Posted on 09 January, 2019
Management Liability Insurance
What is Management Liability Insurance?
Directors and officers of private companies and a company itself are exposed to liability for breaches of the duty they owe to others through a simple act, error or omission in managing a company. Management Liability insurance is policy designed specifically to protect against such risk exposures. Now cover is also available for Sole Proprietors and Partnerships which is tailored specifically to their business structures and risks.
Why do we need it – wouldn’t our Public Liability policy cover us?
Public Liability insurance covers a company for its liability for bodily injury to others or property damage – not claims for economic loss suffered by others or breach of statutory duty.
What are the risks faced by persons as directors and officers?
The cost of defending a claim, and any damages and costs awarded against them based upon an allegation of them breaching their duty as a director or officer or arising out of an employment related complaint.
What are the financial risks faced by a company?
The assets of a company may be exposed to the cost of defending a claim and any damages and costs awarded as a result of wrongful act; theft or fraud by employees and cost of investigating theft or fraud by employees; pecuniary penalties imposed.
What are types of claim a company could face?
The following are examples of possible claims:
- Breach of Directors’ or Officers’ duties
- Company or Entity breach of duties
- Employment practices liability
- Trustee liability for Superannuation fund
- Crime cover for loss of money &/or stock
- Tax investigation costs
- Statutory liability
- Occupational Health & Safety breach defence costs
Refer to the following Claim Scenarios for practical examples of why you need Management Liability insurance
Scenario: The insured company discovered a discrepancy in their finances. Investigations were completed by external auditors and it was found that the insured’s chief financial officer was involved in the misappropriation of the funds.
Outcome: The Insured was able to claim under the Fidelity Insuring Clause for $50,000.
Scenario: An employee of a medium-sized company claimed that she was subjected to sexual harassment by fellow employees.
She sought an apology from the employees who committed the alleged harassment, as well as compensation for loss of earning capacity and reputation, emotional distress, depression, medical expenses and legal costs.
Outcome: The insured and the claimant were able to reach an agreement at conciliation and the employee was awarded $28,000 in damages which was covered by the company’s insurance policy.
Scenario: The company dismissed a 59 year old manager due to poor performance including alienating employees and customers, and a general lack of interest in his job.
The dismissed employee alleged he was dismissed due to his age after a younger employee replaced him, with comments by senior management about needing “to get rid of the old guys”. The employee had received regular pay increases based on performance, and poor performance was not noted on the termination form as the reason for his dismissal.
Outcome: The company felt they were innocent of the allegations but decided to settle out of court rather than defending in court due to the high cost. Settlement was $250,000 and legal expenses totaled more than $60,000.
Scenario: CEO of privately held company left to start a new software company and was subsequently sued individually as an officer of the new company by his former employer. The allegations included trademark infringement and unfair competition as the former employer claimed that he had taken a corporate license to market a particular software product.
Outcome: Defendant settled for a payment of $250,000 and expenses of $130,000.
Crime — Theft of inventory
Scenario: A manager of the company and an employee together manipulated inventory supply numbers of raw material to defraud the company. Both raw products and finished products were stolen and sold by the manager and employee over a two year period.
Outcome: Total loss to the distributor was in excess of $1.6 million plus costs of a private investigator to uncover the scheme.
Occupational Health & Safety
Scenario: During a busy time, the Company employed a part-time contractor who caught his hand in a machine and lost two fingers. This resulted in a full occupational health and safety investigation.
Outcome: Company was found liable for $100,000 plus paid $45,000 in defence costs.
Posted on 04 July, 2018
ICT Combined Liability Insurance
Information & Communication Technology Industry
Liability Risk Exposure Issues
Organisations competing in the Information and Communication Technology (ICT) industry operate in the fastest growing industry in the world against a backdrop of ever-increasing legal and legislative change.
As every facet of our working and personal lives becomes reliant upon technology, its failure can cause critical disruptions. There is moreover a heightened social awareness of legal rights in such circumstances. The Information and Communication Industry is consequently finding itself the increasing target of litigation.
Increased Risk Exposure
Any organisation that develops, manufactures, licenses, sells, provides, advises, integrates any form of Information or Communication Technology (ICT) and related services is exposed to litigation. The failure of a product, service or incorrect advice will expose that organisation to claims.
The cost of legal representation itself, irrespective of any liability to compensate a client, can be potentially crippling to an organisation, and is seldom fully recovered even where the organisation has been found to have no liability.
In addition to the increase in litigation, the legal and legislative systems have found it difficult to keep pace with the change technology has made on our society. The result has been a number of contradicting legal rulings, which adds to the uncertainty in the application of laws and regulations governing the industry.
The Benefits of ICT Combined Liability Insurance
ICT Combined Liability Insurance provides protection for organisations against legal liability arising from the failure of their products, services and or advice in the conduct of the business. This Insurance combines and improves traditional Public and Product Liability insurance coverage to respond to the unique exposures of the ICT industry. In addition to Public and Product coverage the policy incorporates Professional Indemnity into one insurance solution for the industry.
The Insurance provides cover for compensation settlements as well as coverage for Defence Costs associated with defending legal actions.
The shortcomings of traditional insurance products such as Product Liability and Professional Indemnity for the ITC industry has prompted some insurers to develop a comprehensive product to meet the contemporary needs of clients. ICT Combined Liability insurance incorporates the benefits of the traditional policies of Professional Indemnity, Public and Product Liability.
But the combined policy also caters for the specific needs of the industry by ensuring a broad definition of ICT that incorporates products, services and advice and is common to both the Professional Indemnity coverage and the Public & Products Liability coverage all within one policy. This combined insurance coverage ensures that there is certainty of protection for the unique risk exposures of the industry.
Important Coverage Features Available
Civil liability coverage for compensation and claimant’s costs and expenses in respect of any Claim first made against the Policyholder during the Policy Period including:
• Breach of Statutory Duty under Consumer Protection legislation;
• Coverage for the acts, errors or omissions of contractors and consultants;
• Breach of privacy or confidentiality in respect of ICT services;
• Joint Venture proportional liability in connection with ITC services;
Special Coverage Features available through Donnellys
• Assumption of Contractual Liability – alleged breach of contract arising directly from an indemnity or hold harmless condition of any contract in respect of ICT services;
• Indemnity for up to 5 Contractors and Consultants primary liability for claims against them when contracted to and under the direct control of the policyholder;
• Loss of Electronic Data – indemnity for costs and expenses incurred in replacing or restoring data;
• Mitigation of Loss – indemnity for costs and expenses incurred in any action taken to mitigate a loss or potential loss to minimise a claim;
• Principal’s Indemnity – subject to being noted in the policy
Assumption of Contractual Liability Claim Case Study
A major department store engaged an IT company to provide a system for their customers to purchase products over the internet. The contract stated that the contractor was required to indemnify the retailer against:
All loss, damages, claims, liability or expenses incurred by or awarded against the Principal arising directly or indirectly from:
(b) “breaches by the contractor of this agreement and
(b) any act or omission of the contractor relating to this agreement, including negligence, or arising as a result of the performance or non-performance of the Professional Services.”
The IT system supplied didn’t function correctly. Customers couldn’t place orders and payments weren’t received. As a result, the retailer sued the IT provider for $1.2 million for breach of contract and their loss of profits.
The ‘Assumption of Contractual Liability’ cover is a special feature of the AIMS Combined Liability exclusive policy underwritten by professional risks specialists, Vero Insurance.
Donnellys is a member of the AIMS national network of insurance brokers which has developed a “best of breed” market leading ICT Combined Liability policy for the clients of AIMS brokers. We welcome your enquiry to protect your ICT business with the best available insurance policy.
ICT Combined Liability Policy Quotation
If you would like a quotation for this insurance please download and complete the interactive proposal form below and email it to us at: insure@Donnellys.com.au
Posted on 04 July, 2018
Posted on 04 July, 2018
A specialised cover for Rental Properties
Why you need it!
Most Home insurance policies will cover the owner against Loss of Rent by a tenant should the premises be rendered Uninhabitable resulting from the occurrence of an insured event, such as a Fire. But there are generally two notable exclusions which make a standard Home policy not suitable for Rented Properties:
- Standard Home policies do not cover Malicious Damage by Tenants; and
- The standard policy does not cover Rent Default or Theft by a Tenant.
BE AWARE that one insurance policy being marketed strongly to Landlords only covers the gaps in the standard Home policy cover for rental properties but you still need a standard Home policy to cover the major risks to the building such as (Fire, Explosion, Water Damage, Storm, Earthquake etc.) Some people might not realise they need both policies to be properly insured and maybe face ruin if the worst happens and the building is uninsured. Donnellys take the hassle and the risk away by providing Landlords with one comprehensive cover so you won’t be caught out.
Why have two separate policies when you can have
one comprehensive policy with options that are
tailor-made for Landlords?
We can offer you Landlord insurance options that can be selected to tailor different levels of cover required for residential property investors including:
- Building cover;
- Contents cover;
- Optional Rent Default
- Optional Theft by Tenants
Policy Key Features:
- Comprehensive Accidental Loss or Damage cover including malicious acts by tenants.
- Contents provided by the Landlord for Tenant’s use cover up to $10,000 for the repair or replacement of furniture & furnishings; fixtures or fittings; carpets, curtains & internal blinds
- Property Owner Legal Liability cover up to $20 million is included automatically
- Rental replacement cover after an insured event up to 12 months is included automatically
- Removal of Debris after an insured event is covered up to 10% in addition to the building sum insured
- Loss of Rent due to Prevention of Access cover up to 12 months is included automatically
- Fusion of electric motors repair or replacement cover for appliances up to 15 years old
- Departure of tenant without notice – cover up to 15 weeks or $10,000 whichever is the lesser
- Cover is available for up to 15 weeks loss of rent or up to $10,000 whichever is the lesser if your Tenant defaults on the rent payments due under your rental agreement.
- Theft by Tenant cover provided up to the sum insured
- Legal expenses cover up to $3,000
Special 15% premium discount available
For a quick and easy quotation from Donnellys, please call (08) 8236 7777 and ask to speak to Melanie or Amy who are our specialist Landlord Insurance brokers.
Posted on 04 July, 2018
Posted on 05 September, 2017
Caravan Insurance provides competitive insurance options for:
- Horse Floats
Caravan insurance for Caravans, Camper Trailers & Pop Tops
Many people don’t use their Caravan all year round so it makes sense to save money on insurance coverage during this period.
- Agreed Value coverage
- Replacement of van as new if total loss within 2 years of purchase
- Automatic contents cover up to $2,000
- Lay-up discount option available for months van is not used
- Flood cover
- $20 million legal liability cover
- Agreed value coverage
- Emergency repairs up to $1,000
- Flood cover
- Removal of Debris after an accident up to $5,000
- $20 million legal liability cover
Trailer & Horse Float
- Agreed value coverage
- Cover or theft or damage
- Hire cost of horse float after theft or damage for $50 per day up to 5 days
- $20 million legal liability cover
Posted on 03 November, 2016
Professional Indemnity insurance coverage explained
Professional Indemnity Coverage can include claims that arise:
- when a third party, usually a client, alleges that your professional advice, design or service is Negligent and caused them loss – the loss can be bodily injury, property damage or financial loss;
- from a breach of the duty that you owe as a professional or an expert;
- or as a Civil Liability from the conduct of your professional services.
Below we explain the vital differences between Civil Liability and Negligence Liability coverage for professionals
What does Civil Liability cover mean?
In its very simplest form under a civil liability wording if a claim isn’t specifically excluded then it is assumed to be included! It is considered to be a broader wording as the interpretation of what could be considered a claim tends to be more comprehensive.
Why is this significant?
This is significant regarding coverage as rules and legislation change often and most businesses may not always be aware of them. Consequently if an insured is found liable for damages in a civil court due to their advice they “may” be covered – even when it is not specifically included in the policy – as long as it’s not an exclusion it could be a Professional Indemnity claim.
The 4 main areas of Civil Law include:
- Tort Law (negligence, nuisance defamation)
- Contract Law (breach of conduct)
- Statutory Law (consumer protection legislation)
- Equity (principle of fairness)
So what is a Negligence Policy and how does it differ?
Again in its simplest form – if a claim in not specifically included in the policy … it is excluded. The intention of a Negligence Liability policy is to cover losses where it can be shown that:
- the insured owed a duty of care to the claimant
- they breached that duty and
- their breach caused a financial loss
But more importantly it needs to be proved that the insured was indeed “negligent” and breached their standard of professional care. This is ok if a breach falls under the Tort of Negligence but what if claim is due to other legal grounds such as libel and slander, copyright infringement or misrepresentation?
These do not fall under the tort of negligence and could be denied by the insurer. Therefore, a Negligence policy cover differs from a Civil Liability policy cover in as much as it’s considered to be more restrictive in its scope of cover as negligence is not the only basis of risk exposure to be considered.
Fundamentally the difference in coverage lies in the nature of the liability in carrying out their Professional Services:
- Civil Liability policy cover will focus on the Nature of the liability concerned;
- Negligence policy cover will focus on the actual Conduct of the insured.
Professional Indemnity insurance case studies
As these case studies demonstrate, any professional service provider can be held liable for their actions. These case studies are examples of the types of claims that may be covered under a Professional indemnity policy, but not under a Public Liability policy.
The building consultant
A building consultant was involved in constructing a house. The owners claimed that the weatherproofing failed and sued the consultant alleging negligence. The matter went to a judicial settlement conference.
The building consultant was exonerated but still had to pay over $20,000 in legal costs.
An accountant was asked by the client to consider the accounts of the business he planned to buy. The client’s business partner had an accountant who provided the figures. The client went on to buy a share in the business.
The business did not do well. The client then claimed against both accountants for providing negligent advice. The claim was later settled and the second accountant paid $25,000 to the client in settlement.
Although the first accountant was not found negligent, his defence costs amounted to over $100,000.
The building designer
A building designer prepared a town planning application for a self-storage facility using computer-assisted design. While preparing the drawings, there was an error inputting data into the system resulting in the development being three metres shorter than the town planning drawings.
The property was subsequently sold to a development company. During construction it was discovered that only 198 self-storage units would be constructed and not 235.
The property developer is suing for over $500,000 in damages due to loss of income and value of business.
The occupational therapist
An occupational therapist interviewed the claimant for a position as an accredited rehabilitation provider. The therapist rejected the application as he felt that the claimant did not have the requisite WorkCover qualification.
In the same year the occupational therapist discovered that the claimant was working as a case manager for another rehabilitation provider. As the occupational therapist was concerned that the claimant did not have the qualifications he wrote an email to WorkCover and the members of the Association of Rehabilitation Providers in the Private Sector.
The claimant alleges that he is appropriately qualified to practice and that the email was defamatory and has injured his credit, reputation and occupation. The claimant is seeking compensation for general loss of business, custom, and aggravated damages in excess of $300, 000.
*Article produced by Vero Profin for public information.
Posted on 03 August, 2015
Protect your income and safeguard your quality of life
“Your quality of life is built largely upon your ability to earn an income. It should be considered as your most valuable asset and be protected accordingly!”
Consider how you would cope with your family’s living expenses if your regular income suddenly stopped for an extended period without insurance protection.
What are the odds?
Statistically, you have more than a 60% chance of being disabled for more than 1 month during your working life*.
Lifestyle Protection insurance policy can protect you with a Leave Bank available up to a maximum period of 3 Years in the event of a serious Sickness or Bodily Injury.
* Source: Zurich Australia Ltd – Institute of Actuaries of Australia 2000 report.
Key Policy Features
- Insure your annual Salary up to 85%
- 3 years maximum weekly benefit period of disability available
- Available to Full-time, Part-time or Casual staff
- Easy to apply – no medical necessary
- Convenient monthly premium payments can be arranged
- Accidental Death and Disability benefits
- Weekly benefits cover for Bodily Injury & Sickness
- Fractured Bones benefit due to an Accident
- Loss of Teeth or Dental Procedures benefit due to an Accident
- Most comprehensive coverage available in the insurance market
Special Premium Savings!
Donnellys has negotiated a special 15% premium discount for this product for extra value to clients!
Premiums are payable Monthly from your financial institution Debit account or from your Credit Card account.
How much cover do you need?
Everyone’s cover needs are different so choose how much insurance protection you need to safeguard your lifestyle in case the worst happens.
You can insure up to 85% of your normal income or just your major expenses such as Loan repayments or Rent, Food and Clothing costs.
Typical Estimated Household Expenses
Living expenses that continue whether you are working or not Food, clothing costs 26% Loan repayments, household costs 25% Utility, medical, personal 14% Transport costs 16% Recreation costs 12% Other costs 7%
What about Superannuation Guarantee (SG) Income Protection Insurance – aren’t I covered now?
Many people have only the initial Default cover offered when they join a SG Income Protection Insurance Plan option which is usually very low. The claim benefit is often around only $900 per month and payable after a Waiting Period (Excess Period) of 60 or 90 days. Also the claim benefit is payable 30 days in arrears after the Waiting Period expiry i.e. 90 or 120 days after your claim is made. So how would you survive in the meantime to pay your living expenses and financial commitments?
What does Lifestyle Protection Insurance cover?
The insurance provides weekly benefits for a Bodily Injury resulting solely from an Accident occurring Outside of Working Hours and weekly benefits as a result of a Sickness when not specifically excluded.
The insurance also provides a lump sum benefit for a Death or Disability resulting solely from an Accident occurring Outside of Working Hours.
Am I covered for a pre-existing medical condition?
The insurance does not cover any congenital conditions or any medical conditions which are pre-existing when the insurance is first purchased. Furthermore, there is no cover for any Sickness which first manifests itself within the first thirty (30) days of the insurance commencement.
When do my claim benefits start?
The Excess Period to be served before any benefit will be paid is fourteen (14) days as standard, but this period can be varied upon application.
What if I am employed Permanent Part-time or Casual?
You qualify for this insurance as long as you are gainfully employed regardless of the number of hours you work in any one period. Your claimable weekly benefit will be calculated on your average pre-tax income during the previous twelve (12) months or shorter period of employment if applicable.
What about cover for my Spouse / Life partner?
Your employed spouse / life partner is also eligible for this cover at the same Group Premium Discount of 15%, provided he/she is not self- employed and is an Australian permanent resident.
Can I claim the premium as a deduction on my tax return?
Yes – insurance against loss of income is generally fully tax deductible under current legislation and policy claim benefits are assessable for income tax. You should consult your tax adviser for confirmation.
Do I have to use all my sick leave or annual leave entitlement before I can claim?
No – it is not a condition of the insurance, however you may choose to use any accumulated leave entitlements during the Excess Period and then cease these after the Excess Period expires. If you elect to continue receiving leave payments when on claim, then the insurance benefit amount will be reduced by the amount received.
What is the maximum amount I can insure for?
You may insure up to 85% of your annual Salary, from one or more jobs, up to a maximum benefit of $5,000 per week.
What if I return to work in reduced capacity due to being partially disabled?
The insurance provides cover for the difference between your claimable earnings and your reduced capacity earnings.
What are the policy age limits?
Once you have reached sixty-five (65) years of age or have retired from work (whichever occurs first), your cover will cease.
How long will claim benefits be paid by the policy?
Maximum period available is up to three (3) years.
Act now … Fill in cover enrolment form now
To compete this document we recommend saving it to your computer and opening it in Adobe Reader. If you need this software, visit www.adobe.com to download a FREE copy.
Or phone Donnellys on (08) 8236 7777
Product Disclosure Statement/ Policy Document
Posted on 15 July, 2015
Cyber Attacks and other cyber events are now some of the most common forms of losses faced by businesses. Donnellys have you covered!
Most businesses have insurance cover for fire. A cyber attack or event is akin to a digital fire and can have a similar impact to the operations of your business. Cyber attacks and data breaches are growing fast and increasing in severity.
It doesn’t matter what the size of your business is. If you handle customer or transaction data, you run the risk that a data breach could lead to significant costs due to business interruption or others making claims against your business.
Cyber cover can protect you in 4 ways:
- Losses to your business
- Loss to others
- Cyber event response costs
- Contingent business interruption
Cyber insurance can cover you for the following events:
- Point of Sale intrusions
- Web app attacks
- Insider and privilege misuse
- Physical theft and loss
- Payment card skimmers
- Denial of service
- Cyber espionage
- Miscellaneous errors – Human error
- Cyber extortion
To find out more about the market leading and competitively priced Cyber event cover for SME businesses call one of Donnellys Business insurance broking consultants on (08)8236 7789
To learn more about Cybersecurity risks watch KPMG Risk Compliance (US)’s informative video below.
Posted on 10 July, 2015
Income Security is a redundancy Insurance cover which has been developed to help protect Australians against the financial stress and uncertainty that comes from losing a job.
Involuntary unemployment can cause serious financial difficulties to families’ lifestyle but there are few ways to protect against this. Some Loan Protection insurance products cover loan repayments only in the event of redundancy – but these payments are made direct to the lender.
So how does an unemployed person pay for all their other bills and living expenses such as rent, electricity, gas, water, rates and school fees?
Income Protection policies are designed primarily to protect against sickness or injury only. Income Security Insurance is designed to pay you up to 85% of your income while you are actively looking for work after being made involuntarily unemployed or redundant.
Benefits and Eligibility
> Monthly benefit up to $7,000 pm
> Benefit periods 3, 6 or 9 months
> Waiting period of 30, 60 or 90 days
> Optional $2,500 training cover
> 90 day qualifying period
Who Can Apply?
> Aged between 18 to 64
> Permanent Australian residents
> Employed for the last 12 months
> Not self employed or on contract
> Must have an in-force Income Protection insurance policy or have a Loan
> Simple online application
> Multi-year policy period option
> Premiums are generally tax deductible
To obtain a quote for Income Security Redundancy Insurance and see if you are eligible to apply click:
Or Call Donnellys on (08) 8236 7777 to arrange a quotation for Income Security Insurance
By clicking the above link you will leave Donnellys website and be transferred to the Income Security Insurance website. Donnellys has only provided you factual information about this product. You will be dealing directly with the provider of this product and not us. Please note that Donnellys may receive a referral fee should you purchase a policy.
Posted on 10 December, 2014
On National Motorcycle Insurance
Competitive insurance options for motorcycle riders, on-road or off-road.
Whether you are a daily rider, weekend enthusiast or enjoy getting away from the city bustle, we can offer you the right cover at the right price for your motorcycle.
- Third party only
- Third party fire and theft
- Layup / Weekend rider
Features and Benefits
On road Motorcycle
- Cover for loss of or damage to your motorcycle as the result of an accident, malicious acts, storm, flood, fire, theft and transit.
- Motorcycles up to $35,000 and 20 years of age
- Bike types – sports, cruisers, scooters and motor cycle trailers
- $20 million Third Party Liability cover.
- New for Old replacement of your motorcycle if it is a total loss within the first 2 years of original registration.
- Up to $3,000 for loss or damage to riding gear in the event of an accident.
- Up to $1,500 to replace your keys and/or locks if they are stolen or illegally duplicated.
- No excess for an accident if you’re not at fault.
- Lifetime guarantee on all authorised repairs.
- Agreed Value option available.
- Lay-Up cover option: Premium discounts for the months you don’t ride your motorcycle.
- Named rider discount where only you are insured to ride your motorcycle.
- Weekend rider cover options apply.
Off Road Motorcycle Rider Cover*
National Motorcycle Insurance (Off Road Cover) provides cover for Off Road enthusiasts.
Off Road Motorcycle Rider Insurance provides cover for Motocross, ATV’s, Enduro, Quad, and kids fun motorcycles.
- Motorcycles up to $35,000 and 12 years of age
- Accidental Damage Cover – We will pay up to 50% of the repair cost or the motorcycles market value if it is accidentally damaged. You will be required to pay any applicable excess.
- Transit Cover – cover in the event of loss or damage whilst your motorcycle is being securely towed.
- Towing to the nearest repairer or place of safety.
National Motorcycle Insurance offers great premiums, policy coverage and multi bike discounts for families who play together.
Posted on 22 December, 2018
‘tis the season to be jolly…so make sure your home is safe, secure and you are adequately covered over...Read on
Posted on 27 November, 2018
If criminals in balaclavas and clichéd Hollywood computer hackers are among your greatest concerns for the cyber safety of your...Read on
Posted on 15 November, 2018
From typical property damage and liability risks like slip-and-fall and equipment breakdown to less common ones like food-borne illnesses,...Read on
Posted on 15 November, 2018
Generally, when you own your own home, taking out insurance on your property is something that is done without...Read on
Posted on 27 June, 2018
This month, the Donnellys team delve deeper into our Car Insurance series, and detailing in greater detail exactly what...Read on
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