Tools Coverage
This Wording is Taken From A Tools Policy. Policies May Differ in Coverage.
We will cover you for accidental Damage or Theft occurring during the Period of Insurance to any Tools of Trade or Stock if shown as covered in the Schedule whilst at the Premises or whilst contained in a Vehicle under the custody or control of You and or your Employee and whilst within the Territorial Limits.
We will pay You the value of such property or the amount of the Damage at the time of loss or, at Our option, repair, replace or reinstate, in accordance with the provisions of this Section.
Our liability in any one Period of Insurance will not exceed:
The Sum Insured; or
The Sum Insured for any one item; or
Any other specified limit; as detailed in the Schedule or the Policy.
In the event of any loss, the Sum Insured will be automatically reinstated from the date of the loss, unless there is written notice either by Us or by You saying otherwise.
You will have to pay an additional premium for this.
Tools of Trade
Tools of trade and business equipment being portable hand tools and ladders (including power driven portable hand tools), business and office equipment, computer equipment and software which are ordinarily used or needed on the site of any contract carried out by You or hired in for which You and/or Your Employees are responsible under a written contract of hire and in connection with the Business.
We will not be liable under this section for the following:
Damage caused by mechanical or electrical breakdown or derangement.
Damage or Theft to any motor vehicle or attached trailer other than mobile plant which is primarily intended for use at contract sites or any vehicle used solely at contract sites and which is not licensed for road use.
Theft or attempted Theft of any Tools of Trade or Stock from any vehicle if the loss occurs between the hours of 6pm and 6am.
Damage to any Tools of Trade or Stock caused by or consisting of:
a. Disappearance, unexplained or inventory shortage, misfiling or misplacing of information or clerical error, acts of fraud or dishonesty;
b. Electrical or magnetic injury, disturbance or erasure, of electronic records other than by lightning.
a. Damage to Stock unless it is being kept within a securely locked store, enclosed yard or contained within a vehicle.
b. Damage to Tools of Trade unless kept in a securely locked store or enclosed yard unless whilst contained in a vehicle.
Damage due to wear and tear or gradual deterioration, rust, action of light or atmospheric conditions or the cost of normal upkeep, cleaning or normal repairs.
Damage to property insured caused by or consisting of:
a. inherent vice (a quality in property that causes it to damage or destroy itself), faulty design, defective materials, gradual deterioration, wear and tear;
b. corrosion, rust, wet or dry rot, oxidisation, shrinkage, evaporation, leakage, spillage, loss of weight, dampness, mould, mildew, contamination, fermentation, scratching, vermin or insect, living creatures, pets or animals;
c. change in temperature, frost, colour, flavour, texture or finish or action of light, atmospheric or climatic conditions.
Damage or Theft in respect or movable property insured in the open or in open-sided structures, fences and gates caused by wind, rain, hail, sleet, snow, flood or dust.
Damage or Theft in respect of Money.
Damage or Theft to Jewellery, furs, watches, precious stones, precious metals, bullion, curiosities, unless agreed by Us in writing.
Damage or Theft to automatic payment machines, vending machines, mechanical rides, display cases and their contents situated at Your Premises, unless agreed by Us in writing.
Tools of Trade and Stock Excess applicable to Section D Before We cover You under this Section, You will be responsible for any Excess as stated in the Schedule.
Products Liability Coverage
The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of accidental Injury and/or Damage occurring during the Period of Insurance and arising out of or in connection with any Product.
In respect of Injury to any Person Employed arising out of and in the course of employment by the Insured.
For costs incurred in the repair, reconditioning or replacement of any Product or part thereof which is alleged to be defective.
Arising out of the recall of any Product or part thereof
Arising out of any Product which with the Insured's knowledge is intended for incorporation into the structure, machinery or controls of any aircraft, other aerial device, hovercraft or waterborne craft.
Arising by virtue of a contract or agreement but which would not have arisen in the absence of such contract or agreement.
Arising from circumstances known to the Insured prior to the inception date of this Insurance.
Arising from the failure of any Product to perform its intended function.
Employers Liability Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
The Insured is indemnified by this Section in accordance with the Operative Clause in respect of Injury to any Person Employed arising out of and in the course of employment by the Insured and occurring during the Period of Insurance.
Compulsory Insurance Clause
The indemnity granted by this Section is deemed to be in accordance with the provisions of any law enacted in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands relating to compulsory insurance of liability to employees.
If however, there has been non-observance of any Policy conditions by the Insured, and the Underwriters shall have paid any sum which would not have been paid but for the provisions of such law then the Insured shall forthwith repay such sum to the Underwriters.
Arising outside Great Britain, Northern Ireland, the Isle of Man and the Channel Islands except in respect of temporary non-manual visits by Persons Employed
Incurred in circumstances where any road traffic legislation requires compulsory insurance or security and an indemnity is afforded to the Insured by any such insurance or security
Arising out of work on and/or visits to any offshore rig and/or installation and/or platform from the time of embarkation onto a conveyance at the point of final departure to such offshore rig and/or installation and/or platform until disembarkation from the conveyance from such offshore rig and/or installation and/or platform onto land.
Arising out of Terrorism except to the extent that an indemnity is deemed to be required in accordance with the provisions of any law relating to compulsory insurance of liability to employees, in which case a sub-limit of £5,000,000 shall apply.
Arising out of or related to the manufacture mining processing distribution testing remediation removal storage disposal sale use or exposure to asbestos or materials or products containing asbestos, except to the extent that an indemnity is deemed to be required in accordance with the provisions of any law relating to compulsory insurance of liability to employees, in which case a sub-Limit of Indemnity of £5,000,000 shall apply.
It is a condition precedent to the liability of underwriters that the insured do not manufacture mine process distribute test remediate remove store dispose sell or use asbestos or materials or products containing asbestos.
Public Liability Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of accidental Injury and/or Damage occurring during the Period of Insurance.
In respect of Injury to any Person Employed arising out of and in the course of employment by the Insured.
Arising out of or in connection with any Product.
Arising out of the ownership, possession or use by or on behalf of the Insured, or any person or party entitled to indemnity, of any motor vehicle or trailer for which compulsory insurance or security is required by legislation, other than legal liability:
Caused by the use of any tool or plant forming part of or attached to or used in connection with any motor vehicle or trailer in circumstances where compulsory insurance or security is not required by any legislation
Arising beyond the limits of any carriageway or thoroughfare caused by the loading or unloading of any motor vehicle or trailer except where indemnity is provided by any motor insurance contract
Arising out of any motor vehicle or trailer temporarily in the Insured's custody or control for the purpose of parking except liability for which compulsory insurance or security is required by any legislation.
Arising out of the ownership, possession or use by or on behalf of the Insured of any aircraft, hovercraft, offshore installation and/or rig and/or platform or watercraft (other than watercraft not exceeding 10 metres in length whilst on inland waterways)
For Damage to property owned, leased to, hired by, under hire purchase, on loan to, held in trust by for otherwise in the Insured's care, custody or control other than:
Clothing and personal effects (including vehicles and their contents) of Employees and visitors
Premises (including contents therein) temporarily occupied by the Insured for work therein or thereon but no indemnity shall be granted for Damage to that part of the property on which the Insured is or has been working and which arises out of such work.
Premises tenanted by the Insured provided always that liability for such Damage is not assumed by the Insured under agreement where liability would not have existed in the absence of the agreement.
Arising out of breach of professional duty, or wrongful or inadequate advice given separately for a fee or in circumstances where a fee would normally be charged.
Public Liability Coverage
This Wording is Taken From A Property Owners Policy. Policies May Differ in Coverage.
Sub-Section A – Employers’ Liability
The cover described below is only operative if shown on the schedule
Cover:
We will pay the amount of damages and claimants’ costs and expenses which you become legally liable to pay in respect of accidental injury sustained by any employee caused during the period of insurance, arising out of and in the course of their engagement by you for the purposes of the business and happening within the territorial limits.
We will also pay your costs and expenses.
Limit of Indemnity:
The maximum amount we will pay under this sub-section in respect of one claim or series of claims arising out of one occurrence or all occurrences of a series consequent on or attributable to one original source or cause including all compensation, claimants’ costs and expenses and your costs and expenses will not exceed:
a. In respect of terrorism, £5,000,000
b. In respect of all claims other than terrorism, the employers’ liability limit of indemnity shown on the schedule for this sub- section.
If we allege that by reason of the terrorism limitation any injury, cost or expense is not covered or is covered only up to the terrorism limit of indemnity, the burden of proving the contrary shall be upon you.
Where more than one party is entitled to indemnity under this sub-section, our total combined liability to all parties will not exceed the applicable limit of indemnity shown in a or b above. Extensions to Sub-Section A – Employers’ Liability (Subject to the terms, conditions and exclusions of this sub-section, this section and this policy)
Indemnity to Principal:
We will, at your request, treat any principal as though they were you in respect of accidental injury arising out of the performance of work by you for the principal provided that:
a. You would have been liable if the claim had been made against you
b. The principal complies with and is subject to the terms, conditions and exclusions of this policy in so far as they can apply
c. The conduct and control of all claims is vested in us
d. Our liability shall be limited to only what is required by the contract between you and the principal.
Indemnity to Directors, Partners and Employees:
We will, at your request, treat directors, partners or employees as though they were you in respect of claims made against them provided they comply with and be subject to the terms, conditions and exclusions of this policy in so far as they can apply.
Cross Liabilities:
Where more than one person is shown as the Insured on the schedule, this sub-section shall apply separately to each person named in the same way as if a separate sub-section had been issued to each of them.
Court Attendance:
We will pay you the amounts shown below for each day such persons are required to attend court in connection with a claim for which you are entitled to indemnity under this sub-section:
a. You or any director or partner £500
b. Any employee £250.
Corporate Manslaughter – Legal Defence Costs:
We will pay your costs and expenses and prosecution costs awarded against you incurred in connection with the defence of criminal proceedings brought against you, or any appeal against conviction, in respect of a charge, or investigation in connection with a charge, of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007, for an offence committed, or alleged to have been committed, in the course of the business during the period of insurance provided that we will not be liable:
a. For the payment of fines or penalties
b. For costs in connection with a charge relating to an incident which was as a result of an intentional or deliberate breach of, or reckless disregard for statutory regulations
c. For costs arising from an offence committed, or alleged to have been committed outside the territorial limits
d. For costs in connection with proceedings for which a claim has been admitted under Sub-Section B – Public Liability of the Liability Section
e. For the costs of any appeal against conviction unless in the opinion of counsel, appointed by mutual agreement of you and us, the appeal is more likely to succeed than not
f. If an indemnity is provided by any other insurance.
If, in addition to a claim under this extension, you also have a claim under any section or sub-section of this policy arising from the same cause or occurrence, any amounts already paid, or incurred but not yet paid, for your costs and expenses and prosecution costs will be deducted from the total amount payable under this extension.
Health and Safety at Work etc. Act 1974 – Legal Defence Costs:
We will cover you, and at your request, any director, partner or employee, in respect of your costs and expenses incurred in the defence of a prosecution and prosecution costs awarded against you, including an appeal against a conviction, brought for a breach of:
a. The Health and Safety at Work etc. Act 1974
b. The Health and Safety at Work (Northern Ireland) Order 1978 provided that:
i. The offence under such legislation is alleged to have been committed during the period of insurance in connection with the business and relates to the health, safety and welfare of an employee
ii. We will not be liable:
1. For the payment of fines and penalties
2. for costs in connection with a charge or investigation relating to an incident which was as a result of an intentional or deliberate breach of or reckless disregard for statutory regulations
3. For costs arising from any offence committed, or alleged to have been committed, outside the territorial limits
4. Unless each director, partner or employee to be indemnified complies with and is subject to the terms, conditions and exclusions of this policy in so far as they can apply
5. If an indemnity is provided by any other insurance.
Unsatisfied Court Judgements:
If a judgement for damages or costs is obtained by an employee or their personal representatives for an injury sustained by the employee within the territorial limits, we will, at your request, pay to the employee, or their personal representatives, the amount of such compensation to the extent that it remains unsatisfied provided that:
a. The injury is caused during the period of insurance
b. The injury arises out of their engagement by you in the course of the business c the judgement remains unsatisfied in whole or in part six months after the date of such judgement
d. The judgement for damages was obtained in a court of law within the territorial limits
e. The judgement was against a company, partnership or individual other than you, conducting business at or from premises within the territorial limits
f. The judgement is not the subject of an outstanding appeal
g. If any payment is made under the terms of this extension the employee or the personal representatives of the employee shall assign the judgement to us.
Injury to a Working Partner or Proprietor:
If you are a sole trader with at least one employee or a business partnership, we will regard as an employee any working partner or proprietor of the business who sustains an accidental injury provided that such injury is:
a. Sustained by the working partner or proprietor whilst working in connection with the business during the period of insurance and within the territorial limits
b. caused by the negligence of another working partner or an employee.
Temporary Work Overseas:
We will cover you in respect of legal liability incurred by you for accidental injury to directors or employees (normally resident within the territorial limits) sustained during visits or work undertaken by them, in connection with the business, elsewhere in the world provided that:
a. The duration of such work does not exceed six months during the period of insurance
b. Such visits or work consists solely of clerical, sales promotion or administrative work or participation in, but not the hosting or management of, exhibitions, trade shows or conferences.
Exclusions to Sub-Section A – Employers’ Liability
Use of Vehicles:
We will not pay for liability for injury for which you are required to arrange insurance or security in accordance with road traffic legislation.
Condition to Sub-Section A – Employers’ Liability
Right of Recovery Condition:
The cover provided by this sub-section is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability to employees within the territorial limits but you shall repay to us all sums paid by us which we would not have been liable to pay but for the provisions of such law.
Sub-Section B – Public Liability:
The cover described below is only operative if shown on the schedule Cover We will pay the amount of damages and claimants’ costs and expenses which you become legally liable to pay in respect of accidental:
a. Injury
b. Damage to property
c. Obstruction, trespass, nuisance or interference with any right of way, light, air or water occurring during the period of insurance and arising out of and in the course of the business and within the territorial limits.
We will pay your costs and expenses in addition.
Limit of Indemnity:
The maximum amount we will pay under this sub-section in respect of one claim or series of claims arising out of one occurrence or all occurrences of a series consequent on or attributable to one original source or cause will not exceed:
a. In respect of terrorism, £2,000,000 or the public liability limit of indemnity shown on the schedule for this subsection whichever is lower
b. In respect of all claims other than terrorism, the public liability limit of indemnity shown on the schedule for this sub- section.
Where liability arises out of or in connection with terrorism, our maximum liability including damages, claimants’ costs and expenses and your costs and expenses will not exceed £2,000,000 or the public liability limit of indemnity shown on the schedule for this sub-section whichever is lower.
If we allege that by reason of the terrorism limitation any damage, injury, cost or expense is not covered or is covered only up to the terrorism limit of indemnity, the burden of proving the contrary will be upon you.
All pollution or contamination arising out of one occurrence will be deemed to have occurred at the time such occurrence takes place.
Our total liability for all pollution or contamination which is deemed to have occurred during any one period of insurance will not exceed the public liability limit of indemnity shown on the schedule.
Where more than one party is entitled to indemnity under this sub-section, our total combined liability to all parties will not exceed the applicable limit of indemnity shown in a or b above.
Extensions to Sub-Section B – Public Liability:
(Subject to the terms, conditions and exclusions of this sub-section, this section and this policy)
Leased, Hired or Rented Premises:
We will cover you in respect of legal liability incurred by you as tenant of premises you lease, rent or hire for the purposes of the business within the territorial limits in respect of:
a. Damage to buildings including any landlord’s fixtures and fittings caused by any of Cover Causes 1, 2 or 4
b. Reinstatement or repair of accidental damage to the underground water pipes, gas pipes, drains or sewers, electricity and telephone cables extending from the public mains to the buildings occupied by you in connection with the business but excluding consequential loss of any kind or description provided that we will not be liable for liability attaching to you solely by the terms of the tenancy or any other agreement.
Indemnity to Directors, Partners and Employees:
We will, at your request, treat directors, partners or employees as though they were you in respect of claims made against them provided they comply with and be subject to the terms, conditions and exclusions of this policy in so far as they can apply.
Cross Liabilities:
Where more than one person is shown as the Insured on the schedule this sub-section shall apply separately to each person named in the same way as if a separate sub-section had been issued to each of them.
Court Attendance:
We will pay you the amounts shown below for each day such persons are required to attend court in connection with a claim for which you are entitled to indemnity under this sub-section:
a. You or any director or partner £500
b. Any employee £250.
Corporate Manslaughter – Legal Defence Costs:
We will pay your costs and expenses and prosecution costs awarded against you incurred in connection with the defence of criminal proceedings brought against you, or any appeal against conviction, in respect of a charge, or investigation in connection with a charge, of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007, for an offence committed, or alleged to have been committed, in the course of the business during the period of insurance provided that we will not be liable:
a. For costs in connection with a charge or investigation relating to an incident which was as a result of an intentional or deliberate breach of or reckless disregard for statutory regulations
b. For costs arising from an offence committed, or alleged to have been committed, outside the territorial limits
c. For costs in connection with proceedings for which a claim has been admitted under Sub-Section A – Employers’ Liability
d. For the costs of any appeal against conviction unless in the opinion of counsel, appointed by mutual agreement of you and us, the appeal is more likely to succeed than not
e. If an indemnity is provided by any other insurance.
If, in addition to a claim under this extension, you also have a claim under any section or sub-section of this policy arising from the same cause or occurrence, any amounts already paid, or incurred but not yet paid, for your costs and expenses and prosecution costs will be deducted from the total amount payable under this extension.
Health and Safety at Work etc. Act 1974 – Legal Defence Costs:
We will cover you and, at your request, any director, partner or employee, in respect of your costs and expenses incurred in the defence of a prosecution and prosecution costs awarded against you, including an appeal against a conviction brought for a breach of:
a. The Health and Safety at Work etc. Act 1974
b. The Health and Safety at Work (Northern Ireland) Order 1978 provided that:
i. The offence under such legislation:
1. Is alleged to have been committed during the period of insurance in connection with the business, and
2. Does not relate to the health, safety and welfare of an employee
ii. We will not be liable:
1. For costs in connection with a charge or investigation relating to an incident which was as a result of an intentional or deliberate breach of or reckless disregard for statutory regulations
2. For costs arising from any offence committed, or alleged to have been committed, outside the territorial limits
3. Unless each director, partner or employee to be indemnified complies with and is subject to the terms, conditions and exclusions of this policy in so far as they can apply
4. If an indemnity is provided by any other insurance.
Data Protection Act 1998:
We will pay:
a. The amount of compensation which you become legally liable to pay in respect of damage or distress under the provisions of Section 13, and
b. For defence costs and prosecution costs awarded against you in respect of a prosecution under Section 60 of the Data Protection Act 1998 subject to the act or omission from which the legal liability, defence or prosecution cost arises occurring during the period of insurance and in the course of the business and you being included in the register maintained by the Information Commissioner’s Office (ICO), or being in the process of notification to them, and such not having been refused or withdrawn and provided that we will not be liable:
i. For any deliberate act or omission by you or any director, partner or employee from which you or they could have reasonably expected liability or costs to attach
ii. For liability or defence or prosecution costs arising from recording, processing or provision of data for reward
iii. For liability or defence or prosecution costs arising from determining the financial status of a person
iv. For liability or defence or prosecution costs arising from an agreement which would not have attached in absence of such agreement
v. For the cost of rectifying, replacing, reinstating or destroying or erasing any data
vi. If an indemnity is provided by any other insurance.
Defective Premises Act:
We will cover you in respect of legal liability incurred by you during the period of insurance for accidental:
a. Injury
b. Damage arising solely by reason of:
i. Section 3 of the Defective Premises Act 1972 or
ii. Section 5 of the Defective Premises (Northern Ireland) Order 1975 in connection with premises which were owned by you in connection with the business but have been disposed of by you provided that we not be liable:
1. For the cost of remedying any defect or alleged defect in the premises
2. If an indemnity is provided by any other insurance.
Overseas Personal Liability:
We will cover you or any director, partner or employee or any member of their family accompanying them in respect of legal liability incurred in a personal capacity arising out of accidental:
a. Injury to any person
b. Damage to property occurring during the period of insurance during visits of less than six months’ duration in connection with the business to territories outside the territorial limits provided that:
i. The conduct and control of all claims is vested in us
ii. Any person entitled to indemnity under this extension complies with and is subject to the terms, conditions and exclusions of this policy in so far as they can apply.
Movement of Obstructing Vehicles:
We will cover you in respect of legal liability arising from you or an authorised employee acting on your behalf moving any obstructing motor vehicle that is not owned or hired by or lent to you or them to allow access to the premises or the movement of another vehicle provided that:
a. Vehicle movements are made only by use of the owner’s ignition key
b. The person moving the vehicle is competent to do so
c. We will not be liable for:
i. Damage to the moved vehicle or goods carried in or on it
ii. The movement of a vehicle in circumstances where compulsory insurance or security is required by law.
Indemnity to Principal:
We will, at your request, treat any principal as though they were you in respect of accidental:
a. Injury
b. Damage arising out of the performance of work by you for the principal provided that:
i. You would have been liable if the claim had been made against you
ii. The principal complies with and is subject to the terms, conditions and exclusions of this policy in so far as they can apply
iii. The conduct and control of all claims is vested in us
iv. Our liability will be limited to only what is required by the contract between you and the principal.
12 Legionellosis
General Exclusion 6 Pollution or Contamination will not apply in respect of legionellosis provided that:
a. We will not be liable for legionellosis occurring prior to the commencement of cover under this section
b. We will not be liable unless:
i. Claims are first made in writing to you, a director or partner during the period of insurance, or
ii. The first notification of injury or alleging injury or of any incidents which may give rise to a claim made to you, a director or partner is notified to us during the period of insurance or within 30 days of expiry of the same period of insurance
c. We will not be liable for any legionellosis occurring in the United States of America or any territory within its jurisdiction or Canada
d. All legionellosis arising out of one occurrence shall be deemed to have occurred at the time such occurrence takes place
e. The maximum amount we will pay including damages, claimants’ costs and expenses and your costs and expenses for pollution and contamination arising from or in connection with legionellosis during any one period of insurance will not exceed the public liability limit of indemnity shown on the schedule
f. Where more than one party is entitled to indemnity under this extension, our total combined liability to all parties will not exceed the public liability limit of indemnity shown on the schedule in any one period of insurance.
Wrongful Arrest:
We will pay the amount of damages and claimants’ costs and expenses which you become legally liable to pay as a result of charges of wrongful arrest or malicious prosecution being brought against you or any director, partner or employee. We will also pay for your costs and expenses. Provided that:
a. The person subjected to wrongful arrest or malicious prosecution is not an employee
b. Such charges are brought in connection with the business during the period of insurance.
Motor Contingent Liability:
We will cover you in respect of legal liability incurred by you for accidental:
a. Injury
b. Damage to property arising out of the use of any motor vehicle in the course of the business provided that we will not be liable:
i. For any vehicle owned or provided by you or any principal for whom you are working or any subcontractor acting for you or on your behalf
ii. For damage to such vehicle or to goods conveyed in or on it
iii. For any vehicle being driven by any person you or your representative know does not hold a licence to drive such vehicle unless such person has held and is not disqualified from holding or obtaining such a licence
iv. Where indemnity is provided under any other insurance or security
v. For liability arising outside Europe
vi. To provide cover in respect of any party other than you.
Excess:
We will not pay for the amount of the excess shown on the schedule.
Products Supplied:
We will not pay for liability arising from or in connection with any products supplied other than food or drink supplied to your non-paying guests.
Employees:
We will not pay for liability for injury sustained by any employee arising out of and in the course of their employment by you.
Vehicles:
We will not pay for liability arising from or in connection with the ownership, possession or use by you or on your behalf of:
a. Any mechanically propelled vehicle or plant being used in circumstances where road traffic legislation requires that there shall be in force a policy of insurance or other security, provided that if you are not entitled to indemnity from any other policy or security, this exclusion shall not apply to the bringing to or taking away of the load from any vehicle
b. Aircraft, hovercraft, drilling platform or rig and other offshore platforms or watercraft other than hand propelled watercraft, railways, railway locomotives and carriages.
Jurisdiction:
We will not pay for any claim made in the courts of a country outside Europe.
Defective Work:
We will not pay for the cost of making good, replacing or reinstating defective work carried out by you or on your behalf.
Advice:
We will not pay for liability arising:
a. Out of technical, professional or remedial instruction and advice given for a fee or for which a fee would normally be charged
b. From failure to give advice or any lack of professional skill.
Property in Your Possession:
We will not pay for damage to:
a. Property belonging to you
b. Property held in trust or in the custody or control of you or any director, partner or employee but this exclusion shall not apply to:
i. Any personal property (including motor vehicles) of directors, partners or employees or visitors of yours
ii. Premises occupied by you as provided by Extension 1 Leased, Hired or Rented Premises.
Property Worked On:
We will not pay for liability in respect of damage to property being worked on where the damage is as a direct result of the work undertaken.
Excluded Compensation:
We will not pay for:
a. Liquidated damages, fines or penalties
b. Exemplary, punitive or multiplied damages (these are damages in excess of normal compensation awarded to punish you).
Contractual Liability:
Except as otherwise shown in Extension 1 Leased, Hired or Rented Premises and Extension 8 Data Protection Act 1998, We will not pay for liability assumed under the terms of a contract or agreement:
a. Unless liability would also have attached in the absence of such contract or agreement and such liability is otherwise covered by this policy, and
b. Where the terms of the contract or agreement made by you prevent us from taking over the full defence or settlement of a claim.
Offshore Work:
We will not pay for liability arising from or in connection with:
a. Any work in or on any offshore installation or support vessel
b. Travel to, from or between any offshore installation or support vessel
c. Work undertaken from an offshore installation or support vessel.
Overseas Personal Liability:
We will not pay:
a. For liability arising from or in connection with:
i. Any business, profession or trade
ii. Ownership or occupation of land or buildings
iii. Ownership possession or use of: - mechanically propelled vehicles and anything attached to them - craft intended to travel through air or space - hovercraft and watercraft (other than non mechanically propelled craft less than nine metres in length used on inland waters) - animals (other than pet domestic animals)
iv. Property held in trust
v. Injury to any director, partner or employee or family member accompanying them
b. Liability more specifically insured.
Loss of Rent Coverage
This Wording is Taken From A Property Owners Policy. Policies May Differ in Coverage.
Cover:
We will pay for loss of rent receivable as a result of accidental damage occurring during the period of insurance to insured property at the premises by any of the cover causes shown against this sub-section on the schedule.
We will calculate the loss of rent receivable as follows:
a. In respect of the reduction in rent receivable due to the damage, the amount by which rent receivable during the indemnity period shall in consequence of the damage fall short of the amount that should have been received, and
b. Increase in cost of working but not exceeding the reduction of rent receivable avoided less any sum saved during the indemnity period for charges and expenses payable out of rent receivable which reduce or cease.
Extensions to Sub-Section A – Rent
Accountants’ and Auditors’ Charges:
We will pay for charges payable by you to your accountants or auditors for producing particulars, details, proofs, information or evidence that we may require.
Documents:
We will cover you for loss resulting from interruption of or interference with the business as a direct result of accidental damage occurring during the period of insurance to computer records, documents, manuscripts and business books belonging to you or held in trust by you by any of the cover causes shown on the schedule against this sub-section whilst temporarily at premises not in your occupation or whilst in transit by road, rail or inland waterway in the territorial limits and travelling between the specified territories.
Denial of Access:
We will pay for loss of rent receivable as a direct result of accidental damage occurring during the period of insurance to property within a radius of 1 km of the premises or your managing agents’ premises by any of the cover causes shown on the schedule against this sub-section which prevents or physically hinders the use of or access to the premises or your managing agents’ premises.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Public Utilities:
We will pay for loss of rent receivable as a direct result of accidental failure occurring during the period of insurance of:
a. Wireless or wired telecommunications services
b. The public supply of water, electricity or gas at the terminal ends of the supply company’s feed at the premises provided that we will not be liable for:
i. The deliberate act of the supplier to restrict or withhold the supply
ii. Atmospheric, solar or lunar conditions causing interference with transmissions to or from any satellite
iii. A fault in any part of the installation you are responsible for at the premises
iv. Drought
v. Any failure of wireless or wired telecommunications services or a public supply which lasts less than 24 consecutive hours.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Managing Agents:
We will pay for loss of rent receivable as a direct result of accidental damage occurring during the period of insurance to property at the premises of your managing agents by any of the cover causes shown on the schedule against this subsection.
We will not pay for:
a. Any loss as a result of damage at any premises not within the territorial limits
b. Any amount in excess of £25,000 in any one period of insurance.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Automatic Increase in Sum Insured:
The sum insured by this sub-section is increased by an amount not exceeding 100% to allow for increases arising out of rent reviews occurring within the indemnity period.
This extension shall not apply in respect of increases already agreed at the inception of the period of insurance in which the loss occurs. Loss of Rent Section
Diseases (Premises), Poisoning, Vermin, Defective Drains, Murder or Suicide:
We will pay for loss of rent receivable resulting from interruption of or interference with the business as a direct result of:
a. Any occurrence of the following diseases, or discovery of an organism which causes the following diseases, at the premises: acute encephalitis, acute poliomyelitis, anthrax,
chicken pox, cholera,
diphtheria, dysentery,
legionellosis, legionnaires disease, leprosy,
leptospirosis,
malaria, measles, meningococcal infection, mumps,
paratyphoid fever, plague,
rabies, rubella,
scarlet fever,
tetanus, tuberculosis, typhoid fever,
viral hepatitis,
whooping cough or
yellow fever
b. Any occurrence of food or drink poisoning attributable to food or drink supplied from the premises
c. The discovery of vermin or pests at the premises which causes restrictions on the use of the premises on the order or advice of the local authority
d. Any accident causing defects in the drains or other sanitary arrangements at the premises which causes restrictions on the use of the premises on the order or advice of the local authority
e. Any occurrence of murder or suicide at the premises during the period of insurance.
Loss of Attraction:
We will pay for loss of rent receivable as a direct result of accidental damage occurring during the period of insurance to property within a radius of 1 km of the premises by any of the cover causes shown on the schedule against this sub-section which:
a. Solely and directly results in a fall in the number of customers to the premises
b. Avoids or delays an agreement which is in the course of negotiation to rent or lease the buildings.
Buildings Awaiting Sale:
If, at the time of damage insured by this policy, you have contracted to sell your interest in any building at the premises and the sale is cancelled or delayed solely in consequence of the damage, the amount payable by us under this sub-section may, at your option, be as follows:
1. During the period prior to the date upon which but for the damage the building would have been sold, the reduction in the rent receivable solely in consequence of the damage
2. During the period commencing with the date upon which but for the damage the building would have been sold and ending with the actual date of sale or when the building has been restored to its pre-damaged condition or with the expiry of the indemnity period whichever is earlier during which the results of the business are affected in consequence of the damage
a. The loss in respect of interest being:
i. The actual interest incurred on capital borrowed (solely to offset in whole or in part the loss of use of the sale proceeds) for the purpose of financing the business
ii. The investment interest lost to you on any balance of the sale proceeds (after the deduction of any capital borrowed as provided for under item a i above) less any rent receivable.
b. The additional expenditure being:
i. Additional expenses incurred in consequence of the damage solely to avoid or minimise the loss payable under 1 and 2 above but not exceeding the amount of loss avoided by such expenditure
ii. Additional legal fees or other costs incurred solely as a result of the cancellation or delay of the sale in consequence of the damage but not exceeding an amount equivalent to the expenditure incurred immediately prior to the damage.
Provided that the amount payable under this extension will not exceed the rent receivable that would have been earned had the building been leased or rented.
Sub-Section B – Alternative Accommodation
Cover:
If any building or portion of any building which is occupied as a private residence is rendered uninhabitable or inaccessible as a direct result of accidental damage occurring during the period of insurance to such building by any of the cover causes shown against Sub-Section B – Alternative Accommodation on the schedule, we will pay for the:
a. Cost of alternative accommodation for you or your tenants or lessees
b. Cost of temporary storage of your or your tenants’ or lessees’ furniture Loss of Rent Section
c. Cost of temporary accommodation for your or your tenants’ or lessees’ domestic pets where such pets normally reside with you or them but are not permitted in the alternative accommodation provided under item a above incurred by you during the indemnity period.
Denial of Access:
We will pay for the cost of alternative accommodation as a direct result of accidental damage occurring during the period of insurance by any of the cover causes shown on the schedule against this sub-section to property within a radius of 1 km of the premises which prevents or physically hinders the use of or access to the premises.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Public Utilities:
We will pay for the cost of alternative accommodation as a direct result of accidental failure occurring during the period of insurance of:
a. Wireless or wired telecommunications services
b. The public supply of water, electricity or gas at the terminal ends of the supply company’s feed at the premises provided that we will not be liable for:
i. The deliberate act of the supplier to restrict or withhold the supply
ii. Atmospheric, solar or lunar conditions causing interference with transmissions to or from any satellite
iii. A fault in any part of the installation you are responsible for at the premises
iv. Drought
v. Any failure of wireless or wired telecommunications services or a public supply which lasts less than 24 consecutive hours.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Sub-Section C – Machinery Breakdown
The cover described below is only operative if Sub-Section A – Rent is shown on the schedule Cover
We will pay for loss of rent receivable as calculated under Sub-Section A – Rent, subject to the limit shown on the schedule for Sub-Section C – Machinery Breakdown, directly arising from an accident to covered equipment insured by the Property Section and for which we have admitted liability under Sub-Section D – Machinery Breakdown.
Extensions to Sub-Section C – Machinery Breakdown (Subject to the terms, conditions and exclusions of this sub-section, this section and this policy)
Computer Operations:
We will pay for costs incurred in minimising or preventing interruption of or interference with your computer operations following an accident to or derangement of computer equipment insured by the Property Section for which we have admitted liability under Sub-Section D – Machinery Breakdown.
Additional Access Costs:
We will pay for additional costs incurred in order to gain access to repair or replace the covered equipment following an accident.
Automatic Rent and Alternative Accommodation Cover (Buildings or Portions of Buildings Occupied as a Private Residence)
The cover described below is only operative if shown on the schedule.
Cover:
We will pay for loss of rent receivable and the cost of alternative accommodation in accordance with Sub-Section A – Rent and Sub-Section B – Alternative Accommodation (including the extensions to each sub-section) solely in respect of any building or portion of any building occupied as a private residence.
The cover provided is subject to:
a. The applicable cover causes being as shown on the schedule against Sub-Section A – Buildings of the Property Section
b. The total amount payable for loss of rent receivable and the cost of alternative accommodation combined not exceeding 20% of the sum insured shown on the schedule in respect of Sub-Section A – Buildings of the Property Section (or in respect of the extensions to Sub-Section A – Rent, the limit stated therein if lower)
c. A maximum indemnity period of 36 months (unless otherwise stated).
Property Insurance:
Unless otherwise stated, we will not pay for loss of rent receivable or cost of alternative accommodation unless at the time of the damage to property causing such loss or costs, there is in force an insurance policy covering your interest in the property for the damage suffered and:
a. Payment has been made or liability admitted for the damage, or
b. Payment would have been made or liability would have been admitted for the damage but for the exclusion of losses below a stated amount or percentage in the policy
Diseases (Premises), Poisoning, Vermin, Defective Drains, Murder or Suicide:
We will not pay for:
i. Any costs incurred in the cleaning, repair, replacement, recall or checking of property or the premises
ii. Any amount in excess of £100,000 in any one period of insurance. For the purposes of this extension, the indemnity period means the period during which the results of the business are affected in consequence of the occurrence, discovery or accident beginning:
a. In the case of a, b and e above, with the date of the occurrence or discovery (whichever occurs first), or
b. In the case of c and d above, with the date from which local authority restrictions are applied to the premises and ending not later than three months thereafter.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Loss of Attraction:
We will not pay for:
i. Any loss during the first 24 hours of the indemnity period
ii. Any loss arising from or in connection with the obstruction of roads, streets or any other rights of way due to weather or climatic conditions
iii. Any amount in excess of £100,000 in any one period of insurance.
For the purposes of this extension, the indemnity period is three months and not as otherwise stated.
The Property Insurance exclusion to the Loss of Rent Section does not apply to this extension.
Sub-section B - Alternative Accommodation
Cover:
We will not be liable for costs arising: i once the buildings become habitable or accessible again ii after the indemnity period shown on the schedule has expired.
Sub-Section C - Machinery Breakdown
Computer Operations:
Our liability under this extension will not exceed £50,000 for any one accident and £100,000 in any one period of insurance.
Additional Access Costs:
Our liability under this extension will not exceed £20,000 for any one accident and £100,000 in any one period of insurance. Exclusions to Sub-Section C – Machinery Breakdown
Back-up Procedures:
We will not be liable for delay in resuming operations due to the need to reconstruct or re-input data or programs on media where you have not fully complied with Condition 2 Back-up Procedures to Sub-Section D – Machinery Breakdown of the Property Section.
Own Surrounding Property Damage:
We will not be liable under this sub-section for loss resulting from the explosion or collapse of any covered equipment operating under steam pressure.
Automatic Rent and Alternative Accommodation Cover (Buildings or Portions of Buildings Occupied as a Private Residence)
Cover:
Cover excludes Sub-Section C – Machinery Breakdown
Landlords Contents Coverage
This Wording is Taken From A Property Owners Policy. Policies May Differ in Coverage.
Contents of Common Areas and Landlord’s Contents:
We will pay for accidental damage occurring during the period of insurance by any of the cover causes shown against each item on the schedule to contents of common areas or landlord’s contents.
Theft of Keys:
If Cover Cause 4 or 6 is operative, we will pay for the cost of replacing locks and keys to the buildings or intruder alarm systems following accidental damage to keys arising out of theft or attempted theft provided that the keys were stolen from the buildings or your private residence or the private residence of any director, partner or authorised employee.
Theft Damage to Buildings:
If Cover Cause 4 or 6 is operative, we will pay for accidental damage to the buildings which you are responsible for repairing, and which is not otherwise insured, arising out of theft or attempted theft involving entry to or exit from the buildings by forcible and violent means.
Temporary Removal:
We will pay for accidental damage to contents of common areas or landlord’s contents by any of the cover causes shown against each item on the schedule whilst temporarily removed from the premises for cleaning, renovation, repair or similar purposes including whilst in transit by road, rail or inland waterway within the territorial limits.
Glass, Blinds and Signs:
We will pay for accidental damage occurring at the premises during the period of insurance by Cover Cause 6 to:
a. Any glass fitted to the exterior of the buildings.
b. Property insured by this section, within any display windows caused by breakage of any glass.
c. Fixed glass, (including interior showcases and mirrors) inside the buildings up to an amount not exceeding £2,500 in respect of any one loss.
d. External signs up to an amount not exceeding £1,500 in respect of any one loss
e. Sanitaryware, if the cost of replacement has to be paid by you, up to an amount not exceeding £1,500 in respect of any one loss
f. External blinds up to an amount not exceeding £2,500 in respect of any one loss
g. Framework following breakage of fixed glass
h. lettering on glass
i. Alarm foil for which you are responsible.
We will also pay for the cost of boarding up prior to the replacement of any glass insured by this sub-section and the cost of reinstating intruder alarm systems at the premises damaged as a result of glass breakage covered under this sub-section.
For the purposes of this sub-section, glass will also mean any glass substitute material.
Sub-Section D – Machinery Breakdown:
The cover described below is only operative if shown on the schedule Cover
We will pay for loss caused by an accident to covered equipment.
All accidents that are the result of the same event will be considered one accident.
Limit:
Our liability for each item under this sub-section in respect of one occurrence or all occurrences of a series consequent on or attributable to one source or original cause will not exceed the limit stated for that item on the schedule.
Expediting Expenses:
We will pay for the extra cost to make temporary repairs and expedite permanent repairs to, or permanent replacement of, damaged covered equipment which is the subject of a valid claim under this sub-section.
Hire of Substitute Item:
We will pay the hire charges incurred by you during the period of insurance for the necessary hire, following an accident to covered equipment which is the subject of a valid claim under this sub-section, of a substitute item of similar type and capacity during the period of repair or until permanent replacement of the item lost or damaged.
Costs of Reinstating Data:
We will pay the costs incurred in recreating or reinstating on to media data lost or damaged as a result of an accident to or derangement of insured computer equipment.
Hazardous Substances:
We will pay the additional cost to repair or replace covered equipment because of contamination by any substance, other than ammonia, that has been declared to be hazardous to health by a governmental agency including any additional expenses incurred to clean up or dispose of such covered equipment.
Storage Tanks and Loss of Contents:
We will pay for damage caused by an accident to oil storage tanks or water tanks including connected pipework belonging to you or for which you are responsible at the premises.
We will also pay for loss of the contents of oil storage tanks caused by:
a. Leakage, discharge or overflow from the oil storage tanks caused by or resulting from an accident
b. Contamination of the contents of oil storage tanks caused by or resulting from an accident including cleaning costs incurred as a result of such loss.
Own Surrounding Property Damage:
We will pay for damage to property at the premises belonging to you or in your custody and control and for which you are responsible directly resulting from the explosion or collapse of any covered equipment operating under steam pressure.
Debris Removal:
We will pay for costs incurred in the removal of debris and protection of covered equipment following an accident insured under this sub-section.
Repair Costs Investigation:
We will pay for costs incurred with our written consent relating to repair, investigations and tests by consulting engineers for damage to covered equipment caused by an accident.
Public Authorities:
The limit in respect of Sub-Section D – Machinery Breakdown includes an amount for additional costs incurred solely by reason of the necessity to comply with any legislation, statutory requirements or regulations or public authority bye-law in:
a. Reinstating the damaged parts of the buildings
b. Upgrading any undamaged parts of the buildings as a result of an accident to covered equipment that causes damage to buildings insured by this policy.
Hired In Plant:
We will pay all sums you become legally liable to pay under the terms of the hiring agreement for:
a. Physical damage to hired in plant
b. Continuing hiring charges for the hired in plant following damage insured by this extension whilst the hired in plant is at the premises or whilst in transit (other than by sea or air) from one premises to another premises.
We will cover your liability to the extent required by:
i. The Model Conditions for the Hiring of Plant recommended by the Construction Plant-hire Association or the Scottish Plant Owners Association or conditions not more onerous, or
ii. Other specific conditions agreed by us in writing.
In the event of a loss involving hire conditions more onerous than those covered by this extension the indemnity provided will be limited to liability under a or b above as applicable.
In addition if legal proceedings are initiated against you with respect to an incident covered by this extension we will also pay legal expenses incurred by you, with our prior written consent.
For the purposes of this extension, hired in plant means mechanical, electrical or manually powered implements, materials, containment, preparation and handling equipment, scaffolding, staging, ladders and similar equipment, site huts, cabins or similar contractors plant and equipment hired in by you.
Non Invalidation:
The insurance under this section will not be invalidated by any act,omission, alteration or neglect unknown to you or beyond your control whereby the risk of damage is increased provided that you give us notice immediately on becoming aware of such act, omission, alteration or neglect.
We will have the right to amend the premium, terms, conditions and exclusions of this policy, or may exercise our right to cancel this policy in accordance with General Condition 6 Our Cancellation Rights.
Professional Fees:
The sums insured in respect of Sub-Section A – Buildings and Sub-Section B – Contents includes an amount in respect of architects’, surveyors’, legal and consulting engineers’ fees.
We will pay for fees incurred solely in connection with the repair or reinstatement of the insured property but not for the costs of preparing any claim.
Removal of Debris:
The sums insured in respect of Sub-Section B – Contents includes an amount in respect of the costs incurred by you for the:
a. Removal of debris of insured property
b. Dismantling, demolishing, or shoring or propping of the buildings as a result of accidental damage within the territorial limits by any of the cover causes shown against each item of buildings or property under Sub-Section B – contents on the schedule.
Parent and Subsidiary Companies:
In the event of a claim arising under this section we agree to waive any rights, remedies or relief to which we become entitled by subrogation against any company standing in the relation of parent or subsidiary to you or any company which is a subsidiary of a parent company of which you yourself are subsidiary in each case as denied in current legislation.
Damage by Emergency Services:
We will pay for costs and expenses incurred by you, with our prior consent, in repairing, reinstating or making good, damage to property and grounds at the premises caused by emergency services equipment and personnel in the course of effecting a rescue of persons within the buildings where there is believed to be a threat to their lives, or combating or reducing damage to property.
Capital Additions:
Where buildings or landlord’s contents are shown on the schedule, we will pay for accidental damage by the cover causes shown against such items on the schedule to:
a. Alterations and additions to, but not appreciation in value of, the buildings or landlord’s contents insured by this policy
b. Any newly acquired buildings or landlord’s contents within the territorial limits so far as they are not otherwise insured provided that:
i. You tell us of the alteration, addition or acquisition within 30 days of it occurring
ii. You request a change in this policy to cover the alteration, addition or acquisition or arrange specific insurance
iii. You will then pay an additional premium and we will tell you of any changes to the terms, conditions and exclusions of this policy.
Trace and Access:
We will pay for the costs incurred by you, with our prior consent, in: a. Locating the source of an escape of water or fuel oil from any fixed pipe or apparatus on the premises
b. Removing any walls, floors or ceilings for access and repairing or replacing them after repair of such pipe or apparatus has been completed provided that we will not pay the cost of repairs to the actual pipes or apparatus.
Clearing of Drains:
We will pay the costs and expenses incurred by you in cleaning, clearing or repairing drains, gutters or sewers at the premises, for which you are responsible, as a consequence of accidental damage by any of the cover causes shown against buildings on the schedule.
Workmen:
You can engage workmen to carry out repairs and general maintenance to the premises but if the work they are engaged for or are required to do involves:
a. Structural alteration
b. Demolition or partial demolition
c. Compromising of the security protections to the premises that you have told us about and which we require as a condition of your insurance
d. Closure of the buildings or the occupant being required to vacate them you must provide us with full details, and obtain our agreement, before work is commenced and we may advise you of restrictions to be imposed or the additional terms we require in order for cover to continue.
You must provide us with full details, and obtain our agreement, before work is commenced and we may advise you of restrictions to be imposed or the additional terms we require in order for cover to continue.
Loss of Oil and LPG:
We will pay for the cost to replace oil or LPG accidentally lost from a fixed heating installation as a result of accidental damage to the fixed heating installation at the premises by any of the cover causes shown against buildings on the schedule provided that we will not be liable for:
a. Any loss not discovered within 180 days
b. Any loss occurring when the building, residential flat or other self-contained unit within a building in which the loss occurs is unoccupied.
Unauthorised Use of Electricity, Gas or Water:
We will pay for electricity, gas or water charges you are responsible for arising from unauthorised use by persons taking possession or keeping possession or occupying the premises without your authority provided that all practical steps are taken to terminate such unauthorised use as soon as it is discovered.
Metered Water and Gas Charges:
We will pay for metered water and gas charges you are responsible for following accidental damage by any of the cover causes shown against buildings on the schedule to the apparatus after the point of the service feed to the premises provided that we will not be liable for any loss:
a. Where damage is undiscovered for 180 days or more
b. Occurring when the building, residential flat or other self contained unit within a building in which the loss occurs is unoccupied.
Extinguishment and Resetting Expenses:
We will pay up to a maximum limit of £2,500 in respect of any one loss for the cost of:
i. Replacing, recharging or refilling extinguishment materials or appliances used in an attempt to extinguish fire or minimise damage
ii. Replacing used sprinkler heads
iii. Resetting fire and intruder alarm systems and closed circuit television systems
We will pay up to a maximum limit of £10,000 in respect of any one loss for the cost of recharging automatic extinguishment systems in line with the manufacturer’s recommendations provided we will not be liable for costs other than as a direct result of insured damage.
Index Linking:
The sums insured in respect of buildings and landlord’s contents will be adjusted at monthly intervals in accordance with the index drawn up or used by us and we waive all right to additional premium arising out of such adjustment prior to renewal.
At each renewal of this policy, the premium will be adjusted to take account of the effect of indexation in the preceding period of insurance.
Contents in the Gardens of Residential Property:
We will pay for accidental damage to landlords’ contents by Cover Causes 1, 2, 3 or 4 occurring in the open within the garden of a house or flat used solely for residential purposes provided that we will not be liable for damage:
a. To plants, trees or any growing thing
b. Caused while the buildings the garden pertains to are unoccupied.
Re-letting Costs:
We will pay for any costs incurred by you in re-letting the buildings following insured damage.
Terrorism:
If Terrorism cover is shown on the schedule, we will pay for damage to insured property as shown on the schedule within the territorial limits caused by terrorism occurring during the period of insurance provided that:
a. In any action suit or other proceedings where we allege that any damage or loss resulting from damage is not covered by this extension the burden of proving that such damage is covered will be upon you
b. This extension is not subject to any of the exclusions specified in this policy other than as specified in items i to vi of this extension
c. This extension is subject to all the terms and conditions of this policy unless otherwise specified in this extension
d. Our liability in respect of all losses arising out of any one occurrence and in the aggregate in any one period of insurance will not exceed the sums insured or limits shown on the schedule in respect of insured property or as otherwise specified in the policy.
Other Interested Parties:
The cover provided by this section includes the interest of other parties in any item of insured property which forms the subject of a lease, loan or mortgage agreement or a written contract of hire between you and the interested party provided that, in the event of a claim, the nature and extent of such interest is disclosed to us.
Sprinkler Upgrade Costs:
We will pay for the costs incurred by you, with our prior consent, following accidental damage to insured property by any of the cover causes shown on the schedule, occurring during the period of insurance, to upgrade an automatic sprinkler system within the buildings in order to comply with current Loss Prevention Council (LPC) rules provided that:
a. At the time of the damage the system conformed to the LPC rules applicable at the date of its installation
b. The sprinkler installation has a complete service record up to the date of the damage.
Fly Tipping:
We will pay for the costs incurred by you, with our prior consent, in removing property illegally deposited during the period of insurance within the boundaries of the premises including the cost of cleaning of the premises after such removal.
Illegal Cultivation of Drugs:
We will pay for costs incurred by you, with our prior consent, for clean-up and remedial works as a consequence of the use of any building for the manufacture, cultivation, harvesting or processing of any drug, classed as a controlled substance under the Misuse of Drugs Act 1971, by your tenant, lessee or licensee without your, or any director or partner’s knowledge or consent during the period of insurance.
It is a condition precedent to our liability to pay claims under this extension that you must:
a. Obtain and record formal identification of any tenant, lessee or licensee
b. Obtain and retain a written employers’ or local authority reference for any new tenant, lessee or licensee
c. Carry out an internal inspection of all parts of the building at least annually.
Unauthorised Occupation:
If, during the period of insurance, unauthorised persons take possession, keep possession or occupy the premises, we will pay for the costs incurred by you, with our prior consent, in terminating such unauthorised use.
Tree Felling or Lopping:
We will pay for costs incurred by you, with our prior consent, for felling or lopping of trees at the premises where they pose an immediate threat to the safety of persons or the buildings.
Removal of Nests:
We will pay for costs incurred by you, with our prior consent, in removing wasps’ or bees’ nests from the premises.
Radioactive Contamination:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. Ionising radiations or radioactive contamination from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
b. The radioactive, toxic, explosive or other dangerous properties of any explosive nuclear equipment or nuclear part of that equipment.
For Sub-Section A (Buildings) – Employers’ Liability of the Liability Section, this exclusion will only apply to: i the liability of any principal ii liability assumed under the terms of a contract or agreement where liability would not have attached in the absence of such contract or agreement.
War:
With the exception of Sub-Section A (Buildings) – Employers’ Liability of the Liability Section, this policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power.
Northern Ireland:
This policy does not cover any damage to any property in Northern Ireland directly or indirectly caused by, contributed to, by or arising from:
a. riot or civil commotion, or
b. labour disturbances or malicious persons except in respect of accidental damage caused by ire or explosion.
Terrorism:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss
b. any action taken in controlling, preventing, suppressing or in any way relating to terrorism except as provided by:
i. The Liability Section
ii. Extension 17 Terrorism of the Property Section (if shown on the schedule)
iii. Extension 18 Terrorism – Residential Property of the Property Section
iv. The Terrorism extension to the Loss of Rent Section of this policy. In any action, suit or other proceedings, where we allege that by reason of the provisions of this exclusion any damage, injury or liability is not covered by this policy, the burden of proving that such damage, injury or liability is covered shall be upon you.
Electronic Risks:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. damage to any system or item which processes, stores, transmits, retrieves or receives data whether owned by you or not and whether tangible or intangible (including any data or information or programs or software) where such damage is caused by programming or operating error by any person, acts of malicious persons, virus, hacking, denial of service attack or failure of any external network
b. the erasure, loss, distortion or corruption of data or unauthorised access to or alteration or modification of data or information on systems or other records, programs or software
c. any misinterpretation, use or misuse of data or information on systems or other records, programs or software
d. unauthorised transmission of data to any third party, or transmission of any virus
e. damage to any other property directly or indirectly caused by or arising from damage described in a, b, c or d of this exclusion
But this shall not exclude accidental damage which results from a cover cause shown against buildings or landlord’s contents on the schedule except for acts of malicious persons which do not involve physical force or violence.
Pollution or Contamination:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from pollution or contamination. This exclusion does not apply to:
a. The Legal Expenses Section
b. Sub-Section A – Employers' Liability of the Liability Section
c. Sub-Section B – Public Liability of the Liability Section where pollution or contamination consists of a sudden, identifiable, unintended and unexpected occurrence which takes place in its entirety at a specific time and place during the period of insurance
d. The Property or Loss of Rent Sections where damage to the property insured is caused by:
i. Pollution or contamination which itself results from Cover Cause 1 or 2
ii. Any one of Cover Causes 1 or 2 which itself results from pollution or contamination. We will not be liable however for costs arising from pollution or contamination of property or buildings not insured under the Property Section.
Territorial Limits:
This policy does not cover any damage, injury or liability occurring outside the territorial limits unless otherwise stated.
Asbestos:
This policy does not cover any liability of whatsoever nature arising out of mining, processing, manufacturing, removing, disposing of, distributing or storing of asbestos or products made entirely or mainly of asbestos.
This exclusion shall not apply to the removal or disposal of asbestos or products made entirely or mainly of asbestos provided:
a. Such activity does not form part of your usual business
b. The discovery of asbestos is unintentional and accidental and that upon discovery of asbestos or products made entirely or mainly of asbestos all work immediately stops
c. An asbestos removal contractor licensed by the Health and Safety Executive is employed as soon as practicable to make safe the area in which the discovery is made and who has employers’ and public liability insurance in force for limits no less than those stated on your own such policies and that such work is not excluded by the contractor’s own employers’ and public liability policy.
Sanctions:
We will not provide any cover or be liable to provide any indemnity or payment or other benefit under this policy to the extent that providing such cover, indemnity, payment or benefit would expose us (Broker, Insurance Company or any subsidiary thereof) to the violation of any:
a. Sanction, prohibition or restriction imposed under United Nations resolutions, or
b. Trade or economic sanctions of the United Kingdom, European Union, the United States of America or any other territory, or
c. Laws or regulations of the United Kingdom, European Union, the United States of America or any other territory.
Loss of Keys:
Our liability under this extension will not exceed £2,500 in any one period of insurance.
Temporary Removal:
Our liability under this extension will not exceed 25% of the total sum insured shown on the schedule for this sub-section or £100,000 whichever is lower.
Glass, Blinds and Signs:
We will not pay for:
a. Damage arising:
i. From repairs or alterations to the premises
ii. In unoccupied premises
b. Damage which occurred prior to the commencement of cover under this sub-section
c. Damage to any glass or sanitaryware comprising samples or display materials held in connection with the business
d. Scratching or chipping of glass
e. Damage to electrical signs by:
i. Rust or other gradually operating cause
ii. Mechanical or electrical breakdown
f. Damage to tubes within electrical signs unless the surrounding glass is fractured at the same time
g. Damage arising from repair, removal or erection of glass, blinds, signs or sanitaryware
h. Scratching or chipping of sanitaryware unless there is breakage or complete fracture of such a nature as to render such article totally unserviceable
Expediting Expenses:
Our liability under this extension will not exceed £20,000 for any one accident.
Hire of Substitute Item:
Our liability under this extension will not exceed £10,000 for any one accident.
Cost of Re-Instating Data:
We will not pay for loss of or damage to software. Our liability under this extension will not exceed £25,000 for any one accident.
Hazardous Substances:
Our liability under this extension will not exceed £10,000 for any one accident.
Storage Tanks and Loss of Contents:
Our liability under this extension will not exceed £10,000 for any one accident.
Own Surrounding Property Damage:
Our liability under this extension will not exceed £1,000,000 for any one accident.
Debris Removal:
Our liability under this extension will not exceed £25,000 for any one accident.
Repair Cost Investigation:
Our liability under this extension will not exceed £25,000 for any one accident.
Public Authorities:
Any amount exceeding 15% of the amount that would have been payable if the buildings had been totally destroyed.
Any such cost resulting from a notice served on you prior to the date of the damage.
The amount of any rate, tax, duty, development or other charge arising out of capital appreciation which may be payable in respect of the buildings.
The work of reinstatement or upgrading must be completed within 12 months of the date of the damage unless a longer period is agreed by us in writing.
Hired in Plant:
We will not be liable for:
a. Damage to any property on free loan or hire purchase to you b. Damage to licensed cars, lorries, vans, trucks or other road vehicles which are used in circumstances requiring insurance under any road traffic legislation (other than contractors plant as a tool of trade), quad bikes or motorcycles
c. Unexplained losses or losses discovered on the occasion of checks or inventories unless you can produce reasonable proof that such losses are as a result of an identifiable incident
d. Loss of use of the property insured by this extension or consequential loss of any kind
e. Loss arising from any operation in which a load is shared between any items of lifting plant or lifting equipment unless the lifting operation is conducted in accordance with BS7121.
Our liability under this extension will not exceed £20,000 in any one period of insurance.
Pressure Testing and Insulation Testing:
We will not pay for damage caused by or resulting from a hydrostatic, pneumatic, or gas pressure test of any boiler or pressure vessel or an insulation breakdown test of any type of electrical equipment.
Damage to Data and Media:
We will not pay for damage to data or media of any kind caused by: a. Programming error or programming limitation
b. Computer virus
c. Introduction of malicious code
d. Loss of data
e. Loss of access
f. Loss of use
g. Loss of functionality.
Gradually Operating Causes:
We will not pay for damage caused by or resulting from depletion, deterioration, corrosion, erosion, wear and tear or other gradually developing conditions but if damage results from an accident, we will be liable for that resulting damage.
Resetting:
We will not pay for damage to covered equipment caused by or resulting from any condition which can be corrected by resetting, calibrating, realigning, tightening, adjusting or cleaning or by the performance of maintenance but if damage results from an accident, we will be liable for that resulting damage.
Maintenance Agreements:
We will not pay for damage recoverable under any warranty or guarantee or maintenance agreement in place in respect of the covered equipment.
Removal of Debris:
We will not pay for the cost of removing debris except from the site of such damage and the area immediately adjacent to such site.
Damage by Emergency Services:
Our liability under this extension will not exceed £25,000 in any one period of insurance.
Capital Additions:
Our liability under this extension at any one location will not exceed:
a. In respect of buildings, 10% of the total sum insured on buildings or £250,000 whichever is lower
b. In respect of landlord’s contents, 10% of the total sum insured on landlord’s contents or £5,000 whichever is lower.
For the purposes of this extension only, the definition of buildings and landlord’s contents includes any newly acquired property pending notification to us within the 30 day limit.
Trace & Access:
Our liability under this extension will not exceed £25,000 in any one period of insurance.
Clearance of Drains:
Our liability under this extension will not exceed £10,000 in any one period of insurance.
Loss of Oil and LPG
Our liability under this extension will not exceed £25,000 in any one period of insurance.
Unauthorised Use of Electricity, Gas, Water:
Our liability under this extension will not exceed £10,000 in any one period of insurance.
Metered Water and Gas Charges:
Our liability under this extension will not exceed £10,000 in any one period of insurance.
Contents in the Garden of Residential Property:
Our liability under this extension will not exceed £500 in respect of any one loss.
Re-letting Costs:
Our liability under this extension will not exceed £25,000 in any one period of insurance.
Terrorism:
We will not pay for damage:
i. To any building or property therein insured under this policy, in the name of an individual or individuals, which is occupied as a private residence or any part thereof which is so occupied except as expressly varied in exclusions ii and iii of this extension.
ii. Damage to blocks of lats and/or private dwelling houses or property therein insured under this policy, in the name of an individual or individuals, (other than where such individuals are sole traders, partners in an unincorporated business partnership or trustees and provided they do not occupy any part of the property for their own residential purposes)
iii. damage to any building or property therein comprising mixed commercial and residential usage which is insured under this policy, in the name of an individual or individuals, and/or owned and/or occupied in any part by such individual or individuals unless the commercially occupied proportion of the building is more than 20%
iv. Chemical, biological or radioactive contamination defined as any loss whatsoever or any expenditure resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to, by or arising from:
a. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
b. Ionising radiation or contamination by radioactivity or from the combustion of any radioactive material
c. Chemical, biological or radiological irritants, contaminants or pollutants
In respect of properties occupied as a private residence or any part thereof which is so occupied and/or property therein insured under this policy, in the name of an individual or individuals, except where such properties are insured for terrorism under this extension by virtue of the variations to exclusions ii or iii above
v. Riot, civil commotion, war and allied risks defined as any loss whatsoever directly or indirectly caused by, contributed to, by or arising from or occasioned by or resulting from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power
vi. Digital or cyber risks defined as any loss whatsoever directly or indirectly caused by, contributed to, by or arising from or occasioned by or resulting from:
a. The alteration, modification, distortion, corruption of or damage to any computer or other equipment or component or system or item which processes, stores, transmits, retrieves or receives data or any part thereof, whether tangible or intangible (including but without limitation any information or programs or software), or
b. Any alteration, modification, distortion, erasure, corruption of data processed by any such computer or other equipment or component or system or item whether owned by you or not, where such loss is directly or indirectly caused by or contributed to, by or arising from or occasioned by or resulting from virus or hacking or phishing or denial of service attack.
Terrorism - Residential Property:
We will not pay for any loss or damage whatsoever or any expenditure resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to, by or arising from:
i. Chemical, biological or radiological irritants, contagions, contaminants, pollutants or germs including the threat of release or explosion of such
ii. The use or threat of use or explosion of any nuclear device or radioactive substance. For the purpose of this extension, a loss occurrence means all individual losses arising during a continuous period of twelve hours.
Fly Tipping:
Our liability under this extension will not exceed £25,000 in respect of any one loss and £100,000 in any one period of insurance. We will not pay for any fly tipping occurring when the premises are unoccupied.
Illegal Cultivation of Drugs:
Our liability under this extension will not exceed £5,000 in any one period of insurance
Unauthorised Occupation:
Our liability under this extension will not exceed £5,000 in respect of any one loss and £25,000 in any one period of insurance.
Tree Felling or Lopping:
Our liability under this extension will not exceed £500 in respect of any one loss and £2,500 in any one period of insurance. The excess in respect of this extension is £50 and not as otherwise shown on the schedule.
Removal of Nests:
Our liability under this extension will not exceed £1,000 in respect of any one loss. The excess in respect of this extension is £50 and not as otherwise shown on the schedule.
Building Policy Coverage
This Wording is Taken From A Property Owners Policy. Policies May Differ in Coverage.
Buildings:
We will pay for accidental damage occurring during the period of insurance by any of the cover causes shown against each item of buildings on the schedule.
Extensions to Sub-Section A:
Buildings (Subject to the terms, conditions and exclusions of this sub-section, this section and this policy)
Contracting Purchaser:
Where you contract to sell your interest in a building insured by this sub-section, the contracting purchaser, who has not, but will complete the purchase, has the benefit of the insurance by this sub-section up to the date of completion, to the extent that the buildings are not otherwise insured and provided the purchaser shall comply with and be subject to the terms, conditions and exclusions of this policy in so far as they can apply.
Mortgagee, Freeholder or Lessor:
The interest of any mortgagee, freeholder or lessor in any buildings insured by this policy will not be prejudiced by any act, omission, alteration or neglect of or by the mortgagor or occupier of the buildings which is unknown to or beyond the control of the mortgagee, freeholder or lessor whereby the risk of damage is increased provided that the mortgagee, freeholder or lessor give us notice immediately on becoming aware of such act, omission, alteration or neglect and pays any additional premium required.
Underground Services:
We will pay for accidental damage by any of the cover causes applicable to buildings to underground tanks, water pipes, drains, sewers, gas pipes, electricity and telephone cables extending from the public mains to the buildings to the extent to which you are responsible for repair.
Public Authorities:
The sum insured in respect of Sub-Section A – Buildings includes an amount for additional costs incurred solely by reason of the necessity to comply with any legislation, statutory requirements or regulations or public authority bye-law in:
a reinstating the damaged parts of the buildings
b upgrading any undamaged parts of the buildings as a result of accidental damage to the buildings by any of the cover causes shown against buildings on the schedule.
Theft of Building:
If Cover Cause 4 or 6 is operative in respect of a building, we will pay for accidental damage to that building as a result of theft or attempted theft of any item or part forming part of the fabric or structure of the building.
Our liability under this extension will not exceed £25,000 in any one period of insurance.
Contract Works:
For the purposes of this extension only, the cover provided in respect of buildings is extended to include contract works. We will pay for accidental damage to the contract works occurring during the period of insurance.
We will pay the value of the contract works at the time of the damage or, at our option, we will:
a. reinstate
b. replace, or
c. repair the contract works to a condition substantially the same but not better or more extensive than its condition at the time of the damage.
We will not pay for damage to contract works more specifically insured.
Our liability under this extension will not exceed £100,000 in respect of any one contract or agreement and in any one period of insurance.
Contractors’ Interest:
If you are required under the terms or conditions of any contract or agreement to cover buildings in the joint names of you and any contractor or subcontractor named in such contract or agreement, we agree to note such interest provided that you tell us the details of any one contract or agreement valued at £100,000 or more prior to the commencement of any work and pay any additional premium required.
Further Investigation Expenses:
Following accidental damage to buildings, occurring during the period of insurance, by any of the cover causes shown on the schedule against buildings where a competent construction professional believes there may be more damage to other parts of the building which is not immediately apparent, we will pay for costs incurred by you, with our prior consent, to have this investigated further.
We will only pay for such costs if damage has occurred for which we are liable. Our liability under this extension will not exceed £10,000 in any one period of insurance.
Radioactive Contamination:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. Ionising radiations or radioactive contamination from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
b. The radioactive, toxic, explosive or other dangerous properties of any explosive nuclear equipment or nuclear part of that equipment.
For Sub-Section A (Buildings) – Employers’ Liability of the Liability Section, this exclusion will only apply to: i the liability of any principal ii liability assumed under the terms of a contract or agreement where liability would not have attached in the absence of such contract or agreement.
War:
With the exception of Sub-Section A (Buildings) – Employers’ Liability of the Liability Section, this policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power.
Northern Ireland:
This policy does not cover any damage to any property in Northern Ireland directly or indirectly caused by, contributed to, by or arising from:
a. riot or civil commotion, or
b. labour disturbances or malicious persons except in respect of accidental damage caused by ire or explosion.
Terrorism:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss
b. any action taken in controlling, preventing, suppressing or in any way relating to terrorism except as provided by:
i. The Liability Section
ii. Extension 17 Terrorism of the Property Section (if shown on the schedule)
iii. Extension 18 Terrorism – Residential Property of the Property Section
iv. The Terrorism extension to the Loss of Rent Section of this policy. In any action, suit or other proceedings, where we allege that by reason of the provisions of this exclusion any damage, injury or liability is not covered by this policy, the burden of proving that such damage, injury or liability is covered shall be upon you.
Electronic Risks:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from:
a. damage to any system or item which processes, stores, transmits, retrieves or receives data whether owned by you or not and whether tangible or intangible (including any data or information or programs or software) where such damage is caused by programming or operating error by any person, acts of malicious persons, virus, hacking, denial of service attack or failure of any external network
b. the erasure, loss, distortion or corruption of data or unauthorised access to or alteration or modification of data or information on systems or other records, programs or software
c. any misinterpretation, use or misuse of data or information on systems or other records, programs or software
d. unauthorised transmission of data to any third party, or transmission of any virus
e. damage to any other property directly or indirectly caused by or arising from damage described in a, b, c or d of this exclusion
But this shall not exclude accidental damage which results from a cover cause shown against buildings or landlord’s contents on the schedule except for acts of malicious persons which do not involve physical force or violence.
Pollution or Contamination:
This policy does not cover any damage, injury or liability directly or indirectly caused by, contributed to, by or arising from pollution or contamination. This exclusion does not apply to:
a. The Legal Expenses Section
b. Sub-Section A – Employers' Liability of the Liability Section
c. Sub-Section B – Public Liability of the Liability Section where pollution or contamination consists of a sudden, identifiable, unintended and unexpected occurrence which takes place in its entirety at a specific time and place during the period of insurance
d. The Property or Loss of Rent Sections where damage to the property insured is caused by:
i. Pollution or contamination which itself results from Cover Cause 1 or 2
ii. Any one of Cover Causes 1 or 2 which itself results from pollution or contamination. We will not be liable however for costs arising from pollution or contamination of property or buildings not insured under the Property Section.
Territorial Limits:
This policy does not cover any damage, injury or liability occurring outside the territorial limits unless otherwise stated.
Asbestos:
This policy does not cover any liability of whatsoever nature arising out of mining, processing, manufacturing, removing, disposing of, distributing or storing of asbestos or products made entirely or mainly of asbestos.
This exclusion shall not apply to the removal or disposal of asbestos or products made entirely or mainly of asbestos provided:
a. Such activity does not form part of your usual business
b. The discovery of asbestos is unintentional and accidental and that upon discovery of asbestos or products made entirely or mainly of asbestos all work immediately stops
c. An asbestos removal contractor licensed by the Health and Safety Executive is employed as soon as practicable to make safe the area in which the discovery is made and who has employers’ and public liability insurance in force for limits no less than those stated on your own such policies and that such work is not excluded by the contractor’s own employers’ and public liability policy.
Sanctions:
We will not provide any cover or be liable to provide any indemnity or payment or other benefit under this policy to the extent that providing such cover, indemnity, payment or benefit would expose us (Broker, Insurance Company or any subsidiary thereof) to the violation of any:
a. Sanction, prohibition or restriction imposed under United Nations resolutions, or
b. Trade or economic sanctions of the United Kingdom, European Union, the United States of America or any other territory, or
c. Laws or regulations of the United Kingdom, European Union, the United States of America or any other territory.
Public Authorities:
Any amount exceeding 15% of the amount that would have been payable if the buildings had been totally destroyed.
Any such cost resulting from a notice served on you prior to the date of the damage.
The amount of any rate, tax, duty, development or other charge arising out of capital appreciation which may be payable in respect of the buildings.
Professional Indemnity Policy Coverage
This Wording is Taken From A Professional Indemnity Policy. Policies May Differ in Coverage.
Claims made against You
We will pay on Your behalf all amounts for which You become legally liable as a result of any claim first made against You during the Period of Insurance for
1. Any negligent act error or omission committed by You
2. Any negligent act error or omission committed by any contractor or subcontractor for whose acts errors and omissions You are legally liable
3. Unintentional breach infringement or unauthorised use of confidential information trade secrets copyrights trademarks designs or computer routines and programmes not owned by You and committed in good faith
4. Unintentional defamation
5. Damage to Documents not owned by You provided that the claim or any Circumstance is notified to Us during the Period of Insurance and arises out of the provision of Professional Services within the Geographical Limits.
Adjudication
We will also pay any amounts for which You become legally liable as a result of any decision made by an adjudicator appointed to resolve a dispute in accordance with the Scheme for Construction Contracts as contained in the Housing Grants Construction and Regeneration Act 1996 provided that the award arises from a claim or Circumstance for which cover would otherwise be provided under the Claims Made Against You clause above (notwithstanding its referral to the adjudicator).
Breach of Health & Safety Legislation
We will pay the costs and expenses incurred in the defence of any proceedings brought against You during the Period of Insurance and notified to Us during the Period of Insurance under Health & Safety Legislation where in Our opinion the provision of the defence could protect You against a claim for which cover would otherwise be provided under this section of the certificate.
Mitigation costs
We may at Our discretion and subject to Our prior written consent reimburse You for reasonable and necessary costs incurred by You in respect of any action taken to mitigate a loss or potential loss that would otherwise become the subject of a claim for which cover would be provided under this section of the certificate.
Irrecoverable fees
We may at Our discretion and subject to Our prior written consent reimburse You up to the value of any fee owed to You by Your client where that client is alleging that You are in breach of Your professional duty and where in Our sole opinion a valid claim is likely to be made against You in respect of a breach for which this section of the certificate would otherwise provide cover provided that the breach is notified to Us during the Period of Insurance and arises as a result of the conduct of Your Business within the Geographical Limits.
Defence costs
We will also pay all other costs and expenses incurred by Us or by You with Our prior written consent in connection with the investigation defence or settlement of a claim However We will not pay any costs or expenses in relation to any claim for which no cover is provided by this section of the certificate.
Court attendance costs
We will pay You £250.00 for every day that an Employee is required by Your legal representatives to attend court in connection with any claim for which cover is provided under this section of the certificate.
Section Indemnity Limit
Aggregate limit of indemnity
We will pay up to the limit of indemnity for Professional Indemnity stated in the Schedule in total in respect of all claims made during the Period of Insurance This amount will be inclusive of all costs and expenses incurred in connection with the investigation defence or settlement of those claims and all mitigation costs.
Limit for Damage to Documents
In respect of any and all claims made during the Period of Insurance arising as a result of Damage to Documents by You the maximum We will pay will be £100,000.00. This amount will form part of and will not be in addition to the limit of indemnity for Professional Indemnity stated in the Schedule.
Limit for breach of health & safety legislation
In respect of any proceedings brought against You during the Period of Insurance under the Health and Safety Legislation the maximum We will pay for defence costs and expenses will be £100,000.00. This amount will form part of and will not be in addition to the limit of indemnity stated for Professional Indemnity in the Schedule.
Limit for court attendance costs
In respect of any and all claims made during the Period of Insurance arising as a result of the Court attendance costs clause in the Section Cover above the maximum amount We will pay will be £10,000.00. This amount will form part of and will not be in addition to the limit of indemnity for Professional Indemnity stated in the Schedule.
Excess
In respect of any claim You will pay the Excess stated in the Schedule and We will only pay the part of the claim which exceeds the Excess.
In respect of any Series of Claims You will be required to pay only one Excess.
Where the sole payment is in respect of costs and expenses incurred in the investigation defence or settlement of a claim (or Series of Claims) the Excess will not apply.
Section Exclusions
We will not pay
Bodily Injury & Property Damage any claim in respect of
1. Bodily Injury or
2. Damage to physical property
Unless arising from Your negligent act error or omission in the provision of Professional Services
Work undertaken prior to the retroactive date any claim arising out of
1. Any act error or omission committed or alleged to have been committed by You prior to the Retroactive Date stated in the Schedule.
2. Any act error or omission committed or alleged to have been committed by You which forms part of an inter-related series of acts errors omissions or events which commenced prior to the Retroactive Date stated in the Schedule.
Contractual liability
Any claim arising from Your agreement to assume any legal liability under any express agreement warranty indemnity waiver or guarantee (including any liability for liquidated damages) unless
1. You would be liable to the same degree or for the same period of time had You not given that agreement or
2. The liability arises from a Collateral Warranty in which case We will provide cover subject to the terms conditions and exclusions of this certificate However We will not pay any claim arising from:
a. Any fitness for purpose guarantee or guarantee in relation to the performance or period of work
b. Any contractual penalty or liquidated damages
c. Your agreement to assume liability to any greater extent or for any longer period than is the case under the agreement with the party with whom You originally contracted
d. Your agreement to exercise a standard of care greater than that which would have applied in the absence of the Collateral Warranty
e. Any assignment of the Collateral Warranty to any purchaser or tenant after the first two assignments
Restricted recovery
Any claim in respect of which You have agreed with another party to exclude or limit Your rights of recovery unless We have approved that agreement and endorsed this section of the certificate accordingly
Fraud & dishonesty
Any claim caused by arising out of or in any way involving any dishonest fraudulent criminal or malicious act or omission committed by You or committed by any contractor or subcontractor working on Your behalf
Unqualified persons
Any claim arising from any Professional Services where the works are not carried out by or under the direct supervision of a Qualified Person
Work undertaken by subcontractors
Any claim arising from the provision of services by any contractor or sub-contractor working on Your behalf unless:
1. Those services are provided pursuant to a written contract which
a. Is subject to English Scottish or Northern Irish law
b. Contains an arbitration or adjudication clause and
c. Does not restrict Your rights of recovery from that contractor or sub-contractor in the event of a claim being made against You for services performed on Your behalf
2. You have disclosed the fees paid to that contractor or subcontractor to Us
It is a Condition Precedent to Our liability under this certificate that You obtain written verification at the time of engagement that any contractor or sub-contractor maintains Professional Indemnity Insurance and that such insurance:
a. Is maintained for a period of at least 6 years after completion of the contract
b. Has a limit of indemnity of at least £1,000,000.00
Controlling interest
Any claim arising from or brought by:
1. Any firm company or organisation in which You have a controlling interest or
2. Any entity that has a controlling interest in You by virtue of their having a majority financial or executive interest in Your operation
unless the claim originates from a source independent of that firm company organisation or entity Fines penalties & damages any fines punitive penal multiple or exemplary damages where they can be identified separately within any award of a court
Defective workmanship & materials
Any claim arising from:
1. Defective workmanship or materials supplied by You or by any contractor or sub-contractor working on Your behalf
2. Your failure or the failure by any contractor or subcontractor appointed by You to inspect or supervise Your own work or that of any contractor or sub-contractor working on Your behalf
Cost estimates any claim arising from the provision of estimates by You for designs or construction costs unless the estimates are compiled by:
i. A Quantity Surveyor who is a Fellow or Professional Associate of the Royal Institution of Chartered Surveyors and who is directly appointed by and acting for You or on Your behalf or
ii. An Employee with at least 5 years consecutive professional experience in the provision of similar estimates
Insurance & finance
Any claim arising out of or in any way involving the arrangement or maintenance of insurance or finance the provision of finance or advice on financial matters Joint ventures any claim arising from any partnership joint venture consortium or profit sharing scheme of which You are a member unless that partnership joint venture consortium or profit sharing scheme is included within the definition of You
Pollution
Any claim caused by arising out of or in any way involving Pollution
Adjudication
1. Any claim in respect of any decision made against You by an adjudicator who was not independent of the parties in the dispute
2. Any claim arising out of or related to any adjudication arising from an adjudication clause in a contract which contains timetable provisions for adjudication which are more onerous to You than those contained in the Scheme for Construction Contracts referred to in the Housing Grants Construction and Regeneration Act 1996
Patent infringement
Any claim caused by arising out of or in any way involving Your infringement of any patent
Legal action outside Jurisdiction
Any claim made or action instituted:
1. Outside the countries stated in the Schedule under Jurisdiction
2. To enforce a judgement obtained from any court outside the Jurisdiction stated in the Schedule
USA & Canada
Any claim made or action instituted:
1. Within the United States of America and/or Canada or any territories which come within the jurisdiction of the United States of America and/or Canada
2. To enforce a judgement obtained in any Court of the United States of America and/or Canada or any territories which come within the jurisdiction of the United States of America and/or Canada
Animal property transport & occupiers liability
1. Any claim arising from the ownership possession or use by You of any animal buildings premises structures land aircraft watercraft or vehicle
2. Any claim for Damage to property owned by leased hired rented or entrusted to You or otherwise in Your care custody or control
Insolvency & trading losses
Any claim arising out of or in connection with:
1. Your insolvency (including any claim made by Your liquidator provisional liquidator or administrator) or any trading losses or trading liabilities incurred by any business managed or carried on by You
2. The insolvency of any contractor or subcontractor working on Your behalf
Directors & Officers liability
Any claim made against:
1. You in Your capacity as a director officer or trustee in respect of Your performance or non-performance of Your duties as a director officer or trustee
2. Your principal partner director or executive officer in respect of a breach of his legal duty to manage You in accordance with his legal and/or regulatory obligations
Liability arising out of employment
Any claim in respect of:
1. Bodily Injury to any Employee
2. Any breach of any contractual statutory or other obligation owed by You as an employer to any Employee
Employment Practice Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
Employment Practices Liability Insuring Clause
The insurer shall indemnify the Company against any Loss incurred by the Company arising from a Claim that first arises during the Period of Insurance as a result of any Employment Wrongful Act,
provided that such Claim is brought against the Company by:
a. An Employee or prospective Employee;
b. A partner or prospective partner of the Insured;
c. A director, non-executive director or officer or prospective director, prospective non-executive director or prospective officer of any Company;
d. A natural person at work (whether self employed or employed by an organisation other than the Company), provided that such natural person is providing services to the Company on premises owned and occupied by the Company; or
e. Where such Claim is in respect of an Investigation; Equality and Human Rights Commission (EHRC) 2010 or any other officially recognised regulatory, professional, or trade body, or any similar or equivalent body.
Employment Practices Limit of Indemnity
The insurer's liability under this Coverage Section shall not exceed the Limit of Indemnity in the Schedule, provided that:
Where the insurer is liable to indemnify more than one person, firm, company or body the total amount of indemnity payable under this Policy shall not exceed the Limit of Indemnity.
Employment Practices Liability Extensions
The following coverage Extensions shall be provided under this Section III (“Employment Practices Liability”), provided that:
a. The terms of sub-section A. (“Employment Practices Liability Insuring Clause”) above shall apply; and
b. The maximum liability of the insurer during the Period of Insurance under each Extension shall, unless specified in the relevant Extension, be subject to the limit as detailed in sub-section B. (“Employment Practices Liability Limit of Indemnity”) above:
Employment Practices Excess Waiver
No Excess shall apply under this Policy with respect to any Claim in Connection with III. Employment Practices Liability provided that;
a. The Company has a formal written grievance procedure in place; and
b. For any dispute which is the subject of a Loss, the Company is able to demonstrate they have followed the ACAS statutory Code of Practice on disciplinary and grievance procedures from the date the Company’s formal written grievance procedure is first invoked.
Social Media Public Relations Consultancy Fees
The insurer shall indemnify the Company in respect of any Public Relations Consultancy Fees reasonably and necessarily incurred by the Company in order to mitigate the adverse effect or potentially adverse effect on the Company’s reputation of any negative publicity in relation to the Company’s alleged employment practices that is posted on any internet-based social media platform or website, provided that:
a. The Company has obtained the express prior written consent from the insurer to the incurring of those Public Relations Consultancy Fees (such consent shall not be unreasonably denied, withheld or delayed);
b. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00; and
c. This Extension shall not apply in addition to II Corporate Liability, C. Corporate Liability Extensions, 6. Social Media Public Relations Consultancy Fees.
Employment Practices Liability Exclusions
Exclusions applicable to all types of Loss
The insurer shall not be liable to indemnify the Company against any Employment Wrongful Act related Loss which arises directly or indirectly based on, arising out of or in any way involving:
a. USA Claims or any Claim arising in or in relation to the USA;
b. Pension Trustee Liability:
The trusteeship or administration by an Insured of any pension, profit share or other employee benefit programme or an Insured acting in a fiduciary capacity in respect thereof including, but not limited to, any obligation incurred under the Pensions Act 1995, Pensions Act 2004 or Pensions Act 2014; or for any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (USA) or any regulations promulgated there or within any similar or equivalent law or regulation.
c. Strikes, Collective Redundancies, Labour Disputes:
Any Claim incurred as a result of strikes, obligations to consult representatives and employees in relation to collective redundancies, lockouts, trade union disputes, labour disputes or negotiations or other similar actions (including, but not limited to, disputes in respect of recognition); or
d. Violation of Health & Safety, Workers’ Compensation or Similar Law
Any actual or alleged violation of the responsibilities, obligations or duties imposed by any law governing health and safety, workers’ compensation, unemployment insurance, social security, disability benefits or similar law, provided that Exclusions D.1.(c), and D.1.(d) above shall not apply, and cover shall be provided under Clause III. A. (“Employment Practices Liability Insuring Clause”) above if and to the extent that a Claim relates to any actual or alleged Retaliatory treatment of the claimant by the Company arising from the claimant’s exercise of rights in accordance with any of the regulations or activities set out in Exclusion D.1.(c) above.
Exclusions Applicable to all types of Loss, other than Defence Costs
The insurer shall not be liable to indemnify the Company against any Employment Wrongful Act related Loss which is directly or indirectly based on, arising out of or in any way involving:
a. Accommodation for Disabled Persons
any costs incurred by the Company to make any accommodation for any disabled person in respect of working practices or otherwise;
b. Breach of Employment Contract, Breach of Minimum Wage Legislation for Benefits Due to Employees
any liability for:
i. Payment of wages or any other form of payment due under a contract of employment or otherwise, (including, but not limited to, compensation payable in respect of contractual or statutory notice periods and contractual or statutory payments due on redundancy) or liability for awards of damages for breach of, or for the payment of a debt under, an Employee’s contract of employment, provided that this Exclusion (i) shall not apply if and to the extent that any breach of an Employee’s contract of employment relates to a breach of any disciplinary or grievance procedures or equal opportunities policy;
ii. Repayment of deductions wrongfully made from salary, wages or Benefits or from any other form of payment due under the contract of employment;
iii. Breach of any obligation in accordance with any minimum wage legislation, save that this Exclusion shall not apply, and cover shall be provided under Clause A. (“Employment Practices Liability Insuring Clause”) above, where a Claim relates to any actual or alleged Retaliation in connection with such breach; or
iv. Payment of Benefits due to an Employee from the Insured or otherwise or to become due or the equivalent value of such Benefits, provided that the Exclusions set out in (a) and (b) above shall not apply if and to the extent that Defence Costs form part of such Employment Wrongful Act related Loss.
Corporate Legal Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
Corporate Liability Insuring Clause
The insurer shall indemnify the Company against any Loss incurred by the Company arising from a Claim that first arises during the Period of Insurance, provided that:
a. Such Claim is notified to the insurer during the Period of Insurance or any applicable Discovery Period; and
b. The insurer shall not be liable to indemnify the Company in respect of any applicable Excess.
Corporate Liability Limit of Indemnity
The insurer's liability under this Coverage Section shall not exceed the Limit of Indemnity specified in the Schedule, provided that:
Where the insurer is liable to indemnify more than one person, firm, company or body the total amount of indemnity payable under this Policy shall not exceed the Limit of Indemnity.
Corporate Liability Extensions
The following coverage Extensions shall be provided under this Section II (“Corporate Liability”), provided that:
a. The terms of sub-section A. (“Corporate Liability Insuring Clause”) above shall apply; and
b. The maximum liability of the insurer during the Period of Insurance under each Extension shall, unless specified in the relevant Extension, be subject to the limit as detailed in sub-section B. (“Corporate Liability Limit of Indemnity”) above:
Contractual Liability Defence Costs
The Insurer shall indemnify the Company against any Defence Costs arising from or in connection with actual or alleged contractual liability of any Company under any express, oral, written or implied contracts or agreements arising from a Wrongful Act, provided that:
a. The Company has obtained the express prior written consent from the insurer to the incurring of those Defence Costs (such consent shall not be unreasonably denied, withheld or delayed); and
b. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Corporate Manslaughter
The Insurer shall indemnify the Company against that part of any Loss comprising of Defence Costs incurred by the Company in respect of corporate manslaughter (or other similar or equivalent criminal offence in any jurisdiction in which the Company operates) related criminal proceedings arising from a Wrongful Act or Investigation, provided that:
a. The Company has obtained the express prior written consent from the insurer to the incurring of those Defence Costs (such consent shall not be unreasonably denied, withheld or delayed); and
b. Such Defence Costs shall not include costs relating to any publicity or remedial orders imposed by any court (or similar or equivalent judicial remedial or punitive measure imposed in any jurisdiction in which the Company operates).
Cyber Liability
The Insurer shall indemnify the Company against any Loss incurred by the Company arising from a Claim that first arises during the Period of Insurance for a Cyber Liability Event.
In respect of this Extension the insurer shall indemnify the Insured against any fees, costs and Expenses reasonably and necessarily incurred by the Company in employing the services of an external public relations consultant, crisis management firm or law firm for the sole purpose of providing guidance to the Insured in order to minimise or limit any adverse publicity in relation to a Cyber Liability Event, provided that:
a. The Insurer has given its prior written consent to incurring such costs and Expenses (such consent shall not be unreasonably denied, withheld or delayed);
b. The maximum liability of the insurer during the Period of Insurance for such fees, costs and Expenses shall be the single aggregate limit of £100,000.00.
Emergency Costs and Expenses
If, having used reasonable efforts, the Company is unable to obtain the insurer's prior written consent to the Company incurring Defence Costs the subject of corporate liability. A Corporate Liability Insuring Clause the insurer shall retrospectively approve and indemnify the Company against such Defence Costs, less any applicable Excess, provided that:
a. Such Defence Costs would otherwise be covered under A. Corporate Liability Insuring Clause;
b. Such Defence Costs are notified to the insurer by the Company as soon as possible but no later than 10 days after they are incurred;
c. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £50,000.00; and
d. This Extension shall not apply in addition to any other Extension for any Loss, Claim or Related Claim.
Pollution
The insurer shall indemnify the Company against that part of any Loss which relates to Defence Costs incurred by the Company in defending itself against criminal or regulatory proceedings in respect of Pollution which results from a Wrongful Act, provided that:
a. The Company has obtained the express prior written consent to the incurring of those Defence Costs (such consent shall not be unreasonably denied, withheld or delayed); and
b. This Extension shall not apply to or in respect of any Claim arising in or in relation to the USA.
Social Media Public Relations Consultancy Fees
The insurer shall indemnify the Company in respect of any Public Relations Consultancy Fees reasonably and necessarily incurred by the Company in order to mitigate the adverse effect or potentially adverse effect on the Company’s reputation of any negative publicity in relation to the Company’s alleged business practices that is posted on any internet-based social media platform or website, provided that:
a. The Company has obtained the express prior written consent from the insurer to the incurring of those Public Relations Consultancy Fees (such consent shall not be unreasonably denied, withheld or delayed); and
b. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Corporate Liability Exclusions
The insurer shall not be liable to indemnify the Insured against any Loss which arises directly or indirectly based on, arising out of or in any way involving (the “Exclusions”):
Contractual Liability
Any actual or alleged contractual liability of any Company under any express, oral, written or implied contracts or agreements, provided that this Exclusion shall not apply in respect of Defence Costs otherwise covered by Extension C.1. (“Contractual Liability Defence Costs”).
Employment Wrongful Act
Any Employment Wrongful Act.
Pension Trusteeship or Administration
The trusteeship or administration by any Insured of any pension plan, programme or scheme or other employee benefit programme or any Insured acting in a fiduciary capacity in respect thereof, including any obligation incurred under the Pensions Act 1995, Pensions Act 2004, Pensions Act 2014 or for any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (USA) or any regulations promulgated there or within any similar or equivalent law or regulation, provided that this Exclusion shall not apply to any Loss arising from a Claim for Retaliation.
Pollution
a. Pollution; or
b. Any direction or request that any Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralise Pollutants, or any voluntary decision to do so (including, without limitation, any claim for financial loss to the Company, its shareholders, bondholders or its creditors based on, arising out of, or in any way involving the matters described in this Exclusion).
Professional Services Risks
Professional Services undertaken by or on behalf of the Company arising from or in connection with:
a. Advice;
b. Design; or
c. Specification
That are provided for a fee.
Unfair Trade Practices
Any actual or alleged violation of any law (whether statutory, regulatory or common law) with respect to any of the following activities:
a. Anti-trust;
b. Business competition;
c. Unfair trade practices; or
d. Tortious interference in another’s business or contractual relationships.
Workers Compensation
Any actual or alleged liability relating to workers compensation, disability benefits, redundancy or unemployment benefits or compensation, unemployment insurance, retirement benefits, social security benefits, pension benefits or any similar law or obligation whatsoever.
Aggregate Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
The Cover and Extensions under this Section are afforded solely with respect to any Claim first made during the Period of Insurance (or Discovery Period, if applicable) and notified to the Insurer in accordance with the Claim Notification Condition and are also subject to the general Limits, Conditions and Exclusions of this Section and the Policy.
Coverage under this Section is provided anywhere in the world, where legally permitted, unless specified otherwise in the Schedule,subject to all the terms and conditions of this Section.
Directors & Officers Cover
The Insurer shall pay to, or on behalf of, an Insured Person any Loss resulting from a Claim.
Company Reimbursement Cover
The Insurer shall pay to, or on behalf of, a Company any Loss resulting from a Claim to the extent that such Company has indemnified or agreed to indemnify an Insured Person in respect of such Loss.
Non-Executive Director Cover
The Insurer shall pay to, or on behalf of, a Non-executive Director any Loss resulting from a Claim up to the Non-executive additional amount of £250,000.00 but only after exhaustion of:
i. The Limit of Indemnity
ii. All other collectable directors and officers or management liability covers whether written excess of the Limit of Indemnity or otherwise and
iii. All other indemnification for such Loss available from any other source. The Non-executive additional amount is an aggregate amount for each Non-executive Director and is in addition to the Limit of Indemnity.
Investigation Cover (prior to the identification of a Wrongful Act) The Insurer shall pay to or on behalf of an Insured Person (or a Company to the extent that such Company has indemnified an Insured Person) any Investigation Costs arising out of the Insured Person’s preparation for or attendance at:
i. The hearing of an Investigation prior to the identification of a Wrongful Act or
ii. A Self Report Investigation.
Company Entity Liability Cover
The Insurer will pay to or on behalf of the Company:
i. All Loss resulting from a Claim against the Company
ii. All Investigation Costs in respect of an Investigation under the Health and Safety at Work etc Act 1974
iii. All Investigation Costs in respect of Investigation under the Corporate Manslaughter and Corporate Homicide Act 2007
The Limit of Indemnity shall be:
i. As specified under the Directors & Officers Limit of Indemnity up to a maximum of £5,000,000.00
ii. An aggregate limit of the Insurer's liability for the Period of Insurance and Discovery Period in respect of all Loss and Investigation Costs covered by the provisions of Cover E regardless of the number of Claims for indemnity under this Policy.
An excess of £2,500.00 will apply in respect of each and every Claim under Cover E, provided always that this excess will not apply to any Claim which is successfully defended.
Limit of Indemnity
The Limit of Indemnity is the total amount payable by the Insurer in respect of all Loss and Investigation Costs arising from any Related Claim during the Period of Insurance and Discovery Period covered by the provisions of this Section for all insurance covers and extensions under which such Claim may be made.
The Insurer shall have no liability in excess of the Limit of Indemnity regardless of the number of Related Claims for indemnity under this Section and/or the number of Insured Persons who may claim and/or the number of covers under which such Related Claims may be made.
The Non-executive additional amount shall apply in the manner set out in the Non-Executive Cover C.
The Environmental Extension additional amount is £50,000.00 and is an aggregate limit in addition to the Limit of Indemnity. The Limit of Indemnity shall apply in excess of any applicable Excess(es)
Automatic New Subsidiary Cover
If an entity becomes a Subsidiary during the Period of Insurance, such entity shall be covered under this Section as such with effect from the date on which it became a Subsidiary unless such entity has:
a. Total assets that exceed 25% of the total assets of the Policyholder at the inception of the Period of Insurance and/or
b. Any of its Securities listed on any exchange. In such case, the Company shall provide the Insurer, with full information in respect of such entity and pay an additional premium and agree any amendment to the provisions requested by the Insurer to obtain cover as a Subsidiary for such legal entity.
The Insurer shall only be liable for Loss in respect of a Wrongful Act or conduct whilst such legal entity is a Subsidiary.
Management buy-out
Following a management buy-out of any Subsidiary and upon written instruction from the Policyholder prior to such event, this Section shall continue to provide cover for a Wrongful Act committed after such buy-out for a period of 45 days subject to the Period of Insurance.
Discovery Period
In the event that this Section is neither renewed nor replaced with directors and officers or management liability cover, then the Policyholder shall have the right to a Discovery Period of:
a. 90 days automatically and at no additional premium; or
b. 12 months at an additional premium of 50% of the full annual premium applicable at the expiry date of the Section, provided that the Policyholder gives the Insurer written notice of the election of the Discovery Period and pays the additional premium required to the Insurer within 30 days of the expiry date of the Period of Insurance.
There shall be no right to a Discovery Period in the event of a Change of Control or where the Insurer has declined to renew this Section due to non-payment of premium.
While this Section does not offer the right to a Discovery Period if there is a Change of Control, the Insurer may, at its sole discretion, quote for a run-off Discovery Period of up to 72 months upon the written request of the Policyholder.
In considering such request, the Insurer shall be entitled to underwrite the exposure and to extend an offer on whatever terms, conditions and limitations the Insurer deems appropriate.
Past Insured Person
The Insurer shall pay to or on behalf of a Past Insured Person:
a. Any Loss arising from any Claim first made against such Past Insured Person following the expiry date of the Period of Insurance for a Wrongful Act committed before the date that they voluntarily relinquished such position or
b. Any Investigation Costs in connection with any Investigation or Self Report Investigation first made against such Past Insured Person following the expiry date of the Period of Insurance, provided such matters are notified to the Insurer as soon as practicable and provided that this Section is not renewed or replaced with any other policy affording directors and officers or management liability cover to such Past Insured Person.
Reputational Crisis Costs
If during the Period of Insurance the Policyholder or an Insured Person first becomes aware of:
a. A Claim for a Wrongful Act
b. Circumstances which are reasonably expected to give rise to a Claim for a Wrongful Act
c. Any Investigation in to the offering and trading of the Securities of any Company then provided that written notice is given of such matters in accordance with terms and conditions of this Section, the Insurer will pay Reputational Crisis Costs and Post-claim Reputational Crisis Costs.
It is a condition of the Insured Persons’ right to recover such amounts here under that written notice must be given to the Insurer within three working days after the appointment of the selected Crisis Communication Consultant.
In no event shall the cover under this Extension exceed £100,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Crisis Communication Consultant panel companies(and not the Insurer) will during the Period of Insurance, upon receipt of a written request from the Policyholder, offer at no additional charge:
i. One private crisis communication briefing session for the benefit of directors, executive officers and invited employees of the Policyholder
ii. A written manual covering core crisis communication issues.
The services of a Crisis Communication Consultant referred to in this Extension are provided to an Insured Person by the Crisis Communication Consultant directly, as its client, without the supervision of the Insurer.
Accordingly the Insurer cannot and does not make any warranties, guaranties or representations with respect to any such services or any failure to provide the same; and the Insurer shall have no liability for acts, errors or omissions of any Crisis Communication Consultant or otherwise for damages from the use of, or inability to use any such services.
Environmental Extension
The Insurer shall pay, in the aggregate, in addition to the Limit of Indemnity, Defence Costs incurred by any Insured Person for an Environmental Violation, up to the Environmental Extension additional amount of £50,000.00.
Circumstance Investigation Costs
The Insurer shall pay the Investigation Costs incurred by the Insured Person in the investigation of any circumstance notified to the Insurer in accordance with Section Claims Condition 1. Circumstances, including determining the Insured Person’s legal position and the steps that might be appropriate to avert or minimise the risk of a Claim.
Cover under this Extension is sub-limited to £50,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Insolvency Hearing Costs
The Insurer shall pay the insolvency hearing costs of each Insured Person. Cover under this Extension is sub-limited to £50,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Assets and Liberty Costs
The Insurer shall pay:
a. The reasonable fees, costs and expenses incurred by any Insured Person with respect to any Asset and Liberty Proceeding and
b. Personal Expenses in the event of a Confiscation Order.
Cover under this Extension is sub-limited to £50,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Court Attendance Costs
The Insurer shall pay a daily rate of £300.00 for each day on which attendance is required in court by an Insured in connection with any covered Claim.
Cover under this Extension is sub-limited to £20,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Kidnap and Ransom Cost Cover
The Insurer shall pay to the Company Kidnap Response Costs incurred by the Company in the event that during the Period of Insurance an Insured Person has first become a victim of a Kidnap Event.
Cover under this Extension is sub-limited to £50,000.00 in the aggregate during the Period of Insurance,such amount being part of the Limit of Indemnity.
Employee Dishonesty
The Insurer shall indemnify the Insured for all Financial Loss and/or Property Loss sustained by any Insured as a direct result of any Criminal Act, which is first Discovered during the Period of Insurance or the Discovery Period, if applicable, and notified to the Insurer in accordance with this Section’s provisions.
Cover under this Extension is sub-limited to £75,000.00 in the aggregate during the Period of Insurance, such amount being part of the Limit of Indemnity.
An excess of 10% of the sub-limit will apply in respect of each and every Loss under this Extension.
Cyber Liability
The Insurer shall pay to or on behalf of an Insured Person any Loss resulting from a Claim related to a Cyber Event.
For the purpose of this Extension:
a. The definition of Insured Person shall include the IT Security Officer and the Data Protection Officer of a Company;
b. Data and programs shall not be tangible property in the context of the property damage Exclusion; and
c. The bodily injury Exclusion shall not apply to mental anguish or emotional distress or disturbance in respect of a Cyber Event
Legal Advice Helpline for Employment Practices Wrongful Act Claims
A specified Law firm appointed by the insurer shall provide Insured Persons with:
a. A dedicated helpline that will be staffed by a team of specialist employment solicitors;
b. Bespoke, commercial advice by telephone on issues that may realistically lead to an employment practices liability Claim ;
c. Advice on drafting or reviewing documents in connection with a helpline issue; and
d. Free access to a national annual programme of seminars, monthly briefing notes and a dedicated blog on changing employment law issues.
The Insurer shall not be liable for any Loss or any Investigation Costs:
Behaviour
Arising out of, based upon or attributable to:
a. The committing of a dishonest or a fraudulent act or
b. The Insured Person gaining any personal profit, remuneration or advantage to which they were not legally entitled.
This Exclusion shall only apply to an Insured Person if such behaviour is established by:
i. A final decision of a court, tribunal or regulator in the underlying proceedings or
ii. Written admission of the Insured Person.
Prior Claims/Circumstances
Arising out of, based upon or attributable to:
a. Any Claim, Investigation or Self Report Investigation first made or commenced prior to the inception date of this Section including any Related Claim thereto irrespective of when it arises or
b. Circumstances which have been notified under any other policy or certificate of insurance providing management liability cover and which attaches prior to the inception date of this Section. 3.
Prior and Pending Litigation
Arising out of, based upon, or attributable to:
a. Any legal or arbitral proceeding involving any Company or Outside Entity or any Insured Person initiated prior to, or pending at the Prior/Pending Litigation Date or
b. Any fact, circumstance,situation, transaction or event underlying or alleged in such proceeding or alleging or deriving from the same or essentially the same facts, or that has the same source or cause as the matters alleged in such litigation.
Regardless of the legal theory upon which the Claim against the Insured Person is predicated.
Bodily Injury and Property Damage
For bodily injury,sickness, mental anguish or emotional distress or disturbance, disease or death of any person howsoever caused, or damage to or loss of or destruction of any tangible property including loss of use thereof.
This Exclusion shall not apply to:
a. Defence Costs for Non-indemnifiable Loss of any Insured Person who is a natural person
b. Mental anguish or emotional distress or disturbance in respect of an Employment Practice Wrongful Act
c. Loss where and to the extent personal liability is established against an Insured Person, but only for Non-Indemnifiable Loss
Acknowledged USA Company vs. Insured
Arising out of, based upon or attributable to any Claim brought or maintained in the United States of America by, on behalf of or at the instigation of any Company, Insured Person or Outside Entity.
This Exclusion shall not apply to an Acknowledged USA Company vs. Insured Claim or Defence Costs.
Offering of Securities
Arising out of, based upon, or attributable to any public offering of any Securities during the Period of Insurance, provided that this Exclusion shall not apply to debt offerings anywhere in the world.
No cover will be available under Extension 12 (Employee Dishonesty) in respect of:
Indirect Loss
Any Indirect Loss incurred by the Insured.
Confidential information, Trade Secrets and Computer Programmes Loss of or the actual or alleged plagiarism of, or Loss arising directly or indirectly from the accessing of, any confidential information (including but not limited to Trade Secrets, Computer Programmes, customer information, patents, trademarks, trade names, copyrights or any other form of intellectual property), except to the extent that any such information has been used to support or facilitate the commission of a Criminal Act or IT Criminal Act covered by Extension 12 (Employee Dishonesty).
Loss after Discovery
Any Loss as a result of any Criminal Act or IT Criminal Act committed by any Employee after a previous Criminal Act or IT Criminal Act committed by the same Employee is Discovered.
Directors & Officers Section Exclusions – Applicable to Company Entity Liability Cover
The Insurer shall not be liable for any Loss or any Investigation Costs:
Competition & Restraint of Trade
Arising out of, based upon, or attributable to violation of any law, rule or regulation relating to competition, activities in restraint of trade, or deceptive acts and practices in trade and commerce.
Securities
Arising out of, based upon, or attributable to the actual or intended private placement or public offering of any Securities during the Period of Insurance.
Professional Services
For the performance or failure to perform professional services for any person or any act, error or omission relating thereto.
Patent Copyright
Arising out of, based upon, or attributable to any actual or alleged infringement, misappropriation or violation of any copyright, patent, trade marks,service marks, trade secrets, title or other proprietary or licensing rights or intellectual property of any products, technologies or services.
Contractual Liability
Arising out of, based upon, or attributable to any actual or alleged contractual liability assumed by the Company under any contract or agreement; provided that this Exclusion shall not apply to Defence Costs for a Claim brought against the Company.
Pollutants
Arising out of, based upon, or attributable to Pollutants; provided that this Exclusion shall not apply to any Claim against the Company instigated by any shareholder or group of shareholders of the Company directly or in the name of the Company without the solicitation, voluntary assistance or participation of any Insured Person.
Pension Scheme
Arising out of, based upon or attributable to any Claim against any Company relating to any trust fund, pension scheme, profit sharing scheme or employee benefit scheme of any Company or any Outside Entity.
Insured vs Insured Claims
Arising out of, based upon, or attributable to any Claim brought or maintained by or on behalf of any Company.
Employment Practice Wrongful Act
Arising out of, based upon, or attributable to any Claim against the Company for an Employment Practice Wrongful Act.
Bodily Injury and Property Damage (applicable to Cover E paragraph i) only)
For bodily injury,sickness, mental anguish or emotional distress or disturbance, disease or death of any person howsoever caused, or damage to or loss of or destruction of any tangible property including loss of use thereof.
Products
Arising out of, based upon, or attributable to the efficiency, inefficiency, performance or lack of performance, defect or noncompliance with health and safety standards or any products, technologies or services manufactured, produced, processed, packaged, sold, marketed, distributed, advertised and/or developed by the Company.
Any One Claim Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
Directors & Officers Liability Insuring Clauses
Directors and Officers Liability Cover
The insurer shall indemnify the Insured Persons against any Loss incurred by the Insured Persons arising from a Claim that first arises during the Period of Insurance,
provided that:
a. Such Claim is notified to the insurer during the Period of Insurance or any applicable Discovery Period; and
b. The company has not already provided an indemnity to that Insured Person in respect of such Loss.
Company Reimbursement Cover
The insurer shall indemnify the company against any Loss incurred by the Insured Persons arising from a Claim that first arises during the Period of Insurance if and to the extent that the Company:
a. Is legally required and permitted to indemnify the relevant Insured Person; and
b. Has provided an indemnity to an Insured Person, in respect of such Loss, provided that:
i. Such Claim is notified to the insurer during the Period of Insurance or any applicable Discovery Period; and
ii. The insurer shall not be liable to indemnify the Company in respect of such Loss and the Company shall be liable to pay any applicable Excess.
Directors & Officers Limit of Indemnity
The insurer's liability under this Coverage Section shall not exceed the Limit of Indemnity specified in the Schedule,
provided that:
The amount of the Limit of Indemnity available under Directors & Officers Limit of Indemnity to pay any judgements or settlements shall be inclusive of any applicable Defence Costs and the amount of any such Defence Costs shall correspondingly reduce the overall Limit of Indemnity.
Directors & Officers Extensions
The following coverage Extensions shall be provided under this Section I Directors & Officers Liability,
provided that:
a. The terms of sub-section A - Directors & Officers Liability Insuring Clauses, above shall apply; and
b. The maximum liability of the insurer during the Period of Insurance under each Extension shall, unless specified in the relevant Extension, be subject to the Limit of Indemnity as detailed in sub-section B - Directors & Officers Limit of Indemnity
Civil Fines and Penalties
The insurer shall indemnify the Insured against any civil fine or penalty imposed upon an Insured Person by any regulator, disciplinary body, criminal authority, government body, government agency, official trade body or any other body that is empowered by statute to investigate the affairs of an Insured, as a direct result of such person acting in their capacity as an Insured Person, provided that this Extension shall not apply if and to the extent such civil fine or penalty is uninsurable under the laws or regulations of the relevant territory.
Compensation for Court Attendance
If any legal advisers acting on behalf of the Insured, with the consent of the insurer, require any Director of the Insured to attend any court tribunal, arbitration, adjudication, mediation or other hearing as a witness in connection with a Claim made against an Insured Person that is the subject of the cover provided under this Policy the insurer shall provide compensation to the Insured at the rate of £250.00 per person for each day on which such attendance is required, provided that the maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Corporate Manslaughter
the insurer shall indemnify the Insured against that part of any Loss comprising of Defence Costs incurred by an Insured Person,
provided that:
a. Such Defence Costs are incurred in respect of corporate manslaughter and Corporate Homicide Act 2007 (or other similar or equivalent criminal offence in any jurisdiction in which the Company operates), related criminal proceedings arising from any Wrongful Act or Investigation; and
b. Such Defence Costs shall not include costs relating to any publicity or remedial orders imposed by any court (or similar or equivalent judicial remedial or punitive measure imposed in any jurisdiction in which the Company operates).
Crisis Management & Regulatory Event Public Relations Costs
The insurer shall indemnify the Insured against any fees, costs and Expenses reasonably and necessarily incurred by an Insured Person in employing the services of an external public relations consultant, crisis management firm or law firm for the sole purpose of providing guidance to an Insured Person in order to minimise or limit any adverse publicity in relation to the circumstances or events that could reasonably be considered as having the potential to give rise to a Probable Claim or Investigation,
provided that:
a. The insurer has given its prior written consent to incurring such costs and Expenses (such consent shall not be unreasonably denied, withheld or delayed); and
b. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Cyber Liability
The insurer shall indemnify the Insured Persons against any Loss incurred by the Insured Persons arising from a Claim that first arises during the Period of Insurance in respect of a Cyber Liability Event.
In respect of this Extension the insurer shall indemnify the Insured against any fees, costs and Expenses reasonably and necessarily incurred by an Insured Person in employing the services of an external public relations consultant, crisis management firm or law firm for the sole purpose of providing guidance to the Insured Persons in order to minimise or limit any adverse publicity in relation to a Cyber Liability Event, provided that:
The insurer has given its prior written consent to incurring such costs and Expenses (such consent shall not be unreasonably denied, withheld or delayed).
Deprivation of Assets
The insurer shall indemnify the Insured against any Deprivation of Asset Expenses and Expenses incurred by an Insured Person,
provided that:
a. The insurer has given its express prior written consent to such Deprivation of Asset Expenses and Expenses being incurred;
b. The indemnity provided under this Extension shall only apply in respect of the amount of such Deprivation of Asset Expenses and Expenses that are in excess of the applicable Excess under Insuring Clauses A.1(“Directors & Officers Liability”) or A.2. (“Company Reimbursement Cover”); and
c. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Emergency Costs and Expenses
If, after having used reasonable efforts, an Insured is unable to obtain the insurer's prior written consent to an Insured Person incurring Defence Costs the insurer shall retrospectively approve and indemnify the Insured in respect of such Defence Costs, less any applicable Excess, provided that:
a. Such Defence Costs would otherwise be covered;
b. Such Defence Costs are notified to the insurer as soon as reasonably possible but no later than 10 days after they are incurred;
c. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £50,000.00; and
d. This Extension shall not apply in addition to any other Extension for any Loss, Claim or Related Claim.
Employment Wrongful Acts
the insurer shall indemnify the Insured Persons against any Loss incurred by an Insured Person arising from a Claim that first arises during the Period of Insurance in respect of an Employment Wrongful Act, provided that:
a. Such Claim is notified to the insurer during the Period of Insurance or any applicable Discovery Period; and
b. The insurer shall not be liable to indemnify the Company in respect of any applicable Excess.
Investigation Defence Costs
The insurer shall indemnify the Insured against that part of any Loss which relates to Defence Costs incurred by an Insured Person in defending themselves in respect of any Investigation commenced by the filing of a notice of charge, formal investigative order, questionnaire or similar document, provided that, the insurer shall not be liable under this Extension for the cost of the Insured Person’s time, or any costs, expenses, fees or overheads incurred by any Company incurred in respect of that Investigation.
Kidnap & Ransom Event
The insurer shall indemnify the Insured against any fees, costs and Expenses reasonably and necessarily incurred by the Insured in employing the services of an external public relations consultant, crisis management firm or law firm for the sole purpose of providing guidance to the Insured in order to minimise or limit any adverse publicity in relation to the circumstances or events that could reasonably be considered being a Kidnap & Ransom Event
provided that:
a. Any Kidnap & Ransom Event includes a request for a ransom;
b. Any Kidnap & Ransom Event has been notified and acknowledged by the Police (or equivalent body sanctioned by local, state, or national government to enforce laws and apprehend those who break them);
c. The insurer shall not be liable under this Extension in respect of any Kidnap & Ransom Event that occurs in Brazil, Columbia, Ecuador, Georgia, Haiti, Iran, Iraq, Israel, Lebanon, Mexico, Nigeria, Pakistan, Philippines, Russia, Somalia, Syria, Ivory Coast and Venezuela; and
d. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Management Buy-Outs
If a Subsidiary ceases to be owned or controlled by the Company as a result of a buy-out by existing management the insurer shall maintain the cover provided by this Policy in respect of that Subsidiary:
a. For a period of 30 calendar days from the date of that buy- out; and
b. In respect of Wrongful Acts committed during that 30 calendar day period referred to in (a) above,
provided that:
i. This Extension shall be excess of any other insurance in force which provides cover in respect of such Wrongful Acts;
ii. Shall apply to existing Directors of the original Subsidiary only;
iii. This Extension shall not apply to Policy Condition H. Discovery Period; and
iv. The maximum liability of the insurer during the Period of Insurance under this Extension shall be the single aggregate limit of £100,000.00.
Mental Anguish or Emotional Distress
The insurer shall indemnify the Insured against that part of any Loss which comprises Defence Costs incurred by an Insured Person in defending themselves in any Employment Wrongful Act related legal proceeding which arises in relation to any actual or alleged mental anguish or emotional distress suffered by any past, present or prospective employee or non-executive Director of the Company as a result of that Insured Person acting in their capacity as a Director or Officer.
Outside Directorship / Entities
The insurer shall indemnify any Insured Person and any Employee of the Company where, at the specific request of the Company that Insured Person or Employee was, is, or becomes during the Period of Insurance a director, officer, trustee, governor or occupies a position of equivalent status, of any Outside Entity, against any Loss arising from Claims made against such Insured Person or Employee in respect of any Wrongful Act committed or attempted by such Insured Person or Employee in their respective capacities as a director, officer, trustee, governor or position of equivalent status, of such Outside Entity, provided that,
a. The cover provided by this Extension shall be excess of any indemnification provided by such Outside Entity and any valid and collectable directors and officers liability insurance in respect of such Outside Entity; and
b. The cover provided by this extension shall exclude any trusteeship or administration of any pension plan, programme or scheme or any Insured Person acting in a fiduciary capacity in respect of the Pensions Act 2014.
Pension Liability
The insurer shall indemnify the Insured against any Loss arising from a Claim that first arises during the Period of Insurance in respect of any matter asserted against an Insured Person for a Pension Management Event, provided that:
The cover provided by this Extension
a. Shall be excess of any indemnification provided by such valid and collectable directors and liability insurance or pension trustee insurance in respect of any relevant pension scheme; and
b. Shall not include Loss resulting from a failure to contribute to any pension scheme correctly or on time.
Personal Liability for Unpaid Taxes following Insolvency
The Insurer shall indemnify any Insured against that part of any Loss that arises from that Insured Person’s personal liability for any unpaid taxes and Employee wages where the Company has become insolvent, provided that:
a. The cover provided under this Extension shall not apply if and to the extent that such liability for unpaid taxes arises from improper personal financial gain, fraud, dishonesty or wilful intent of the Insured Person to breach any statutory duty governing the payment of taxes; and
b. The maximum liability of the insurer during the Period of Insurance under this Extension shall be £100,000.00.
Pollution
The insurer shall indemnify the Insured Persons against Loss incurred by the Insured in defending themselves against criminal or regulatory proceedings in respect of Pollution which results from a Wrongful Act, provided that this Extension shall not apply to or in respect of any Claim arising in or in relation to the USA.
Retired and Former Directors
If any Insured Person Retires as a Director or Officer of the Company prior to the expiry of the Period of Insurance such Insured Person shall be entitled to a free Discovery Period for a period of 72 months after the expiry of the Period of Insurance,
provided that this Discovery Period shall not apply where:
i. You or the Insured renews or replaces this Policy (whether with the insurer or otherwise); or
ii. A Discovery Period has been activated in accordance with Policy Condition H. (“Discovery Period”), of this Policy;
If any Insured Person ceases to be a Director or Officer of the Company during the Period of Insurance for reasons other than Retirement such Insured Person shall be entitled to a free Discovery Period of 180 calendar days after the expiry of the Period of Insurance, provided that this Discovery Period shall not apply where:
i. The Insured Person has ceased to be a Director or Officer of the Company as a result or consequence of:
a. disqualification from holding the office of Director;
b. The acquisition, Merger or winding up of You as detailed under Policy Condition Q. Transactions Changing Coverage; or
c. You becoming insolvent or being wound up,
ii. You or the Insured renews or replaces this Policy (whether with the insurer or otherwise); or
iii. A Discovery Period has been activated in accordance with Policy Condition H. (“Discovery Period”) of this Policy.
Shareholder Action deriving from Pollution
The insurer shall indemnify the Insured against any Loss that arises in respect of civil proceedings brought against any Insured Person, either directly or derivatively, by any shareholder or bondholder of the Company alleging loss in the value of the share capital of the Company by reason of Pollution which results from a Wrongful Act, provided that this Extension shall not apply:
a. In circumstances where on or before the Original Inception Date any Insured Person or any Employee of the Company whose responsibilities include environmental control or compliance knew or should reasonably have foreseen that a Circumstance existed which could have given rise to a Claim against the Company or any Insured Person; or
b. In respect of any Claim arising in or in relation to the USA.
Shareholder Claim Cover
The insurer shall indemnify the Company against any costs and Expenses reasonably and necessarily incurred by a shareholder of the Company in pursuing a Claim in the name of the Company against a Director or Officer and which the Company is liable to pay such costs and Expenses in accordance with an order of any court.
Applicable to all Insuring Clauses
The insurer shall not be liable to indemnify the Insured against any Loss which arises:
Bodily Injury/Property Damage
For any bodily injury, mental anguish or emotional distress, illness, disease or death of any person, or damage to or destruction of any tangible property including loss of use thereof,
provided that;
a. This Exclusion shall not apply to bodily injury in respect of that element of Loss for Insured Persons comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgement or other final adjudication to have committed such act of dishonesty or fraud; and
b. The insurer reserves its right to reduce liability under this Policy by an amount that fairly represents the extent to which the insurer interests have been prejudiced by the Policyholder’s act or omission to have placed or in force valid and collectable Employers Liability and Third Party Liability insurance; and
c. Loss has not been declined, refused, exhausted under a valid and collectable Property Damage, Employers Liability and Third Party Liability insurance;
Fraud or Dishonesty
Directly or indirectly based on, arising out of, or in any way involving any act of dishonesty or fraud found by way of any judgement or other final adjudication to have been committed by any Insured,
provided that this Exclusion shall not apply in respect of that element of Loss comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgement or other final adjudication to have committed such act of dishonesty or fraud;
Illegal Profit or Advantage
directly or indirectly based on, arising out of, or in any way involving any Insured being found by way of judgement or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled, provided that this Exclusion shall not apply in respect of that element of Loss comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgement or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled;
Prior Knowledge of Fact, Circumstance or Situation
Directly or indirectly based on, arising out of, or in any way involving any fact, Circumstance or situation:
a. Which has been or should have been the subject of any written notice given under any contract of insurance of which this Policy is a direct or indirect renewal or replacement; or
b. Alleged in, relating to or underlying any written demand for monetary damages or other relief or any civil, criminal or administrative or regulatory proceeding (including arbitration) pending on or prior to the Original Inception Date;
Retroactive Date
Directly or indirectly based on, arising out of, or in any way involving any Wrongful Act committed on or before the Retroactive Date.
Severability of Exclusions
No fact pertaining to or knowledge possessed by any Insured shall be imputed to any other Insured for the purposes of applying any of the Exclusions set out in sub-section A. (“Exclusions applicable to all Insuring Clauses”) above.
Public Liability Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
Cover under this section is granted to you only in respect of accidental bodily injury or accidental damage.
There is no cover provided to your contractor(s) and no employers’ liability provided by this insurance.
How much we will pay:
We will pay you up to the sum insured shown on your schedule for your legal liability to pay as damages all sums incurred by you during the period of insurance as a direct result of any accidental bodily injury or accidental damage to material property, trespass, nuisance or obstruction arising in connection with the risk address and/or the contract works.
We will in addition pay costs and expenses incurred by you arising from, but we will not pay for:
Fines, penalties or for damages intended only to punish or make an example of you.
The cost of putting right any defect or alleged defect. Our liability is subject to all of the exclusions and conditions of this policy.
All claims caused directly or indirectly by one accident will be treated as one claim.
All pollution or contamination arising out of one accident will be treated as having happened at the time the accident took place.
After arriving at a claims settlement we will deduct the excess before paying the claim.
Cross Liabilities Clause:
Where you are comprised of more than one party, any claim by one party of you against any other party of you, will be treated as though the party claiming is not an insured party provided that this is not deemed to increase the sum insured.
There is no cover provided to your contractor(s) and no employers’ liability provided by this insurance.
We will not pay for your liability arising:
From the ownership, possession, control, or use of mechanically or electrically propelled aircraft or watercraft, or to road vehicles or attached trailers where Road Traffic Act legislation applies, or on any public road outside territorial limits.
In respect of any loss, demand, claim or suit arising out of or related in any way to asbestos or asbestos-containing materials.
In respect of accidental damage to property:
Belonging to you, or
In the custody or control of you or your agent, or
That comprises the risk address.
Under any contract or agreement unless you would have been liable had the contract not existed.
For the amount stated on your schedule in respect of the excess under the Policy Excesses section.
It is understood and agreed that:
This exclusion does not apply to liability in respect of bodily injury
If any payment is made by us that includes an amount for which you are responsible, this amount must be repaid to us as soon as practicably possible.
In respect of any costs and expenses claimed or incurred for replacing or making good faulty defective or incorrect:
Workmanship
Design, plan or specifications
Materials goods or other property
In respect of bodily injury or accidental damage relating to anyone employed by you arising out of and in the course of employment by you at or adjacent to the risk address and/or as part of the contract.
For fines, liquidated damages or under any penalty clause or under any collateral warranty.
From pollution or contamination of air, water or soil unless such pollution or contamination was caused by a sudden, identified, unexpected and unforeseen accident which happens in its entirety at a specific moment of time during the period of insurance and a properly authorised body deems it necessary for clean-up action to be taken and paid by you.
For any goods or products sold, supplied, repaired, renovated, restored, tested or serviced by you.
Out of any instruction, advice, information or professional service rendered for a fee.
From a legal liability to a third party where there is absence of proven negligence by you or your contractor(s) unless we have extended this policy to include non negligence cover as stated on your schedule.
From any accident happening outside of the territorial limits and/or claims or legal proceedings brought or originating outside of the territorial limits for:
Punitive or exemplary damages
Any pollution, irritant or contaminant, or assessment or clean up of any pollution, irritant or contaminant.
From escape of oil from an oil tank unless you can provide evidence that the oil tank is less than 10 years old or that it is inspected annually by a qualified OFTEC engineer and certified as in good condition without the need for repair or replacement.
Non-Negligence Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
This policy shall, despite anything contained herein to the contrary and only in respect of the contract entered into by you, indemnify you:
In respect of any expense liability loss claim or proceeding which you may incur or sustain by reason of accidental damage to any property occurring during the period of insurance and
Caused by:
i. Collapse
ii. Subsidence
iii. Heave
iv. Vibration
v. Weakening or
vi. Removal
Of support or lowering of ground water arising out of and in the course of or by reason of the carrying out of the contract works.
Provided always that the liability under this Endorsement in respect of all such expenses liabilities losses claims or proceedings will not exceed the appropriate Limit of Liability stated below:
Limit of Liability - £2,000,000.00
Excess - £2,500.00
Non negligent liability is attached to a property owners contact by way of endorsement, where there is both existing structure and works.
Non-Negligence cover must be applied from policy inception, unless agreement from underwriters have been granted.t the last supplied contract value.
This Endorsement for Non-Negligence does not provide indemnity for:
Your Negligence:
Any expense liability loss claim or proceeding;
Your Negligence caused by you or the negligence or omission or default of the Contractor(s).
Design Errors and Omissions which is attributable to errors or omissions in the planning or the designing of the Contract Works.
Inevitable Damage arising from accidental damage which could reasonably be foreseen to be inevitable having regard to the nature of the work to be executed or the manner of its execution.
Sonic Boom arising from accidental damage occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
Penalties:
Any sum payable under any penalty clause or by reason of breach of contract.
Contractors Property:
Accidental damage to property which is owned or hired by or the responsibility of the contractor(s).
Contractual Liability:
Any liability assumed under any contract (other than the contract) which would not have attached in the absence of such contract.
Hazardous Work:
Accidental damage arising from demolition activity or the use of explosives unless otherwise agreed in writing by us.
Contract Works:
Any expense liability loss claim or proceedings arising from accidental damage to any work executed in connection with the contract works or to any materials plant tools equipment temporary works temporary buildings or any other property brought on to the risk address for the purpose of the execution of the contract works.
Existing Structure Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
We will insure you for:
Accidental damage to the risk address occurring during the period of insurance to ensure you are returned to the same financial position as you were in immediately before such damage occurred.
Other Interests:
We will note the interest of any financial institution or other party with respect to this section of the policy as requested by you or your contractor(s) as soon as we have issued confirmation in writing of our acceptance.
Insurance for Other Parties
Unless cover is otherwise restricted or extended the inclusion of the other parties as joint insured under Section 1 applies to the extent required by any conditions of the contract applying between you and the contractor(s).
We retain rights of recourse at Law against negligent other parties in all other circumstances.
If the other parties shown on your schedule consist of more than one party, each operating as a separate and distinct entity and cover applies to them under contract, then the cover under this policy shall apply as if individual policies have been issued to each other party.
The total we will pay to you and all of the other parties collectively shall not exceed the sum insured shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule.
Any payment or payments by us to you or any one or more other party shall reduce to the extent of that payment, the liability of us to you and all other parties covered by this policy, arising out of any one event giving rise to a claim under this policy.
We shall at all times be entitled to avoid liability to, or claim damages from you or any of the other parties in the event of a vitiating act. Any vitiating act committed by you or any other party shall not prejudice the right of payment to you or any other party who has not committed a vitiating act.
We will waive all rights of subrogation which we may have or acquire against any other party except where the rights of subrogation or recourse are acquired in consequence of or otherwise following a vitiating act in which circumstances we may enforce such rights not withstanding the continuing or former status of the vitiating party as an other party.
Any lenders to the project shall not be entitled to any payment under this policy arising from loss, destruction or damage in respect of which we by reason of a vitiating act are no longer liable to pay any one or more other party.
How much we will pay:
The full cost of repair, replacement or rebuilding of insured loss or damage up to the sum insured shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule, subject to the repair, replacement or rebuilding work being carried out.
We may require you to carry out reinstatement or replacement. Our liability is subject to all the terms, conditions and exclusions of this policy. After arriving at a claims settlement, we will deduct the applicable excess before paying the claim.
The basis of settlement is at our sole discretion.
We will not provide any contribution, allowance or consideration for the cost of extending, improving or refurbishing any part of the risk address.
We will not pay any costs which we have not agreed in writing, any expenses for preparing a claim or an estimate of loss or damage.
The most we will pay is the sum insured shown on your schedule less the excess shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule.
Architects, Surveyors, Engineers Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of architects, surveyors, consulting engineers, legal and other fees required to reinstate or replace the risk address, provided that we have approved the appointment of such persons.
Debris Clearance Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of clearing debris from the site and making the site and risk address safe (to the extent it was made unsafe by the accidental damage).
Government or Local Authority Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of complying with government or local authority requirements when repairing or reinstating accidental damage to the risk address including repairing or reinstating any accidental damage that does not comply with current government and local authority regulations as long as the risk address did comply with such regulations that were in force at the time the risk address was originally built.
Automatic Increase for Existing Structure:
We will pay you up to 110% of the sum insured for the existing structure if, in the event of a loss, the rebuilding value exceeds the sum insured and it can be proven that the sum insured was correct at inception of the policy provided that you pay an additional premium for that extension at that time.
Automatic Increase for Contract Works:
We will pay you up to 125% of the sum insured for contract works if during the period of insurance the original estimated contract price is increased above the original sum insured for contract works set at inception of the policy, provided you pay an additional premium as we advise at that time.
Alternative Accommodation and Loss of Rent:
In the event of accidental damage to the risk address rendering the existing structure uninhabitable we will pay the following, to the extent that they are a direct consequence of that accidental damage:
Additional costs incurred by you for alternative accommodation substantially the same as the risk address, and/or,
Loss of rent due to you under a rental or lease agreement for the risk address which you are unable to recover.
The maximum amount that we will pay under this special extension is £250,000 or 25% of the sum insured for the existing structure, whichever is less.
Amounts paid under this special extension are additional to the sum insured for the existing structure.
Automatic Reinstatement following a Claim:
In return for an additional premium, to be calculated at a rate to be determined at our discretion, the amount we will pay for the risk address will not be reduced by the amount of any claim.
Expediting Expenses:
We will pay for expenses reasonably incurred by you with our consent for overtime rates of wages and the cost of special delivery to avoid delay in completion of the contract works caused as a direct consequence of accidental damage.
The maximum we will pay under this special extension is 25% of the final agreed claim before the deduction of the excess and will be considered as being included within the sum insured for contract works.
Free Issue Materials:
We will pay you for accidental damage to free issue materials as long as you declare to us the value of such free issue materials during the period of insurance and their value has been included within the total sum insured for contract works.
Plans and Specifications:
We will pay you for accidental damage to plans or specifications of the contract works owned solely by you or for which you are legally responsible provided that:
The cost of rewriting or redrawing plans or specifications is needed in order to complete the contract works
The maximum we will pay under this special extension is 10% of the sum insured for contract works or £50,000 whichever is the lower and will be considered as being included within the sum insured for contract works.
Pollution Clean-up Costs:
We will pay the clean-up costs of your land or property damaged by any kind of pollution or contamination occurring at the risk address provided that the pollution is a sudden, identified, unexpected and unforeseen accident which happens in its entirety at a specific moment of time during the period of insurance and a properly authorised body deems it necessary for clean-up action to be taken and paid for by you.
The maximum amount payable by us under this special extension is £100,000 and will be considered as being included within the sum insured for the existing structure.
Rectification Period:
This special extension applies:
When the issue of the certificate of completion or taking over certificate has occurred or when the risk address has been taken back into full use by you
When the contract requires insurance for accidental damage to the risk address arising during any rectification, maintenance or defects liability period to be provided by you
We will insure you against any accidental damage to the risk address arising during any rectification, maintenance or defects liability period stipulated within the contract, even if this period falls outside of the period of insurance, for accidental damage:
Arising from any defect in the contract works originating after inception of this policy and prior to the commencement of the stipulated rectification, maintenance or defects liability period.
Caused by your contractor(s) in the course of any operations they carry out at the site for the purpose of remedying any defects in the contract works or otherwise fulfilling their obligations under the terms of the contract.
Provided that any cover provided by this special extension:
Shall not exceed a maximum of twelve (12) months in duration from the date of issue of the completion certificate or taking over certificate or when the risk address has been taken back into full use by you whichever is the earlier.
Applies only to the extent that your contractor(s) are responsible under the terms of the contract.
Shall not increase our liability beyond the amount payable as the sum insured specified on your schedule.
Avoidance of Impending Accidental Damage:
We will pay costs incurred by you in taking reasonable but exceptional measures to avoid or reduce impending accidental damage which would have resulted in a claim under this policy. Provided that:
The impending accidental damage did not arise from any defect in the insured property
The impending accidental damage did not arise from a reasonably foreseeable cause
The accidental damage would have been the natural outcome to be expected in the absence of the measures taken
We are satisfied that the accidental damage which would have been insured under this policy has been avoided or reduced as a result of the measures you have taken.
The amount payable will be considered as being included within the sum insured.
Breakdown:
We will pay for the cost of electrical or mechanical breakdown or derangement to any new and unused apparatus, machinery or equipment forming part of the contract works occurring during the period:
Seven days from the commencement of testing or commissioning of an individual item, and
Up to one calendar month from the commencement of overall testing and commissioning at the risk address.
Offsite Storage:
We will pay for the cost of accidental damage to materials and goods allocated for inclusion within the contract works whilst in store at any location within the United Kingdom, Channel Islands or Isle of Man other than the risk address provided:
You or your contractor(s) are responsible for the materials and goods, and
The materials and goods are / were ready for delivery to the site.
Trace and Access:
We will pay for the costs incurred to find the source of an escape of:
Water, oil or gas from any domestic water or heating installation within the risk address including subsequent repairs to walls, floors and ceilings
Water from underground service pipes, cables, sewers and drains for which you are legally responsible outside the risk address but at the address shown on your schedule.
VAT Extension:
Following accidental damage insured by this policy, in the event that the sum insured provided for contract works is exceeded solely due to the inclusion of Value Added Tax, and it can be shown that the originally advised sum insured for contract works does not include a Value Added Tax amount, your sum insured for contract works will automatically be increased to the extent of the Value Added Tax applicable to the contract works, subject to a maximum of 20% of the contract works sum insured shown on your schedule.
At the completion of the contract works, you will be required to declare to us the final contract value, including Value Added Tax, and we will adjust the premium charged accordingly against the last supplied contract value.
Any loss or damage:
That is not associated with the incident that caused you to claim • that commenced before cover starts
Caused by wilful acts by you or any of your employees
Or liability caused by deception other than by any person using deception to gain entry to your home
Caused by loss of profit, business interruption or any economic loss of any kind
Caused by or resulting from the risk address being confiscated, taken, damaged or destroyed by or under the order of any government, public or local authority, or any emergency service
Resulting from any contract works being undertaken at an open trench depth of 5 metres (16 feet 4.85 inches) below the normal ground level surrounding the home, unless we have agreed and accepted such contract works before such contract works commence and your schedule specifically states that this exclusion no longer applies
To, and the cost necessary to replace, repair or rectify any part of the risk address which is in a defective condition due to a defect in design, plan, specification, materials or workmanship. This shall not apply to any part of the risk address which is free of the defective condition but is damaged in consequence thereof
To any part of the risk address to enable the replacement, repair or rectification of any part of the risk address which is in a defective condition due to a defect in design, plan, specification, materials or workmanship.
For the purpose of this policy and not merely this exclusion, the risk address shall not be regarded as damaged solely by virtue of the existence of any defect in design plan specification materials or workmanship in the risk address or any part thereof
Where contract works cease for 30 continuous days unless expressly agreed by us in writing.
Where the cessation of the contract works is solely due to the granting of statutory consent for the carrying on of the contract works by the appropriate enforcing authority, this period is increased to 60 continuous days
Where any loss, damage or liability covered under this insurance is also covered wholly or in part under any other insurance except in respect of any amount over which would have been covered under such other insurance had this insurance not been effected
Caused by wear and tear or any other gradually operating cause, mechanical or electrical breakdown, fault or failure. Examples of wear & tear excluded under this policy include but are not limited to the following:
Damp formed over a period of time
Blocked or poorly maintained guttering
Failure of a flat roof due to age
Worn out carpets.
Examples of mechanical & electrical breakdown excluded under this policy include but are not limited to the following:
Electrical failure of an electrical component in televisions or computers
Mechanical failure of a clock mechanism.
Any loss or destruction of or damage to any property or any loss or expenses arising from or any legal liability of any nature caused by or contributed to or by or arising from:
Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, or
The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear components thereof.
Any loss, damage, expense, or legal liability caused by, contributed to, or arising from pressure waves from aircraft and other aerial devices travelling at sonic or supersonic speeds.
Any loss or destruction of or damage to any property, or any loss or expenses resulting or arising from, or any legal liability caused by or contributed to by or arising from:
Computer viruses, erasure or corruption of electronic data
The failure of any equipment to correctly recognise the date or change of date.
Any loss or damage or liability occasioned by, happening through or resulting from:
War,
Invasion,
Acts of foreign enemies,
Hostilities (whether war be declared or not),
Civil war,
Rebellion,
Revolution,
Insurrection,
Military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
However this General Exclusion shall not apply to accidental damage to the risk address from or occasioned by the detonation of munitions of war in or about the risk address, providing that the presence of the munitions is not the result of a state of war at the time of the accidental damage.
Any loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising from:
Any legal liability of whatsoever nature; or
Death or injury to any person, caused by or contributed to by or arising from biological or chemical contamination due to or arising from;
i. An act of terrorism; and/or
ii. Steps taken to prevent, suppress, control or reduce the consequences of any actual attempted, threatened, suspected or perceived act of terrorism.
Any loss or damage which but for the existence of this insurance would have been provided under contract, legislation, guarantee or other more specific insurance.
Any benefit under this policy to the extent that the provision of such cover, payment or such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanction, laws or regulations of the European Union, United Kingdom or United States of America.
Any loss, damage or liability resulting from any structural work undertaken as part of the contract works that is not designed and planned by a fully qualified structural engineer and carried out in line with the current building regulation with the local authority building control services overseeing the work as they deem necessary.
Any additional proportion, other than our rateable proportion of any claim loss, damage or liability covered under this policy, should that loss, damage or liability be covered wholly or in part under any other insurance.
Any claim under this policy unless you transact your UK insurance business for this policy through a UK bank account in Sterling for the payment of premium from and the payment of claims to you.
Architects, Surveyors, Engineers Fees and Costs:
In regards to architects, surveyors, engineers fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Debris Clearance Fees and Costs:
In regards to debris clearance fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Government or Local Authority Fees and Costs:
In regards to government or local authority fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Alternative Accommodation and Loss of Rent:
You will not be covered for the following:
Any costs recoverable elsewhere.
Any costs incurred before you obtained our consent unless immediate action was required for safety reasons.
Pollution Clean-up Costs:
You will not be covered for the following:
For accidental damage, costs or expenses in connection with any kind or description of seepage and/or pollution and/or contamination, arising from any cause whatsoever other than a sudden, identified, unexpected and unforeseen accident which happens in its entirety at a specific moment of time during the period of insurance and properly authorised body deems it necessary for clean up.
For pollution or contamination advised to us more than 6 months after the expiry of the period of insurance.
Offsite Storage:
In relation to the accidental damage section of offsite storage, you will not be covered for:
To materials and goods held in storage for any period exceeding one month or
Where the total value of materials and goods in storage exceeds £250,000.
Trace and Access:
In regards to trace and access cover, we will not pay more than £10,000 in any one period of insurance
Property Exclusions:
Under the property exclusions section of the policy, the following is not covered:
Accidental damage to the risk address (or any part thereof) a) in respect of which a certificate of completion or taking over certificate has been issued by your contractor(s)
Which has been completed and handed over to you. However, where completed aspects are handed over to you during the period of insurance this exclusion shall not apply if the existing structure is insured under this insurance and where other phases of the contract works remain incomplete. Where this is the case:
i. The contract works sum insured shall automatically be reduced by the amount of the contract works completed and handed over to you, and
ii. The existing structure sum insured shall automatically be increased by that same amount of the reduction.
Accidental damage occurring 30 days after the contractor(s) has substantially ceased the contract works at the risk address (other than for normal stoppages at the end of the day at weekends or holidays), unless you have given us prior notice in writing with the details of contract works completed and outstanding, you have received our agreement to continue this insurance and you have agreed to accept any terms imposed by us.
Accidental damage caused by storm, tempest, flood or weight of snow unless the person(s) responsible for securing the site have taken reasonable steps to make the risk address weatherproof.
Accidental damage by subsidence or heave of the site or landslip:
To swimming pools, hot tubs, tennis courts, service tanks, central heating oil tanks, ground source heating pumps, terraces, paths, drives, walls, fences, gates and hedges unless the risk address is damaged by the same cause and at the same time
Caused by or arising from impact and infill
Caused by or arising from settlement
Caused by or arising from riverbank or coastal erosion
Caused by or arising from any movement of solid floor slabs, unless the foundations beneath the exterior walls of your home are damaged by the same cause and at the same time.
Any lost opportunity or loss of profit, income or goodwill of any kind or description not specifically insured.
Accidental damage to property forming or which has formed part of any structure prior to the commencement of the contract works unless specifically insured under this policy.
Loss of property either by disappearance or by shortage if the loss is only revealed when an inventory is made or is not traceable to an identifiable event.
Accidental damage consisting of mechanical or electrical breakdown or derangement unless as a result of insured accidental damage or resultant accidental damage.
Accidental damage in respect of:
Money which term shall mean:
i. Coin, bank and currency notes,
ii. Cheques, travellers cheques,
iii. National giro payment orders, postal and money orders, iv. Current unused postage stamps, national savings stamps and certificates, trading stamps, holiday with pay stamps
v. Premium bonds,
vi. Luncheon vouchers, customer redemption vouchers, credit card and debit card vouchers,
vii. Unused franking machine units,
viii. Gift tokens,
ix. Bankers drafts, promissory notes, bonds, securities, bills of exchange, dividend warrants,
x. V.A.T. purchase invoices or other negotiable instruments
Any private car, van, lorry or other vehicle
Any airborne or waterborne craft or vessel.
Penalties or fines for delay, lack of performance, non-completion or non-compliance with the conditions of any contract or reimbursement of any financial agreements.
Accidental damage arising outside the territorial limits.
Accidental damage caused by or consisting of:
Wear and tear, corrosion, oxidation, gradual deterioration, wet or dry rot, shrinkage, dampness, frost, marring or scratching
Normal upkeep or normal making good.
Accidental damage arising from storm, flood, frost, falling trees or weight of snow to gates, fences, pergolas, gazebos, arbours, hedges within the boundaries of the home.
Accidental damage caused by escape of oil from an oil tank unless you can provide evidence that the oil tank is less than 10 years old or that it is inspected annually by a qualified OFTEC engineer and certified as in good condition without the need for repair or replacement
Pre Existing Defect(s):
Accidental damage to the contract works arising from a defect in the existing structure that existed prior to the commencement of the period of insurance.
You are required to provide a report on the condition of the existing structure prior to the commencement of the period of insurance. If you fail to do so, the onus of proof will be on you to show that the damage did not occur as a result of a defect in the existing structure that was present prior to the commencement of the period of insurance.
Your Property:
We will not pay more than £5,000, unless a higher amount is shown on your schedule, for any one loss in respect of loose contract materials and goods unless:
Such loose contract materials and goods are stored within a building of standard construction, and
The building is secured whenever left unattended, and
The building is weatherproof.
Contract Works Coverage
This Wording is Taken From A Tools Insurance Policy. Policies May Differ in Coverage.
We will insure you for:
Accidental damage to the risk address occurring during the period of insurance to ensure you are returned to the same financial position as you were in immediately before such damage occurred.
Other Interests:
We will note the interest of any financial institution or other party with respect to this section of the policy as requested by you or your contractor(s) as soon as we have issued confirmation in writing of our acceptance.
Insurance for Other Parties
Unless cover is otherwise restricted or extended the inclusion of the other parties as joint insured under Section 1 applies to the extent required by any conditions of the contract applying between you and the contractor(s).
We retain rights of recourse at Law against negligent other parties in all other circumstances.
If the other parties shown on your schedule consist of more than one party, each operating as a separate and distinct entity and cover applies to them under contract, then the cover under this policy shall apply as if individual policies have been issued to each other party.
The total we will pay to you and all of the other parties collectively shall not exceed the sum insured shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule.
Any payment or payments by us to you or any one or more other party shall reduce to the extent of that payment, the liability of us to you and all other parties covered by this policy, arising out of any one event giving rise to a claim under this policy.
We shall at all times be entitled to avoid liability to, or claim damages from you or any of the other parties in the event of a vitiating act. Any vitiating act committed by you or any other party shall not prejudice the right of payment to you or any other party who has not committed a vitiating act.
We will waive all rights of subrogation which we may have or acquire against any other party except where the rights of subrogation or recourse are acquired in consequence of or otherwise following a vitiating act in which circumstances we may enforce such rights not withstanding the continuing or former status of the vitiating party as an other party.
Any lenders to the project shall not be entitled to any payment under this policy arising from loss, destruction or damage in respect of which we by reason of a vitiating act are no longer liable to pay any one or more other party.
How much we will pay:
The full cost of repair, replacement or rebuilding of insured loss or damage up to the sum insured shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule, subject to the repair, replacement or rebuilding work being carried out.
We may require you to carry out reinstatement or replacement. Our liability is subject to all the terms, conditions and exclusions of this policy. After arriving at a claims settlement, we will deduct the applicable excess before paying the claim.
The basis of settlement is at our sole discretion.
We will not provide any contribution, allowance or consideration for the cost of extending, improving or refurbishing any part of the risk address.
We will not pay any costs which we have not agreed in writing, any expenses for preparing a claim or an estimate of loss or damage.
The most we will pay is the sum insured shown on your schedule less the excess shown on your schedule plus any limit shown under any special extension which applies and gives cover over and above the sum insured shown on your schedule.
Architects, Surveyors, Engineers Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of architects, surveyors, consulting engineers, legal and other fees required to reinstate or replace the risk address, provided that we have approved the appointment of such persons.
Debris Clearance Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of clearing debris from the site and making the site and risk address safe (to the extent it was made unsafe by the accidental damage).
Government or Local Authority Fees and Costs:
We will pay you an additional 15% of the total sum insured in respect of complying with government or local authority requirements when repairing or reinstating accidental damage to the risk address including repairing or reinstating any accidental damage that does not comply with current government and local authority regulations as long as the risk address did comply with such regulations that were in force at the time the risk address was originally built.
Automatic Increase for Existing Structure:
We will pay you up to 110% of the sum insured for the existing structure if, in the event of a loss, the rebuilding value exceeds the sum insured and it can be proven that the sum insured was correct at inception of the policy provided that you pay an additional premium for that extension at that time.
Automatic Increase for Contract Works:
We will pay you up to 125% of the sum insured for contract works if during the period of insurance the original estimated contract price is increased above the original sum insured for contract works set at inception of the policy, provided you pay an additional premium as we advise at that time.
Alternative Accommodation and Loss of Rent:
In the event of accidental damage to the risk address rendering the existing structure uninhabitable we will pay the following, to the extent that they are a direct consequence of that accidental damage:
Additional costs incurred by you for alternative accommodation substantially the same as the risk address, and/or,
Loss of rent due to you under a rental or lease agreement for the risk address which you are unable to recover.
The maximum amount that we will pay under this special extension is £250,000 or 25% of the sum insured for the existing structure, whichever is less.
Amounts paid under this special extension are additional to the sum insured for the existing structure.
Automatic Reinstatement following a Claim:
In return for an additional premium, to be calculated at a rate to be determined at our discretion, the amount we will pay for the risk address will not be reduced by the amount of any claim.
Expediting Expenses:
We will pay for expenses reasonably incurred by you with our consent for overtime rates of wages and the cost of special delivery to avoid delay in completion of the contract works caused as a direct consequence of accidental damage.
The maximum we will pay under this special extension is 25% of the final agreed claim before the deduction of the excess and will be considered as being included within the sum insured for contract works.
Free Issue Materials:
We will pay you for accidental damage to free issue materials as long as you declare to us the value of such free issue materials during the period of insurance and their value has been included within the total sum insured for contract works.
Plans and Specifications:
We will pay you for accidental damage to plans or specifications of the contract works owned solely by you or for which you are legally responsible provided that:
The cost of rewriting or redrawing plans or specifications is needed in order to complete the contract works
The maximum we will pay under this special extension is 10% of the sum insured for contract works or £50,000 whichever is the lower and will be considered as being included within the sum insured for contract works.
Pollution Clean-up Costs:
We will pay the clean-up costs of your land or property damaged by any kind of pollution or contamination occurring at the risk address provided that the pollution is a sudden, identified, unexpected and unforeseen accident which happens in its entirety at a specific moment of time during the period of insurance and a properly authorised body deems it necessary for clean-up action to be taken and paid for by you.
The maximum amount payable by us under this special extension is £100,000 and will be considered as being included within the sum insured for the existing structure.
Rectification Period:
This special extension applies:
When the issue of the certificate of completion or taking over certificate has occurred or when the risk address has been taken back into full use by you
When the contract requires insurance for accidental damage to the risk address arising during any rectification, maintenance or defects liability period to be provided by you
We will insure you against any accidental damage to the risk address arising during any rectification, maintenance or defects liability period stipulated within the contract, even if this period falls outside of the period of insurance, for accidental damage:
Arising from any defect in the contract works originating after inception of this policy and prior to the commencement of the stipulated rectification, maintenance or defects liability period.
Caused by your contractor(s) in the course of any operations they carry out at the site for the purpose of remedying any defects in the contract works or otherwise fulfilling their obligations under the terms of the contract.
Provided that any cover provided by this special extension:
Shall not exceed a maximum of twelve (12) months in duration from the date of issue of the completion certificate or taking over certificate or when the risk address has been taken back into full use by you whichever is the earlier.
Applies only to the extent that your contractor(s) are responsible under the terms of the contract.
Shall not increase our liability beyond the amount payable as the sum insured specified on your schedule.
Avoidance of Impending Accidental Damage:
We will pay costs incurred by you in taking reasonable but exceptional measures to avoid or reduce impending accidental damage which would have resulted in a claim under this policy. Provided that:
The impending accidental damage did not arise from any defect in the insured property
The impending accidental damage did not arise from a reasonably foreseeable cause
The accidental damage would have been the natural outcome to be expected in the absence of the measures taken
We are satisfied that the accidental damage which would have been insured under this policy has been avoided or reduced as a result of the measures you have taken.
The amount payable will be considered as being included within the sum insured.
Breakdown:
We will pay for the cost of electrical or mechanical breakdown or derangement to any new and unused apparatus, machinery or equipment forming part of the contract works occurring during the period:
Seven days from the commencement of testing or commissioning of an individual item, and
Up to one calendar month from the commencement of overall testing and commissioning at the risk address.
Offsite Storage:
We will pay for the cost of accidental damage to materials and goods allocated for inclusion within the contract works whilst in store at any location within the United Kingdom, Channel Islands or Isle of Man other than the risk address provided:
You or your contractor(s) are responsible for the materials and goods, and
The materials and goods are / were ready for delivery to the site.
Trace and Access:
We will pay for the costs incurred to find the source of an escape of:
Water, oil or gas from any domestic water or heating installation within the risk address including subsequent repairs to walls, floors and ceilings
Water from underground service pipes, cables, sewers and drains for which you are legally responsible outside the risk address but at the address shown on your schedule.
VAT Extension:
Following accidental damage insured by this policy, in the event that the sum insured provided for contract works is exceeded solely due to the inclusion of Value Added Tax, and it can be shown that the originally advised sum insured for contract works does not include a Value Added Tax amount, your sum insured for contract works will automatically be increased to the extent of the Value Added Tax applicable to the contract works, subject to a maximum of 20% of the contract works sum insured shown on your schedule.
At the completion of the contract works, you will be required to declare to us the final contract value, including Value Added Tax, and we will adjust the premium charged accordingly against the last supplied contract value.
Any loss or damage:
That is not associated with the incident that caused you to claim • that commenced before cover starts
Caused by wilful acts by you or any of your employees
Or liability caused by deception other than by any person using deception to gain entry to your home
Caused by loss of profit, business interruption or any economic loss of any kind
Caused by or resulting from the risk address being confiscated, taken, damaged or destroyed by or under the order of any government, public or local authority, or any emergency service
Resulting from any contract works being undertaken at an open trench depth of 5 metres (16 feet 4.85 inches) below the normal ground level surrounding the home, unless we have agreed and accepted such contract works before such contract works commence and your schedule specifically states that this exclusion no longer applies
To, and the cost necessary to replace, repair or rectify any part of the risk address which is in a defective condition due to a defect in design, plan, specification, materials or workmanship. This shall not apply to any part of the risk address which is free of the defective condition but is damaged in consequence thereof
To any part of the risk address to enable the replacement, repair or rectification of any part of the risk address which is in a defective condition due to a defect in design, plan, specification, materials or workmanship.
For the purpose of this policy and not merely this exclusion, the risk address shall not be regarded as damaged solely by virtue of the existence of any defect in design plan specification materials or workmanship in the risk address or any part thereof
Where contract works cease for 30 continuous days unless expressly agreed by us in writing.
Where the cessation of the contract works is solely due to the granting of statutory consent for the carrying on of the contract works by the appropriate enforcing authority, this period is increased to 60 continuous days
Where any loss, damage or liability covered under this insurance is also covered wholly or in part under any other insurance except in respect of any amount over which would have been covered under such other insurance had this insurance not been effected
Caused by wear and tear or any other gradually operating cause, mechanical or electrical breakdown, fault or failure. Examples of wear & tear excluded under this policy include but are not limited to the following:
Damp formed over a period of time
Blocked or poorly maintained guttering
Failure of a flat roof due to age
Worn out carpets.
Examples of mechanical & electrical breakdown excluded under this policy include but are not limited to the following:
Electrical failure of an electrical component in televisions or computers
Mechanical failure of a clock mechanism.
Any loss or destruction of or damage to any property or any loss or expenses arising from or any legal liability of any nature caused by or contributed to or by or arising from:
Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, or
The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear components thereof.
Any loss, damage, expense, or legal liability caused by, contributed to, or arising from pressure waves from aircraft and other aerial devices travelling at sonic or supersonic speeds.
Any loss or destruction of or damage to any property, or any loss or expenses resulting or arising from, or any legal liability caused by or contributed to by or arising from:
Computer viruses, erasure or corruption of electronic data
The failure of any equipment to correctly recognise the date or change of date.
Any loss or damage or liability occasioned by, happening through or resulting from:
War,
Invasion,
Acts of foreign enemies,
Hostilities (whether war be declared or not),
Civil war,
Rebellion,
Revolution,
Insurrection,
Military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
However this General Exclusion shall not apply to accidental damage to the risk address from or occasioned by the detonation of munitions of war in or about the risk address, providing that the presence of the munitions is not the result of a state of war at the time of the accidental damage.
Any loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising from:
Any legal liability of whatsoever nature; or
Death or injury to any person, caused by or contributed to by or arising from biological or chemical contamination due to or arising from;
i. An act of terrorism; and/or
ii. Steps taken to prevent, suppress, control or reduce the consequences of any actual attempted, threatened, suspected or perceived act of terrorism.
Any loss or damage which but for the existence of this insurance would have been provided under contract, legislation, guarantee or other more specific insurance.
Any benefit under this policy to the extent that the provision of such cover, payment or such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanction, laws or regulations of the European Union, United Kingdom or United States of America.
Any loss, damage or liability resulting from any structural work undertaken as part of the contract works that is not designed and planned by a fully qualified structural engineer and carried out in line with the current building regulation with the local authority building control services overseeing the work as they deem necessary.
Any additional proportion, other than our rateable proportion of any claim loss, damage or liability covered under this policy, should that loss, damage or liability be covered wholly or in part under any other insurance.
Any claim under this policy unless you transact your UK insurance business for this policy through a UK bank account in Sterling for the payment of premium from and the payment of claims to you.
Architects, Surveyors, Engineers Fees and Costs:
In regards to architects, surveyors, engineers fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Debris Clearance Fees and Costs:
In regards to debris clearance fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Government or Local Authority Fees and Costs:
In regards to government or local authority fees and costs, you will not be covered for:
Fees and costs that are not the direct consequence of the accidental damage.
Fees and costs relating to undamaged parts of the risk address.
Fees and costs incurred in preparing your claim.
Costs for any requirements notified to you before the accidental damage occurred.
Alternative Accommodation and Loss of Rent:
You will not be covered for the following:
Any costs recoverable elsewhere.
Any costs incurred before you obtained our consent unless immediate action was required for safety reasons.
Pollution Clean-up Costs:
You will not be covered for the following:
For accidental damage, costs or expenses in connection with any kind or description of seepage and/or pollution and/or contamination, arising from any cause whatsoever other than a sudden, identified, unexpected and unforeseen accident which happens in its entirety at a specific moment of time during the period of insurance and properly authorised body deems it necessary for clean up.
For pollution or contamination advised to us more than 6 months after the expiry of the period of insurance.
Offsite Storage:
In relation to the accidental damage section of offsite storage, you will not be covered for:
To materials and goods held in storage for any period exceeding one month or
Where the total value of materials and goods in storage exceeds £250,000.
Trace and Access:
In regards to trace and access cover, we will not pay more than £10,000 in any one period of insurance
Property Exclusions:
Under the property exclusions section of the policy, the following is not covered:
Accidental damage to the risk address (or any part thereof) a) in respect of which a certificate of completion or taking over certificate has been issued by your contractor(s)
Which has been completed and handed over to you. However, where completed aspects are handed over to you during the period of insurance this exclusion shall not apply if the existing structure is insured under this insurance and where other phases of the contract works remain incomplete. Where this is the case:
i. The contract works sum insured shall automatically be reduced by the amount of the contract works completed and handed over to you, and
ii. The existing structure sum insured shall automatically be increased by that same amount of the reduction.
Accidental damage occurring 30 days after the contractor(s) has substantially ceased the contract works at the risk address (other than for normal stoppages at the end of the day at weekends or holidays), unless you have given us prior notice in writing with the details of contract works completed and outstanding, you have received our agreement to continue this insurance and you have agreed to accept any terms imposed by us.
Accidental damage caused by storm, tempest, flood or weight of snow unless the person(s) responsible for securing the site have taken reasonable steps to make the risk address weatherproof.
Accidental damage by subsidence or heave of the site or landslip:
To swimming pools, hot tubs, tennis courts, service tanks, central heating oil tanks, ground source heating pumps, terraces, paths, drives, walls, fences, gates and hedges unless the risk address is damaged by the same cause and at the same time
Caused by or arising from impact and infill
Caused by or arising from settlement
Caused by or arising from riverbank or coastal erosion
Caused by or arising from any movement of solid floor slabs, unless the foundations beneath the exterior walls of your home are damaged by the same cause and at the same time.
Any lost opportunity or loss of profit, income or goodwill of any kind or description not specifically insured.
Accidental damage to property forming or which has formed part of any structure prior to the commencement of the contract works unless specifically insured under this policy.
Loss of property either by disappearance or by shortage if the loss is only revealed when an inventory is made or is not traceable to an identifiable event.
Accidental damage consisting of mechanical or electrical breakdown or derangement unless as a result of insured accidental damage or resultant accidental damage.
Accidental damage in respect of:
Money which term shall mean:
i. Coin, bank and currency notes,
ii. Cheques, travellers cheques,
iii. National giro payment orders, postal and money orders, iv. Current unused postage stamps, national savings stamps and certificates, trading stamps, holiday with pay stamps
v. Premium bonds,
vi. Luncheon vouchers, customer redemption vouchers, credit card and debit card vouchers,
vii. Unused franking machine units,
viii. Gift tokens,
ix. Bankers drafts, promissory notes, bonds, securities, bills of exchange, dividend warrants,
x. V.A.T. purchase invoices or other negotiable instruments
Any private car, van, lorry or other vehicle
Any airborne or waterborne craft or vessel.
Penalties or fines for delay, lack of performance, non-completion or non-compliance with the conditions of any contract or reimbursement of any financial agreements.
Accidental damage arising outside the territorial limits.
Accidental damage caused by or consisting of:
Wear and tear, corrosion, oxidation, gradual deterioration, wet or dry rot, shrinkage, dampness, frost, marring or scratching
Normal upkeep or normal making good.
Accidental damage arising from storm, flood, frost, falling trees or weight of snow to gates, fences, pergolas, gazebos, arbours, hedges within the boundaries of the home.
Accidental damage caused by escape of oil from an oil tank unless you can provide evidence that the oil tank is less than 10 years old or that it is inspected annually by a qualified OFTEC engineer and certified as in good condition without the need for repair or replacement
Pre Existing Defect(s):
Accidental damage to the contract works arising from a defect in the existing structure that existed prior to the commencement of the period of insurance.
You are required to provide a report on the condition of the existing structure prior to the commencement of the period of insurance. If you fail to do so, the onus of proof will be on you to show that the damage did not occur as a result of a defect in the existing structure that was present prior to the commencement of the period of insurance.
Your Property:
We will not pay more than £5,000, unless a higher amount is shown on your schedule, for any one loss in respect of loose contract materials and goods unless:
Such loose contract materials and goods are stored within a building of standard construction, and
The building is secured whenever left unattended, and
The building is weatherproof.
Professional Indemnity Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
Professional Indemnity
(On a claims made basis)
This Section applies only if stated as INSURED in the Policy Schedule.
Insuring Clause
The INSURER(S) will indemnify you in respect of any Claim arising out of the conduct of YOUR BUSINESS first made against YOU and notified to the INSURER(S) during the Period of Insurance for any civil liability including claimants costs and expenses arising from:
a. Any negligent act or negligent omission committed by YOU, b. Any dishonest or fraudulent act committed by any of YOUR past or present PARTNERS, DIRECTORS or EMPLOYEES.
The INSURER(S) will indemnify you for reasonable costs and expenses incurred by You in respect of any reasonable action taken to mitigate a loss or potential loss that would otherwise be the subject of a Claim under this Policy provided that:
a. The INSURER(S) give prior written consent to YOU incurring such costs and expenses and
b. YOU prove to the INSURER(S) satisfaction that the amount of the costs and expenses to be incurred are less than any likely award of damages arising from the same potential Claim.
In respect of any Claim or loss the INSURER(S) will not provide indemnity to any person committing or conspiring to commit or condoning any dishonest or fraudulent act or omission.
The total liability under this Cover clause shall not exceed the Limit of Indemnity and Other Costs.
If the amount paid to dispose of a Claim or loss exceeds the Limit of Indemnity the INSURER(S) liability for Other Costs will only be the proportion which the Limit of Indemnity bears to the total amount paid to dispose of such Claim or loss.
Definitions to the Professional Indemnity Section
Any word or phrase specified hereunder to which a meaning is given has the same meaning wherever it appears in this Section or any Schedule Endorsement or notice attached or issued by the INSURER(S) unless specifically amended by any documentation issued by the INSURER(S).
Claim
Means demand made against you consisting of or arising from:
a. Any demand whether oral or in writing for damages or compensation
b. Any Notice of intention whether oral or in writing to commence legal proceedings
c. Any Communication invoking any pre-action protocols
d. Any notification of arbitration ombudsman or adjudication proceedings.
Computer System
Means any:
a. Computer data processing equipment media or part thereof
b. Electronic system of data storage and retrieval or communications system network protocol or part thereof
c. Electronic storage device microchip integrated circuit real time clock system or similar device
d. Computer software (including but not restricted to application software operating systems runtime environments or compilers) firmware or microcode
e. Electronic documents utilised in the ownership security and management of YOUR electronic communication system worldwide web site internet site intranet site extranet site or web address.
Documents
Means any:
a. Project models or displays
b. Deeds, wills or agreements
c. Maps plans records photographs negatives calculations drawings
d. Written or printed books letters certificates documents or forms of any nature whatsoever
e. Computer software files documents and systems records which are YOUR property or are under YOUR custody or control.
This definition does not include bearer bonds evidence of share ownership (whether in electronic or other form) coupons bank or currency notes and other negotiable paper.
Excess
Means the first part of each and every payment in relation to a Claim or loss which is payable by YOU.
The amount of the EXCESS is stated in the Schedule. The EXCESS does not apply to Other Costs or the cover for Documents, Court Attendance or Representation Costs.
Limit of Indemnity
Means the maximum amount stated in the Schedule the INSURER(S) will pay in respect of any one Claim or loss and in total for all Claims or losses first made during any one Period of Insurance.
Any dishonesty or fraud committed by a person acting alone or in collusion with others shall be treated as one Claim or loss.
Other Costs
Means all costs and expenses incurred in the investigation defence or settlement of any Claim in so far as those costs and expenses have been incurred with the INSURER(S)’ written consent.
Proposal
Means any signed PROPOSAL form renewal declaration statement of fact or any additional information supplied to the INSURER(S) by you or on YOUR behalf.
Territorial Limits
Are defined as:
a. England Scotland Wales Northern Ireland the Isle of Man and the Channel Islands.
b. Any other member country of the European Union in respect of INJURY loss or damage caused by or arising from the activities of the INSURED or any DIRECTOR, PARTNER or EMPLOYEE normally resident within the territories specified in a. of this Definition and occurring during any temporary visit made in connection with the TRADE or BUSINESS.
Special Conditions to the Professional Indemnity Section
Payment Limits of Indemnity
In connection with any Claim the INSURER(S) may at any time pay YOU the amount of the Limit of Indemnity (after deduction of any sums already paid as damages or claimant’s costs and expenses in respect of such Claim) or any lesser amount for which the INSURER(S) believe that such Claim can be settled and thereupon the INSURER(S) shall relinquish the control of such Claim and be under no further liability in connection therewith except for costs and expenses incurred prior to the date of such payment and for which the INSURER(S) may be responsible under this Policy.
Single Limit of Indemnity
The Limit of Indemnity and the EXCESS apply to all of YOU jointly.
If more than one INSURED is named in the Schedule the total amount the INSURER(S) will pay will not exceed the amount the INSURER(S) would be liable to pay to any one of YOU.
Dishonest or Fraudulent Acts Condition
Where a Claim or loss involves the dishonest or fraudulent act or omission of any former or present PARTNER, DIRECTOR member EMPLOYEE consultant or sub-contractor:
a. YOU shall at the INSURER(S) request and expense take all reasonable steps to obtain reimbursement from such person,
b. Any monies which but for the dishonest or fraudulent act or omission would be due to such persons from YOU or any monies of such persons held by YOU shall be deducted from any amount payable under this Policy,
c. No indemnity in respect of such Claim or loss shall be afforded to any person committing or condoning such dishonest or fraudulent act or omission,
d. Nothing herein shall preclude the INSURER(S) from exercising any right of subrogation against any person committing or condoning such dishonest or fraudulent act or omission.
Legal Proceedings Condition
YOU shall not be required to contest any legal proceedings unless a senior barrister (to be mutually agreed upon between YOU and the INSURER(S) shall advise that such action has a reasonable prospect of success.
Documents
The INSURER(S) will pay all reasonable costs and expenses incurred by YOU in replacing restoring or reconstituting Documents lost or damaged in the conduct of YOUR BUSINESS provided the loss or damage is suffered and first discovered by YOU and notified to US during the Period of Insurance.
The total liability under this clause shall not exceed £100,000.00.
The INSURER(S) will not provide indemnity in respect of any loss or damage to Documents which are stored on a Computer System unless such Documents are backed up with the intention that in the event of loss or damage the back up can be used as the basis for restoring the Documents to their original status.
Compensation for Court Attendance
In the event of the following persons attending court at the request of the INSURER(S) in connection with a Claim under this Section the INSURER(S) will compensate YOU at a rate of each person’s wages or salary or at the following rates whichever is the less for each day on which attendance is required:
a. By YOU or any of YOUR DIRECTORS or PARTNERS £250.00 per day.
b. By any of YOUR EMPLOYEES £100.00 per day.
Representation Costs
The INSURER(S) will pay on YOUR behalf any reasonable costs and expenses incurred by YOU for representation at properly constituted hearings tribunals or proceedings provided that:
a. Such costs and expenses are incurred with the INSURER(S) prior written consent,
b. The subject of the hearing tribunal or proceeding may become a Claim under this Policy and in respect of which the INSURER(S) may be obliged to provide an indemnity under the terms of this Policy.
The total liability under this clause shall not exceed GBP 50,000.00.
General Conditions
All conditions in this Policy are to the extent they are able to take effect as conditions precedent to the liability of the INSURER under this Policy deemed to be conditions precedent to the liability of the INSURER.
Observance of Policy Terms
The INSURED will observe and fulfil the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the INSURED.
Reasonable Precautions
The INSURED will take all reasonable
a. Precautions to select and supervise EMPLOYEES.
b. Precautions to prevent accidents, injury, loss or damage.
c. Measures to observe and fulfil the requirements of all statutory obligations and regulations.
d. Care to maintain their premises plant and machinery and everything used in the TRADE or BUSINESS in sound condition and proper repair and fit for the purpose of which they are used.
Alteration of Trade or Business
The INSURED will immediately notify the INSURER in writing of any alteration in the TRADE or BUSINESS which may increase the risk of INJURY or loss or damage.
Fraud
If any claim under this Policy is in any respect fraudulent or dishonest or if any fraudulent or dishonest means or devices are used by the INSURED or any DIRECTOR or PARTNER or anyone acting on the INSURED(S)’ behalf to obtain any benefit under this Policy or if any loss, damage or destruction is occasioned by the wilful act or with the connivance of the INSURED or any DIRECTOR or PARTNER then all benefits under this Policy will be forfeited.
Non Contribution
This Policy does not cover any liability for which indemnity is recoverable under any other Policy except for an amount in excess of that recoverable there under.
Claims - Insurer(s)' Rights
The INSURER having been advised of a claim or of an occurrence which might give rise to a claim under this Policy will be entitled to:
a. Undertake and conduct in the name of the INSURED the defence control or settlement of any claim and for its own benefit take proceedings in the INSURED(S)’ name for the purpose of mitigating the loss or of enforcing any rights or remedies or of obtaining relief or indemnity from other parties whether prior to or after payment of any claim has been made. The INSURER(S) shall have full discretion in the conduct of any such proceedings
b. Pay to the INSURED in settlement of its liability for all claims arising out of any one occurrence or series of occurrences attributable to one original cause either
i. The Limit of Indemnity or Limit of Liability of the appropriate Section or Extension or
ii. Such lesser amount for which the claim or claims may be settled.
The INSURER will only provide indemnity for costs fees or expenses incurred up to the date of such payment, less any amounts already paid provided that in the event of a claim or series of claims resulting in the INSURED being liable to pay a sum in excess of the Limit of Indemnity, the liability of the INSURER for such costs, fees and expenses shall not exceed an amount being in the same proportion as the INSURER(S)’ payment to the INSURED bears to the total payment made by or on behalf of the INSURED in settlement of the claim or claims.
Claims - Insured(s)' Action
In the event of a claim or any that is likely to result in a claim the INSURED must:
a. Immediately notify:
Woodgate and Clark Claims Management Limited,
The Red House,
King Street,
West Malling, Kent,
ME19 6QT
Telephone Number - 01732 848077
E-mail: [email protected]
And provide details of such event and other information as may be required.
b. Send to Woodgate and Clark Claims Management Ltd. immediately on receipt and unacknowledged every letter claim writ, summons or process or other document served on the INSURED relating to a claim.
c. Immediately notify the Police if any INJURY or loss or damage caused by malicious person or by theft fraud dishonestly or embezzlement.
d. Do and permit to be done all things reasonably practicable to minimise any loss or damage and accept all reasonable requirements of the INSURER in minimising such loss or damage.
Notice shall also be given to Woodgate and Clark Claims Management Ltd immediately of any impeding:
a. Prosecution or
b. Inquest or
c. Fatal inquiry
In connection with such occurrence.
No:
a. Admission
b. Written statements
c. Offers
d. Promise
e. Payment or
f. Indemnity
Shall be made or given by or on behalf of the INSURED without the written consent of the INSURER.
The INSURED or any DIRECTOR, PARTNER, EMPLOYEE or representative of the INSURED shall hold not a meeting or interview with any party relating to any event Policy without the consent of the INSURER(S), that may give rise to any liability under this Policy without the consent of the INSURER(S).
Ministry of Justice (MOJ), Portal Claims and the Duties Owed by the Insured.
The MOJ reforms are now in effect and apply to the majority of Employers’ and Public Liability claims arising in England and Wales. Principally these reforms set out a strict timetable for the acknowledgement and handling of claims. If the timetable is breached the costs charged by the claimant’s legal representative will increase. As a result prompt reporting of incidents which may give rise to a claim and/or actual claims is vital to ensure investigations can be made in a timely fashion and to keep claim costs to a minimum.
Here is what to do if YOU receive a letter of claim or Claims Notification Form (CNF) from the claimant and/or claimant representative:
If YOU receive a letter of claim or Claims Notification Form (CNF) direct from the claimant and/or claimant legal representative, do not admit liability and simply acknowledge receipt of the communication.
The acknowledgement must be via an electronic format (e-mail is preferred) and within 24 hours from the date of the letter or CNF.
In the acknowledgement please advise your INSURER is Lloyds Syndicate 1991 and their correspondence has been sent to Woodgate and Clark, who are our Appointed Claims Administrator.
After acknowledging the claimant representative, please send all correspondence immediately to Woodgate & Clark remembering to quote your Policy number and name as shown on the Schedule.
Please note YOUR failure to immediately report a claim or circumstance which may give rise to a claim or to provide our appointed Claims Administrator with full cooperation could result in the support from this Policy being withdrawn.
Woodgate and Clark Claims Management Limited
The Red House
West Malling
Kent ME19 6QT
Telephone: 01732 848077
Email: [email protected]
Claims Co-Operation
The INSURED will provide all help assistance and co-operation required by the INSURER in connection with any claim.
Cancellation
The INSURER may cancel this Policy at any time by giving fourteen days’ notice in writing sent to the last known address.
Provided that:
a. No claim has been made or
b. Incident has arisen
Which is likely to give rise to a claim during the current period of insurance.
The INSURER may return the pro rata portion of the premium for the unexpired Period of Insurance.
Payment of Premium
The Premium will be paid when due otherwise all benefit under this Policy will be forfeited and the Policy will be cancelled from the date when the Premium was due.
If the Premium for the Policy is paid through a credit scheme
i. It is a condition precedent to the INSURER(S)’ liability that each credit payment is made on the due date as required by the repayment schedule of the credit scheme and in the event of a default through non-compliance with credit scheme Terms and Conditions then the Policy will be cancelled from the date of the first default.
ii. In the event of a default in the repayment schedule occurring through circumstances other than a breach of the Terms and Conditions of a credit scheme then the Policy will be suspended for 21 days in order for the default to be remedied if the default remains unremedied within the time the Policy will be cancelled at the end of that 21 day period.
Payment of Claims
In the event of a claim being made under a Policy the Premium for which is paid through a credit scheme the INSURER(S) may avail itself of the Terms and conditions of the credit scheme and deduct any sum outstanding from the INSURED to the INSURER(S) in respect of the credit facility from any settlement due to the INSURED of a claim made under this Policy.
Voidance
The Policy will be voidable in the event of non-disclosure of any material information or fact or misrepresentation.
Employers' Liability Right of Recovery
Where Employers’ Liability risks are INSURED by this Policy the indemnity provided is deemed to be in accordance with the provisions of any law relating to the compulsory insurance of liability to EMPLOYEES within England Scotland Wales Northern Ireland the Channel Islands and the Isle of Man.
However the INSURED will repay to the INSURER(S) all sums paid by the INSURER(S) which the INSURER(S) would not have been liable to pay but for the provisions of such law.
Arbitration
If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted), such difference will be referred to an arbitrator in England who is to decide the matter in dispute according to English law and is to be appointed by the parties in accordance with the English statutory provisions in that behalf for the time being in force.
Where any difference is by this Condition to be referred to arbitration the making of an award will be a condition precedent to any right of action against the INSURER(S).
Premium Adjustment
If the premium and tax for this Policy has been calculated on estimates furnished by the INSURED an accurate record containing all particulars relative thereto shall be kept by the INSURED who shall at all times allow the INSURER(S) to inspect such records and shall supply such particulars and information as the INSURER(S) may require within one month of the expiry of each Period of Insurance and the premium and tax shall thereupon be adjusted by the INSURER(S) subject to the retention by the INSURER(S) of the Minimum Premium.
The INSURED agrees to pay to the INSURER(S) any additional premium and tax that may result from such adjustment.
Bona-Fide Sub Contractors
In respect of the INSURED(S)’ liability at law for any claim arising out of or in connection with work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors), the INSURED will at the time of appointing such contractors and at least annually thereafter obtain evidence that such contractors have in force throughout the duration of their contract with the INSURED policies of insurance covering:
a. Employers’ Liability insurance in accordance with any law relating to the compulsory insurance of liability to EMPLOYEES.
b. Public Liability (including inefficacy and Contractual Liability) and products Liability (including products efficacy Liability) insurance
Providing cover for legal liability for INJURY to any person (other than as in a. above) and physical loss of or physical damage to material property with Limits of Indemnity of not less than those applying to this Policy and containing an Indemnity to Principal clause and including the work to be undertaken on behalf of the INSURED.
No claim will be payable under this Policy in relation to work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors) unless the INSURED shall have retained a copy of evidence of the policies of insurance held by such contractors (being a copy of the current relevant insurance Policy and schedule or other written proof)
Security Industry Authority Licensing
It is a Condition precedent to the liability of the INSURER under this Policy that the INSURED will ensure that all EMPLOYEES are at all times licensed under the Private Security Industry Act 2001 or any subsequent or amending legislation and comply with the licensing requirements of the current and in force Security Industry Authority.
The INSURED will at all times ensure that all EMPLOYEES continuously have an active licence at all times during their time of employment.
A record shall be maintained by the INSURED of all EMPLOYEES and bona-fide sub-contractors employed by the INSURED during the PERIOD OF INSURANCE and such records must be kept for not less than 10 years. This record should include the EMPLOYEES and bona-fide sub-contractors:
a. Licence number;
b. Full name;
c. Activity for which they are licenced;
d. Role (Front line or Non-front line);
e. Licence Expiry Date;
A record of any verbal reference shall be made at the time it is obtained and shall be retained by the INSURED and no person will be allowed to work until:
a. They have produced their licence to the INSURED or can evidence that they have a Licence Dispensation Notice as part of the Approved Contractors Scheme and;
b. A copy of their licence or evidence of a Licence Dispensation Notice has been made and placed on file.
The details of all EMPLOYEES and BONA‐FIDE SUB‐CONTRACTORS and copies of their active licence and all other relevant documents shall be made available for inspection by the INSURER on request
Contracts (Right of Third Parties) Act 1999 - Clarification Clause
A person who is not party to this contract of insurance has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this contract of insurance, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Discharge of Liability
The INSURER may at any time pay to the INSURED in connection with any claim or series of claims the amount of the limit(s) of indemnity (after deduction of sums already paid as compensation in respect of such claim or claims or other relevant claims) or any lesser amount for which such claim or claims can be settled and upon such payment being made the INSURER relinquish the conduct and control of and be under no further liability in connection with such claim or claims other than the payment of costs and expenses incurred prior to the time of such payment.
Sanctions
INSURER(S) shall not be deemed to provide cover and no INSURER shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose that INSURER(S) to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union United Kingdom or United States of America.
Several Liability
The subscribing INSURER(S)’ obligations under Policies to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions.
The subscribing INSURER(S) are not responsible for the subscription of any co-subscribing INSURER who for any reason does not satisfy all or part of its obligations.
The proportion of liability under this contract underwritten by a company (or in the case of a Lloyd’s syndicate the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.
In the case of a Lloyd’s syndicate each member of the syndicate (rather than the syndicate itself) is a company.
Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together).
The liability of each member of the syndicate is several and not joint with other members.
A member is liable only for that members’ proportion. A member is not jointly liable for any other members’ proportion. Nor is any member otherwise responsible for any liability of any other INSURER that may underwrite this contract.
Although reference is made at various points in this clause to "this contract" in the singular where the circumstances so require this should be read as a reference to contracts in the plural.
Professional Indemnity
The INSURER(S) shall not be liable for:
i. The amount of the EXCESS or any lesser amount for which a Claim or loss may be settled.
ii. Any claim or circumstances prior to any applicable retroactive date shown in the schedule.
No indemnity will be provided in respect of:
Employment Disputes
Any Claim arising directly or in directly from or caused by any dispute between YOU and any present or former EMPLOYEE or any person who has applied for or been offered employment with YOU.
Employers' & Public Liability
Any Claim arising directly or indirectly from or caused by:
a. Any INJURY of any EMPLOYEE whilst in the course of their employment with YOU,
b. Any other INJURY or loss of or damage to property unless arising from an alleged breach of professional duty in the conduct of YOUR BUSINESS.
Fines & Penalties
Any fines or penalties or any punitive multiple aggravated or exemplary damages where such can be identified separately within any award of any court or tribunal.
Financial Interest
Any Claim brought by any entity:
a. In which you exercise a controlling interest,
b. Which exercises a controlling interest over YOUR BUSINESS by virtue of having a financial or executive interest in YOU unless such Claim arises from or is caused by a claim made against such entity by an independent third party.
Directors' & Officers
Any Claim made against YOU in YOUR capacity as a DIRECTOR officer or trustee unless arising from an alleged breach of professional duty in the conduct of YOUR BUSINESS.
Employee Benefits
Any Claim or loss arising from any plan program or scheme established or maintained to provide benefits to YOU or any EMPLOYEE.
Aviation / Marine / Motor Insurance
Any Claim arising directly or indirectly from or caused by the ownership possession or use by You or on YOUR behalf of any aircraft watercraft hovercraft motor vehicle or trailer.
Property
Any Claim arising directly or indirectly from or caused by
a. Ownership possession or use by YOU or on YOUR behalf of any buildings structures premises or land or
b. That part of any building leased occupied or rented by YOU or
c. Any other property (mobile or immobile) belonging to YOU.
Dishonest & Malicious Acts
Any Claim or loss:
a. Arising from any dishonest or fraudulent act or omission committed by any person after the discovery in relation to that person of reasonable cause for suspicion of any dishonest or fraudulent act or omission.
b. Arising from any dishonest or fraudulent act or omission unless YOUR annual accounts are prepared or certified by an independent and properly qualified accountant or auditor.
Defamation
Any defamation unless YOU can show that it was committed by YOU in good faith.
Contractual Liability
Any Claim arising out of liability assumed by YOU under any contractual agreement:
a. Whereby YOU assume a standard of care greater than that reasonably expected of YOUR profession,
b. By which YOU warranted or guaranteed a particular outcome,
c. By which YOU agreed to pay a contractual penalty or liquidated damages in the event of breach,
d. Which provides greater benefit or a longer lasting benefit than that given to the party with whom YOU originally contracted, unless such liability would have attached to YOU in the absence of the features listed above.
Pollution
Any Claim or loss arising directly or indirectly from or caused by POLLUTION.
Asbestos
Any Claim or loss arising directly or indirectly from in consequence of contributed to or aggravated by ASBESTOS in whatever form or quantity whether alleged or actual.
Financial Results
Any Claim or loss arising from any trading losses or trading liabilities incurred by any BUSINESS managed by or carried on by YOU.
Products
Any liability arising from:
a. The defective workmanship of any construction installation repair alteration or maintenance work,
b. Any manufacturing defect of any goods or PRODUCTS supplied by YOU
Retroactive Date
Any Claim arising directly or indirectly from or caused by any work undertaken by YOU or on YOUR behalf prior to any Retroactive Date stated on the Schedule.
Other Insurance
Any Claim or loss where YOU are entitled to indemnity under any other Policy except in respect of any EXCESS beyond the amount which would have been payable under such insurance had this Policy not been effected.
Circumstance Known at Inception
Any Claim or loss or circumstance that might give rise to a Claim or loss which:
a. Has been notified under any other insurance attaching prior to the inception of this Policy,
b. YOU were or should after reasonable enquiry have been aware of prior to the inception of this Policy.
USA / Canada Exclusion
Any Claim
a. Instituted or pursued in the United States of America and/or Canada and/or their possessions or protectorates (including without limitation the enforcement of a judgement or finding of a court or tribunal of another jurisdiction or otherwise),
b. In which it is contended that the laws of the United States of America and/or Canada and/or their possessions or protectorates should or do apply,
c. Which involves the enforcement or attempted enforcement of a judgement or finding of a court or tribunal of the United States of America and/or Canada and/or their possessions or protectorates.
Computer Viruses
Any Claim arising directly or indirectly from or caused by any computer virus or any other computer program or code designed to produce unexpected, unauthorised or undesirable effects or operations.
Dietary or Nutritional Advice
Any Claim arising from the provision by YOU of any dietary or nutritional advice to any person.
Terrorism
Any Act of TERRORISM (regardless of any other cause or event contributing concurrently or in any other sequence to the liability) or any action taken in controlling preventing or suppressing the Act of TERRORISM.
If the INSURER allege s that by reason of this exclusion any Claim or circumstance is not covered by this Policy the burden of proving the contrary shall be upon the Insured.
Efficacy Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
Inefficacy and Contractual Liability
The INSURER will indemnify the INSURED in respect of liability in accordance with the cover provided by this Section arising from or out of Inefficacy occurring within the TERRITORIAL LIMITS during the Period of Insurance assumed by the INSURED under contract or agreement provided that full conduct and control of all claims is vested in the INSURER
Products Inefficacy Liability
The INSURER will indemnify the INSURED in respect of liability in accordance with the cover provided by this Section arising from or out of PRODUCTS INEFFICACY occurring within the TERRITORIAL LIMITS during the Period of Insurance.
General Conditions
All conditions in this Policy are to the extent they are able to take effect as conditions precedent to the liability of the INSURER under this Policy deemed to be conditions precedent to the liability of the INSURER.
Observance of Policy Terms
The INSURED will observe and fulfil the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the INSURED.
Reasonable Precautions
The INSURED will take all reasonable
a. Precautions to select and supervise EMPLOYEES.
b. Precautions to prevent accidents, injury, loss or damage.
c. Measures to observe and fulfil the requirements of all statutory obligations and regulations.
d. Care to maintain their premises plant and machinery and everything used in the TRADE or BUSINESS in sound condition and proper repair and fit for the purpose of which they are used.
Alteration of Trade or Business
The INSURED will immediately notify the INSURER in writing of any alteration in the TRADE or BUSINESS which may increase the risk of INJURY or loss or damage.
Fraud
If any claim under this Policy is in any respect fraudulent or dishonest or if any fraudulent or dishonest means or devices are used by the INSURED or any DIRECTOR or PARTNER or anyone acting on the INSURED(S)’ behalf to obtain any benefit under this Policy or if any loss, damage or destruction is occasioned by the wilful act or with the connivance of the INSURED or any DIRECTOR or PARTNER then all benefits under this Policy will be forfeited.
Non Contribution
This Policy does not cover any liability for which indemnity is recoverable under any other Policy except for an amount in excess of that recoverable there under.
Claims - Insurer(s)' Rights
The INSURER having been advised of a claim or of an occurrence which might give rise to a claim under this Policy will be entitled to:
a. Undertake and conduct in the name of the INSURED the defence control or settlement of any claim and for its own benefit take proceedings in the INSURED(S)’ name for the purpose of mitigating the loss or of enforcing any rights or remedies or of obtaining relief or indemnity from other parties whether prior to or after payment of any claim has been made. The INSURER(S) shall have full discretion in the conduct of any such proceedings
b. Pay to the INSURED in settlement of its liability for all claims arising out of any one occurrence or series of occurrences attributable to one original cause either
i. The Limit of Indemnity or Limit of Liability of the appropriate Section or Extension or
ii. Such lesser amount for which the claim or claims may be settled.
The INSURER will only provide indemnity for costs fees or expenses incurred up to the date of such payment, less any amounts already paid provided that in the event of a claim or series of claims resulting in the INSURED being liable to pay a sum in excess of the Limit of Indemnity, the liability of the INSURER for such costs, fees and expenses shall not exceed an amount being in the same proportion as the INSURER(S)’ payment to the INSURED bears to the total payment made by or on behalf of the INSURED in settlement of the claim or claims.
Claims - Insured(s)' Action
In the event of a claim or any that is likely to result in a claim the INSURED must:
a. Immediately notify:
Woodgate and Clark Claims Management Limited,
The Red House,
King Street,
West Malling, Kent,
ME19 6QT
Telephone Number - 01732 848077
E-mail: [email protected]
And provide details of such event and other information as may be required.
b. Send to Woodgate and Clark Claims Management Ltd. immediately on receipt and unacknowledged every letter claim writ, summons or process or other document served on the INSURED relating to a claim.
c. Immediately notify the Police if any INJURY or loss or damage caused by malicious person or by theft fraud dishonestly or embezzlement.
d. Do and permit to be done all things reasonably practicable to minimise any loss or damage and accept all reasonable requirements of the INSURER in minimising such loss or damage.
Notice shall also be given to Woodgate and Clark Claims Management Ltd immediately of any impeding:
a. Prosecution or
b. Inquest or
c. Fatal inquiry
In connection with such occurrence.
No:
a. Admission
b. Written statements
c. Offers
d. Promise
e. Payment or
f. Indemnity
Shall be made or given by or on behalf of the INSURED without the written consent of the INSURER.
The INSURED or any DIRECTOR, PARTNER, EMPLOYEE or representative of the INSURED shall hold not a meeting or interview with any party relating to any event Policy without the consent of the INSURER(S), that may give rise to any liability under this Policy without the consent of the INSURER(S).
Ministry of Justice (MOJ), Portal Claims and the Duties Owed by the Insured.
The MOJ reforms are now in effect and apply to the majority of Employers’ and Public Liability claims arising in England and Wales. Principally these reforms set out a strict timetable for the acknowledgement and handling of claims. If the timetable is breached the costs charged by the claimant’s legal representative will increase. As a result prompt reporting of incidents which may give rise to a claim and/or actual claims is vital to ensure investigations can be made in a timely fashion and to keep claim costs to a minimum.
Here is what to do if YOU receive a letter of claim or Claims Notification Form (CNF) from the claimant and/or claimant representative:
If YOU receive a letter of claim or Claims Notification Form (CNF) direct from the claimant and/or claimant legal representative, do not admit liability and simply acknowledge receipt of the communication.
The acknowledgement must be via an electronic format (e-mail is preferred) and within 24 hours from the date of the letter or CNF.
In the acknowledgement please advise your INSURER is Lloyds Syndicate 1991 and their correspondence has been sent to Woodgate and Clark, who are our Appointed Claims Administrator.
After acknowledging the claimant representative, please send all correspondence immediately to Woodgate & Clark remembering to quote your Policy number and name as shown on the Schedule.
Please note YOUR failure to immediately report a claim or circumstance which may give rise to a claim or to provide our appointed Claims Administrator with full cooperation could result in the support from this Policy being withdrawn.
Woodgate and Clark Claims Management Limited
The Red House
West Malling
Kent ME19 6QT
Telephone: 01732 848077
Email: [email protected]
Claims Co-Operation
The INSURED will provide all help assistance and co-operation required by the INSURER in connection with any claim.
Cancellation
The INSURER may cancel this Policy at any time by giving fourteen days’ notice in writing sent to the last known address.
Provided that:
a. No claim has been made or
b. Incident has arisen
Which is likely to give rise to a claim during the current period of insurance.
The INSURER may return the pro rata portion of the premium for the unexpired Period of Insurance.
Payment of Premium
The Premium will be paid when due otherwise all benefit under this Policy will be forfeited and the Policy will be cancelled from the date when the Premium was due.
If the Premium for the Policy is paid through a credit scheme
i. It is a condition precedent to the INSURER(S)’ liability that each credit payment is made on the due date as required by the repayment schedule of the credit scheme and in the event of a default through non-compliance with credit scheme Terms and Conditions then the Policy will be cancelled from the date of the first default.
ii. In the event of a default in the repayment schedule occurring through circumstances other than a breach of the Terms and Conditions of a credit scheme then the Policy will be suspended for 21 days in order for the default to be remedied if the default remains unremedied within the time the Policy will be cancelled at the end of that 21 day period.
Payment of Claims
In the event of a claim being made under a Policy the Premium for which is paid through a credit scheme the INSURER(S) may avail itself of the Terms and conditions of the credit scheme and deduct any sum outstanding from the INSURED to the INSURER(S) in respect of the credit facility from any settlement due to the INSURED of a claim made under this Policy.
Voidance
The Policy will be voidable in the event of non-disclosure of any material information or fact or misrepresentation.
Employers' Liability Right of Recovery
Where Employers’ Liability risks are INSURED by this Policy the indemnity provided is deemed to be in accordance with the provisions of any law relating to the compulsory insurance of liability to EMPLOYEES within England Scotland Wales Northern Ireland the Channel Islands and the Isle of Man.
However the INSURED will repay to the INSURER(S) all sums paid by the INSURER(S) which the INSURER(S) would not have been liable to pay but for the provisions of such law.
Arbitration
If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted), such difference will be referred to an arbitrator in England who is to decide the matter in dispute according to English law and is to be appointed by the parties in accordance with the English statutory provisions in that behalf for the time being in force.
Where any difference is by this Condition to be referred to arbitration the making of an award will be a condition precedent to any right of action against the INSURER(S).
Premium Adjustment
If the premium and tax for this Policy has been calculated on estimates furnished by the INSURED an accurate record containing all particulars relative thereto shall be kept by the INSURED who shall at all times allow the INSURER(S) to inspect such records and shall supply such particulars and information as the INSURER(S) may require within one month of the expiry of each Period of Insurance and the premium and tax shall thereupon be adjusted by the INSURER(S) subject to the retention by the INSURER(S) of the Minimum Premium.
The INSURED agrees to pay to the INSURER(S) any additional premium and tax that may result from such adjustment.
Bona-Fide Sub Contractors
In respect of the INSURED(S)’ liability at law for any claim arising out of or in connection with work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors), the INSURED will at the time of appointing such contractors and at least annually thereafter obtain evidence that such contractors have in force throughout the duration of their contract with the INSURED policies of insurance covering:
a. Employers’ Liability insurance in accordance with any law relating to the compulsory insurance of liability to EMPLOYEES.
b. Public Liability (including inefficacy and Contractual Liability) and products Liability (including products efficacy Liability) insurance
Providing cover for legal liability for INJURY to any person (other than as in a. above) and physical loss of or physical damage to material property with Limits of Indemnity of not less than those applying to this Policy and containing an Indemnity to Principal clause and including the work to be undertaken on behalf of the INSURED.
No claim will be payable under this Policy in relation to work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors) unless the INSURED shall have retained a copy of evidence of the policies of insurance held by such contractors (being a copy of the current relevant insurance Policy and schedule or other written proof)
Security Industry Authority Licensing
It is a Condition precedent to the liability of the INSURER under this Policy that the INSURED will ensure that all EMPLOYEES are at all times licensed under the Private Security Industry Act 2001 or any subsequent or amending legislation and comply with the licensing requirements of the current and in force Security Industry Authority.
The INSURED will at all times ensure that all EMPLOYEES continuously have an active licence at all times during their time of employment.
A record shall be maintained by the INSURED of all EMPLOYEES and bona-fide sub-contractors employed by the INSURED during the PERIOD OF INSURANCE and such records must be kept for not less than 10 years. This record should include the EMPLOYEES and bona-fide sub-contractors:
a. Licence number;
b. Full name;
c. Activity for which they are licenced;
d. Role (Front line or Non-front line);
e. Licence Expiry Date;
A record of any verbal reference shall be made at the time it is obtained and shall be retained by the INSURED and no person will be allowed to work until:
a. They have produced their licence to the INSURED or can evidence that they have a Licence Dispensation Notice as part of the Approved Contractors Scheme and;
b. A copy of their licence or evidence of a Licence Dispensation Notice has been made and placed on file.
The details of all EMPLOYEES and BONA‐FIDE SUB‐CONTRACTORS and copies of their active licence and all other relevant documents shall be made available for inspection by the INSURER on request
Contracts (Right of Third Parties) Act 1999 - Clarification Clause
A person who is not party to this contract of insurance has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this contract of insurance, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Discharge of Liability
The INSURER may at any time pay to the INSURED in connection with any claim or series of claims the amount of the limit(s) of indemnity (after deduction of sums already paid as compensation in respect of such claim or claims or other relevant claims) or any lesser amount for which such claim or claims can be settled and upon such payment being made the INSURER relinquish the conduct and control of and be under no further liability in connection with such claim or claims other than the payment of costs and expenses incurred prior to the time of such payment.
Sanctions
INSURER(S) shall not be deemed to provide cover and no INSURER shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose that INSURER(S) to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union United Kingdom or United States of America.
Several Liability
The subscribing INSURER(S)’ obligations under Policies to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions.
The subscribing INSURER(S) are not responsible for the subscription of any co-subscribing INSURER who for any reason does not satisfy all or part of its obligations.
The proportion of liability under this contract underwritten by a company (or in the case of a Lloyd’s syndicate the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.
In the case of a Lloyd’s syndicate each member of the syndicate (rather than the syndicate itself) is a company.
Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together).
The liability of each member of the syndicate is several and not joint with other members.
A member is liable only for that members’ proportion. A member is not jointly liable for any other members’ proportion. Nor is any member otherwise responsible for any liability of any other INSURER that may underwrite this contract.
Although reference is made at various points in this clause to "this contract" in the singular where the circumstances so require this should be read as a reference to contracts in the plural.
Inefficacy and Contractual Liability
The INSURER will not be liable for:
a. The amount of the EXCESS specified in the Schedule in respect of each and every claim for loss of or damage to property.
b. Liquidated damages fines or penalties.
c. Loss of or damage to contract works in respect of which the INSURED is required to effect insurance under the terms of any contract or agreement.
d. Loss of or damage to material property brought on to any site of contract or place of work for the purpose of such contract or work.
e. Liability arising from PRODUCTS.
f. Liability in respect of any indirect or consequential loss arising from a breach of contract by the INSURED not related to physical loss of or physical damage to material property or INJURY to any person.
g. Any amount in excess of the Limit of Indemnity specified in the Schedule in respect of or arising out of any one occurrence attributable to one original cause or source.
Products Inefficacy
The INSURER will not be liable for:
a. The amount of the EXCESS specified in the Schedule in respect of each and every claim for loss of or damage to property.
b. Any amount in excess of the Limit of Indemnity specified in the Schedule in respect of any one occurrence or in the aggregate in any one Period of Insurance.
Nuclear Risks
Loss or destruction of or damage to any material property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.
Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
i. Ionising radiation or contamination by radioactivity from any nuclear fuel or from nuclear waste from the combustion of nuclear fuel.
ii. The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
This General Exclusion does not apply to the Employers’ Liability Section
War Risks
Any contingency occasioned by or happening through or in consequence of war invasion acts of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power martial law confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority.
Pressure Waves
Loss destruction or damage occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed.
Employers Liability Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
Employers Liability Insurance
The Employers’ Liability Insurance Section is operative only if a Limit of Indemnity is shown for Employers’ Liability in the Schedule The INSURER will indemnity the INSURED against all sums which the INSURED shall become legally to pay as compensatory damages and claimants costs and expenses in respect of INJURY sustained by an EMPLOYEE arising out of and in the course of employment by the INSURED within the TERRITORIAL LIMITS in connection with the TRADE or BUSINESS during the Period of Insurance.
The INSURER will also pay for all legal costs and expenses incurred with its written consent:
a. In defence of any claims
b. For representation of any INJURY in respect of any death
Which may be the subject of indemnity under this section
Limit of Liability (Employers Liability)
The maximum liability of the INSURER inclusive of all costs and expenses payable under this Section and its Extensions shall be the Limit of Indemnity stated in the Schedule in respect of any one claim against the INSURED or series of claims against the INSURED arising out of any one occurrence
General Conditions
All conditions in this Policy are to the extent they are able to take effect as conditions precedent to the liability of the INSURER under this Policy deemed to be conditions precedent to the liability of the INSURER.
Observance of Policy Terms
The INSURED will observe and fulfil the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the INSURED.
Reasonable Precautions
The INSURED will take all reasonable
a. Precautions to select and supervise EMPLOYEES.
b. Precautions to prevent accidents, injury, loss or damage.
c. Measures to observe and fulfil the requirements of all statutory obligations and regulations.
d. Care to maintain their premises plant and machinery and everything used in the TRADE or BUSINESS in sound condition and proper repair and fit for the purpose of which they are used.
Alteration of Trade or Business
The INSURED will immediately notify the INSURER in writing of any alteration in the TRADE or BUSINESS which may increase the risk of INJURY or loss or damage.
Fraud
If any claim under this Policy is in any respect fraudulent or dishonest or if any fraudulent or dishonest means or devices are used by the INSURED or any DIRECTOR or PARTNER or anyone acting on the INSURED(S)’ behalf to obtain any benefit under this Policy or if any loss, damage or destruction is occasioned by the wilful act or with the connivance of the INSURED or any DIRECTOR or PARTNER then all benefits under this Policy will be forfeited.
Non Contribution
This Policy does not cover any liability for which indemnity is recoverable under any other Policy except for an amount in excess of that recoverable there under.
Claims - Insurer(s)' Rights
The INSURER having been advised of a claim or of an occurrence which might give rise to a claim under this Policy will be entitled to:
a. Undertake and conduct in the name of the INSURED the defence control or settlement of any claim and for its own benefit take proceedings in the INSURED(S)’ name for the purpose of mitigating the loss or of enforcing any rights or remedies or of obtaining relief or indemnity from other parties whether prior to or after payment of any claim has been made. The INSURER(S) shall have full discretion in the conduct of any such proceedings
b. Pay to the INSURED in settlement of its liability for all claims arising out of any one occurrence or series of occurrences attributable to one original cause either
i. The Limit of Indemnity or Limit of Liability of the appropriate Section or Extension or
ii. Such lesser amount for which the claim or claims may be settled.
The INSURER will only provide indemnity for costs fees or expenses incurred up to the date of such payment, less any amounts already paid provided that in the event of a claim or series of claims resulting in the INSURED being liable to pay a sum in excess of the Limit of Indemnity, the liability of the INSURER for such costs, fees and expenses shall not exceed an amount being in the same proportion as the INSURER(S)’ payment to the INSURED bears to the total payment made by or on behalf of the INSURED in settlement of the claim or claims.
Claims - Insured(s)' Action
In the event of a claim or any that is likely to result in a claim the INSURED must:
a. Immediately notify:
Woodgate and Clark Claims Management Limited,
The Red House,
King Street,
West Malling, Kent,
ME19 6QT
Telephone Number - 01732 848077
E-mail: [email protected]
And provide details of such event and other information as may be required.
b. Send to Woodgate and Clark Claims Management Ltd. immediately on receipt and unacknowledged every letter claim writ, summons or process or other document served on the INSURED relating to a claim.
c. Immediately notify the Police if any INJURY or loss or damage caused by malicious person or by theft fraud dishonestly or embezzlement.
d. Do and permit to be done all things reasonably practicable to minimise any loss or damage and accept all reasonable requirements of the INSURER in minimising such loss or damage.
Notice shall also be given to Woodgate and Clark Claims Management Ltd immediately of any impeding:
a. Prosecution or
b. Inquest or
c. Fatal inquiry
In connection with such occurrence.
No:
a. Admission
b. Written statements
c. Offers
d. Promise
e. Payment or
f. Indemnity
Shall be made or given by or on behalf of the INSURED without the written consent of the INSURER.
The INSURED or any DIRECTOR, PARTNER, EMPLOYEE or representative of the INSURED shall hold not a meeting or interview with any party relating to any event Policy without the consent of the INSURER(S), that may give rise to any liability under this Policy without the consent of the INSURER(S).
Ministry of Justice (MOJ), Portal Claims and the Duties Owed by the Insured.
The MOJ reforms are now in effect and apply to the majority of Employers’ and Public Liability claims arising in England and Wales. Principally these reforms set out a strict timetable for the acknowledgement and handling of claims. If the timetable is breached the costs charged by the claimant’s legal representative will increase. As a result prompt reporting of incidents which may give rise to a claim and/or actual claims is vital to ensure investigations can be made in a timely fashion and to keep claim costs to a minimum.
Here is what to do if YOU receive a letter of claim or Claims Notification Form (CNF) from the claimant and/or claimant representative:
If YOU receive a letter of claim or Claims Notification Form (CNF) direct from the claimant and/or claimant legal representative, do not admit liability and simply acknowledge receipt of the communication.
The acknowledgement must be via an electronic format (e-mail is preferred) and within 24 hours from the date of the letter or CNF.
In the acknowledgement please advise your INSURER is Lloyds Syndicate 1991 and their correspondence has been sent to Woodgate and Clark, who are our Appointed Claims Administrator.
After acknowledging the claimant representative, please send all correspondence immediately to Woodgate & Clark remembering to quote your Policy number and name as shown on the Schedule.
Please note YOUR failure to immediately report a claim or circumstance which may give rise to a claim or to provide our appointed Claims Administrator with full cooperation could result in the support from this Policy being withdrawn.
Woodgate and Clark Claims Management Limited
The Red House
West Malling
Kent ME19 6QT
Telephone: 01732 848077
Email: [email protected]
Claims Co-Operation
The INSURED will provide all help assistance and co-operation required by the INSURER in connection with any claim.
Cancellation
The INSURER may cancel this Policy at any time by giving fourteen days’ notice in writing sent to the last known address.
Provided that:
a. No claim has been made or
b. Incident has arisen
Which is likely to give rise to a claim during the current period of insurance.
The INSURER may return the pro rata portion of the premium for the unexpired Period of Insurance.
Payment of Premium
The Premium will be paid when due otherwise all benefit under this Policy will be forfeited and the Policy will be cancelled from the date when the Premium was due.
If the Premium for the Policy is paid through a credit scheme
i. It is a condition precedent to the INSURER(S)’ liability that each credit payment is made on the due date as required by the repayment schedule of the credit scheme and in the event of a default through non-compliance with credit scheme Terms and Conditions then the Policy will be cancelled from the date of the first default.
ii. In the event of a default in the repayment schedule occurring through circumstances other than a breach of the Terms and Conditions of a credit scheme then the Policy will be suspended for 21 days in order for the default to be remedied if the default remains unremedied within the time the Policy will be cancelled at the end of that 21 day period.
Payment of Claims
In the event of a claim being made under a Policy the Premium for which is paid through a credit scheme the INSURER(S) may avail itself of the Terms and conditions of the credit scheme and deduct any sum outstanding from the INSURED to the INSURER(S) in respect of the credit facility from any settlement due to the INSURED of a claim made under this Policy.
Voidance
The Policy will be voidable in the event of non-disclosure of any material information or fact or misrepresentation.
Employers' Liability Right of Recovery
Where Employers’ Liability risks are INSURED by this Policy the indemnity provided is deemed to be in accordance with the provisions of any law relating to the compulsory insurance of liability to EMPLOYEES within England Scotland Wales Northern Ireland the Channel Islands and the Isle of Man.
However the INSURED will repay to the INSURER(S) all sums paid by the INSURER(S) which the INSURER(S) would not have been liable to pay but for the provisions of such law.
Arbitration
If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted), such difference will be referred to an arbitrator in England who is to decide the matter in dispute according to English law and is to be appointed by the parties in accordance with the English statutory provisions in that behalf for the time being in force.
Where any difference is by this Condition to be referred to arbitration the making of an award will be a condition precedent to any right of action against the INSURER(S).
Premium Adjustment
If the premium and tax for this Policy has been calculated on estimates furnished by the INSURED an accurate record containing all particulars relative thereto shall be kept by the INSURED who shall at all times allow the INSURER(S) to inspect such records and shall supply such particulars and information as the INSURER(S) may require within one month of the expiry of each Period of Insurance and the premium and tax shall thereupon be adjusted by the INSURER(S) subject to the retention by the INSURER(S) of the Minimum Premium.
The INSURED agrees to pay to the INSURER(S) any additional premium and tax that may result from such adjustment.
Bona-Fide Sub Contractors
In respect of the INSURED(S)’ liability at law for any claim arising out of or in connection with work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors), the INSURED will at the time of appointing such contractors and at least annually thereafter obtain evidence that such contractors have in force throughout the duration of their contract with the INSURED policies of insurance covering:
a. Employers’ Liability insurance in accordance with any law relating to the compulsory insurance of liability to EMPLOYEES.
b. Public Liability (including inefficacy and Contractual Liability) and products Liability (including products efficacy Liability) insurance
Providing cover for legal liability for INJURY to any person (other than as in a. above) and physical loss of or physical damage to material property with Limits of Indemnity of not less than those applying to this Policy and containing an Indemnity to Principal clause and including the work to be undertaken on behalf of the INSURED.
No claim will be payable under this Policy in relation to work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors) unless the INSURED shall have retained a copy of evidence of the policies of insurance held by such contractors (being a copy of the current relevant insurance Policy and schedule or other written proof)
Security Industry Authority Licensing
It is a Condition precedent to the liability of the INSURER under this Policy that the INSURED will ensure that all EMPLOYEES are at all times licensed under the Private Security Industry Act 2001 or any subsequent or amending legislation and comply with the licensing requirements of the current and in force Security Industry Authority.
The INSURED will at all times ensure that all EMPLOYEES continuously have an active licence at all times during their time of employment.
A record shall be maintained by the INSURED of all EMPLOYEES and bona-fide sub-contractors employed by the INSURED during the PERIOD OF INSURANCE and such records must be kept for not less than 10 years. This record should include the EMPLOYEES and bona-fide sub-contractors:
a. Licence number;
b. Full name;
c. Activity for which they are licenced;
d. Role (Front line or Non-front line);
e. Licence Expiry Date;
A record of any verbal reference shall be made at the time it is obtained and shall be retained by the INSURED and no person will be allowed to work until:
a. They have produced their licence to the INSURED or can evidence that they have a Licence Dispensation Notice as part of the Approved Contractors Scheme and;
b. A copy of their licence or evidence of a Licence Dispensation Notice has been made and placed on file.
The details of all EMPLOYEES and BONA‐FIDE SUB‐CONTRACTORS and copies of their active licence and all other relevant documents shall be made available for inspection by the INSURER on request
Contracts (Right of Third Parties) Act 1999 - Clarification Clause
A person who is not party to this contract of insurance has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this contract of insurance, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Discharge of Liability
The INSURER may at any time pay to the INSURED in connection with any claim or series of claims the amount of the limit(s) of indemnity (after deduction of sums already paid as compensation in respect of such claim or claims or other relevant claims) or any lesser amount for which such claim or claims can be settled and upon such payment being made the INSURER relinquish the conduct and control of and be under no further liability in connection with such claim or claims other than the payment of costs and expenses incurred prior to the time of such payment.
Sanctions
INSURER(S) shall not be deemed to provide cover and no INSURER shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose that INSURER(S) to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union United Kingdom or United States of America.
Several Liability
The subscribing INSURER(S)’ obligations under Policies to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions.
The subscribing INSURER(S) are not responsible for the subscription of any co-subscribing INSURER who for any reason does not satisfy all or part of its obligations.
The proportion of liability under this contract underwritten by a company (or in the case of a Lloyd’s syndicate the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.
In the case of a Lloyd’s syndicate each member of the syndicate (rather than the syndicate itself) is a company.
Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together).
The liability of each member of the syndicate is several and not joint with other members.
A member is liable only for that members’ proportion. A member is not jointly liable for any other members’ proportion. Nor is any member otherwise responsible for any liability of any other INSURER that may underwrite this contract.
Although reference is made at various points in this clause to "this contract" in the singular where the circumstances so require this should be read as a reference to contracts in the plural.
These apply in addition to the other Exclusions in this Section and the General Exclusions The INSURER will not be liable for
Passenger Liability
Compensation to an EMPLOYEE for bodily INJURY sustained when the EMPLOYEE is carried in or on a vehicle or entering or getting onto or alighting from a vehicle in circumstances where any road traffic legislation requires compulsory insurance or security covering that risk.
Offshore
Liability arising out of any work undertaken and/or visit OFFSHORE.
Excluded Locations
INJURY arising in connection with work on or in
a. Railways
b. Watercraft
c. Offshore gas or oil installations
d. Chemical or petrochemical works oil or gas refineries or oil gas storage facilities
e. Airside or aircraft
f. Power stations
g. Any installation or establishment where nuclear processing is undertaken
Asbestos
Any liability arising under this section arising out of or related to the manufacture mining processing distribution testing REMEDIATION removal storage disposal sale use or exposure to ASBESTOS or materials or products containing ASBESTOS, other than to the extent that an indemnity is deemed to be required in accordance with the provisions of any law relating to compulsory insurance of liability to EMPLOYEES in which case a sub-limit of GBP 5,000,000.00 shall apply, inclusive of all damages, costs and expenses payable in respect of any one claim arising out of any one event or all events of a series consequent on or attributable to one source or original cause.
It is a condition precedent to the liability of the INSURER that the INSURED does not:
a. Manufacture
b. Mine
c. Process
d. Distribute
e. Test
f. Remediate
g. Remove
h. Store
i. Dispose
j. Sell or
k. Use
ASBESTOS or materials or products containing ASBESTOS.
Terrorism
In respect of TERRORISM, except to the extent that an indemnity is deemed to be required, in accordance with the provisions of any law relating to compulsory insurance of liability to Employees in which case the liability of the INSURER under this section for damages costs and expenses (including all defence costs) payable in respect of any one claim against the INSURED or series of claims against the INSURED arising out of one event shall not exceed GBP 5,000,000.00.
Nuclear Risks
Loss or destruction of or damage to any material property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.
Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
i. Ionising radiation or contamination by radioactivity from any nuclear fuel or from nuclear waste from the combustion of nuclear fuel.
ii. The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
This General Exclusion does not apply to the Employers’ Liability Section
War Risks
Any contingency occasioned by or happening through or in consequence of war invasion acts of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power martial law confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority.
Pressure Waves
Loss destruction or damage occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed
Public Liability Coverage
This Wording is Taken From One Public Liability Policy. Policies May Differ in Coverage.
The INSURER will indemnify the INSURED against all sums which the INSURED shall become legally liable to pay as compensatory damages and claimants costs and expenses arising out of accidental
Occurring within the TERRITORIAL LIMITS in connection with the TRADE or BUSINESS during the Period of Insurance.
Limit of Liability
The maximum liability of the INSURER(S) in respect of all indemnity payable under this Section and extensions of this section in respect of or arising out of any one occurrence attributable to one original cause or source will not exceed in the aggregate the Limit of Indemnity stated in the Schedule.
Provided that the liability of the INSURER(S) for all indemnity payable in respect of or arising out of PRODUCTS will not exceed the Limit of Indemnity stated in the Schedule in any one Period of Insurance.
Loss of Keys
The INSURER will indemnify the INSURED against:
Provided that such loss necessitates the replacement changing or alteration of locks at YOUR customers premises.
The INSURER will not be liable for:
Financial Loss
The INSURER will indemnify the INSURED against legal liability for damages and claimants’ costs and expenses in respect of any claim for financial loss first made against the INSURED during the Period of Insurance.
For the purpose of this extension ‘financial loss’ means a pecuniary loss cost or expense incurred other than by the INSURED or any EMPLOYEE of the INSURED as a result of work carried out by or on behalf of the INSURED in or from England Scotland Wales Northern Ireland the Channel Islands or the Isle of Man in connection with the Business.
Exceptions applicable to this section:
The indemnity provided by this extension shall not apply to
Special Provisions Relating to this Extension
If during the currency of this Policy the INSURED becomes aware of any circumstances which may likely give rise to a claim falling under this extension and the INSURED gives written notice to the INSURER of such circumstances during the Period of Insurance, any claim which may subsequently be made against the INSURED arising out of the circumstances of which notification has been given shall be deemed to be a claim arising during the period of this Policy whenever such claim may actually be made.
The liability of the INSURER in respect of all claims made against the INSURED during any one period of insurance shall not exceed the Indemnity Limit shown in the Schedule
Cross Liabilities
If this Policy is issued in the joint names of more than one INSURED the INSURER will indemnify each of them as though a separate Policy had been issued to each of them provided that the total liability of the INSURER, in respect of any one occurrence or series of occurrences, is attributable to one original cause or source and will, in no circumstances exceed in the aggregate Limit of Indemnity stated in the Schedule.
Legal Costs and Expenses
The INSURER will pay in addition to the Limit of Indemnity legal costs and expenses incurred with its written consent for:
Defective Premises Act 1972
The INSURER will indemnify the INSURED against liability for INJURY loss or damage arising solely by reason of Section 3 of the Defective Premises Act 1972 in connection with premises previously owned by the INSURED for purposes pertaining to the TRADE or BUSINESS and since disposed of by the INSURED.
The INSURER will not be liable under this Extension in respect of INJURY loss or damage:
Leased and Rented Premises
The INSURER will indemnify the INSURED against legal liability for loss or damage to premises hired to or rented to the INSURED for the purpose of the TRADE or BUSINESS within the TERRITORIAL LIMITS.
The INSURER will not be liable under this Extension in respect of:
Motor Contingency Liability
The INSURER will indemnify the INSURED against legal liability arising out of the use for the purposes of the TRADE or BUSINESS of any motor vehicle not belonging to or provided by the INSURED
The INSURER will not be liable under this Extension in respect of:
Mechanical Plant as a Tool of Trade
The INSURER will indemnify the INSURED in respect of liability arising out of ownership or use of mechanically propelled plant whilst such plant is being used as a tool of trade within the TERRITORIAL LIMITS.
But not in respect of any liability:
Indemnity to Principal
The INSURER will indemnify any PRINCIPAL in respect of the legal liability of such PRINCIPAL arising out of work carried out by the INSURED under a contract or agreement provided that:
Overseas Personal Liability
The INSURER will indemnify
The INSURED or any DIRECTOR, PARTNER or EMPLOYEE
Any member of the INSUREDS', DIRECTORS', PARTNERS' or EMPLOYEES' family accompanying them against all sums which they become legally liable to pay as compensatory damages and claimants costs and expenses arising out of accidental:
The INSURER will not be liable under this Extension for:
Health and Safety at Work and Corporate Manslaughter Defence Costs
In the event of:
Any act, omission or incident or alleged act, omission or incident leading to criminal proceedings brought in respect of a breach of the Health and Safety at Work etc. Act 1974 and/or Corporate Manslaughter and Corporate Homicide Act 2007 or similar legislation in the United Kingdom or
An incident which results in an inquiry ordered under the Health and Safety Inquiries (Procedure) Regulations 1975.
The INSURER will provide indemnity against Costs and Expenses incurred in representing the INSURED. In such proceedings, including appealing the results of such proceedings, as long as the proceedings relate to an act, omission or incident or alleged act, omission or incident which has been committed during the Period of Insurance within the United Kingdom and in the course of the INSURED(S)’ TRADE or BUSINESS provided that:
This indemnity will not apply:
General Conditions
All conditions in this Policy are to the extent they are able to take effect as conditions precedent to the liability of the INSURER under this Policy deemed to be conditions precedent to the liability of the INSURER.
Observance of Policy Terms
The INSURED will observe and fulfil the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the INSURED.
Reasonable Precautions
The INSURED will take all reasonable
Alteration of Trade or Business
The INSURED will immediately notify the INSURER in writing of any alteration in the TRADE or BUSINESS which may increase the risk of INJURY or loss or damage.
Fraud
If any claim under this Policy is in any respect fraudulent or dishonest or if any fraudulent or dishonest means or devices are used by the INSURED or any DIRECTOR or PARTNER or anyone acting on the INSURED(S)’ behalf to obtain any benefit under this Policy or if any loss, damage or destruction is occasioned by the wilful act or with the connivance of the INSURED or any DIRECTOR or PARTNER then all benefits under this Policy will be forfeited.
Non Contribution
This Policy does not cover any liability for which indemnity is recoverable under any other Policy except for an amount in excess of that recoverable there under.
Claims - Insurer(s)' Rights
The INSURER having been advised of a claim or of an occurrence which might give rise to a claim under this Policy will be entitled to:
The INSURER will only provide indemnity for costs fees or expenses incurred up to the date of such payment, less any amounts already paid provided that in the event of a claim or series of claims resulting in the INSURED being liable to pay a sum in excess of the Limit of Indemnity, the liability of the INSURER for such costs, fees and expenses shall not exceed an amount being in the same proportion as the INSURER(S)’ payment to the INSURED bears to the total payment made by or on behalf of the INSURED in settlement of the claim or claims.
Claims - Insured(s)' Action
In the event of a claim or any that is likely to result in a claim the INSURED must:
Notice shall also be given to Woodgate and Clark Claims Management Ltd immediately of any impeding:
In connection with such occurrence.
No:
Shall be made or given by or on behalf of the INSURED without the written consent of the INSURER.
The INSURED or any DIRECTOR, PARTNER, EMPLOYEE or representative of the INSURED shall hold not a meeting or interview with any party relating to any event Policy without the consent of the INSURER(S), that may give rise to any liability under this Policy without the consent of the INSURER(S).
Ministry of Justice (MOJ), Portal Claims and the Duties Owed by the Insured.
The MOJ reforms are now in effect and apply to the majority of Employers’ and Public Liability claims arising in England and Wales. Principally these reforms set out a strict timetable for the acknowledgement and handling of claims. If the timetable is breached the costs charged by the claimant’s legal representative will increase. As a result prompt reporting of incidents which may give rise to a claim and/or actual claims is vital to ensure investigations can be made in a timely fashion and to keep claim costs to a minimum.
Here is what to do if YOU receive a letter of claim or Claims Notification Form (CNF) from the claimant and/or claimant representative:
If YOU receive a letter of claim or Claims Notification Form (CNF) direct from the claimant and/or claimant legal representative, do not admit liability and simply acknowledge receipt of the communication.
The acknowledgement must be via an electronic format (e-mail is preferred) and within 24 hours from the date of the letter or CNF.
In the acknowledgement please advise your INSURER is Lloyds Syndicate 1991 and their correspondence has been sent to Woodgate and Clark, who are our Appointed Claims Administrator.
After acknowledging the claimant representative, please send all correspondence immediately to Woodgate & Clark remembering to quote your Policy number and name as shown on the Schedule.
Please note YOUR failure to immediately report a claim or circumstance which may give rise to a claim or to provide our appointed Claims Administrator with full cooperation could result in the support from this Policy being withdrawn.
Woodgate and Clark Claims Management Limited
The Red House
West Malling
Kent ME19 6QT
Telephone: 01732 848077
Email: [email protected]
Claims Co-Operation
The INSURED will provide all help assistance and co-operation required by the INSURER in connection with any claim.
Cancellation
The INSURER may cancel this Policy at any time by giving fourteen days’ notice in writing sent to the last known address.
Provided that:
Which is likely to give rise to a claim during the current period of insurance.
The INSURER may return the pro rata portion of the premium for the unexpired Period of Insurance.
Payment of Premium
The Premium will be paid when due otherwise all benefit under this Policy will be forfeited and the Policy will be cancelled from the date when the Premium was due.
If the Premium for the Policy is paid through a credit scheme
Payment of Claims
In the event of a claim being made under a Policy the Premium for which is paid through a credit scheme the INSURER(S) may avail itself of the Terms and conditions of the credit scheme and deduct any sum outstanding from the INSURED to the INSURER(S) in respect of the credit facility from any settlement due to the INSURED of a claim made under this Policy.
Voidance
The Policy will be voidable in the event of non-disclosure of any material information or fact or misrepresentation.
Employers' Liability Right of Recovery
Where Employers’ Liability risks are INSURED by this Policy the indemnity provided is deemed to be in accordance with the provisions of any law relating to the compulsory insurance of liability to EMPLOYEES within England Scotland Wales Northern Ireland the Channel Islands and the Isle of Man.
However the INSURED will repay to the INSURER(S) all sums paid by the INSURER(S) which the INSURER(S) would not have been liable to pay but for the provisions of such law.
Arbitration
If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted), such difference will be referred to an arbitrator in England who is to decide the matter in dispute according to English law and is to be appointed by the parties in accordance with the English statutory provisions in that behalf for the time being in force.
Where any difference is by this Condition to be referred to arbitration the making of an award will be a condition precedent to any right of action against the INSURER(S).
Premium Adjustment
If the premium and tax for this Policy has been calculated on estimates furnished by the INSURED an accurate record containing all particulars relative thereto shall be kept by the INSURED who shall at all times allow the INSURER(S) to inspect such records and shall supply such particulars and information as the INSURER(S) may require within one month of the expiry of each Period of Insurance and the premium and tax shall thereupon be adjusted by the INSURER(S) subject to the retention by the INSURER(S) of the Minimum Premium.
The INSURED agrees to pay to the INSURER(S) any additional premium and tax that may result from such adjustment.
Bona-Fide Sub Contractors
In respect of the INSURED(S)’ liability at law for any claim arising out of or in connection with work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors), the INSURED will at the time of appointing such contractors and at least annually thereafter obtain evidence that such contractors have in force throughout the duration of their contract with the INSURED policies of insurance covering:
Providing cover for legal liability for INJURY to any person (other than as in a. above) and physical loss of or physical damage to material property with Limits of Indemnity of not less than those applying to this Policy and containing an Indemnity to Principal clause and including the work to be undertaken on behalf of the INSURED.
No claim will be payable under this Policy in relation to work undertaken on behalf of the INSURED by independent contractors (bona-fide sub-contractors) unless the INSURED shall have retained a copy of evidence of the policies of insurance held by such contractors (being a copy of the current relevant insurance Policy and schedule or other written proof)
Security Industry Authority Licensing
It is a Condition precedent to the liability of the INSURER under this Policy that the INSURED will ensure that all EMPLOYEES are at all times licensed under the Private Security Industry Act 2001 or any subsequent or amending legislation and comply with the licensing requirements of the current and in force Security Industry Authority.
The INSURED will at all times ensure that all EMPLOYEES continuously have an active licence at all times during their time of employment.
A record shall be maintained by the INSURED of all EMPLOYEES and bona-fide sub-contractors employed by the INSURED during the PERIOD OF INSURANCE and such records must be kept for not less than 10 years. This record should include the EMPLOYEES and bona-fide sub-contractors:
A record of any verbal reference shall be made at the time it is obtained and shall be retained by the INSURED and no person will be allowed to work until:
The details of all EMPLOYEES and BONA‐FIDE SUB‐CONTRACTORS and copies of their active licence and all other relevant documents shall be made available for inspection by the INSURER on request
Contracts (Right of Third Parties) Act 1999 - Clarification Clause
A person who is not party to this contract of insurance has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this contract of insurance, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Discharge of Liability
The INSURER may at any time pay to the INSURED in connection with any claim or series of claims the amount of the limit(s) of indemnity (after deduction of sums already paid as compensation in respect of such claim or claims or other relevant claims) or any lesser amount for which such claim or claims can be settled and upon such payment being made the INSURER relinquish the conduct and control of and be under no further liability in connection with such claim or claims other than the payment of costs and expenses incurred prior to the time of such payment.
Sanctions
INSURER(S) shall not be deemed to provide cover and no INSURER shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose that INSURER(S) to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union United Kingdom or United States of America.
Several Liability
The subscribing INSURER(S)’ obligations under Policies to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions.
The subscribing INSURER(S) are not responsible for the subscription of any co-subscribing INSURER who for any reason does not satisfy all or part of its obligations.
The proportion of liability under this contract underwritten by a company (or in the case of a Lloyd’s syndicate the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.
In the case of a Lloyd’s syndicate each member of the syndicate (rather than the syndicate itself) is a company.
Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together).
The liability of each member of the syndicate is several and not joint with other members.
A member is liable only for that members’ proportion. A member is not jointly liable for any other members’ proportion. Nor is any member otherwise responsible for any liability of any other INSURER that may underwrite this contract.
Although reference is made at various points in this clause to "this contract" in the singular where the circumstances so require this should be read as a reference to contracts in the plural.
These Exclusions apply in addition to other Exclusion in this Section and the General Exclusions The INSURER will not be liable for:
Excluded Locations
Liability arising in connection with work on or in:
Defective Goods
The costs or expenses incurred in recalling repairing reconditioning replacing or testing any PRODUCT or of rectifying defective workmanship or the replacement cost of any PRODUCT or the cost of making any refund in respect of any PRODUCT.
Liability Under Contract or Agreement
Liability assumed under any contract or agreement where such liability would not have arisen in the absence of such contract or agreement other than as set out in Extension 1 (if such Extension is operative).
Faulty Design
Liability arising out of advice design formula plan or specification given separately for a fee or other remuneration by the INSURED or anyone on the INSURED(S)’ behalf.
Fines or Penalties
Fines penalties punitive exemplary aggravated liquidated or multiple damages.
Electromagnetic Field
Liability arising out of or contributed to directly or indirectly by exposure to magnetic electric or electromagnetic fields or radiation however caused.
Injury to Employees
liability for INJURY to any EMPLOYEE where such INJURY arises out of and in the course of employment by the INSURED.
Property In Insured(s)' Custody
Liability for or arising out of loss of or damage to material property in the custody or control of and/or owned by the INSURED or any EMPLOYEE other than;
Pollution
Liability in respect of POLLUTION or CONTAMINATION including the cost of removing nullifying or cleaning up POLLUTING or CONTAMINATING or SEEPING SUBSTANCES or REMEDIATION unless directly caused by a sudden identifiable unintended and unexpected occurrence which takes place in its entirety at a specific time and place during the Period of Insurance provided that:
But in no event shall this Policy cover any liability in respect of POLLUTION or CONTAMINATION including the cost of removing nullifying or cleaning up POLLUTING or CONTAMINATING or SEEPING SUBSTANCES or REMEDIATION in the United States of America and/or Canada and/or their possessions or protectorates.
Biological or Chemical Material
Loss or Damage costs or expenses of whatsoever nature directly or indirectly caused by resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous BIOLOGICAL OR CHEMICAL MATERIALS regardless of any other cause or event contributing concurrently or in any other sequence thereto.
Offshore
Liability arising out of any work undertaken and/or travelling to or any visit to OFFSHORE rig platform or other similar OFFSHORE installation.
Cyber Liabilities
INJURY loss or damage associated with or caused by a SYSTEM FAILURE if a SYSTEM FAILURE forms an identifiable element in the chain of events from which the liability arises whether or not it is the proximate cause of the liability or;
Liability arising directly or indirectly from the use or misuse of the Intranet Extranet and/or caused via the INSURED(S)’ own website or internet site or web address and/or via the transmission of mail plans designs photographs or other documents by electronic means.
Vehicles and Craft
Liability arising in connection with:
Provided that this Exclusion shall not apply to liability in respect of such vehicles in the INSURED(S) and/or their EMPLOYEES care custody or control for the purpose of guarding such vehicles.
Property Damage Excess
The amount of the EXCESS specified in the Schedule in respect of each and every claim for loss of or damage to property.
Aerospace Products
Liability arising from PRODUCTS known to be for use in or control of craft intended to travel through air or space or other aerospatial devices.
North America
Liability arising from any PRODUCT known by the INSURED to be for use in or supply to the United States of America and/or Canada and/or their possessions or protectorates.
Deliberate Acts
Liability arising out of deliberate acts wilful default or neglect by the INSURED any DIRECTOR, PARTNER or EMPLOYEE of the INSURED other than as set out in Extension 1 (if such Extension is operative) and Extension 2 (if such Extension is operative).
Fraud, Dishonesty or Embezzlement
Liability arising out of any act of theft fraud dishonesty or embezzlement by the INSURED any DIRECTOR, PARTNER or EMPLOYEE of the INSURED.
Digging or Excavating Below One Meter
liability caused by or arising out of digging or excavation below a depth of one metre.
Guard Dogs
Any liability arising from or caused by the use of guard dogs unless the INSURED complies with the provisions of the Guard Dogs Act 1975 and any amending legislation.
Inefficacy
Any liability arising from or out of INEFFICACY, other than as set out in Extension 1 (if such Extension is operative).
Products Inefficacy
Any liability arising from or out of PRODUCTS INEFFICACY other than as set out in Extension 2 (if such Extension is operative).
Wrongful Arrest
Any liability arising from or out of WRONGFUL ARREST, other than as set out in Extension 3 (if such Extension is operative).
Loss of Keys
Any liability for or arising from or out of loss of KEYS other than as set out in Extension 4 (if such extension is operative).
Money
Loss of or damage to MONEY belonging to customers of the INSURED other than MONEY stored in the premises of the INSURED(S)’ customers.
Asbestos
The INSURER will not indemnify the INSURED in respect of any liability arising from the manufacture mining processing distribution testing REMEDIATION removal storage disposal sale use or exposure to ASBESTOS or materials or products containing ASBESTOS whether or not there is another cause of loss which may have contributed concurrently or in consequence of a loss.
Hazardous Building Component Material
The INSURER shall not indemnify the INSURED under this Section in respect of INJURY loss damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any component building material that must be removed encapsulated or otherwise abated because its presence or release is a hazard to human health.
Fungus, Mould and Mildew
The INSURER shall not indemnify the INSURED under this Section against:
Terrorism
Any liability directly or indirectly occasioned by happening through arising out of resulting from or in connection with an act of TERRORISM.
Also excluding legal liability directly or indirectly occasioned by happening through in consequence of arising out of resulting from or in connection with any action taken in controlling preventing suppressing or in any way relating to any act of TERRORISM.
Nuclear Risks
Loss or destruction of or damage to any material property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.
Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
This General Exclusion does not apply to the Employers’ Liability Section
War Risks
Any contingency occasioned by or happening through or in consequence of war invasion acts of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power martial law confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority.
Pressure Waves
Loss destruction or damage occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed
