The MU members’ Public and Products Liability Insurance Scheme
This is a benefit protecting MU members against legal liability for damages following injury to a third-party person(s) (not your employee) or damage to property whilst performing or teaching.
Employers’, local authorities, and venues commonly require written evidence that musicians are insured against Public Liability before they are able to perform. Public Liability Insurance is provided by the Musicians’ Union to a limit of indemnity of £10 million per individual member.
Band leaders engaging other musicians, performers, or technicians etc (where there is a master/servant relationship and not a collaboration between equal parties) may require employers’ liability insurance and should also obtain additional public liability insurance. Hencilla is able to provide this cover at showtimeinsurance.co.uk if required.
Introduction
This is a summary only. For full information on policy cover, terms and exclusions please refer to the policy wording.
Name of the insurer
This policy is underwritten by AVIVA. Hencilla manages this policy on behalf of the Musicians’ Union and its members.
Eligibility
Individual subscription paying members of the Musicians’ Union permanently residing in England, Scotland, Wales, Northern Ireland, the Isle of Man, the Channel Islands.
Demands and needs
This benefit of membership meets the demands and needs of individual members that wish to protect against the financial consequences of claims against them for bodily injury of any person not your employee or damage to property whilst performing either solo or as part of a group/ band/orchestra and/or whilst teaching in a public or private place (including at home).
Policy cover
This policy provides cover in respect of legal liability to pay compensation and costs/expenses for:
- Accidental personal injury to any person not your employee
- Accidental damage to third party Property
- Obstruction, trespass, nuisance or interference with any right of way, air, light or water which arises in connection with The Business and which happens during the Period of Insurance and within the Territorial Limits. The limit of indemnity will be £10,000,000 any one claim (any one period in respect of Products liability) with costs being paid in addition other than claims first made in USA or Canada.
The Business
This policy is only operative whilst the individual member of the MU is performing, rehearsing, auditioning or composing, either solo or as part of a group, band or orchestra, and/or whilst teaching or mentoring in the field of music, either at the member’s own home or any other place and in transit thereto and therefrom, including the setting up and dismantling of equipment, and/or individual registered members of the Musicians’ Union whilst setting up, operating and dismantling sound or lighting equipment at ground level only. The Business includes the ownership, use and upkeep of your premises.
Territorial limits
Anywhere in the world provided that you are resident in the in England, Scotland, Wales, Northern Ireland, the Isle of Man, and the Channel Islands.
Duration of insurance
The policy runs for 12 months from the 1 January and is annually renewable by the MU.
Additional clauses
The following clauses apply subject otherwise to the terms and conditions shown in the Policy.
Additional Activities, Buildings Temporarily Occupied, Consumer Protection Act 1987 and Food Safety Act 1990, Contractual Liability, Corporate Manslaughter and Corporate Homicide Act 2007, Cross Liabilities, Data Protection, Defective Premises, Employees’ and Visitors’ Personal Belongings, Health and Safety Legislation, Hired or Rented Premises, Motor Contingent Liability, Overseas Personal Liability and for Payment for Court Attendance.
What is not insured
- Personal Injury to any Employee.
- The ownership, possession or use of any:
- Aircraft, aerial device or hovercraft,
- Watercraft exceeding eight meters in length,
- Motor vehicle, trailer or plant in circumstances where compulsory insurance or security is required by any road traffic legislation.
- Damage to Property which you own or which is loaned, leased, hired or rented to you or which you hold in trust or is in your custody or control.
- Damage to or the cost incurred by anyone in repairing, removing, replacing, reapplying, rectifying or reinstating any products supplied.
- Recalling or making refunds in respect of products supplied.
- Advice, instruction, consultancy, design, formula, specification, inspection, certification or testing performed or provided separately for a fee or under a separate contract.
- The carrying out of any work, or any products supplied, which affects or could affect:
- The navigation, propulsion or safety of any aircraft or other aerial device,
- The safety or operation of nuclear installations.
- Pollution or contamination other than caused by a sudden, identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the Period of Insurance. All Pollution or contamination which arises out of one incident will be deemed to have happened at the time such incident takes place.
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- work in or on and travel to, from or within,
- products supplied to any offshore
- accommodation, exploration, drilling or production rig or platform;
- support vessel.
- Liquidated damages, penalty clauses, fines, or aggravated, restitutionary, punitive or exemplary damages or any additional damages resulting from the multiplication of compensatory damages or other non-compensatory damages.
- Liability imposed on you solely by reason of the terms of any contract conditions or agreement in connection with products supplied.
- The first £100 of a property damage claim, increasing to £250 for Hired or Rented Premises.
- The use of pyrotechnics explosives or any special effects involving fire or explosion.
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- exposure to,
- inhalation of,
- fears of the consequences of exposure to or inhalation of,
- the costs incurred by anyone in repairing, removing, replacing, recalling, rectifying, reinstating or managing (including those of any persons under any statutory duty to manage) any property arising out of the presence of: asbestos including any product containing asbestos.
- Any liability arising directly or indirectly from, or in connection with, or consisting of any loss, destruction or damage, failure or loss of data resulting directly or indirectly from or in connection with
- virus or similar mechanism,
- denial of service attack,
- unauthorised access to or use of computer and electronic equipment.
- The consequences of terrorism, war, nationalisation and nuclear contamination.
- Products supplied to North America or Canada.
- The failure of any electronic circuit, microchip or the like.
- Errors, omissions, misstatements or neglects in any advice given by you or on your behalf, or any;
- plan, survey report, certificate or any similar document,
- design, formula, instruction or specification,
- computer program prepared by, or on behalf of, The Insured.
Policy conditions
Reasonable precautions and maintenance of property
Members must;
- Maintain all premises and equipment, including fire extinguishing and security equipment, in a continuous satisfactory state of repair and in full working order in accordance with the manufacturer’s instructions and servicing requirements.
- Take all reasonable precautions to prevent loss, destruction or damage to the property insured and accident or injury to any person or loss, destruction or damage to their property.
- Conduct The Business in a lawful manner, complying with all legal requirements and safety regulations.
- Keep a record of purchases and sales.
Claims procedure
If in relation to any claim you have failed to fulfil any of the following conditions, you will lose your right to indemnity or payment for that claim.
You must;
- Notify Aviva immediately of any event or occurrence which may result in a claim.
- Notify the police immediately of loss, destruction or damage caused by malicious persons or thieves.
- At your expense, provide Aviva with a written claim containing as much information as possible of the loss, liability, destruction, damage, accident or injury, including the amount of the claim within 30 days.
- Pass to Insurers unanswered, immediately, all communications from third parties in relation to any event which may result in a claim under this policy.
- Not admit or repudiate liability, nor offer to settle, compromise, make payment which may result in a claim or pay any claim under this policy without Aviva's written agreement.
- Allow Aviva to take over and conduct in your name the defence or settlement of any claim. You will also allow Aviva to prosecute at their own expense and for Aviva's own benefit, any claim for indemnity or compensation against any other person and you must give Us all information and assistance required.