Regulatory Investigation Defence for Builders and Plumbers Without Insurance Cover
When it comes to regulatory investigations in building, legal and insurance, despite being optional - it is best to be fully covered!
But even if you go ‘optional’ - and you are not covered - all is not lost!
Let me explain:
For many years I arranged legal defence for regulatory investigations of major Australian and global businesses.
As a lawyer or broker working in insurance this was cover triggered under an investigation section of a D&O or management liability policy.
These type of investigations either begin:
- informally with an email, phone call or letter with no actual ‘formal’ process and often not triggering cover; or
- formally by a notice under a relevant legislative regime. It does depend on the industry sector.
Nowadays, the only regulatory investigations we focus on at Brockhill & Usherwood Lawyers are in the building and construction sector.
Think building and plumbing investigations.
Think Building and Plumbing Commission.
Why?
We focus on the building sector because industry specialisation is key for regulatory matters
Plus, we are leading insurance lawyers in denied financial lines insurance claims (think PI and D&O) and legal defence where you are not covered!
If your case falls within our expertise, we can advise on your insurance denial as well as deal with an investigatory process or defence.
If you require defence for a claim that is beyond our expertise (think tax, IP, employment) we have a network of civil litigation defence lawyers who can help!
BTW it doesn’t surprise me how often claims are denied by insurers in this area, when it comes to ‘claims made’ insurance - notification and disclosure issues abound.
Claims made insurance really is:
What you know, you must tell - type of Insurance!
Plus, so many builders and plumbers do NOT have regulatory defence cover at all!
If you have regulatory risk you really should be taking out D&O or management liability insurance. Talk to your broker!
Even if you hold PI Insurance don’t assume it covers investigations, even if it does have a closer look at what triggers an investigation, the exclusions and what sublimit you have.
If you don’t have insurance cover, not all is lost.
What you do need to do is deal with an investigation efficiently and proactively.
Many investigations begin without a predetermined outcome, they are in fact an investigation, they are seeking further information to understand what has in fact occurred in a particular situation.
By being overly guarded, delaying, giving vague responses or trying to avoid incurring legal costs can cause additional issues.
If a regulator is investigating you, you need to get legal advice to protect your interests.
If you’ve got a question about regularatory investigations particularly if you are a builder or plumber that doesn’t have insurance reach out to Brockhill & Usherwood Lawyers.
We offer a no cost consultation for these inquiries.
If you receive a notice act fast!
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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