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Financial advisory

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CM-SIPSpecified Investment Products: Derivatives & Collective Investment Schemes M8Collective Investment Schemes M8ACollective Investment Schemes II CM-EIPExcluded Investment Products: Securities, Collective Investment Schemes & Foreign Exchange

Insurance

M9Life Insurance & Investment-Linked Policies M9AStructured Products & Structured ILPs HIHealth Insurance PGIPersonal General Insurance CGICommercial General Insurance BCPBasic Insurance Concepts & Principles

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PGI — Personal General Insurance

Personal Liability Insurance

Personal liability insurance protects an individual against the legal liability they may incur to third parties for accidental bodily injury or property damage arising out of their private life — covering the compensation (damages) they are legally obliged to pay plus the associated legal defence costs.

8 sections~5 min read

Must-know for the exam

Personal liability insurance covers the insured's LEGAL LIABILITY to third parties for accidental bodily injury or property damage arising out of private life — it protects wealth against outside claims, not the insured's own assets.
Most claims arise in the tort of NEGLIGENCE, which requires a duty of care, a breach of that duty, and causation of foreseeable damage; the insurer pays only where the insured is legally liable.
Cover applies to the insured in a PRIVATE/PERSONAL capacity (often extending to spouse and resident family), for accidental, unintended events — not deliberate acts.
OCCUPIER'S liability is the duty to keep premises reasonably safe for lawful visitors; injury to a visitor from an unsafe home is a core homeowner exposure.
TENANT'S liability covers a renter's legal responsibility to the LANDLORD for negligent damage to the rented property; a tenant's liability extension fills this gap since the tenant does not insure the building.
Domestic-helper exposures include the employer's liability to the helper for work-related injury and VICARIOUS liability for the helper's negligent acts toward third parties in the course of employment.
Liability cover uses a LIMIT OF INDEMNITY (not a property-style sum insured), expressed 'any one event/occurrence' and/or 'in the aggregate' for the policy period.
Claims from a single originating cause are treated as one event, so multiple victims of one incident share the single 'any one event' limit; the insured bears any amount above the limit.
Liability policies pay DEFENCE / legal COSTS as well as damages, and can respond even where the defence succeeds and no damages are paid.
The insurer typically CONTROLS the defence — investigating, negotiating and settling in the insured's name — and the insured must co-operate and not admit liability without consent.
Defence costs may be paid IN ADDITION TO or WITHIN the limit of indemnity; the insurer's cost obligation usually ends once it pays or offers the full limit.
CONTRACTUAL liability (liability assumed only by agreement) and BUSINESS / trade / professional liability are standard EXCLUSIONS — the cover targets private, common-law exposures.
Other common exclusions: motor/aircraft/watercraft liability, liability to own family/employees, deliberate or criminal acts, and property in the insured's care, custody or control.
Personal liability is usually a SECTION or extension of a home, travel or family package rather than stand-alone; suitability hinges on choosing an adequate limit and confirming which exposures are actually included.

Legal liability and the basics of negligence

Personal liability insurance responds to LEGAL LIABILITY — a legally enforceable obligation on one person to compensate another. Unlike property or motor 'own-damage' cover, which protects the insured's own assets, liability cover protects the insured's wealth against claims brought by THIRD PARTIES. The insurance does not pay simply because an accident happened; it pays only where the insured is legally liable to another person.

Most personal liability claims arise in the law of TORT, and the most important tort is NEGLIGENCE. Negligence is the failure to take reasonable care, resulting in injury or loss to another. To succeed, a claimant generally must establish three elements:

•DUTY OF CARE — the defendant owed the claimant a legal duty to take reasonable care (for example, a duty owed to neighbours, visitors or other road users).
•BREACH — the defendant breached that duty by falling below the standard of care of a reasonable person in the circumstances.
•CAUSATION AND DAMAGE — the breach caused actual, foreseeable loss or injury to the claimant, which is not too remote.

Liability can also arise under CONTRACT or under specific STATUTE, but the classic trigger for personal liability cover is negligence causing accidental bodily injury or property damage to a third party.

Because the insured cannot know in advance how large a court award might be, liability exposure is potentially open-ended — which is precisely why insurance, subject to an agreed limit, is valuable.

What personal / public liability cover provides

Personal liability cover (sometimes sold as 'private' or 'public' liability, or bundled within a home contents or family package policy) indemnifies the insured against sums they become LEGALLY LIABLE to pay as DAMAGES to third parties for:

•Accidental BODILY INJURY to any person who is not the insured or a member of the insured's household/family; and
•Accidental LOSS OF OR DAMAGE TO PROPERTY belonging to a third party.

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Traps that cost marks

Confusing liability (third-party) cover with own-damage or first-party property/health cover.
Assuming negligence needs intent or a contract rather than duty, breach and causation.
Believing any accident triggers payment, regardless of legal liability.
Extending private cover to business or professional activities that are actually excluded.
Thinking intentional or deliberate acts fall within the cover.
Mixing up occupier's liability (outward to visitors) with tenant's liability (to the landlord).
Confusing the landlord as claimant with a visitor or third party.
Assuming the tenant either insures the building or has no liability for it at all.

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Exam-style questions

A central suitability point for the adviser is the tension between which two things?Answer explained →For a household employing a migrant domestic worker, what should the adviser help the insured understand about a package that bundles a domestic-helper liability element?Answer explained →Product-type liability for a private individual (e.g. someone becomes ill after eating food the insured gave them) would, if covered at all, fall underAnswer explained →

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