Statement regarding working and/or returning to work and key considerations.

The recent announcement by the Government, regarding the phased strategy for lifting the “lockdown” restrictions, has resulted in many of you wanting to know whether you can return to work, what you and your business needs to consider before doing so and how your insurance policy may respond.
The following comments, relate to the Professional Liability and Malpractice policy, that Balens offer for UK Policyholders. It aims to provide information to you, which should answer the vast majority of queries you may have. If you are not a UK policyholder or the information does not answer all your queries, please email us in the first instance at the following addresses. It should be noted that the information provided below, is our full guidance on the issue and phoning the office, will not provide any further clarity for you; it will simply result in less time for us being able to answer unrelated queries. As you can appreciate, we are still providing a limited service:

Where possible, please contact us by email, not telephone. Addresses are:

Q: I am thinking about re-opening my business and want to know whether I can see clients face to face again?
A: Balens, as an Insurance Broker, are unable to provide to provide you with guidance as to when you should resume face to face treatments, therapies, activities, instruction and/or advice to members of the public. As you can appreciate, making such important decisions is outside of our remit. Our core purpose, is to source a suitable policy to meet your insurance needs and to clarify how cover operates. That said, many of you will know, that Balens is a specialist Broker in the Heath, Wellbeing, Fitness and Beauty arena and prides itself on supporting our clients. We have therefore, put together the following for you to consider :

  • Follow the Government guidelines and advice at all times and abide by any legislative requirements.
  • Consult you Professional Body, Association and/or Training Provider for guidance, if relevant.
  • Follow Best Practice guidance and observe any Codes of Conduct, if relevant.
  • Consider whether it is essential that you undertake work, whether you are deemed a key or critical worker and whether all Government restrictions have been lifted for your business sector.
  • Evaluate whether you can treat clients remotely via video-link and observe social distancing rules/infection control.
  • Execute your own professional judgement

Q: Would the policy respond if I did undertake an activity for which I have insurance for under the Professional Liability Policy?
A: The Professional Liability policy does cover you against third party claims and allegations of negligently causing accidental bodily injury, which includes illness, in the course of your business. The onus will be on the claimant to prove you were negligent and liability will need to attach to you, for the policy to respond. Any claim will be individually judged by insurers and subject to the full policy terms and conditions.

Important note: The Professional Liability Policy does contain a Criminal or Malicious Acts exclusion so, if you violate a law, then indemnity granted under policy will not apply

Q: Can Balens provide guidance on H & S considerations for me, when I reopen my business:
A: Once again, this is unfortunately outside of our remit. Please refer to the bodies mentioned about that should provide guidance and support to you. Many of you are asking, if the policy will contain any new conditions that you will need to observe for treating/instructing clients, ie using PPE etc. At this present moment in time, we are not thinking about amending the policy to include conditions about practice protocols. If this situation changes, we will notify you accordingly. Please continue to observe all other terms and condition of cover, however.

The situation is an evolving one and as lockdown reduces and the “phased” return to work approach expands, further questions may be asked by you. We will be constantly monitoring and reviewing the situation and updating the website accordingly.