Professional Indemnity: Back on to the Performers List

MIAB were able to get Dr D back onto the GP Performers List and undertaking usual duties after his previous insurer’s indemnity cover was deemed inadequate and he was subject to a ‘Fitness to Practise’ hearing.

“Having had a lot of difficulty and problems with NHS England preventing me from going back to work, MIAB made all the necessary arrangements and adjustments to my policy which has got me working again.”

- Dr D

Dr D was tied into a policy with a competitor that provided limited indemnity, excluded cover for Run Off and included a policy excess that made the cover prohibitive for a number of reasons. Due to this, the nature of the cover was deemed inadequate by NHS England. Dr D came to MIAB for assistance after we were recommended by a Locum agency.

Dr D contacted our indemnity team, but due to his existing cover, was unable to insure with us, as it precluded him from doing so without paying the remainder of his cover in full – an option that was not possible for Dr D at the time.

One year on, in May 2017, Dr D’s original indemnity policy expired and he returned to MIAB for a quote. We were able to source terms that were considerably better than had been previously quoted from past insurers and included an acceptable excess. Further to this, we were able to secure a full £10 million Limit of Indemnity (the minimum NHS England requirement).

Dr D was recently the subject of an NHS England hearing to get him back onto the Performers List where his new policy and necessity for indemnity came under scrutiny. His underlying Limit of Indemnity, which is connected to his retroactive cover date, was challenged, so we liaised with our insurers to have this increased from £100,000 to £1 million. We have since revisited his policy cover, under specific request of the courts, to further increase the sub-limits for additional retroactive dates to £10 million, as well as amend the retroactive cover date itself.

Our policy was tested during Dr D’s presentation to NHS England during his Performers List Decision-making Panel hearing, where they accepted his £10m overall limit, excess and claims-made nature of the policy. Dr D was put back onto the Performers List and able to return to work.

“Everything with MIAB has been perfect. When I had to attend a panel appealing the conditions that NHS England had proposed for me, Monty [Montrose] made sure he was available for the whole day for the barrister to call numerous times for clarifications. He was absolutely fantastic.”

Dr D

If you are looking for Medical Malpractice cover, contact our Specialist Insurance Adviser, Montrose Bill on 01438 870735, or montrose.bill@miab.co.uk to find out how we can help you.