JOINT NEWS RELEASE   2                                                          September 2003

 

OPEN FORUM - INSURANCE IN ARBORICULTURE AND FORESTRY

 

The problems of liability insurance have been widely publicised. Representatives of forestry and arboriculture organisations ran an open forum session on insurance at the Arboricultural Association conference on 17 September and 80 contractors, consultants local government officers and other employers used this opportunity to find out more.  The forum was chaired by Jim Quaife (AA) and useful discussions went on for more than two hours in a positive atmosphere.  Naturally, there was an emphasis on arboriculture. 

 

Sadly, no one from Government accepted the invitation, but Bob Elam of the Department for Work and Pensions replied to at least some of the points raised in the joint representatives’ letter sent to government in August (see www.trees.org.uk/downloads/InsJntMPs.pdf )

 

David Hewitt of Algarve Insurance Brokers summarised the position (see www.trees.org.uk/downloads/InsFAQs.pdf) and Nick Eden (AA) explained the agreements and actions that the group of representatives had undertaken (see www.trees.org.uk/infopages/insurpr.htm) and read from the Department’s reply letter (currently seeking government permission to post at www.trees.org.uk/downloads/GovReply.pdf).  On the arboricultural side, a working party has agreed a health and safety standard which has been sent to insurers and brokers for their use (see www.trees.org.uk/downloads/InsAuditFin.pdf).

 

Barrie Hudson (FCA and FIDC) reported from the forestry perspective, suggesting that in some ways it might be easier to introduce a health and safety audit in forestry where it is estimated that 80% of harvesting is undertaken by just 11 companies. 

 

In addition, Chris Frankland read a letter from the President of the USA Tree Care Industry Association, which clearly demonstrated that the UK is not alone.  Indeed, problems were also quoted from New Zealand and elsewhere around the world.

 

Glenn Gorner (ISA) was concerned that the situation could jeopardise the implementation of Government initiatives for raising the standard of urban living: the Commission for Architecture and the Built Environment and CABE Space are encouraging better maintenance of trees and green spaces as well as the creation of more.  If insurance became unavailable contractors would not be able to trade.  Local authorities, RSPB, National Trust, Woodland Trust and in fact all tree owners and managers may not be able to fulfil their green space management responsibilities.

 

As well as questions, delegates pointed out various parallel initiatives such as the government’s Contractors Health & Safety Assessment Scheme (CHAS), which the representative organisations undertook to investigate.  Others forecast some of the likely implications of increased contractors charges, including the impact on local authority budgets and the likely increase in the number of uninsured “cowboys”. 

 

Anecdotal incidents of people successfully claiming for bizarre or self-inflicted incidents were recounted.  Brokers explained the difficulties of checking that claimants are not cheating and, to the amazement and dismay of all present, brokers explained that…    CONT. …video evidence is not admissible in court unless the suspected bogus claimant has been warned they are being filmed.

 

On a more positive note, it was reassuring to hear of a recent House of Lords decision in which five law lords were unanimous in overturning a case, declaring that “the compensation culture had gone too far and that people must take responsibility for their actions”.

 

There was some agreement in the room that insurers should invest some money in fighting such claims for the long-term benefit of liability policy-holders and insurers, although brokers explained that insurers generally made a commercial decision based on the cost of fighting versus the cost of the payout.

 

The Chairman concluded that contractors must take their own health and safety responsibilities seriously and that the representative organisations will continue to work together in exploring all possible avenues for a successful resolution.

 

The group of representatives meets again on 14 October to progress the issue - comments and suggestions are particularly welcome in advance of that meeting.

 

                                                                                                                                    ENDS

 

Notes for editors:

 

1. At the forum, the panel consisted of:

Chairman: Jim Quaife, Arboricultural Association

David Hewitt, Algarve Insurance Brokers

Nick Eden, Arboricultural Association

Jane Karthaus, Forestry & Timber Association

Barrie Hudson, Forestry Contracting Association and Forest Industries Development Council

Glenn Gorner, International Society of Arboriculture

Chris Frankland, Tree Care Industry Association

 

Also present and answering questions was Richard Bryant, Bryant Kesek Insurance Brokers.

 

2.  For further information from the organisations involved:

 

 

                                                            Website                                 Press contacts    

Algarve Insurance Brokers                Ltd         www.algarve-ins.co.uk                        David Hewitt Tel: 01483 489291

Arboricultural Association                www.trees.org.uk                                 Nick Eden Tel: 01794 368717

Forestry & Timber Association         www.forestryandtimber.org               Jane Karthaus Tel: 01668 213937

Forestry Contracting Association    www.fcauk.com                                    Gillian Gibson Tel: 01467 651368

Forest Industries Development Council www.fidc.org                  Peter Wilson Tel: 0131 220 9290

Health & Safety Executive                  www.hse.gov.uk                                  Adrian Hodkinson Tel: 02476 696518

Institute of Chartered Foresters        www.charteredforesters.org               Margaret Dick Tel: 0131 225 2705

International Society of Arboriculture www.isa-uki.org                                Glenn Gorner Tel: 0113 2375221

Tree Care Industry Association        http://www.treecareindustry.org/      Chris Frankland Tel: 0161 941 5410

(formerly National Arborist Association)

UK Forest Products Association      www.ukfpa.com                                    David Sulman Tel: 01786 449029

 

3.  The Contractors Health & Safety Assessment Scheme can be found at www.chas.gov.uk