Notify Webber Insurance promptly if the business receives notice of a regulatory investigation, prosecution or other matter that may involve Statutory Liability Insurance.

Do not wait until the regulator has completed its investigation.

What should I provide? #

Useful information can include:

• Regulator correspondence.
• Notices or summonses.
• Details of the alleged breach.
• Date of the incident.
• Date the business became aware of the matter.
• Relevant internal records.
• Details of people involved.
• Previous communications with the regulator.

Should I appoint a lawyer immediately? #

Urgent legal assistance can sometimes be required.

Where practical, contact Webber Insurance before committing to substantial legal costs.

The insurer may need to:

• Confirm cover.
• Approve legal representation.
• Appoint a panel lawyer.
• Agree costs.

Should I respond directly to the regulator? #

Businesses need to meet applicable legal deadlines.

However, significant responses, interviews or admissions should be handled carefully.

Legal advice may be appropriate where a regulator is investigating a potentially serious breach.

Are penalties dealt with at the start of the claim? #

Usually the first issue is the investigation or defence of the allegations.

Whether any eventual penalty is insured can only be assessed against:

• The legislation.
• Policy wording.
• Findings.
• Circumstances.

What if the investigation does not result in a prosecution? #

Legal and representation costs may still have been incurred.

Whether those costs are covered depends on the policy’s investigation provisions.