⚠️ The Most Important Rule
In any insurable incident — injury, property damage, a liability claim, a data breach — your first call should always be to your insurer, not your lawyer, not your board, not your PR consultant. Your insurer activates the response. Delaying this call can affect your entitlement to cover.
Step 1 — Contact Your Insurer Immediately
Every policy includes an insurer contact number for claims. Call this number as soon as you become aware of any incident that may give rise to a claim. Don't wait to assess whether it will definitely result in a claim — notify promptly and let the insurer advise.
For public liability incidents (someone is injured at your event or premises), notify your insurer before engaging with the injured party's legal representatives. Do not admit liability or make any payment without insurer authority.
Step 2 — Document Everything
From the moment of an incident:
- Photograph or video the scene (for property or liability incidents)
- Get names and contact details of any witnesses
- Write a contemporaneous account of what happened — as soon as possible while details are fresh
- Preserve any evidence relevant to the incident (damaged property, records, communications)
- Do not alter or clean the scene before the insurer or their representative has assessed it
Step 3 — Contact Your Broker
Once you've notified your insurer, contact your broker. Your broker acts as your advocate throughout the claims process — they will:
- Confirm the notification has been received and logged correctly
- Help you understand what's covered and what the process will look like
- Manage communication between you and the insurer throughout the claim
- Advocate for a fair and prompt outcome on your behalf
- Follow up until the claim is fully resolved
Types of Claims — Specific Guidance
Public Liability Claims
If someone is injured or their property is damaged in connection with your organisation's activities: notify your insurer immediately. Do not discuss liability with the claimant or their representatives without insurer authority. Provide your insurer with all documentation of the incident.
Property Claims
For building or contents damage: notify your insurer before commencing any repairs (emergency repairs to prevent further damage are generally permitted). The insurer will appoint a loss adjuster to assess the damage. Obtain multiple quotes for repairs if requested by your insurer.
Trustee / D&O Liability Claims
If a trustee or board member receives a claim, letter of demand, or is informed of regulatory investigation: notify your insurer immediately, even before the claim is formalised. Do not respond to the claimant or regulatory body without insurer authority. Early notification is critical for D&O claims.
Cyber / Privacy Breach
If you suspect a data breach or cyber incident: notify your cyber insurer immediately. Do not attempt to remediate the incident without specialist guidance — your insurer will connect you with their cyber incident response team. The Privacy Act 2020 requires notification to the Privacy Commissioner of notifiable breaches — your insurer will advise on this obligation.
After the Claim
Once a claim is resolved, review your risk management practices with your broker. Significant claims often reveal gaps in procedures or controls that can be addressed to reduce the likelihood of recurrence. Your broker can arrange a post-claim review.
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