Bookmarks

Feedback Feedback

Inappropriate material?
Ideas? Technical issues?
» Feedback to a-n

AIR FAQs

AIR Public and Products Liability Insurance FAQs

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 Summary »
AIR PPL Insurance Policy Schedule »

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

Questions & answers

click to expand/collapse 

help & FAQs Who is covered by the policy?

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.

help & FAQs Does my AIR public liability insurance cover live performance?

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.

help & FAQs What kind of activity is covered?

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.

help & FAQs What type of incident is covered?

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.

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

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.

help & FAQs What is the limit that can be claimed under the policy?

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

help & FAQs Can I extend the limit?

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

help & FAQs Are any deductions made in the event of a claim?

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.

help & FAQs Are claims valid for incidents occurring outside of the UK?

Yes. The policy provides cover, in accordance with the law of the United Kingdom, for claims brought against you arising from an accident in any country where you are temporarily engaged in working as an artist, provided you normally carry on your activities as an artist in the UK.

help & FAQs Am I entitled to claim if I sustain more than one incident in a year?

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

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

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.

help & FAQs What are the principal exclusions?

The main exclusions are as follows; for further details, 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

help & FAQs How can I obtain cover for any of these exclusions?

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

help & FAQs How do I make a claim?

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.

help & FAQs What do I do if I already have Public liability cover?

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.

help & FAQs Do I have to pay more for this cover?

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

help & FAQs 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?

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.

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

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.

help & FAQs Am I covered if my AIR membership lapses?

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.

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

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.

help & FAQs What do I need to provide as proof that I am insured?

Some organisations for which you work, or from which you hire facilities, may require you to provide proof of your Public Liability Insurance. AIR members can download their insurance confirmation letter from Hencilla Canworth direct from www.a-n.co.uk/AIR

  • From the right hand tab click My account.
  • Scroll down and click My PPL insurance.
  • Click AIR members' PPL insurance confirmation letter to download your letter.

This will provide you with a personalised proof of insurance that is suitable in most cases. If additional evidence of cover is needed, please contact Hencilla Canworth.

help & FAQs Where can I get advice on insurance matters and quotations for additional insurances?

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

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

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).

help & FAQs Why does the insurance confirmation letter state that the policy expires before my AIR subscription does?

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. Hencilla Canworth are pleased to confirm the present position upon request. Please contact mike.mccormack@hencilla.co.uk

help & FAQs At what point does my Public and products liability insurance commence?

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.

help & FAQs How long does my Public and products liability insurance last?

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.

help & FAQs What happens if I cancel my a-n subscription+AIR membership?

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.

help & FAQs 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?

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.

help & FAQs Does my kind of practice make me eligible for AIR membership and PPL insurance cover?

AIR is open to all practising visual and applied artists. Practising artists tend to be carrying out activities such as seeking to exhibit or sell their work in galleries and fairs, seeking or accepting commissions, selling to collectors, undertaking artists' residencies and community projects and receiving artistic coverage through reviews, features and critical writing.

AIR doesn't formally 'vet' artists' applications, and expects prospective members to be honest and truthful when signing up for AIR membership and its associated services. Using the following definitions of "practising artist" if you can say 'yes' to at least 3 you would be considered eligible for AIR membership and all its professional benefits, including PPL insurance cover.

  • You hold a degree (or equivalent qualification) in a visual arts practice.
  • You've held at least one public exhibition, installation or live art performance (other than a degree show) in the recent period.
  • You have carried out on a paid-for basis at least one artist's residency or community project in the recent period.
  • You have sold art or craft work through a gallery, exhibition space or retail outlet in the recent period.
  • Your work has been reviewed, featured or profiled in an arts magazine or website or other relevant publication.
  • You are a current member of another professional body for artists such as Contemporary Glass Society, DACS, Royal Society of British Sculptors, etc.
  • Your work has been commissioned on paid-for basis on at least one occasion by a public or private client.
  • You have received at least one prize, grant, award or bursary in your capacity as a practising artist.
  • You have had at least one work purchased for a public or a private collection.

If you aren't able to affirm at least 3 from the above, you would not be eligible at this point for AIR membership nor its professional services including PPL insurance. AIR is committed to reviewing its membership processes and activities annually and will launch an Associate Membership option in due course. 

help & FAQs Is AIR planning to increase the Public and Products Liability insurance cover available to UK-based AIR members from £5m to £10m?

Last year a survey was conducted of arts organisations to check the level of Public Liability cover required from freelance artists. As this showed that the majority were not planning any increase, the level of cover provided free to UK-based AIR members remains at £5m. This level of cover will, however, be reviewed periodically.

help & FAQs An organisation I plan to work for requires £10m Public Liability cover. How can I get this?

You need to contact air@hencilla.co.uk to obtain a personal quotation for £10m cover. As insurance costs (like AIR membership) forms part of freelance overheads, you should recalculate your overheads to include this and adjust your charging rate accordingly.

help & FAQs I work as a face painter and carry out workshops for children in public places. Could this activity be interpreted as an 'exhibition' within the terms of eligibility for AIR membership and thus give me cover under the AIR Public and Products Liability scheme?

AIR membership is open to visual and applied artists who meet the AIR criteria stated within the 'Who can join AIR?' section of the Artist+AIR subscription page on our website. It is the artist's responsibility to determine whether the nature and scope of their artistic practice reflects the intention and spirit of these criteria. Visual and applied artists who are AIR members tend to hold exhibitions in galleries and exhibition spaces. Examples of these can be found by referring to the listings of exhibition opportunities on www.a-n.co.uk/jobs_and_opps.Neither AIR nor a-n whose services form part of the AIR membership package of benefits can give personal guidance on whether an artist is eligible or comment on whether their personal circumstances would make them eligible. There is a specific public liability insurance scheme for face painters see http://www.facepaintersinsurance.co.uk/ for details.

help & FAQs My main occupation is as a face painter. Until now, I have had AIR membership and thus access to AIR's Public and Products Insurance. However, my attention has been drawn to the criteria for eligibility for AIR membership that has been issued. Am I eligible for AIR and the PPL insurance cover?

AIR membership is open to visual and applied artists who meet the AIR criteria stated within the 'Who can join AIR?' section of the Artist+AIR subscription page on our website. It is the artist's responsibility to determine whether the nature and scope of their artistic practice reflects the intention and spirit of these criteria .Neither AIR nor a-n whose services form part of the AIR membership package of benefits can give personal guidance on whether an artist is eligible or comment on whether their personal circumstances would make them eligible. There is a specific public liability insurance scheme for face painters see http://www.facepaintersinsurance.co.uk/ for details.

help & FAQs I work as a face painter. Am I eligible for AIR membership and thus to access AIR members' Public and Products Liability insurance.

AIR membership is open to visual and applied artists who meet the AIR criteria stated within the 'Who can join AIR?' section of the Artist+AIR subscription page on our website. It is the artist's responsibility to determine whether the nature and scope of their artistic practice reflects the intention and spirit of these criteria .Neither AIR nor a-n whose services form part of the AIR membership package of benefits can give personal guidance on whether an artist is eligible or comment on whether their personal circumstances would make them eligible. There is a specific public liability insurance scheme for face painters see http://www.facepaintersinsurance.co.uk/ for details.

help & FAQs I have now realised that my kind of practice is not eligible for AIR membership and the associated PPL insurance cover. What should I do?

A refund on the remaining term of a 12-month a-n subscription + AIR membership will be provided on request to anyone who has joined AIR in error or whose practice is not eligible for membership or the professional services provided such as PPL insurance cover.

Contact subs@a-n.co.uk with 'Refund due to ineligibility' in the title with your AIR reference details and joining date. The AIR membership card and proof of PPL insurance should be destroyed. See Q Does my kind of practice make me eligible for AIR membership and PPL insurance cover? for definitions of eligibility. 

help & FAQs I live outside the UK. Am I eligible for the Public and Products Liability insurance?

Practising artists who live outside of the UK can sign up for AIR with their Artist + AIR subscription, but won't benefit from the Public and Products Liability insurance.

help & FAQs As part of our Open Studios event we would like to serve and charge for teas. Is this covered within the AIR Public and Products Liability insurance?

The serving of food and drink would be covered by the policy provided it was an ancillary activity to the principal activities covered by the policy, which in this case would be the display and sale of your art. The insurers would not wish to pick up the risks of a commercially run café, etc. The policy would also provide legal defence costs for any prosecution brought under Part 2 the Food Safety Act 1990. Note however if you are an artists' group, you may need to check whether the group itself requires its own insurance,as the AIR subscription only provides the above insurance to an individual subscribing artist.