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Home & Gift, Harrogate - Gift Focus magazine

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Neil McFarlane, sales and<br />

marketing director, of<br />

T.H. March & Co Limited<br />

Qnegotiate terms<br />

Are insurance long term agreements<br />

worthwhile?<br />

Neil Asays: Over the past few years commercial<br />

insurance premiums have been very<br />

competitive, however, there are signs that<br />

such premiums may now start to increase<br />

and it may be worthwhile trying to negotiate<br />

with your insurer to see if they will fix their<br />

terms for a period. If you do decide to enter<br />

into such an agreement, it is very important<br />

that you make certain you fully understand<br />

the precise terms of the agreement and what<br />

obligations both parties are committed to.<br />

Q<br />

A<br />

peace of mind<br />

Are my liability limits adequate?<br />

Neil says: As final costs relating to the<br />

Buncefield oil storage depot disaster are<br />

becoming clear, there is now focus on the level<br />

of potential claims that may arise. Whilst this<br />

was an exceptional event and few companies<br />

will have this level of exposure, the principle<br />

remains. Increasing your liability limits may not<br />

be as expensive as you think and could give<br />

you extra peace of mind.<br />

Qduty to manage<br />

Where can I get further information about<br />

‘duty to manage’ regulations with regards to<br />

health and safety?<br />

Neil Asays: The Health and Safety Executive<br />

(HSE) has teamed up to produce a fact<br />

sheet with the British Independent Retailers<br />

Association (bira) – an independent retail<br />

trade body (formerly the BHF-BSSA Group)<br />

representing more than 7,500 small retailers<br />

- after it was found that compliance with<br />

‘duty to manage’ regulations was particularly<br />

low in this sector. Any person or organisation<br />

38 giftfocus<br />

insurance solutions<br />

<strong>Gift</strong> <strong>Focus</strong> readers put their insurance queries, concerns and questions to<br />

leading brokers T.H. March<br />

responsible for the maintenance or repair of<br />

non-domestic premises will almost certainly be<br />

responsible for managing any asbestos present,<br />

under Regulation 4 of the Control of Asbestos<br />

Regulations 2006.<br />

The fact sheet outlines:<br />

• Who has the duty to manage;<br />

• What the duty to manage means;<br />

• Three essential steps to comply with the<br />

duty; and<br />

• Advice on asbestos surveys.<br />

The fact sheet is available to bira members<br />

- contact the bira information office on<br />

information@bira.co.uk<br />

Qprotection for company directors<br />

I have been hearing a lot about directors’<br />

and officers’ liability cover, why should I invest<br />

in this?<br />

ANeil says: Directors’ personal liabilities are<br />

unlimited and in the course of carrying out<br />

everyday duties for a company, directors are<br />

exposing themselves to personal lawsuits,<br />

investigations and criminal prosecutions.<br />

Without insurance, directors can end up<br />

having to re-mortgage, or worse, just to pay<br />

legal fees.<br />

When a director needs to defend lawsuits,<br />

investigations and prosecutions, being able to<br />

draw on insurance funds in order to hire the<br />

best law firms in the country will help achieve<br />

the best possible outcome.<br />

There is an increasing number of<br />

government bodies that can investigate a<br />

company – the DTI’s Companies Investigations<br />

Branch, the Health & Safety Executive (HSE),<br />

the Serious Fraud Office, the Disability<br />

Rights Commission, to name a few – and an<br />

increasing focus on smaller businesses. Even<br />

when there is no initial allegation against<br />

a director, having the funds to obtain legal<br />

representation at these investigations allows<br />

directors the most positive results.<br />

In one year*<br />

(a) Over 1,500 directors were disqualified for<br />

between two and 15 years;<br />

(b) The DTI’s Companies Investigations Branch<br />

looked at almost 5,000 companies; and<br />

(c) The HSE issued over 11,000 notices and<br />

prosecuted 982 cases. g<br />

(*DTI’s annual publication on companies provides<br />

further detail)<br />

Further information<br />

T.H. March is a well-established family<br />

business founded in 1887. With offices in<br />

London, Birmingham, Manchester, Glasgow,<br />

Sevenoaks and Yelverton near Plymouth,<br />

the company has departments covering<br />

household, motor, travel, commercial and<br />

scheme insurance. To find out more visit<br />

www.thmarch.co.uk.

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