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Ben Ballard
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Possibly but not definitely.

 

I only say this because in the past there have been loads of debates around the old complying with the insurance or them not paying out scenario, for stuff like the above and/or not having up to date NPTC's or not having them in the first place etc etc.

 

From what I gather no one has ever been refused a pay out by the insurance companies for not complying.

 

Unfortunately no insurance companies have ever taken an interest in the threads/posts to clarify there stance on the matter.

 

Its obviously best to have the LOLER checks and in date tickets and use the right PPE and adhere to best practice HSE guidlines etc but since none of us probably do everything all the time its a good job that they dont not pay out:confused1::001_smile:

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I think they would have to pay out.

 

Weather or not you then got prosecuted/fined by the HSE for non compliance would probably depend on the damage that was done (the reason for the claim)

 

This insurance is for third parties remember, PL is for the client/public and EL is of course for you employees, so injuring somebody would be covered by the policy but you will be in a world of trouble if found to be at fault through non compliance.

 

A bit like crashing an insured car that has no mot. Whoever you crash into will be covered by your policy, and then you get prosecuted by the law.

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I don't think any of the above gives you a definitive answer, but you know loler is the right thing to do.

 

Ultimatly the important thing is to not have any accidents in the first place, and Loler, PPE and tickets etc are generally accepted as good ways to achieve that.

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the insureance pays out but then the insurers take you to the cleaners as the contract you took out insists you are compliant with PUWER, WAHR LOLER etc etc. It has hapened to a tree surgeon in the UK and it was not pretty, the type of court oreder the insurers aquire means that you can loose all but the esential clothes & toiletries if you can't afford to pay (in the formentioned case the amount was just over £350,000!!!) you lose chipper, van, car, saws, house & everything in it.(unlike bankrupcy etc where they can't liqudise the tools of the trade etc)

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