Malaysia Business Insurance

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Wednesday, 14 November 2018

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Malaysia Insurance Information

Liabilities Insurance
Directors & Officers Management Liability
Protection from financial losses as a consequence of acts, errors or omissions, including securities and employment practices claims, suffered in the course of their business activities.What Is Directors’ and Officers’ Liability Insurance?

Director's and Officers' Liability insurance quite simply is designed to protect Directors and Officers against personal liability that they may incur in respect of amounts which they are liable for, in respect of claims made against them arising out of the performance of their duties.

Example of the types of personal liabilities are:

a) Civil Damages or Settlements
b) Financial Losses suffered by third parties
c) Defense Costs

Scope of Cover:

Pay on behalf the Director's and Officers' (D & O) of the company against loss arising from any claim(s) made
against them jointly or severally by reason of any wrongful act
committed or alleged to have been committed by them in their capacity as D & O of the company.

The policy comes in two parts:
1) Director & Officer section - Indemnify the Director&
Officer personally in respects of claims made against them resulting in
a) Civil damages and settlement.
b) Cost & expenses.

2) Company Reimbursement Section - On any claim made against the Directors’ & Officers

Policy Form:

Director's and Officers' Liability insurance (D&O)
policy covers "Directors and Officers (insured persons)” for "claims” made against them alleging a "wrongful act” first made and notified during the policy period. i.e. This is a claims made policy.

If a Retroactive date is stated, the policy would cover claims made as a result of " Wrongful Act” committed after the retroactive date.

Extensions:

• Past, Present & Future D & O of Holding Company
• D & O of subsidiary company
• Outside Directorship
• The lawful spouse , estates, heirs or legal representatives
• Employment Practices Liability Extension (Non-Entity)
• Additional Notification of 45 day
• Advance payment of defense cost

The information provided above is intended as a summary only. For full details of Director's and Officers' Liability insurance (D&O) cover, conditions and exclusions please refer to Malaysia insurer Directors and Officers Insurance (D&O) policy wording.

SME Directors and Officers Liability Insurance

SME Directors and & Officers Liability insurance is designed to help protect a wide range of small to medium size companies.

Directors and Officers of Small Medium Enterprises (SMEs) may not be aware of the potential threat they are exposed to. Directors and Officers Liability Insurance is just as relevant to the SMEs, as to the large national or multi-national organizations.

This policy is designed to protect the personal assets of the
Directors and Officers by providing indemnity for loss arising from a claim as a result of a ‘wrongful act’ like breach of duty, neglect,
error or misstatement committed by them in the course of performing their duties in their capacity as Directors and Officers of their company.

Who is eligible for SME Directors and Officers Insurance?

SME Directors and Officers Insurance is available for the profitable companies who have been in business for more than two years with annual turnover of up to RM100million.
Both privately owned companies (Sendirian Berhad) and companies listed on Bursa Malaysia Berhad are eligible to apply for this insurance.

Eligible Industries are :-

1. Advertisement, promotions, event organizers, TV/Film producers
2. Agricultural production and fishing
3. apparels, finished products, furniture
4. Building contractors
5. chemical manufacturers/distributor
6. Construction (heavy and building construction)
7. Departmental Store, emporiums, supermarkets, mini markets & shopping complexes
8. Educational Institutions (school, universities, colleges)
9. Electronic components manufacturing
10. Entertainment centers including cinemas
11. Freight and shipping
12. Golf and country club, amusement park operator
13. Gyms and yoga centers
14. Hospital, medical centers and dialysis centers
15. Hotels
16. Industrial plants
17. Interior designers
18. Manufacturing
19. Non-profit organization
20. Plantations
21. Power Plants

22. Property development

23. Radio, tv station/broadcasting, studio and wireless page

24. Restaurants, bars and pubs

25. Retailers, boutiques, showrooms

26. Stone, clay, glass, metal and concrete products

27. Tour operator

28. Tuition centers, music and dance school, education training centers, driving schools

29. Utilities companies

30. Wholesale trade (durable and non-durable goods
No proposal form is required. What we need is just the following information:

Name of the Insured
Industry
Annual Revenue
Privately owned or listed on Bursa Malaysia

SME Directors and Officers Liability Insurance Coverage:

1. Worldwide coverage
2. Full Retroactive cover

3. Legal Representation Costs (worldwide) not tied to "wrongful act”

4. Automatic New Subsidiary cover

5. Broad definition of Insured (include Employee, Trustee of trust fund or pension scheme), Heirs, Legal Representatives, Estates, Lawful Spouse

6. Defence Cost for liability under Clause 46 of the Employee Provident Fund Act 1991 up to full policy limit

7. Defence Cost in respect of Involuntary Manslaughter up to policy limit

8. Defence Cost for Pollution Claims

9. Defence Costs for Pollution Derivative Action Claim up to
full policy limit

10. Defence Costs of Professional Services Derivative Action Claims up to full policy limit

11. Full Severability

12. Non Rescindable

Policy Form:

D & O policy covers "Directors and Officers (insured persons)” for "claims” made against them alleging a "wrongful act” first made and notified during the policy period. i.e. This is a claims made policy.

The information provided above is intended as a summary only.

For full details of cover, extensions, conditions and exclusions please refer to Malaysia insurer SME Directors and Officers Insurance policy wording.

Professional Liability Insurance Malaysia

Professional Liability Insurance
Provide financial protection against costs of defending legal actions and any damages that may become payable. Suitable for professions such as accountants, management consultants, IT consultants, software developers, IT outsourcing specialists, telecommunications companies, publishers, printers, public relations companies, etc.

Being in a top position in a company comes with its own risks. You are usually the decision maker for all the company’s plans and future choices. It’s a risky job but somebody needs to do it and that’s why your position and experience is essential to the company’s growth.

Historically professional indemnity (PI) insurance was focused on the traditional professions such as solicitors, accountants, architects and engineers and were limited to a few specialist insurers.

Today, professional indemnity (PI)
insurance has moved from its traditional home and has taken off as specialist class of insurance. The most profound development has been the extension of professional indemnity (PI) insurance beyond the traditional professions to other advisors and consultants. In addition, traditional professionals have been expanding into other and related sectors : solicitors have been acting as barristers and financial advisers, accountants and auditors have been moving into the highly profitable areas of management and computer consultancy.

Scope of Cover:

Professional Indemnity Insurance (PI) protects the professional against legal liability to pay damages to persons who have sustained financial loss arising from their own professional negligence or that of their employees in the conduct of the business.

Professional Indemnity
(PI) insurance policy offers indemnity strictly on legal liability
basis. In addition to indemnifying the professional insured against his professional liability, a Professional Indemnity (PI) Insurance Policy indemnifies him for defense cost and expenses incurred in respect of claim to which the policy applies

Policy Form:

Professional Indemnity (PI) insurance cover is granted on a ‘claims made’ basis.

The policy would therefore indemnify the insured against all
claims first made during the period of insurance. If a Retroactive date is stated, the policy would cover claims made as a result of negligent act, error or omission committed after the retroactive date.

Extensions:

• Partners’ previous business
• Dishonesty of Employees
• Libel and Slander
• Loss of documents
• Retroactive Cover
• Joint Venture Cover
• Newly Created or acquired entity or subsidiary
• Run Off cover insured entity or subsidiary
• Estates and Legal Representatives
• Outgoing Principals
• Consultants, Subcontractors and Agents
• Intellectual Property

The information provided above is intended as a summary only.

For full details of Professional Indemnity (PI) insurance cover, conditions and exclusions please refer to Malaysia insurer Professional Liability Insurance policy wording for the respective Profession.

Public Liability Insurance Policy
in Malaysia:
What You Need to Know

Public Liability Insurance protects
an individual and their business in case they are found legally
accountable to a third party. In general, it is a medium that guarantees set elements to injured parties under law.

Normally, such policies pay for any legal expenses, penalties
resulting from claims and even medical expenses if needed.

It only covers third party claims and not claims made by employees, as these come under employees liability insurance.

Should Your Business Have Public Liability Insurance?

Public liability insurance is an umbrella under which a large
variety of risks and situations are covered, and any business that deals with the general public takes it out to protect themselves against lawsuits.

In today’s litigious society, people are quick to file lawsuits when suffering any loss, damage to their property, or injury due to the negligence of a business. With a greater number of cases going to court, liability insurance has become broader in what it encompasses. The need for businesses to hold public liability insurance has increased over the last few years.

The insurance is essentially voluntary, with the exception of
some public events and facilities where the licensing authority makes it mandatory.

Additionally, organizations that operate voluntarily with the support of the local council are also required to carry public liability insurance.

Most businesses and organizations are becoming increasingly
aware of the potential to be sued and so consider public liability insurance an essential requirement. While it is now included in most business insurance packages like home, shop, restaurant and other insurance packages, it is also sold separately.

Who Needs Public Liability Insurance?

Professionals and business owners are generally the ones at the most risk of being sued, as they deal with a large client base on a regular basis. However, some professionals get greater benefit from taking out a public liability insurance policy than others. Any business, large or small, that interacts with customers at their place of business is at risk of being sued and so should make use of this protection. Also, note that the greater the number of people visiting the venue, the higher the risk.

Considering that just a single claim has the potential to
bankrupt a business or a professional, it is best to be protected.

Amount of Coverage & Other Facts

It is common for business owners to take public liability
insurance for the amount of RM 1 million, but RM 5 million packages are becoming increasingly popular. With more people willing to take businesses to court for the smallest mistakes, public liability insurance is no longer considered optional. In fact, some sites do not even allow tradesmen or sub-contractors on location unless they carry a Public Liability Insurance Certificate of Currency.

Within Malaysia, public liability insurance is fully portable,
meaning it covers an individual from site to site, as long as one
continues to work in the same trade. In case of a change of trade, it becomes necessary to inform the insurer or the policy may become void.

Additionally, every tradesman should have their own policy as
the head contractor’s policy many not be sufficient. At times, the head contractor’s insurer will make the pay-out on a claim, but then sue the sub-contractor to recover its money. Needless to say, different
occupations and situations have different risks, and the insurer must take those into consideration when writing a policy or note them accordingly to ensure that full coverage is provided to the policy holder.

Cost and Coverage of Public Liability Insurance

Public Liability insurance premiums are determined based on a number of different factors, including

The nature of the business or contract velue or sum insured cover amount.

The number of employees and contractors a business has.
At times, they even depend on the business turnover.
The larger the physical premises of a business and the more
employees there are, the higher the premiums are likely to be. The insurance rates depending on the insuring company.

Summary
Public liability focuses on civil wrong. The wronged person sues the owner on the basis of incidents of neglect. If the occupier or owner of an establishment is found to be responsible for the harm, damage or injury, the claimant wins and is awarded compensation.

Public liability insurance is without a doubt the most
justifiable cost for a business, as in its daily course of public
interactions it is under a continuous threat of being sued. A single law suit has the potential to financially ruin a business; public liability insurance offers protection.

Employers' Liability Insurance
Employer's Liability Insurance Policy is designed to provide indemnity to the Insured against his liability at law and claimants' cost for bodily injuries or diseases to Insured's Employees arising out of and in the course of their employment.

Scope of Cover

The Employer's Liability Insurance Policy indemnifies the Insured against liability at law to pay compensation and claimant's costs and expenses in respect of the bodily injury by accident or disease to the Insured's Employees for which he is liable and will in addition to pay all costs and expenses with the Company's written consent.

What Is Public Liability Insurance?
Public liability is a special form of insurance which is designed to protect business owners from the financial fallout that comes when things go wrong.

As a business owner there are dozens of different risks that you face every day. One of the biggest risks is that your business causes property damage or personal injury to a customer or member of the public.

What does public liability cover?
Your public liability insurance policy will cover you for the financial costs of a claim which involves personal injury or property damage to another person.

It is important to remember that public liability does not cover
personal injury to yourself or your staff, or damage to you or your staff’s property.

The best way to understand what is public liability insurance is to look at some examples of common claims.

Claims – Property Damage
There are many ways in which your business activities can result in damage to someone else’s property.
Damage which is generally covered by a public liability insurance policy includes damage which you cause directly, such as knocking over a valuable vase whilst working in someone’s house.

There can also be damage which occurs at a later date.

For example
you may have installed an electrical switch in a home, then two weeks later the house could be damaged due to you installing the wiring incorrectly.

Claims – Personal Injury
Personal injury claims are often the most financially damaging when it comes to public liability.

Common public liability claims for business owners can include a customer or visitor tripping and falling whilst on your business
premises, where it can be shown that the fall was due to the actions (or inaction) of your business.

How much does public liability cover?
Public liability policies are available in a range of sizes. Here in Malaysia you can generally obtain a policy in the following sizes:

RM 1,000,000
RM 2,000,000
RM 5,000,000
RM 10,000,000
RM 20,000,000

Some insurers also issue policies of RM 15 million, however those listed above are the most common.
In special circumstances it is possible to obtain a public liability insurance policy for a larger amount, however this is generally not required for most businesses unless they are doing something out of the ordinary.

More information on public liability insurance
If you require more information on this form of insurance or would
like to obtain a public liability quote please speak with ACPG insurance
professional consultant or any other suitably qualified insurance
professional

Public Liability Quotes By ACPG Managment Sdn Bhd (ACPG)
Once you have made the decision to take out a public liability insurance policy for your business or organization, the next step is to obtain quotes.

Obtaining quotes is an important part of the public liability process, as you need to budget for the cost of the insurance, as well as compare various quotes to ensure you are getting the best value for money.

Do it properly
There is no point in looking for public liability quotes if you don’t know exactly what cover you need for your business.

You could of course just take out the cheapest public liability
insurance policy you can find, but if the policy is not suitable for your business then you are just wasting your money anyway.

So before you start looking for quotes, you first need to do you research and find out which type of public liability policy is going to suit your needs best.

If you are unsure of which type of policy you should choose, it is recommended that you speak with an insurance broker. In most cases the broker can also obtain the quotes for you if wish.

Obtaining quotes
There are a few different ways in which you can obtain quotes on your public liability cover.

Many business owners and operators obtain quotes from a qualified insurance broker.

This is certainly a good option, as you can rely on the expertise of the broker to help you choose the right policy.

The only downside to using a broker is that they will generally
charge you an additional fee for their service, but many business owners find this fee worthwhile due to the service and advice that they receive.

For business owners who are comfortable in researching and choosing their cover themselves, another option for obtaining quotes is to go online.

There are various websites which provide quotes for public liability insurance.
Some are owned by the insurance companies, whilst some are owned by independent groups.

Going ahead Once you have gathered all of your public liability quotes the next step is to proceed with the cover and get your business protected.
The good news is that however you get your quotes, the same method will be available to proceed with the insurance if you wish.

ACPG insurance professional consultant can help you through the application and proposal process, and many of the websites offering quotes also have online application systems available.

For more information or to obtain quotes on your public liability insurance please contact ACPG insurance professional consultant.

Domestic Appliance Installation Public Liability
Public Liability Insurance is an insurance policy where a tradesman can insure against any third party injury or any third party property damage that they may cause during the course of their work. Although this is not an insurance that is legally compulsory you will find that most companies are now insisting that this be in place before you can undertake any work for them, this could even result in them withholding any monies that you have earned until you show them the insurance schedule.

A Domestic Appliance Installer obviously has to go into homes and businesses alike to deal with their property and may come in to contact with their equipment and therefore they could either accidentally cause damage to the property they are going in to do the work for example if they were to knock anything over or if they were to accidentally damage any part of the building that they weren't actually doing the work on.

The second part of cover that you can get as a Domestic Appliance Installer is if whilst doing your job you was to injure any person around you, the most obvious way this can happen is if you leave any tools, leads or toolboxes lying around and someone was to trip over them, they would then hold you responsible for their injuries and this is where the insurance policy would step in and cover you.

There are three levels of cover that you can usually get with this type of insurance starting at one millions ringgit worth of cover and rising to either two million or five
million. Prices for working in non-hazardous areas generally will be around about reasonable and affordable insurance premium cost for the year, obviously if you were to get higher than the lowest level of cover then you would pay more for this. There are also rare occasions where you can get ten million ringgit of cover but usually that would have to be for specific job and there are only a few insurers that will cover it,

When you consider that if something was to go wrong then you could get left paying the costs of any incident where someone may hold you liable then the prices above don't seem so steep to pay once every year compared to a claim that you could get stuck with that could run in to thousands of ringgit depending on how serious the incident is.

Malaysia Insurance Tips

Malaysia Insurance Tips

Malaysia Construction and Engineering Insurance

Contractors' All Risks (CAR)

Contractors' All Risk insurance (CAR) is designed to provide coverage involving construction of buildings and other civil engineering works. It provides coverage against:

Loss or damage to the contract works caused by any unforeseen and sudden physical loss or damage from any cause, other than those specifically excluded.

Damage to third party property and/or bodily injury occurring in direct connection with the erection works.

Contractors' All Risk insurance (CAR)
policy is designed to provide protection against loss or damage in respect of the contract works at contract site and third party claims arising in connection with the construction of a project.

With additional premium, the cover may include Construction Plant and Equipment, Construction Machinery, Removal of Debris, Professional Fees and Principal’s Existing Property.

Duration Contractors' All Risk insurance (CAR) of cover corresponds with the contract period which is stipulated in the Letter of Award.

PRODUCT DISCLOSURE SHEET
CONTRACTOR’S ALL RISKS
(Please read this Product Disclosure Sheet before you decide to take out a Contractor’s All Risks Insurance Policy.
Be sure to also read the general terms and conditions stated in the policy).

1. What is this product about?

This policy provides All Risks coverage unless specifically
excluded under the policy for contractors to meet their insurance obligations under the contract conditions for projects awarded such as, construction of buildings, roads, railway lines, airports, tunnels, bridges, towers, dams, etc.
This policy covers the contract work to be executed in accordance with the contract, any temporary works, construction materials, construction plant and equipment used at the work site and any third party liability arising out of the performance of the contract.

2. What are the covers / benefits provided?

This policy has two sections, namely :
• Section I – Material Damage

It covers any unforeseen and sudden physical loss or damage from
any cause, other than those specifically excluded under the policy:

a) to the contract work executed

b) to the contractor’s plant, machinery and equipment used for the contract at work site

c) to Principal’s existing property

• Section II – Third Party Liability
It covers the contractor for all sums which he shall become legally liable to pay as damages consequent upon:

a) accidental bodily injury to or illness of third parties (whether fatal or not)

b) accidental loss of or damage to property belonging to third parties
occurring in direct connection with the construction of the items insured under Section I and happening on or in the immediate vicinity of
the work site during the period of cover.

Duration of cover corresponds with the contract period including maintenance period as stipulated in the Letter of Award.
You need to purchase a new insurance policy to cover each project undertaken.

3. How much premium do I have to pay?
The total premium that you have to pay may vary depending on the Contract Value, the scope of work of the
project to be executed, the risk exposure, the extensions to basic cover required and the underwriting
requirements of the company:

• Estimated Contract Value
• Rate Applicable _____________%
• Sum Insured for Extensions of cover
• Loadings Applicable to the Extensions _____________%
The estimated total premium that you have to pay is: RM___________

4. What are some of the key terms and conditions that I should be aware of?
Some of the key terms and conditions that you should be aware of are:

• Duty of disclosure - you must give all the facts in your application form fully and faithfully otherwise your policy may be void.

• Duty of Assured – you shall take all reasonable precautions and comply with all reasonable recommendations of the company to prevent loss, damage or liability and comply with statutory requirements and manufacturer’s recommendations.

• You must ensure that your sum insured stated in the Schedule are adequate:

a) Contract Works - full Value of the contract works at the completion of the construction inclusive of all materials, wages, freight, customs
duties, dues and materials or items supplied by the Principal.

b) Construction Plant and Equipment - the replacement value of construction plant and equipment, which shall mean the cost of replacement of the insured items by new items of the same kind and capacity.

• Any extension of the contract period may be considered subject to advance notification to the company in writing and submission of relevant documents.

• Underinsurance - if the sum insured stated in the Schedule is less than the amount required to be insured at the time of loss, you are deemed to be self-insuring for the difference. The average condition shall apply in event of a claim.

• Excess - is the amount of loss that you have to bear in event of a claim.

5. What are the major exclusions under this policy?

This policy does not cover certain losses, such as:
a) loss or damage due to faulty design

b) the cost of replacement, repair or rectification of defective material and/or workmanship

c) wear and tear, corrosion, oxidation, deterioration due to lack of use and normal atmospheric conditions

d) loss or damage to construction plant, equipment and construction machinery due to electrical or mechanical
breakdown, effective lubrication or lack of oil or coolant.

e) consequential loss of any kind or whatsoever including penalties, losses due to delay, lack of performance, loss of contract.

f) loss, damage or liability caused by or arising out of :
• war, riot, strike, civil commotion
• nuclear reaction, nuclear radiation or radioactive contamination
• willful act or willful negligence
• cessation of work whether total or partial
(Note : This list is non-exhaustive. Please refer to the policy contract for the full list of exclusions under this policy.)

6. Can I cancel my policy and how do I cancel it?
There is no cancellation provision under this policy.

7. What do I need to do if there are changes to my contact details?
It is important that you inform us of any changes to your contact details. This is to ensure that all the correspondence will reach you in a timely manner.

8. Where can I get further information?
Should you require additional information about our Contractor’s All Risks insurance or any other types of insurance products, you may contact ACPG directly at your convenience. Alternatively, you may visit our website at www.acpgconsultant.com.

Malaysia Business Insurance

Malaysia Public Liability Insurance

Wednesday, 14 November 2018

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