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In the first of three articles
looking at the main types of insurance that practitioners
should seek, Lesley Owen and Martin Bell look
at practice contents insurance and employer liability
for opticians
Optical practices that do not stock designer
frames and sunglasses are an increasingly rare
breed. The value of these goods sets opticians
apart from their counterparts in dental or general
practice, with highly desirable, clearly displayed
products representing a significant additional
hazard. This has led to an increasing number of
practices suffering uninvited visits from the
criminal fraternity.
Thieves go to elaborate lengths to steal what
are highly portable, high value items and which,
certainly in the case of sunglasses, can be readily
re-sold. The average cost of a break-in approaches
£10,000. This high cost is due in part to
the loss of stock but is added to by the repair
costs to the premises and the display units arising
from the theft.
Experienced criminals know that even with the
protection of a 'Red Care' alarm system, which
communicates directly to a security company's
central station, a typical police response time
is likely to be more than long enough for the
thief to gain entry, remove target stock and cause
considerable damage in the process. The intruder
will always seek to identify a weak point in the
security - a poorly protected side window or door,
for example. With good physical security such
as bars, shutters and metal skin doors, a thief
may be deterred and move on to an easier target.
In the major cities we have been shocked by the
audacity of some thieves, including those who
break in through a shop front, despite it being
early evening on one of the city's busiest roads.
Preventing entry is therefore the key. How often
do we hear bells ringing and assume it to be a
false alarm or that somebody else will have already
notified the police?
Extent of Cover
Many insurers do not distinguish between practices
that do and do not supply, designer eyewear, and
set a single standard of security for the profession.
The term 'practice contents' insurance is a
bit of a misnomer since the cover provided by
insurance companies is significantly wider than
simply contents. In addition, policies usually
cover any lost revenue and profit incurred.
Consider a burst pipe in a flat above a practice
outlet which affects the consulting room equipment
and as a result sight tests cannot be carried
out until the equipment is repaired or replaced.
This may take several weeks and consequently the
practice loses business.
It is strongly recommended that your cover is
extended to include the loss of vouchers for sight
test fees and so on. A practice may send batches
of vouchers for payment and loss in transit may
mean lost revenue of several thousand pounds.
A loss of this nature is not automatically covered
in standard policies. You should consider asking
your existing insurer to clarify the extent of
cover and extend it if necessaiy.
Practice contents policies usually also provide
employer and public/product liability cover. The
former is compulsory in the UK and the latter
strongly recommended. This cover will meet the
legal costs of
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investigating and defending allegations arising
from injury to staff or members of the public
in the workplace and any resulting offer of compensation.
Cover applies to all employees whether they
are full or part-time, including potential liability
for injury to a locum while on the premises. An
employer has a legal duty to provide a safe place
and system of work, to assess the hazards associated
with working practices and to implement alternative
working practices or protection as necessary.
It will come as no surprise to learn that the
'no win, no fee' litigation culture which has
developed over recent years is fuelling disputes
of all types. Practices that may have traded for
many years without incident are now finding themselves
the recipient of legal correspondence for the
very first time. Similar risks exist for doctors
and dentists, but fortunately all are perceived
by insurers to be classified as low risk.
All companies in the chain of supply have a potential
liability arising from injury or damage caused
by products supplied. In the majority of cases
the action can be passed back to the manufacturer
but not in all. Practices which incorporate a
laboratory should have product liability cover
as a manufacturer as well as a retailer.
The practice contents policy will not protect
against malpractice and specialist cover should
be arranged to cover the 'treatment risk'. This
will be considered in a separate article.
Domiciliary care work in hospitals and nursing
homes brings with it the need to extend cover
to equipment such as the tonometer and the ophthalmoscope
anywhere in the UK. Look carefully at the small
print of your policy for restrictive conditions.
Data Protection
Last, but by no means least, is cover for the
reinstatement costs of data following loss or
damage. Having helped a number of clients through
the painful experience of managing their business
following loss of data, the authors can testify
to the paramount need to reinstate records quickly.
Back-up disks should be removed from the premises
to avoid the need to manually piece together and
reinstate information. Loss of data can arise
due to fire, theft, accidental erasure and in
a variety of other ways.
The business interruption section of the policy
provides much of the cover but not the costs of
reproducing and reinstating data due to accidental
or malicious erasure. Specialist cover is available.
Consider your own procedures to identify if cover
is needed.
In many ways the optometry practice represents
a very similar risk profile to a dentist's or
doctor's practice. However, when designer frames
and sunglasses are stocked the profile is altered
significantly and the potential for loss or damage
greatly increased.
Lesley Owen and Martin Bell are brokers for
UK Special Risks.
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