Landscape Designers & Managers

We were proud to be appointed AILDM’s preferred Broker in 2010. We have developed policies tailored specifically for the Landscaping & Horticulture industries. These policies cover all aspects of the Landscaping and Horticulture industry and provide exceptional benefits at very competitive premium rates.

In partnership with the Australian Institute of Landscape Designers and Managers (AILDM) and our Insurer, we have a purposefully packaged policy designed to provide cover members Professional Indemnity, Public and/or Products Liability and Management Liability exposures.

Standard Occupations include Arboriculture, Floriculture, Horticulture Advice, Consulting, Design, Maintenance, Education, Training and Research, Garden and Landscape Design, Garden and Landscape Construction, Parks & Gardens Management, Turf Management, and Pruning & Lopping to 5 metres in height. Any additional business activities can also be considered for acceptance.

Professional Indemnity Covers Explained

Professional Indemnity insurance is recommended for anyone who gives advice as a professional in their field, does any design work or is involved in Project Management. This policy will protect you where a customer/client relies on your design and/or advice and subsequently suffers a financial loss as a result of your error or omission for which you are legally liable.

Examples of Professional Indemnity claims are: A customer purchases the plants you have recommended and later discovers that they have an aggressive root system and are destroying underground pipes and the foundations. There would likely be a large claim for the rectification work and replacement of the plants, for which you would be held responsible. Similarly, if a landscaper followed your design plans and it is later discovered that insufficient drainage was incorporated into the plans, you as the designer would be held responsible for the customer’s flooded premises and not the landscaper.

In respect of Professional Indemnity Policies, we would like to highlight that they are on a Claims Made basis.

Claims Mademeans that the policy will only respond to claims first made against you, and reported to the Insurer within the Period of Insurance, regardless of when the work was carried out. If you let a policy lapse, you will no longer be able to claim for any work you have completed between your Retroactive Date (the date from which you have continuously held Professional Indemnity Insurance) and your current expiry date. If you are ceasing to operate, you could still be sued for financial loss and unless you continue with a “Run-Off” cover you would have no protection.

Liability Covers Explained

Liability Insurance covers you for amounts you become legally liable to pay for personal injury and/or property damage to other parties in the course of your business and/or products sold, supplied or delivered to your customers. It does not cover any financial loss if there is no property damaged or third party injured.

An example of Liability claims would be to be responsible for the cost of replacing a customer’s expensive pot/vase that is knocked over as you pass through their yard or your customer’s medical bills for an injury if they tripped over a bag or tools you had left on the ground.

Liability Policies are on an Occurrencebasis, which means that you must have had a policy in force at the date when the incident occurred, regardless of when the claim was made against you.

Management Liability Covers Explained

As the regulatory environment changes, Directors are often unaware of their full responsibilities at law.

This insurance, designed for privately owned companies, covers Directors and Officers, and Employees for claims made against them and/or the company arising out of any actual or alleged Wrongful Acts under the Companies Act, and Error or Omission, which is not covered by any other form of insurance such as Public & Products Liability and Professional Indemnity.

It provides protection for Directors and Officers personal assets, by indemnifying them for legal expenses in defence of a claim and damage and claimant costs awarded against them or the company, civil fines and pecuniary penalties and theft by an employee and associated costs.

The insurer provides legal advisors to assist in the defence of claims and arbitration and investigations.

Claims can also be brought by either the ACCC, ATO, ASIC, Administrators, Creditors, Shareholders and Competitors and employees.

Examples of the types of claims that might be brought against a company and its’ Directors are:

  • False, misleading, improper and deceptive conduct
  • WH&S prosecutions and enquiries
  • Unfair/wrongful dismissal, discrimination, harassment, wrongful failure to employ or promote
  • Defamation claims
  • Breach of intellectual property rights
  • Employee theft
  • Statutory fines and penalties

Other Services available for AILDM Members

We can also assist with your Business and Personal Insurance needs such as:

  • Boat & Trailer
  • Business Interruption
  • Business Property
  • Car – Private
  • Commercial Motor Vehicle
  • CTP (Green Slip)
  • Construction
  • Home & Farm
  • Home Owners Warranty
  • Income Protection
  • Management Liability (Directors & Officers Liability, Employment Practices
  • Liability)
  • Mobile Machinery
  • Personal Accident & Illness
  • Professional Indemnity
  • Public & Products Liability
  • Trade Debtors
  • Trade Tools & Equipment
  • Transit including Loading/Unloading
  • Travel
  • Workers Compensation

Please call us on 1300 13 60 55 or email landscape@midlandinsurance.com.au for a no-obligation, free assessment of your insurance requirements and a competitive quote.

For more information about becoming a member of AILDM please refer to their website www.aildm.com.au