Legal Insights on The UK Meningitis Outbreak

“The outbreak of meningitis cases has raised concerns for public health officials, schools, employers and the insurance industry. The UK Health Security Agency has confirmed five new cases in Kent, prompting Health Secretary Wes Streeting to tell the BBC that officials are “proactively managing” the outbreak. More cases are expected given the incubation period of 14 days. Whilst he stressed that the “general risk is low, even if the disease itself is extremely serious” the situation requires close attention. Although meningitis remains relatively rare, outbreaks can spread quickly and have serious consequences, including death. For insurers, the current situation creates potential exposures across a variety of covers including casualty, D&O and BI.

“Employers have a legal duty to keep their workers safe. During a meningitis outbreak, this means taking reasonable steps to stop the infection spreading in the workplace. If an employee catches meningitis and can show their employer failed to take proper precautions, such as providing good hygiene facilities, sharing public health advice or supporting vaccination programmes where recommended, they may bring an employers’ liability claim. What counts as reasonable will depend on the type of workplace and how vulnerable the workers are. Healthcare settings, schools and colleges with staff in close contact with students, and workplaces with shared living spaces will be held to higher standards. Insurers providing employers’ liability cover should expect claims where policyholders have clearly failed to act on outbreak warnings or official guidance from bodies like the UK Health Security Agency.

“Schools, universities, leisure centres and event organisers may face public liability claims from visitors, students or members of the public who catch meningitis on their premises. The person bringing the claim would need to show that the organisation failed in its duty of care and that this failure caused or contributed to their illness. Proving how someone caught an infectious disease is always difficult, but courts have been willing to hold organisations to account where they ignored clear warnings or failed to put basic prevention measures in place.

“Schools and universities need particular attention because young people are most at risk from certain types of meningitis. The current outbreak illustrates this clearly. A targeted vaccine programme is already being set up at the University of Kent in response to the cases that have been identified. Institutions that fail to tell students and parents about outbreaks, refuse to work with public health authorities or ignore advice about temporary closures or extra cleaning may face individual claims or, in serious cases, group legal action.

“How senior leaders behave during a public health crisis can trigger directors’ and officers’ liability exposures. If directors’ fail to make sure their organisation responds appropriately to an outbreak, especially where this leads to regulatory action, reputational harm or successful claims, individual directors could face personal liability. Regulators, including the HSE and local authorities, will investigate and prosecute organisations that fail to manage health risks properly. In the worst cases, directors may be disqualified or personally fined. Insurers should look at how their policyholders are governed and how well prepared they are to respond to a crisis as part of their risk assessments.

“Business interruption policies came under the spotlight after COVID-19, and many insurers have since updated their wording to make infectious disease coverage clearer. However, some policies, especially those with wide-ranging notifiable disease extensions or clauses covering denied access, may still pay out for losses from meningitis-related closures or restrictions. Venues told to close by public health authorities, or businesses seeing fewer customers because of outbreak-related news coverage, may try to claim under their business interruption policies. Insurers should check policy wordings carefully and make sure claims handlers understand what triggers each policy and what limits apply.

“The best way for insurers to manage outbreak-related risks is to work closely with policyholders before problems arise. Insurers should encourage policyholders to review and update their plans for dealing with infectious diseases, follow current public health guidance and keep communication open with employees, visitors, and the authorities. Training staff to spot meningitis symptoms and respond quickly can cut both the human and financial costs of an outbreak.

“The current meningitis situation is a reminder that infectious disease risk has not gone away since the pandemic. Insurers who take this seriously, helping policyholders manage their risks while keeping underwriting standards high, will be in the best position to handle any claims that follow.”