COVID-19

Due to Covid-19 and restrictions lifting throughout the UK, we are experiencing an unprecedented number of calls. We are working as hard as possible to ensure we answer your call as quickly as possible however, at peak times you may experience delays. You have the option of leaving a voicemail message or you can email us with your enquiry, which currently is our preferred method of contact.  Please review our page dedicated to Frequently Asked Questions below as this may answer any queries that you may have.

We appreciate that being able to contact us is extremely important so we are aiming to return to full telephone service very shortly.  At this present moment in time however, the days off the phone are allowing our staff to process quotations, documentation and answer all queries that our clients may have. Thank you for your continuing patience.

All customer service staff that can do so are working from home, accessing our operational systems remotely. We’ve maintained telephone support but capacity here is more limited, and with fewer staff available we may not always achieve our usual speed and service levels. As a result of this we are issuing renewals and all other documentation by email only.  Hard copies of documents remain available on request.

For Affinities / Individual policies please e-mail: Info@balens.co.uk

For general Commercial enquiries, please email: commercial@balens.co.uk

For submission of New Business Proposals for Commercial scheme business, please email: CNB@balens.co.uk

For Household, Personal Lines & Charities, please email: personallines@balens.co.uk

For Claims, including Covid related enquiries or submissions, please email: claims@balens.co.uk

• Make renewal and other premium payments by BACS transfer. Your documents give an important BACS payment reference and instructions.

• If you can't use BACS, then please use our automated telephone renewal service, again your documents will explain how. Please avoid cheque payment unless you have no other way.

• Check your inbox regularly, including spam folders, for Balens emails, particularly when approaching your renewal date. If you've changed your Email address recently let us know.

• Use our online services as highlighted in your documents.

• Check our Frequently Asked Questions section in the first instance to try to answer cover related questions.

We really appreciate you being patient and kind with our staff, thank you.

The UK Government continue to update their advice and Guidance on Close Contact Services available at:

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/close-contact-services

For England, Close Contact Services have been defined to include:

• Well-Being and holistic locations
• Sports and massage therapy
• Beauty and nail bars
• Hairdressing & barbershops
• Spas
• Makeup, tattoo and spray tanning studios & others

Please refer to this page on a regular basis for all updates. The document can be downloaded as a PDF. 

Please note that different guidance may apply to different areas, where local restrictions may be in place.  It is for individual practitioners to follow the Guidelines that are in place within their own location.   

The devolved Governments of Northern Ireland, Scotland and Wales and their respective Public Health bodies may have different requirements and guidance on what Close Contact Service practitioners need to consider with their locations. Please also see:

• For Northern Ireland - https://www.nidirect.gov.uk/articles/coronavirus-covid-19-regulations-guidance-and-what-they-mean-you

• For Scotland - https://www.gov.scot/coronavirus-covid-19/

• For Wales - https://gov.wales/coronavirus-covid-19-closure-businesses-and-premises-html

The UK Government have issued Guidance for those that are working in other people’s homes. It will be for all Therapists / Practitioners who visit clients in their homes to also follow these Guidelines, along with any local guidance in place within their own area.

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Balens Professional Liability policy covers you against third party claims and allegations of negligently causing accidental bodily injury, which includes illness, in the course of your business. The onus will be on the claimant to prove you were negligent and liability will need to attach to you, for the policy to respond. Any claim will be individually judged by insurers and subject to the full policy terms and conditions.

Many of you are asking, if the policy will contain any new conditions that you will need to observe for treating / instructing clients, i.e. using PPE etc. This is not required at the present time, and we will notify you if this situation changes. However, the Professional Liability Policy does contain a Criminal or Malicious Acts exclusion so, if you violate a law, then indemnity granted under policy will not apply. It is therefore the responsibility of the policy holder to ensure that they are complying with Government legislation in place within their own location at all times.   

Please continue to observe all other terms and conditions of cover.

This is unfortunately outside of our remit. Please refer to Government guidelines and your professional body (if applicable), to provide support and guidance.  

Many of you are asking, if the policy will contain any new conditions that you will need to observe for treating / instructing clients, i.e. using PPE etc. This is not required at the present time, and we will notify you if this situation changes. However, the Professional Liability Policy does contain a Criminal or Malicious Acts exclusion so, if you violate a law, then indemnity granted under policy will not apply. It is therefore the responsibility of the policy holder to ensure that they are complying with Government legislation in place within their own location at all times.   

Please continue to observe all other terms and conditions of cover.

The Supreme Court delivered its judgment on the Financial Conduct Authority’s (FCA)’s Business Interruption Insurance Test Case, on Friday the 15^th January 2021. The legal process is now completed and the action settles the position with regards coverage, causation and the application of trends clauses. It also provided the clarity that many have been after, as to the extent to which Business Interruption coverage is available under a selection of ‘non-damage’ Business Interruption extensions within certain policy wordings. However, it should be noted that the issue is a complex one and the ruling does not mean that all Insurers, whatever the policy wording, will pay Business Interruption claims due to Covid-19. It also, does not guarantee the level of claim payments to be made, if applicable. Not all Insurers were involved in the process and some will remain unaffected. The media appear to have reported “blanket” cover acceptance across the industry and this is simply, not the case. Each Insurer will be affected in different ways based on the legal interpretation of the respective policy wording and each claim will be taken on its merits.

This article is not intended to explain all the details of the ruling (please review the FCA website for precise detail on this subject) but more to, provide guidance on what our valued Policyholders need to know and what to do, at this stage. We do expect that the FCA will publish further guidance to Policyholders and identify what they expect Insurers/Intermediaries to do, to manage clients expectations and communications. What we do know however, is that Insurers will need to act quickly and efficiently. We as a Broker, will aim to facilitate this in every possible way and ensure we communicate to our valued customers quickly and regularly.

The guidelines below apply to all Policyholders based in England and Wales. If you are a policyholder based in Scotland, Northern Ireland and or Republic of Ireland, please email claims@balens.co.uk and clearly state you are Policyholder based in one of the above territories. Decisions on the legal stance, in these territories, is still unclear at this stage, each case will need to be handled on its merits. We have established a dedicated team within Balens to handle all Covid related claims and / or queries.

Covéa Insurance PLC (Covéa) have conducted a review of the Supreme Court’s ruling and confirm there is no blanket acceptance of Business Interruption claims, due to Covid-19. Each case will be handled on its merits.  Claims will be dealt with by Covéa, at all stages from notification, submission through to conclusion. Covéa will make all decisions on whether the policy will respond, based on the individual circumstances of the submission and the terms and conditions of the insurance policy. Balens Ltd (Balens) will not comment on policy interpretation.   

Please click here to view the formal notification from Covéa. If after reading the formal stance from Covéa, you feel you have suffered a financial loss, we have outlined various scenarios and what you need to do next, details of which are available here. 

Many of our valued Policyholders that have renewed or incepted a policy post the 18/6/20, would have noticed that the level of cover under the “Additional cover section” of the Loss of Income section of cover was amended.  This removed any ambiguity regarding Covid -19 claims and whether the policy would respond.  As a result, it became clear that Covéa would not be entertaining claims for loss of income, due to Covid-19 and formal confirmation of this is available here.

If you wish to investigate whether cover was in force prior to 18/06/20, please contact our dedicated Claims Team via claims@balens.co.uk and they will provide suitable guidance for you.

Cover under this Policy is specified disease cover. This sets out an exhaustive list of diseases which are covered by the Policy and Covid-19 is not one of these. There is therefore no Business Interruption cover in place for Covid-19 under a Bridge BABTAC policy. 

Furthermore, the policy requires business interruption losses consequent upon specified disease to be caused by the occurrence of the disease at the business premises. The FCA test case did not consider clauses which require the disease to occur at a policyholder’s premises, and therefore claims and / or complaints will not be affected by the FCA Test Case. Covéa will not be re-assessing the stance regarding any claim and / or complaint submitted under the Bridge BABTAC policy.

Covéas letter to policy holders giving full details may be found here.

The Cover for loss of income, under this package policy is specified disease cover, which sets out an exhaustive list of diseases which are covered by the Policy. Covid-19 is not one of the covered diseases.  Therefore, Insures have clearly stated that claims due to Covid-19 will not be entertained. The FCA test case did not consider policies which only cover a specified list of diseases and the recent appeal has not changed anything.

China Taiping Insurance (UK) Co Ltd (China) have re-affirmed their stance that, the policy will not respond. Their formal notice regarding this is available here.

If you have an on-going claim with China, our dedicated claims team will ensure you are responded to you appropriately. In addition you have the option to submit a claim should you wish. If you wish to challenge China’s official interpretation, please review the letter which clarifies the relevant contact information.  

Our Claims Team may be contacted via claims@balens.co.uk.

The FCA judgement concluded that some of the specifically tested policy wordings will not respond to claims.  Where applicable, we expect these insurers to confirm that as their final position to policyholders. 

On other tested wordings, which includes Balens clients with Business Interruption policies insured by Hiscox Ltd, where the test case noted options for the policy to respond (in whole or part) to a claim, the insurers have leave to review the judgement and assess the implications for claims on a case-by-case basis. They also have the right to appeal the FCA judgement. Given the prominence of the issue we expect such insurers to make their next intentions clear and contact claimants (and complainants) direct.

Please Note:

• This is general guidance only; individual matters arising require reference to the full terms and conditions of the relevant policy.
• Insurance companies (irrespective of the virus) will not comment definitively on hypothetical claim scenarios. Any actual claim will be assessed in line with policy cover on its individual, specific circumstances and merits.

Q:  Is being diagnosed as having Covid or being in receipt of the Covid vaccination deemed a change in medical condition?

A:  As at 1^st June 2021 the jury is still out on this one.  We would however, recommend that you consult with any Professional Body or Training organisation for guidance on this subject and/or follow best practice. Consider adapting your consultation or record keeping card to record any questions asked or contra-indications that may affect your judgement on whether the treatment and/or therapy should continue to be performed. Consider whether you need to undertake a patch test for existing clients and consult with manufacturers should products be used and new patch tests are required. Finally, please continue to review any Government guidance on the issue.

Zurich Insurance PLC, who are our Insurance provider for our Professional Liability Policy, have not commented on this issue at this present moment in time.  The Terms and Condition of the policy remain unaltered.

Q:  Do I need to undertake Covid testing or wear PPE to see or treat clients?  In addition, if I don’t will my policy respond?

A:  Our Zurich Professional Liability policy does not contain a condition insisting on the above.  We would however, expect that once again you consult with any Training Body or Association, follow best practice and follow all Government guidelines.

Q: What cover applies to virus related claims?
A: The policy covers you against third party claims and allegations of negligently causing accidental bodily injury (which includes illness) in the course of your business. The onus will be on the claimant to prove you were negligent. Any claim will be individually judged by insurers and subject to the full policy terms and conditions.

Q: What do I do if someone makes an allegation or claim against me?
A: Report it immediately to us, preferably by email to Claims@balens.co.uk. We will support you in the normal way in getting all relevant information together for insurers. Do not admit liability. Please refer to your policy document for full claims conditions.

Q: Does my policy cover me to practice my business activities online?
A: Yes - with certain exceptions the policy will automatically provide cover for the business activities on your policy schedule when it is possible to conduct them via Skype, telephone or online consultations. All are subject to the standard terms and conditions of the policy, including the record keeping conditions that you can find in the 'Conditions' section of the policy wording.

If you have any queries about online or 'virtual' trading please email:

• Affinities/Individual policyholders -Info@balens.co.uk
• Commercial policyholders -  Commercial@balens.co.uk

The main exceptions to cover, unless specifically agreed and endorsed on your policy, are:

• Activities provided to clients in the USA and/or Canada, and
• Cover for training resulting in the issue of a certificate of competency.

Please contact us at the email addresses above if you require cover for either of these matters. Additional information will be required.

Q: Does my policy include Business Interruption/Loss of Income cover?
A: This is an optional cover section - your policy schedule will show if cover is operative.

Q: Will my policy cover me for loss of income should I need to shut my business due to the Coronavirus?
A: Please see our pages on Business Interruption.

Q: Does my policy cover for any loss of income if I, or my clients, cancel appointments because of the Coronavirus?
A: No, there is no cover under the policy for loss of income or business expenses in this scenario.

Q: Will insurers extend cover for all virus-related loss of income?
A: No - given the circumstances we cannot foresee any insurer starting to offer cover at this time.

Temporarily Unoccupied Premises – Covea Insurance PLC

Business Protection and Bridge Babtac Policyholders

We have negotiated “cover enhancements” for the benefit of our policyholders when premises are unoccupied as a result of National Lockdowns due to the pandemic. Full cover will be extended for 90 days, as outlined here. Please review very carefully.  If you have any queries regarding the content of the article, please email your Account Handler or Commercial@balens.co.uk:

Please be aware that the 90 day consecutive period is considered to have started from the date that the risk became unoccupied, not from the date that any National lockdown started, i.e. if your premises was unoccupied due to tier restrictions then this will be deemed to be the start date of the unoccupancy. Once the 90 days is up then, you will need to contact Balens and update us of your personal circumstances

The guidance applies to existing Policyholder’s only and existing Business Premises, that are currently insured under a policy arranged via Balens Ltd.

If you arrange a new business policy with ourselves or wish to add a new location to an existing policy, please contact us for guidance. Each case will be reviewed on its merits and automatic cover will not be in force (as per the guidance detailed within the above link).

If you are a Policyholder that holds an insurance policy via another provider, please contact the office for guidance.

Q: I have a Business Protection policy - am I covered for Employers' Liability?
A: The policy automatically includes cover for Employers' Liability. This covers claims from employees for bodily injury arising out of their employment with you. There would need to be an element of negligence attaching to you (the policy holder), for a claim to be considered. Please report any allegations to  Claims@balens.co.uk immediately, and do not make any admission of liability.

Q: What is the position with Personal Accident & Sickness (Income Protection) Policies for Covid-19?
A: Balens predominately deal with Personal Accident & Sickness Insurance policies for individuals. These policies provide benefits should you be unable to work due to an accident and / or illness that you suffer in connection with your business activities. If your policy includes sickness cover and you contract Coronavirus a claim may be considered, as always, each case will be taken on its merits.

Please note we do not provide policies for mortgage protection payments, unemployment protection, redundancy, permanent health or long-term income protection

Q: Should I continue to run my business and offer to see clients for treatments, therapies, consultations and or advice?
A: As an insurance broker such advice exceeds our remit, regrettably we cannot comment. We know a number of professional associations are issuing guidance, if you are a member please check your association's website.

Please also see our pages on Working in Close Contact Services.

Q: What do I do if I think I may need to claim under my policy?
A: Notify us immediately via Claims@balens.co.uk. Claims conditions vary by policy type so please refer to your policy documents for full terms and conditions.

Q: My insurance policy through Balens is due for renewal, but I’m not working. Can Balens help?
A: The key question you should consider here, is “what does your insurance policy provides cover for?”

If the policy is for Professional Liability, Public & Products Liability Insurance, and you are still providing advice, treatment, therapies or instruction to any clients, even virtually (via online platforms) then, you will still have the need to protect yourself and your business for breach of your professional duty. Legal defence and damage pay-outs can be costly.

If your policies include insurance cover for loss, destruction and or damage to physical assets that you own and/or are responsible for then, we consider that any suitable policy should remain in force. The likelihood of a fire, flood, theft/vandalism etc still remains. Consider insurance requirements under any contracts you may have entered into for the leasing of equipment and/or property – you may be contractually bound to continue with insurance cover.

Balens are very aware at the moment that businesses need our full support and have options regarding this (please also see below re Finance). Please contact us for details.

Q: I may struggle with repayments on my insurance Finance agreement, what should I do?
A: Please contact us - we will always try to support you and where possible come to a new, more manageable arrangement based on your individual circumstances. It is really important that you make contact at the earliest opportunity and prior to cancelling any direct debit mandate with your bank. Early contact gives us the best chance of agreeing a revised arrangement for you, the absence of which may result in cancellation of your policy.
Please email:

• Affinities/Individual policyholders - Info@balens.co.uk
• Commercial policyholders - Commercial@balens.co.uk

The package policy provided by Balens, includes Commercial Legal Protection Insurance as well as Professional Liability, Public and Products Liability.  

The Legal Expenses Insurance Policy provides access to useful helplines services alongside its core covers, which can provide much needed support for you and your business. The helpline services include access to advice on any legal issue that may affect your business plus access to tax and / or counselling support.  Please refer to your policy documents for contact numbers.

See also Emergency Claims Assistance.

If cover is in force, the Commercial Legal Expenses policy provides access to useful online guides, such as the employment manual (allowing you to keep up to date with rapidly changing law regarding employment) plus useful helpline services. Such services provide advice on legal, tax and / or counselling issues. The policy also has core sections of cover that you may find useful at this present moment, including employment disputes and contract disputes.

Commercial Legal Expenses Insurance is not included automatically as part of your insurance portfolio. You would have had to have chosen this additional cover as part of your portfolio, whilst selecting policies to meet your insurance demands and needs. Please refer your policy documents for clarity on whether this cover is in force. If you are unsure as to whether you have a Commercial Legal Protection policy in force or not, or would like to add this policy to your portfolio of cover, please contact Commercial@balens.co.uk and a member of the team will be more than willing to assist.

27^th March 2020

In these challenging times, we at Balens will be keeping our communication open with you as and when events unfold. We ask your kind forbearance with us as we endeavour to deal with your voluminous queries and calls, and the continuing stream of postal communication we receive daily, which then has to be cascaded out to our homeworking network. Nearly all of our 70 or so staff are now working from home, and despite the many challenges we have faced, are working flat out to maintain our service and support to you, our valued clients.

We do understand the difficulties and disruption many of you are facing and are trying to help where we can.

Whilst there are many heart-warming stories which are emerging in this crisis and acknowledging the pivotal role of the NHS, I sincerely hope that the Government will find ways for Health, Wellbeing, Beauty and Fitness Professionals who may not be in the mainstream, such as many of you, to play their eventual part. I had an interesting conversation with Dr Michael Dixon a couple of days ago. He was due to be our keynote speaker at our CPD Event in May, and is an influential voice as Chair of the College of Medicine, and instigator of the Social Prescribing Initiative cascading out through GP Surgeries in the UK. He felt strongly that Professionals, such as yourselves, could have an important part to play as Link People through the Social Prescribing Network. Please do explore this, if it may be of interest.

We understand that many of our Commercial clients, who have Business Interruption as part of their insurance policy will rightly be looking to see if they have cover in current circumstances. Insurance Policies are Legal Contracts and as such are specific about what they will and won’t include. Clearly no Insurance Policy can cover every eventuality, as long as the historically acknowledged main potential risks are covered. Whilst most of the property related risks such as fire, flood, other types of water damage, burglary, accidental damage etc are covered, and have produced big claims in recent years, there are restrictions on the Business Interruption / Loss of Income (if you have this cover) section of the policy. This section has always been triggered specifically by a claim relating to your insured property and doesn’t cover risks outside of this. This is standard throughout the industry and has been ever since I joined it 50 or more years ago. For more information on how Balens are supporting our clients regarding these policies please see our webpages specifically related to Business Interruption.           

We understand that the Government are providing grants and loans to businesses for their losses as a result of the Government ordered shutdown, and yesterday announced a package of policies to support the self-employed, which will hopefully assist many individuals and businesses to survive the current crisis. Please remember for those that have our DAS Legal Expenses policy (most of our clients will have this as standard), there is also a counselling helpline, which may assist those in need of emotional support.  

We do empathise with your current situation, and are happy to respond to any questions you may have, but would ask you to please email these where possible as our phone system is currently experiencing high demand with calls and queries. We hope the current crisis will soon be resolved, for us all. 

David Balen

Chairman

Balens Ltd

14^th August 2020

As major Brokers for the Health and Wellbeing sector we are still hearing stories of confusion or inaccurate interpretations of our cover position during the Covid Crisis. It is simply this….

Therapists must follow all Government Guidelines applicable to their specific location at any given point in time - as the very minimum that they do - and additionally we would expect them to follow all Professional Association advice and guidance that as a member they may receive, even if this exceeds minimum Government requirements.

If you choose not to follow your Professional Association guidance, you must fully document your decisions explaining your reasons, as in the event of a claim, choosing not to follow what may be considered current best practice for your particular discipline, or causing harm by not following guidance, possibly may be called into question and weaken your defence. For those without a Professional Association, we would expect you to exercise due diligence over and above Government requirements, if you feel that this will produce a safer environment for your clients.

Please remember that you have a common law duty to exercise due care and not to deliberately cause harm. Please also be mindful that your insurance may be invalidated if you fail to follow UK Government Guidance and the Law, as all Malpractice Insurance Policies normally exclude Criminal Acts.

Fuller details and Covid updates are regularly posted on our website to reflect this ever-changing environment.

As at 14^th August, all Close Contact Services, including those that work within High Risk Zones, may return to work from 15^th August 2020. 

Work in High Risk Zones requires additional Health and Safety measures. Please see  https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/close-contact-services.

David Balen

Chairman

Balens Ltd