Understanding General Public & Products Liability Insurance
General Public & Products Liability Insurance is designed to cover your potential liabilities to third parties for personal injury or property damage.
This is what Public & Product Liability Insurance can help protect you from:
Discover more about General Public & Products Liability Insurance:
Policy Wording: General Public & Products Liability Insurance
The insurer’s ‘Policy Wording’ sets out the actual coverage terms, conditions, limitations and exclusions provided under the policy.
Please access these documents on the links provided and read them thoroughly in conjunction with your Policy Schedule and call us immediately if you require clarification on any issue.
Latest Policy Wording: General Public & Products Liability Insurance:
QBE General Public and Product Liability Insurance QM8341-1223 Policy Wording
- For online policies commencing or renewing effective on or after 1 October 2024.
- For offline policies commencing or renewing effective on or after 1 June 2024.
Previous Policy Wording: General Public & Products Liability Insurance:
QBE General Public and Product Liability Insurance QM8341-0922
- For online policies commencing or renewing between 1 March 2024 – 1 October 2024.
QBE Victor Insurance Broadform Liability QM6195-1120
- For online policies commencing or renewing before 1 March 2024.
- For offline policies commencing or renewing before 1 June 2024.
Difference in Conditions:
This endorsement issued attaches to and forms part of the Insured’s Public and Products Liability Policy with QBE Insurance Australia Limited for the current period of Insurance as per the Schedule (and shall not apply to any subsequent periods of Insurance unless agree by QBE).
Extent of Cover:
To the extent that under the insured’s previous public liability policy issued by QBE Insurance Australia Limited (the “previous policy”) where coverage existed which does not exist under this policy or was a broader coverage than the similar coverage which exists under this policy (the “difference in coverage”), QBE Insurance Australia Limited will pay the Insured the amount that represents the difference in coverage as if that coverage existed under this policy, subject to the conditions and limitations below.
Conditions and Limitations:
QBE Insurance Australia Limited only agrees for the difference in coverage conditions to be payable if:
1. The previous policy lapsed on the same date as this policy became effective; and;
2. QBE Insurance Australia Limited receives from the insured, prior to cover under this policy becoming effective, a complete copy of the previous policy including all relevant terms and conditions, endorsements, schedules and limits of indemnity; and
3. All exclusions apply as agreed upon renewal;
4. Any difference in coverage that may be payable under this policy is otherwise subject to the terms, conditions and limits of indemnity that applied under the previous policy.
Endorsements: General Public & Products Liability Insurance
The Endorsements amending Policy Wording achieve a broad cover for associations but the cover of certain risks may still be beyond the bounds of insurability for the insurer. This is why some exclusions are appear in the policy.
Again, these Endorsements to the base Policy Wording amend the cover to reflect the activities of a community group. The Endorsements are shown in detail below the quotes and cover explanations.
Refer to the Policy Wording for details on these exclusions.
Inclusions – These broaden the standard cover
These are Endorsements which tailor the standard wording to reflect the risks of most community groups and give a wider scope of operation to the base General Public & Products Liability policy.
Although certain risks are excluded in one policy it does not mean they can’t be covered either by an endorsement, which may result in a higher premium, or an alternative policy that is specific to cover that particular risk. Below is a list of exclusions in our General Public & Products Liability policy. However, please notify us if you require cover for any of these exclusions so we can amend the cover to include it or find a suitable alternative to cover the risk.
THE FOLLOWING ENDORSEMENTS AND EXCLUSIONS ATTACH TO, AND FORM PART OF THE QBE GENERAL PUBLIC AND PRODUCT LIABILITY INSURANCE POLICY WORDING QM8341-1223:
LCIS01 DEFINITIONS:
The following amendment is made to section ‘5. Definitions’ of the Policy:
5.21 You, Your, Insured (a) is deleted and replaced with the following:
(a) any director, executive officer, Employees, voluntary unpaid worker which includes committee members, office holders, and managers of You, while acting within the scope of their duties.
LCIS06 PARTICIPANTS IN SPORT, GAME OR AMUSEMENT EXCLUSION:
The following additional Exclusion is added to section ‘2. What you’re not covered for’ of the Policy: We don’t cover your liability for or arising out arising out of the participation of any person in any sport, game, or amusement involving bodily contact with persons, machines or devices.
LCIS08 AMUSEMENTS EXCLUSION:
The following additional Exclusion is added to section ‘2. What you’re not covered for’ of the Policy: We don’t cover any claims arising from, contributed by or in connection with: (a) animal rides; (b) amusement rides and/or devices of any description; (c) inflatable recreational equipment.
LCIS16 COUNCIL LIABILITY EXCLUSION:
The following additional Exclusion is added to section ‘2. What you’re not covered for’ of the Policy:
This Policy does not indemnify any council for their legal or vicarious liability from the use, operation or provision of any council facilities provided for hire, use or operation by others for any other business conducted by council in connection with such facilities.
LCIS31 FIREWORKS / PYROTECHNICS EXCLUSION:
The Insurer shall not be liable in respect of Personal Injury or Property Damage arising from or contributed to by the use, handling, transportation or storage of any fireworks or pyrotechnic or incendiary device. But this Exclusion does not apply to the Insured’s own liability for any act or omission of any contractor or subcontractor provided that prior to the Insured incurring liability such contractor or sub-contractor shall have produced evidence of public and products liability insurance covering such liability for a minimum limit of indemnity of $5,000,000.
LCIS32 TOTAL LISTED HUMAN DISEASE EXCLUSION
The following exclusion is added to the policy: We don’t cover your legal liability or any other benefit, cost or expense arising directly or indirectly out of, contributed to by, resulting from or in connection with any listed human disease determined under section 42 of the Biosecurity Act 2015 (Cth) or any Subsequent 32 Confidential The content of this document is confidential. It contains commercially sensitive material, which may disadvantage QBE if it is disclosed to its competitors. This document may not be given to any third party without the prior written consent of QBE. Legislation. For the purposes of this exclusion, ‘Subsequent Legislation’ means:
- an act or regulation as amended, replaced or re-enacted;
- where an act or regulation has been repealed, the current equivalent act or regulation (Commonwealth, State or Territory) with materially the same object or purpose whether in whole or in part.
LCIS33 PROPERTY IN CUSTODY OR CONTROL (AMENDED SUB LIMIT)
The following amendment is made to section ‘2. What you’re not covered for’ of the Policy: ‘2.17 (f). ‘Property in custody or control’ is deleted and replaced with the following: other property temporarily in your physical or legal control, but we won’t cover physical damage or destruction of any property you have been working on and our limit under this exclusion 2.17 (f) does not exceed $250,000 for any one Occurrence and in the aggregate for any one Policy Period.
Green Thumb Community Garden is a non-profit organisation that operates a community garden in a residential neighbourhood.
The garden provides a space for local residents to grow their own fruits, vegetables, and flowers, fostering a sense of community and promoting sustainable living.
Scenario:
One sunny afternoon, the garden hosts a public event called "Harvest Festival" to celebrate the bountiful harvest season. The event includes various activities such as gardening workshops, cooking demonstrations, and a farmers' market where gardeners can sell their produce.
During the festival, a visitor named Sarah slips on a wet patch of grass and injures her ankle. She requires medical attention and incurs medical expenses. Sarah believes that the organisation was negligent in maintaining the garden's pathways and seeks compensation for her injury.
In this scenario, Public & Products Liability Insurance would be crucial for Green Thumb Community Garden.
Here's how it can help:
- Legal costs: Public & Products Liability Insurance can cover the legal costs associated with defending against Sarah's claim. This includes hiring a lawyer, court fees, and other legal expenses.
- Compensation: If the organisation is found liable for Sarah's injury, Public Liability Insurance can provide financial compensation to Sarah for her medical expenses, loss of income, and any other damages awarded by the Court.
- Peace of mind: Having Public & Products Liability Insurance gives Green Thumb Community Garden peace of mind, knowing that they have financial protection in case of accidents or injuries that occur on their premises. This allows them to focus on their mission of promoting community engagement and sustainable gardening practices.
- Products: Additionally, if the organisation sells any homemade products, such as jams or preserves made from the garden's produce, Public & Products Liability Insurance would be essential.
- Harm of illness: This coverage would protect the organisation in case a consumer suffers harm or illness due to a defective or contaminated product.
Conclusion:
By having Public & Products Liability Insurance, Green Thumb Community Garden can continue to operate with confidence, knowing that they are protected against potential legal claims and financial losses. It demonstrates their commitment to the safety and well-being of their community members.
Remember, this case study is fictional and provided for illustrative purposes only.
The specific insurance needs of each organisation may vary, so it's important to consult with LCIS to determine the appropriate coverage for your specific situation.
Testimonials: Discover why passionate people from community groups like yours rely on us for insurance and risk management advice.
“I approached LCIS because we wanted to run a professional development seminar about insurance for our member.
An LCIS Account Executive, presented an informative and well communicated talk to our community. The attendees were able to ask questions and discuss individual queries with LCIS, equipping themselves with the knowledge to run their businesses successfully. It was also a great opportunity for us to meet face-to-face with LCIS to strengthen the relationship and discuss further development of our customised insurance package.
We really value LCIS’s understanding of our community, the skilled management of our insurance package and the responsiveness they provide to our member’s needs. Anecdotal feedback from participants was strongly positive and they valued the time spent explaining insurance and addressing their specific concerns.
Personally I found the experience professional, friendly and invaluably informative. I would recommend LCIS to community organisations who need to provide insurance for their members, especially makers.”
-Merryn, Office Coordinator at Craft Victoria
General Public & Products Liability
Meet Jake, it’s his responsibility to find the right cover for his community group. Understanding why General Public & Products Liability policy provides the right level of cover has helped Jake escape his Insurance nightmare.
General Public and Products Liability Insurance FAQs
Our frequently asked questions about General Public and Products Liability Insurance.
Please note that these FAQs are of a general nature, and the specific terms and conditions of your Insurance policy will apply to any claims.
It is always recommended to refer to the Policy Wording and consult with LCIS staff for detailed information about coverage and any specific questions you may have.
Yes, it is highly recommended to have both Public Liability and Products Liability cover under the same insurance policy.
Some Insurance providers only offer 'Public Liability', which means you are not covered for the products you sell. This is important because if your products injure someone, cause someone to become ill, or damage property you could be found liable, but without the 'Product Liability' component in the policy you do not have any cover for this risk.
For instance, let's say you organise a sausage sizzle fundraiser and the sausages you sell to the public are not stored or cooked properly resulting in serious illness to those who consume them. If you have both 'Public & Products Liability' coverage, your Insurance policy would respond to cover any resulting claims. However, if you only have 'Public Liability' coverage without the 'Products Liability' section, your policy would most likely not provide coverage in this situation.
The Insurance we arrange can include the following additional policy benefits:
- Property of others whilst in the physical or legal control of your organisation (Limit $250,000)
- Voluntary workers are included under the definition of Insured, providing coverage for their activities when acting on your behalf in an official capacity.
- Cross Liability coverage, which ensures that each Insured party is treated separately in the event of a claim, however this benefit does not increase the overall limit of liability provided under the policy.
- Professional Liability coverage for medical persons employed to provide first aid or other medical services on premises (providing you are not in the business of providing medical services), as well as for professional advice or services relating to the group’s activities where no fee is charged.
- Coverage for the organising of small community events with up to 500 people. However, it is important to notify us of the event details, as some exclusions may apply, to ensure adequate coverage.
These additional policy benefits enhance the coverage provided by our Insurance policy, offering broader protection for your organisation and its activities.
General Public and Products Liability Insurance may covers various types of claims, some examples include:
- A tent comes loose in windy conditions and hits someone’s car because the tent was not properly secured.
- A person slips on a wet surface because you have not made it safe for people to walk on it and/or have a sign warning surface is slippery.
- If the sausages you sell at your sausage sizzle fundraiser cause multiple people to become seriously ill.
- Where you have mismanaged the facility or premises making the venue unsafe or not fit for the activity and as a result a person playing is injured, however the policy does not cover the normal risks inherent in playing the game. However, it does cover incidents where your organisation has mismanaged the premises/sporting surface.
- People injured in the normal course of playing a sport, however it does cover incidents where your organisation has mis-managed the premises. For example, if a cricket pitch has not been covered with enough sand and a footballer injures their knee by hitting the pitch during a game.
- Personal Accident for your volunteers. The Voluntary Workers Insurance policy we arrange will likely cover this.
- Claims for financial damages made against your organisation by a third party. You may require Association Liability policy to cover these circumstances.
This policy provides cover for the Insured named on the policy only. The policy does not cover the legal liabilities of any other group, business, committee or individual who is not part of the named Insured organisation. Related organisational groups can be added to a policy as sub-groups or sub-committees and the tests applied to determine they are related would be :
- The sub-group(s) or sub-committee(s) not separately incorporated.
- They do not have their own independent bank account. There can be a bank account set up by the umbrella body on behalf of the sub-group.
- A member of the parent group management committee is on sub-group or sub-committee and sub-group or sub-committee reports into the parent group management committee for governance.
Sub-group(s) or sub-committee(s) share similar interests/activities.
- If the related organisations meet each of these then they can be noted on the policy schedule as covered. An additional assessed base premium plus taxes and statutory charges may be charged for each related group.
If the related organisations meet each of these then they can be noted on the Policy Schedule as covered. An additional assessed base premium plus taxes and statutory charges may be charged for each related group.
Stallholders should have both Public Liability and Products Liability under the same Insurance policy for comprehensive coverage and protection against a wide range of risks and liabilities. Public Liability Insurance covers claims for bodily injury or property damage caused to third parties due to the stallholder's negligence. Products Liability Insurance covers claims arising from injuries or damages caused by products sold or supplied by the stallholder. Without Products Liability coverage, stallholders are not protected if their products cause harm or damage.
It is important to note that LCIS may have specific exclusions for certain products or services, and they may not provide coverage for commercial businesses. Event organisers or venue owners may require stallholders to have both coverages as a condition of participation, and having them under one policy can help meet compliance requirements.
No. This policy does not cover claims arising from the use of knives, swords (including theatrical knives and swords), or any activity involving the use of fire by buskers.
The amount of coverage needed depends on the specific activities and risks associated with the organisation. It is important to assess the potential risks and consult with an Insurance professional to determine the appropriate level of coverage.
Limit of Liability is the total dollar value your policy will cover you for. Most lease/hire agreements for premises or facilities will require an Insurance policy limit of at least $10m. However, where you have a crowd exposure the risk is increased from a single incident to one that would cause injury to many people, which means you should consider a higher cover limit of at least $20m.
The bigger the event the greater the risk that $10m cover may not be enough. By opting for a $20m cover you are in effect doubling your protection for less than double increase in total premium cost (inclusive of all fees and charges).
Crowd exposures refer to situations where a large number of people gather together, creating potential risks and liabilities for an organisation. Some examples of crowd exposures include:
- Providing food at either a community dinner, via a stall at a community event, a fundraising BBQ or night market
- Where you organise a community focussed event or family event (such as a birthday, engagement, wedding or reunion)
Crowd exposures are important to consider in General Public and Products Liability Insurance because they involve a higher likelihood of accidents, injuries, property damage, or other incidents due to the large number of people involved. Having appropriate coverage helps protect organisations from potential financial liabilities arising from these crowd-related risks.
Yes.
General Public and Products Liability Insurance can be customised to fit the needs of a specific organisation. We can work with you to tailor the coverage to address their unique risks and requirements.
An excess in General Public and Products Liability Insurance is the amount of money that the Insured organisation is responsible for paying towards a claim before the Insurance coverage kicks in. It is a way to share the financial risk between the Insured organisation and the Insurance provider.
General Public & Products Liability Insurance primarily focuses on physical injuries and property damage. Reputational damage is not a physical injury nor is it property damage.
