Specialised Professional Indemnity Insurance Policy in NSW
Certicover Insurance is a specialised professional indemnity insurance policy that is specifically designed for registered certifiers and members of the Association of Australian Certifiers (AAC). Our team of expert insurance advisers have worked closely with the AAC to develop this insurance product to meet your specific industry and career needs as a certifier. With Certicover Insurance, you are guaranteed cover you can count on for yourself and your business.
What We Cover
Certicover Insurance is the cover you can count on. It is a broad professional indemnity product that meets the relevant cover requirements of the Building and Development Certifiers Regulation 2020 as demonstrated in the table below:
Regulation Part 3
Cover Provided by Certicover Insurance
11. Liability (for)…breach of professional duty…including any act or omission or breach of Australian Consumer Law or corresponding State law
A7 “Civil Liability” means legal liability arising from any civil cause of action including but not limited to the Competition and Consumer Act 2010.
Causes of Action
14 to 16. All liability of registered entity since registered
Unlimited retroactive available.
Acceptance of Claim
17(1).”claim is made against insured person and notified to the insurer before the policy’s expiry date”
B1. Claims made and notified in period.
Limit of Indemnity
18. per-claim claim limits of $1-2 million; annual limits of up to $2 million including relevant expenses for individuals or $20 million for body corporates or partnerships
Limits up to $20 million available.
18. Preferably covered in addition to maximum claim limit but may be included if sum insured is increased
Inclusive of Limit of Indemnity. Option for Relevant Expenses in addition to Limit of Indemnity available – Optional Extension D7.
19. Permits exclusion of cover for non-compliant cladding for policies issued on or before 30 June 2022
An External Cladding Exclusion may be imposed by Endorsement as required on merits on a case-by-case basis and as allowed by DFT.
20 and 21. Other exceptions and exclusions not inconsistent with this part
Exclusions E1 to E20 are standard but particularly note: E1-Dishonesty, E3-Insolvency, E5-Known circumstances, E6-Known claims and inquiries, E17-Anti-competitive conduct.
- AAC members will have the option of tailoring their professional indemnity policy cover to their own individual needs. An overview of the features included in the standard professional indemnity policy cover is provided below.
- The Certicover Insurance civil liability professional indemnity policy is comprehensive and the wording is broad. It can be tailored to provide coverage against a wide range of legal risks with many standard and custom optional extensions available.
- Scroll through to get more information on Essential Protection and other benefits available as part of your Certicover Insurance policy.
Features & Benefits
Our Essential Protection benefits include civil liability for loss resulting in personal injury, property damage or financial loss arising from the performance of professional services. The relevant expenses are paid in advance, prior to the final resolution of a valid claim with consent from Certicover Insurance. Cover for statutory liability includes:
- Claims alleging breach of warranty or condition as to merchantable quality, due skill and care or fitness for purpose implied in a contract under common law and/or the Trade Practices Act;
- Claims brought under the Trade Practices Act (except for anti-competitive practices)
Standard Policy Features
The standard policy features included in Certicover Insurance are:
- Inquiry Costs: Costs incurred in preparing for and attending official inquiries and investigations
- Loss of Documents: Costs incurred in restoring or replacing lost documents
- Reputation Protection: Public relations costs for engaging a public relations consultant to protect the member’s professional reputation in the event of a claim or a potential claim
- Extended Reporting Period: If the Protection is not renewed or replaced with a similar policy, the member has an extended 30-day period to notify a claim under the Protection for professional services performed prior to the end of the Protection period
- Vicarious Liability: Protection for members against claims arising from mistakes of contracted or employed consultants, sub-contractors or external staff
- Intellectual Property Rights: Claims alleging infringement of intellectual property rights (other than in North America)
- Defamation: Claims alleging defamation unless intentional Other Standard Protection includes Fraud & Dishonesty, Civil Fines & Penalties, Joint Venture Liability, New Subsidiaries, Estates & Legal Representatives and Unmanned Aerial Devices (Drones).
Optional Policy Benefits
- Automatic Reinstatement: The limit of indemnity will be reinstated once following erosion from payment of a claim for other unrelated new claims
- Limitation of Liability Contracts: Written commercial contracts that members enter into with other parties that limit their liability will not prejudice the Protection
- Contractual Liability: Protection for the member’s liability to pay under an indemnity and/or hold harmless term of a contract to the extent that such civil liability results from the member’s performance of professional services
- Proportionate Liability: Liability the member has assumed by contracting out of proportionate liability legislation
- Relevant Expenses in Addition to the Limit of Indemnity: An additional limit of indemnity applicable to any one claim is available for relevant expenses Other Optional Protection Benefits include Novation Agreements, Costs of Mitigation or Rectification, Continuous Cover and Run-Off cover (on an annual renewable basis).
Certicover Insurance is able to accept the first notice of loss and understand the circumstances surrounding your potential claim. We then refer the claim to Gallagher Bassat and our select legal panel to provide claims management, advice and support.
Single excess applies where multiple claims are caused by a single act, error or omission, or series of acts, errors, or omissions attributable to one source or original cause. Only one excess will apply. Note: Sub-limits and exclusions apply.