rmp-logormp-logormp-logormp-logo
  • Why RMP
  • Who we work with
  • Resources
  • Insights
  • People
  • Get in touch
  • Risk Portal
Published by FP Admin on August 22, 2019
Categories
  • Broker Bulletins
  • Police
  • Resources
  • Risk Control
Tags
  • Casualty

Broker Bulletin No. 7 - POLICE Risks - Memorandum of Understanding

Home > Broker Bulletin No. 7 – POLICE Risks – Memorandum of Understanding

Broker Bulletin No. 7
POLICE Risks – Memorandum of Understanding – National Armed Policing – Motor Risks – March 2017

Background

Section 22A Police Act 1996 (as amended), enables police forces and local policing bodies as defined in that Act to make an agreement about the discharge of functions by officers and staff, where it is in the interests of the efficiency or effectiveness of their own and other police force areas.

In 2016 the lead Police Forces responsible for providing armed responses set out to create such an agreement by way of a draft Memorandum of Understanding (MoU) which set out how they would like to deal with liability for civil claims arising from the use of police vehicles in situations such as where an armed response Counter Terrorism Unit (CTU) is requested from another Police Force. The purpose of the paper is to set out how the insurance covers placed through RMP with QBE would operate in the event of a claim arising in these circumstances.

The comments only relate to RMP/QBE policies and not that of any other insurer. We recommend if you are not insured with RMP/QBE for motor risks that you seek your own independent advice from your insurer/broker.

Policy Cover

Whilst several different solutions have been considered, the proposal which fits best with the wishes of the lead forces and which appears to be the most intuitive, especially when training matters and the like are considered, is a ‘driver’ lead solution.

To aid everyone’s understanding of the subject it may be best to consider an example of everyday operational policing and then how the insurance solution would flow through from that. Key to constructing the solution was that:

  1. It must be capable of determining liability quickly and easily at the time of impact so that the insurer and insured know immediately who is liable for the claim and more importantly the Third Party is also aware.
  2. We believed that the own damage must follow the third party cover as this would avoid any possible issue around potential ultra vires payments being made by a force, and ultimately they are all part of and parcel of the same event and should logically one should follow the other.

Example:

Force A have an incident in a city centre and calls for armed assistance. Forces B and C agree to send firearms teams in separate vehicles. The Force B owned vehicle is being driven by a Force D firearms officer who is attached permanently to the Force B firearms hub. The Force B £75,000 Range Rover is involved in a fault collision resulting in

  1. write off of the police vehicle (£75,000),
  2. write off of the Third Party vehicle at £50,000 and
  3. injuries to police officer passengers (say £100,000) and the Third Party (say £200,000).

So we have a claim worth overall £425,000.

Driver Led Solution

In this situation the MoU, and in turn the RMP/QBE policy cover – is so constructed so that the firearms hub to which the driver is attached and thus in turn the insurers of the hub/driver of the vehicle insure the claim. In this case that would be Force B (they lead the hub to which the driver is attached) as even though the driver is a Force D officer, he is attached to the Force B hub. The driver led solution operates irrespective of whether the ‘controlling Force’ (in this case Force A) is in some way at fault for the accident. The Force B motor policy would pay the claim in full at £425,000 less any self-insured retention (excess).

Irrespective of which force the claim is initially submitted to by the claimant or their insurers, the claim would be passed to the force of the hub/driver for handling immediately.

Summary

Our position can be summarised as follows:

  1. If RMP/QBE are the insurer of the hub vehicle to which the driver is attached, then it is our policy which will handle any claims.
  2. Should an accident occur through reasons other than driver negligence
    1. e.g. failure of the vehicle due to lack of maintenance
      or
    2. in a situation whereby say the accident occurred
      because the Senior Officer directs the CTU driver to
      deliberately impact with a third party vehicle, which
      subsequently turns out to be entirely unconnected with
      the operation; in this scenario the driver is clearly not
      negligent in following direct instructions.

Our policy will still operate if we are the motor insurers of the hub to which the driver is attached.

For clarity, our cover makes no distinction between training and operational activities and operates in the same manner for both situations.

How can we help you?

For more advice on how we can help lower the cost of your risk, please email contact@rmpartners.co.uk

Unsubscribe

You can opt out of marketing communications at any time by contacting us.

Download Resource

Download the Broker Bulletin No. 7 - POLICE Risks - Memorandum of Understanding PDF

Related Resources

Tree root claims...

Dogs in Schools...

Skateparks – A Guide for Local Authorities...

Risk Assessment – Suitable and Sufficient?...

Judicial College Guidelines Update – March 2024...

Street Lighting Advice for Local Authorities...

Lighting for Car Parks...

Office Chairs and Fire Safety...

Cycling to and at work...

Aggregate stop loss protection...

Personal Protective Equipment (PPE)...

The RAPP Tool...

Bodycams in Higher Education – Better Safety...

Laser Safety in Higher Education...

Free Running...

Solar Panel Installations...

Autonomous Vehicles: Ethical Decisions and the Impact o...

Safety in Managing Street Works – Chapter 8...

Taking Pride in Zebra Crossings...

The American XL Bully...

Market (Injury) Claims Update – June 2024...

Market (Injury) Claims Update & Impact of the Whip...

Artificial Intelligence in Higher Education...

Dangers from Cobalt in Lithium-ion Battery Fires...

Martyn’s Law – The Protect Duty – A C...

Industry Highlights – October 2023...

Volunteers – Risk Management Guidance...

Managing Choking Risk...

Bike Pool Schemes...

Police Vehicles – Use of Bait and Entrapment Vehicles...

Managing Manual Handling...

Martyn’s Law – The Protect Duty – A C...

Manual Handling: MAC Tool...

Driving and the Menopause...

Bullying, Harassment and Discrimination...

EV Safety Guidance...

ESG – Higher Education...

Section 114 Notices...

Managing Agency Drivers...

General Safety Regulations 2024...

Managing Roofs in Higher Education...

Whistleblowing and Safeguarding – Higher Educatio...

E-Cargo Bikes...

Risk Management for Public Events...

ESG...

BT Redcare Closure...

Managing the Highways...

Whistleblowing and Safeguarding...

Slips, Trips & Falls Toolkit – Winter Weathe...

Protecting Buildings from Vehicle Attacks...

Student Suicide Awareness and Management...

Asbestos Management in Higher Education...

Assurance Reporting in Higher Education...

Managing the Risks from Diabetes...

Claims Cost Inflation...

The Rise of Artificial Intelligence...

Slips, Trips & Falls Toolkit – Risk Insight...

Bonfires & Fireworks Displays – Higher Education...

Managing Sleep Debt...

Work Experience Placements...

RMP Risk Control – Public Sector State of the Nation Re...

RMP Risk Control – Formula Student...

Unoccupied Premises...

Wheel Security...

Managing Risks associated with Swimming Pools in Educat...

Research Projects which need to be referred to RMP / HD...

RMP Risk Control – Permit-to-work management...

Slips, Trips & Falls Toolkit – Incident Inve...

Slips, Trips & Falls Toolkit – Human Factors...

Slips, Trips & Falls Toolkit – Contamination...

RMP Risk Control – Thermal comfort at work...

Slips, Trips & Falls Toolkit – Slip Resistan...

Market (Injury) Update & Impact of the Whiplash Re...

Managing Graduations...

Joint Venture Risks...

Mould in Landlord Controlled Properties...

Managing risks associated with online vehicle booking s...

Seat Belt Buckle Guards...

RMP Risk Control – Supervised and Unsupervised Gyms...

Slips, Trips & Falls Toolkit – Cleaning Regi...

RMP Risk Control – Preventing Falls from Windows...

Broker Bulletin No. 19 – Police vehicles – drivin...

Bite Size Virtual Training Programme – Fleet and Driver...

Slips, Trips & Falls Toolkit – Flooring, Cle...

Bite Size Virtual Training Programme – Casualty Risk...

Slips, Trips & Falls Toolkit – Entrances...

Summer Driving...

New and Expectant Mothers at Work and Study...

Employees Domiciled Abroad – Higher Education...

Bite Size Virtual Training Programme – Casualty R...

Slips, Trips & Falls Toolkit – Stairs &...

Working at Height Toolkit – Fall Restraint...

Slips, Trips & Falls Toolkit – Managing Trip...

Assistance Dogs, Service Dogs and Puppy Therapy...

Employees Domiciled Abroad...

Market (Injury) Update & Impact of the Whiplash Re...

Personal Data Breaches in Higher Education...

Whiplash Reforms Update – August 2023...

Slips, Trips & Falls Toolkit – Footwear...

Risk Management Health Check...

IICSA: The End of Limitation?...

Community Speed Watch...

Market (Injury) Update & Impact of the Whiplash Re...

Working at Height Toolkit – Fall Arrest...

Working at Height Toolkit – Scaffolding...

Bite Size Virtual Training Programme – Fleet ...

Introduction to Essentials for Enterprise Risk Manageme...

Essentials for Enterprise Risk Management (EERM) in Hig...

Working at Height Toolkit – Introduction...

Personal Data Breaches in Public Sector...

Working at Height Toolkit – Fall Protection...

Working at Height Toolkit – Fragile Roofs and Sur...

Managing Woodland Visitors...

Lanyards While Driving...

Martyn’s Law – The Protect Duty Legislation...

IICSA: The Proposal of a National Redress Scheme for En...

E-Bikes and E-Scooters – The Perils of Lithium-io...

Key Control: how good is your key security?...

IICSA: An Analysis of Recommendation 6 of the Final Rep...

Managing Risks Associated with Refuse Vehicles...

Ergonomics and Display Screen Equipment Use...

Ash Dieback...

Independent Inquiry into Child Sexual Abuse Final Repor...

The Ups and Downs of Trampoline Parks...

An Analysis of the Mandatory Reporting Requirement prop...

Vaping and the Workplace...

Motor Vehicle Insurance – Use by volunteers of th...

20’s Plenty...

Forest School...

Refuse Collections...

County Lines Drug Running...

Broker Bulletin No. 1 – Defibrillators...

Safe Systems of Work – Safe Use of Ladders and St...

Well Managed Highways Infrastructure Code of Practice...

Parkruns...

E-Scooters...

Competency of Structures Inspectors...

Ice on the Road...

Blue Light Trauma Awareness and Management...

Cycling Events...

Risk Information & Intelligence...

Risks in Outsourcing...

Broker Bulletin No. 17 – Looked After Children an...

Managing Grass Cutting: A Case Study...

Contract Works Cover and Cover for Existing Structures ...

Fraud...

Broker Bulletin No. 18 – Contract Works and Conti...

Highway Code Changes...

Highways Competency Framework...

Firework Risk Management Questionnaire...

Stress Management for Homeworkers...

Managing Inland Open Water (including Ice)...

Bonfires and Fireworks Displays...

Cyber Attacks...

Contractors Training & Discussion Workshop...

W-8BEN-E – FATCA AIG Europe Limited...

RMP Tenders – Information Required for Quotations...

Towing Legislation...

Social Engineering and Deepfakes...

Play – The Universal Language of Children...

Stress Risk Management for Emergency Services...

Not My Responsibility...

Fireworks – Planning a safe display...

E-Scooters on Higher Education Campuses...

Automated and Electric Vehicles...

Construction Design and Management (CDM) – The Es...

Electronic Signatures...

Display Screen Equipment...

Managing Drivers with Diabetes...

Employment Relations (Flexible Working) Act 2023...

Drones and Model Aeroplanes...

Managing Risks associated with Grey Fleet Vehicles...

Electrical Safety...

Social Engineering...

Children and Young People within a Higher Education Wor...

Safe Storage and Use of Vapes...

Home Food Preparation for Schools...

Misfuelling a Vehicle...

Students – Sports Injuries...

Virtual Tree Masterclass – Save The Date...

Inflatable Structures...

Managing Risks associated with Hand Arm Vibration Syndr...

Managing Protests in Higher Education...

Keyless Vehicle Entry Systems – Relay Theft...

Claims Handlers (Auditing)...

Operator Licence Changes...

Combating Bed Bugs...

W-8BEN-E – FATCA MS Amlin AG...

Broker Bulletin No. 3 – Insurance Act 2015...

W-8BEN-E – FATCA Ecclesiastical Insurance Office ...

Combating Bed Bugs – Higher Education...

Managing First Aid...

Stress Risk Management – Higher Education...

W-8IMY – FATCA Risk Management Partners Limited...

Homeworking...

W-8BEN-E – Underwriters at Lloyd’s London...

Waste Collection and Culture – Risk Management Gu...

Stress Risk Management...

Safe Storage and Use of Vapes – Higher Education...

The viability of care homes...

Managing First Aid – Higher Education...

Children and young people within a Blue Light workplace...

Allergies & Risk of Anaphylaxis in Schools...

Combined Liability – Decision Tree and Treatment ...

W-8BEN-E – FATCA Mitsui Sumitomo Insurance Compan...

Broker Bulletin No. 2 – Local Pension Boards ...

Proper Footwear...

W-8BEN-E – FATCA HSB Engineering Insurance Limite...

Refuse Collection Operations Risk Management – Safety C...

Broker Bulletin No. 13 – Regional Adoption Agenci...

Broker Bulletin No. 5 – Employees Own Vehicles &#...

Preventing slips on snow and ice...

W-8BEN-E – FATCA Starr International (Europe) Lim...

Dementia Awareness for Managers of Drivers...

Tree Safety – Managing the Risks...

Broker Bulletin No. 4 – Contract Works Cover ...

Storage of Hazardous Substances in Educational Establis...

Controlling the casualty risks associated with unmanned...

W-8BEN-E – FATCA QBE Insurance (Europe) Limited...

Children’s Trusts...

How an underwriter sets a premium...

Time for a Check Up...

Shared Services – where are we now...

Contract Works Insurance...

Social Media & Social Responsibility – Highe...

Broker Bulletin No. 8 – Police Risks – Dete...

Preventing & Controlling Unauthorised Access to Ro...

Broker Bulletin No. 11 – New PL & EL Policy ...

Broker Bulletin No. 9 – Police Risks – Nati...

Small events risk management...

Authority Business – Using Your Own Vehicle...

How to complete your renewal questionnaire...

Social Media & Social Responsibility...

Legionella – Risk Controls...

Sign up to receive the latest from rmp

    You can opt out of marketing communications at any time by contacting us

    Sign up to receive the latest from RMP

    For information on how we use your personal data please refer to our UK Privacy Notice | EEA Privacy Notice.

      You can opt out of marketing communications at any time by contacting us

      RMP

      • Classes of insurance
      • Resources
      • Why RMP
      • Insights
      • Get in touch

      Sectors

      • Local government
      • Police
      • Fire services
      • Education institutions

      Legal

      • Complaints
      • Cookie policy
      • Global privacy policy
      • Lloyd’s Brexit Transfer
      • Modern Slavery Agreement
      • Terms and conditions

      Follow Us

      • LinkedIn
      • Twitter

      © Risk Management Partners Ltd All rights reserved. Authorised and regulated by the Financial Conduct Authority number 313119. Registered in England number 2989025. The Walbrook Building, 25 Walbrook, London, EC4N 8AW