's) reputation and prosperity. It is little wonder that both brokers and clients are addressing the protection issues of Directors and Officers with increased vigour and it is no surprise that the number and type of company (Plc, private, non profit etc) purchasing adequate protection continues to grow.

Vision Miscellaneous PI Recognising the exposure
10th January 2006

New business opportunities present themselves as the list of professions seeking Professional Indemnity protection increases.

Recently we have seen an increasing demand for tailor made PI protection arrangements. To meet this demand (and in addition to our existing PI professions portfolio), we are pleased to announce the launch of our 2006 Miscellaneous products range.

Over the next few weeks we will highlight each particular specialist area and our criteria to ensure your precise targeting of existing and potential clients. From our research, these are the areas of demand:-

Agricultural and land consultants

Investigation and analytical services

Education and research establishments

General consultancy

Naturally if there is any other profession or target area you wish to discuss then please let us know. The important point is to recognise and assess the extent of the exposure and ensure adequate protection is in place.

For more information, please contact Cefyn James.

Vision News Keeping you up to date

Last Minute Excess of Loss
15th December 2005

In this traditional period of pressure to secure year end placements, Vision is offering one of the fastest underwriting services in the market.

Our established blend of expertise, flexibility and service standard is coupled with our first come, first served exclusive advantage.

For limits up to £20M with a minimum premium starting at £500, Vision is the broker choice.

Vision products include:

Primary EL & PL

Primary & Excess Professional Indemnity

Primary & Excess Directors' & Officers' Liability

Expert on-site and more affordable on-line health & safety services (can be purchased in isolation of a Vision Insurance Products)

Register on to Vision Online and obtain access to documents and interactive services.

Wishing all of our business partners seasons greetings and a happy new year.

Vision News keeping you up to date.

JCT 21.2.1 (Non-Negligence) Excess of Loss Options
21st November 2005

Many intermediaries have tried Vision's Excess EL, PL/Products & Professional Indemnity products although they may not be aware that Vision also writes JCT 21.2.1 (or similar) excess layers for various one-off contract sites. Provided that the Contract Works policy covers at least the first £1M coverage for JCT 21.2.1 (or similar), Vision can consider one-off contracts for higher limits, subject to a copy of the plan and details of the proposed works.

Vision For all your excess layer requirements.

Vision also writes Primary General Liability, Professional Indemnity and Directors' & Officers' Liability risks.

Vision News Keeping you up to date.

Directors' & Officers' Liability The Vision Broker Support System
4th November 2005

In response to the requirement to discuss all client protection needs, Vision has devised the following broker support system for assisting you with your Directors' & Officers' liability enquiries:

- Support materials for brokers and their clients so that this insurance is better understood. Simply print what you need as and when you require

- Access to the on-line premium indication system so that you can understand how much premium your clients can expect to pay for the coverage

- On-line proposal and policy variants for all manner of firms and organisations, including charities and pension trustees with comprehensive policy coverage

- Extensions include Fidelity Guarantee coverage

- Access to experienced underwriters to support brokers with their questions, discuss individual requirements and underwrite more complex enquiries

- Vision's Superior Service

- Vision's First Come First Served Exclusive Advantage

Access Vision Online today or call Cefyn James on 01242 244499 to see how Vision can support your Directors' & Officers' Liability insurance requirements.

Vision News Keeping you up to date.

Flexible and Responsive Vision Short Term PL Contracts
20th October 2005

It's 2:30 pm on a Friday and your client has just telephoned to tell you they need a higher PL limit for a five day contract that they are going to start on Monday morning. Their existing insurer isn't happy about increasing the cover and the client doesn't want to commit to an annual policy. So you need a quick quotation just for a short term contract where do you turn?

Vision is a specialist underwriter and can provide short term policies for any timescale, from one day upwards. We can even provide annual cover for an ongoing contract in isolation from clients' other work. Premiums start from £500 + IPT with a quotation turnaround time designed to deliver a solution to the broker on the same day. So, if you need terms urgently, we'll pull out all the stops to make sure you get a solution on time. This flexible and responsive approach to brokers' needs has earned Vision the reputation of being the brokers' first call for many specialist products.

For more information about any Vision Product or Risk Management Service, please call Chris Bilas on 01242 244499.

With Vision Online, you can login and submit enquiries electronically, view documentation and, with certain products, receive premium indications.

Vision News - keeping you up to date.

Solicitors' Excess of Loss PI
29th September 2005

The Vision Group is well known in the legal sector for its innovative range of legal expenses products. However, Vision also provides professional indemnity solutions and has kept a close eye on recent developments regarding solicitors' own professional indemnity requirements.

With this year's solicitors' PI placement season almost over, we have decided not to compete on a primary basis, preferring to focus on excess of loss top-ups for brokers who already hold the solicitor's primary covers.

As top-up covers are normally placed at the end of the placement season, Vision is still prepared to consider serious solicitor excess layer enquiries from holding brokers that are placing the primary cover or those that historically have held the top-up layer(s).

Vision has Capacity for excess layers up to £5M and quotations are offered on a first come first served basis.

On a wider point, please note that Vision also provides primary and excess of loss PI insurances for most professions including design & construct requirements and welcomes your general enquiries. Most brokers will already know that Vision is also a major force in excess of loss covers for Public and Products liability although this capability has been extended to providing Excess Employers' Liability and larger Primary enquiries. Vision has recently supplied Excess of Loss Employers' Liability quotations for solicitors' office insurances as primary EL Limits on these packages are often considered to be inadequate to protect fully employee accumulation on large sites.

For more information, please refer to the relevant folders in your member log-in zone.

Vision Corporate Governance Products
10th August 2005

Vision provides a range of fixed cost Corporate Governance support products as follows:

For more information, please contact Chris Bilas.

Vision News-Keeping you up to date.

CHANGE OF ADDRESS
1st August 2005

With effect from 1st August 2005, the Vision Group address has changed.

This affects the following Group Companies:

Vision Underwriting Limited

Vision Employment Health & Safety Limited

The new address is:

Royal Mews

St Georges Place

Cheltenham

Gloucestershire

GL50 3PQ

The other contact information remains unchanged.

Please amend your contact data accordingly.

Vision News keeping you up to date.

The costs of Employer non-compliance.
14th July 2005

Did you know?

Vision recognises that the management time and cost of keeping up to date with these complex matters is a significant overhead on business. However, brokers can now support their clients with a range of Vision fixed-price employer compliance solutions supported by a team of Employment Solicitors, qualified Health & Safety consultants and responsive Legal Expenses insurance in one flexible, integrated package. There are numerous coverage options to suit most requirements.

For those brokers that simply want a low cost Health & Safety solution, select Vision Insuresafe. Vision can provide brokers with DL Insuresafe marketing literatue to support their client awareness role regarding liability insurance and Health & Safety risk management.

To find out more about the Employer Protection Package or Insuresafe, contact Chris Bilas.

Vision News Keeping you up to date.

Vision Online Upgrade
30th June 2005

Vision Online members can now save and retrieve their online Excess Professional Indemnity and Excess Employers' Liability enquiries. The ability to save and retrieve has proven to be very popular with brokers using the online Excess Public Liability application.

Soon, members will be able to produce straightforward Directors' & Officers' Liability illustrations through Vision Online. However, because of the diversity of Professional Indemnity enquiries, these are still best handled on a traditionally submitted basis along with more complex Directors' & Officers' Liability cases.

Vision will of course continue to accept all enquiries through the submission medium you feel most comfortable with, including using the post and fax.

If you require any assistance with your on-line account or have forgotten your user name and password, please contact the webmaster.

Vision News Keeping you up to date.

Vision Employment Health and Safety
10th June 2005

The June 2005 Health & Safety Newsletter is now available.

Last Minute Excess of Loss
26th May 2005

If you have last minute Excess of Loss insurances to place, Vision is your first choice.

You can:

Vision operates an exclusive first-come first-served basis, so provided we have not seen this elsewhere, the quotation is reserved for you.

Vision News - Keeping you up to date.

Vision Launches Premier Directors' & Officers' Liability Insurances
12th May 2005

Market Sector - Public & Private companies including non-profit organisations.

Comprehensive Coverage using a clear and concise insuring clause with broad definition of directors and officers.

Additional Covers include:

General

Capacity

Arch Insurance Company Europe Ltd.

Other Advantages

For further information, please contact Chris Bilas on chrisbilas@visionunderwriting.co.uk or phone 01242 244499

Vision News - Keeping you up to date.

Primary Professional Indemnity and Directors' & Officers' Liability
10th May 2005

Vision enters Primary Professional Indemnity and Directors' & Officers' Liability marketplace.

If you require further information please contact Chris Bilas on 01242 244499 or via email to chrisbilas@visionunderwriting.co.uk.

Alternatively, simply email or fax your enquiries to Vision now and an underwriter will contact you.

Vision News Keeping you up to date.

The April 2005 Health & Safety newsletter is now available
11th April 2005

This months topics are:

New regulations on work at height that come into force on 6 April 2005

- HSE publishes research into factors motivating employers to comply with health and safety law

- HSC undertakes review of RIDDOR

- New Approach to Good Practice and Exposure Limits for Chemicals

- Health and Safety court round up - The scale of these penalties should provide further focus in highlighting the need to take the subject of health and safety seriously.

Click here for the newsletter.

Register on our main site www.visionunderwriting.co.uk and receive access to Vision's Health & Safety Services Product Folder that enables you to book a range of risk management services to assist your clients:

Vision Health & Safety Risk Management Services:

1) Insuresafe. Vision's self-managed on-line solution backed up by online Experts when you need advice. Click here for brief overview. You can get a flavour of Insuresafe through the link on our main web-site or direct on www.visioninsuresafe.co.uk

2) On-site audits for insurability through to a range of tailored managed programmes, all performed by fully qualified professionals.

If you wish to know more about any Vision Product or Service, please contact Chris Bilas on 01242 244499

Vision News Keeping you up to date.

Improve your Client Relationship with Vision Risk Management Services
29th March 2005

Vision launches Insuresafe The cost effective online solution to SME Health & Safety Risk Management. This new service is designed to be promoted by brokers for the benefit of their SME client portfolio. Vision Insuresafe fulfils a variety of needs, least not being able to demonstrate your clients' H&S compliance commitment to their insurers for insurability of liability insurance.

Vision Insuresafe is backed by online Health & Safety Experts ensuring that member clients can obtain guidance on any H&S aspects that concerns them. For those clients that want onsite assistance, they can upgrade the Insuresafe service to include onsite assistance by qualified professionals, all at highly competitive prices.

It is important to note that any Vision Health & Safety Service can be purchased in isolation of a Vision insurance product although, for Vision Primary Combined EL & PL insurances, Vision may insist on membership of Insuresafe or an onsite Health & Safety Audit Report by Vision professionals. Brokers can also purchase the product themselves, not only for their own Health & Safety compliance, but so they can then answer any H&S question that insurers or their clients may ask of them.

When you next log-in to Vision Online, you will be able to access the Online Application for Vision Health & Safety Services so that you can obtain annual membership pricing information. In addition, there is further information regarding our range of quality onsite services in the VEHS Product Folder. You can place an order for any Vision H&S service in the same way as you place insurance business with Vision and the items will appear in your normal monthly Vision Statement of account, complete with introducers' commission.

You can gain a flavour of Insuresafe by clicking onto the Insuresafe link at the top left of Vision Online or access the site direct at www.visioninsuresafe.com

If you wish to discuss any Vision Product or Service, please contact chrisbilas@visionunderwriting.co.uk