Frequently Asked Questions
Aesthetic & Cosmetic Professional Liability Insurance
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A: An Aesthetic & Cosmetic Professional Liability Insurance Policy will protect you against allegations of negligence caused by the advice you provide, by the treatment of a procedure or the product you have used that results in bodily injury to your patient, to whom you have a duty of care.
The policy will pay for all costs in defending the allegation as well as any sums and costs awarded to the claimant up to a maximum limit which, is stated in the policy. Whilst the trigger to a claim being made against you is bodily injury, all associated and related costs attributable to the claim will be picked up by the policy.
As the policy is a "legal contract", it will protect you regardless as to whether you have been proven negligent or otherwise. Your policy certificate will detail the treatments or procedures that are covered by the insurance. Those not listed will be excluded from the policy.
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A: "Bodily injury" is defined under the policy as any physical injury, mental injury, illness, disease or death of any patient caused by any negligent act error or omission. Aesthetic & Cosmetic Professional Liability insurance, unlike "Public Liability Treatment Extensions" provided under some surgery and salon policies, also covers bodily injury caused by any advice you provide to the patient.
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A: Please refer to our list of treatments Click here for list of treatments
If a treatment that you require cover for is not listed on there then please contact us on 0845 310 6300
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A: Aesthetic & Cosmetic Professional Liability policies are not "premises specific". They are underwritten on a territorial basis e.g. UK only etc. If you offer your clients a "mobile services" or you have contracts with various clinics and salons, your policy will not restrict from trading from other premises. Having said this, future regulation may change this. Refer back to this web-site for further information as it becomes available.
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A: First check on our List of Treatments to see if we currently offer insurance for the procedure. If you cannot see the treatment on our list, please contact us as the list is constantly being updated. In the large majority of cases the new procedure can be added to your existing policy, subject to you providing the following:
1. A copy of the training certificates
2. Confirmation in writing have no claims in respect of this product
3. Declaration of additional income you will generate from the new procedure
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A: It's not best practice to carry out treatment at an exhibition; you will need to ensure that work is carried out in a clinical environment, the correct consenting is undertaken and that you follow all the standard protocols laid down by your governing body.
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A: No, you will be covered for all the treatments/procedures that are listed on your schedule regardless as to whether you charge your client or not.
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A: If you decided to cancel your policy the return premium will be calculated on a pro rata basis. However, you will incur a cancellation charge. Please remember that if you stop trading you will still require protection for any treatments that you have previously carried out. Your clients are entitled to claim against you for up to 3 years after any treatments.
For more details call: 0845 310 6300.
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A: No, your policy does not automatically provide training cover unless it is specifically stated on your policy schedule. You will need to make an application to us for this cover. Additional premiums and terms and conditions will apply. If you would like us to insure practitioners who you have trained, you will need to apply to be included on our Recognised Training Courses.
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A: To become one of our Recognised Training Courses click here for an application form or call us on 0845 310 6300 and request an application form. You will be required to provide us with:
- A copy of your course syllabus and;
- A copy of your proposed training certificate
- Evidence of your insurance to cover the course (or ask us for a quotation)
- CV’s of your proposed trainers
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A: The Care Quality Commission is an independent inspection body for both the NHS and independent healthcare providers. Currently, in respect of aesthetic procedures, only practitioners who will perform Laser treatments need to be registered with the Care Quality Commission.
There is much talk of self-regulation within the aesthetic industry and Hamilton Fraser Insurance supports and is active in raising the standards of training and care across the industry.
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A: When you allow your policy to lapse at the end of the insurance period, and you wish to either stop practicing or transfer your insurance to a new provider, you should consider the option of "Run-Off Cover". Aesthetic & Cosmetic Professional Liability policies are traditionally underwritten on what is known as a "claims made basis". Once the policy is cancelled you are unable to present a claim to underwriters even though your policy may well have been live at the time of the treatment. In effect, you can only present a claim to us if you have a live policy at the time of notification. Insurers use this basis of underwriting to limit their exposure to claims in the longer term as patients have (in most cases) up to three years after the treatment to raise a complaint against you.
Run Off cover is an extension to your policy that continues to provide protection for treatments performed prior to the date of cancellation of the policy, but no new treatments will be covered.
If you are moving your insurance to another provider, or coming to us for a new policy from another provider, you must ensure that previous work undertaken is covered under the new policy. This is called "Retroactive Cover" and for the aesthetic industry some underwriters may provide this extension at no additional cost for at least one year backwards. A word of warning though: most underwriters do not offer this additional protection as standard – you have to ask them for it, and they have the option to refuse you the cover without explanation. Always check your policy details carefully.
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A: Aesthetic & Cosmetic Professional Liability policies are underwritten on a "Claims Made" basis. This means that you will only be indemnified for claims made against you, and notified to us, during the current period of insurance. The policy will not respond to claims notified to us after the policy ceases, even if the treatment or advice took place whilst the policy was live. You must advise us of any incident that may give rise to a claim immediately, or worst case, before your policy expires. If you cancel your policy for whatever reason, you should consider Run Off cover to protect you against instances which may not have been notified to you.
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A: The Limit of Indemnity is the maximum amount that insurers are liable to pay in respect of any one claim, or series of claims, during the policy period. The Limit is an "aggregate" limit so all claims notified within the policy period must not exceed the stated level and will include costs and expenses incurred in defending you. Hamilton Fraser now offers a standard limit of indemnity of £5,000,000 any one claim and in the aggregate.
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A: The excess, sometimes known as a "deductible", is the amount you will personally have to bear in the event of a claim. The excess under a malpractice policy is "costs inclusive". Even if no payment is made to the claimant, you will be expected to contribute to the costs of your defence up to the level of the excess. The level of excess imposed by the policy will be stated on your policy certificate.
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A: As with all insurance policies, you need to understand what is not covered. Whilst not exhaustive, the following lists the general exclusions of the policy:
- Any claim which is otherwise being considered under another policy or arrangement
- Claims not arising out of malpractice, or injury caused by events or treatments not specified on your policy schedule
- Any act which is in violation of the law
- Any act which is fraudulent, dishonest or criminal
Remember to read fully the terms and conditions of the policy and ask for our assistance if you do not understand any area of the wording.
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A: Hamilton Fraser’s malpractice policy now offers its best cover ever. Here we detail the no-cost extensions that we have incorporated into our latest version.
Products Liability Extension
The policy is automatically extended to cover for damage or injury caused by the failure of the aesthetic product including supply and alteration of the product (licensed and registered brands only).
Work Away Public Liability Extension
The policy is automatically extended to include cover for loss or injury to persons or property due to practitioner negligence whilst working away from their main trading premises.
Personal Accident Extension
The policy is automatically extended to include scale of benefits paid to the insured for accidental death and disablement (excluding hazardous activities).
Libel and Slander Extension
This provides you with additional cover for costs and awards if a libel or slander suit is brought against you and it relates to your business as an aesthetic practitioner.
Breach of Professional Confidentiality Extension
This provides you with cover for costs and awards if a breach of confidentiality suit is brought against you and it relates to your business as an aesthetic practitioner.
Data Protection Extension
The policy is automatically extended to include cover for costs and expenses to defend the insured against civil action for compensation under section 13 of the Data Protection Act.
Errors and Omissions Extension
The policy is automatically extended to include financial loss of third parties caused by your negligent acts or advice when carrying out treatments covered under the policy.
Loss of Documents Extension
Should you find that any documents relating to your business as an aesthetic practitioner which belong to you or are entrusted to you, are destroyed, lost or stolen, we will pay you to replace or recover them. We will also pay any costs for which you are legally liable for damages, due to the loss of the documents. The main exclusion to this extension relates to computer records where you will need to purchase a separate Data Reinstatement policy. In addition, costs for damages are excluded in respect of lost, stolen or damaged medical records.
Disciplinary and Coronial Inquiry Costs Extension
This covers the payment of costs and expenses in defending and representing the insured at or prior to any inquest or Coronial Enquiry or GMC, GDC or NMC enquiry.
Criminal defence Costs and Corporate Manslaughter Extension
This covers costs and expenses in defending and representing the insured in connection with Criminal Proceedings including the proceedings alleging Corporate Manslaughter.
Please refer to the policy wording for details of limits and terms and conditions.
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A: In the event of a claim, it is usual for the claimant to look to the entity to which the payment for the treatment was made. If you are running a practice which is legally incorporated into a limited company or partnership, then you must purchase your insurance in the name of that business. We call this type of policy a "Corporate Policy". This will ensure that cover is extended to protect the legal entity as well as the employees/partners of the company, subject to these employees/partners being specified or notified to ourselves.
You must remember that employees/partners covered under a Corporate Policy will not be covered for work they do in their own capacity and for which they receive personal remuneration – they should consider their own separate "Private Policy".
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A: We all get complaints and disputes but it is how we deal with them that often prevents them from escalating to a formal claim. Hamilton Fraser does not wish to stop you dealing with these complaints in your own personal way for reasons such as client service and goodwill. So when do we need to be advised of a formal claim? The rule of thumb is that any complaint that you receive in writing from the patient or their third party representatives, should be advised to us immediately for our guidance on how you should deal with it. In addition, if you receive a verbal complaint demanding compensation or if legal action is threatened, you should also make us aware of the circumstances. You should never admit liability, even if you have clearly been negligent, as this tends to have the effect of increasing the cost of any claim. Whilst most claims will need to be confirmed to us in writing, never hesitate to contact us by telephone to talk through the issues and obtain some advice.
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A: As well as Aesthetic & Cosmetic Professional Liability insurance, we can also arrange many other types of insurance policy, ranging from surgery and clinic insurance to home and travel policies. If you would like to know more call us on 0845 310 6300.
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A: No, as the IHAS regulations for cosmetic procedures are voluntary we do not currently require you to be a member to gain insurance.
Business
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A: Usually it depends on the types of trades for example one trade may be a clerical trade (low risk) and the other may be a manual trade (higher risk than the clerical). Most insurers will be happy to cover two trades on one policy if they are both clerical, or both manual, as long as there are common directors or partners.
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A: Let us know and we will refer the trades to an underwriter.
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A: It covers any damage or injury caused by you for which you are legally responsible to a Third Party or their property.
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A: Employers Liability is a legal requirement and as an employer, you are responsible for the health and safety of your employees while they are at work. In the event your employees are injured at work, they may try to claim compensation from you if they believe you are responsible. Employers' Liability Insurance can help you meet claims that you are legally liable to pay.
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A: Not necessarily. You can arrange cover in your own name as a sole trader and employ people to work for you. You will still be able to have employer’s liability. If you have a business that pays salaries then the policy needs to be arranged in the business name which could be Ltd, Plc or LLP etc.
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A: No. You would need to insure this under a Commercial Vehicle Motor Insurance policy as office policies will not extend to cover the Road Traffic Act for Third Party Property Damage.
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A: As many as you wish however we will always recommend placing all of your covers on a single policy where possible to save duplication of cover. If you do require more than one policy we strongly suggest that you keep your policies with a single insurer as this will ensure that in the unfortunate event of you having to make a claim you will not be stuck between two insurers whilst they debate which is the more appropriate policy to claim against.
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A: In the event that one of your customers suffers financial loss as a result of alleged neglect, error or omission Professional Indemnity Insurance will meet the cost of defending claims and any damages that may become legally liable to pay.
Anyone that provides advice or offers similar services in a professional capacity is seen by their customers as an expert. In these times of high consumer awareness, some of your customers may not hesitate to pursue a claim if they feel that they have received a poor standard of service. As such the need for Professional Indemnity Insurance has never been greater.
Commercial Property
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A: Insurers again will expect the policy to be due for renewal / inception in the next 30 days.
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A: Claims may affect the terms, conditions and premium. In some cases frequent claims may result in your property becoming uninsurable.
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A: Please refer to the policy summary document where we detail the general exclusions. For more details please refer to your policy wording or call us on 0800 6343 880.
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A: Please refer to the quotation as insurers standard excesses can range from £300-£500. Excess can also vary depending on the peril insured. For example subsidence cover usually attracts a minimum excess of £1,000
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A: This provides protection against your legal liability for death or bodily injury (other than to an employee) and / or loss or damage to third party property arising out of the operation of your business.
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A: This protects you against claims for compensation from employees following injury they may sustain whilst carrying out their duties in the course of your business for which you are legally liable.
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A: If you do not have a business name then please enter your full name instead.
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A: Under the terms of the lease if you are responsible for the glass then this must be included within the building sums insured.
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A: Declared value is the current full rebuilding cost of the property. This should also include an allowance for architects and surveyors fees.
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A: Building sums insured is the rebuilding cost of the property including Day One Uplift. This should also include an allowance for architects and surveyors fees.
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A: Yes, insurers will rate a restaurant higher then a greengrocer for example due to the higher fire risk.
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A: You will have to notify us straight away in writing as this could have a bearing on how the insurers rate the risk and in some circumstances may not be acceptable to current insurer.
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A: Yes, you must notify us immediately in writing and follow the unoccupied conditions set out in the policy wordings. Insurers may restricted cover during this period and if unoccupied long term they may imposed special terms or if unoccupied long term they may wish to come off cover.
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A: Brick stone or concrete built and roofed slates tiles metal concrete or sheets or slabs composed entirely of incombustible mineral ingredients and plastic roof lights.
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A: Constructed of materials other than those detailed in the definition standard construction.
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A: Depending on the type of quotation will depend on if we use our panel of insurers or just a single insurer, you will be notified at the time of quotation on which insurers that we have approached.
General
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A: You can either pay by cheque, credit / debit card or BACS payment.
We also have a direct debit facility which available via a third party finance company – there will be an additional charge for this facility.
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A: Yes, we can offer various options depending on the premium amount payable.
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A: No, we are a specialised team based in the UK.
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Home Insurance
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A: Contents can be calculated using our contents checklist. To request a checklist contact us on 0845 310 6300.
You can calculate your rebuilding and contents sum insured using the following website www.bcis.co.uk. You will be required to enter details about your house including the area covered by the house, the type of property, the age of the property, the region it is in, if necessary a price figure for a garage and/or anything else covered by the policy and whether the property is index linked or not. All answers are estimates only and it is your responsibility to ensure that the sums insured are and remain adequate
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A: The policy excess is the first part of any claim that you will be expected to pay in the event of a claim and it may vary depending on the type of policy and cover you have. The standard policy excess for buildings and contents insurance is £50 increasing to £1,000 in respect of subsidence, landslip and heave. The subsidence excess may be increased to £2,500 if the property is in an area with a poor history of subsidence.
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A: Up to 35% of the contents sums insured.
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A: Damage to furniture, carpets and ornaments as a result of DIY accidents are covered. Accidental Damage to ornaments, glass, coffee tables etc. is also covered. Cigarette burns and wine stains to carpets/ furniture for example would be covered. If an accident occurs in the loft and someone puts their foot through the ceiling, it will be covered under the buildings section. These are common examples of the extra cover offered under the accidental damage section.
Accidental Damage is automatically covered in a standard contents policy for televisions, satellite decoders, audio, video and DVD equipment, radios, home computers, video cassette recorders, fixed glass and double glazing, sanitary ware, mirrors, glass tops and fixed glass in furniture and ceramic hobs.
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A: No. Monthly instalments come in sets of 4 or 10. If instalments are paid over 4 months, payments are interest free, however if instalments are paid over 10 months, interest is 5% (12% APR)
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A: £500 for contents left in the open i.e. garden. The limit is £2,500 for contents kept within detached domestic outbuildings and garages.
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A: Yes. Depending on the age and occupation of the lodgers, our policy can accommodate up to a maximum of 2 lodgers, usually without any additional premium. However please make sure that you let us know if this happens.
Landlords
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A: All NLA members will receive a 20% discount guaranteed
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A: No, we only require this for the legal expenses and rent guarantee, however we would recommend that you vet all your tenants.
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A: Yes, but accidental damage cover would not be included under the contents section.
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A: Our policy will have full cover for a period of 90 days, subject to you taking certain precautions. Please refer to the summary of cover.
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A: Yes, you should have liability cover as a landlord and for any contents you may have in the property and for your loss of rent.
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A: You can get guidance on the rebuilding cost from www.bcis.co.uk website, but you seek professional advice if unsure of the correct figure. A recent mortgage or re mortgage may show you the rebuilding cost your lender requires also.
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A: Insurance is usually offered from exchange, but you should be guided by your solicitor on the exact date.
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A: NO, you already own the land so the rebuilding figure is cost of rebuilding your property if it was completely destroyed and should also include debris removal and architect, surveyors and legal fees.
