Commercial Legal Expenses Insurance? Just an Extra Cost or a Real Benefit?

Commercial Legal Expenses Insurance as an addition to a Business Insurance policy may have seemed an unnecessary expense in the past, but a significant rise in litigation is causing an upsurge in the number of businesses requesting cover.

Whilst your Business Insurance policy will generally cover the legal costs and assistance to contest a claim of negligence which has caused damage or injury, it is unlikely to cover employment disputes, contact disputes and importantly, investigation by the VAT and TAX man, these latter inquiries can be expensive, and even if you are successful then no costs can be recovered from Inland Revenue and Customs. For general business related disputes, access to a specialist lawyer is often needed to argue a case and your normal solicitor may not be able to offer this service. The cover provided by Commercial Legal Expenses Insurance can help with many of these costs and provide appropriate legal assistance in person and through help lines.

 

 

Some insurance policies now include Legal Expenses cover as standard or as an optional extra, and this cover is usually provided by the same insurer as the main cover. Whilst this may seem beneficial, if you have one of these policies and there is a dispute with your insurer for say, an aspect of a claim under your policy (i.e. dispute of the claim amount or voiding of a claim), then, as the legal expenses section is part of that policy, it won’t operate. A Legal Expenses policy taken out with a separate insurer will of course act for you against the other insurer in this case.

Commercial legal expenses insurance, as an addition to a business insurance package, has now arrived in Canada and is being offered by a number of insurance wholesale brokers. Where offered, it is a mandatory benefit and provides valuable protection for small businesses. See CLEI for more particulars of coverage.