AIR

Answers to some frequently asked questions about the AIR public and products liability insurance and policy.

AIR members’ Public and Products Liability Insurance FAQs

These answers to FAQs (Frequently Asked Questions) are designed to address queries AIR members may have about the AIR Public and Products Liability insurance, an integral benefit for UK-based AIR members from 1 November 2007.

The full details of the AIR Public and Products Liability Insurance scheme are in:
AIR PPL Insurance

Additional queries on this scheme including new quotations for additional cover should be directed straight to:

Hencilla Canworth Limited
Simpson House, 6 Cherry Orchard Road, Croydon, CR9 5BB
+ 44 (0) 20 8686 5050
F +44 (0) 20 8686 5559
air@hencilla.co.uk
www.hencilla.co.uk

» Who is covered by the policy?

» What kind of activity is covered?

» What type of incident is covered?

» I see the policy also covers ‘products liability’. What does this mean?

» What is the limit that can be claimed under the policy?

» Can I extend the limit?

» Are any deductions made in the event of a claim?

» Are claims valid for incidents occurring outside of the UK?

» Am I entitled to claim if I sustain more than one incident in a year?

» If I am organising a project in which other artists or arts professionals are involved, do I need to purchase additional cover?

» What are the principal exclusions?

» How can I obtain cover for any of these exclusions?

» How do I make a claim?

» What do I do if I already have Public liability cover?

» Do I have to pay more for this cover?

» I work as an arts project manager part of the time alongside carrying out my practice as an artist. Does this insurance cover my project management work?

» I work as a languages tutor alongside carrying out my practice as an artist. Does this insurance cover this other work?

» Am I covered if my AIR membership lapses?

» What do I need to provide as proof that I am insured?

» Where can I get advice on insurance matters and quotations for additional insurances?

» In terms of eligibility for the AIR Public and products liability insurance, what is meant by ‘UK- based artist’ – how do you define this?

» At what point does my Public and products liability insurance commence?

» How long does my Public and products liability insurance last?

» What happens if I cancel my a-n subscription+AIR membership?

» Q My painting fell off the wall whilst in an exhibition. Can I claim for the damage to it against my Public and products liability insurance cover?

Q Who is covered by the policy?

A Any UK-based individual visual and applied artist who is signed up to AIR as an integral part of the a-n Artist subscription and whose AIR subscription is current.

Artists working through a Limited Company are not covered by the scheme; however the Scheme brokers, Hencilla Canworth, can arrange a quotation for cover in this situation.

Q What kind of activity is covered?

A The policy is very broad and covers the making, designing, creating, preparing, installing, exhibiting and display of any works of visual or applied art. This will include display in your studio or other premises as well as at open studios and similar events, inside or outdoors. It also covers the lecturing, teaching or demonstrating of visual or applied art including workshops, residencies and community projects.

‘Visual or applied art’ includes (but is not limited to) painting, drawing, printmaking, photography, digital or time-based media, sculpture, ceramics, community arts, glassmaking, textiles, jewellery, mixed media, interactive arts, crafts, live art and physical performances.

Q What type of incident is covered?

A This policy protects you against your legal liability to pay compensation to third parties for accidental injury to any person or accidental loss or damage to third party property arising solely from your activities as an artist (‘Public Liability’ cover)

The cover includes liability to any other visual or applied artist working with the insured, provided they are not employed by you or working under your supervision or control.

It also includes cover for any company or organisation for whom you may be working under a (self-employed) contract to provide services (described in the Policy as a ‘contract principal’), such as a commissioner or local authority, for any claim made against them arising out of your activities as an artist, provided that the claim would have been covered had it made against you directly.

Q I see the policy also covers ‘products liability’. What does this mean?

A The policy also covers you against any legal liability you may have as a result of an artwork or other property that you have made causing injury to someone or damage to property, once it leaves your custody or control. However this will not cover repairing costs or costs of recall.

Q What is the limit that can be claimed under the policy?

A The limit of indemnity provided is £5 million any one claim (any one 12 month period in respect of products liability).

Q Can I extend the limit?

A AIR members can contact Hencilla Canworth to receive a quotation for increasing the limit of indemnity to £10 million

Q Are any deductions made in the event of a claim?

A You will be responsible for paying the first £250, but only in the case of any claim for damage to third-party property arising from work you undertake away from your own premises.

Q Are claims valid for incidents occurring outside of the UK?

A Yes. Policy cover includes any country other than the USA or Canada where you are temporarily engaged in working as an artist, provided you normally carry on your activities as an artist in the UK.

Q Am I entitled to claim if I sustain more than one incident in a year?

A Yes. The number of claims payable in any single policy year is unlimited (subject to the monetary limit of £5 million, see above)

Q If I am organising a project in which other artists or arts professionals are involved, do I need to purchase additional cover?

A You may require employers’ liability cover if you are using others to help you, even where those who are involved are self-employed, freelance or unpaid volunteers. Please contact Hencilla Canworth for advice and / or a quotation if required.

Q What are the principal exclusions?

A The main exclusions are as follows; for further detail, see AIR Members' Public and Products Liability Insurance Summary
• Bodily injury to any person employed by you, whether they are paid or unpaid
• Any use of applied heat, fire or pyrotechnics on third party premises other than the use of pottery ovens or kilns, flash paper, flash cotton or flash string
• Any activity undertaken more than 10 metres above ground or floor level
• Any liability arising out of the creation and installation of public artworks after the point of handover of the work to the commissioner
• Work undertaken at certain ‘Hazardous Premises’ such as power stations or airside at airports.
• Risks that require more specific insurance ie use of motor vehicles, watercrafts, aircrafts etc
• Damage to property in your custody or control
• Costs of repair, recall or replacement of defective products
• Liability for breach of professional duty or inadequate advice

Q How can I obtain cover for any of these exclusions?

A If you think any exclusions apply but you still want cover, you should contact Hencilla Canworth for a quotation.

Q How do I make a claim?

A In the unfortunate event that you need to make a claim, please contact Hencilla Canworth as soon as possible, at:

Simpson House, 6 Cherry Orchard Road, Croydon, Surrey CR9 5BB 0 20 8686 5050, F 020 8686 5559 air@hencilla.co.uk

You should do this as soon as possible since late notification can prejudice your insurers ability to defend the claim and lead to the claim being rejected.

All correspondence received from a third party (or the representatives of a third party) regarding any potential claim should be forwarded, unanswered, to Hencilla Canworth immediately.

Q What do I do if I already have Public liability cover?

A You should carefully check the terms and conditions of the AIR members’ policy to ensure that it provides adequate cover for all of your business activities; if in doubt speak to your existing insurance adviser or Hencilla Canworth.

Speak to your existing insurance advisor to find out whether you are able to cancel your policy early and obtain a refund of any unused premiums.

If you are unable to cancel your existing policy then you will have dual insurance in place until the renewal date of your current policy. In this instance, in the event that you have to make a claim you may do so under either of the policies although you will have to disclose the existence of the other policy when doing so.

Q Do I have to pay more for this cover?

A No, your annual UK AIR subscription will automatically include the Public and Products liability insurance cover. The UK AIR subscription increased on 1 November 2007 to £36 to take into account annual cost-of living and overheads increases, however a ‘green’ subscription option is now available for only £28.

See www.a-n.co.uk/subscribe for details

Q I work as an arts project manager part of the time alongside carrying out my practice as an artist. Does this insurance cover my project management work?

A No, this policy provides cover for your activities as an artist only. A separate policy may be required to cover any other activities that you undertake. Please contact Hencilla Canworth for advice and / or quotation.

Q I work as a languages tutor alongside carrying out my practice as an artist. Does this insurance cover this other work?

A No, this policy provides cover for your activities as an artist only. A separate policy may be required to cover any other activities that you undertake. Please contact Hencilla Canworth for advice and / or quotation.

Q Am I covered if my AIR membership lapses?

A No. You will only be covered for any incidents that occur while you are a paid-up member. Therefore it is important that you renew your AIR membership promptly when it expires annually. We will issue reminders in good time.

Q What do I need to provide as proof that I am insured?

A Some organisations for which you work, or from which you hire facilities, may require you to provide proof of your Public Liability Insurance. The AIR members insurance confirmation letter from Hencilla Canworth that is downloadable from www.a-n.co.uk/AIR, along with your AIR membership card should suffice in most cases.

If additional evidence of cover is needed, please contact Hencilla Canworth.

Q I am a multi-media artist combining visual arts with some acting and music making. Am I covered by the new AIR insurance?

A No, this policy provides cover for your activities as an artist only. A separate policy may be required to cover any other activities that you undertake. Please contact Hencilla Canworth for advice and / or quotation.

Q Where can I get advice on insurance matters and quotations for additional insurances?

A In addition to answering any questions about the Scheme, Hencilla Canworth is able to offer advice on a wide range of insurance products. Their contact details are:

Hencilla Canworth Limited
Simpson House, 6 Cherry Orchard Road , Croydon CR9 5BB
020 8686 5050
F:020 8686 5559
air@hencilla.co.uk
www.hencilla.co.uk

Q In terms of eligibility for the AIR Public and products liability insurance, what is meant by ‘UK- based artist’ – how do you define this?

A The policy states that you are covered in respect of any insured activity “at or from premises in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man”. This means that you are covered by the policy if your normal place of work (studio, workshop, etc) is an address in these territories, even if you are not a UK national or your work takes you temporarily outside of the country (with the exception of work undertaken in the United States of America or Canada).

Q At what point does my Public and products liability insurance commence?

A Your insurance cover commences as soon as your a-n+AIR membership is recorded on our database. If you subscribe online, this is as soon as your payment transaction to our credit card agent has been successfully completed. If you subscribe over the telephone or by post, your cover commences when we have processed your subscription.

Q How long does my Public and products liability insurance last?

A Your Public and products insurance lasts for as long as you continue to be an a-n+AIR member. The current expiry date is shown on your membership card, sent to you with your Welcome pack. You will only be covered for any incidents that occur while you are a paid-up member. To ensure continuous cover, it is advisable to renew your subscription and AIR membership promptly. a-n will issue reminders in good time. The Public and products liability policy taken out by a-n on behalf of AIR members carries an annual renewal date on the 1 November each year. The intention is that the policy will be renewed annually. In the unlikely event that the decision was taken not to renew the policy, or if there are to be any amendments to the terms and conditions of the policy, this will be communicated direct to AIR members in good time.

Q What happens if I cancel my a-n subscription+AIR membership?

A When you cancel your a-n subscription+AIR membership all access to services and benefits and AIR Public and products liability insurance cover ceases immediately. You are only covered for any incidents that occur while you are a paid-up member.

Q My painting fell off the wall whilst in an exhibition. Can I claim for the damage to it against my Public and products liability insurance cover?

A No. Public and products liability insurance covers you against any legal liability you may have as a result of an artwork or other property that you have made causing injury to someone or damage to property. It does not cover damage that occurs to the artwork itself. Cover for such damage would require an additional insurance policy that can be obtained from Hencilla Canworth.

First published: a-n.co.uk October 2009