Public and products liability insurance at a glance

What is public liability insurance?

If an accident or unforeseeable incident causes damage or injury to someone (other than your employees), you may be found legally liable to cover the costs. Public liability insurance can help to protect your business from the financial risk of liability claims – giving you the certainty you need to trade with confidence.

What is product liability insurance?

No matter how stringent your company is, mistakes can happen. For example, you may design or sell a product that causes a customer harm. Even if you’re not at fault, you could risk serious financial damage through legal and court costs if a customer decides to sue you.

Product liability insurance is designed to help protect your business if you’re sued because a product you sell, assemble or supply has caused harm to a person or property.

Who should consider it?

While public and product liability insurance isn’t mandatory for most businesses, it is recommended for all companies. That’s because the unpredictable nature of accidents makes them hard to prevent – and the costs of being sued can be extraordinarily high.

“Public liability insurance helps protect you and your business against the financial risk of being liable for negligence.”

(Australian Government, Business.gov.au)

Did you know?

3,119,723

The number of public and product liability risks written by Australian insurers in the 2019 underwriting year.

(APRA, National Claims and Policies Database, December 2020)

31,539

The number of public and product liability claims made in the 2019 underwriting year in Australia.

(APRA, National Claims and Policies Database, December 2020.)

$1.054 m

The total value of public and product liability claims in the 2019 underwriting year in Australia.

(APRA, National Claims and Policies Database, December 2020)

What can it cover?

Public and products liability insurance helps protect your legal liability to third parties, including clients, customers and the public for injury or damage to their property, caused by your business. It can even cover emotional distress or shock that your business causes another person.

It will generally pay your costs of investigating, defending and settling claims, as well as any compensation payment you are found legally liable to pay.

Depending on your policy, public and products liability insurance can cover:

Personal Injury

If somebody is wrongfully injured by your actions or your product, public and products liability insurance can cover you for your liability to pay damages to the claimant.

Property Damage

If property is damaged due to your actions or your product, public and products liability insurance can cover you for your liability to pay damages to the claimant.

Advertising injury

Liability arising out of advertising carried out by or on behalf of the insured.

What usually isn't covered?

Exclusions, the excess you need to pay and limits of liability can vary greatly depending on your insurer. Policies generally won’t include cover for:

  • Cost of rectifying faulty workmanship
  • Damage to your own product
  • Claims by employees
  • Claims arising out of the use of a registered motor vehicle
  • Claims related to asbestos

Case Study

The offshore manufacturer of George’s sunscreen accidentally contaminates the product with chemicals that cause customers to break out in a painful rash.

They file a class suit against George to compensate them for the injury. Luckily, George’s policy covers him for the costs of going to court and the damages awarded to the customers.

FAQs

You might consider changing providers to get better rates, improved coverage, better customer service, or access to specialised policies that suit your evolving business needs.

Review your policy regularly, compare it with competitors’ offerings, and consult with an insurance professional to assess if your coverage aligns with your current business risks and needs.

Risks include potential coverage gaps, policy exclusions you might overlook, or losing loyalty benefits with your current insurer. So it is important to carefully review new policies to ensure they meet all your needs.

The process is usually fast once we have all the right paperwork, but it can vary depending on the complexity of your business and the type of coverage needed. This means it is best to be prepared and start looking before your existing insurance expires.

Some policies have cancellation fees or short-rate penalties. Check your policy or ask your current insurer about any potential fees before switching.

You’ll typically need to provide business details, claims history, financial information, and specifics about your operations, assets, and employees.

Coordinate the start date of your new policy with the end date of your old policy. We can help you minimise your exposure to risk when changing suppliers, but it is important that you start the process early.

An insurance broker or professional represents multiple insurance companies and works on your behalf to find the most suitable coverage. Direct insurers are individual companies that sell their own policies directly to businesses.

Brokers offer expertise, access to multiple insurers, personalised service, assistance with claims, and we can often negotiate better rates or coverage terms.

Brokers typically earn commissions from insurance companies. In most cases, you won’t pay directly; similar to a mortgage broker, they are paid by the insurers.

Often, yes. We have access to multiple insurers and can leverage our relationships to negotiate competitive rates, or have products that are not available to the public.

Look for someone with experience in your industry, good references, proper licensing, and a wide network of insurers. They will be your point of contact when something goes wrong, so also consider their communication style and responsiveness.

Generally, yes. Professionals like us typically manage most communications, including policy changes, claims, and renewals, acting as an intermediary between you and the insurer.

Yes, a good broker will explain complex terms, policy details, and coverage options in plain language to help you make informed decisions.

Your specific needs will depend on your industry and operations, so it is best to chat so we can guide you through the risks you may not be aware of. Common types of insurance include general liability, property, professional liability, workers’ compensation, cyber liability, and business interruption insurance.

Review your coverage annually at minimum, but it is also best practice to review when your business undergoes significant changes like expansion, new products/services, or changes in operations.

Not necessarily. Premiums depend on various factors. A new insurer might offer lower rates, especially if your business circumstances have changed favourably.

Yes, we can often help you bundle policies (like combining property and liability coverage) to get discounts and streamline your insurance management.

First, communicate your concerns to your insurance professional or the insurer directly. If issues persist, you can file a complaint or consider switching providers again.

Look beyond just the premium price. Compare coverage limits, deductibles, exclusions, and additional benefits. Consider the insurer’s financial stability and reputation for customer service as well. Most importantly, make sure you are comparing like-for-like coverage.