Public Liability

Public Liability

Our Public Liability insurance policy provides an indemnity to Shropshire Council for their legal liability to a third party for damages in respect of bodily injury, death, disease or illness and/or for any damage to property, which happens in connection with the business of Shropshire Council.

It should be noted that volunteers are deemed to be third parties whilst working for the council and are therefore covered under the Public Liability insurance as opposed to the employers liability insurance.

For a claim to be successful against the council there has to be a legal liability to pay and this is normally due to negligence on the part of the council in some way.

If you are approached by a third party wanting to make a claim against the council:

• Do not give any opinion as to liability.
• Advise the claimant that they must submit their claim in writing to the Insurance team.
• If you receive a letter of claim, do not acknowledge it but send it by fax or email the same day to the Risk Management & Insurance team.

A claim form will be issued to the third party for them to complete. This will give detailed information regarding the nature and extent of the claim.
Upon receipt of the claim form we will send this to the insurance company who will deal with the claim on our behalf.

Once a claim has been made against the council, there are strict time scales which must be adhered to. Failure to keep to these can lead to a fine and the possibility that evidence may not be allowed to be used by us in court. Insurers have 21 days to acknowledge the claim and only three months to make a decision as to liability.

It is important that the following are adhered to once a claim has been made against you.

You will be sent a claim form and this must be completed as soon as possible and returned to the Risk Management & Insurance team.
Insurers may ask the Insurance team for further information and when asked, you must reply with the requested information as soon as possible.
Do not enter into correspondence with the third party at any time.
If Insurers chose to appoint a claims investigator, you must be as co-operative as possible and answer their questions honestly and in a timely manner.
If the matter goes to court, do not worry, the Insurance team will support you through the process.

If you are utilising the services of a contractor or any external service provider, then it is Council policy that you must ensure they hold current Public Liability insurance to a minimum of £5,000,000. This must be evidenced by sight of their current liability certificate. If you are in any doubt, then contact the Risk Management & Insurance team for further advice.