The Ogden Rate Change 2017: Is your liability insurance providing enough cover?
You may or may not have heard about a change to the Ogden Rate, announced by The Lord Chancellor, which was made effective earlier this year.
The Ogden Rate is a Government set rate used when a personal injury claim occurs, and a lump sum is paid in compensation for a life changing injury.
What this means for you and your business
The Discount Rate hadn’t been adjusted since 2001 and interest rates have fallen since the Discount Rate was last adjusted, which means that less investment income is available today.
The Government wants to ensure that claimants receive the appropriate amount of compensation for the remainder of their lives.
The amount of the award is adjusted to compensate for the amount of interest a claimant can expect to earn by investing this lump sum. The courts apply the rate to any future losses the claimant may have, including continuing care needs and potential loss of earnings.
Therefore, to ensure that the claimant is still fairly compensated the settlement needs to be higher – the lower the Discount Rate, the higher the compensation needs to be.
Insurers use complex calculations to determine the sum awarded to claims involving life changing injuries.
The new Discount Rate will apply to all claims settled in England and Wales on or after 20 March 2017 regardless of when the incident happened or when it was reported to insurers.
The current statutory minimum requirement for Employers’ Liability cover is £5,000,000 although, the normal market indemnity limit is £10,000,000. However, there is no statutory requirement for a business to have Public Liability insurance but it is just as important.
Third party motor liability is a compulsory insurance and the cover for bodily injury is unlimited, so additional cover is not required for this class of insurance.
Are your current liability limits high enough to protect your business?
You should look carefully at your insurance policy and consider whether you are comfortable with the current limits of cover. In relation to these Government changes it is advisable to speak to Forum Insurance on 020 8909 2899 to ensure you have the right level of cover.



