Why Deliberate Acts Cover Must Be Clearly Stated in Your Security Liability Insurance Policy
For any business operating in the private security sector, having the right security liability insurance is essential. Yet within many policies, one particular clause continues to create a serious and often overlooked gap in protection: Deliberate Acts. Despite being a critical issue for the security industry, this exclusion is frequently misunderstood, and many firms do not realise how significantly it can affect their ability to defend claims involving physical intervention or allegations of assault. For security companies, understanding the difference between a “deliberate act” and a “reckless act” is no longer just a legal technicality – it is a financial necessity.
Learn more about our specialist security insurance solutions here.
What is “Deliberate Acts” Cover?
In standard liability insurance, “deliberate acts” are often excluded to prevent businesses from benefiting from intentional wrongdoing or criminal activity. Insurers take this approach because they want to avoid covering situations where someone chooses to cause harm or engages in criminal behaviour. In most industries, this exclusion works smoothly because deliberate misconduct falls outside normal business operations.
However, in the security industry, physical intervention is inherent to the job and as an employer you need to make sure you are protected if anyone acts criminally. Security officers regularly restrain individuals, remove people from premises, and use reasonable force to protect others. They make quick decisions in unpredictable situations, and their actions often face scrutiny afterwards. Even when guards follow correct procedures, people may still accuse them of assault or excessive force. These accusations can escalate quickly, and insurers may use the “deliberate acts” exclusion to deny cover if the policy wording isn’t clear.
Why Clear Wording Matters in Security Liability Insurance
Recent legal precedents, specifically the UK Supreme Court ruling in Burnett or Grant v International Insurance Company of Hanover Ltd, have redefined how these clauses work. This ruling clarified the threshold for what legally counts as a “deliberate act” within liability insurance, which has major implications for security companies.
A “deliberate act” now specifically means an act performed with the conscious intention to cause injury. This definition sets a much higher bar than many insurers previously applied. If a guard applies a restraint that unfortunately leads to injury but never intended to cause harm, it may not be considered a “deliberate act” under modern legal definitions. In other words, the law recognises that security officers often need to use physical intervention, and injury can occur even when they act correctly and without malicious intent.
The Risks of Unclear Deliberate Acts Cover
Total Claim Denial:
Failing to have clear, affirmative cover for deliberate acts can result in a complete denial of your claim. If a guard is accused of assault or intentional harm, a standard liability policy may refuse to pay for legal defence or compensation. Even when your employee acted lawfully and followed procedure, the allegation alone can trigger an exclusion if your policy wording is vague or incomplete. This leaves your business carrying the full financial burden of legal fees, settlements, and operational disruption.
Some specialised security policies still exclude this cover entirely or remain silent on it. A policy that does not explicitly confirm Deliberate Acts cover does not guarantee protection, it simply creates uncertainty. Insurers can still argue that the claim falls outside the scope of the policy, leaving you to dispute the decision at your own expense.
How to Protect Your Business With the Right Security Liability Insurance
Review Your Policy Wording:
Ensure your Security Liability Insurance includes a specific extension for Deliberate Acts or Criminal Acts. This wording must be clear and explicit. If your policy does not clearly state that these acts are covered, you may find yourself unprotected when an allegation arises. Taking the time to review your policy now can prevent costly disputes later.
Our in‑house scheme at BJP includes this cover as standard. We write Deliberate and Criminal Acts protection directly into our policies to ensure you are properly covered as an employer operating in the security industry.
For further information, please call our Security team on 01189 792121 – ask for Steve, Simon or Antony – or email [email protected].