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Legal matters

Desperately seeking insurance help

0 replies

LegallyDumb · 07/08/2015 17:05

Any legal experts like to give me an opinion on an insurance liability issue?

I have a small online shop on Etsy selling handpainted jewellery items.

I have been looking for insurance that would cover sales to US and Canada, and thought I had found some, but now I'm not so sure.

The relevant section of the quotation is:

Quotation states:

Section wording: 13543 WD-HSP-CRA-GL(6)
Insurer: Hiscox Insurance Company Limited Limit of Indemnity: £1,000,000 Limit applies to: Each and every occurrence, defence costs in addition, other than for pollution or for products to which a single aggregate policy limit including defence costs applies Geographical limits: Worldwide excluding USA & Canada Applicable courts: United Kingdom

Section wording: 13543 WD-HSP-CRA-GL(6)
Insurer: Hiscox Insurance Company Limited Limit of Indemnity: £500,000 Limit applies to: In the aggregate including defence costs Geographical limits: USA & Canada Applicable courts: United Kingdom

And the further explanation I was given was:

'You are covered in the USA/Canada, however, it is subject to the conditions outlined above. The limit of indemnity for sales to the USA/Canada is £500,000, for which claims must be brought in the UK. Claims first brought in the USA are not covered.'

Surely if claims first brought in the USA are not covered, then the insurance doesn't cover the US Hmm

I have further been told that it is unlikely that a claim would be brought in the US if I hold no assets there. And/or I should put a disclaimer on my shop that all goods are sold subject to UK law. But it was not clear if this was purely a deterrent, or actually binding.

I would really like to include the US and Canada as half my traffic comes from there, but not at the risk of making my kids homeless should a claim be brought and my insurance invalid. No matter how unlikely

Apparently this is all a grey area and the insurance company suggested I contact CAB for legal advice. I thought MN might be better at 5pm on a Friday Grin

Any advice/opinions?

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