Public and product liability insurance

Public and product liability, clearly understood.

Most businesses meet the public in some way: customers on premises, work done at other people’s sites, products sold or supplied. If someone is injured or their property is damaged, a claim can follow even where the business has taken care, and the cost of defending it can be significant.

A short review of your activities, contracts and leases is often enough to show whether your limit and wording still fit.

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The basics

What is public and product liability insurance?

Public liability is often called general liability. It protects a business when a third party makes a legal claim for injury or property damage connected with its activities or premises. Product liability protects a business when a product it manufactures, sells or supplies causes injury or damage.

Public liability

  • A visitor is injured on your premises or in a common area
  • Your work damages a client’s or a neighbour’s property
  • A third party is injured by your activities

Product liability

  • A product you sell or supply injures someone
  • Damage caused by a design or manufacturing defect
  • Claims about inadequate or misleading instructions

The two are commonly sold together, because the exposures often sit side by side.

Cover

What it covers.

If a covered claim is made, public and product liability insurance generally responds to:

  • Legal defence costs, which some policies pay in addition to the limit
  • Injury to a third party
  • Damage to third-party property
  • Compensation and settlements, up to your limit
  • Claims relating to product design, manufacture or instructions

Extensions worth asking about

  • Principal’s indemnity, which covers a head contractor for liability arising from your work
  • Tenants liability, which covers your landlord for liability arising from your occupation of the premises
  • Vicarious liability for the conduct of agents, contractors or employees
  • Care, custody and control cover for property temporarily in your control
  • Public relations costs after a covered claim
  • Contract review and panel lawyer services, where the insurer offers them

Cover is generally written on an occurrence basis, which means the policy that responds is the one in force when the injury or damage happened, even if the claim is made years later. Some insurers write public and products liability on a claims made and notified basis instead, so we check the basis of cover. For injury or damage that develops gradually, some wordings treat the occurrence as happening when it was first diagnosed or discovered.

Exclusions

What it does not cover.

Public and product liability does not generally cover:

  • Injury to your own employees, which is a matter for workers compensation
  • Financial loss from professional advice or services, which sits under professional indemnity
  • Property you own, and property in your care, custody or control unless an extension applies
  • The cost of redoing or correcting your own faulty work
  • Product recall, and claims that a product does not meet a warranty or guarantee
  • Motor vehicles, aircraft and watercraft
  • Dishonest, fraudulent or deliberately wrongful acts
  • Liability accepted under a contract beyond your duty at law
  • Asbestos and pollution, which are usually excluded
  • Cyber incidents, which belong under cyber insurance

Terms differ between insurers, so we read the wording with you.

Not sure what your policy covers or excludes? We will go through it with you.

Speak with an adviser

Who it suits

Which cover do you need?

A landlord needs public liability for a visitor injured in a common area. A retailer needs product liability if an item it sold fails and injures a customer. Many businesses face both, which is why the two are often combined.

Products is a wider term than manufactured goods. Many wordings include anything installed, repaired, serviced, imported or supplied, so trades and contractors often need product liability for injury or damage that happens after work is handed over.

Property is a core focus for Contega, and public liability for property owners and managers is a natural fit.

Getting it right

What to check in your cover.

These are the questions worth working through before each renewal.

  1. What limit do you need?

    Leases, contracts and venues often set a minimum limit, and some require a higher one. We start with what you are required to hold, then consider your real exposure.

  2. Where and what do you do?

    Premises, work on other sites, products supplied, exports and events can all change the risk and the cover that applies. Cover applies within the territory stated in the schedule, which matters for exports and work overseas.

  3. What have you agreed in your contracts?

    Indemnities you give to clients, principals or landlords can be broader than your insurance. We read them alongside the policy wording.

  4. Who works for you?

    Contractors and labour hire are not usually treated as employees, so cover for their conduct depends on the vicarious liability wording, and what they carry themselves matters.

Want a second opinion on your limit and wording?

Speak with an adviser

Our advice

How we can help.

We start by understanding where your business operates, what it supplies and what it has agreed with others. From there we recommend the cover and limit that fit, arrange the insurance you choose, and stay alongside you through renewals and claims.

Our approach

We make the process straightforward. You do not need to have everything ready.

  1. Observe

    We learn where you operate, what you supply and what you have agreed with others.

  2. Analyse

    We work through how a claim could arise, how large it could be and what your contracts require.

  3. Protect

    We recommend a way forward and arrange the cover you choose, with options and cost side by side.

  4. Stay alongside

    We stay close through renewals, changes in the business and, if it happens, a claim.

Talk to us

Let’s start with what matters.

Have a question about your liability cover, an upcoming renewal or a requirement in a lease or contract? Tell us what prompted the enquiry and we will work out the next step together.

Contact details

Sydney
Level 9, 32 York Street
Sydney NSW 2000
Melbourne
489–505 Toorak Road
Toorak VIC 3142

A Cohabit Group company

Contega is the commercial risk advisory business within the Cohabit Group, a risk intelligence company built around clearer data, better decisions and smarter insurance outcomes.

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