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Example of a claim<br />

A graphic designer was briefed by<br />

their client to provide price tags that<br />

would fit round the stem of Christmas<br />

trees. The tags would need to<br />

withstand exposure to the elements<br />

and stay fitted to the tree while it<br />

grew. The tags did not survive the<br />

test of time; the ink ran, rendering<br />

them useless to the client. The client<br />

lost money due to this oversight and<br />

took legal action against the graphic<br />

designer for professional negligence.<br />

The graphic designer’s professional<br />

indemnity insurance policy covered<br />

their legal costs and compensation<br />

payments to the client, a total cost of<br />

over Kshs.450,000. The client didn’t<br />

pursue their claim for the full cost of<br />

the labels; if they had, the claim could<br />

have cost as much as Kshs.5,000,000.;<br />

Do I need professional indemnity insurance?<br />

Don’t Guess - Know<br />

You should know what<br />

your policy does and -<br />

more importantly - does<br />

not cover. Come to <strong>Aon</strong><br />

Kenya for all your insurance<br />

needs.<br />

Many professions need to have<br />

professional indemnity insurance<br />

as part of their respective industry<br />

body’s regulatory requirements.<br />

Even if you are not obliged to have<br />

PI insurance, without it, you could<br />

be liable for thousands of pounds<br />

worth of legal fees and compensation<br />

payments – not to mention lost<br />

income from the time spent<br />

defending any allegation.<br />

Professions that might need<br />

professional indemnity insurance<br />

include (but are not limited to):<br />

• Management and business<br />

consultants such as marketing<br />

consultants, training consultants<br />

and education consultants<br />

• IT professionals including<br />

IT contractors, consultants,<br />

programmers and developers<br />

• Recruitment agencies and<br />

recruitment consultants<br />

• Designers such as web designers,<br />

graphic designers and interior<br />

designers<br />

• Fitness professionals including<br />

personal trainers, dance teachers<br />

and yoga instructors<br />

• Teachers and tutors including<br />

private tutors<br />

• Doctors and Lawyers<br />

How much does professional<br />

indemnity insurance cost?<br />

The cost varies depending on a<br />

number of factors, including the<br />

amount of cover, but Market Direct<br />

offer PI insurance cover from for a<br />

wide range of professionals.<br />

What does ‘claims made’ mean?<br />

A ‘claims made’ policy provides<br />

cover for claims which are made and<br />

notified to the insurer during the<br />

period of insurance.<br />

This means that provided the<br />

wrongful act occurs during the period<br />

of insurance, and you report it to the<br />

insurer during the period of insurance,<br />

it will be covered. However, if the<br />

policy is cancelled or not renewed,<br />

cover will end and any subsequent<br />

claim – regardless of when the<br />

wrongful act occurred – would not<br />

be covered by that policy. As such,<br />

it’s important to have professional<br />

indemnity insurance cover in place –<br />

even between contracts or work – to<br />

ensure your business is protected. All<br />

Markel Direct professional indemnity<br />

insurance policies are on a ‘claims<br />

made’ basis.<br />

This contrasts with a ‘claims occurring’<br />

policy which provides cover for claims<br />

which occur during the period of<br />

insurance. Professional indemnity<br />

policies are rarely, if ever, written on<br />

this basis. It is more commonly found<br />

with public liability and employer’s<br />

liability policies.

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