Freelancer/Subcontractor Insurance

[benedmonds]

Paddy1000111 and others got quite heated about this subject in a previous thread and I had to admit I was not convinced either way.

I had alway assumed like most of us that a freelancer was covered by my insurance.

I have done the:  GOV.UK - Check employment status for tax and happy that a freelance climber providing his on saw is classed as self employed for tax purposes (copy of the determination attached)

 

But in my insurance Trust do not mention of freelance employees.. But does say Sub cntractors need insurance (with someone else)..

 

7. Employee means:
any person under a contract of service or apprenticeship with the Assured or engaged by the Assured to perform a contract
constituting the provision of labour only; while working for the Assured in connection with the Business.

 

 

General Terms and Conditions

14. Sub-Contractors
The Assured shall take all steps to ensure that all subcontractors that they engage maintain policies of insurance
(with insurers other than the Underwriters) no less comprehensive than:
a) employers’ liability coverage with a limit of liability of not less than GBP 5,000,000 any one occurrence;
b) public liability coverage with a limit of liability equal to or greater than the limits provided by this Policy; and
c) both such policies contain an Indemnity to the Assured as principal.
The Assured:
a) shall obtain written evidence of the above; and
b) shall not assume by agreement, any liability that would not have attached to them in the absence of such agreement,
including but not limited to, the assumption of liability on behalf of any sub-contractor or the waiver of rights of recourse
against any sub-contractor.
In the event of a breach of this term, the Underwriters shall have no liability under this Policy unless the Assured shows that
the non-compliance with

 

freelancer.pdf

[AA Teccie (Paul)]

Hi Ben,

Probably worth clarifying, but then I feel obliged to say that, but clause 7 = 'labour-only' subcontractor (LOSC) and clause 14 = 'bona-fide' subcontractor , with the 'freelancer' generally being LOSC.

 

Further, and as I understand it, a 'contract of service' can include terms of engagement for a LOSC in the same way it would include an employee under an employment contract.

 

Hope this helps and, if required, there is an alternative forum you can post on :0 

 

Regards,

Paul

[benedmonds]

9 minutes ago, AA Teccie (Paul) said:

Hi Ben,

Probably worth clarifying, but then I feel obliged to say that, but clause 7 = 'labour-only' subcontractor (LOSC) and clause 14 = 'bona-fide' subcontractor , with the 'freelancer' generally being LOSC.

 

Further, and as I understand it, a 'contract of service' can include terms of engagement for a LOSC in the same way it would include an employee under an employment contract.

 

Hope this helps and, if required, there is an alternative forum you can post on :0 

 

Regards,

Paul

Cheers Paul. But if I understand it correctly a freelance climber to be eligible as self employed have to use their own tools. This means they surely can't be a labour only subcontractor..

[Rich Rule]

@benedmonds

 

Trust were the ones who sold me my policy as a freelancer (when I explained the nature of the work I did) quite a number of years ago, I renewed it for 3 years.

 

Trust were also the same company who refused to accept a claim on the very same policy when I was working in a freelance capacity for another company.

 

Trust were also the ones when I questioned this and tried to cancel the policy that said it was Illegal and threatened to report me if I cancelled.  
 

Trust were also the same company who when called out, refunded the policy minus 1 months admin fee.

 

 

 

 

 

[Khriss]

Do you want to take the risk? In a multi hazard job? Get yr own as it usually comes with legal representation. Or yr fighting on all fronts  🙄 K

[Rich Rule]

@Khriss

 

Here we go again...

 

Did you read my post?  I had it and it was worth about as much as a kick in the bollox.

[Khriss]

Just now, Rich Rule said:

@Khriss

 

Here we go again...

 

Did you read my post?  I had it and it was worth about as much as a kick in the bollox.

Terms n conditions mate, my end of this is ****************kin millions on some jobs, i am no insurance expert, but punt it over to those who will take the brunt. On a claim. K

[Rich Rule]

What’s that meant to mean?

[Khriss]

5 minutes ago, Rich Rule said:

What’s that meant to mean?

Get someone to insure him to his need. If he aint certain.  Wots he gonna do turn up an say ' some bloke on the  web said it was ok'? K

[Rich Rule]

Insure who?

 

Yes of course check who is covered in what...  my point was, I explained the way in which I worked and was sold a policy based on that.  When a situation arose and someone tried to claim on that insurance they said I wasn’t covered.  
 

It really isn’t that difficult to grasp.