All employers required to hold Employers Liability Insurance, under the terms of the Employers Liability (Compulsory Insurance) Act must hold policy underwritten by an insurer authorised to write liability insurance under the Financial Services and Markets Act 2000. This authorisation is monitored and maintained by the FSA.
If an employer does hold employers liability insurance albeit with a non-authorised insurer, they are still liable to prosecution under the Act.
There are questions regarding the validity of certain covers apparently issued by MGA’s (Managing General Agents) and offshore captives, however these are invariably ultimately underwritten by an authorised insurer.
