23-25 October 2024
Adelaide Convention Centre
Inspire. Innovate. Impact.
#ACCPANC24
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The Emerging Public Liability Insurance Claims Dilemma Facing Aged Care
Kim Gilbert possesses 40 years of extensive insurance industry experience. He began his career with a major national and international insurance company before transitioning to broking. Over the past 30 years, Kim has specialized in risk management and insurance broking for the aged care, disability, community services, and retirement living sectors in Australia.
Kim founded Minet Health Care Services and Jardine Health and Aged Care, establishing key industry initiatives such as the VillageWise Mutual Discretionary Fund.
In 2001, he launched Zenith Insurance Services, focusing on industry-specific solutions for the sector. Zenith’s acquisition by Lockton in 2022 marked a new chapter, reinforcing their shared commitment to delivering top-tier advice and service to niche markets.
Precis
The aged care sector is confronting a significant new governance challenge: a public liability insurance claims dilemma. This issue stems from a notable increase in recovery claims being pursued by workers’ compensation insurers against aged care service providers’ public liability insurers.
This trend is primarily manifesting through two types of recovery claims: host employer liability claims and inter-entity liability claims. The surge in claims is creating complexities for aged care service providers, potentially impacting their insurance coverage and financial stability. Addressing this dilemma requires careful attention to the evolving claims landscape and strategic risk management to mitigate its effects on the sector.
This presentation will explore the emerging issue in depth, offering valuable insights and practical strategies for providers to manage and mitigate the potential risks. Drawing from his extensive experience in insurance and risk management within the aged care sector, Kim will guide attendees through the complexities and potential implications of this pressing issue.
Key Topics of discussion will include:
1. Host Employer Liability Claims:
Using recent claims examples, Kim will explore the issue of host employer liability claims. He will explain the roles and responsibilities of host employers in the context of public liability, providing a clear understanding of how these claims arise and the potential impact on aged care providers.
2. Inter-Entity Liability Claims:
Kim will explain how organisational structures involving multiple separate entities are leading to recovery claims from workers’ compensation insurers against the public liability policies of the separate entities. This segment will delve into the complexities of how these claims arise and the financial implications for aged care providers.
3. Risk and Insurance Implications:
Kim will explore how this emerging trend is influencing public liability insurance, including the impacts on coverage, deductibles, and premiums.
4. Strategies to Mitigate Risk:
Kim will offer actionable advice on strategies that aged care providers can implement to reduce exposure to host employer and inter-entity liability claims.
This presentation aims to equip aged care service providers with essential insights into this significant emerging governance risk. Participants will gain a deeper understanding of the issue, enabling them to identify operational vulnerabilities, implement effective risk management strategies, and optimise their insurance policies for comprehensive coverage.
This will help them better mitigate financial risks and position their organisations for long-term viability in the current highly complex and challenging aged care landscape.
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