Tradesman Policy Key Facts and Frequently Asked Questions
The straightforward qualification criteria are:
1. no insurer has ever declined to insure you, or refuse to renew or terminate your Employers, Public or Products Liability insurance.
2. you or your directors or partners have never been convicted of or charged with (but not yet tried for) a criminal offence, other than a motoring offence, except as provided for under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.
3. you or your directors or partners have never been owners, principals or partners of any other firm involved in this or a similar business which has been declared bankrupt.
4. you have not suffered any losses or made any claims in the past three years for any of the perils or contingencies to which this insurance applies
5. the total amount paid to Bona-Fide Sub Contractors does not exceed €150,000 or 25% of your annual turnover whichever is the lesser, unless you have specifically advised us to the contrary.
6. where you are applying for Employer’s Liability cover your payments to Labour Only Sub Contractors do not exceed €7,500 per year, unless you have specifically advised us to the contrary.
7. any hot work you undertake, is carried out in accordance with the condition 13 i set out on page: 12 of the policy (See Below).
See our occupations page for full range of trades catered for under the McCarthy Insurance Group Tradesman Liability facility.
The standard Limits of Indemnity provided are:
• Employers Liability (when included): €13,000,000 any one claim and unlimited any one period of insurance.
• Public Liability: €2,600,000 any one claim and unlimited in any one period of insurance, with an option to increase the limit any one claim to €6,500,000
• Products Liability: €2,600,000 any one claim and in the aggregate in any one period of insurance, with an option to increase this limit to: €6,500,000
In addition each policy provides cover for:
• Contractual Liability (subject to the terms of the policy we will indemnify the policyholder in respect of liability which arises out of the performance of any contract or agreement)
• Cross Liability (in the event the policyholder named in the schedule comprises more than one party, we treat each as though a separate policy had been issued to them.
• Compensation for court attendance up to a maximum of €7,500 in any one period of insurance
• Legal expenses arising from Health and Safety Legislation in respect of any criminal proceedings brought in respect of a breach of the Health and Welfare at Work Act 1989 or similar legislation in the Republic of Ireland.
The McCarthy Insurance Group Tradesman policy does not require you to disclose wages estimates, nor do we require an adjustment at the end of each period of insurance. However policyholders are required to make a new statement of fact at each renewal date, detailing any changes in their business or number of employees for the forthcoming period of insurance.
* You are required to check that all Bona-Fide Sub Contractors employed hold their own Employers and Public Liability insurance appropriate to the work being carried out.
• No cover is provided for employees who are operating offshore, or where compulsory motor insurance is required, where Employer’s Liability Insurance is included.
• Damage to property belonging to the policyholder or under the custody or control of the policyholder or any employee is excluded. (This exclusion does not however extend to property including motor vehicles belonging to an employee or visitor).
• Liability arising out of the ownership or use of any motor vehicle where compulsory cover is required under Road Traffic Act legislation, or any aircraft, or mechanically powered water vessel, is excluded.
• Liability in respect of any judgement or award made in the courts of the United States or Canada.
• The costs associated with remedying any defects or alleged defects in land or buildings or structures disposed of by the policyholder are excluded.
In addition we are unable to offer cover arising out of or in connection with:
any work on or in, or involving
• work on gasholders, towers, steeples, bridges, viaducts, blast furnaces, chimney or well shafts, dams or tunnels, mines, colliery winding gear and hangers for any purpose.
• work involving the making of excavations exceeding three metres in depth from the surface.
• work at a height greater than 10m from the ground surface or if working internally a height greater than 10m from the floor surface
• demolition of any kind unless such work forms part of a contract for the erection, reconstruction, alteration or repair of buildings or structures and provided that such demolition is by hand held tools only.
• piling, the use of explosives, water diversion, quarrying, tunneling or work under water.
• the felling or lopping of trees • work in or on power stations, nuclear installations, refineries, bulk storage tanks, oil gas or chemical works, aircraft, hovercraft, watercraft, wharves, piers or jetties, railways, railway stations or airports (air-side). • Stand-alone Roofing Contracts not forming part of a contract for the erection, reconstruction, alteration or repair of buildings or structures
It is a condition precedent to our liability to make any payment under this policy that prior to commencement of such heat work (including the use of angle grinders where heat is generated) all the following precautions are complied with in each instance involving the use of heat (as defined below) by or on behalf of the Insured and taking place elsewhere than on the Insured’s own premises.
A – Application of heat by means of electric oxyacetylene or other welding or cutting equipment or angle grinders, blow lamps, blow torches, hot air guns or hot air strippers.
• Permission to use the equipment must be obtained from a person acting for the occupier of the site and a Hot Work Permit completed in the form provided by the occupier or using one devised by the Insured and covering the 8 issues / conditions as laid out herein and provided always that the completion of the Hot Work Permit shall not vary or waive any of the undertakings or conditions contained in this Exclusion.
• The area within 3 metres of the work (including in the case of work carried out on one side of a wall or partition, the opposite side of the wall or partition) must be cleared of all loose combustible material; other combustible material must be covered by sand or over-lapping sheets or screens of non-combustible material. Openings in floors walls ceilings roofs or ducts within the Hot Work Area are to be closed covered sealed or otherwise rendered impervious to the passage of fire.
• At least two adequate and appropriate portable Fire Extinguishers, in proper working order, must be kept in the immediate area of the work being undertaken and used immediately smoke or smouldering or flames are detected. All persons engaged in the Hot Work shall be made aware of the location of all fire-fighting equipment.
• A fire safety check of the area must be made approximately 60 minutes after the completion of each period of work and immediate steps taken to extinguish any smouldering or flames discovered.
• Blow lamps and blow torches must be filled in the open and must not be lit until immediately before use and must be extinguished immediately after use.
• A person must be appointed by the Insured to act as an observer to watch for signs of smoke or smouldering or flames.
• Gas cylinders not in immediate use must be removed to an open area at least 15 metres from where the heat is to be applied.
• Paragraph 6) above does not apply solely in respect of the application of heat by means of blow lamps, blow torches, hot air guns or hot air strippers.
B – Use of heat involving asphalt, bitumen, tar, pitch or lead heaters. The heating must be carried out in the open in a vessel designed for that purpose and, if carried out on a roof, the vessel must be placed on a non-combustible heat insulating base
We strongly encourage our policyholders to comply with all legislative requirements, and recommend, if they have not done so already to visit the Health and Safety Authorities “BeSMART”, on-line facility at: http://www.hsa.ie, which covers many building and allied trades occupations, and where you can complete your own Safety Statement, and Risk Assessments.
If you wish to contact us directly:
Worldwide Insurance Brokers and Advisors Limited,
Sandyford Office Park,
Sandyford, Dublin D18 P5V0.
Tel: +353 1 2948669
Fax: +353 1 6968966
Alternatively you can contact The Complaints Manager – OSG Outsource Services Group Ltd Merrion Hall,
Strand Road Sandymount,
Dublin D04 P6C4 or SureStone Insurance dac,
Merrion Hall, Strand Road,
Dublin D04 P6C4
If you are still not happy with our formal response you may wish to contact the Financial Ombudsman Service 3rd Floor,
Local calls: 1890 88 20 90 International calls: +353 1 6620899
The Financial Ombudsman Service can only consider your complaint if we have given you our final decision. You have 6 months from the date of our response to refer your complaint to the Financial Ombudsman Service. If you follow the procedure shown above, it will not affect your right to take legal action.