Management Liability

What is Management Liability Insurance?

The question of what is Management Liability insurance can be answered as simply as insurance that protects managers and key people against claims of wrongdoing.

A Management Liability insurance policy will protect directors, owners and executives of a company plus the company itself against exposures involved with managing a business.

If you own or are involved in the management of a company, you carry specific responsibilities which could leave you personally liable if something were to go wrong.

In other words, if someone decided to sue your business, whether the fault lies with your organisation or not, the business owners, company directors and senior managers could be at risk of losing personal assets, such as their home.

In Australia, the current economic climate has seen operating risks increase for businesses of all sizes. For example, business failures, regulatory investigations and actions, employment practices claims and employee theft are all becoming more prevalent.

It’s therefore more important than ever to make sure your business – and the people who run it – are secure and adequately protected. Having reliable insurance cover in place is essential so that if something does go wrong you can get back to business as soon as possible.

Phoenix Insurance Brokers Pty Ltd can advise you on the right management liability insurance for your business and we can tailor a policy to your requirements.

Call us today on (08) 9367 7399 to discuss the options available and to obtain a quote.

How Can Management Liability Insurance Protect Your Business?

Management Liability insurance can cover the cost of investigating, defending and settling claims by a third party, as well as paying compensation for which your business is deemed liable.

A claim against your business could disrupt normal operations for an extended period of time. It could also be stressful and time consuming for your people to deal with. What’s more, an unpredictable and potentially large liability claim could really harm your business and even render it unrecoverable.

It makes sense then to have adequate protection in place that will minimise any damage. Management Liability insurance will provide protection for your business but it will also give you peace of mind.

As with any insurance policy, there are always exclusions. There is also often an excess and limits on cover, so it makes sense to go over your specific requirements in detail with an expert such as your qualified and experienced Phoenix Insurance Broker.

How Can Managers Be Liable?

Being the owner or executive level manager in a company carries with it certain responsibilities. For example, if there is an alleged or actual wrongdoing, a director, officer or owner of a company can be held personally liable. Insurance claims against directors have increased dramatically in the past few years so making sure your business is protected should the unexpected happen makes good business sense.

Here are some examples of management liability claims:
  • An employee of a medium-sized call centre believes he is being excluded and bullied at work. He makes a claim to Fair Work and takes his employer to court. The employer claims on their management liability insurance which covers the cost of their legal fees and the costs for compensation they are ordered to pay the employee.
  • Owners of a hotel are found to have breached the maximum capacity specified by their Liquor Licence. They are fined $50,000. They claim this against their Management Liability Insurance.
  • A company is sued by its former agents after terminating their contracts and replacing them with fulltime staff. The former agents sue for loss of commission. The company settles with the agents for $100,000. Management Liability Insurance covers these costs preventing the company from going out of business.

Who Can Bring an Action Against a Company?

The following organisations and groups of individuals can bring an action against a company plus its directors, officers and employees:
  • Government regulators i.e. ACCC, ASIC, WorkSafe and the Australian Taxation Office (ATO)
  • Employees
  • Competitors
  • Creditors
  • Shareholders (especially minority shareholders)
  • Clients
  • Liquidators/Administrators

The 6 Components of a Management Liability Insurance Policy

A Management Liability insurance policy comprises 6 components:
  • Insured persons liability
    Covers loss arising from claims brought against directors, officers or employees acting in a managerial or supervisory capacity within a company.
  • Company liability
    Loss arising from claims made against a company.
  • Employment practices liability
    Loss arising from claims brought by past, present or prospective employees alleging discrimination, sexual harassment or failure to promote, for example.
  • Statutory liability
    Claims for loss arising from any breach of a Commonwealth Act made by company, or its directors or officers.
  • Commercial crime
    Claims for loss arising from any fraudulent or dishonest act committed by an employee or a third party.
  • Internet liability
    Loss arising from an actual or alleged electronic publishing claim. This includes claims made with respect to libel, slander, plagiarism, violation to right of privacy, or infringement of copyright.

Management Liability Insurance Covers:

  • Damages awarded against you
  • Legal costs
  • Investigation costs
  • Civil fines and penalties

Management Liability Insurance Does Not Cover:

  • Damage to physical assets such as property. This would be covered by Public Liability insurance which protects your business in cases where property is damaged, or someone who doesn’t work for you is injured, during the course of your business operations.
  • Management Liability insurance is also different to Professional Indemnity Insurance. Where Management Liability insurance provides protection against the financial exposures that come with managing a company, Professional Indemnity insurance protects professionals who provide advice or services and covers them in the event a customer claims their advice or services have caused them to suffer financial loss.
  • Management Liability insurance does not cover your staff or employees. If you have staff, it’s important to take out Workers Compensation insurance should anything happen to your employees while at work.

Phoenix Insurance Brokers Pty Ltd can help explain the subtle differences between the types of business insurance and can package a policy to suit your specific requirements, ensuring you are covered against all possible scenarios.

You can read more about related business insurance products that we can also assist you with such as:

Frequently Asked Questions

What does management liability insurance cover?

Management liability covers management and the company against the legal costs associated with claims of wrongful acts.

Is management liability insurance necessary?

Management Liability is very necessary because it protects directors and managers from legal action against them. Management liability insurance will cover the costs associated, i.e. damages, legal costs, investigations costs, fines and penalties.

How much is enough management liability insurance?

The cost of a management liability policy will depend on factors such as the size of the company and industry.

Is management liability and public liability the same insurance?

No, management liability insurance covers the company and key management against the cost of claims of wrongdoing. Public liability insurance covers your business in cases where property is damaged or when someone who is not an employee is injured during your business operations.

Please contact Phoenix Insurance Brokers Pty Ltd today to discuss your Insurance needs.