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Professional Indemnity
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SAIT PROFESSIONAL INDEMNITY PROGRAMME

 

I. Essential Offering

The SAIT Professional Indemnity Programme provides a unique offering for the benefit of SAIT members so members can mitigate their legal claims risk at highly preferential rates. Tax professionals and tax technicians simply cannot obtain a better combination of value and price in terms of competing local professional coverage. This programme is being offered in proud association with Aon South Africa (Pty) Ltd (“Aon”) and Hollard Insurance Company (“Hollard”). Aon is a leading specialty insurance brokerage, and Hollard is a world class insurer.

SAIT believes that the promotion of good business practice and risk management is of paramount importance in terms of the tax profession as a whole. Through the collective buying power of SAIT, we have been able to secure highly competitive rates with the widest cover and lowest excesses. For clarity, SAIT is not purchasing cover on behalf of its members, SAIT has merely leveraged its scale of members as a group to bring forward the best offering so that each member can receive his or her own best individual policy. This individualization of policies means that each member’s cover will not be adversely impacted by another member’s claims even though these policies are being offered through the assistance of SAIT.

We note that membership participation in the SAIT Professional Indemnity Programme is strictly voluntary. However, we strongly encourage full participation given the great value at an unbeatable price. Members can now provide the highest level of client assurance that their services are backed by first class protection. We further note that the arrangement with SAIT has been designed exclusively for member benefit. SAIT is receiving absolutely no form of direct or indirect compensation to enter into this arrangement.


II. Basic Coverage

 

Technician Level

General & Master Level

Cover (in the aggregate)

R2,000,000

R5,000,000

Excess

R5,000

R10,000


Members with a general / master level designation will receive the above amounts of annual cover in terms of full professional indemnity coverage. Tax technician members will receive the above amounts of annual cover in terms of claims solely associated with tax-related services. Coverage for all sets of members exists on a worldwide basis with the exception of claims based on legal jurisdictions within North America (e.g. the United States and Canada). All of the above forms of coverage provide protection when a member pays compensation as well as legal fees and related expenses.

Members in need of higher-levels of coverage can obtain additional cover via standardized packages. These packages can raise the member cover limit to R10,000,000 or R15,000,000 per annum. The price for these additional top-up packages again cannot be in terms of value and price.

The SAIT Professional Indemnity Programme is further designed to ensure that the coverage offered adds value even if members have already coverage elsewhere via separate individual or group policies. In these scenarios, the SAIT Professional Indemnity Programme will act as “top-up” added cover as long as the member initially makes the claim via the separate policy.

Lastly, coverage extends beyond claims within the 12-month membership period. Coverage (known as retroactive cover) can potentially include incidents occurring 12-months prior to the applicable insured membership period. In addition, coverage (known as run-off cover) also extends for a period of 36-months after the applicable insured membership period.

III. Indirect Claims

The SAIT Professional Indemnity Programme recognizes that claims do not always directly arise between the SAIT member service-provider and the client. Claims may exist against a member who is an employee / owner of a company service-provider as opposed to a claim made directly against the member. To protect members against this risk, the entity itself will be included in the cover if a member is practicing under the name of a legal entity as long as the owners of that entity do not exceed four persons (please contact the insurer if your need extends beyond this limit). Claims protection also exists in terms of activities of subordinates and subcontractors.

IV. Other Forms of Coverage

The SAIT Professional Indemnity Programme provides for other others forms of coverage outside pure professional indemnity insurance. These forms of other coverage consist of protection against claims relating to employee dishonesty, computer crime, public liability, commercial crime, and directors’ / officers’ liability.

V. Related Service Offering

The SAIT Professional Indemnity Programme goes beyond a mere passive offering of insurance. The package specifically includes Legal Risk Management Services via a legal team under the management of Aon. The purpose of these services is to assist insured members in terms of day-to-day legal advice and contract vetting so as to prevent and mitigate potential problems. This assistance is intended to limit the possibility of claims in the first instance. This offering comes with various forms of training, publications and newsletters.

Other services of note consist of support in the case of business identity theft (from Hollard) and in the case of cyber-attacks (from Aon). In terms of the latter, Aon offers a special cyber diagnostic tool (see www.aoncyberdiagnostic.com).

VI. Policy Exclusions (What is Not Covered)

  • Claims made or notified after the policy has expired.
  • Deliberate acts of the member.
  • Claims or circumstances notified under any previous policy or which should have been notified previously.
  • Claims arising from work done prior to the retroactive date of your policy.
  • Fines and penalties.
  • Claims falling within the legal jurisdictions of North America.

VII. Policy, Administration and General Insurance Contact Information

Clarissa Rizzo

Landline: +27.11.944.7975
Fax:          +27.086.639.2771
Email:    clarissa.rizzo@aon.co.za

Brenda King

Landline: +27.11.944.7297
Fax:          +27.086.639.2607
Mobile:    +27.72.390.2102
Email:    Brenda.King@aon.co.za


* * * CLAIMS NOTIFICATION * * *

In order to access the SAIT Professional Indemnity Programme, insured members must properly notify Aon (the broker) so that claims can be properly managed

PRIME WARNING :  Avoid LATE NOTIFICATION. Members are at risk of a claim being repudiated if that member fails to notify Aon of claims as soon as the member becomes aware of an incident.

OTHER WARNINGS:

  • Do not negotiate with the claimant without the insurer's knowledge
  • Do not appoint your own attorney to deal with the matter before consulting with the insurer.
  • Do not make any admissions prior to consultation, and approval from, the insurer.

CLAIMS PROCESS:

  • If an insured member receives a written claim, letter of demand or summons (including any written or verbal communication from any person making the claim), the member must inform Aon immediately. This notification to Aon applies even if no formal demand has been made. Acting upon awareness of the incident is key. (Note: Notification to SAIT is NOT considered proper notification.)
  • An insured member must not admit liability even if that member believes that the member is partially or fully liable. Furthermore, the insured member must not settle or incur any costs / expenses for any claim without the insurer’s prior consent. The insurer is entitled (at any time) to take over and conduct the defense or settlement of a claim.
  • The member (at the member’s own cost) must render such assistance to the insurer or its appointed representatives as the insurer may require in order to investigate, defend or settle any claim. The member will fully and truthfully disclose to the insurer any information relevant to the claim.
  • Once the tool has been completed you can expect:

  • In terms of process, the member must initially provide: (i) the demand/summons/letter, (ii) a detailed statement with a substantiating document about the potential claims event as well as (iii) any other communications on the subject. The insurer will then assess the information provided and advise of further steps to be taken, including a request for further documentation, the appointment of a loss adjuster, an attorney or other specialist.

Aon Contact – Claims Notifications and Queries

Muhammad Sulliman
Landline: +27.11.944.7442
Fax:          +27.086.639.2704
Email:    muhammad.sulliman@aon.co.za

Marlon Daniels
Landline: +27.11.944.7512

 

WHY REGISTER WITH SAIT?

Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.

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