OpenLegislation

Paragraph 3 Requirement to insure

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Every registered chiropractor practising as a chiropractor in the United Kingdom shall, whilst in practice, secure and maintain insurance against liability to or in relation to his patients in respect of the prescribed risks.

(2)

The insurance secured and maintained under this Rule shall indemnify the chiropractor for an aggregate sum for each period of insurance of not less than the prescribed amount, being an aggregate sum indemnified in respect of all claims against the chiropractor for whom the insurance is effected which fall within paragraph (5) and which are made against him during the period of insurance.

(3)

Any period of insurance for the purposes of paragraph (2) shall not exceed 12 months.

(4)

The insurance effected under this Rule shall provide perpetual cover in relation to things done (or negligently omitted to be done) after the policy of insurance concerned is first in effect (whether or not it is subsequently modified on any renewal) and which give rise to a liability comprising a prescribed risk, in a case where a chiropractor retires or dies while the policy is still in effect following its issue or any such renewal; but the policy may limit the total amount of the indemnity afforded in respect of such perpetual cover to the expiring residue of the aggregate referred to in paragraph (2) for the last period of insurance (that is to say, to the aggregate for that period after deduction of any liabilities in respect of claims counting against the aggregate under that paragraph).

(5)

For the purpose of calculating whether all or part of a claim in respect of a prescribed risk exceeds the limit of indemnity represented by the aggregate sum indemnified under paragraph (2) or the total amount of indemnity under paragraph (4), liabilities in respect of claims made against the chiropractor within the period of insurance in question, or (as the case may be) after death or retirement, and relating to any aspect of the chiropractor’s practice (whether or not comprising prescribed risks), including public and product liability, may be taken into account and counted against the aggregate or total; and the policy of insurance may make provision to the effect that claims attributable to one source or original cause may be treated as a single claim.

Notes on Schedule

Footnotes

f1

1994 c. 17.