Your legal liability to others.

Public Liability is the foundation of most business liability programmes. It generally protects the business when its activities accidentally cause bodily injury to another person or physical damage to somebody else’s property and the business becomes legally liable.

A visitor may be injured at the premises. An employee may accidentally damage a customer’s property. Work carried out by the business may cause injury or damage to a third party.

The important distinction is that traditional Public Liability generally revolves around bodily injury, physical property damage and legal liability. If no one is injured and nothing is physically damaged, another type of liability cover may be required.

Broadform Liability builds on this foundation. Depending on the insurer and policy, it may include or allow extensions for Products Liability, Defective Workmanship, Employers Liability, Care, Custody and Control, Warehousemans Liability, Products Inefficacy, Pure Economic Loss and various other exposures.

“Broadform” does not mean everything is covered. The policy wording, schedule, selected extensions, exclusions, limits and sublimits determine the protection.

Cyber Liability protects a business against legal liability arising when a cyber or data incident affects customers, employees or other third parties.

Typical events include hacking, stolen credentials, unauthorised system access, accidental disclosure of personal information, privacy breaches and other incidents that compromise data belonging to or relating to other people.

Claims may arise where customers, employees or other affected parties allege that the business failed to protect their information or that a cyber incident caused them loss. Cover may include legal defence costs, damages and settlements, subject to the policy wording.

Cyber Liability can also be important where the business faces privacy and data protection obligations under legislation such as POPIA. Regulatory investigation and defence costs may be covered under some policies, while fines and penalties depend on the wording and whether they are legally insurable.

Cyber Liability does not replace Professional Indemnity where the underlying allegation is negligent professional advice or service rather than the compromise of systems or data.

Environmental Impairment Liability protects a business against certain pollution and environmental exposures.

Events may include chemical spills, fuel leakage, contaminated soil, contaminated groundwater, discharges into waterways, fumes, waste leakage or gradual pollution discovered long after it began.

The financial consequences can include emergency response, investigation, containment, clean up, remediation, third party injury, third party property damage, legal defence and certain statutory costs where insured.

Environmental exposure cannot always be viewed through ordinary negligence alone.

Section 28 of South Africa’s National Environmental Management Act places duties on persons who cause, have caused or may cause significant pollution or environmental degradation to take reasonable measures to prevent, minimise and remedy it.

Depending on the circumstances, obligations may extend to owners, people in control of land and others with rights to use the land. The practical issue is that clean up may need to start before the legal argument about ultimate responsibility has been resolved.

Ordinary Public Liability policies exclude gradual pollution or provide only restricted cover for particular sudden pollution events.

Environmental Impairment Liability exists as pollution losses may involve specialist remediation, gradual contamination, regulatory intervention and significant long term costs.

The exposure is not limited to heavy industry. Manufacturers, farms, property owners, workshops, logistics businesses, warehouses, fuel users, waste contractors and chemical suppliers can all have material environmental exposure.

Product Liability protects businesses against claims arising when products they manufacture, import, distribute, sell or supply cause bodily injury or physical damage to somebody else’s property.

A defective electrical appliance may cause a fire. A faulty component may damage machinery. Contaminated food may make somebody ill. A defective tool may injure its user.

The exposure does not stop with the manufacturer. Importers, distributors and retailers can also face product related claims.

Ordinary Product Liability generally focuses on the injury or damage caused by the product rather than the cost of repairing, replacing or refunding the defective product itself.

South Africa’s Consumer Protection Act creates an additional legal exposure that makes Product Liability particularly important.

“Products and CPA” is not a separate insurance product. It describes an important legal exposure created by South Africa’s Consumer Protection Act.

Section 61 can make a producer, importer, distributor or retailer liable for specified harm caused by unsafe goods, a product failure, defect, hazard or inadequate instructions or warnings, irrespective of whether negligence is proved.

More than one party in the supply chain may also face the claim. This means that “we did not manufacture it” or “we were careful” may not end the matter. There are statutory defences and the facts are instructive as always.

The CPA also does not mean that every financial loss arising from a faulty product automatically falls under section 61. The nature of the harm remains important.

Product Liability insurance is therefore only one part of the solution. Quality control, product traceability, supplier agreements, warnings, instructions and contractual allocation of risk remain essential.

A product does not need to injure somebody or damage property to cause a serious financial loss.

Sometimes it simply fails to work.

Products Inefficacy cover addresses certain claims arising when a product fails to fulfil its intended function and that failure causes financial loss without bodily injury or physical property damage.

A water treatment chemical may fail to treat the water. A sealant may fail to seal. A fire suppression product may fail to perform. An ingredient may fail to achieve its intended result. The central exposure is performance rather than physical damage.

This is essential as conventional Product Liability generally focuses on bodily injury or physical property damage.

Products Inefficacy wordings can be tightly drafted. The exact trigger, definition of failure, type of financial loss and relationship between the product and the customer’s loss require careful attention.

Products Financial Loss addresses purely financial loss arising from a product where nobody has been injured and no physical property has been damaged.

The wrong component may be supplied and cause production delays. Incorrect material may create additional manufacturing expense. An unusable product may cause lost production or lost revenue without damaging anything physically.

The terminology is not completely standard across the insurance market. Some insurers provide a specific Products Financial Loss or Pure Economic Loss extension, while others address parts of this exposure through Products Inefficacy or other specialist wording.

Pure economic loss also raises important legal questions under South African law. A financial loss does not automatically become recoverable merely as it was caused by another party. The contract, wrongfulness, legal duty, causation and particular facts may all matter.

Insurance wordings may also distinguish between the value of the defective product itself and the customer’s consequential financial loss.

Product Guarantee addresses the contractual promises a business makes about what its product will achieve.

A business may promise a particular lifespan, output, efficiency, durability, capacity, quality or performance level.

That promise may appear in a supply agreement, quotation, tender, technical specification, warranty document or marketing material.

The exposure differs from ordinary Product Liability. The customer may have a contractual claim as the promised result was not achieved even where the manufacturer exercised reasonable care.

Insurers therefore treat Product Guarantee very cautiously. Poorly structured insurance could effectively transfer normal manufacturing quality, commercial performance and warranty obligations to the insurer.

Product Guarantee remains a specialist exposure and availability is severely limited in South Africa, as it can turn an insurer into the backer of a business’s commercial promise, production quality and pricing decision. It should never be assumed to form part of ordinary Product Liability.

The wording of the business’s guarantees should therefore be reviewed alongside the insurance policy. A sales department can unintentionally create liabilities the insurer never agreed to insure.

Product Recall insurance addresses the costs of removing affected products from the market following a defined insured event.

A serious product problem may require immediate action before anybody has suffered injury or lodged a damages claim.

Products may need to be traced, removed from shelves, collected from distributors, returned by customers, transported, quarantined, stored, tested, destroyed or disposed of. Customers and regulators may also need to be notified.

Basic Product Liability does not automatically pay these costs.

The policy trigger is critical. A voluntary withdrawal, ordinary quality problem or commercial decision to replace stock does not necessarily amount to an insured recall.

Broader specialist policies may include replacement expenses, crisis management, business interruption and other related costs, but the actual cover depends on the wording.

Product Contamination insurance is specialist protection against the financial consequences of contaminated or maliciously tampered products.

It is particularly relevant to food, beverages, pharmaceuticals, cosmetics, ingredients and other products that are consumed, ingested or applied to people.

Contamination may arise from bacteria, chemicals, foreign material, incorrect ingredients, packaging failure, accidental contamination or malicious interference.

The resulting exposure may extend far beyond the value of the contaminated stock.

A business may face testing expenses, recall costs, disposal, loss of production, crisis management expenses, customer communication and reputational damage. Certain specialist policies may also address malicious tampering, extortion and related crisis exposures.

Product Contamination differs from ordinary Product Liability as the business may need to respond long before anyone has been injured or made a legal claim.

Professional Indemnity, often called Errors & Omissions or E&O, protects businesses and individuals whose professional advice, design, expertise or services can cause a client financial loss.

Claims may arise from incorrect advice, negligent design, an error or omission, failure to meet a professional standard, failure to warn or delivering a professional service incorrectly, incompletely or too late.

An accountant may make a material error. An engineer may produce a defective design. A consultant may give advice that causes financial loss. An insurance adviser may fail to arrange requested cover.

Unlike traditional Public Liability, the loss may be purely financial. No one needs to be injured and no property needs to be physically damaged.

Not every business providing advice is necessarily operating as a traditional professional practice.

A manufacturer may recommend which product a customer should use. A supplier may suggest a specification. An installer may advise a client on which system is suitable. Some liability policies provide limited cover for incidental negligent advice where that advice forms part of the insured’s ordinary business activities.

That should not automatically be treated as a substitute for full Professional Indemnity. Where advice itself is a significant part of what the business is paid to provide, specialist Professional Indemnity should be considered.

Treatment Liability addresses claims arising from professional treatment, care or services that may cause injury to another person.

Depending on the occupation and policy, this may be relevant to health, beauty, wellness, therapeutic or other treatment businesses.

The exposure differs from ordinary Public Liability as the injury arises from the treatment or professional service itself rather than an everyday accident at the premises. And treatment or professional services is usually a standard exclusion under Public Liability.

The exact cover required depends heavily on the profession, regulatory environment and nature of the treatment being provided.

Trustees Liability protects trustees and other defined insured persons against certain claims arising from decisions, errors, omissions or breaches of duty committed while carrying out their governance responsibilities.

For a sectional title body corporate, trustees exercise the powers of the body corporate and owe fiduciary duties in performing that role. Claims may arise from allegations of financial mismanagement, acting outside their authority, failing to act when required, arranging proper insurance, making an incorrect decision or otherwise breaching their duties.

Depending on the wording, Trustees Liability can provide cover for legal defence costs, settlements and damages where an insured trustee becomes legally liable.

For sectional title schemes, the body corporate may also have an obligation to indemnify trustees against certain costs and liabilities arising from the proper performance of their duties. Trustees Liability can therefore protect both the individual trustee and the organisation standing behind that trustee.

Trustees Liability is not the same as Public Liability. Public Liability generally concerns injury or damage arising from the activities of the organisation. Trustees Liability concerns governance decisions and the personal exposure of the people making them. It is also not Fidelity or Crime cover, which deals with theft, fraud or dishonest appropriation of money.

The word “trustee” must be treated carefully. A sectional title trustee, an HOA committee member, a trustee of a private trust and a retirement fund trustee do not necessarily have the same duties or require the same insurance.

Directors and Officers Liability, commonly called D&O, protects directors, officers, executives, managers and other defined insured persons when they are personally accused of wrongful acts arising from decisions, actions or failures in managing an organisation. Its primary purpose is to protect the individual. If an insured person is sued, investigated or held personally liable for something done in their management role, D&O can respond to defence costs, legal expenses, settlements or damages, subject to the policy terms. In real terms, it helps protect the individual’s personal assets when a management decision becomes a personal liability claim.

Claims may involve allegations of breach of duty, mismanagement, incorrect representations, regulatory failures, financial reporting errors, failure to exercise authority properly or other management decisions that allegedly caused loss.

One of the most important elements of D&O is legal defence costs. A director does not have to be found liable before the allegation starts costing money.

The definition of an Insured Person is critical. Managers, executives and other people exercising significant management authority may have exposure even where their job title does not contain the word “director”. D&O differs from Professional Indemnity. D&O concerns decisions made in managing the organisation. Professional Indemnity concerns professional services delivered to clients.

This distinction is important as a company is a separate legal entity with its own assets, while a director found personally liable must pay damages out of their own wealth, their house, savings and investments are on the line. The policy is issued in the company's name, but the individuals running the business are the ones whose personal wealth is being shielded.

Why South African Directors Face Personal Risk

South Africa's Companies Act 71 of 2008 is unusually direct about placing personal liability on directors and this is the single biggest reason D&O cover exists in this market. Sections 76 and 77 set out fiduciary duties and the consequences of breaching them and these duties apply equally to directors of private companies, non profits, sectional title bodies (body corporates), and state owned entities, not just large listed corporations. A director can be held personally liable for breach of fiduciary duty, failing to disclose a financial interest or acting outside the powers granted by the company's Memorandum of Incorporation, even where there was no dishonest intent.

Historically this was not the case. Under the old 1973 Companies Act, courts held that a company could not indemnify a director against claims for breach of duty and any D&O style insurance paid for by the company was legally void, directors had to buy such cover personally, out of their own pocket, if they wanted it at all.

The 2008 Act changed this fundamentally. Section 78(7) and 78(8) now expressly permit a company to purchase insurance protecting a director against liability and to protect the company against its own indemnity obligations to that director. This legislative shift is why D&O has moved from a niche product to a standard governance requirement for South African boards.

It is not only Directors

Formal company directors are the obvious people at risk, but they are not necessarily the only ones.

Depending on the organisation and the policy wording, exposure and cover may extend to prescribed officers, executives, non executive directors, employees acting in a management capacity and people appointed to outside boards on the company’s behalf.

A job title alone does not automatically make someone personally liable or insured. The practical question is whether you have real authority to influence, approve or implement important decisions. If you regularly sign off budgets, contracts, financial statements, appointments, strategy or compliance decisions, it is worth checking whether you are both exposed and properly included in the policy.

The policy schedule and definition of “insured person” are more important than the job title on your email signature.

The Three "Sides" of a D&O Policy

D&O cover is structured around three components, commonly labelled Side A, B, and C. Understanding this structure is the key to understanding what you are buying.

Side A — Pays the director directly, out of the policy. It triggers when the company cannot or will not indemnify the director e.g., the company is insolvent, in business rescue or legally barred from indemnifying (such as under Section 78 restrictions)

Side B — Reimburses the company. It triggers when the company has lawfully indemnified the director itself and needs to recover those costs from the insurer

Side C — Protects the company itself and covers securities claims brought by shareholders over the sale or purchase of shares, far more relevant to listed companies than private ones and usually only granted on request.

Side A and B cover are typically included automatically in a South African D&O policy, while Side C is considered separately and depends on the insurer's assessment of the specific risk. It is rarely relevant for privately held or unlisted businesses.

What happens if the company cannot help?

The most important part of D&O for an individual is often called Side A cover. This is the part designed to protect directors personally when the company cannot indemnify them.

That can happen if the company is insolvent, in business rescue, unwilling to assist or legally unable to reimburse a director.

In those circumstances, the company may have no money left to fund the defence. The director, however, may still be personally named in the claim.

Side A is the personal lifeboat. It is the cover that is essential when the business is in trouble and the people who made its decisions are left holding the legal bill.

What Triggers a Claim

A D&O policy responds to what the industry calls a "Wrongful Act”. Essentially an error in judgment, an omission, a misstatement or a breach of duty that causes loss to someone else.

Crucially, the policy is triggered the moment an allegation is made, not only once guilt is proven, this is important as legal defence costs mount immediately, win or lose.

Claims can come from a wide range of sources, namely shareholders, employees, creditors, customers, competitors, or regulators and can take the form of a written demand, a civil lawsuit, a criminal proceeding, a regulatory investigation or arbitration.

Common triggers South African insurers list include breach of fiduciary duty, mismanagement, negligence, misrepresentation, unfair trade practices, Consumer Protection Act violations and unintentional infringement of copyright or trademark rights.

What a D&O policy typically will not cover is bodily injury or property damage claims (those fall under general/public liability), and it will not indemnify deliberate fraud, dishonesty or criminal conduct once that has been proven in court, though defence costs are usually advanced while the matter is still an allegation, with insurers recovering those costs later if guilt is confirmed.

A claim can be wrong and still cost a fortune

A person does not have to be guilty to need D&O insurance.

Claims can be mistaken, opportunistic, politically motivated or simply unfair. But once a director is personally accused of doing something wrong, the legal process starts costing money long before anyone knows who is right.

That is why defence costs are often the most valuable part of a D&O policy. Attorneys, advocates, forensic accountants, experts, investigations, document reviews and court applications can cost millions of rand. A good policy can pay or advance those costs while the allegation is being defended, subject to the wording.

Fraud and deliberate dishonesty are never things insurance is designed to reward. If they are finally proven, cover for the guilty person will generally fall away. But an allegation is not a conviction. The important practical question is, who pays for the lawyers while that is being established?

Who Is Covered

Cover extends well beyond the people who hold the formal title of "director."

Most South African D&O policies extend to past, present and future directors and officers, employees acting in a managerial or supervisory capacity, outside directorships held on behalf of the company, trustees, members of close corporations and even retired directors.

Many policies also extend automatically to a director's lawful spouse if a claim against the director includes a claim against the spouse and to the estates or legal representatives of directors who have since passed away. So, anyone sitting on a board, whether of a trading company, or a non profit carries this exposure personally, regardless of how small the organisation is.

One bad actor should not sink the whole board

Imagine one director acts dishonestly, but the other directors genuinely know nothing about it.

A poorly drafted policy could allow that person’s wrongdoing or knowledge to contaminate cover for the entire board. This is why a feature called severability, also known as non imputation, is key.

A strong D&O policy treats each insured person separately. In practical terms, one director’s dishonesty, non disclosure or knowledge should not automatically be attributed to innocent directors, officers or managers. It will not protect someone who knew, participated or deliberately kept silent. But it can protect the people who acted honestly and had no knowledge of the wrongdoing.

This is not a detail to leave to chance. Ask specifically how the policy handles severability in the proposal form, exclusions and clauses.

What a Policy Pays For

D&O is not only about paying damages after a court case. Its most practical benefit is often paying for the fight before the court decides anything at all. A shareholder, creditor, employee, regulator or competitor can allege that a director made a negligent, misleading or improper decision. The allegation may be weak, unfair or completely wrong. But responding still requires attorneys, advocates, experts, documents and time.

Many quality D&O policies can advance defence costs while the allegation is defended. If fraud or dishonesty is eventually proven or admitted, cover will generally not apply to that person. But an allegation is not a conviction. The distinction matters as defending the case can cost millions.

Beyond the core promise to cover legal defence costs, settlements, and court awarded damages, established South African D&O wordings bundle in a range of practical extensions that matter in a real crisis.

• Legal defence costs, including expert witnesses and investigation costs, advanced even before guilt or innocence is determined
• Court judgments, damages, and negotiated settlements
• Public relations expenses to manage reputational fallout from a press or social media attack
• Bail bond costs and extradition proceeding costs in serious matters
• Cover for new subsidiaries added during the policy period and for shareholder claims
• Reimbursement to the company where it has already indemnified the director (Side B)

Some insurers, layer in more advanced protections through newer product generations, for example, giving each individual claim a fresh policy limit rather than eroding one shared limit, covering individuals during regulatory investigations even before formal charges and offering emergency funding if a director's personal property is confiscated during a probe.

What D&O does not replace

D&O is an important policy, but it is not a universal answer to every risk involving a director.

It does not replace professional indemnity insurance for bad advice or professional services, cyber insurance for data and ransomware events, employment practices liability insurance for employment related allegations, fidelity/crime cover for theft or public liability insurance for injury and property damage claims.

It may also exclude or restrict matters involving known circumstances, deliberate dishonesty, illegal personal profit, criminal fines and penalties, pollution, bodily injury, property damage and some regulatory exposures. The exact answer depends on the wording.

If somebody says, “D&O covers everything a director does,” be very cautious. Good insurance advice identifies the gaps between policies before a claim does.

How Limits, Premiums and Claims Basis Work

D&O policies in South Africa operate on a "claims made" basis, meaning the policy in force at the time the claim is made responds, not the policy in force when the wrongful act occurred. This makes continuous, uninterrupted cover important, a gap in renewal can leave a director exposed for an old decision.

Limits of indemnity are commonly structured on either a straight aggregate basis (once the limit is used up across all claims in the period, cover is exhausted) or an aggregate plus reinstatement basis, which tops the limit back up after it has been used, often up to a stated cap.

South African brokers report being able to place D&O limits up to R500 million in the annual aggregate for larger risks, typically structured across layered programmes with multiple insurers sharing the risk. Retroactive cover, protecting against wrongful acts that occurred before the policy started but are only claimed against later, can usually be purchased for up to two years back. Side A and B cover typically carries no deductible, since the point is to protect the individual's own pocket, while Side C (aimed at the company, not the person) usually does carry one.

The renewal date matters more than you think

As mentioned above, D&O policies are usually written on a claims made basis. This means the policy generally responds when a claim is made against you and notified to the insurer, rather than when the original decision was made.

A decision made three years ago can therefore create a claim today. If the policy has lapsed, the retroactive date has changed, the insurer has changed without proper continuity, or an existing concern was not disclosed before renewal, the policy may not respond. A gap in D&O cover can leave yesterday’s board decision uninsured tomorrow.

For this reason, renewals should not be treated as a routine premium exercise. The retroactive date, continuity of cover and disclosure of any known circumstances require the same attention as the limit and premium.

How much cover is enough?

There is no universal D&O limit that suits every business.

The correct limit depends on the company’s size, turnover, debt, asset base, number of decision makers, industry, regulatory exposure, shareholders, creditors, historic transactions and the potential severity of a dispute.

Start with the cost of defending several people at the same time. A serious dispute can involve attorneys, senior and junior counsel, forensic accountants, experts, investigations, document discovery, court applications and appeals. Legal costs can consume a multi million rand limit long before any damages or settlement payment is considered.

Remember that the policy limit is usually shared by all insured people and that defence costs often erode that same limit. The key question is not only, “What settlement might we face?” It is also, “Can this limit defend every person who may be named in the claim?”

Key Takeaways for Board Members

The core message for any client sitting on a board of a trading company, or an NPO is that personal liability under South African company law is real, broad and not limited to large listed companies.

D&O insurance does not make a director immune from consequences of genuine fraud or criminal conduct, but it does fund the very expensive process of defending against allegations, protects personal assets when the company cannot or will not indemnify and buys time and expert legal support while a matter is resolved.

Given how broadly claims can arise, from an unhappy shareholder, a regulator, a competitor, or even an employee, any individual serving in a governance role without this cover is carrying a meaningful, uninsured personal financial risk.

Questions to ask before buying or renewing D&O

Below is a complete D&O renewal and purchase checklist, with the answer you should seek for each point.

It is deliberately practical, use it to check your broker, insurer and policy wording, we strongly recommend never using a D&O marketing brochure as a cover and risk benchmark.

Insured persons and roles

Core protection

Defence and investigations

Claims, continuity and reporting

Conduct and severability

Scope and exclusions

Limits and programme design

The final risk question

D&O Risk Score Assessments

Employment Practices Liability protects the business and depending on the policy, individual decision makers against claims arising from the way employees or job applicants are treated.

Allegations can include unfair dismissal, discrimination, harassment, unfair disciplinary action, failure to promote, victimisation, defamation and other unfair employment practices.

It is not the same as COIDA, which deals with occupational injury and disease. It is also different from ordinary Public Liability. Public Liability generally concerns injury or property damage to third parties, while Employment Practices Liability concerns employment decisions and workplace rights.

There can be overlap with D&O where senior management decisions lead to an employment claim, but the two covers are not interchangeable.

Defective Workmanship Liability addresses the consequences when completed work is defective and that defect causes injury or damage to other property.

Faulty electrical work may cause a fire. Incorrect plumbing may cause water damage. An installed fitting may fail and injure somebody. Incorrectly installed equipment may damage other machinery.

The critical distinction is between the defective work itself and the damage caused by that work.Liability insurance will often be designed to respond to resulting third party injury or property damage rather than simply paying the contractor to correct poor work. In simple terms, the insurance may respond to the ceiling damaged by a leaking pipe without paying for the contractor to redo the defective pipe installation.

This differs from Professional Indemnity, which generally concerns faulty advice, professional services or design rather than physical workmanship.

Care, Custody and Control Liability, commonly called CCC, addresses property belonging to other people that is in the possession or control of the business.

This risk differs from accidentally damaging a stranger’s property. The customer has deliberately handed the property to the business.

A normal Public Liability policy often excludes property in the insured’s care, custody or control, as the insurer needs to understand the values involved, security, storage conditions, handling procedures, accumulation at one location and the contractual responsibility being accepted.

CCC Liability may respond where customer equipment is damaged during repair, goods are damaged while being handled, a vehicle is damaged while in a valet’s possession or customer property is lost or stolen while being held by the business.

CCC is an insurance description. It does not itself create the legal responsibility.

The underlying relationship between the parties may amount to a deposit or bailment. In certain circumstances, a business holding goods for reward may have to explain the loss and show that it was not caused by its negligence. That does not make the business an automatic insurer of the property. The contract, facts and legal circumstances remain important.

Warehousemans Liability is particularly relevant where a business stores goods belonging to customers.

The exposure can become substantial as large values belonging to several customers may accumulate at one location.

Goods may be damaged by fire, theft, water, incorrect handling, poor storage, temperature control failure or other events.

Warehousemans Liability is not the same as insuring the customer’s goods on an all risks basis. It generally addresses the warehousemans legal liability for those goods according to the policy wording.

The storage contract is therefore extremely important. Limitations of liability, indemnities, waivers and other contractual conditions can materially affect the legal exposure and the insurance response.

Where the goods enter transit, Carriers Liability or another transport related form of cover may be required.