The Scheme provides protection for you against the risk of civil liability exposures, which may result in claims or litigation made against you. The cover has been tailored to meet the complex nature of your business and your associated exposures. A civil liability may occur where your local government owes a person a duty of care and this duty is breached causing injury or loss. This duty of care can arise independently of statutes or other written laws and is part of what is generally referred to as 'Common Law'.
The Liability protection policy(pdf) is structured into three areas of protection:
- Public liability – protection for legal liability you may incur to others such as members of the public and businesses for personal injury or damage to property.
- Product liability – protection for legal liability arising from personal injury and property damage caused by defective goods manufactured or supplied by you.
- Professional indemnity – protection for loss and damage that may arise out of a breach of professional duty, for example providing incorrect planning information.
The principle of common law places the onus of proving negligence on the person/entity who has allegedly suffered the loss.
A successful argument or defence against a person alleging negligence on the part of the local government requires you to demonstrate that all reasonable care has been taken to manage the risk. It is not a requirement for you to prevent all possible mishaps, accidents or incidents that cause loss to others, what is required is that all reasonable care is taken to avoid such occurrences.
In addition the Scheme also funds the following policies to further protect your local government's interests:
Casual hirers liability
Casual hirers public liability policy(pdf) provides coverage to those individuals/adhoc hirers of member owned and controlled facilities where the hirer would not be expected to have public and products liability insurance.
Pollution legal liability
The pollution legal liability policy is intended to provide your local government with a level of assurance that environmental liabilities arising from pollution events are covered. The policy is further expanded to meet your responsibilities for own and emergency costs in managing these events.
Airport owners and operators liability (unlicenced airports and airstrips)
Many of you are responsible for developing and managing airports/airstrips that provide a valuable link to essential services such as the Royal Flying Doctor Service, emergency services and providing supplies to remote communities. In recognition of this exposure the Scheme provides cover for legal liabilities arising from unlicensed airports/airstrips.
Fraud and embezzlement exposure exists for every business and local government is no different. The Crime policy was developed to protect against embezzlement of funds and stock by workers but has been broadened in response to risk such as cyber theft and losses arising out of action by contractors or other persons.
LGIS has a dedicated claims team who manage every aspect of all public liability and professional indemnity claims. We are here to provide advice, guidance and strategic management of claims with a view to reduce your potential liability exposures and claims costs.