Summary of MU Members’ Insurances

The MU members’ Public and Products Liability Insurance Scheme

This is a benefit protecting MU members against legal liability for damages following injury to a third-party person(s) (not your employee) or damage to property whilst performing or teaching.

Employers’, local authorities, and venues commonly require written evidence that musicians are insured against Public Liability before they are able to perform. Public Liability Insurance is provided by the Musicians’ Union to a limit of indemnity of £10 million per individual member.

Band leaders engaging other musicians, performers, or technicians etc (where there is a master/servant relationship and not a collaboration between equal parties) may require employers’ liability insurance and should also obtain additional public liability insurance. Hencilla is able to provide this cover at showtimeinsurance.co.uk if required.

Introduction

This is a summary only. For full information on policy cover, terms and exclusions please refer to the policy wording.

Name of the insurer

This policy is underwritten by AVIVA. Hencilla manages this policy on behalf of the Musicians’ Union and its members.

Eligibility

Individual subscription paying members of the Musicians’ Union permanently residing in England, Scotland, Wales, Northern Ireland, the Isle of Man, the Channel Islands.

Demands and needs

This benefit of membership meets the demands and needs of individual members that wish to protect against the financial consequences of claims against them for bodily injury of any person not your employee or damage to property whilst performing either solo or as part of a group/ band/orchestra and/or whilst teaching in a public or private place (including at home).

Policy cover

This policy provides cover in respect of legal liability to pay compensation and costs/expenses for:

• Accidental personal injury to any person not your employee
• Accidental damage to third party Property
• Obstruction, trespass, nuisance or interference with any right of way, air, light or water which arises in connection with The Business and which happens during the Period of Insurance and within the Territorial Limits. The limit of indemnity will be £10,000,000 any one claim (any one period in respect of Products liability) with costs being paid in addition other than claims first made in USA or Canada.

The Business

This policy is only operative whilst the individual registered members of the Musicians' Union is performing, rehearsing, auditioning or composing either solo or as part of a group, band or orchestra and/or whilst teaching or mentoring in the field of music and/or whilst tuning musical instruments as required either at the member's own home or any other place and in transit thereto and there from including the setting up and dismantling of equipment and/or individual registered members of the Musicians' Union whilst setting up, operating and dismantling sound or lighting equipment at ground level only.

Territorial limits

Anywhere in the world provided that you are resident in the in England, Scotland, Wales, Northern Ireland, the Isle of Man, and the Channel Islands.

Duration of insurance

The policy runs for 12 months from the 1 January and is annually renewable by the MU.

Additional clauses

The following clauses apply subject otherwise to the terms and conditions shown in the Policy.

Additional Activities, Buildings Temporarily Occupied, Consumer Protection Act 1987 and Food Safety Act 1990, Contractual Liability, Corporate Manslaughter and Corporate Homicide Act 2007, Cross Liabilities, Data Protection, Defective Premises, Employees’ and Visitors’ Personal Belongings, Health and Safety Legislation, Hired or Rented Premises, Motor Contingent Liability, Overseas Personal Liability and for Payment for Court Attendance.

What is not insured

1. Personal Injury to any Employee.
2. The ownership, possession or use of any:
   1. Aircraft, aerial device or hovercraft,
   2. Watercraft exceeding eight meters in length,
   3. Motor vehicle, trailer or plant in circumstances where compulsory insurance or security is required by any road traffic legislation.
3. Damage to Property which you own or which is loaned, leased, hired or rented to you or which you hold in trust or is in your custody or control.
4. Damage to or the cost incurred by anyone in repairing, removing, replacing, reapplying, rectifying or reinstating any products supplied.
5. Recalling or making refunds in respect of products supplied.
6. Advice, instruction, consultancy, design, formula, specification, inspection, certification or testing performed or provided separately for a fee or under a separate contract.
7. The carrying out of any work, or any products supplied, which affects or could affect:
   1. The navigation, propulsion or safety of any aircraft or other aerial device,
   2. The safety or operation of nuclear installations.
8. Pollution or contamination other than caused by a sudden, identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the Period of Insurance. All Pollution or contamination which arises out of one incident will be deemed to have happened at the time such incident takes place.
9.  
   1. work in or on and travel to, from or within,
   2. products supplied to any offshore
      1. accommodation, exploration, drilling or production rig or platform;
      2. support vessel.
10. Liquidated damages, penalty clauses, fines, or aggravated, restitutionary, punitive or exemplary damages or any additional damages resulting from the multiplication of compensatory damages or other non-compensatory damages.
11. Liability imposed on you solely by reason of the terms of any contract conditions or agreement in connection with products supplied.
12. The first £200 of a property damage claim, increasing to £250 for Hired or Rented Premises.
13. The use of pyrotechnics explosives or any special effects involving fire or explosion.
14.  
    1. exposure to,
    2. inhalation of,
    3. fears of the consequences of exposure to or inhalation of,
    4. the costs incurred by anyone in repairing, removing, replacing, recalling, rectifying, reinstating or managing (including those of any persons under any statutory duty to manage) any property arising out of the presence of: asbestos including any product containing asbestos.
15. Any liability arising directly or indirectly from, or in connection with, or consisting of any loss, destruction or damage, failure or loss of data resulting directly or indirectly from or in connection with
    1. virus or similar mechanism,
    2. denial of service attack,
    3. unauthorised access to or use of computer and electronic equipment.
16. The consequences of terrorism, war, nationalisation and nuclear contamination.
17. Products supplied to North America or Canada.
18. The failure of any electronic circuit, microchip or the like.
19. Errors, omissions, misstatements or neglects in any advice given by you or on your behalf, or any;
    1. plan, survey report, certificate or any similar document,
    2. design, formula, instruction or specification,
    3. computer program prepared by, or on behalf of, The Insured.

Policy conditions

Reasonable precautions and maintenance of property

Members must;

1. Maintain all premises and equipment, including fire extinguishing and security equipment, in a continuous satisfactory state of repair and in full working order in accordance with the manufacturer’s instructions and servicing requirements.
2. Take all reasonable precautions to prevent loss, destruction or damage to the property insured and accident or injury to any person or loss, destruction or damage to their property.
3. Conduct The Business in a lawful manner, complying with all legal requirements and safety regulations.
4. Keep a record of purchases and sales.

Claims procedure

If in relation to any claim you have failed to fulfil any of the following conditions, you will lose your right to indemnity or payment for that claim.

You must;

1. Notify Aviva immediately of any event or occurrence which may result in a claim.
2. Notify the police immediately of loss, destruction or damage caused by malicious persons or thieves.
3. At your expense, provide Aviva with a written claim containing as much information as possible of the loss, liability, destruction, damage, accident or injury, including the amount of the claim within 30 days.
4. Pass to Insurers unanswered, immediately, all communications from third parties in relation to any event which may result in a claim under this policy.
5. Not admit or repudiate liability, nor offer to settle, compromise, make payment which may result in a claim or pay any claim under this policy without Aviva's written agreement.
6. Allow Aviva to take over and conduct in your name the defence or settlement of any claim. You will also allow Aviva to prosecute at their own expense and for Aviva's own benefit, any claim for indemnity or compensation against any other person and you must give Us all information and assistance required.

The MU members’ Personal Accident Scheme

All subscription paying members of the Musicians’ Union under 80 years of age and resident in the UK are insured for specified financial benefits in the event of disability following an accident. Please note that reduced benefits apply to those under 18 years of age.

Introduction

This is a summary only. For definitive information on policy cover, terms and exclusions please refer to the policy wording.

Name of the insurer

This policy is underwritten by AVIVA. Hencilla Canworth GI Ltd (Hencilla) manages this policy on behalf of the Musicians’ Union and its members.

Eligibility

Individual registered members of the Musicians’ Union under 80 years of age, permanently residing in England, Scotland, Wales, Northern Ireland, the Isle of Man, the Channel Islands who are up to date with their subscriptions.

Demands and needs

This benefit of Musicians’ Union membership meets the demands and needs of individual members that wish to receive specified financial benefits in the event of disability following an insured accident.

Policy cover

Members will receive £125 for each week of Temporary Total Disablement or up to £20,000 for an injury considered Permanent Total Disablement or results in Loss of Life following an insured Accident. The weekly benefits are payable for a maximum 52 weeks excluding the first two weeks.

Members 17 years old or younger receive reduced benefits.

The policy also provides certain benefits for medical expenses, coma benefit, disability assistance, hospitalisation and funeral expenses following an accident covered by the policy. ‘Accident’ means a sudden, unexpected, unusual, specific incident.

Operative time

At any time, other than whilst engaged in a non-Musicians’ Union Occupation.

Duration of insurance

The policy runs for 12 months from the 1st of September and is annually renewable by the MU.

Territorial limits

Worldwide provided the members is usually resident within the England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands.

What is not insured

1. The Insured Person engaging in any kind of flying other than as a passenger.
2. The Insured Person being a full-time member of the armed forces of any nation or international authority or a member of any reserve forces called out for permanent service.
3. The Insured Person committing or attempting to commit suicide or intentionally inflicting self-injury.
4. The Insured Person(s) own criminal act.
5. The Insured Person being in a state of insanity.
6. Any claim incurred in any country destination or region in respect of which the advice of the British Government or the government of the Insured Person(s) Country of Residence (if different) at the time the trip was booked was “against all travel to”.
7. Accidental Bodily Injury directly or indirectly caused by the Insured Person suffering from:
   1. any gradually operating cause.
   2. any naturally occurring condition or degenerative process;
   3. Sickness or disease (unless resulting directly from Accidental Bodily Injury).

Policy conditions

Members must take all reasonable precautions to prevent accident or injury to any person or loss or destruction of, or damage to, their property and must comply with all legal requirements and safety regulations and conduct the Business in a lawful manner.

Claims must be notified as soon as reasonably practicable and no later than 60 days from the date of accident.

Making a claim

As soon as possible you must: Notify Hencilla Canworth GI Ltd (please see ‘Customer Service’ for full contact details) of any occurrence which may result in a claim and provide further details which may be required.

The MU members’ Music Teachers/Lecturers Professional Indemnity Insurance Summary

Introduction

This is a summary only. For definitive information on policy cover, terms and exclusions please refer to the policy wording.

Name of the insurer

This policy is underwritten by AVIVA Insurance Ltd. Hencilla Canworth GI Ltd (Hencilla) manage the policy.

Eligibility

Members of the Musicians’ Union (MU) permanently resident in Great Britain, Northern Ireland, the Isle of Man and the Channel Islands. Note: You must maintain your subscription payments to the Musicians’ Union for cover to remain operative.

The Business

This policy is only operative whilst you are lecturing and teaching music.

Demands and needs

This policy meets the demands and needs of individual members that wish to protect against the financial consequences of liability claims resulting from errors and omissions arising from the teaching or lecturing of music.

Duration of insurance

The policy runs for 12 months from the 1st of January and is annually renewable by the MU.

Territorial limits

Worldwide provided that you are permanently resident in Great Britain, Northern Ireland, the Isle of Man, or the Channel Islands.

Policy cover

This policy will indemnify you in respect of any claim arising out of the conduct of your business as a music teacher or lecturer, first made against you during the period of insurance and notified in accordance with the claims conditions, for any civil liability including claimant’s costs and expenses arising from any negligent act, negligent error or negligent omission committed by you including the loss of or damage to documents.

Limit of indemnity

The limit of indemnity is £1,000,000 for any one member.

What is not insured

1. The first £1,000 of any claim (claims excess).
2. Bodily Injury of any employee whilst in the course of their employment with you.
3. Any other bodily Injury or loss of or damage to property unless arising from an alleged breach of professional duty in the conduct of your Business.
4. Any claim arising from any Collateral Warranty, Duty of Care Agreement or other contractual agreement in which You agree to a standard of care greater than that reasonably expected of your profession.
5. Any claim or loss arising from any defamation unless you can show that it was committed by you in good faith.
6. Any claim made against you solely in your capacity as a director, officer or trustee unless arising from an alleged breach of professional duty in the conduct of your Business.
7. Any claim or loss arising directly or indirectly from or caused by any dispute between you and any present or former employee or any person who has applied for or been offered employment with you.
8. Any claim or loss arising from the loss of or damage to Documents stored on a computer system unless such Documents are backed up with the intention that in the event of loss or damage the back up can be used as the basis for restoring the documents to their original status.
9. Any fines or penalties or any punitive, multiple, aggravated or exemplary damages where such can be identified separately within any award of any court or tribunal.
10. Any claim or loss arising from any manufacturing defect in any goods or products sold, supplied.
11. Any claim or loss where you are entitled to indemnity under any other policy except in respect of any excess beyond the amount which would have been payable under such insurance had this cover not been effected.
12. Any claim or loss arising directly or indirectly from or caused by the ownership, possession of (1) any aircraft, watercraft, hovercraft, motor vehicle or trailer (2) any buildings, structures, premises or land, or (a) that part of any building leased, occupied or rented by you, or (b) any other property (mobile or immobile) belonging to you.
13. Pollution any claim or loss arising directly or indirectly from or caused by Pollution.
14. Prior claims or Circumstances.
15. Any claim you were or should have been aware of prior to the inception of this cover.
16. Any claim or loss arising out of any act or omission prior to the Retroactive Date stated in the Schedule.
17. Any claim instituted or pursued in the United States of America or Canada.

Claims conditions

Members must give written notice of any claim or circumstance that may give rise to a claim (regardless of the policy excess) immediately and during the current period of insurance and no later than the 31^st of December of each year to kevin.harding@hencilla.co.uk and The Senior Claims Manager Aviva Corporate and Speciality Risk, Level 18, St Helen’s, 1 Undershaft, London EC3P 3DQ; 0207 157 2569.

You must not admit liability for or settle any claim or incur any related costs or expenses without the consent of insurers.

The MU members’ Tax Investigation Insurance Summary

Introduction

This is a summary only. For definitive information on policy cover, terms and exclusions please refer to the policy wording.

Name of the insurer

This policy is underwritten by Markel International Insurance Co Ltd via Markel Tax (formerly known as Abbey Tax) and arranged by Hencilla Canworth GI Ltd.

Eligibility

Members of the Musicians’ Union (MU) permanently resident in Great Britain, Northern Ireland, the Isle of Man, and the Channel Islands.

Important note

You must maintain your subscription payments to the Musicians’ Union for cover to remain operative.

Demands and needs

This policy meets the demands and needs of individual members that wish to protect against the financial consequences of a Tax Investigation or VAT investigation.

Policy cover

Except where stated below, this policy provides fee reimbursement of up to £125,000 in the event that one of the following HM Revenue & Customs (HMRC) investigations or disputes occurs in connection with a member’s activities as a musician trading as a sole trader, partnership or Ltd company.

Code of Practice 8 enquiries (£5,000 limit of indemnity) and Inheritance Tax enquiries (£5,000 limit of indemnity).

HMRC Enquiries and Disputes

1. A full enquiry by HMRC into a members Self-Assessment Return following the issue of a Notice under – S9A or S12AC of the Taxes Management Act 1970; or Paragraph 24(1) Schedule 18 Finance Act 1998 together with a request to examine all of your business books and records.
2. A full enquiry by HMRC into a members Self-Assessment Return following the issue of a Notice under – S9A of the Taxes Management Act 1970 into their non-business tax affairs, for example into rental income and/or interest received. This will be accompanied with a request to examine all of the prime documents.
3. An enquiry by HMRC which is restricted to one or more specific aspects of a members Self-Assessment Return following the issue of a Notice under – S9A or S12AC of the Taxes Management Act 1970.
4. An enquiry by HMRC which is restricted to one or more specific aspects of a members Self-Assessment Return following the issue of a Notice under Paragraph 24(1) Schedule 18 Finance Act 1998.
5. A dispute which takes place after HMRC have indicated an expression of dissatisfaction with the Designated Client’s PAYE, CIS, and/or NIC affairs following an Employer Compliance visit by HMRC or following an expression of dissatisfaction with a members P11Ds or P9Ds.
6. IR35 Dispute
   1. A Dispute which takes place when HMRC challenge the status of a members contract for services and invokes the IR35 legislation following either – the issue of a Notice under Paragraph 24(1) Schedule 18 Finance Act 1998; or – an HMRC Employer Compliance visit;
   2. or the issue of a ‘Check of Employer Records Letter’.
7. VAT Dispute
   1. A Dispute which takes place following a VAT control visit where a written decision, assessment or statement of alleged arrears is received from HMRC into a members Value Added Tax Return; or
   2. following the receipt of a notice of VAT default surcharge, misdeclaration or late registration penalty.
8. Schedule 36 Pre Dispute:
   1. A written request by HMRC under Sch36 FA2008 to inspect business records, assets or premises, including:
   2. inspections undertaken to ensure compliance with VAT and PAYE regulations
   3. inspections undertaken in relation to the operation of the Construction Industry Scheme. In the case of a personal taxpayer a request for the production of documentation to check their Income Tax position.
9. Code of Practice 8 Enquiries:
   1. HMRC Enquiries commenced under S9A or 12AC of TMA 1970 or Paragraph 24 (1) Schedule 18 FA 1998 accompanied by and conducted under HMRC’s Code of Practice 8 procedures. Provided that at conclusion of the enquiry no material omissions were identified and/or a member was not found guilty of fraud or any fraudulent intent.
10. National Minimum Wage Pre Dispute A written request by HMRC to inspect/check business records, including:
    1. inspections undertaken to ensure compliance with the National Minimum Wage Act
    2. requests for documents and particulars prior to the issue of an assessment of arrears or notice of underpayment.
11. Inheritance Tax Enquiries by HMRC into Inheritance Tax Returns submitted to Capital Taxes Office, including:
    1. matters relating to the periodic and proportionate charges applying to Trusts
    2. returns in respect of Estates of Deceased Persons provided the Policyholder holds a Probate License and submitted the IHT Return.

Duration of insurance

The policy runs for 12 months from the 1^st of January and is annually renewable by the MU.

Territorial limits

Enquiries and Disputes undertaken by HMRC into tax returns processed through the UK tax system.

Appointed representative Markel Tax will appoint one of its ex-HMRC Tax Inspectors or VAT officers to deal with any enquiry or dispute on your behalf. This policy will not pay for your accountant’s or tax adviser’s fees unless Markel Tax specifically request that your accountant/tax adviser provides information for which a fee will be agreed in advance. Any other fees charged by your accountant/tax adviser will be the member’s responsibility.

What is not insured

1. Any claim made, brought or commenced outside the Territorial Limits.
2. any claim where the Professional Expenses are capable of being reimbursed under any other policy or certificate.
3. Any incident, cause or event occurring prior to or existing at inception of this Policy
4. An Enquiry under Public Notice 160 or Section 60 of the VAT Act 1994 or any matters handled by HMRC Specialist Investigations, Fraud Investigation Service, Civil Investigations of Fraud, Counter Avoidance and Criminal Investigations Sections. Also, Code of Practice 9 cases and/or the defence of any tax and/or criminal prosecution.
5. Any claim made where:
   1. Income Tax or Corporation Tax Self-Assessment Returns are submitted more than 90 days after the statutory time limits, except where HMRC accept that a reasonable excuse existed for the delay or
   2. A member has not notified chargeability to tax to HMRC within the statutory time limits for doing so or:
   3. A Return is submitted at the final filing date which contains provisional figures in respect of all of the trading income and expenditure
6. An investigation arising out of a voluntary disclosure made to HMRC in respect of omitted tax, NIC or VAT liabilities which become due as a result of a members deliberate act or following an HMRC campaign where the Designated Client has made an incorrect Return to HMRC
7. Professional Expenses incurred before the written acceptance of a claim by Markel Tax
8. Taxes, fines, interest or any other duties or penalties imposed or assessed upon the member by any revenue authority, court or Tribunal
9. Any Dispute arising under the National Minimum Wage Act 1998 or Enquiries from HMRC and/or Department of Work and Pensions into a claim made by a member under the Tax Credits Act 2002
10. The cost of preparing and reconciling Returns, accounts, records or any other statutory returns, and the cost of professional valuations to support them. To include the reconciliation of VAT Returns to accounts, Construction Industry Scheme (CIS) Returns and Real Time Information (RTI) payment submissions.
11. Professional Expenses incurred in respect of:
    1. Any HMRC Enquiry into a tax planning arrangement where HMRC has allocated a Disclosure of Tax Avoidance Scheme (DoTAS) Number for inclusion on the relevant Self-Assessment Return or where a DoTAS Number would have been issued but for the failure to notify HMRC of the tax planning arrangement or
    2. Any matter relating to bespoke tax planning outside of the normal trade such as film partnerships or film schemes, or planning involving artificially created losses or loan arrangements or
    3. Cases referred to the General Anti-Abuse Rules panel.

Conditions

Reasonable precautions:

The member must take all reasonable measures to minimise the likelihood of a claim being made under this Policy and take all reasonable steps to minimise the cost of any claim.

Insurers’ consent

Insurers’ written consent must be obtained by the Policyholder before incurring Professional Expenses. This consent will be given provided Markel Tax is satisfied that there are reasonable grounds for representation and/or there are reasonable prospects of disputing HMRC’s decision or allegations. In Employer Compliance, IR35 or VAT Disputes, unless Schedule 36 Pre Dispute cover has been taken out, a request for further information following an audit or control visit does not constitute a Dispute; there must be a challenge into the Designated Client’s treatment of any tax, NIC or VAT matter.

Claims procedure

A claim must be notified in writing immediately the member becomes aware of any incident, cause or event which has or is likely to give rise to a claim under this Policy. Failure to notify during the period of insurance may lead to the claim being denied.

Initial notification of a claim must be made in writing by first class post, facsimile, or email, and be received by Markel Tax within the period of insurance by addressing it to Markel Tax, One Mitchell Court, Castle Mound Way, Rugby CV23 0UY. 0345 223 2727; deborah.leeman@markel.com; markeltax.co.uk