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...

Judicial College Guidelines Update – March 2024...

Street Lighting Advice for Local Authorities...

Risk Assessment – Suitable and Sufficient?...

Office Chairs and Fire Safety...

Lighting for Car Parks...

Aggregate stop loss protection...

Cycling to and at work...

Personal Protective Equipment (PPE)...

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

The RAPP Tool...

Free Running...

Laser Safety in Higher Education...

Bodycams in Higher Education – Better Safety...

Solar Panel Installations...

Safety in Managing Street Works – Chapter 8...

The American XL Bully...

Taking Pride in Zebra Crossings...

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...

Bike Pool Schemes...

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

Volunteers – Risk Management Guidance...

Industry Highlights – October 2023...

Managing Choking Risk...

Managing Manual Handling...

Manual Handling: MAC Tool...

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

Driving and the Menopause...

Risk Management for Public Events...

Bullying, Harassment and Discrimination...

EV Safety Guidance...

General Safety Regulations 2024...

Managing Agency Drivers...

Section 114 Notices...

Managing Roofs in Higher Education...

ESG – Higher Education...

E-Cargo Bikes...

Business continuity management...

Whistleblowing and Safeguarding – Higher Educatio...

BT Redcare Closure...

ESG...

Staying ready – an insight into health and safety regul...

Bite Size Virtual Training Programme – Casualty Risk Q3...

Bite Size Virtual Training Programme – Fleet Risk Manag...

Bonfires & Fireworks Displays – Higher Education...

Whistleblowing and Safeguarding...

Managing the Highways...

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

Student Suicide Awareness and Management...

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

Protecting Buildings from Vehicle Attacks...

Asbestos Management in Higher Education...

Managing the Risks from Diabetes...

Assurance Reporting in Higher Education...

Claims Cost Inflation...

RMP Risk Control – Formula Student...

The Rise of Artificial Intelligence...

Managing Risks associated with Swimming Pools in Educat...

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

Unoccupied Premises...

Managing Sleep Debt...

Work Experience Placements...

Seat Belt Buckle Guards...

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

Wheel Security...

RMP Risk Control – Thermal comfort at work...

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

RMP Risk Control – Supervised and Unsupervised Gyms...

Slips, Trips & Falls Toolkit – Contamination...

Managing risks associated with online vehicle booking s...

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

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

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

Managing Graduations...

Joint Venture Risks...

Mould in Landlord Controlled Properties...

RMP Risk Control – Preventing Falls from Windows...

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

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

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

Bite Size Virtual Training Programme – Casualty Risk...

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

Slips, Trips & Falls Toolkit – Entrances...

New and Expectant Mothers at Work and Study...

Summer Driving...

Assistance Dogs, Service Dogs and Puppy Therapy...

Working at Height Toolkit – Fall Restraint...

Employees Domiciled Abroad – Higher Education...

Bite Size Virtual Training Programme – Casualty R...

Risk Management Health Check...

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

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

Employees Domiciled Abroad...

Whiplash Reforms Update – August 2023...

Personal Data Breaches in Higher Education...

Slips, Trips & Falls Toolkit – Footwear...

Lanyards While Driving...

Working at Height Toolkit – Fall Arrest...

Community Speed Watch...

IICSA: The End of Limitation?...

Working at Height Toolkit – Scaffolding...

Introduction to Essentials for Enterprise Risk Manageme...

Bite Size Virtual Training Programme – Fleet ...

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...

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

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

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

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

Managing Risks Associated with Refuse Vehicles...

Ergonomics and Display Screen Equipment Use...

Ash Dieback...

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

The Ups and Downs of Trampoline Parks...

Vaping and the Workplace...

Independent Inquiry into Child Sexual Abuse Final Repor...

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

An Analysis of the Mandatory Reporting Requirement prop...

Forest School...

20’s Plenty...

Refuse Collections...

County Lines Drug Running...

Broker Bulletin No. 1 – Defibrillators...

Parkruns...

Well Managed Highways Infrastructure Code of Practice...

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

E-Scooters...

Competency of Structures Inspectors...

Ice on the Road...

Blue Light Trauma Awareness and Management...

Managing Grass Cutting: A Case Study...

Cycling Events...

Risk Information & Intelligence...

Risks in Outsourcing...

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

Contract Works Cover and Cover for Existing Structures ...

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

Fraud...

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...

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

Social Engineering and Deepfakes...

RMP Tenders – Information Required for Quotations...

Contractors Training & Discussion Workshop...

Play – The Universal Language of Children...

Towing Legislation...

Stress Risk Management for Emergency Services...

Fireworks – Planning a safe display...

Not My Responsibility...

Automated and Electric Vehicles...

E-Scooters on Higher Education Campuses...

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

Employment Relations (Flexible Working) Act 2023...

Managing Risks associated with Grey Fleet Vehicles...

Drones and Model Aeroplanes...

Electronic Signatures...

Managing Drivers with Diabetes...

Display Screen Equipment...

Social Engineering...

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

Electrical Safety...

Misfuelling a Vehicle...

Safe Storage and Use of Vapes...

Home Food Preparation for Schools...

Inflatable Structures...

Managing Risks associated with Hand Arm Vibration Syndr...

Claims Handlers (Auditing)...

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

Keyless Vehicle Entry Systems – Relay Theft...

Students – Sports Injuries...

Managing Protests in Higher Education...

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

Virtual Tree Masterclass – Save The Date...

Combating Bed Bugs...

W-8BEN-E – FATCA MS Amlin AG...

Combating Bed Bugs – Higher Education...

Operator Licence Changes...

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

Stress Risk Management – Higher Education...

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

Managing First Aid...

Homeworking...

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...

Allergies & Risk of Anaphylaxis in Schools...

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

Combined Liability – Decision Tree and Treatment ...

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

Proper Footwear...

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

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

Refuse Collection Operations Risk Management – Safety C...

Preventing slips on snow and ice...

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

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

Storage of Hazardous Substances in Educational Establis...

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

Tree Safety – Managing the Risks...

Dementia Awareness for Managers of Drivers...

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

Controlling the casualty risks associated with unmanned...

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

Children’s Trusts...

How an underwriter sets a premium...

Shared Services – where are we now...

Social Media & Social Responsibility – Highe...

Contract Works Insurance...

Time for a Check Up...

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

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

Small events risk management...

Preventing & Controlling Unauthorised Access to Ro...

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

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