Farm Ireland

Monday 23 April 2018

Three dimensions to farm cover

THREE main types of personal injury cover are usually listed in farm insurance policies:

*Public/Product Liability

* Employer's Liability

* Personal Accident

Public Liability

This covers cirumstances where a member of the public is injured on your farm. However, one tip is to always ensure you have proper signage around your farm to protect yourself as much as possible.

Consult your broker or insurance provider or agricultural consultant in this regard.

Another is in relation to 'dangerous dogs'.

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This is usually an exclusion particularly where you have either not informed your insurance provider you own a dog listed under the Control of Dogs Act 1986 or where you are not in proper control of any such dogs pursuant to this act.

Product liability is a very tricky area of law as an insurance provider will want to know where you bought a product, were you or the installer properly trained to install same and held training certificates, who manufactured the product etc.

It can very quickly become a very expensive investigation.

It follows that one should always hire properly certified persons to carry out works on your farm, particularly when it comes to high risk items, preferably one who produces their own insurance for the works.

Employer's Liability

This relates to persons you may employ on your farm from time to time.

Again this area of litigation is fraught with difficulties. To protect yourself always ensure that anyone carryout high risk works on your farm has their own insurance cover in place.

You should note that in many policies family members who are working on the farm will not be covered.

This relates to insurance cover for accidents that cause personal injury and/or loss to an insured person and usually the insured's family members.

As with all insurance cover the devil is in the detail.

The following are some items to keep in mind when you are renewing your policy.

* Most insurance companies will allow you to add named parties to the schedule of your policy which may be worthwhile for residents or regular visitors on your farm.

* Know the limit to your cover. Policies vary substantially on the limit of cover for personal injury so always ask your broker.

* Be aware of any age limit to children's cover. Some cover can be as low as 16.

* Be aware of any age limit that might apply to the insured/insured's spouse. Some cover is limited to over 70s and may be excluded entirely over 72.

* Certain injuries are not covered and these should be noted, ie injury while under the influence of alcohol or drugs.

* Be aware of the exclusions surrounding medical expenses. You will nearly always have to arrange prior agreement with regard to payment of expenses.

* Always ask if your policy provides cover for loss of income while injured. Again where this cover is provided for it will usually be subject to the insurer's own assessment being carried out.

Provided that you can show documentation proving what your income has been for the previous 12 months you may be entitled to this.

* Find out if you have cover for permanent disablement.

This is usually limited and more often than not the insurance provider will want to arrange their own assessment to determine disablement.

* Personal insurance cover usually excludes injury caused by long term exposure to dangers like asbestos and mould or spores.

* Always tell your broker or insurance provider of any pre-existing weakness, long-term injury or illness you might have as it may void parts of your cover and failure to disclose will often lead to voiding your policy entirely.

Try to make sure, if possible, that you have informed your broker or insurance provider in writing of any such special information and that it has been properly accounted for.

* Always notify your broker or your insurance company as soon as possible of any incident that you feel may result in a claim.

Cover differs from policy to policy so nitify your insurer of any accident and potential claim as soon as possible after the incident.

* Always document everything. If you do have reason to make a claim, get a notebook and record all communications you have.

Keep all receipts you think you might be able to recover.

Indo Farming