Insurance news from the MAV. 
MAV Insurance Bulletin

Issue 16: February 2014
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In this issue:

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New MAV Insurance staff
Contractor agreements and suggested insurance/ indemnity clauses
Assistance with Road Management Plans
Member water corporation consultation meetings
SES Community Emergency Risk Assessment update
VAGO Asset Management and Maintenance by councils report
Liability Mutual Renewal update

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New MAV Insurance staff

We welcome Charley Ferguson, who has joined the MAV Insurance claims team as a senior claims consultant. Charley replaces Robert Davidson who retired after 19 years of service. We thank Robert for his dedication and contribution over the years.

Charley comes to us with a solid background having worked in the insurance field, both in London and at a large specialist legal firm in Brisbane.

Charley can be contacted on (03) 8664 9305, or via email.

Contractor agreements and suggested insurance/ indemnity clauses

Members will recall that we reported in the December Insurance Bulletin on the recent court decision in the MAV Insurance case of YMCA and Nillumbik ats Balassone and that we followed this up with some suggested learnings in a circular.

One of the key issues coming out of the case related to the wording of the insurance and indemnity clauses in such agreements.

This is relevant in circumstances where you may want the contractor to take out insurance on your behalf as a term of the agreement. To assist members in this regard and taking into account some of the learnings from the Balassone case, we have developed some suggested wording for these clauses.

It is specifically recommended that members avoid such clauses that seek to place an obligation on you to approve the contractor’s choice of insurer or terms of their policy.

Members are encouraged to attend the March Best Practice Forums where Olivia Warwick from Minter Ellison, who ran the Balassone case on behalf of MAV Insurance, will be presenting in more detail on the case.

For further information please contact Frank Loschiavo or John Smith.

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Assistance with Road Management Plans

We recommend that whenever members are reviewing their Road Management Plans that you contact us before a draft is provided for public comment.

We are keen to assist you in the process by providing feedback from a legal, risk management and claims perspective.

For further information please contact John Smith.

Member water corporation consultation meetings

MAV Insurance will meet with some of our water corporation members for scheduled catch ups.

On top of any topics that members might like to address, we will also cover topics such as the LMI scheme performance and structure, risk management, claims handling, the international reinsurance market and insurance pricing trends.

We encourage any other water corporation members who would like a similar one-on-one meeting to contact James Cleaver.

SES Community Emergency Risk Assessment update

The Victorian SES has released an updated Community Emergency Risk Assessment (CERA) product.

The approach is based on key sources listed below:

  • Existing single hazard risk assessments
  • New or existing community profile information
  • Subject matter experts and local communication representatives.

 Visit the website for more information.

VAGO Asset Management and Maintenance by councils report

The Auditor General has released his report into Asset Management and Maintenance by councils.

The report correctly identifies that councils are facing ongoing challenges to maintain $73 billion worth of community assets.

It concludes that there is a pressing need for councils to balance asset renewal spending against a sustainable level of service delivery.

In recent years councils have significantly strengthened their capacity to manage assets. The need to accelerate progress in asset management practices must be balanced with the costs to be incurred by ratepayers to achieve this.

The MAV broadly supports the Auditor General’s seven recommendations directed at councils.

The current focus of our STEP asset management program aligns with the priorities identified by the Auditor General and we will continue working with councils to ensure ongoing improvement in asset management practices.

The recommendations contained within the report may be of interest to risk managers.

Liability Mutual Renewal update

MAV Insurance is in the process of organising reinsurance coverage for our Liability Mutual Insurance (LMI) public liability and professional indemnity scheme for 2014-15.

We encourage all members with an interest in reviewing their deductible structure to contact us shortly to discuss potential options.

As reinsurance negotiations are about to commence, we have an ideal opportunity to present different deductible options to the market and achieve contribution savings to the scheme’s members.

If you are interested in discussing alternative deductible options, please contact Owen Harvey-Beavis.


Best Practice Forums – Round One

The first round of forums for 2014 will be held in March throughout Victoria.

For recommendations of potential speakers / topics for the forums, please contact Sharyn La Rocca.

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Tasmanian MAV Insurance Conference: save the date

The 2014 MAV Insurance Conference will be held on 8-9 May, and will be returning to St Helens.

For queries or suggestions for the upcoming conference, please contact Sharyn La Rocca.

Victorian MAV Insurance & Risk Conference: survey

LMI is seeking council feedback to assist in planning for our upcoming Victorian conference, to be held in October.

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