Professional, General and Product Liability

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The legal environment enables actions to be brought against individuals and companies from a number of principal sources:

  • Tort liability (common law) – a breach of a duty owed to the public or a specific third party (e.g. negligence, nuisance, trespass, libel, slander);
  • Statutory liability – responsibilities to third parties created under legislation (e.g. Trade Practices and Fair Trading legislation, Occupiers Liability, Sale of Goods etc.);
  • Vicarious liability – assumed because of a relationship with another party (e.g. principal and agent, principal and contractor, employer and employee);
  • Strict liability – imposed by either statute or common law precedents;
  • Contractual liability – obligations and responsibilities created under contract between two or more parties (e.g. sales contract, building contract).

 

Due to the diversity and complexity of exposures created from this legal environment, a number of packaged liability insurance products have been developed to respond to the needs of particular organisations, refined over time to respond to legal exposures facing a corporation and people.

DKG deliver outstanding Standalone and Packaged Liability Insurance Placement Outcomes covering Professional; Public and Products risk

General & Products Liability

Professional Indemnity

Directors and Officers

Management Liability

Statutory Liability

Cyber Liability

We understand the insurance market offerings “Sell our clients risks” and “negotiate hard” with insurers.

Our submissions to insurers detail your business and the professional activities. We demonstrate your experience and track record in each specific business and professional activity you undertake. The level of professionalism, quality standards accreditations, and management systems employed in your organisation, details of audit procedures, peer reviews, and training programs used to monitor and improve operational systems and the level of competency of your employees.

Where claim incidents have occurred in the past, we provide details of how the circumstances have arisen, and loss control procedures put in place to prevent incidents from reoccurring.

Our Insurance placements are combined with robust Contractual Liability and Employment Practices Legal Advice

DKG understand that Commercial arrangements between principal and contractor or supplier require acknowledgement that the supply of the contract or services includes recognition of the accountability or responsibility of each party.

How this accountability or responsibility is documented may be critical to the extent that a contractor or supplier is indemnified under their liability insurance policy.

This creates a significant obligation on the organisation to review the insurance implications of all contracts prior to signing, and obtain insurers specific approval when assuming additional liability under a contract.

DKG’s Legal partners review contracts and provide our clients with advice on contractual liability and insurance clauses. Our clients become equipped with the knowledge to negotiate out of onerous insurance clauses. And DKG are positioned to negotiate with insurers to ensure any liabilities assumed under a contract will not compromise insurance coverage.
Employment Practices Liability exposures can arise whilst the employment relationship is in place, after it has been terminated, or even before it has commenced. DKG’s Legal partners provide our clients with advice on a range of Human Resource & Industrial Relation issues such as performance management and termination, and employment agreements.

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