Haylett & Associates Limited

Haylett & Associates Limited

150 Minories
London
EC3N 1LS

Tel: 0207 264 2241
Fax: 0207 264 2243
Email: gary.haylett@haylett-associates.com

*** PROFESSIONAL RISKS CLAIMS MANAGEMENT***

Haylett & Associates has evolved from a unique blend of experiences to offer cutting edge alternatives to fulfil your claims handling and risk management objectives.

We have devised protocols harnessing technology to allow a comprehensive cost advantageous solution to an ever increasingly complex and expensive burden on your business.

Our key belief is that everybody has their own individualistic requirements and desires. You can achieve what you want. We have the in built flexibility within our protocols and technology to enhance our own research and development, to tailor our services to your profile.

Our desire is to discuss your individual circumstances with you, and utilise our experience to help you meet and exceed your goals.

We look forward to meeting with you.

Gary Haylett
Managing Director

***WHAT CLIENTS AUDITORS SAID***

"the company operates with a strong hands-on approach"

"Haylett's approach was designed to avoid instructing Solicitors unless this was essential"

"there was a clear indication that the approach would be to drive the claims to realistic and commercially sound settlements. These methods are likely to result in savings on defence costs that would otherwise be incurred by the more extensive instruction of solicitors"

"those handling the claims are highly motivated and of a calibre beyond that normally anticipated in an outsource facility"

*** KEY PERSONNEL***

Gary Haylett

Gary has specialised in Professional Indemnity disputes for many classes of Professionals since 1979. Since the late Eighties he has had the responsibility of a Claims Manager within a specialist professional indemnity Broker. Gary was Director of Architects and Professional Indemnity Agencies Limited (APIA), RIBA Insurance Agency Limited, and Heath Lambert Professional Risks.

Gary’s primary speciality is Professional Indemnity, although handling claims against Insurance Brokers broadened this field. Directors and Officers claims have also featured large over the last decade. Managing large and complex clients and claims has been key to establishing management protocols for individual clients claims. Equally, having always remained active in handling claims for small and medium sized practices, provides the background of the majority of professionals and claims, which affects the protocols on a scheme basis.

A decade responsible for managing claims for Lloyd's and Company Underwriters under binding authorities for Surveyors and Insurance Brokers, gave invaluable knowledge of an Underwriters requirements. Gary was also a driving force behind the creation of the claims protocols for the Royal Institute of British Architects bespoke scheme. His input into claims management services remains the core procedures for a number of insurers.

Martin Turner

Martin has over twenty years experience in handling all classes of professional indemnity claims, starting out as a Claims Underwriter for a leading Lloyd’s syndicate before joining and then becoming Claims Manager of a claims management company. Handling professional indemnity claims from first advice to conclusion under delegated authorities for both Underwriters and Brokers. This has involved attending meetings with Insured’s and third parties, and on site investigations.

Martin has also handled professional indemnity claims on behalf of Insured’s where claims have fallen within their policy deductible. This has involved liaising closely with the Directors/Principals of the Insured, handling claims proactively, bringing the claim to an early conclusion to avoid the escalation of costs.

In the last few years Martin has additionally been a front line Public Liability adjuster, particularly handling Contractors ‘holes in roads’ and ‘slip and trip’ losses, a separate discipline complimenting his broader experience.

Martin has also carried out a number of pre risk audits on behalf of Underwriters and claim audits on specific classes of business. This has involved reviewing the claim files, assessing the claims handling, and reserving philosophy.

John Cayton

John has extensive litigation experience with particular expertise in handling professional indemnity disputes. Having started his career managing claims for the London market, he understands the market’s requirements. He was one of the first to use mediation to resolve a dispute long before it became fashionable.

A Solicitor with considerable experience of drafting, and advising on disputes arising from existing, professional indemnity policies, John is well placed to provide assistance in a broader setting.

Coupled with considerable experience in defending both Insurers and Insureds in small, medium and multi million pound multi party litigation, John’s advice is invaluable whatever the challenge.

*** CLAIMS MANAGEMENT ***

• Haylett & Associates offers alternatives for the professional management of, in particular, Professional Indemnity and Directors & Officers claims.

• The vital functions of accurately recording notifications, reserves and payment histories, with supporting bordereaux which can be bespoke for specific analytical reporting requirements.

• Internet accessible electronic files include Solicitors reports, story board updates, as well as interactive access and input by Underwriters and Brokers, and large Insureds.

• State of the Art computer technology allows instant real time access from anywhere in the world on a 24/7 basis, subject to strict confidentiality barriers and pre agreed security access levels meeting British Standards Institute BS7799 (ISO17799).

• Delegated authority claims handling services, within whatever referral criteria is appropriate. This provides desktop reviews, monitoring of developments, guidance and advice on strategies for defence or resolution of matters, setting and monitoring reserves.

• Full service includes ‘front line’ assistance pre-authorised even before the Insured have the problem, to give comfort of immediate help; whether within a facility or individual policy. Haylett & Associates can receive notification from and correspond directly with Insureds. We will meet Insureds and other parties as necessary. Professional, decisive, timely and helpful service will mitigate long term costs.

• Liaison and co-operation is a vital ingredient and source of enhancement to the development of ongoing business. Policy issues, which may be unavoidable in themselves, need not prejudice ongoing relations when handled with respect for mutual positions. Our aim is to also add value to Underwriters and Brokers relationships whenever possible.

*** PHILOSOPHY ***

• Our Core principles are to act with integrity at all times, using appropriate skill, care and diligence for the professional management and control of claims. An understanding that Underwriters, Brokers and Insureds have differing interests, which can nevertheless be respected whilst still achieving Underwriters objectives. Communication will be in a clear, fair and not misleading manner.

• Any claim has an intrinsic value. There will be valid claims, invalid claims and a host of claims in the ‘grey area’. When the parties perceptions of that value can be bridged, a resolution to the dispute is at hand. Finding mutual ground quickly, and at least expense, will produce cost effective results.

• Especially for the smaller claims, the incurring of legal fees can very quickly become, to use the Courts phraseology, disproportionate. Incurring costs to get the ‘right’ settlement figure, can often be more expensive overall. The Claimant’s costs are also much underestimated and can very quickly replace the actual dispute as the motivational factor which drives the case forward. A claim should not be allowed to ‘get a life of it’s own’. In the majority of these cases, resolution should be achievable by taking a broad reasonable approach. Equally, however, small claims are known to be open to abuse, which need to be tested. Utilisation of professional bodies own conciliation and disputes procedures can often work to the advantage of all.

• Medium sized claims are possibly the most difficult in terms of balancing costs against achieving the claims intrinsic value. Adopting much more of a ‘value engineering’ approach to claims handling is usefully employed to bring reality to bear. Again the broader approach of the smaller claims can often be utilised, but equally employing pre-action protocols or even strict legal procedures can be appropriate and rewarding, depending on the case. Once again the Claimant’s costs need to be borne in mind with due weight. Alternative Dispute Resolution facilities and forums can be particularly beneficial.

• The larger claims are where costs can often spiral out of control, justified simply against the backdrop of the significant amounts at issue. This is often a mistaken approach which has cost insurers dearly. Of course most, if not all, possible defences must be explored, but the ‘old school’ solicitors’ approach to blindly turning over stone after stone can often benefit from a focused strategy, cost control, with interim goal oriented objectives. ADR is again of considerable assistance, although broad ‘horse trading’ with large amounts can see significant monetary swings. Strict legal analysis should always be tempting, not least when issues of causation and proof of loss are concerned.

• There will be matters of principle and precedent which Underwriters will need, or want, to fight. There will be cases where perceptions of value cannot be bridged, making the cost and inherent litigation risks a worthy choice. Pure economic considerations will also need to be balanced with an Insured’s desire to protect their own interests, whether genuinely held views of vindication against a wrongful allegation or concerns over reputation. A reasonable and objective approach, depersonalising and avoiding mini crusades, is essential.

• Claims, and fees incurred to handle claim notifications, are as unavoidable as they are the reason for the insurance to exist in the first place. However, our core principles coupled with intent to take a reasoned but reasonable pro active approach will mitigate those costs and deliver added value for money.

• In all events, establishing an appropriate reserve at the earliest opportunity will assist Underwriters by establishing accurate loss ratios within as realistically a short time period as possible.

• Retaining and enhancing Assureds good will, plus utilising the lessons of the past to better future risk management, will also turn negatives into positives.

*** SCOPE ***

• Individual instructions;

• Specific Scheme/Cover/Facility;

• Broker book;

• Underwriting book;

• Large clients generating multiple claims;

*** RISK MANAGEMENT ***

• Interpreting and/or drafting Policy Wordings and clauses.

• Audit of Binding Authorities

• Risk Management Surveys

HAYLETT & ASSOCIATES LOOK FORWARD TO HELPING YOU TO SUCCESSFULLY AND COST EFFECTIVELY MEET YOUR CLAIMS AND RISK MANAGEMENT CHALLENGES

Registered Office: 96 Plumberow Avenue, Hockley, Essex SS5 5AG. Registered No 05194337 England and Wales