Concerns over the Inclusion of Criminal Defence Costs
Due to enquiries we have received from existing and new clients and the large amount of internet forum traffic about this issue, we have become aware of growing concerns as to whether cover for Criminal Defence Costs is included in our diving related Civil Liability Insurance Policies. This statement addresses these concerns with regard to our liability products for divers listed at the end of this Press Release.
We cannot comment upon the current EAW (European Arrest Warrant) situation or the specifics of the incident that gave rise to it. We are not involved in this matter and it would be wrong for us to voice any wider comments we may have at this point. However our sympathies are with all of those who were involved and are now affected by the sad and tragic loss of two diver’s lives.
We have been answering individual clients concerns raised directly with us. This Statement has been prepared to assist more widely. Subject to the normal and usual underwriting considerations for providing Civil Liability policies, our policies will respond to a need for cover for Criminal Defence costs where a Civil Liability claim for compensation covered by our policy may follow an incident.
There are many international jurisdictions where the relevant authority will commence a criminal or regulatory investigation into apparent death or serious injury. In some countries the criminal investigation process can also apply to damage to property as well.
Our policies do not limit cover for criminal defence costs just for involuntary manslaughter or corporate manslaughter; they also provide cover for criminal defence costs incurred in property damage cases where criminal investigation is commenced.
In many cases we have been involved in, criminal investigations are routinely carried out by authorities prior to civil liability being established. These investigations are usually conducted quickly and mostly without further criminal investigation. In many cases our support has shortened this phase of a resultant claim. At Dive Master Insurance our approach is to support our policy holder at a time of the greatest need and our position will be maintained.
In some UK cases relevant to corporate responsibility, individual directors and/or complete boards of directors have been investigated under criminal law. Where this has happened in cases of alleged corporate manslaughter and cover for legal defence costs required, we have provided these. There are also examples of individual sports divers and instructors being charged under criminal laws for serious offences, but these are still rare.
Below is a short description of our Liability products for recreational divers and those working professionally in recreational diving. Should you need further information on these or any of our other specialist products please visit our website or contact us via email.
Dive Master Insurance Liability Policies:
Trade Indigo is an annual Civil Liability Insurance for Dive Centres, Dive Schools and Dive Clubs. This policy includes cover for Criminal Defence costs and can be extended to include Directors and Officers Errors and Omissions cover, Product Liability and Employers Liability insurance.
Pro-Diver is an annual Civil Liability Insurance for professional dive instructors and club instructors. This policy includes cover for Criminal Defence Costs.
Sport Diver is an annual Civil Liability Insurance for recreational scuba divers. This policy includes cover for Criminal Defence Costs.
Dive Master Insurance is a trading style of Dive Master Insurance Consultants Ltd who are registered with and regulated by the Financial Conduct Authority and are Approved Cover Holders at Lloyd’s. We provide specialist diving insurance in all current HSE Approved Codes of Practice for Diving at work and recreational diving.
Dive Master Insurance commenced selling insurance to divers on the 1st June 1987 and is one of the largest independent providers to divers and the dive trade internationally.
Dive Master Insurance provided the British Sub-Aqua Club with its Block liability insurance from 2001 up to the 1st of March 2008.
For further information about this Press Release please contact Mr Bob Archell the Managing Director via email at email@example.com