Balens Advice & InformationGuide · 2017-07-31 · 1. Always to continue improving and developing...

Balens Advice & InformationGuide

www.balens.co.uk

Balens Ltd is Authorised and Regulated by the Financial Conduct Authority.

http://www.balens.co.uk/

ABOUTBALENS

‘Balens ~ Pioneers for 65 years We care for the carers’

Established in 1950, Balens’ lineage spans four generations. We are an ethical, family run Insurance Brokerage focusing on Advice, Support and Service.

Our main specialisation is in providing Insurance for Health and Well-being Professionals, theirbusinesses, Organisations, Affinity Groups, Charities and the Not-for-Profit Sector. We haveconsiderable experience and expertise in these fields, being one of the largest Brokers of our kindin the UK and abroad. We are known by both Clients and Insurers alike for our integrity andcompetence.

We, at the Balens Group offer a wide range of Insurance packages and Financial Services for our clients business and personalrequirements. Our in-house designed Professional Indemnity & Liability policy is unique to Balens, and considered to be one ofthe widest ranging insurance covers of its’ type in the UK and abroad. Our offerings are many and varied:- Household Insurance(including seeing clients from home, which many household policies do not cover), Therapy or Treatment Room cover, Schools,Clinics, Health Products, Premium Instalment Plans… the list goes on and on! Please ask. Financial Advice is also available andoffered via Balens Financial Ltd, for Businesses and Individuals (Balens Financial is an Appointed Representative of Go IFA Ltd whoare authorised and regulated by the Financial Conduct Authority). Ethical Investments, Accident and Illness schemes, Pensionsand Mortgages and more are on offer. Shortly to be launched are Balen-Branded Financial Products such as low cost Ethical ISAsand Pensions, available online without having to pay separate fees for advice. Our subsidised annual CPD events for clients,together with articles and advice are another aspect of how we try to support our clients in their professional lives.

Our core values and purpose center on client satisfaction, quality advice and support. Our slogans "We care for the Carers" and"experts who care" describe this intention, and are a good reflection of how we operate. We value the relationships we have withour clients, and when looking after them will always try and "go the extra mile".

Our Core Purpose is ...To ethically, fairly, sympathetically andefficiently

1. Meet the varying needs of Individual Health and Wellbeing Professionals through the provision of quality advice, supportand a range of specially developed Insurance and Financial Service products that aim to reduce or remove any confusionabout this aspect of their professional lives .

2.Provide a quality consultancy resource and a customised range of Affinity Group Insurance, for Health and otherProfessional Organisations, Professional Associations, Training Bodies, Not-for-Profit Companies and other CommercialEntities .

3.Offer a range of non-specialist Insurance covers to our clients whether these be individuals, or corporateentities.

OurVision is ...To ethically, fairly, sympathetically andefficiently

1. Always to continue improving and developing as a pre-eminent provider of Insurance to Health and WellbeingProfessionals, their businesses and other client sectors.

2. Achieve the above through innovation, service and client satisfaction.

1© BalensLtd www.balens.co.uk


Contents

We trust that this introductory guide will answer many ofyour questions, however should you wish to contact us forfurther information on any of our products or services,please do not hesitate to do so.

01684 580 79807918 941 497

[email protected] claims contact only

Marketing and Events Team – for CPD and Events01684 898 995 [email protected]

Balens Financial Ltd – for advice on Financial issues01684 580 783 [email protected]

Main office – for all enquiries01684 893 006 [email protected]

Affinities Team – for individuals and associations01684 580 771 [email protected]

Commercial Team – for your businessneeds01684 580 776 [email protected]

Personal Lines Team – for home and travel insurance01684 580 788 [email protected]

Claims Team – for assistance with claims

WELCOMEOur guide has been developed to give you an introductionboth to Balens as a Company and also to insurance ingeneral, helping (and hoping) to demystify theterminology. Also to give you guidance on areas of RiskManagement worth considering at every stage of yourbusiness development, from the student practitioner toexperienced Health Professional or from start-upbusinesses to large well established concerns. We hopeyou will find it both interesting and informative.

DavidBalen & BalensStaff in Priory Park, Malvern - 2016

Balens Unique Professional Liability Package

1. Our Core Purpose andValues

2. Contents Page & Welcome

3. Balens InsuranceServices

4. An Introduction toInsurance

5. A Brief History of Balens, Facts and Figures

6. Meet theTeams

7. Insurance Options – article explaining the various typesof insurance that you may require, including –Medical Malpractice, Professional Indemnity, PublicLiability, Products Liability,

9.

10. Balens Schemes

11. Commercial Options – including Employer’s Liability, and Surgery /Clinic cover

12. Clinic/Corporate Cover – article exploring when youwill need to extend your Professional Liabilityinsurance cover if you are working in a multi therapypractice

13. Home Insurance – and the requirements of those whowork fromhome

14. Balens International and our new Dutchoffice

15. Health Insurance and Financial Planning – what wouldyou do in the event that you were unable to work dueto accident or illness? Have you considered your longterm financial future? Our article gives clear advice onyour options.

17. Claims Corner – what to do in the event a complaint or claim is made againstyou.

18. Records Keeping – your first defence in the event ofa claim.

20. Consent for Minors – when you are treating children.

20. Balens CPD and Education – additional help andadvice for our clients when setting up and runningtheir businesses.

21. Technical Glossary – to demystify the insurance terminology.

Balens Ltd is Authorised and Regulated by the Financial ConductAuthority. Memberof the British Insurance Brokers’Association BalensLtd tradingas Balensregistered in England& Wales Reg. No. 4931050

BalensFinancial Ltd is an AppointedRepresentativeof Go IFA Ltd who areAuthorisedand Regulatedby the FinancialConductAuthority.

Editor: Claire Squire Articles: Claire Squire and David Balen

Contents correct at time of going to print – this issue September 2016


mailto:[email protected]


mailto:info@balens%EF%AC%81nancial.co.uk






BALENS INSURANCESERVICES

General Holistic Planning for Individuals, including:

• Group Life & Critical Illness cover

• Group Income Protection

• Group Pensions – Including Auto Enrolment. New legislation obliges employers to provide a work

place pension, we have Balens-branded AutoEnrolment packages available - low cost, no fuss

In brief theproductsand services that we offer, and will explain in this guide include:

Note: Balens Financial Ltd is an Appointed RepresentativeofGo IFA Ltdwho areAuthorisedand Regulatedby the FinancialConductAuthority.

Individuals and AffinityGroupsBalens Affinities Team provides Professional Liability Packagesfor individuals and customised schemes for Affinities Groups,Professional Bodies and/or Associations. We are able to coverover 3,500 different therapies andactivities.

For further information and useful articles please see pages 17-20.

ClaimsWhen the unfortunate occurs you will want the reassurance ofknowing that there will be someone sympathetic there to help.We are delighted to say that a Client survey in 2011 showed a100% satisfaction rating with our Claims Service for thoseclients who were unfortunate enough to have a claim.

Balens Insurance FinanceServicesFor those who wish to spread the cost of their insurance, we are able to offer an insurance premium instalment plan.

BalensEducationBalens have organised a number of CPD Training events forclients. Recordings from these events may be found on ourwebsite together with articles on insurance and businessrelated topics, see also page 20.

Balens FinancialLtdWe offer advice and on-going financial management for you and your business and have a service to help organise or revise your existing financial arrangements. Services include: General Holistic Planning for Individuals, including:

• Protection cover for Life & Critical Illness

• Income protection in the event of inability to work• Pensions – helping you save for your

retirement and/or assisting you at retirement.

• Investments – including helping you to utilise your annual ISA allowance and Balens-branded online packages.

• Mortgages

• Employers Liability Cover• Training School Packages• Clinic Packages• Spas, Salons and Gyms• Therapy Room Contents/Surgery Packages• Health Products Packages• Manufacturing and Distribution• Marine Cargo Cover• Commercial Combined Packages• Property Owners Liability• Home Owners Insurance• Personal Accident and Sickness Policies• Travel• Craft and other LiabilityPackages• Directors & OfficerLiability• Personal Accident & Sickness Policies

For further details please see pages 11 – 13 and pages 15 – 16 for Personal Health Insurance

• European and South African Insurance PoliciesWe are also able to offer insurance cover for those living and working in various European Countries and in South Africa, please see page 14.

Our policy wording is unique to us, and is one of the mostcomprehensive wordings of its type within the UK, includingthe following cover:

• Professional Indemnity• Medical Malpractice• PublicLiability• ProductsLiability• Legal, Taxation and HelplinesPlease see pages 7 – 10 for details of what these covers includeand additional benefits of Balens own policy.

CommercialBusinessAs your business grows, so will your Risk Managementrequirements. Our Commercial Team are able to offersolutions foryou, including:

• Insurance protection for Key Persons /Shareholders

Please also see pages 15-16.



AN INTRODUCTION TOINSURANCE

What happens if you are just starting out and wish to run your business from a room in

your ownhome?

What would you do if you were sick and unable to work? Would you have

business expenses that you still needed to pay? Would

you need to employ a locum to look after yourpractice?

What do you need if you have expanded and are

employing staff? Or working with a numberof

other therapists at the same practice?

We have all heard tales of Insurers who refused to pay out on claims, why? And how

can you make sure you are not in that position?

As adults most of us are used to purchasing insurance atone time or another, even if only for our car or home. Wepurchase the insurance for the peace of mind that it offers,knowing that we would have the funds provided by theinsurers to cover the costs of putting things right in theevent of an unforeseen incident or loss occurring.

Insurance for Health and Well-being Professionals and theirbusinesses offers a safety net, to ensure that if somethingwere to go wrong, then it would be the insurance company,rather than the practitioner themselves, who would pay thelegal and defence costs and ultimately any damages orcompensation awarded to a third party. We appreciate thatit can sometimes be confusing as to what the terminologymeans and how to choose between the various differenttypes of insurance that you need, what are the basics andwhat are the aspects that you hadn’t even known orthought about?

Our guide will explain the different areas of protection thatwe believe you need for Malpractice & Liability Cover,which is essential not only to protect your livelihood, butthe general public and your clients, as well.

We go on to explore other types of Insurance cover youmay need for your business, such as premises, contents,stock, employers liability cover and the insuranceimplications of expanding into a multi-therapy clinic, atraining school, or evolving a range of well-being productsand other goods that you may have made orsell.

Insurance is operated on the principle of ‘utmost good faith’,which means that it is your responsibility when insuringyour business, that you advise Insurers of any relevant factthat may affect their consideration of the risk beforeinsuring or that may have changed whilst being insured. Ifyou do not, this may be deemed to be a material non-disclosure, which may affect your ability to claim on thepolicy. Similarly with all commercial property claims, if youdo not cover the full value of your stock or premises, youmay be deemed to have under-insured and there will be aproportionate reduction in claims pay outs, even if the valueof the claim is lower that the level insured. InsurancePolicies are legal contracts with terms, conditions andexclusions incorporated, it is therefore important to ensurethat you get good advice when considering riskmanagement and insurance options for your business.

It depends where you practise as to the type of insurancerequired. If you are running a business or practice from yourown home, many home insurance companies will not coverthis risk, especially if you have people visiting regularly. Ifyou have your own practice room you may need cover forthe contents and other risks.

Another aspect to consider is whether if you are unable towork due to sickness or accident. Are there regularoutgoings that you would need to meet, that your rainy-daysavings would not be able to cover, thus leaving youfinancially vulnerable?

Insurance wouldn’t be necessary if claims did not occur, butthe reality is that they do. The experience can be verystressful and time consuming, no-matter what the nature ofthe claim. Balens have over the years supported claims forour clients totalling many millions of Pounds and Euros andare very experienced in this area. The most important thingto do when faced with a claim situation against you is not toimmediately admit liability or try and make things better bymaking offers of compensation, as this will remove yourInsurers’ ability to defend the claim and may thereforeinvalidate your policy. We will guide you on giving anapology if needed and how to deal with these sorts ofsituations. We also give advice on how best to reduce thepossibility of a complaint or claim being made, theimportance of record keeping and what to consider whentreating minors, along with a number of other things thatyou may not have considered in a claim situation.Remember if presented with a potential claim, to contact usin the first instance.



A BRIEF HISTORY OF BALENSBalens (originally H&L Balen and Co.) was established in1950 by Harry and Lily Balen, parents to our currentManaging Director, David. Lily’s father had run his ownsuccessful Brokerage from the 1920s to the 1950s. Davidtook over proprietorship of Balens in 1981, having joinedthe business in 1970 after a period of travel, teaching yogaand working as a professional musician. David benefittedgreatly from alternative solutions to health and wellbeingin the late 1960s having been seriously ill in India and,subsequently, following a life changing accident in 1977.

During the early 1990’s David developed specialist policies forHealth and Well-being Professionals in the UK and Republic ofIreland, marrying his knowledge of Insurance with his personalinterests in well-being, self-care, personal development andhealth. It was from his connections in the complementarymedicine scene in the 1970s that the speciality evolved;mainly due to the requests he received for a more adequateinsurance solution than was available at the time. Thespecialised business has grown steadily over the past 25 yearsmoving from London to Malvern in 1994, and to new offices in2004 and again in 2014 to accommodate our continuedgrowth as the company hasexpanded.

David was joined by his eldest son Joe in 1999 and by Joshua,his second son in 2003 when a new company, Balens Ltdtrading as ‘Balens’ was established with H&L Balen & Co.continuing tohandle Financial Services.

Some Facts andFigures• We have always been a listening broker, flexibly developing

and improving the design pricing and content of our productsto suit the requirements and changing needs of our clients.

• We pioneered bespoke wordings for ComplementaryMedicine in the late 1980s, designed and negotiated one ofthe first Complementary Medicine Health Insurance Plans in1990. We pioneered the first “Hybrid” Policy wordingcombining the best aspects of the two main types ofmalpractice protection for thismarket.

• We are one of the largest brokers in the UK servicing Healthand Well-being professionals and our policy wordings aresome of thewidest available.

• We have a good reputation. A client survey in 2011 reportedover 98% satisfaction with our products and services, 99%saying we offer good value for money.

Both are now Directors and shareholders. David’s daughterAnnie, his wife Diane (herself a therapist) and her daughterClaire also work for Balens – truly a family-run business.

Balens began the move into Europe in 2007, offering ourspecialist schemes to a number of European countries, andopened a branch office in Amsterdam in 2014. OurInternational reach expanded again in 2015 with a hubopened in SouthAfrica.

During 2007 we consolidated our various schemes withZurich Insurance Plc (Zurich) who gave us licence to design ourown ground-breaking policy wording, incorporating featuresnot before seen in a Complementary Therapists wording.

Balens has been one of Zurich’s elite 100 Brokers since 2012and has long been noted in the Plimsoll Analysis survey asbeing one of the top 350 brokers in the whole of the UK, andgiven their highest rated category as financially “strong”.

In 2014 Balens re-organised our internal structure andappointed our Company Secretary Pat Bernard as a Director,to head up our new Services Division. Their function is tofacilitate compliance, IT, marketing and events, training,accounts and finances, people and facilities management.These and other core internal structures have been developedto help support the business and our clients going forward.Our in-house software backbone, specifically engineered forour type of business and clientele, is fully owned by us and wecontinue to develop this in-house.

David Balen, Managing Director,said:“Sympathetic Client support and service are the cornerstones ofwho we are and what we do and it is this ethos that has driven thecompany forward and allowed us grow-mainly byrecommendation.”

2015 was our 65th year, and our “Tree” grows stronger with deeper roots and fruitfulness year on year.

•We offer superb and expert claims support to our clients. Our2011 client survey reported 100% satisfaction from clientswho have had aclaim.

•We have significant market penetration, smoothlyadministering over 80,000 clients.

•Presently, over 350 Affinity Groups & Associations use us toensure a quality customised insurance package for theirmembers and affiliates.

•We have satisfied the insurance requirements of two statutoryhealth regulators (Chiropractic & Osteopathic) and are knownto and consulted by, non-statutory regulators in the CAM field.

•We continue to invest in technology with our in-house ITteam, improving our service to our clients, providing an onlineservice for new business and renewals, options for telephonerenewals and annual directdebits.

•We offer a personal touch in these days of growingimpersonality and aim to offer a friendly, listening approach toour clients’ insurance requirements.



Balens ClaimsTeamLooking afteryou

in the event of a claim.

• We have over 60 staff and continue to grow in our new largeroffice space, without a call centre mentality where the lengthof calls can be governed by targets and controls.

• We have an in-house staff training programme to continuallyimprove skills and specialist knowledge.

• Many of our staff have taken an extra step and are eitheralready qualified or well on their way to obtaining external CIIInsurance qualifications.

• We work as a team, mutually supporting one another, and staffmembers have individual specialities to cover clients’requirements in depth.

• We are fiercely independent and have no intention ofbecoming part of, or taken over by a large corporate

• institution.

We support Charities and are not solely motivated by Profit.

MEET THETEAMS

David Balen – is BalensManaging Director and has ledthe company since 1981overseeing its growth andtransition into the HealthProfessionals Market. He is anadviser to Professional Bodieson Insurance, Business andPractice Management Issues,and regularlylectures.

Joe Balen – David’s eldest sonis a Director of Balens andresponsible for the AffinitiesDepartment. He hasspearheaded many aspects ofBalens growth and systems,with the aim of making thingsquicker for our clients includingour online and telephonerenewalssystems.

Balens Affinities Team Look after the needsof our individual clients and AffinitiesGroups

Balens Services Team includes Accounts, IT,

Compliance, HR, Marketing& Eventsoperations

Josh Balen – David’s youngerson is a Director of Balens andresponsible for theCommercial Department. Heis overseeing CorporateClients, European Businessand our new ventures inHolland and SouthAfrica.

Pat Bernard – Is a Director ofBalens, Balens CompanySecretary and responsible forBalens Service Department.Pat has worked with Davidsince the mid-1990s. She is aChartered Accountant withmany years’ experience in boththe professional andcommercial sectors.

“I personally enjoy the benefits of a family business who are considerate of their staff’s personal needs and are always on hand to lend support when needed. A pleasure to work for!” Mandy - Balens Team Member

Our staff are our most valuable asset at Balens and over the years we have invested considerable time and expense in theirdevelopment. We have a good staff training program, including opportunities to study for Chartered Institute of Insurancequalifications, and invest in online training for all. But work is not just about the day to day business, so we also hold regular stafflunches for social occasions, bring in cakes or dress up for charity and gain feedback from our teams on areas for improvement.We must be doing something right, we have 21 members of staff who have been with us for more than 5 years, including 2 formore than 20 years! And on a recent feedback survey from the staff we obtained very positive comments about the team spiritand the supportive and stable working conditions of the company.

Balens Commercial Team Look after ourclients business

insurancerequirements



INSURANCEOPTIONSWhat cover do you need to minimise risk and effect adequate transfer of risk?

Under the Statute of Limitation, if someone wishes to sue you,they have to initiate proceedings within a 3 year period forinjury claims, or 6 years for damage or financial loss claims fromthe date of discovering the problem. In the case of a minor,these limits apply after the age of majority (18), and for thosewithout capacity, or with learning difficulties etc, there is nolimitation - we heard a while back of an attempt to sue asurgeon 45 years after the event! He was in retirement andfortunately still had the notes, so the claim could berepudiated, but as you can see there can legally be time lagbetween doing the work and receiving a complaint/claim.Indeed insurers can reserve amounts for many years in eventof a claim because of the lengthy processes involved insuccessfully bringing a claim against a Health Professional. Wehave certainly seen a steady rise in the cost and frequency ofclaims in our sector over the last 20 years.

A wider “malpractice” or if you like “Professional Risks” policywording includes the description- “conduct of occupation”rather than being solely for (Accidental) claims arising out oftreatment only. A comprehensive policy wording should insurethe practitioner for losses whether caused by injury/illness ornot. This could include for example pure financial loss claims orharm. This is sometimes called ProfessionalIndemnity.

A suitable policy should cover you wherever you work, extendfor temporary cover abroad when needed and be flexibleenough to include all of your therapies and activities. Theinsurers will require copies of certificates or qualifications andthe premium will be based on the number and the nature ofthose therapies and activities. It is best to get insurers to agreeto your qualifications at the time of adding these on to avoidclaims problems later.

For the private practitioner, the options are:

• To self – insure

• Insure as conveniently, quickly and cheaply as possible• To take time, check out the market, and go for a quality

solution. However, information regarding the scope of coverand the small print take time to understand and absorb.

So here are some of the principle types of Insurance that arerelevant to you in setting up your practice, and protecting itagainst unforeseen mishaps which mayarise!

Insurance is an essential factor in any business and isparticularly relevant to practitioners in their contact withpatients. Indeed, it is an integral aspect of professionalism,and is particularly important in the current climate. Moreand more people are turning towards other approaches tohealth and healing, leading to greater recognition orexposure, and consequently a greater possibility ofsituations occurring or allegations of negligence againstpractitioners takingplace.

Furthermore, there is the ongoing desire for harmonisationin the practice of Medicine and Medical Products within theSingle European Market. The Government bodies want tosee more accountability and less fragmentation. In the past,insurance was seen as a necessary evil, or even notconsidered important at all, especially by a number ofpractitioners who relied on the fact that their type oftherapy was safe, that they had never had a claim in theircareer, or simply because they did not philosophicallybelieve in it! Many relied on their Professional Associationsto source and provide Insurance block cover, usually withmixed degrees of success. Today there is a move towardsgreater quality control in areas of training standards, codesof conduct, ethics and the scope of cover provided byinsurance receives greater scrutiny than it may have done inyears gone by.

Professional Indemnity/ Medical MalpracticeInsuranceIn this day and age, the general public are much more aware oftheir rights and will sue a practitioner if the treatment theyhave received has in any way caused them injury, pain orsuffering, or if there is a pure financial loss, an allegation ofBreach of Confidentiality or Libel / Slander. In an era ofincreasing competition amongst therapists, allegations of Libelor Slander have arisen not just from patients or clients, but alsofrom other practitioners, teachers andorganisations.

Claims Made, Claims Occurring& theBalensHybridProfessional Risks (PR) policies cover the financial loss ordamages arising from negligence. Unlike a motor insurancepolicy, which provides cover for the claim at the time theincident occurred, a professional indemnity policy is oftenwritten on a “Claims Made” basis and provides cover at thetime the mental, emotional or physical injury is reported to, ordiscovered by thepractitioner.



Thus a current policy would provide cover in respect oftreatment carried out some years previously, but where theclient has only now reported injury. “Claims Occurring” policies(such as Public Liability with Treatment Risk extension) cover youwhen you did the work, not when you discover the claimhowever you are locked into the cover you had at the time ofthework.

It is important when you affect a “Claims Made” malpracticepolicy to agree with the insurers the number of years that youhave been practicing beforehand for which they will meet aclaim. The technical term for this is a ”retroactive date”. Whenyou terminate the policy, you will need to arrange run-offcover to ensure that your protection is ongoing, and can berevised from year to year, until you are clear of the statute oflimitation period. In practice and for various reasons, it is notalways possible to extend cover indefinitely with a ClaimsMade policy. To overcome some of the these problems andthe drawbacks of each type of policy, Balens pioneered a newconcept to the market place- the “hybrid” wording, whichcombines the long-term security and lower cost of a “ClaimsOccurrence” wording, with the upgradeability and flexibility of“Claims Made”, see page 10.

A Public Liability policy enables the practitioner to sleep peacefully at night, knowing that he or she would be fully protected if such an unfortunate and unforeseen accident occurred. However, you do have a responsibility to make sure that your premises are safe and any potentially hazardous items should not be left lying around. The same applies if you rent rooms at a Centre. The owner may say that they have Public Liability Cover, this will only protect them if they are deemed legally liable, but not if you were held to be legally liable, e.g., you might be accused of damaging the room in some way, or your patient/client may be injured as a result of something you have done. So please don't rely on someone else’s policy to protect yourself, as a number of practitionerssometimesdo!

Please note: There have been recent changes withregards to the claims process for these types of claims,and time scales have become much more restricted. Youmust notify us immediately if you receive a claimsnotification form, please also see page 19.

Please see overleaf for details of Balens own Professional Indemnity Policy,which includes each of the above.

You should also appreciate that these liability and indemnitypolicies only cover civil liability or negligence. Allegations ofcriminal negligence or allegations of sexual impropriety,discrimination, tax investigations, employment disputes, forexample, would not be covered unless you have a specialistCommercial Legal & Tax Protection Policy for these types ofsituations. These usually also include various types of helplinefor tax, business and legaladvice.

PublicLiabilityPublic liability is simply an insurance to protect the practitioner against a claim from a member of the general public or any other third party, if they could be held legally liable. They usually have a limit of £1-2 million for any one payment, although these days, £5 million is not uncommon. It is sometimes known as ‘trip and slip' cover. If a patient/client were to trip over your carpet or fall down the stairs, he or she might be seriously injured. If the carpet was threadbare or the stairs unstable, the practitioner would find it hard to defend an allegation.

Public Liability withTreatment RiskExtensionIn the early days of specialist Health Professional Insurance,the majority of policies to protect practitioners from claimswere somewhat restricted in scope. Of these, the generalPublic Liability insurance with a treatment risk extensiontagged on to it was, and still is, commonly available. Otherscurrently available only cover practitioners if they injuresomeone or damage their property, but not for any medicalmalpractice, for example a psychotherapist, counsellor or anyother Health and Wellbeing Professional could conceivablyfind that their policy does not insure them for a claim ofpsychological damage filed against them.

Additionally, these types of scheme may only cover onetherapy. Practitioners who practice two or more therapiesmay find that they have to pay extra for the additionaldisciplines practiced.

Product LiabilityInsuranceIf you make up, supply, test, modify, and/or demonstrate any ofyour own or other people's products/remedies (medical aids,adaptations, ointments, creams, aromatherapy or herbalprescriptions), you should ensure your policy provides productliability cover. This covers any legal liability following injurycaused to anyone as a result of a defect in the product orremedy. Any incorrect advice causing injury or harm emergingfrom the advice is covered under the Malpractice or TreatmentRisk Policy. Under the EEC directive, you are held liable even ifyou innocently supplied the defective product. Some policiesonly cover you whilst supplying your own patients. If you retailthese goods to people who are not your patients, you mayneed to arrange a separate policy.

“I just wanted to say I feel really welllooked after by you. You really have gone the extra mile to get what is a somewhatcomplicated

insurance request sorted out and I really appreciate that.” Balens Client Feb 15



BALENSPROFESSIONALLIABILITYPACKAGE

Our policy wording will also cover you for an unlimited numberof claims during the year, with legal costs over and above theindemnity limit.

We at Balens are in a unique position to be able to offer ourown policy wording, that has been specially designed forHealth and Well-Being Professionals. Balens were one ofthe first company in the UK to offer such a policy and havebeen operating in this market since the early 1990’s.

Our wording is different to standard wordings, in that it is ahybrid of both a Claims Made and a Claims Occurring wording,(see Technical Glossary, pages 22 & 23). In essence this meansthat our clients get the benefit of both types of policy, and areable to rest assured that our policy will cover them for anyclaim that arises not only during the time that they are insuredwith us, but also for all previous work performed, (providedthere was an insurance policy in place at the time when thework was carried out, it does not have to be ours - this isknown as retroactive cover), and for any claim that may occurin the future that relates to a time when our insurance policywas in place (known as run- off cover).

Benefits of the BalensProfessional LiabilityPackage:

• £4m / £6m Professional Indemnity Cover

• £4m / £6m Public LiabilityCover

• £4m / £6m Products Liability Cover – To include unlimitedsale of products to your own clients and up to £30,000 ofsales to other customers in any one year. We have aseparate Health Products Policy should your additionalsales exceed £30,000, please see page 11.

• Retroactive and Runoff cover as noted above

• Cover for Temporary work abroad (Excluding the USA &Canada)

• Disciplinary Hearings cover, plus Pre-disciplinary hearings legal advice up to £1500

“We have used Balens for many years ...I cannot recommend them highly enough. I have always found

them efficient, helpful, knowledgeable and they handle queries quickly. It is nice to deal with a 'human' organisation who are

always on the end of a phone to help and seem to genuinelycare about their customers and meeting their needs.”

Samantha HaywoodOffice Manager – Shiatsu Society (UK)

• Can include over 3,500 different therapies/activities

• Teaching covered as standard – excluding issuing ofcertificates. A Teaching extension is available that covers aturnover of up to £20,000 per annum and / or 40 students,including issuing of certification. A separate Training Schoolspolicy is also available should your needs extend beyond theselimitsPlus

• Loss of Reputation expenses to help repair damage to your business in the event of a claim against you

• Breach of Intellectual Property, Client Confidentiality Protection cover

• Loss of Documents cover included £50,000

• First Aid cover as well as Good SamaritanActs

• No charges for routine changes to your policy cover or additional documentation

And DAS Legal and Taxation Policy that includes:• Criminal Defence and other costs up to £100,000

• Advice lines, including Legal/Tax Advice, Counselling and business support services

• Jury or Witness Service Compensation

• Negotiation and representation (including accountantsfees) in event of Inland Revenue partial or full enquiryPlease note that Retroactive cover is not included for this element ofthe policy due to the specific nature of it. This is however available ifrequired for an additional premium. Run-off cover is included.

PROFESSIONALS INSURANCE PACKAGE

» £4m / £6m Medical Malpractice» £4m / £6m Professional Indemnity» £4m / £6m Public & Products Liability» Taxation and Legal Package» Cover for temporary work abroad (Excluding the USA & Canada)

» Policies available in Europe» Includes over 3500 therapies / activities


Offering you one of the widest Insurance covers available in

the UK with competitive premiums tomatch.

Please call or visit our website for further details andbenefits.


BALENSSCHEMESWe specialise in Affinity Group Business, customised toindividual requirements. Together with our Bridge BlockScheme, (which offers our Specialist Policy wording forIndividual Health and Well-being Professionals), we havealso developed schemes for non-affinity linked Individualsand defined client sections such as:

BALENS OCCUPATIONAL THERAPISTS, CASEMANAGERS &OTHERHEALTHPROFESSIONALSPremiums start from £99.00 per year including Fees andTaxes

Balens customised a solution for the varied andcomprehensive range of activities of OTs in the 1990s andhave been the insurer of choice ever since for the privatesector. Includes all aspects of OT and Case Managementwork. Other therapies that you are qualified in can usuallybe covered at no additional cost.

BALENS YOGA PROFESSIONALS SCHEME

Premium start from £79.90 per year including Fees andTaxes

As an ex Yoga Teacher David has overseen the developmentof this facility delivering risk management seminars andarticles tailored to their special requirements.

BALENSOSTEOPATH PROFESSIONALS SCHEME


Discounts available for newly qualified Osteopaths and £10mindemnity limit available if required. Balens have beenspecialising in Osteopaths’ insurance requirements for 25years developing wordings suitable to meet and exceed therequirements of the statutory regulator in thissector.

BALENS HEALTH & FITNESS PROFESSIONALS SCHEME


Our solution for this sector offers significant improvementsover many policies often supplied to them – great cover notcompromised by low prices.

“Many thanks! I should probably stop to note how efficient and helpful I find

Balens, every time I have to add something or ask a question! Thank you.”

Balens Client - 2013

© BalensLtd www.balens.co.uk10


COMMERCIALOPTIONSProfessional Indemnity (PI) cover may be all that youneed, however if you own or rent premises, have stock oremploy people, if your business grows and you areteaching or operating from a multi-therapy clinic there arefurther areas of risk management that you will need toconsider.

Surgery / Practice Room / Office CombinedPackagesThese policies cover the general contents of the practice,furniture, equipment and stock for perils such as fire, theftand flood. Typically, the first £50, £100 or even £250 maynot be covered. This is known as the 'policy excess'. Theremay be items of equipment that may be expensive anddelicate in your clinic. These might be accidentallydamaged, knocked over or broken. You need to ask yourinsurer for wider accidental damage cover if you possesssuch equipment.

These policies also provide various other covers. Togetherwith Public Liability, as described previously and EmployersLiability, (detailed below), this Insurance should cover youfor the loss of money in notes, coins and cheques on, or offthe premises for specific amounts. We know of a number ofinstances when busy practitioners have been engaged inconsultation, someone has entered the premises and thecontents of the cash box or a laptop have been stolen.

Loss of Profits Cover, following property or contentsdamage, may be important where the practice room isrendered unusable: this pays for replacing your lost income(net of expenses i.e. gross profit) and pays fixed expensesthat you are committed to such as mortgage, rent etc.Increased Cost of Working Cover may be more appropriateas this doesn’t pay for profit lost, just extra costs incurred asa result of the damage incurred in order to minimise theloss.

Employers Liability(EL)If you employ staff, it is a legal requirement that you take outEmployer’s Liability Insurance, this legal requirementextends to volunteers and work experience students.However, if you sub-contract to other self-employedpeople, it does not apply.

An Employer’s Liability policy will meet the cost of anydamages or other legal costs incurred where you, as theemployer have been held to be liable in some way. Typically,an employee could claim that the premises were unsafe,injury had been caused by equipment in the clinic or whenperforming some function that you asked them to do or wasexpected of them. Your policy will only provide cover if youare legally liable, but there will be a generous limit ofindemnity of £10m for any one incident.

£277.00

At Balens we have a number of solutions for your Business insurancerequirements, from a simple package that covers the basics, to morecomprehensive and bespoke options. Please contact our CommercialTeam to request a Fact Find Form that will allow us to quote for yourindividual businessrequirements.

Health Products BusinessProtectionAs noted on page 9, Products Liability Insurance covers anylegal liability arising as a result of a defect in the productsupplied. For those who require further cover than thatsupplied within our Individual Professional Indemnity Policy orwho are running a Health Products Business, we have specialistpackages available.

CraftLiabilityDo you make and sell Craft related products or similar? As aprovider of Craft Related Products, you could be held legallyliable for the loss or damage to other people and/or theirproperty following the supply of a defective product. Ourpolicy will protect you against this risk as well as coveringliability arising out of product specification, labelling orbottling.

© BalensLtd 11 www.balens.co.uk

If a payment is made to an employee, the damages awardedwill relate to the seriousness of the injury and financial loss ofthe employee. Most Surgery Packages include this, asmentioned above. However beware if you or your companyare involved in lifting and handling or are employed as carersfor a disabled person, as most Surgery policies are notdesigned for this sort of thing. They are for administrativeenvironments, not employees who use their hands or domanual work, so you would need a different kind of EmployersLiability policy, please contact us for further details. Please alsosee pages 19 regarding EL Claims.

TrainingSchoolsAs a training organisation, you can be held legally liable forerrors made or injury caused during the activitiesof the establishment, i.e. demonstrations, delivery of course, course content etc. You can also be considered responsible for supervising student case study work remotely or in person and any claims or complaints arising there from, the claim would have to be against the school itself and not the student personally. Students may want to consider ourlow cost students insurance to pick up any personal claims against them.Malpractice policies normally allow practitioners to teach thetherapy they are qualified in, but purely as an individual tutor.If you intend to issue certificates of competence to practitionerstandard, you will generally speaking require an extension toyour individual cover or a Training School Policy.


DOYOURUNAMULTIPROFESSIONCLINIC?Do you own or run an organisation with more than oneTherapist or Health Professional involved? Do you rely oneach therapist having their own Professional Indemnity(PI) Insurance? If so, read on to ensure you have the rightcover inplace...

When a client calls any Centre or organisation incorporatingmore than one health professional who is offering advice,services or treatment whether it be a provider or contractorin Health and Wellness provision, Occupational Health,Case Management, Medico Legal Services, Clinic, Shop,School, Centre or Salon they are unlikely to be concernedwith the fact that each therapist or subcontractor isself-employed and has their own PI Insurance. If somethinggoes wrong they (or their legal representatives) will probablybe contacting the business direct to complain, and if theindividual causing the problem has moved on, and is nolonger contactable or if, for whatever reason, has let theirprofessional insurance lapse, the Corporate Business itselfmay become liable. By Corporate we are referring here to anentity involving more than Health or Well-beingProfessionals. It can be a limited company or not, in thesame way that individual practitioners can be a tradingcompany or a limited company.

We, at Balens, have seen a number of examples where theabove situation has occurred, and the Corporate hassustained a claim or complaint against the business, thenrealised that there is no cover in place.

In order to reduce the possibility of being held liable as aresult of the actions of your self-employed colleagues thefollowing needs to be in place:

• There should be no receptionist or person taking bookingson behalf of the individual therapist provided by the centre

• There should be no advertising of what therapies areoffered at the centre – even a flyer saying A N-othertherapist now offers Osteopathy here at our Natural HealthCentre X on Thursdays, could be seen as the Centreendorsing that practitioner and therefore the Centre itselfcould be deemed liable for a claim relating to a treatmentthat took place at the venue

2. The Corporate takes out a full ‘Indemnity Insurance Cover’ –This cover will cover not only themselves for contingent claimsbut also “front line” cover to protect them for their actions in theprocess, whether it be advice, reception services, managing orselecting the sub-contractor or other therapist, or if you havetherapist employees. We can in some instances cover individualsnoted on the policy – in this case those individuals do not needtheir own PI policies. However, it is the responsibility of thebusiness to keep their insurer up-to-date with the names of alltherapists that they wish to have covered on the policy.If in doubt, please ask as we will be more than happy todiscuss your own specific requirements.

•The clients should be made aware that all therapists areself-employed and only renting rooms at the centre

•All payments should be made direct to the therapist whoperformed the treatment

If any of the above does not apply, it may be that further insurance cover is required. There are two options:

1. The Corporate takes out a Contingent Cover – This policyoperates a bit like a safety net for the business. It is used wheneach therapist or sub-contractor who works in the centre hastheir own Individual Professional Indemnity or MalpracticeInsurance, to cover in the eventuality of a claim. The ContingentCover only comes into place if, for whatever reason, thetherapists own insurance is no longer available to pick up theclaim.

CLINIC/ MULTITHERAPIST CENTREINSURANCE PACKAGE

» £4m / £6m MedicalMalpractice» £4m / £6m Professional Indemnity» £4m / £6m Public & Products Liability» Taxation and LegalPackage

Offeringyou one of the widest Insurance covers available in

the UK with competitive premiums tomatch.

Please call or visit our website for further details andbenefits.



HOMEINSURANCEMany Health and Well-being practitioners choose to runtheir practice from their own home, particularly when firststarting out, to keep costs down, we consider some of theissuesyou will need to think about.

There are many organisations offering Household Insurance,and core cover is now fairly similar if you compare one policywording with another. It can be quite confusing when facedwith making a choice, and the temptation is just to go for thecheapest- at least there is a clear differentiation betweenpolicies on that point! However, for a Health Professionalworking from home, there are important considerations whichcan affect whether your claim will be met or declined. Over theyears, we at Balens have spoken to a substantial number ofHealth Professionals who have had trouble getting householdinsurance, had restrictions put on their practice (e.g. maximumnumber of clients entering the home per week), loadedpremiums, or most commonly, being told they cannot continuewith their present insurer who have now learnt of them runningapractice from home.

Whatdoesa Standard Household InsuranceCover?The standard householders’ policy will cover the building ofyour home or the contents for specific perils like fire,lightning, storm damage, overflowing of water, explosion,earthquake, aircraft, riot and civil commotion, maliciousdamage, theft and subsidence. Most policies offer anextension for accidental damage, to cover such things asstaining, breaking, tearing or scratching insured items.

There are sections covering your legal liability if you damagesomeone’s property or injure them in your capacity as ahouseholder or occupier of a dwelling, Money Insurance,Credit Card Fraud, Freezer Content damaged followingbreakdown, and many more features besides.

Some Insurers take the view that if the house is used for businesspurposes, the risk is changed and may well be increased. It is vitalthat insurers are advised of business use so that they cannotrepudiate a claim because they were not correctly informed.Remember, Insurance is a contract between the insured and theinsurer. It is your duty to honestly and to the best of yourknowledge, take reasonable care to inform the insurer of allinformation that they may need to assess the risk, when applyingforyourhousehold insurance.

Innocently not informing the insurer may mitigate things up to apoint, but not always! It is very important that you confirm yourposition with the insurer and preferably obtain a satisfactoryresponse inwriting.

OptionsThere are now a number of policies which combine Homeand Business covers, but check these out before buying, asthey can be a little inflexible and can be more expensivethan a specialist Surgery/Office policy plus ordinaryHousehold Insurance combination. As always on any policy,check out the exclusions particularly with regard to theft,which may only be restricted to forcible or violent entry, ormay require certain locks and protections to operate, andrestrictions on leaving items in an unattended vehicle.

Some policies will give you All Risks cover for items you maytake outside the home, such as jewellery and personaleffects, and abroad for holidays. This can be on a blanketbasis with a limit any one item, or on a listed basis whereeach item is described- usually a mixture of the two is ideal.Other sections typically seen include Legal ExpensesInsurance giving criminal defence, contract and propertydisputes cover, help lines, Jury service cover, advice lines,tax investigation cover etc.

At Balens we have developed Home protection optionswith our Insurance Partners that will meet the needs ofHealth and Well-being Professionals who are working fromhome. It is extremely quick to get a competitive quote withour online policy, available on our website(www.balens.co.uk), and for those who do not meet thespecific exclusions, we have alternative options available.

A word of warning for the practitioner; the standard housepolicy is intended for a home which is occupiedresidentially and many insurance policies will not providecover where there is business use, especially not ifmembers of the public are routinely coming in to the

“I have not stopped raving about you. Ireceived a significant discount on myBalens insurance …. It goes without sayingyou are amazing. I am spreading theword!”Balens Client - 2014

BALENS HOUSEHOLD INSURANCE PACKAGE» Property owner’s liability for business use» Full accidental damage cover on both buildings and contents» £10,000 Business contents cover, including £500 stock» £50,000 Legal expenses indemnitylimit» Up to £1,000,000 Buildings sum insured» Optional cover for Personal possessions away from home» tsCover including therapists working from home as standard



PROFESSIONALS INSURANCE PACKAGES

» €500k / €1m / €2m Medical Malpractice» €500k / €1m / €2m Professional Indemnity» €500k / €1m / €2m Public & Products Liability» Cover for temporary work abroad (Excluding USA & Canada)

» Includes over 3,000 different therapies / activitiesSpecifically designed for Therapists resident in Spain, France, Greece, Cyprus, Malta, South Africa and the Netherlands, with more coming soon...

Offering you one of the widest

International covers available with competitive

premiums tomatch.

able to offer our specialist individual Malpractice policies for those wholive and work in The Netherlands, France, Spain, Greece, Malta, Cyprusand SouthAfrica.

In September 2014 we opened our first office outside of the UK, settingup our Central Amsterdam hub in The Netherlands. Our Europeandepartment have worked extremely hard in setting up of the new office,and are looking forward to further developing the European arm of ourbusiness, adding France to our list of European Policiessoon.

In 2015 we opened our office in Johannesburg, South Africa, with otherterritories being rolled out as and when the demand arises.

Tel: 0800 0220932E-Mail: [email protected]

Please contact us for further information.

BalensHollandOur Dutch office detailsare: Prins Hendrikkade 169-I 1011 TCAmsterdam

BALENS INTERNATIONAL

translates to....

“Thank you so much for being so quick with dealing with my Public Liability Policy and sending me the corresponding documents. I was pleasantly surprised with how quick and efficient youwere.Best regards from Barcelona”

Muchas gracias por tu rapidez en la gestión de mi pólizaRC y el envio de la documentacióncorrespondiente.Quedé gratamente impresionada por tu rapidez yeficiencia.Saludos cordiales desde Barcelona”

At Balens our growth has been client led. We first made the moveto expand into Europe in 2007 as a result of requests that we werereceiving from clients who had themselves moved abroad and wereunable to find a quality insurance solution for their Health andWell-beingpractice.Insurance is a legal contract between the insurer and the insured, andbased upon the laws of the country in which the insured resides. Whilstour UK and Republic of Ireland policies will cover temporary tripsabroad, for those who reside in another country we were obliged todevelop policies with another insurer, translated and specificallyredesigned to comply with the laws of each new country. This has beena time consuming and complex business, very dependent upon the legalsystem of each new territory (Country) that we enter. After a longprocess of evolution and investment, we are delighted that Balens are

BalensInsurance


SouthAfrica

BalensInsurance

France



HEALTHINSURANCEWhatareyouroptionsintheeventthatyouareunabletoworkduetoanaccidentorillness?

Many therapists are self-employed and as such do notget the benefits that are afforded to their employedcolleagues including sickness cover and pensionplanning. There can be a tendency to hope or believethat the worst will never happen, however,consideration for how you would cover your fixed costsi.e. business rent or own living expenses if you aresuddenly unable to work for a period due to an accidentor illness is an important part of your moneymanagement. The one thing most people put off ismaking a will. In order to order your affairs and notleave difficulties for others to sort out if you dieprematurely this is a basic thing to get done and out ofthe way. Ensuring you have a safety net of liquid cash isalways a sensible goal to work towards.

This short article will look at some of the areas you maywish to consider for your own Financial Planning in theevent of accident, illness, total disablement or evendeath, together with considerations for yourretirement.

HealthInsuranceAs a self-employed Health and Well-being Professional youhave a number of different options available to you withregards to covering your business and personal expenses inthe event that you are unable to work due to an injury orillness. It may be that a range of solutions would best suityour personal circumstances, please contact us if you wouldlike further information, however in brief the main optionsinclude:

Long Term Disability InsuranceOften known as 'permanent health insurance'. Long TermDisability Insurance provides a regular income in the eventof long term disability due to illness or injury. Premiums arepaid to insurance companies who guarantee to pay incometo the policy holder, whose disability lasts beyond aspecified deferred period. Up to 60% of income can beinsured in this way.

Once the waiting period is completed (typically 1 to 3 months),and provided medical evidence proves that a person cannotwork, the insurance company will pay the employed or self-employed person an income as provided under the policy untilsuch time as the individual returns to work, dies or reaches thespecified termination age (usually their retirement age). Shouldthe disabled person return to work part time or in a lesser,lower paid capacity, arrangements can usually be made for thebenefit to be proportionately reduced but still payable untilsuch time as full recovery and total return to work is achieved.The income is free of tax, but a claim is subject to proof ofincome prior to the claim so if the business is new or hasn’tmade a profit, claims could be refused as there has technicallybeen no loss of earnings. If your income goes down, you needto reduce cover as they will only pay based on your previous12 monthsresults.

PersonalAccident & IllnessInsuranceThis covers both temporary total and temporary partialdisablement, for up to 2 years benefit (rather than to retirementage). In addition, lump sums for loss of use of limbs, faculties,joints etc. are covered. Premiums are generally cheaper, butcover is annually renewable, rather than permanent and insurerscan revise their terms and exclude any serious claims made fromfuture payments. Some policies only pay out at the end of thedisablement period, or at the insurers’ discretion. Others aremore generous in their claims handling and pay at the end of themonth. The premiums are not age related, where Long TermDisability premiums are. Insurers are also more flexible in theirunderwriting i.e. if you have had a previous claims history, manyLong Term Disability Insurers will decline to insure you, whereasPA & Sickness Insurers may simply just exclude the pre-existingconditions.

Private MedicalInsurancePerhaps the most widely known and understood healthinsurance option, private medical insurance will cover costs ofhospitalisation, operations, medicines etc. There are a hugenumber of options and choices in the market, with varyingpremiums which will be dictated by the policy. Choices caninclude policies with an 'excess' (i.e. the policyholder agrees topay the first £X of any claim) plans that provide cover dependanton the waiting period for NHS treatment and those that coverComplementary Medicine, although for some it may be onlyupon referral by a GP or a specialist. Cash Plans can be usefulalso. Whist they are affordable, especially if you have pre-existing conditions, and can include outpatient private visits,maintenance visits, (e.g. dental, optical etc) they offer no hospitalorsurgery cover.

Critical IllnessCoverIfa familymemberis strickenwitha life threateningcondition,not only is their ability to earn their living in jeopardy but theirwholelifestyle mayhave to be drastically altered, which maybe costly.



For small businesses employing 1 or 2 people, it can betempting to leave this until the staging date is upon you, butour advice and experience would be to seek out informationat the earliest opportunity to give you the best solutions foryour individualneeds.

Whole of Life AssuranceThis is a policy that pays a sum assured to the beneficiaries ofa deceased policyholder upon death at any age. The policy maybe written on a with-profits or unit-linked basis. ModernWhole of Life policies include a number of other options, e.g.to increase the sum assured, to have premiums waived duringperiods of illness etc. Many people use Whole of Life policiesfor inheritance taxplanning.

It is designed to provide you with a regular benefit for up to 1or 2 years if you are unable to undertake your usual occupationas a result of illness or injury. Especially suited for start-ups,new business or situations where your taxable income is low.

Critical illness insurance can provide the necessary funds to enablethat adjustment to be made more easily. There are a wide range ofIllnesses and types of permanent disablement situations that arecovered such as Cancer, Heart Conditions, MS etc. These days,many people can go on to live many years after diagnosis and thiscover can be especially relevant if you are single and have nodependants.

Bills andThingsThis is a new approach to providing cover for your outgoingsand doesn’t require you to be earning a certain amount in orderto qualify.

LifeAssuranceWhilst most people intend to live a long and industrious life,death is a certainty for us all and planning for what will happento those whom you leave behind should not be avoided. LifeAssurance is an important consideration for anyone who hasdependents and/or debts, particularly larger commitments suchas mortgages or business loans. There are three main categoriestoconsider:TermAssuranceProvides a fixed sum payable on death within a set period. Ifthe policy holder survives the term, then the policy ceases. Thisis the cheapest form of cover and may be used on a decreasingbasis (particularly to cover the outstanding loan under a'repayment' mortgage), whilst options to convert into anothertype of life assurance to increase or renew the policy can bebuilt in at asmall extra cost.Saving Policies with LifeCoverVarious types of these exist with the proportion of life andother protection. These plans vary according to premium,length of term and options selected.

Balens FinancialLtdWe are able to offer financial advice on all of your financialplanning needs through our sister company Balens FinancialLtd. Please contact us for a no obligation initial discussion atno cost to you Balens Financial Ltd is and AppointedRepresentative of Go IFA Ltd who are authorised andregulated by the Financial Conduct Authority.

A power of attorney also ensures that financial/wellbeingdecisions can be made for you without a delay whilst waitingfor the court of protection to make the decisions on yourbehalf.

PensionsWe never know what the future may hold, however, withthe current state of the country’s finances, relying solely ona state pension to see you through your old age, may notgive you the standard of living you would like. Pensions havebeen described as saving now so that you can spend later. Itis easy to fall into the trap of thinking that money iscurrently tight, so you will postpone making any savingsuntil funds are a bit easier, however, as we are sure you areaware, the earlier you are able to start investing in yourpension, the less you need to be investing. With the newlegislation making Pensions even more flexible it has neverbeen a better time to start saving. The key is to ‘begin withthe end in mind’. By focusing on how much you want toretire on your financial adviser will be able to tell you howmuch you need to save.

Work place pensions and Auto-enrolmentLegislation came into effect in 2012 that will require all UKemployers to offer a worked based pension to staff. This isbeing phased in between 2012 and 2017, with larger firmshaving to enrol first and smaller ones last. Thegovernments’ website on the subject notes ‘The level ofpension contributions will be phased in over time to helpemployers and individuals adjust. Full contributions willhave to be paid from 1 October 2018.’

Wills& Powerof AttorneyIt is important to make a will, particularly if you have any assetsor dependents. This should include putting life policies etc. intoa suitable trust, to keep the proceeds out of the estate. This willalso consider inheritance tax implications, by adopting some ofthe legitimate reduction strategies available.



CLAIMSCORNERAdvice on what to do in the event of a Complaint or Claim

Get ongoing consent if a series of sessions is likely.

© BalensLtd• Don’t get angryordefensive,admitliabilityorindicateyouare insured.

www.balens.co.uk17

None of us know when we may find ourselves in apotential claim situation. You have purchased yourinsurance to give you peace of mind, that should you everfind yourself in such a situation, you will have theknowledge there will be someone there to help and supportyou. However the reality is that regardless of the insurance,a complaint or claim against you or your business can bevery stressful, time consuming and costly, with potentialunexpected knock-on effects that may be hard to quantify.

In the unfortunate event of someone making a complaintagainst you, please contact us in the first instance, in orderthat we are able to support you through the process. Wewill need you to formally notify us in writing, submittingyour case history notes and treatment records, along withyour own detailed version of the events of the situation.Our Claims team are here to help, it is what you purchasedyour insurance for, and the earlier you advise us, the soonerwe can give the support you may need.

• Whilst you will never be able to completely eradicate therisk, there is much you can do to mitigate the potential of acomplaint or claim:

• Good quality communication (especially listening skills) anddeveloping a quality therapeutic relationship is key.

• Make sure you explain what you do and how you do it,explain potential side effects or reactions as well as whatthe benefits are. Clients can then make an informed choiceabout whether to proceed, and you can manage theprotocol and structure of the client journey withyou.

• If you give classes rather than one to one sessions, then youshould still explain the above, keep lists of who attendedand briefly what went on in the class

• Keep your boundaries; respect your patient’s autonomy.

• Please remember that you have a patient-practitionerrelationship with your client, so keep your communication styleprofessional. Familiarity could become adouble-edged sword.

• Try to keep personal relationships away from professionalones- don’t get intimate with your patients- it still happens andinevitably can causeproblems

• If you are asking someone to remove their clothes for yourtherapy, remember to ensure they are comfortable to do so.Vacate the room, or provide a screen for them to get changedbehind. Provide a robe and/or offer a chaperone if possible.

• Towels and discretion should be used at all times to maintain

• dignity.

Gain consent before you touch your client, and throughout the• treatment, and note this in your records.

Below is a list of recommended Do’s and Don’ts in some common complaint situations.

VerbalComplaint• Do listen. Regarding pain or perceived lack of progress –

empathise, explain, reassure, make earlier follow-up appointmentand maintaingoodwill.

• Do consider whether the complaint is about a "notifiable safetyincident" thereby triggering the statutory duty of candour (see

• below).

Do notify Balens if customers still appear to be unhappy –• remember to also note this information onyour Insurance Renewal

Letter of Complaint• Do notify Balens and Your Association if you have one, and

pass on all correspondence together with patient notes andyour response to the allegation unless a notifiable safetyincident has occurred (see below).

• Do acknowledge their letter and tell them you will respondwithin a reasonable period e.g. 14 – 21 days.

• Don’t admit liability or respond directly in any way.

No show- missed appointment•Do ring the patient to identify reason for no show. Most

common reasons are that patient feels better, it did not help, ortheyforgot.

•Do treat as a verbal complaint if any concerns are raised as areason for missedappointment.

•Don’t donothing.

RefundRequest•Do ask why. Request that they put the nature of the complaint

in writing to the Therapist so that it can be fully investigated.Contact Balens for furtheradvice.

• Don’t get annoyed, angry or defensive.NoPayment

• Do ask why. If the patient is not happy, give reassurance andexplanation - offer another appointment, complimentary ifnecessary, as a gesture of goodwill.

• Do consider whether that has been a ‘notifiable safety incident’thereby triggering the statutoryduty of candour (see below)

• Don’t get annoyed, angry or defensive, admit liability or indicateyou areinsured.

Requestto see notes• Do give access, offer copyor write report from notes.

• Do ask why, although this request is rarely to do with acomplaint, usually the patient is moving or has an insurance claimas a result of an accident.

• Do consider whether there has been a ‘notifiable safety incident’thereby triggering the statutoryduty of candour (see below)


The core purpose of the Act was to stop people abusing dataheld and using it for unethical purposes. On the other hand,you have a human right (protected by law), to maintain yourlivelihood. In order to defend you, it is usually a condition ofyour Insurance policy (Contract Law) that records be kept for atleast 7 years. Statutes of Limitation (Under Civil Law or Tort)extend the possibility of an action against you beyond the timelimits of the Data Protection Act and your policy conditions -sowhich one should you obey?

We recommend that you keep patient records indefinitely,particularly those for minors. This applies even when you havereferred the patient on, or you have left the practice where youadministered the treatment. Although in most cases theStatute of Limitation that applies for late discovered situationsleading to an allegation of negligence is 3 or 6 years from thedate that the patient discovers a problem, there are certainsituations where the limitation period could be much longer.

In the case of minors, this is 3 or 6 years (according to the typeof claim) from the date that they turn 18. In the case of peoplewith learning difficulties and in certain other situations, there isno statute of limitation and the Courts can overturn limitationperiods, so you can see our rationale for record retention.

Your patient’s case notes and records are your property, andyou must retain them even if you move to another practice. If,as a clinical supervisor, you oversee a student’s work under yourprofessional practitioner insurance, the patient’s records areyours. Although a patient can, by written application, seekaccess to notes they have no legal rights of ownership.However, if a patient requests a copy of their notes, (which isallowed under the law) you must follow the procedure laid outin the Data Protection Act 1998 and keep a record of this onthe file. As your Insurance policy may need to defend anallegation against you in the future it is important that youknow where they are at any time.

Think ahead! You may want to appoint someone in your Will orany Power of Attorney arrangement you may have set up to beable to have access to the records if you are too ill, disabled orincapable of accessing them. Your Will should include suchinformation so that if your Estate was challenged after yourdeath, the policy would be called upon to defend it and wouldbe able to do so.

On selling or otherwise transferring your practice, you maypass on the original records if (a) the new owner will be subjectto the same or similar rules to those referring to Case Notesabove and (b) the patient is informed in writing in advance ofthe transfer and given the opportunity to object, in whichevent you mustretainthe original records.

Before you carry out the treatment you must also ensure thatyou check what medication your client may be on, anyprescriptions they are taking and any medical conditions theymay have, as there may be conditions which preclude thetherapy.

We are often asked ‘how long should I keep my notes? Whathappens if I work in a clinic who owns the notes?’ and ‘Whathappens if I leave a clinic or stop practicing?’ or ‘What aboutData Protectionlegislation?’

The reality is that there may be overlaps or contradictionsaccording to the different types of law. Data Protectionlegislation, Contract Law, the Criminal law and Human Rightslegislation are there to protect the public and prevent abuse butthey can cause confusion, especially with regard to what youshould do as part of your contract with your insurance companyin complyingwith policy terms and conditions.

The Data Protection Act says you should keep records for no longer than necessary (although they don’t define how long thatis!).

Notifiable Safety Incident– StatutoryDuty of Candour• Do notify Balens of the incident immediately

• Do arrange to meet with the patient (or if they are deceased orlack capacity, someone able to lawfully act on their behalf) assoon as reasonably practicable. At that meeting the patient /service user should be provided with:

A factual account of what has occurred to the bestof your knowledge at that time.

Details of the future enquires that will be undertaken

An apology which expresses sorrow or regret thatthe incident has occurred

• Do ensure that there is a record of this meeting and that the patient is subsequently written to confirming what was

• discussed.

Do provide reasonable support for the patient/service used in• relation to theincident.

Do at the conclusion of the investigation write to the patientconfirmingthe outcomeof this and ensure that a detailedrecord

• of this is kept.

Don’t speculate about what may have occurred when you first• met the patient; instead keep to the facts as known at the time.

If you are concerned that an apology may amount to anadmission of fault or liability contact Balens for further advice inadvance of the meeting.

RecordKeepingYour records are your first line of defence if a client makes acomplaint or claim against you and are therefore of utmostimportance. Please report everything relevant that happened inthe therapy session and relevant comments from the client, bothpositive andnegative.



Youmust also ensure that patients arekept fully informed and offeredappropriate choices about theircontinuing care and the safe keepingand location of their original records.As it will be your policy that willdefend you for previous workperformed (as long as run off cover isin place), you must ensure that thenotes can be easily accessed or thatyou have copies, in order to fulfil theterms of the policy and in any event,to allow yourself to be defendedwhether by the insurers - or anyoneelse.

Demonstration SessionsIf you are providing a demonstrating session, or quick tastertreatment perhaps on a stand at a show, you still need to keep arecordof the date and name of the personyouhave treated, andto ask them above medical history questions.

We have had cases where people have made a claim in thissituation, and it was the therapist’s notes that showed theIndividual was not treated at the time, thus the claim wasrepudiated.

Refunds – General MalpracticeClaimsWe regularly get clients who prejudice their claims by trying topacify injured, difficult or angry clients with refunds,purchasing remedies, paying medical expenses or offering freetreatments – please don’t as this may invalidate yourinsurance cover – come to us first and we will guide youthrough these situations! Remember - it is a requirement ofyour Balens insurance to advise us of any incident that MAYgive rise to a claim. The sooner you advise us, the sooner wecan help you to deal with the situation, and give advice to helpprevent the incident turning into a claim againstyou.

AllergicReactionsandReactionsto TreatmentsThese should always be handled with care both pre and posttreatment advice. Always go with what you were taught to doin these situations but refer to us if unsure. Where a productor procedure for example requires a patch test, as required byyour insurance conditions, please make sure you perform it: ifyou do not comply then your claim could be rejected. Wehave processed many cases for IPL. It is particularly importantthat a patch test is completed for IPL at least 24 hours inadvance, and that the treatment is given at the same strengthof laser as the patch test was performed. If you wish toincrease the strength of the laser, a further patch test must betaken.Do make sure that you give clients adequate post treatmentadvice and information detailing possible reactions which mayoccur. These could include information about possiblephysical discomfort or even temporary reduced mobility andhow to deal with it. Explain to them that if symptoms do notsubside after a reasonable period they should contact you forfurther advice. You should note this advice in their records.

You have a common law duty to mitigate losses in buildings andcontents claims, so temporary repairs and prompt action toprevent further deterioration loss or damage are advisable.Please keep relevant receipts and documentation. Always let usknow immediately something happens rather than delay mattersand we will guide you through the process.

Tenants’ Improvements &DecorationsIf youare rentingpremises, in most cases youare likely to want toimprove or add to the property. For example, moving into a newoffice and adding an air conditioning unit, perhaps you re-decorate or re-carpet. Please remember changes orimprovements you make to the property or room is probablyyour responsibility to insure. If something were to happen to thebuilding, the landlord may not be responsible for any changesyou have made. Please also ensure your contents sum insuredreflects any contents you are responsible for via a landlord’scontract.


Employers Liability & Public LiabilityRecent legislation changes the procedure for EmployersLiability and Public Liability injury claims. The time scaleswithin which a claim is to be managed, the way a claimant'sclaim is funded and the amount in costs which will berecoverable by the claimant from the defendant. The changesimpose much stricter timescales for the investigation andhandling of Employers Liability and Public Liability Injuryclaims, therefore we will nowneed:

• A Full record of any incident that may lead to a claim. With immediate notification.

• You should collate photos, statements, training records, risk assessments, wages information and CCTV Records as relevant.

• You must contact us immediately if you receive a claimnotification form.

Advertising Standards andDisciplinary HearingsDefenceWe have been defending these for Chiropractors,Osteopathsand others where a disciplinary defence needs to be mounted.These costs have been mounting up, rising to hundreds ofthousands of pounds! As well as Disciplinary Hearings defencecosts, we cover Pre-Disciplinary Hearings legal advice and we arealso able to appoint a Solicitor to help at the screening stage for allOsteopaths and Chiropractors. If you have been accused of acriminal offence our DAS Legal package will defend you. We arecontinually look at ways to help our clients further with advice onclaimshandling.GeneralContents& BuildingsClaimsUnfortunately people are still having their claims reduced due tounderinsurance or forgetting to revise or add items. Incommercial buildings and content claims the insurer willproportionately reduce the level of pay out if you have not hadsufficient cover in place. We would advise that you remember toreview and revise your cover with us regularly. For businessesthis may include additional equipment purchased, and for homeowners this may include revising your sums insured for anyjewellery, with the increases in the gold and diamond markets.


TopTip:If you have any expensive jewellery -take a picture of yourself wearing it, it helps to prove ownership in the event

of a claim

BALENSCPDTRAININGAs you may be aware, education is something that is veryclose to David Balen’s heart. He regularly lectures, takespart in webinars and enjoys writing articles on variousareas of insurance and risk management.

With this in mind, we have run a number of subsidised CPDtraining events for our clients. The lecturers have been expertsin their field, delivering professional and informative material ofgreat value to our clients. The events have been well attendedand proved extremely successful, with tremendously positivefeedback. An attendee, Brendan, wrote that it was ‘Well worth atrip from the south coast to Birmingham..’ and that ‘The value andquality -unbelievable’.The main focus of the events has been to offer topics that webelieve will be useful to individual practitioners, creating anawareness of the bigger picture in Health practice, as well asimportant topics for their business, such as changes in the law,marketing, avoiding complaints and improving communicationskills.Recordings from the lectures are available at www.balens.co.uk/cpd together with details of future events and articles on other areas of Risk Management.

This is brilliant! For some reason I never knew you

ran these CPD conferences.As a customer, it makes me

feel very 'looked after'. Client – March 2015

FurnitureIf you are performing a treatment at a client’s home, pleaseremember that a non-permeable sheet must be put down toprevent any products making contact with your client’s furnitureorfloorcoverings.

Consent forMinorsThe issues relating to the treatment of minors are full ofcontention. The policies we offer require that the consent of aparent or guardian be sought before treatment, however thereis legal precedent for when this may not necessarily be thecase and our policies reflect this to include Fraser Guidelinesand ‘Gillick Competency’. It is viewed in UK law that a minorcan make their own decisions related to their health, accordingto ‘Gillick Competency’ and the ‘Fraser Guidelines’ whereappropriate. A UK Law Lords ruling in the early 1980’s on theGillick Contraception casestates:

“...whether or not a child is capable of giving the necessaryconsent will depend on the child’s maturity and understandingand the nature of the consent required. The child must becapable of making a reasonable assessment of the advantagesand disadvantages of the treatment proposed, so the consent,if given, can be properly and fairly described as true consent.”

And that

“Parental right yields to the child’s right to make his owndecisions when he reaches a sufficient understanding andintelligence to be capable of making up his own mind on thematter requiring decision.”

Gillick Competence and the Fraser Guidelines originally issuedin connection with contraception advice, have since cascadedinto other areas especially those concerning the health andwell-being of the minor involved. Whether you choose to treata minor or not without parental consent, based upon theabove will be individual to you and your own conscience, butregardless of this, do bear in mind that the statute of limitationis much longer and may be overturned in the case of minors.This is why we always recommend you keep case notesindefinitely and include your rationale as to why you decidedto treat /advise without parental consent, in order to defend alate discoveredclaim.

Lectures include:


•Complementary and Sustainable Healthcare in the UK and Europe: who can secure its future? (Seamus Connolly -EFCAM European Federation for Complementary & Alternative Medicine - 2016)

•What patients expect from us and how this fits with Primary Care? (Professor George Lewith, University of Southampton - 2015)

• The Therapeutic Relationship - including research into its benefits (Professor David Peters, Westminster University –2015)

• Empirical Science or Vitalism? - An investigation into randomized control trials to establish the effectiveness of Natural Medicine (Professor Paul Dieppe, Exeter University- 2013)

• Your Vision, Your Message - Marketing and the Advertising Standards Agency (Ian Lickorish, ID Marketing - 2012)

• Negotiating the Boundaries - Managing difficult situations with your clients (Tsafi Lederman & Jenny Stacey -2012)

http://www.balens.co.uk/cpd


TECHNICALGLOSSARYInsurance has a language all of its’ own that hasmystified the non-initiated for many decades! Wehope that this glossary will help you decode some ofthese mysteries - you need to understand themeanings of your policies- they help protect yourlivelihood, belongings and your nearest and dearest.Throughout this document, where we use the term“the insured” we mean the policyholder – you, ourclient, whom we have also referred to as 'thetherapist/health professional. An insured may also bea company or other corporate entity as well as anindividual. Balens will be referred to as 'us/we' and theclient of the insured will be referred to as 'thepatient/client'.

1STPARTYThe insured (the therapist/health professional) whetherindividual or corporate.

2ND PARTYThe insurance company.

3RD PARTYThe client of the insured (the patient) or any other personor corporate entity who is not a 1st Party.

BREACH OF CONFIDENTIALITYWhere someone (not necessarily a patient/client) allegesthat “the insured” has divulged information detrimental insome way or which could cause loss or harm to them.

CHILDREN (and treatingthem)The age of majority is 18 but for the purpose of ourpolicies, parents must give their consent to children underthe age of 16 years being treated and it is advisablewherever possible for them to be present at all time whilstsuch therapy is being administered. Fraser guidelines alsoapply (please see page20).

CLAIMS MADEPOLICY


Most professionals (e.g., Solicitors, Accountants,Consultants etc.) have historically had this type of policy. Itcovers “the insured” when an incident is discovered, notwhen it is alleged to have taken place. When retiring orceasing a policy, “the insured” needs to ensure that anynew carrier will pick up the previous period insured, or that“the insured” purchases at a reduced premium some "run-off" cover (see below).

Cover can be updated and improved each renewal. Anyclaim made after the update will be dealt with under thewider cover, even though the event may have taken placein a previous year. The Statute of Limitations (normally 3-6years from date of discovery of a problem not from thedate of giving the treatment) means that “the insured” doesnot need run-off cover indefinitely. The statute for injuryclaims regarding children is 3 yrs from date of majority, butCourts may overturn this statute in respect of children.

There is no limitation period regarding learning disabledpatients. For this reason we recommend patient notes arenever destroyed and kept for at least 15 years especially, iftherapists have treated children or those without legalcompetence.

CLAIMS OCCURRING POLICYA type of policy (usually Public or Civil Liability wording)where a claim is agreed to be triggered by the date theincident was alleged to have taken place. There is no needto keep a policy going after retirement or when changing toanother policy. “The insured” is locked into that type ofwording, and any claim will be based on the cover andamount which was in force at the time of the incidentwhich is alleged to have occurred, however long ago thatmay be. Retroactive cover is not automatically included butsome insurers will allow clients to buy it, usually at cost.Gaps between missed periods are not normally picked upby this type of cover. Both types, Claims Made andOccurring have positive and negative aspects. Balenscombined the best of both in our “Hybrid” wording.

BALENS HYBRIDPOLICYBased on a Claims Occurring wording and therefore notrequiring run off, our wording also includes retroactivecover for previous work performed whilst previouslyinsured. It is also unique in that cover can be upgraded andthe upgrade is then applied to all previous workperformed- something not possible on a standardoccurrence wording.

COMMERCIAL LEGALPROTECTIONCovers Criminal defence mainly: Criminal Law Issues.Whereas Indemnity and Liability policies are dealing withLegal Liability and the Law pertaining to negligence. CLPPolicies include many extra covers and advice linesaccording to the package selected, but typically TaxInvestigations, Jury Service compensation, Helplines andso on. Corporate policies also include EmploymentTribunal and Employment Helplines.

COMMON LAWDUTYThere is a duty of any insured to take reasonable andresponsible steps to prevent a possible claims situation orif one has occurred, to lessen the effects of any potentialloss.

CRIMINALPROSECUTIONAlleged Breaches of Criminal Legislation, which may betaken to Court. Defence cover is provided, but not coveredfor fines or ultimate loss of liberty.

DIRECTORS AND OFFICERSLIABILITYThis covers the Financial Risks arising from the operation ofa Limited Company or Charity, where there are Directors,Trustees or Council Members overseeing the operations ofthe organisation. They can be held personally responsiblefor losses arising from Breach of Fiduciary Duty, Negligence,Mismanagement or Dishonesty causing financial loss allegedby an Independent Third Party. Can be extended to includeadvice, errors and omissions, and may further extend toinclude Public Liability, Product Liability. Contingent MedicalMalpractice arising from Injury would need to be coveredunder a separate policy, where someone connected (e.g. aMember or Teacher) has been negligent and the allegationagainst that person extends to include the corporate entity.


DISCLOSUREInformation “the insured” needs to divulge to us that maybe relevant to their policy cover –before taking out coverand afterwards to keep us up to date during the policyterm. Any policy issued is based on the information theclient puts in the form and maybe crucial to the contractbeing sound.

EMPLOYERSLIABILITYThis covers “the insured” for injuries sustained by anyemployees or work experience assistants. This cover is alegal requirement where “the insured” employs staff, andthe employer's liability certificate needs to be displayed intheworkplace.

EXCESSThe amount “the insured” is liable for in the event of aclaim. There is a nil excess on our Malpractice cover, butusually £50 / £100 excess on Contentscover.

INDEMNIFYDefinition – to protect someone or something againstpossible damage or loss by paying an indemnity to coverthe costs.

INDEMNITYDefinition – protection against possible damage or loss,especially a promise or payment, or the money paid if thereis such damage or loss – the principle here is that “theinsured” should be no better off after, than they werebefore, the incident. N.B. The insurer indemnifies “theinsured”, not the public.

INDEMNITYLIMITThe maximum amount for any damages (plus defencecosts) awarded against “the insured” in Court, or as an outof court settlement figure.

INSURABLEINTERESTFundamental Principle of Insurance -“The insured” is thenamed person or organisation and must be entitled toreceiving the benefits of cover under an insurance policy.Any other interested parties, (e.g. a bank or building societywho may have an interest in a property being insured)would need to be noted on the policydocumentation.

LEGAL & DEFENCECOSTSThe amount to pay for the legal advice and supportthroughout the process. This can be a large amount andsome policies include this within the Indemnity limit, thusreducing the amount of total cover.

MATERIALNON-DISCLOSUREThis raises the question 'Is there anything we have notbeen informed of that may affect Underwriter's decision toaccept the risk – at inception or subsequently?' May be acause for a claim to be prejudiced - hence importance ofmaking sure you tell us everything that may be relevant asrequested on our proposal forms.

MEDICAL MALPRACTICEThis is where “the insured” has not performed with areasonable degree of skill and care, in treating or advisingresulting in possible injury or death to 'thepatient/client.'


NO CLAIMSDECLARATIONA very important declaration by “the insured”, confirmingthat they have become aware of no claims or suits or anycircumstances which could reasonably lead to a claim beingmade against them or action initiated against them, sincethe time of signing their proposal form or renewaldeclaration form. Your policy cannot proceed withoutcompleting this.

PRODUCTS LIABILITYThis covers “the insured” for any defect in goods (e.g.medicines, supplements or health aids) sold, supplied ordemonstrated to a third party which may cause injury ordamage. Even if “the insured” did not manufacture the itemconcerned and innocently passed it on, under EECdirective, the Consumer Protections Act etc., “the insured”will still be initially held liable. As the last in the chain ofsupply and can be heldliable.

Some of our policies have a £30,000 limit selling to non-clients. We can do higher amounts under our morespecialist covers for Health Products if required, but willneed a separate form and full details forthis.

PROFESSIONAL INDEMNITYThis is a commonly misunderstood term, and refers to acover which indemnifies (i.e. protects) “the insured” againstany allegations of loss arising from the conduct of his / her/ their occupation, whether treating or not. This can coverfinancial loss due to inadequate or incorrect advice,consultancy work etc., and applies where injury has notbeen caused. Breaches of Duty of Care come under theLaw of Negligence or "Tort". Our wide definition of cover isnot restricted to treatment only but covers claims madeagainst “the insured” as a result of their conduct ofoccupation.

PUBLIC LIABILITYThis covers liability at law for causing injury to other people(not necessarily clients / patients) for damage to theirproperty, provided that no treatment or advice was thereason for the incident.

RETROACTIVE COVERCover for work performed under a previous insurancepolicy.

RUN-OFF COVERClaims Made policies need to be advised to have run-offcover on termination of the policy, in order to answer anyclaims made relating to work previously carried out underthat policy. Balens Malpractice Policies do not have thisrequirement.


Balens LtdSpecialist Insurance Brokers

Bridge House, Portland Road, Malvern, Worcestershire, WR14 2TATel: 01684 893 006 Fax: 01684 891 361 E-mail: [email protected] Web: www.balens.co.uk

Balens Ltd is Authorised and Regulated by the Financial Conduct AuthorityBalens Financial Ltd is an Appointed Representative of Go IFA Ltd who are Authorised and Regulated by the Financial Conduct Authority



Balens Advice & InformationGuide · 2017-07-31 · 1. Always to continue improving and developing...

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Transcript of Balens Advice & InformationGuide · 2017-07-31 · 1. Always to continue improving and developing...