Product recall insurance

An ‘extra expense’ cover indemnifying the insured for costs incurred in recalling a product suspected of being injurious to customers and users. Recall costs include communications, transport, warehousing, inspection, overtime, even destruction and so on. Cover is triggered by the decision of the insured to recall the product because of its potentially harmful nature. Cover applies to accidental causes not design faults. Companies should maintain a product recall plan.
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Insurance which indemnifies the insured for the cost of recalling products known or suspected to be defective.

Product recall plan

A manufacturer’s plan to enable him to action a product recall situation immediately on becoming aware that it is necessary or prudent to withdraw a dangerous product. Tracing, identifying and handling products need to be pre-planned to minimise cost and risk. The plan is a vital risk management tool.

Product tamper insurance

Protects manufacturers who are the victims of product contamination or the threat thereof. The insurance pays the cost of stock destruction, business interruption and product rehabilitation. There is no cover for third party injury (see PRODUCT LIABILITY INSURANCE) or extortion payments (see PRODUCT EXTORTION INSURANCE). Consultancy services are usually available through the insurer. Food manufacturers and leading retailers are the most likely victims.

Professional fees legal protection

A legal expenses insurance for professional fees (including those of a firm’s accountants) for representing the insured’s interests in the event of being subject to an in-depth investigation by the IR. Also covered are appeals against VAT assessments made by HM Customs and Excise. Cover includes personal protection for individual directors, partners and the self-employed where there is likely to be overlap of the investigation into the individual’s own affairs. Cover usually extends to include the cost of fees that may be incurred by the insured in dealing with PAYE Audit Investigations.

Professional indemnity insurance

(PI) Claims-made cover protecting professionals’ against civil liability arising from a breach of professional duty subject to an annual aggregate limit. Insured’s own costs are covered in addition. The policy eliminates claims due to matters occurring before the retroactive date and occurrences and claims reported after expiry unless reported within an extended reporting period. Extensions include loss of documents cover. See PROFESSIONAL FEES LEGAL PROTECTION; PROFESSIONAL NEGLIGENCE; MEDICAL DEFENCE UNION.

Professional negligence

The neglect of a professional duty of care by a professional. It is a negligent act, error or omission that, if it causes a loss, will make the professional liable in law to a client or third party to whom duty is owed. (See Hedley Byrne v. Heller & Partners (1964)). See PROFESSIONAL INDEMNITY INSURANCE; VOLUNTARY ASSUMPTION OF THE RISK.

Profit commission

UK: A commission based upon a pre-defined formula intended as an incentive and reward. Examples are: (a) the commission received by an underwriting agent from the syndicate members at Lloyds as a reward for profits; (b) the commission received by a cedant from a reinsurer as a reward for the ceding of profitable business.
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REINSURANCE: A commission feature whereby the cedent is allowed a commission based on the profitability of the reinsurance contract after an allowance for the reinsurer’s expense and profit margin.
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A provision found in some reinsurance agreements that provides for profit sharing. Parties agree to a formula for calculating profit, an allowance for the reinsurer’s expenses, and the cedant’s share of such profit after expenses. See Adjustable Features, Risk Charge, and Experience Refund.
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UK: at Lloyd’s, remuneration received by an underwriting agent based on the results of a year’s underwriting (but see also contingent commission).
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REINSURANCE: Commission paid by a reinsurer to a ceding office under a proportional reinsurance treaty that is dependent upon the profitability of the total business ceded during each accounting period. Also used, in other arrangements, as any commission contingent on the claims experience.