out to start a project, but now businesses are incorporating security as part of their initial thoughts. Security is key, legislatively, morally and ethically, and for individuals it’s key, because travellers don’t want to go to dangerous locations if they’re not protected.” Te UK’s Corporate Manslaughter Act – which enables courts to impose unlimited fines and ‘naming and shaming’ publicity orders – does not apply to directors or other senior executives, but they can be prosecuted individually for gross negligence manslaughter under other health and safety laws. To date, the longest prison sentences for the offence have been between six and eight years. LeBlanc joins Huntley in highlighting the significance of duty of care as a legal, as well as a moral, requirement. “Te demand for security assistance has grown in the past 10 to 15 years. Companies are now looking very seriously at duty of care, and that has progressed from the medical side to the security aspect. Tere’s an interesting duty of care case currently going through the courts in California [for example] ... it’s about the death of a stunt man during a film shoot, and it has the potential for ripple effects for other businesses. Te judgment is that you as a company cannot just contract out your duty of care responsibilities, and I think that’s what companies have done in the past as an accepted practice. Tere’s going

to be more scrutiny; when you chose that security or assistance company, did you look sufficiently at the company’s background? If you can’t pass that test, does that open the backdoor to company liability for duty of care?”

What continues to drive duty of care specifically in the UK is that it’s not just a punitive process, which is what it is in the US – it can also be a criminal process, says LeBlanc: “If it’s found guilty in the US, company X writes a big cheque, while in Britain, a CEO could go to jail. What I’ve found out is that executives don’t like going to jail. Te prospect of doing time concentrates the mind and usually is a very good deterrent. It brings a new layer of diligence.”

Perfect partnerships Global presence and past experience are major deciding factors for insurers when assessing assistance company partners, says Jane Hegeler, Managing Director at Malta-based security and crisis management specialists Tangiers International. “In the event of a situation, as with all assistance but particularly at the time of an actual terrorist attack or political instability, time is of the essence," she says. "If the provider has local staff or agents in-country, actions can be put into place immediately. On the ground, intelligence is vital and an

understanding of local culture, infrastructure and logistics all play a role in how effectively, seamlessly and successfully the security assistance provider can respond. Often, the insurer or assistance partner is also looking for a security assistance provider who can proactively advise on possible situations expected to arise and offer courses of action to mitigate loss.” Traditional assistance services, she says, focus on being reactive at the time of need: “Security assistance offerings differ by incorporating proactive measures to mitigate risk through traveller education about potential security threats that might affect their upcoming or current travel. Methods include offering the traveller access to web- based portals and phone apps where security alerts can be searched globally or by region/ country or tailored to the location of the traveller. Tracking devices are another option that some security assistance providers offer, and these are tailored for those travelling to very remote and

| 15 International Travel & Health Insurance Journal


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