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Sarah Clements

Who is Responsible for Building Insurance on Commercial Property?
Who is Responsible for Building Insurance on Commercial Property? 800 533 James Hallam

Buildings insurance is vital for all businesses. If your business premises are not insured, then you may struggle to operate following fires, floods, and other incidents.

Yet who is responsible for arranging and paying for building insurance on commercial properties?

Whether you are a business owner, a leaseholder, or a freeholder, it can be confusing to determine your exact responsibilities when it comes to building insurance. So, in this post, we will answer some of the key questions that you might have regarding building insurance on commercial properties.

Who is responsible for arranging building insurance on commercial properties?

Apart from a few exceptions, the responsibility for arranging building insurance falls upon whomever legally owns the commercial property. If you are an owner-occupier, meaning your business owns your premises outright, then you will be responsible for arranging your building insurance, and paying for it, alongside the rest of your business insurance.

Who is responsible for building insurance if you rent your business premises?

What if your business is just one of a number of businesses to rent space in the same building? In this case, more often than not, the building’s owner, freeholder, or landlord will be responsible for ensuring there is adequate building insurance in place to cover their occupants against all possible risks.

In some instances, the terms of the lease may stipulate that the head lessee is responsible for arranging building insurance, rather than the freeholder, subject to the freeholder’s interest being noted on the policy.

Who is responsible for paying for building insurance on commercial properties?

The property owner, freeholder, or landlord will not necessarily pay for the insurance they arrange. They may instead choose to pass on the cost of cover to their tenants as part of their commercial lease agreement.

So, if you are a business owner renting your premises, you may still have to pay for buildings insurance, even if you are not responsible for arranging it yourself.

If you are the sole business occupying the premises, then you will pay for all of the cover. But if you are one of several businesses occupying the premises, then you will likely only pay for a proportion of the cover.

What does commercial building insurance cover?

In a commercial property, building insurance will cover the property’s internal and external structure, including all windows, doors, plumbing, electricals, stairwells, and so on. Typically, the insurance will provide cover for property damage – for any necessary repairs following fire, flood, subsistence, break-ins, and so on.

The commercial property insurance will typically not cover the building’s contents. So, if you are leasing office or warehouse space in a commercial property, you will almost certainly have to arrange for your own separate contents insurance policy, to cover your stock and equipment.

You will also have to arrange for certain additional forms of business insurance. This might include business interruption insurance, employer’s liability insurance, cyber insurance, and whatever else is necessary to cover your business for the various risks you face while conducting business.

How does commercial property insurance work when making a claim?

Consider the following example: There is a fire at the commercial property where your business is based. It causes significant damage, so it becomes necessary to make an insurance claim.

Whomever legally owns the building, whether this is an owner-occupier, or a third party landlord or freeholder, will be responsible for making a claim on the building insurance policy. This will cover the necessary repairs for any damage to the building’s structure, or its permanent fixtures and fittings.

Yet any businesses based in the building will have to make separate claims on their own policies to get the cover they need for destroyed or damaged stock or equipment, for business interruption, for loss of income, for temporary relocation, and so on.

This is why it is important that everyone involved in a commercial property leasing agreement fully understands their responsibilities in regard to insurance, and the steps they will need to take in the event of a claim.

Insurance claims in commercial properties can get complicated. But with good communication between tenants, freeholders, leaseholders, insurers, loss adjusters, and whomever else is involved in the claim, the process can proceed as smoothly as possible.

Have you got the right cover for your business or commercial property?

Whether you are a landlord, a leaseholder, a freeholder, or an owner-operator, we can help you make sure you have the right cover in place for your commercial property. As well as advising on your buildings insurance, we can also advise on the additional cover you might need to ensure you meet you are fully compliant and fully protected.

Find out more about our Real Estate Insurance and get in touch for a free quote today.

What Property Developers Need to Know About ESG in Real Estate
What Property Developers Need to Know About ESG in Real Estate 800 519 James Hallam

Growing numbers of property developers are starting to understand the importance of ESG in real estate.

In this post, we will explore what ESG means for real estate, while outlining some steps property developers can take to improve their practices.

What is ESG?

ESG stands for “environmental, social, and governance”. Think of ESG as a framework for conducting business as ethically and sustainably as possible. If a business commits to ESG, it means they are committing to adopting best practice in each of these three pillars:

  • Environmental – Taking stock of your businesses carbon footprint, and taking steps to increase energy efficiency and reduce waste.
  • Social – A focus on the human impact of your operations. This means looking after your people, and for anyone who interacts with your business, whether they are customers or other members of the public.
  • Governance – Assessing how your business is run internally, with a focus on factors such as regulatory compliance, executive pay, tax, financing, and more.

Why ESG matters for real estate

The environmental pillar should be of particular concern for property developers. According to UKGBC, the real estate industry contributes to 42% of the UK’s total carbon emissions. Plus, a recent report found that 70% of UK commercial real estate stock falls below EPC rating B, and over 50% of UK homes fall below EPC rating C.

The government’s energy efficiency bill has set certain targets regarding EPC ratings. By as early as 2030, properties will need to meet certain minimum energy efficiency standards before they can be legally listed or sold on the real estate market.

This creates a pressing business case for property developers to commit to ESG. With such stringent regulations in place, the future of the UK real estate industry depends on it.

How to improve your ESG as a property developer

ESG is not a box-ticking exercise, and it is not the sort of thing you can do once and then forget about. It will require an ongoing commitment to achieving best practice in each of the three pillars.

In this post, we have focused on the environmental pillar of ESG. This is because the looming deadlines for minimum energy efficiency standards likely mean that most property developers will be particularly concerned about working towards economic sustainability.

It will not be easy. One study estimated that upgrading the UK rental housing stock to meet the minimum efficiency standards could cost around £18 billion. The cost of upgrading commercial stock could be even higher.

How to begin your ESG journey to best practice

There are a number of ways property developers could work to achieve best practice in ESG:

  • Do not underestimate the importance of “quick wins”. Investing in advanced heat pumps for your entire property portfolio may be prohibitively expensive. But choosing energy-efficient lighting is not.
  • Conduct an audit of your own internal operations. Identify any key areas of improvement, and make them the foundation of a new set of policies and procedures focused on ESG.
  • Learn how to measure your performance on each of the ESG pillars. Invest in training wherever necessary to ensure that individuals across your business understand the part they need to play in reaching your goals.

Work with other organisations that share your commitment to ESG

James Hallam is an independent Lloyd’s broker with access to a hand-picked selection of A-rated insurance providers. We share your commitment to ESG, and we will support you in any way we can to help you achieve best practices across your property development business.

For example, running thorough risk assessments, and ensuring you have adequate insurance cover in place to protect your assets, is a core component of the governance pillar of ESG. We specialise in helping real estate businesses meet all of their insurance needs at the best possible price.

Get in touch to find out how we can help you.

Do Hotels Need Cyber Insurance?
Do Hotels Need Cyber Insurance? 800 564 James Hallam

If you run a hotel, then you know you need to get certain forms of insurance to cover your establishment against risks such as fire, flood, and theft. But does your hotel need cyber insurance? Is your hotel really so vulnerable to cybercrime that you need specialist insurance to cover you against the risks?

Short answer: Yes. Your hotel absolutely does need cyber insurance. In this post we will explain why.

What are the cyber security threats for hotels?

Phishing attacks

A phishing attack involves sending a message, usually via email, which appears to come from a trusted source, such as a manager, a colleague, a bank, or an online retailer. These fake messages can trick employees into providing sensitive information, such as login details. This can give cybercriminals access to your system, which can leave you vulnerable to other types of cyber-attacks.

Ransomware attacks

With a ransomware attack, cybercriminals can encrypt your files remotely. You will be unable to access your online system until you pay a ransom. If you fail to make this ransom payment, the cybercriminals might simply delete your data, or they might choose to sell it to other cybercriminals. This will put you and your guests at significant risk of further financial exploitation.

Data breaches

If cybercriminals gain access to your system, they may simply choose to steal your data outright. This could result in significant financial and reputational losses for your hotel, while leaving your guests vulnerable to identity theft and financial exploitation.

Why do cybercriminals target hotels?

There are a few reasons why cybercriminals might choose to target hotels.

Your hotel is unlikely to have sophisticated cybersecurity measures in place, and it is unlikely that you have trained your staff to recognise the risks of phishing emails, and other forms of attack. This means that it would be easier for cybercriminals to access your system. It also means that you will not be able to adequately respond to a cyberattack.

Also, hotels tend to store a lot of sensitive data on their systems, including guests’ personal details, and even their credit card numbers. This sort of data can be immensely valuable for cybercriminals.

Finally, hotels tend to offer cybercriminals multiple points of attack. From your online booking systems to the devices you use to check in your guests, cybercriminals will have a choice of vulnerabilities to test and exploit so as to gain entry to your system.

How can cyber insurance protect your hotel?

Investing in staff training and cybersecurity can protect your business from cybercrime. But while such investments offer strong prevention, cyber insurance provides a reliable cure.

In the event of a cyberattack, cyber insurance can provide cover for customer data loss, for system breaches, and for any legal fees you might face following the incident. In this way, cyber insurance is crucial for helping your business and your guests recover from the devastating effects of a data breach.

At James Hallam, we can provide you with comprehensive cyber insurance cover as part of a wider travel and tourism insurance package.

Find out more about our cyber insurance for businesses as well as our comprehensive insurance policies for travel agents and tour operators.

For more information, call us on 0330 024 0755 or email enterprisenb@JamesHallam.co.uk.

Commercial Combined vs. Separate Insurance Policies: Which is Best For Your Business?
Commercial Combined vs. Separate Insurance Policies: Which is Best For Your Business? 800 534 James Hallam

If you run a business of any size, then you will need adequate business insurance to cover you for the various risks you will face.

When it comes to business insurance, you have a choice. You can either get separate insurance policies to cover you for each individual risk you face, or you can get commercial combined insurance to cover you for a range of risks with a single policy.

In this post we will outline the pros and cons of commercial combined insurance, to help you decide which approach is best for your business.

What is a Commercial Combined Insurance policy?

In short, a commercial combined insurance policy will give your business various different types of cover in a single policy. So, rather than getting separate policies for your buildings cover, your business interruption cover, your cyber cover, and so on, you can get a single combined policy to cover your business for a range of risks.

Read our full guide to commercial combined insurance. Our guide outlines how a commercial combined insurance policy works, and what it covers.

Advantages of Commercial Combined insurance

The biggest benefit of a commercial combined insurance policy is the convenience. If you take out a single combined policy to cover your business for a range of risks, then there will be no need to shop around for separate policies. Plus, if you ever need to make a claim on your policy, there will only be a single number to call, and a single claims process to manage.

Commercial combined insurance policies can also be a lot more cost-effective than separate insurance policies. Some insurers offer discounts if you choose a combined policy instead of numerous separate policies. On top of this, if you have multiple policies, there may be certain overlaps in your cover. This could mean that you will end up paying more than necessary for your insurance.

Disadvantages of Commercial Combined insurance

While most insurers will tailor your combined insurance policy to meet your exact cover requirements, there may still be some gaps in your cover. Check your policy wording carefully, including the cover limits, to ensure you are not at risk of underinsurance.

Also, commercial combined insurance policies may not include specialist cover for risks that are unique to certain industries. For example, businesses operating in the healthcare sector are unlikely to have all of their needs met by a commercial combined insurance policy.

Finally, while commercial combined insurance can be a more cost-effective choice than getting multiple different policies, you must not assume that you will automatically make savings through choosing a combined policy. Be sure to compare quotes and prices. And though it will be a less straightforward option, it just may prove more affordable to invest in a number of individual policies for your business.

Commercial Combined vs. separate insurance policies: which is best for your business?

Commercial combined insurance is a great choice for certain types of businesses. If you are a large business facing numerous risks, then it may prove too inconvenient and expensive to take out separate policies for every aspect of your business. SMEs, too, might value the peace of mind that comes with taking out a single policy to cover a range of risks.

However, some SMEs might not need some of the cover offered by a comprehensive commercial combined insurance policy. If a combined policy is surplus to requirements, it might prove more cost-effective to instead take out a handful of separate policies. This is something an insurance broker like us can help you with.

Additional specialist insurance on top of commercial combined policy

If you operate in certain industries – such as healthcare – then you may need to take out additional separate policies on top of your commercial combined insurance policy, to ensure you have all of the cover you need.

Should I choose commercial combined insurance for my business?

James Hallam is an independent Lloyd’s broker with access to a hand-picked selection of A-rated insurance providers. Talk to us about your business and your insurance requirements, and we can help you find the cover you need at the best possible price – whether this is through a combined commercial insurance policy, or through a number of individual policies.

Get in touch for a free quote today.

What Are The Fundamental Principles of Marine Insurance?
What Are The Fundamental Principles of Marine Insurance? 800 533 James Hallam

In this post we will explain six fundamental principles of marine insurance. The principles of marine insurance may determine the outcome should you ever need to make a claim on your policy.

What are the fundamental principles of marine insurance?

  • Utmost Good Faith
  • Insurable Interest
  • Indemnity
  • Proximate Cause
  • Contribution
  • Subrogation

Principle of utmost good faith

Sometimes referred to by the Latin phrase Uberrimae Fidei, the principle of utmost good faith is basically an agreement that all parties in a marine insurance agreement will be totally honest with each other.

This means that neither the insurer nor the policyholder will falsify or misrepresent any aspect of the agreement. The insurer, for instance, will not mis-sell the policyholder any cover they do not need. Meanwhile, the policyholder will be completely transparent when taking out the policy and will not, for example, misrepresent the age of their ship.

Should either party violate the principle of utmost good faith, it can void the insurance agreement.

Principle of insurable interest

This means that a person can only insure objects in which they have a financial stake. If they would not suffer any financial losses as a result of loss or damage to the object, then they cannot buy insurance for it.

This principle forms the basis of all insurance policies, and it is largely a means of preventing situations where policyholders might actually profit from allowing, or intentionally causing, a loss.

Principle of indemnity

The principle of indemnity means that the settlement the policyholder receives will never exceed the total value of the loss they incurred.

This principle is in place to prevent policyholders from using their marine insurance policies to make a profit, such as through allowing or intentionally causing a loss.

Principle of proximate cause

The principle of proximate cause is designed to simplify the claims process through determining exactly how an instance of loss or damage occurred.

For example: An incident at sea may result in loss or damage to a policyholder’s cargo. Upon investigation, the insurers find that the loss could be attributed to two or more events. In this case, the insurers will aim to determine the proximate cause – the closest or most plausible cause that resulted in the damage.

A marine insurance policy wording will specify the events that are covered, and those that are not covered. The principle of proximate cause allows insurers to ensure that they only provide settlements for insured events, while preventing policyholders from making claims for instances for which they were not insured.

Principle of contribution

The principle of contribution allows policyholders to insure the same object for the same risks with two different insurance companies.

Shipping contracts can get very complex, very quickly. Marine businesses may need multiple policies to cover different jurisdictions, for example. Allowing for overlap between multiple policies allows the policyholder to get full cover for their ship or cargo, from beginning to end.

If the policyholder needs to make a claim on these overlapping policies, the two insurers may work together to split the liabilities.

Principle of subrogation

If the policyholder makes a claim on their policy following an insured incident, the insurer will pay them the settlement to which they are entitled. However, following this, the principle of subrogation allows the insurer to assume future ownership of the cargo.

The insurer may try to salvage and sell the cargo themselves, in order to recuperate the cost of the settlement. But if the policyholder attempts to sell their cargo after making a claim for loss or damage, they may be obliged to donate any money they make to their insurer.

This is a further principle that is designed to prevent policyholders from profiting from their insurance arrangements. Without this principle, unscrupulous policyholders would be able to intentionally damage their goods in order to receive two separate paydays – one for the ultimate sale of the goods, and one from their insurance settlement.

Why it is important to understand marine insurance principles

Understanding these key principles of marine insurance is vital if you want to know exactly what to expect should you ever make a claim on your policy.

These various principles will determine your responsibilities in the claim process, along with your insurer’s responsibilities. They could also determine the settlement you receive, and the ultimate fate of any cargo that might be lost or damaged during an incident.

Have any questions about marine insurance?

If you have any questions about marine insurance, or you want to ensure you have all the insurance you need for your ship or cargo, we are here to help.

Everard Insurance Brokers are the specialist marine trading division of James Hallam Limited who are accredited Lloyd’s brokers.

Find out more about our specialist marine insurance services.

Cyber Security For Travel Agents & Tour Operators – How To Protect Your Business
Cyber Security For Travel Agents & Tour Operators – How To Protect Your Business 1280 853 James Hallam

Cyber criminals are actively targeting the travel and tourism industry. According to one report, 72% of SMEs in the travel sector have fallen victim to at least one cyberattack in recent years.

In this post we will outline the key cyber security threats for travel agents and tour operators, and explore some ways you can protect your business.

Cyber Security Threats for Travel Agents & Tour Operators

  • Ransomware – Cyber criminals can encrypt your files, making your online systems unusable unless you pay a costly ransom. If you do not pay this ransom, the cyber criminals will either delete your files, or they will leak them. This will put you and your customers at risk of further exploitation.
  • Data Breach – If hackers gain entry to your system, they might choose to steal your data outright, rather than encrypt it as part of a ransomware attack. A data breach will put your customers at risk of identity theft, and it will also result in significant reputational damage for your business.
  • SQL Injection – Structured Query Language (SQL) is a form of coding used in database management. An SQL injection involves submitting malicious code into a data entry field on your website, which can allow hackers to access your database.
  • Phishing – This is a means, rather than an end, of cyberattacking. It involves sending a fake message, usually via email or text, that appears genuine. This can trick employees into providing login codes, or other entry points into your system, leaving your business vulnerable to further cyberattacks.

Why Are Cybercriminals Targeting Travel Agents & Tour Operators?

There are a few reasons why travel agents and tour operators are prime targets for cybercriminals:

  • Valuable Data – You will handle huge amounts of sensitive customer data as part of your work, all of which can prove immensely valuable to cybercriminals.
  • Multiple Points of Attack – With an increasingly remote workforce, and multichannel booking and communication systems, cybercriminals have multiple points of attack.
  • Lack of Awareness – Your employees specialise in travel, tourism, and customer service. They may not be so experienced when it comes to IT and cybersecurity. As such, they may not recognise a phishing email until it is too late.
  • Lack of Resources – Around 80% of travel and tourism businesses are SMEs. Cybercriminals tend to target smaller businesses over larger businesses. This is because they know that smaller businesses are less likely to have the resources in place to protect themselves against cyberattacks. As a result, following a ransomware attack, many SMEs will have no choice but to pay the hackers’ ransom.

How To Protect Your Travel and Tourism Business Against Cyberattacks

Establish Your Cybersecurity Policy and Procedures

Your cybersecurity policy and procedures document should outline the risk your business faces, along with the steps you expect all employees to take in to safeguard your data. This can include basic procedures, such as always locking devices when they are not being used, along with policies for ongoing staff training.

Make sure everyone can access your cybercrime policies and procedures and take steps to communicate it across your organisation. You should also routinely review and update the document to meet new and emerging cybersecurity threats.

Staff Training and Development

Ensure that employees at all levels of your business understand the risks of cybercrime, and the part they can play in keeping themselves, and the business, safe. At the very least, you should ensure that every member of staff knows how to recognise a phishing attack.

Cybersecurity training should form part of your employee induction process, and all staff should receive refresher training at least once a year.

If any of your employees work from home, your cybersecurity training should cover how staff can safeguard customer data when accessing your system remotely.

Consider the Role of Cybersecurity Consultants

A third-party cybersecurity consultant can assist you in threat modelling, helping you to understand the vulnerable areas in your network. They can also run network vulnerability and penetration testing, which can involve simulating a cyberattack to assess how you might enhance your security.

Invest in Cybersecurity Software

A good antivirus system usually includes multiple cybersecurity features, including automatic blocks for malicious websites and unwanted network access. Invest in a good system, and make sure you update it as often as possible.

Software updates are a vital part of any cybersecurity policy, as cybercriminals are constantly looking for vulnerabilities in outdated software. As well as keeping your cybersecurity software up to date, also be sure to regularly update any software you use to manage your website, your customer database, and your accounts.

Ensure you have Cybersecurity Insurance

Finally, a cyber insurance policy can provide cover for customer data loss, and for system breaches. While this might not prevent attacks from occurring in the first place, it can at least help your business recover should you ever fall victim to a cyberattack.

At James Hallam, we can provide you with comprehensive cyber insurance cover as part of a wider travel and tourism insurance package.

Find out more about our cyber insurance for businesses as well as our comprehensive insurance policies for travel agents and tour operators.

For more information, call us on 0207 977 7856 or email Nic.Wheele@JamesHallam.co.uk.

Supplier Failure Insurance For Travel Agents & Tour Operators: What Is It and How Does It Work?
Supplier Failure Insurance For Travel Agents & Tour Operators: What Is It and How Does It Work? 1280 854 James Hallam

Supplier failure insurance is a critical form of cover for travel agents and tour operators, providing essential peace of mind for both you and your customers.

In this post we will explain what supplier failure insurance for travel agents and tour operators is, what it covers, and why you need it.

What is Supplier Failure insurance for travel agents & tour operators?

If you book flights or other travel services for your customers, supplier failure insurance will cover you if the airline or other travel providers suffer financial failure and go out of business.

If an airline or travel provider goes bankrupt, then they will no longer be able to provide your customers with the services that they have already paid for. Supplier failure insurance, also known as end supplier failure cover, will allow you to submit a claim for your financial loss, so that you can provide your customers with an alternative means of travel or accommodation.

What does Supplier Failure insurance cover?

If a supplier goes out of business after your customer has paid for their services, supplier failure insurance can cover:

  • Refunds for any unused tickets, hotel bookings, or other travel arrangements.
  • Additional expenses incurred if the customer needs to make alternative arrangements for travel and accommodation.
  • Return costs, if the customer is unable to continue their trip because of supplier failure.

This insurance can provide cover for a range of travel suppliers, including:

  • Airlines
  • Hotels
  • Car hire companies
  • Coach operators
  • Railways
  • Car ferries
  • Tour operators

What is the difference between Supplier Failure insurance and Financial Failure insurance?

Financial Failure Insurance provides a means of reimbursing your customers if you go out of business.

While financial failure insurance covers your customers if your business ceases trading, supplier failure insurance provides cover should other businesses you work with cease trading.

All travel agents and tour operators should have both forms of cover in place in order to offer their customers full protection.

For more, read our full guide to financial failure insurance for travel and tourism businesses.

Do I need Supplier Failure insurance?

If you sell flight inclusive packages as part of your travel agent or tour operator business, then you have a legal obligation to get an Air Travel Organisers’ Licence (ATOL). As part of this, you need to provide a means of protecting your customers’ money in case airlines or other travel companies go out of business.

This means that if you arrange flights for your customers, and if you are part of the ATOL scheme as a result, then you may have a legal requirement to get supplier failure insurance for your customers.

Even if you do not book flights for customers, it is still a good idea to get supplier failure insurance. It will provide essential peace of mind for both you, and your customers.

How to ensure you are fully covered as a travel agent or tour operator

At James Hallam, we have provided dedicated insurance services for travel agents and tour operators for over 20 years.

We will take the time to understand your business so we can tailor the best possible travel and tour insurance programme for you and your customers. This can include supplier failure insurance, and we will also advise the additional cover you may need to get comprehensive insurance at a competitive price.

Find out more about our specialist insurance services for travel agents and tour operators.

Types of Marine Losses – A Quick Guide
Types of Marine Losses – A Quick Guide 800 533 James Hallam

We recently published a guide to the different types of marine insurance. We explored various different insurance products, and what they cover. In this post we will provide an overview of the different types of losses in marine insurance, to help you further understand the role marine insurance can play in protecting your business.

Different Types of Marine Loss

In this post, we’ll cover the following types of marine losses:

  • Actual total loss
  • Constructive total loss
  • Particular average loss
  • General average loss

Actual Total Loss

Actual total loss (ATL) is a situation where a ship, or its cargo, has been completely lost or destroyed. Or, the ship or cargo has been so severely damaged that repairs or salvage is no longer economically feasible.

How do ATL Claims Work? ATL claims are usually quite straightforward. If you experience total loss of your ship or cargo, you make a claim on your policy, and your insurer will then take ownership of your ship’s wreckage, or your lost, damaged, or stolen cargo. You will then be entitled to a settlement that is equal to the ship’s or the cargo’s full value, as specified in your policy wording.

Constructive Total Loss

Constructive total loss (CTL) is a situation where a ship, or a cargo, is significantly damaged to the point that the cost of repair or recovery would exceed the insured item’s value.

Typically, a marine insurance policy will specify a percentage of insured value that will trigger a CTL situation, usually around 75%. So, if the cost of repairs or recovery exceeds this percentage, it would automatically trigger a CTL situation.

How do CTL Claims Work? CTL claims are generally more complicated than ATL claims. When you make a claim for a CTL situation, you have the option to let your insurer take ownership of your insured property. Your insurer may then sell this property as salvage and use the proceeds to offset your settlement. If you prefer, you can retain ownership of your insured property, but you may receive a smaller settlement as a result.

Read our full guide to constructive total loss in marine insurance.

Particular Average Loss

Particular average loss is a type of partial loss. It is cover for when some, but not all, of your cargo is damaged or lost as a result of an incident. The term refers to losses as a result of a specific cause (hence, “particular”).

How do Particular Average Loss Claims Work? In a particular average loss claim, only the owner of the damage property is entitled to compensation. The amount of compensation received is based on the extent of damage or loss suffered as a proportion of its full value.

General Average Loss

General average is a principal in marine insurance outlining that all stakeholders proportionately share any losses resulting from incidents at sea. Specifically, the general average principal applies to situations where crew members voluntarily sacrifice part of a ship’s cargo in order to save the whole. For example, through deliberately throwing cargo overboard to prevent a ship from sinking, or intentionally taking on some water to extinguish a fire.

What’s the Difference between General Average Loss and Particular Average Loss?

A key difference between particular average loss and general average loss is that, in a particular average loss situation, only one policyholder will receive compensation. On the other hand, in a general average loss situation, the compensation will be distributed equally among numerous stakeholders.

Read our full guide to general average in marine insurance.

Get Comprehensive Marine Insurance From James Hallam

Everard Insurance Brokers are the specialist marine trading division of James Hallam Limited who are accredited Lloyd’s brokers.

As we deal with a wide range of niche insurance providers, we can arrange the cover you need, whether you are looking to cover a single vessel or an entire marine trade supply chain.

Find out more about our specialist marine insurance services.

What is Constructive Total Loss in Marine Insurance?
What is Constructive Total Loss in Marine Insurance? 800 533 James Hallam

Marine insurance policies cover businesses for various different kinds of losses. In this post we will explain what constructive total loss is, and how it differs from other types of loss.

What is Constructive Total Loss?

In the marine industry, insurers will consider constructive total loss (CTL) following significant damage to ships or cargo. Specifically, they will consider CTL when the cost of repair would be greater than the ship or cargo’s insured value.

Most marine insurance policies will specify a percentage of insured value that will trigger a CTL situation. This is usually around 75% of the insured value of the ship or cargo. If the cost of repairs or recovery exceeds this percentage, it can automatically trigger a CTL situation.

In a CTL situation, the insurer may offer a settlement that is equal to the cargo’s value, having subtracted certain charges. If the ship or cargo owner does not want to accept this settlement, they may instead retain the damaged cargo along with a lower settlement.

When Will Marine Insurers Consider Constructive Total Loss?

Marine insurers will only consider CTL if the circumstances leading to the loss meet certain criteria, including:

  • The ship carrying the cargo is stranded or grounded. If it cannot take to sea again, or if the cost of doing so would be prohibitively expensive, the insurer may consider a CTL settlement.
  • A natural disaster, such as a hurricane or a cyclone, damages the cargo beyond repair.
  • A man-made disaster, such as a collision with another ship due to human error, leads to significant damages that would cost more to repair than the amount insured.

What is Actual Total Loss in Marine Insurance?

CTL applies to situations where cargo is significantly damaged, but it remains, in theory, repairable or recoverable. Another type of loss – actual total loss (ATL) – applies to situations where the cargo is so severely damaged that repair or recovery is simply not possible.

Examples of ATL situations include natural or man-made disasters that result in irreparable damages, such as fires, flood, hurricanes, explosions, or collisions. If the ship is hijacked, or the cargo is stolen, it may also constitute an ATL situation, as it may become impossible to recover the cargo.

In an ATL situation, the policyholder is entitled to receive a settlement that is equal to the ship’s or the cargo’s full value.

What’s the Difference Between Constructive Total Loss and Actual Total Loss in Marine Insurance?

If you experience significant losses as part of your marine business, depending on the specific circumstances of your case, your insurer can either declare it as a CTL or an ATL. Broadly speaking, they will declare it a CTL if the cost of repairs or recovery is prohibitively high, and an ATL when repairs or recovery is essentially impossible.

For example, if a ship is stranded, and it would cost too much to recover it, the insurer will declare it as a CTL situation. But if the ship sinks, or if it is damaged in such a way that it is no longer seaworthy, the insurer will declare it to be an ATL situation.

Another key difference between the two situations is who takes ownership of the wreckage. In an ATL situation, the insurer will take ownership of any wreckage or insured cargo. Yet in a CTL situation, the policyholder has the option of retaining ownership in exchange for a reduced settlement.

Claiming For Loss on Your Marine Insurance Policy

Claiming for ATL is relatively straightforward. You need to file a claim with your marine insurance company, who will then work to confirm your loss, and pay you the full value of the lost or damaged property as a specified in your policy wording. As part of this, you may need to provide proof of ownership, along with evidence of the property’s value.

Claiming for CTL can be a bit more complicated. Upon making a claim, you have the option to surrender your ownership of the property to your insurer, who can then sell the property as salvage, using the proceeds as part of your settlement. Alternatively, you can choose to retain ownership of the property so as to salvage it yourself, on the understanding that your insurer can deduct this salvage value from your settlement.

If you are facing a CTL situation, be sure to check your policy wording, and to talk to your insurers, before you make a claim, so as to be sure of your rights and responsibilities.

Worried About Losses at Sea? We Are Here to Help

If you are worried about your rights and responsibilities following significant losses, then we are here to help. Everard Insurance Brokers are the specialist marine trading division of James Hallam Limited who are accredited Lloyd’s brokers. We have a dedicated team of experienced insurance professionals who are committed to protecting your marine business and have a deep understanding of every aspect of the maritime industry, and the various insurance implications.

Find out more about our specialist marine insurance services.

OCIP vs CCIP: What is The Difference and Which Should I Choose?
OCIP vs CCIP: What is The Difference and Which Should I Choose? 800 534 James Hallam

If you are a property developer, or you are managing a large construction project, you have a choice about the sort of insurance you get to cover your project.

Broadly speaking, it is a choice between an owner-controlled insurance programme (OCIP) and a contractor-controlled insurance programme (CCIP).

In this post we will explain the difference between the two arrangements, to help you decide which is best for you.

What is OCIP?

OCIP stands for owner-controlled insurance programme. It is designed to provide comprehensive cover for key parties involved for the duration of a construction project. As the name of the programme suggests, an OCIP is usually purchased by the owner of the construction project, such as a property developer.

What is CCIP?

CCIP stands for contractor-controlled insurance programme (CCIP). This is designed to provide cover for all contractors and subcontractors involved in construction projects. A CCIP is typically purchased by a contractor, which means that the owner may not pay the premiums themselves.

What is the Difference Between OCIP and CCIP?

The biggest difference between an OCIP and a CCIP is the level of cover provided by each arrangement. OCIPs provide comprehensive cover while CCIPs are not as comprehensive.

Usually, OCIPs provide comprehensive cover for all aspects of a construction project, including property damage, personal injury, and certain liabilities. OCIP coverage can extend to contractors and subcontractors, along with their employees, and it can even cover third-party claims.

CCIPs, on the other hand, are not as comprehensive. They are usually purchased directly by contractors, and as such will only cover that contractor, along with any subcontractors they appoint.

Plus, CCIPs are often a lot more limited in scope. While an OCIP can cover an entire construction project, from start to finish, CCIPs are usually purchased on a project-by-project basis. This means that the coverage may stop as soon as the contractor’s involvement in the project comes to an end.

OCIP vs CCIP: Which Should I Choose?

There are certainly some benefits to choosing a CCIP. This arrangement can be a lot more affordable than purchasing an OCIP. Plus, letting contractors arrange their own insurance can help streamline construction projects.

Yet if you are overseeing a construction project, only an OCIP will guarantee you the cover you need, for as long as you need it.

With an OCIP, the property developer will have full control over the entire policy, and all of the associated costs. This means:

  • You get to choose the extent of your cover, so you can ensure that everyone involved in the project is covered for every risk. With a CCIP, the contractor may overlook certain risks, which may lead to a costly underinsurance situation.
  • The entire project, from start to finish, can be covered under a single policy. This is often the most cost-effective approach. If there are multiple contractors involved in the project, there may be multiple CCIPs. This could result in overlaps across the various premiums, meaning you may pay extra for cover you do not need.
  • An OCIP can also streamline the claims process. Rather than potentially making multiple claims on multiple policies, you will only have to make a single claim on a single policy. Plus, all settlements will be made directly to your business.

Be sure to read our full guide to your insurance requirements as a property developer.

Specialist Insurance Services for Property Developers

If you are worried about your insurance requirements as a property developer, we are here to help.

We are an independent Lloyd’s broker with a dedicated team of experienced insurance professionals. At James Hallam, we know that no two property development projects are ever quite the same. This is why we will take the time to understand your risks so we can tailor a flexible and cost-effective property developer insurance package that offers all the cover you need.

We can help you ensure you have enough cover to protect your project, at a competitive price. Get in touch for a free quote today.

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