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Public Liability Insurance
The HSU continues to protect financial members by purchasing a Combined General Liability Insurance policy on their behalf.
Information included on the HSU website is intended to be a guide only and does not supersede the policy issued by the underwriter, Vero. If you have any questions regarding specific cover, please contact the HSU to discuss.
Benefit for HSU Members
The purpose of this policy is to indemnify, protect and pay compensation to a third party for:
(a) Personal injury and/or
(b) Property damage and/or
(c) Advertising liability.
In the event that you are claimed against, the insurer will appoint legal counsel who will work with you on your defence and where required, represent you. The defence costs will be paid by the insurer. Compensation awarded against you is covered by the insurer.
The limit of the Insurer’s liability is:
(A) General Liability $20,000,000 any one Occurrence or series of Occurrences arising from one originating cause.
(B) Product Liability $20,000,000 any one Occurrence or series of Occurrences arising from one originating cause and in the aggregate during the Period of Insurance.
(C) Advertising Liability $20,000,000 any one Occurrence or series of Occurrences arising from one originating cause.
Should more than one Limit of Liability be applicable to any one Occurrence in respect of (A) and above, such Limits of Liability shall not be aggregated - the highest single Limit of Liability only shall apply.
Terms and Conditions
To be entitled to the benefits of the policy, you must be a current financial member of the HSU.
You must be a full member of the Union at the time the Occurrence becomes known to the member to be covered under this policy.
Total earnings as a sole practitioner outside of the contract of service with a medical establishment in a financial year do not exceed $45,000.
The cover under the members Public Liability Insurance policy is provided at HSU’s discretion and the terms and conditions of the policy may be subject to change without notice.
Member duties under the policy:
HSU members shall take at their own expense all reasonable steps to prevent Personal Injury or Property Damage or Advertising Liability arising
HSU members shall not without the Insurer’s consent, make any admission, offer, promise or payment in connection with any Occurrence
HSU members shall use its best endeavours to preserve all property, products, appliances, plant and all other things which may assist in the investigation or defence of a claim or in the exercise of rights of subrogation and so far as may be reasonably practicable no alteration or repair shall be effected without the consent of the Insurer until the Insurer shall have had an opportunity of inspection.
HSU members shall give notice in writing or by email to Marsh and the HSU as soon reasonably practicable of every Occurrence, and shall forward to the Insurer all information relevant to such occurrences that the Insurer may reasonably require, in particular every demand, writ, summons, proceeding, impending prosecution, inquest.
Complaints and Disputes
Any complaints or disputes are to be reported to HSU immediately. We will engage Marsh and/or the insurer (Vero) as required, to resolve the complaint/dispute.
Frequently Asked Questions
Is there a waiting period?
No, the policy is available to members as soon as they join and have made their membership payment.
Will my fees go up for this insurance?
No. The Members Public Liability Insurance Policy is paid out of existing membership revenue.
What if I become unfinancial with the Union, am I still covered?
No. If you become unfinancial you will not be covered any longer by the Members Public Liability Insurance policy. If you have an ongoing claim it will cease if you become unfinancial.
Would the personal information I provide be kept confidential?
Yes. The information provided will be kept confidential in accordance with the Privacy Act 1988 cth.
What happens if I make a claim and already have Public Liability insurance with another organisation?
Both policies will be activated.
What is Personal Injury?
(a) bodily injury, sickness, disease, disability, shock, fright, mental anguish or mental injury, loss of consortium or services including death resulting from any of these;
(b) false arrest, false imprisonment, detention, malicious prosecution or humiliation, breach of confidentiality, trespass or nuisance;
(c) the publication or utterance of libel or slander (except arising out of the publication or utterance of a libel or slander prior to the inception date of this Policy or where made at the direction of the Insured with the knowledge of the falsity thereof), or of other defamatory or derogatory material, or a publication or utterance in violation of any individual’s right of privacy;
(d) wrongful entry or wrongful eviction or other invasion of the right to private occupancy;
(e) assault and battery not intentionally committed by or at the direction of the Insured unless so directed for the purpose of preventing or eliminating danger to persons or property;
(f) discrimination as a result of race, religion, sex, marital status, age, intellectual impairment, disability or otherwise (unless insurance thereof is prohibited by law) not committed by or at the direction of the Insured.
What is Property Damage?
(a) loss of, physical damage to or destruction of tangible property including the loss of use thereof resulting there from;
(b) loss of use of tangible property which has not been physically damaged, lost or destroyed, which is caused by physical damage or destruction or loss of other tangible property provided such loss of use is caused by an Occurrence.
What is Advertising Liability?
Liability arising out of one or more of the following:
(a) libel or slander except arising out of the publication or utterance of a libel or slander prior to the inception date of this Policy or made at the direction of the Insured with the knowledge of the falsity thereof;
(b) infringement of copyright, title or slogan;
(c) unfair competition, misappropriation of advertising ideas or style of doing business;
(d) invasion of privacy;
(e) unintentional breach of the misleading or deceptive conduct provisions of any consumer protection legislation or similar legislation of any country, state or territory committed or alleged to have been committed in any Advertisement and arising out of any advertising activities conducted by or on behalf of the Insured, in the course of advertising the Insured’s Products, goods or services.