2024-12-31-accounts - The Great Cross Trust

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The Great Cross Trust Minutes of the Annual Meeting held November 21" 2024 at The Buff Club, Grasmere Present: D Dodgson, E Footit, D Dixon, S Dixon, S Hardesty, P Hetherington. Sarah and Paul were welcomed as new trusiees. GSCGrays D Lund from GSCGrays gave her annual summary. Rents were up to date. All safety inspections had either been carried out or had been commlssioned. Rents had remained static for several years and she recommended we rnove nearer to market t rates. She had received a quote for the renewal of insurance which was 10% higher than the previous year. We are now responsible for the safety of chimneys and she prosed commissioning a visit from a sweep later in the year.. We should bear in mind that insulation in some properties may need to be upgraded in the future but rules have not yet been finalised. She also wished us to accept GSGGrays terms of engagement. Financial Report. Finances are in good shape. We have finally got the accounts we need from Barclays. We currently have £115,234 in the bank. This is lower than last year but when transfer to investment ls taken into account we are in surplus for the year. The investment continues to grow satisfactorily and is currently valued at £175,406. Some discussion took place as to how to use the funds. It was agreed that we investigate the possibility of one or two Iwngalows on the existing site. SH to enquire how we last financed such work. Ddixon to set up online access. Officers. DD and EF to continue in their administrative roles. SH agreed to chair the next annual meeting. Rent Increases It was agreed that we increase rents by 15% in January and again the following January. Property Maintenance. Bathroom doors to be fitted to 5 and 6. Ongoing problems with water, possibly condensation, in chimney on 7. It was agreed to consult Neil Beatty re this problem. It was also agreed to fit dr canopies to Nos 1 and 2. EF to enquire to Deborah. We are still waiting for gatepost from J Ellwood. It was agreed that EF approach S Stalker to see if he could supply. Signage for GC and CC This has been replaced in its correct position. Tennant Issue 3 Chance Cottages This is an ongoing issue but there has been some improvement. The situation will be monitored. Other Busine55 The insurance quote was accepted. We agreed wth GSCGrays terms of engagement. This will result in an increase of their fees to 12% of rents coLLected. EF will write to the Buffs to thank them for the use of their premises. Ileeting closed at 18.45

Policy wording

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Management Liability for UK charities, clubs and associations

January 2018

September 2021

Welcome to AXA	3
Your policy	3
rradar advisory service and important phone numbers	4
Policy conditions	8
Policy exclusions	12
Policy extensions	13
Sections of cover
Trustees’ liability section	14
Employment practices liability section	19
Charity, clubs and associations legal liability section	23
Meanings of defined terms	30
Making a complaint	39

2 Defined terms are highlighted in bold blue see page 30 for their meanings

Welcome to AXA

Thank you for choosing AXA

Please read carefully all documents that we have provided and keep them in a safe place. If you have any questions, need anything explaining or believe this contract does not meet your needs, please contact us or your insurance adviser.

Your policy

Under the heading ‘What is covered’ we give information on the insurance provided. This must be read with ‘What is not covered’, the Policy exclusions, the Policy conditions and the Section conditions at all times.

Under the heading ‘What is not covered’ we draw your attention to what is excluded from your policy .

This policy is a contract of insurance between you and us and you have a duty to make a fair presentation to us in accordance with the law.

The policy describes the insurance cover for which we have accepted your premium.

This insurance is renewable provided that we agree to accept your premium for any subsequent period of insurance . A new schedule will be issued for each period of insurance showing any changes to your cover.

Your policy booklet is divided into a number of sections and must be read together with your schedule and any endorsements. Where a section does not apply, your schedule will state that it is ‘not covered’.

Throughout this policy , we use definitions and headings. Definitions are used to explain what a word means and are highlighted in bold blue print. Details of the Policy definitions can be found on page 30.

Headings have been used for your guidance and do not form part of the contract.

To help you understand the cover provided we have added ‘What is covered’ and ‘What is not covered’.

Legal and regulatory advice and services included in your policy from rradar

Important information

Legal Advice Line service: Mon to Fri, 8am – 6pm (excluding public holidays) Telephone: 0800 955 6111 Email: contactus@rradar.com 24/7 Out of hours crisis line: 0800 955 6222 rradar account dashboard: my.rradar.com rradar website: www.rradar.com

(policyholders can log in to their rradar account from the website)

Please have your policy number and policy schedule available when you get in touch.

Legal regulatory and risk management advice included in your policy

rradar is a specialist litigation and commercial law firm that uses legal expertise and digital tools to proactively manage, advise and deliver business solutions to reduce business risk. Your policy gives you access to a wide range of business support and legal services from rradar .

By combining professional legal representation and specialist advisory services, rradar’s team can answer your questions, educate your business, and assist with many legal and regulatory issues which you could face, including concerns regarding:

Human resources and employment
Health and safety and environmental regulations
Business related crime and regulation
Tax
Corporate governance
Directors duties
Commercial contracts
Data protection and information law -
Road traffic law

4 Defined terms are highlighted in bold blue see page 30 for their meanings

Legal and regulatory advice and services included in your policy from rradar continued

How to access rradar’s advisory services

Your insurance broker will send your policy details to rradar to be registered, this will include your email address.

When registered, you will receive an email from rradar requesting that you activate your rradar account by setting a password.

Once activated, you can access the my.rradar dashboard and launch all the digital tools and resources included under your policy .

If you have not received an activation email from rradar or you are unsure your policy has been registered by your insurance broker, please check by emailing contactus@rradar.com including your policy schedule or by calling 0800 955 6111 .

Legal advisory services under your policy

To access the digital tools under your policy please log in to my.rradar.com

rradarstation

Policyholders have unlimited 24/7 access to rradarstation , an online self-service website that provides policyholders with expert advice articles, answers to common legal questions, downloadable document and letter templates, checklists, videos and webinars.

Advice topics include employment and HR processes and procedures, business related crime and regulation, GDPR and data protection, health and safety information, tax and commercial and corporate guidance.

All written in straightforward everyday language, verified by rradar’s legal teams, and designed to help manage and minimise legal risks. Policyholders can give unlimited numbers of users across their organisation permission to access and use this digital platform.

Within rradarstation sits rradargrace , the virtual legal assistant that provides answers to common legal questions, and can bring forward relevant templates and guidance from the resources within the rradarstation website. rradargrace can also connect users to an expert advisor if further detailed advice or support is required.

rradargrace

Available to download from the App store or Google Play Store.

rradargrace is also accessible as a mobile app, or you can talk directly to it from your web browser. Use your rradar account details to log on and get legal support on the go. Policyholders can give unlimited numbers of users across their organisation permission to access and use this digital tool.

rradargrace gives you quick and convenient access, provides answers to common legal questions and FAQ information and links to rradarstation website resources, all delivered to your smartphone or other device, wherever you are, whenever you need them.

Legal and regulatory advice and services included in your policy from rradar continued

rradarreport

Available to download from the App Store or Google Play Store.

rradarreport is the digital platform for recording major, minor and near miss incidents in your workplace and designed to help businesses document, manage and respond to health and safety risks across their organisation.

Policyholders and unlimited numbers of users across their organisation, with the appropriate level of permission, can access the 24/7 online system to view and accurately and quickly input the full circumstances of an incident, whether it is a near miss, a minor incident, or major incident that is reportable under RIDDOR.

Following the creation of a RIDDOR reportable/major incident record, the primary user, a person with RIDDOR responsibilities for your organisation, will be contacted by rradar’s health and safety legal team who will advise on the major/reportable incident.

Incident information inputted into the system will provide graphical and statistical reports for incident trend analysis and help you spot health and safety spikes, allowing managers to take appropriate actions and limit future incidents occurring.

rradarrisk

Access to rradarrisk is via the Risk Analysis Tool tab on the my.rradar dashboard.

rradarrisk is an integrated analytics tool that creates a unique profile of your business, helps to highlight potential risks you could be exposed to, and includes easy to read risk level indicator charts and offers next step guidance to help you mitigate your risks before they become a problem.

Legal Advice Line service

Tel: 0800 955 6111 , Email: contactus@rradar.com 8am – 6pm Mon – Fri (excluding public holidays)

Policyholders can contact rradar’s team of highly experienced specialist lawyers and advisors for proactive advice and next step guidance across a wide range of legal, business and operational sectors. These include guidance on issues relating to HR and employment, GDPR and data protection, Tax, Health and safety, business crime and regulation, corporate governance and more.

There is no limit to the number of times you can contact the Legal Advice Line service, neither is there a limit to the time it takes for the team to support you , so provided the advice is within the scope of the Legal Advice Line service, there are no billable charges. Discussions and advice provided by the Legal Advice Line service are legally privileged meaning they are protected and confidential.

For services that fall outside the scope of the Legal Advice Line service, rradar will agree a clear fixed fee in advance. These services could include a detailed review of legal documents or the preparation of letters or emails to a third party or the drafting or production of documents.

6 Defined terms are highlighted in bold blue see page 30 for their meanings

Legal and regulatory advice and services included in your policy from rradar continued

Out of hours Legal Crisis Line:

Tel: 0800 955 6222 – available evenings, weekends and public holidays

If a business related crime or emergency occurs, policyholders can call the 24/7 Legal Crisis Line and speak directly to a specialist lawyer who will advise on how to best work with the police, Health and Safety Executive and all other investigation and regulatory bodies.

Crisis PR line:

Tel: 0800 955 6111 between 8am – 6pm, Mon - Fri and via the out of hours Legal Crisis Line telephone: 0800 955 6222 for critical PR support in difficult and challenging situations.

Legal representation for claims and investigations

Included in your policy is access to rradar’s specialist legal teams and, cover permitting, this includes full legal representation for claims and investigations as the policy defines them.

Keeping you up to date

rradar can provide policyholders with regular updates on new digital tools, legal and regulatory blogs, regular email newsletters, webinar invites and more.

Making a claim

Please check your schedule of insurance and full policy wording on the cover, sums insured, limits, excesses, warranties, conditions, exclusions and extensions of cover purchased by your business. If you are unsure of any aspect of cover please contact your insurance broker in the first instance.

Making a complaint

If you are not happy with the way in which a claim or any other matter has been dealt with, please follow the instructions within the “Making a complaint” page within the policy .

If notifying a claim, you or your insurance broker should email full details of the claim to: claims@rradar.com

rradar Limited is a licensed body authorised and regulated by the Solicitors Regulation Authority (“SRA”) under licence number 608114. The regulations of the SRA, which is the regulatory body for solicitors in England and Wales, can be found at www.sra.org.uk. rradar (Scotland) Limited is a multi-national practice recognised and regulated by the Law Society of Scotland (“LSS”) under registration number 50480. The regulations of the LSS, which is the representative and regulatory body for regulated firms, for Scottish qualified solicitors, and for other regulated individuals, can be found at www.lawscot.org.uk.

Policy conditions

You must comply with the following conditions to have the full protection of your policy . If you do not comply then we may at our option take one or more of the following actions:

1 Cancel your policy
2 Declare your policy void (treating it as if it had never existed)
3 Change the terms of your policy
4 Refuse to deal with all or part of any claim or reduce the amount of claim payments.

If you are unsure about any of these conditions or whether you need to notify us about any matter, please contact us .

Arbitration condition

If we agree to pay your claim and you disagree with the amount to be paid it may be referred to an arbitrator who is jointly appointed. Alternatively, depending on the size of your business, you may be able to refer your case to the Financial Ombudsman Service (FOS). In either case this will not affect your right to take legal action against us over this disagreement.

Cancellation condition

You may cancel your policy within 14 days of receiving your policy for the first period of insurance if for any reason you are dissatisfied or the policy does not meet your requirements.

Claims conditions

You and/or any insured person must reimburse us for any defence costs paid where it is later determined that there is no cover under this policy .

If a claim is made which is not completely covered by any section of this policy , we will do our best to agree with you or any insured person a fair allocation between loss (as defined in each section of the policy ) that is covered and loss (as defined within each section of the policy ) not covered by this policy .

Claims notification condition

You must:

1 as soon as possible within the period of insurance or where this is not possible, at the latest within 30 days after it expires
a give us , and the crisis public relations consultants where appropriate, notice of any claim under this policy , in accordance with the terms of each section
b give us , and the crisis public relations consultants where appropriate, all the information we request
2 immediately
a on receipt send us every letter, court order, summons or other legal documents served upon you
b tell us about any investigation , prosecution, inquest or fatal accident inquiry or dispute for referral to adjudication or court proceedings in connection with any potential claim , in accordance with the terms of each section

8 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy conditions continued

c unless agreed with us in writing, notify the police of any fraudulent or criminal activity upon discovery.

If you do not comply with this condition we have the right to refuse to pay your claim .

Claims procedures condition

1 You must take, or allow others to take, practical steps to minimise any claim .
2 At your expense you must provide us with
a full details in writing and any further information we may reasonably require
b any assistance to enable us to settle or defend a claim
c details of any other relevant insurances.
3 Full details of your claim must be provided to rradar . Unless otherwise agreed in writing by us rradar will handle your claim . You must not appoint other legal representation without our prior approval. Any costs incurred without our approval will not be met. Where we agree to your legal representation, other than rradar , the maximum following hourly rates shall apply:

Partner (at least 10 years post qualification experience) – £185 per hour, Associate (at least 5 years post qualification experience) – £150 per hour, Solicitor (under 5 years post qualification experience) – £115 per hour, Paralegal – £90 per hour.

Where a claim is made against you and/or more than one insured person , unless there is a conflict of interest, the same legal representative should be used. If it is not possible to obtain our consent before incurring defence costs, we will agree to this providing our agreement is obtained within 14 days.

4 You must not accept, negotiate, pay, settle, admit or reject any claim without our prior written consent.
5 We have the right to fully participate in the defence of any claim including the negotiation of any settlement. We will also have the right to defend any claim made against you .
6 Where it is assessed by us and your legal representation that you have a greater than 60% prospect of success, you shall have the right to defend any claim made against you or any insured person .

If you do not comply with this condition we have the right to refuse to pay your claim .

Fair presentation of risk condition

You have a duty to make a fair presentation of the risk you wish to insure. This applies prior to the start of your policy and prior to each renewal. If you do not comply with this condition then

1 If failure to make a fair presentation of the risk is deliberate or reckless we can elect to make your policy void and keep the premium. This means treating the policy as if it had not existed and that we will not return your premiums, or

Policy conditions continued

2 If the failure to make a fair presentation of the risk is not deliberate or reckless and we would not have provided cover had you made a fair presentation, then we can elect to make your policy void and return your premiums, or
3 If the failure to make a fair presentation of the risk is not deliberate or reckless and we would have issued cover on different terms had you made a fair presentation of the risk we can:
a reduce proportionally any amount paid or payable in respect of any claim under your policy using the following formula. We will divide the premium actually charged by the premium we would have charged had you made a fair presentation and calculate this as a percentage. The same percentage figure will be applied to the full amount of the claim to arrive at the proportion of the claim to be paid or payable; and/or
b treat your policy as if it had included the different terms (other than payment of premium) that we would have imposed had you made a fair presentation
4 Where we elect to apply one of the above then
b we will apply the formula calculated by reference to the premium that would have been charged to claims from the start of the policy or from the date of renewal
c we will treat your policy as having different terms imposed from the start of the policy or from the renewal

depending on when the failure to make a fair presentation occurs.

Fraud condition

If you or anyone acting for you :

1 knowingly makes an exaggerated claim under your policy
2 knowingly makes a false statement in support of a claim whether or not the claim itself is genuine or
3 knowingly submit a false or forged document in support of a claim whether or not the claim itself is genuine,

we will:

a refuse to pay the claim
b declare your policy void from the date of the fraudulent act without any return of premiums.

We may also inform the police of the circumstances.

a if we elect to make your policy void, this will be from the start of the policy or from the date of renewal

10 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy conditions continued

Instalments condition

If you fail to pay a premium instalment to us on the due date, this will result in the Employment practices liability and Charity, clubs and associations legal liability sections being cancelled from the date the missed instalment was due. You will not be entitled to any return of premium where this happens.

If a claim has been made or there has been any circumstance during the current period of insurance the annual premium remains due in full.

Law applicable to this policy

You and we can choose the law which applies to this policy . We propose that the Law of England and Wales apply. Unless we and you agree otherwise, the Law of England and Wales will apply to this policy .

Notification of potential claims

You may give us notice of any circumstance which might lead to a claim under this policy giving reasons for the expectation and including full details of the people and dates involved.

Where we accept the circumstance any future claim and/or investigation shall be deemed to have been made in the period of insurance in which the circumstance was first made.

Sanctions Condition

This contract of insurance is subject to sanction, prohibition or restriction under United Nations resolutions. It is a condition of your policy that we will not provide cover, or pay any claim and/or investigation or provide any benefit under your policy to the extent that the provision of such cover, payment of such claim and/or investigation or provision of such benefit would expose us , or our parent, Subsidiary or any other AXA group member company to any trade or economic sanctions, or violate any laws or regulations of the United Kingdom, the European Union, the United States of America or any other territory.

Subrogation (our rights) condition

We will be entitled to undertake in your name or on your behalf steps to enforce rights against any other party before or after payment is made by us .

Third party rights condition

The rights of this contract will not be enforceable by any party other than you or us because of the Contract (Rights of Third Parties) Act 1999.

Policy exclusions

Your policy is subject to exclusions and these tell you what is not covered.

The Policy exclusions are set out below and apply to your policy as a whole. There are also specific exclusions under each section of cover under the heading ‘What is not covered’.

Bodily injury or property damage exclusion

We will not cover any claim , loss (as defined in each section of the policy ) or investigation :

1 for psychological or emotional distress other than an employment practice claim
2 for sickness, disease, bodily injury or death other than a safety legislation claim or manslaughter claim
3 for the loss, damage or destruction of any tangible property, electronic systems or data including loss of use of that property

unless arising directly from your breach of a duty of care for advice provided. Cover shall apply solely in excess of any other insurance policy available to you or any insured person .

Defined benefit pension schemes exclusion

We will not cover any claim , loss (as defined in each section of the policy ) or investigation caused by:

1 an insured person’s operation or administration of any defined benefit pension scheme
2 an insured person’s breach of any legislation or regulation relating to any defined benefit pension scheme.

Excess exclusion

We will not pay the excess detailed in your policy schedule (under each section of cover).

Prior claims, investigations and circumstances exclusion

We will not cover any loss (as defined in each section of the policy ) or investigation caused by any claim , investigation or circumstance which you were aware of before the start of the period of insurance .

Prior litigation exclusion

We will not cover any claim , loss (as defined in each section of the policy ) or investigation caused by any previous or known litigation or proceedings (including allegations from the same or essentially the same facts) involving an insured person , you or an outside company started before the date of your first purchase of Trustees liability insurance.

Takeovers and mergers exclusion

We will not cover any loss (as defined in each section of the policy ) or investigation caused by any claim for a wrongful act after you merge or consolidate with another charity, club or association.

12 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy extensions

Extended claims notification period cover

Your schedule will show if you have this cover.

If we or you refuse to renew the policy for any reason other than non payment of premium or insolvency, you may purchase an extended claims notification period of 12 months upon payment of 50% of the full policy annual premium.

This extended notification period is only available if:

1 we receive your written notice of purchase within 30 days following the end of the period of insurance ; and
2 the policy is not replaced by any other policy; and
3 at the end of the period of insurance , you have not merged with another charity, club or association.
b give us all the information we request
2 immediately
a on receipt send us every letter, court order, summons or other legal documents served upon you
b tell us about any investigation , prosecution, inquest or fatal accident inquiry or dispute for referral to adjudication or court proceedings in connection with any potential claim , in accordance with the terms of each section
c notify the police of any fraudulent or criminal activity upon discovery.

If you do not comply with this condition we have the right to refuse to pay your claim . We will not refund any premium to you if you cancel the extended notification period before it ends.

If we offer renewal terms, conditions, limits of liability or premiums that are different from those of the expiring policy , this does not mean a refusal to renew.

Condition of the cover

Where you have taken this cover the policy Claims notification condition on page 8, is deleted and replaced with the following:

You must:

1 as soon as possible within the extended notification period
a give us notice of any claim under this policy , in accordance with the terms of each section

Trustees’ liability section

Contents of this section

Contents of this section
Meanings of defined terms	14
Limit of cover	14
What is covered	14
Optional section extension
of cover	17
What is not covered	17
Section conditions	18

Your schedule will show if this section is covered.

Meanings of defined terms

You can find the meanings for words in bold blue on page 30. There are some words that may only appear in this section or are defined differently. You can find the meanings to the defined terms for this section on page 35.

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

✓ What is covered

Additional limit for non-indemnifiable loss

Where the limit of liability has been exhausted, the limit of liability shall be increased by £100,000 per claim and/or investigation for each insured person provided that such limit shall be excess of:

1 any other available insurance
2 any other available indemnity.

Bail costs cover

We will pay on behalf of any insured person bail costs caused by a claim for a wrongful act .

Brexit cover

We will pay for any insured person’s loss caused by a claim for a wrongful act in connection with the withdrawal of the United Kingdom from the European Union.

14 Defined terms are highlighted in bold blue see page 30 for their meanings

Trustees’ liability section continued

Circumstance investigation cover

We will pay the costs of rradar legal in the investigation of any circumstance reported to us during the period of insurance including the steps that might be appropriate to avert or reduce the potential of a claim .

The most we will pay for all circumstance investigation claims in any one period of insurance is £50,000.

Claims against an insured person cover

We will pay the loss incurred by any insured person caused by a claim for a wrongful act .

Company reimbursement cover

We will pay for the loss which you are legally allowed to pay on behalf of an insured person caused by a claim for a wrongful act .

Compensation for court attendance cover

We will pay you at the rate of £250 per day for each insured person and any accompanying husband, wife, civil or unmarried partner provided such insured person’s attendance is needed in court in connection with any claim or investigation.

Crisis public relations costs cover

We will pay crisis public relations costs for any insured person caused by a claim for a wrongful act .

Deprivation of assets cover

We shall pay the loss of any insured person for deprivation of asset expenses .

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all deprivation of asset claims in any one period of insurance .

Directors’/trustees’ personal tax cover

We will pay the defence costs of any director or trustee in a personal tax investigation where rradar have assessed that such defence costs will prevent or mitigate a claim against you or an insured person .

The most we will pay under this cover is £25,000 for any one claim . This is also the most we will pay for all personal tax investigation claims in any one period of insurance . Defence costs are solely restricted to the costs of rradar .

Employment practice claims cover

We will pay for the loss caused by an employment practice claim during the period of insurance brought by a current, former or potential employed person .

This cover does not apply if the insured person is covered under the Employment practices liability section of this policy .

Extradition proceedings cover

We will pay, for any insured person , the loss caused by any extradition proceedings against any insured person during the period of insurance caused by a claim for any wrongful act .

Trustees’ liability section continued

Insolvency hearing costs cover

We will pay the insolvency hearing costs of any insured person .

The most we will pay under this cover is £25,000 any one claim . This is also the most we will pay for all insolvency hearing costs claims in any one period of insurance .

Investigation costs cover

We will pay the investigation costs caused by an investigation first notified as being required during the period of insurance .

Manslaughter claims cover

We will pay for the defence costs which you are legally allowed to pay on behalf of an insured person caused by a manslaughter claim against an insured person for a wrongful act .

Outside company cover

We will pay for the loss incurred by any insured person for any wrongful act within the policy territories carried out in their role as a trustee, director or officer of an outside company .

Provided that the insured person acts in that role at your written request and the claim does not arise from a wrongful act carried out after the insured person stopped acting in this role. We will only pay after any cover provided by the outside company to its trustees, directors or officers and any other insurance available to its trustees, directors and officers has been used.

Pension/employee benefit schemes cover

We will pay for the loss caused by a claim for a wrongful act in connection with an insured person’s operation or administration of any of your pension schemes (other than a defined benefit scheme), employee benefit schemes or trust funds.

Personal charity/Not for profit association cover

We will pay for the loss incurred by any insured person for any wrongful act within the policy territories carried out in their role in a personal capacity as a director or officer of a charity or any not for profit organisation.

Pollution claims cover

We will pay for the loss arising from pollution caused by a claim for any wrongful act .

Retired trustees cover

In the event that this policy is not renewed or replaced with a similar policy, cover will continue for any insured person who voluntarily stops being a trustee before the date of non-renewal for reasons other than:

1 disqualification from holding such a position; or
2 a take-over or merger,

for an unlimited period from the date of non renewal (the “run-off period”), provided that:

a cover will only apply to claims caused by any wrongful act carried out or alleged before the date of retirement of the insured person

16 Defined terms are highlighted in bold blue see page 30 for their meanings

Trustees’ liability section continued

b the run-off period will run at the same time as any extended notification period
c no similar insurance is in place elsewhere.

Safety legislation claims cover

We will pay for the defence costs which you are legally allowed to pay on behalf of an insured person caused by a safety legislation claim (or similar legislation in any other jurisdiction) against an insured person for a wrongful act .

Tax cover

If you become insolvent, this section will extend to pay for any claim against an insured person alleging a wrongful act relating to your unpaid tax liability within the policy territories .

Optional section extension of cover

Takeovers and mergers extension of cover

Your policy schedule will show if you have this cover.

If during the period of insurance you merge with another charity, club or association you may on payment of an additional premium, of 200% of the annual policy premium, request that this section continue in force for a period of 72 months from the expiry date of the current period of insurance .

This extension only applies to claims caused by any wrongful act carried out or alleged before the date of the takeover or merger.

✘ What is not covered

Deliberate or dishonest acts exclusion

We will not cover any claim , loss or investigation caused by:

1 a dishonest or fraudulent act or omission or any intentional breach of any statute or regulation carried out by any insured person
2 an act by any insured person intended to obtain or which does obtain a personal profit or advantage which was not legally theirs
3 an act intended to obtain or which does obtain a profit for any company other than you where an insured person is a director, officer or employee of that company.

This exclusion will only apply after a court ruling or an admission by an insured person that such an act did take place.

Related party claims in the United States of America exclusion

We will not cover any claim , loss or investigation caused by any claim brought by you , an outside company or an insured person within or subject to the laws of the United States of America.

This exclusion will not apply to:

1 defence costs
2 any shareholder derivative proceedings in your name without your or any insured person’s solicitation, assistance or participation
3 any claim brought by your liquidator, receiver or administrative receiver or similar body

Trustees’ liability section continued

4 any employment practices claim
5 any claim made by a previously insured person of yours
6 any claim seeking a contribution or indemnity if that claim would be covered by this section if made against an insured person .

Specific United States of America legislation exclusion

We will not cover any claim , loss or investigation caused by the following legislation in the United States of America:

1 any breach of the Racketeer Influenced and Corrupt Organizations Act 18 USC Sections 1961 et seq., any amendments to this Act or any rules or regulations made under it
2 any breach of the Securities Act of 1933 or the Securities Exchange Act of 1934, both as amended, the rules or regulations of the Securities Exchange Commission under either or both Acts, similar securities laws or regulations of any state, or any laws of any state relating to any transaction caused by, involving or relating to the sale of securities
3 any breach of the Employment Retirement Income Security Act of 1974 as amended, or any rules or regulations made under it, or similar provisions of any federal, state or local law.

Section conditions

The Policy conditions all apply equally to each insured person and to you other than:

Fair presentation of risk condition

The policy condition, Fair presentation of risk condition on page 9 will only apply under this section to an insured person who had knowledge of a misstatement or omission before the period of insurance that could affect the terms and/or conditions of this policy .

In these circumstances we waive our right to cancel the policy on the grounds of non-disclosure, fair presentation of risk or fraud.

Severability condition

All information which any insured person provided before we agreed to insure you will be considered as a separate application for each insured person .

The knowledge of or any statement made by any insured person will not be applied to any other insured person for the purposes of deciding whether cover is available for any claim .

Only statements made (whether in the Proposal or otherwise) and information possessed by any Trustee, Finance Director, Chief Executive, Human Resources Director, Managing Director or Chairman of you or any other person authorised by you to make statements on behalf of you shall be attributed to you in determining whether cover applies under your policy .

18 Defined terms are highlighted in bold blue see page 30 for their meanings

Employment practices liability section

Contents of this section

Contents of this section
Meanings of defined terms	19
Limit of cover	19
What is covered	19
What is not covered	20
Section conditions	22

Your schedule will show if this section is covered.

Meanings of defined terms

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

✓ What is covered

Claims by employees cover

We will pay for your or any insured person’s loss caused by a claim by an employed person alleging an employment practice wrongful act .

The excess will not apply to any claim brought only against an insured person .

Claims by others cover

We will pay for your or any insured person’s loss caused by a claim by anyone other than an employed person alleging an employment practice wrongful act .

Compensation for court attendance cover

Employment practices liability section continued

Investigation costs cover

We will pay for your or any insured person’s investigation costs caused by an investigation first notified as being required during the period of insurance .

The excess will not apply to any investigation that only involves an insured person .

Outside company cover

We will pay for the loss incurred by any insured person for any employment practice wrongful act carried out by an insured person in their role as an employed person of an outside company .

As long as the insured person acts in that role at your written request and the claim does not arise from a wrongful act carried out after the insured person stopped acting in this role.

We will only pay after any cover provided by the outside company to its trustees, directors or officers and any other insurance available to its trustees, directors and officers has been used.

✘ What is not covered

Claims outside of the United Kingdom exclusion

We will not cover any claim , loss or investigation caused by any Employment practice claim outside of the United Kingdom.

Collective bargaining agreements exclusion

We will not cover any claim caused by your failure to act in accordance with any collective bargaining agreement other than:

1 allegations of retaliatory treatment
2 defence costs and/or investigation costs .

Contractual payments exclusion

We will not cover any claim caused by your failure to pay any amount you must pay under contract to an employed person .

This includes but is not limited to:

1 payments for notice periods (contractual or statutory); or
2 any breach of any minimum wage requirements.

This exclusion does not apply to defence costs and/or investigation costs .

Deliberate and dishonest acts exclusion

We will not cover any deliberate breach of employment regulation, deliberately not following the advice provided by the employment helpline or other solicitor/ human resources advisor, or any other dishonest or fraudulent act carried out by you or any insured person .

Legal requirements exclusion

We will not cover any claim , loss or investigation caused by your legal duties in relation to your :

1 health and safety requirements
2 payment of unemployment benefits
3 payment of social security benefits

20 Defined terms are highlighted in bold blue see page 30 for their meanings

Employment practices liability section continued

4 payment of retirement benefits
5 payment of disability benefits.

This exclusion does not apply to defence costs for any claim caused by retaliatory treatment .

Non-compensatory payments exclusion

We will not cover any claim , loss or investigation caused by:

1 the failure to pay for anyone else’s liability which you must legally take on under any contract or agreement. This does not apply to any claim that would have happened without such contract or agreement
2 any non-financial order
3 any amount for the costs of agreeing or refusing to agree with a court or other order for the reinstatement of an employed person other than basic salary from the original date of dismissal to the date of court or other order.

This exclusion does not apply to defence costs and/or investigation costs .

Pension rights exclusion

We will not cover any claim caused by:

1 any employed person’s loss of any right or benefit under any pension scheme, private health insurance or other employee benefit scheme
2 the operation or administration of any pension or employee benefit scheme or trust fund
3 your breach of any legislation or regulation related to these activities.

This exclusion does not apply to defence costs and/or investigation costs .

Protective award exclusion

We will not cover any loss caused by any claim related to your failure to comply with the duty to consult requirements related to a redundancy situation under Sections 188 to 192 Trade Union and Labour Relations (Consolidation) Act 1992. This exclusion does not apply to defence costs .

Tax exclusion

We will not cover any claim caused by your failure to pay taxes. This exclusion does not apply to defence costs and/or investigation costs .

Trade Union membership exclusion

We will not cover any claim caused by membership or non-membership of any trade union or similar organisation other than:

1 allegations of retaliatory treatment
2 defence costs and/or investigation costs .

Transfer of Undertakings Exclusion

We will not cover any loss caused by any claim :

1 Brought against you under the Transfer of Undertakings (Protection of Employment) Regulations 2006:
2 Brought against a third party but which you could be liable for under the Transfer of Undertakings (Protection of Employment) Regulations 2006:
3 For an Employment practice wrongful act which occurred prior to a TUPE transfer of an employed person to you .

This exclusion does not apply to defence costs .

Employment practices liability section continued

Section conditions

The Policy conditions all apply equally to each insured person and to you other than:

Fair presentation of risk condition

The policy condition, Fair presentation of risk condition shown on page 9 will only apply under this section to an insured person who had knowledge of a misstatement or omission before the period of insurance that could affect the terms and/or conditions of this policy .

Severability condition

All information which any insured person provided before we agreed to insure you will be considered as a separate application for each insured person .

The knowledge of or any statement made by any insured person will not be applied to any other insured person for the purposes of deciding whether cover is available for any claim .

With respect to any claim made against you . Only statements made (whether in the Proposal or otherwise) and information possessed by any Trustee, Finance Director, Chief Executive, Human Resources Director, Managing Director or Chairman of you or any other person authorised to make statements on behalf of you shall be attributed to you in determining whether cover applies under your policy .

22 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section

Contents of this section
Meanings of defined terms	23
Limit of cover	23
What is covered	23
Section extensions	26
What is not covered	28
Section condition	29

Your schedule will show if this section is covered.

Meanings of defined terms

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

Each claim will be treated as made when we receive written notice of the claim . Investigation costs will be treated as made when your or an insured person’s attendance is notified as being required.

✓ What is covered

Breach of data protection cover

We will pay for your loss following a breach of data protection law.

Brexit cover

We will pay your loss caused by a claim for any wrongful act in connection with the withdrawal of the United Kingdom from the European Union.

Civil liability and professional negligence cover

We will pay for your loss caused by any claim made against you for any actual or alleged civil liability or professional negligence.

Charity, clubs and associations legal liability section continued

Compensation for court attendance cover

Contractual liability cover

We will pay your defence costs caused by any contractual liability claim . The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all contractual liability claims in any one period of insurance .

Crisis public relations costs cover

We will pay crisis public relations costs caused by any claim made against you for a wrongful act .

Data protection breach cover

We will pay the costs of rradar legal in contacting your customers and suppliers as legally required following a data protection breach.

The most we will pay for this cover is £100,000 for any one claim .

Employee dishonesty cover

We will pay for your direct financial loss caused by the dishonesty of an employed person discovered during the period of insurance .

Provided that there was a clear intention to cause you financial loss or damage and for that person to obtain a financial gain other than salary, bonus or commission.

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all Employee dishonesty claims in any one period of insurance .

Identity fraud cover

We will pay for your loss resulting from identity fraud .

Investigation costs cover

Pre-investigation cover is available via rradar helpline page 4.

We will pay for your investigation costs caused by an investigation against you which you first notified as being required during the period of insurance .

Judicial review cover

We will pay for your loss caused by any claim and/or investigation made against you as a result of a judicial review (as defined in the civil procedure rules).

Loss of documents cover

We will pay the costs of replacing or restoring any document, data or information lost, damaged or destroyed whilst in your possession (save for where any document, data or information loss, destruction or damage is caused by a cyber act ) during the period of insurance .

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all loss of documents claims in any one period of insurance .

Manslaughter claims cover

We will pay for your defence costs caused by a manslaughter claim made against you for a wrongful act .

24 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

Mitigation of loss cover

We will pay your costs and expenses incurred with our written consent to take action to mitigate a loss or potential loss or claim .

The most we will pay under this cover is £50,000 for any one claim . This is also the most we will pay for all mitigation of loss claims in any one period of insurance .

Negative social media crisis public relations costs cover

We will pay crisis public relations costs necessary to mitigate the adverse effect or potentially adverse effect to your reputation following any sustained negative publicity in relation to your business activities or practices that is posted on any internet based platform or social media website.

The most we will pay for all negative social media public relations costs in any one period of insurance is £25,000.

for any one claim . This is also the most we will pay for all pollution clean up costs claims in any one period of insurance .

Pollution claims cover

We will pay for your defence costs caused by any claim made against you for a wrongful act in connection with pollution . The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all claims , made against you for a wrongful act in connection with pollution , in any one period of insurance .

Regulatory mitigation cover

We will pay your regulatory mitigation costs for any regulatory self reporting.

Safety legislation claims cover

We will pay for your defence costs caused by a safety legislation claim made against you for a wrongful act .

Tax cover

Other wrongful acts cover

We will pay for your loss caused by any claim made against you for a wrongful act .

Pension/employee benefit schemes cover

We will pay for your loss caused by any claim made against you for a wrongful act in connection with your operation or administration of any pension or employee benefit scheme or trust fund.

Pollution claims clean up costs cover

We will pay your loss for pollution clean up costs for any claim and/or investigation made against you . The most we will pay under this cover is £25,000

We will pay for your defence costs caused by a claim for breach of any tax law, act or regulations.

Tax investigation cover

We will pay your defence costs for any tax investigation .

Telephone fraud cover

We will pay your direct financial loss discovered during the period of insurance caused by telephone fraud . The most we will pay under this cover is £10,000. This is also the most we will pay for all telephone fraud claims in any one period of insurance .

Charity, clubs and associations legal liability section continued

Third party electronic funds transfer cover

We will pay for your direct financial loss caused by the dishonesty of any third party accessing your computer systems and transferring funds with the intention of obtaining an improper financial gain.

The most we will pay under this cover is £10,000 for any one claim . This is also the most we will pay for all third party electronic fund transfer claims in any one period of insurance .

Third party fraud or forgery cover

We will pay your direct financial loss discovered during the period of insurance caused by third party fraud or forgery .

The most we will pay under this cover is £10,000. This is also the most we will pay for all third party fraud or forgery claims in any one period of insurance .

Section extensions

Legal pursuit extension

This extension attaches to and forms part of your policy and is subject to the policy conditions, exclusions and defined terms:

The cover

Aggregate limit of liability: £25,000 unless otherwise stated excess: £2,500 each and every claim

We will provide cover up to the aggregate limit of liability in any one period of insurance and subject to the excess stated provided that:

1 the date of occurrence happens during the period of insurance and occurs within the policy territories in connection to your business;
2 any legal proceedings will be dealt with by a court, or other body which we agree to, in the policy territories; and
3 all cover provided by this Legal pursuit extension relates solely to costs incurred by rradar legal.

Contract disputes and debt recovery cover

rradar legal will negotiate your legal rights in a contractual dispute entered into by you or on your behalf for the purchase, hire, sale or provision of goods, services or the lease, licence or tenancy of land or buildings.

Provided that:

1 the amount in dispute exceeds £500
2 any legal proceedings will be dealt with by a court, or other body which we agree to, within the policy territories and
3 all cover provided by this Legal pursuit extension relates solely to costs incurred by rradar legal.
4 if the premium is payable on instalments, the instalments due and payable at the time of making the claim exceed £500
5 if the dispute relates to money owed to you , a claim is notified to rradar legal within 90 days of the money becoming due and payable.

Restrictive covenant cover

rradar will negotiate your legal rights in pursuing:

1 an undertaking or injunction against a former employee alleging breach of their restrictive covenant or confidentiality clause .
2 damages for breach of restrictive covenant or confidentiality clause .

26 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

Trespass, nuisance, person removal and property damage cover

rradar will negotiate for your legal rights in any dispute relating to your property, arising from nuisance, the need to remove any trespassing persons or damage to your property.

Additional exclusions applicable to Legal pursuit extension

We will not pay for:

1 any excess shown
2 any claim relating to:
a settlement payable under an insurance policy or loan, mortgage, pension, investment or borrowing;
b any dispute arising or relating to the renewal of a lease or tenancy agreement or rent review
3 the recovery of money and the interest due from another party other than disputes where the other party intimates that a defence exists
4 any claim , that in the opinion of rradar legal, has less than a 51% prospect of success
5 costs incurred before rradar legal have agreed to such costs being incurred.

Additional definitions applicable to Legal pursuit extension Confidentiality clause

A term in your employment contract restricting the use of your information or trade secrets gained in the normal course of business.

Date of occurrence for contract disputes

The date of occurrence is when you or an insured person could reasonably be expected to become aware of the breach of contract.

Policy territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

Aggregate limit of liability

The most we pay in total in any one period of insurance in respect of all claims made during the period of insurance .

Claim(s)

The costs of rradar advice and support in pursuing your legal rights under the terms and conditions of this Legal pursuit extension.

rradar

rradar Limited 13 Waterside Business Park Livingstone Road Hessle HU13 0EG

Company registration number: 07738271

Restrictive covenant

An express term in your employment contract preventing an ex-employee acting in a manner that prejudices your business interests by:

1 competing with you
2 soliciting business from your customers
3 dealing with your customers
4 attempting to employ your employees

for a reasonable time after leaving your employment.

Charity, clubs and associations legal liability section continued

✘ What is not covered

Claims outside of the policy territories exclusion

We will not cover any loss or investigation caused by any claim outside the policy territories .

Cyber act and loss of computer system exclusion

We will not cover any claim , loss or investigation caused by:

1 a cyber act
2 use of, inability to use, or partial or total unavailability or failure of any computer system provided the computer system is owned or controlled by you or on your behalf
3 any failure or interruption of service provided
a to you or any part acting on your behalf by an internet service provider, telecommunications provider or cloud provider but not including the hosting of hardware or software owned by you
b by any utility provider, but only where such failure or interruption of service impacts a computer system owned or controlled by you or any party acting on your behalf.

Defective workmanship exclusion

We will not cover any contractual liability or other wrongful acts claim caused by your actual or alleged defective workmaship.

Deliberate or dishonest acts exclusion

We will not cover any claim , loss or investigation caused by:

1 a dishonest or fraudulent act or omission or any intentional breach of any statute or regulation carried out by any insured person acting for you. This exclusion does not apply to any regulatory self reporting
2 an act by any insured person intended to obtain or which does obtain a personal profit or advantage which was not legally theirs other than a claim under the employee dishonesty, telephone fraud, third party fraud or forgery or third party electronic funds transfer cover
3 an act intended to obtain or which does obtain a profit for any company other than you where an insured person is a director, officer or employee of that company.

Employment exclusion

We will not cover any claim , loss or investigation caused by any employment practice claim .

Employee dishonesty, telephone fraud, third party fraud or forgery and third party funds transfer exclusion

We will not cover any claim , loss or investigation caused by employee dishonesty or third party funds transfer in relation to:

1 any accounting or arithmetical error, omission or unexplained shortage
2 any default on a credit or other loan agreement
3 any loss of interest, loss of profit or any other indirect financial loss.

28 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

We will also not cover your costs of establishing the amount of your direct financial loss.

Failure to fund pension, share ownership or employee benefit schemes exclusion

We will not cover any claim , loss or investigation caused by your failure to fund any pension, share ownership employee benefit or any other similar scheme.

Products liability exclusion

We will not cover any claim , loss or investigation caused by the sale, manufacture, installation or supply of any of your products . This exclusion does not apply to any investigation costs cover and/or criminal/regulatory proceeding.

Virus exclusion

Other than as provided by cyber liability cover, we will not cover any claim , loss or investigation caused by the transmission or receipt of a virus or similar mechanism .

Section condition

Severability condition

Only statements made (whether in the Proposal or otherwise) and information possessed by any Trustee, Finance Director, Chief Executive, Human Resources Director, Managing Director or Chairman of the charity or association or any other person authorised by you to make statements or complete the proposal shall be attributed to you in determining whether cover applies under your policy .

Meanings of defined terms

Contents of this section

Contents of this section
Meanings which apply to the
whole policy	30
Meanings which apply to
the Trustees’ liability section	35
Meanings which apply to
the Employment practices
liability section	36
Meanings which apply to the
Charities, clubs and associations
legal liability section	37

Meanings which apply to the whole policy

These meanings apply throughout your policy . If a word or phrase has a defined meaning, it will be highlighted in bold blue print and will have the same meaning wherever it is used.

Bail costs

Costs agreed with us , to pay for a bond to guarantee an insured person’s bail or equivalent in another country as required by a court of law.

Circumstance

1 Any verbal or written complaint made against you or an insured person that could give rise to a claim . This does not include any routine employment disciplinary action or dismissal.
2 Any non-routine regulatory intervention, serious accident or near miss likely to give rise to a claim and/or investigation .

Claim

Any written demand or civil, criminal, arbitration or regulatory proceeding first made against you or an insured person during the period of insurance :

1 seeking monetary damages
2 seeking a penalty or other legal action and alleging a wrongful act
3 alleging an employment practice wrongful act . Any claims involving the same or essentially the same facts shall be treated as one claim.

30 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Crisis public relations consultants

Specialist crisis public relations consultants as appointed in writing by rradar legal or us .

Crisis public relations costs

Costs incurred by the crisis public relations consultants following a claim and/or investigation to prevent, limit or reduce the actual or potential damage to your or any insured person’s reputation from negative publicity or media attention.

Defence costs

Costs agreed with us , in writing, to:

1 investigate or defend any claim
2 fund an appeal against a ruling or judgement (including payment of an appeal bond).

Employed person

Employment practice claim

1 any claim by any employed person for any actual or alleged:
a wrongful, unfair or constructive dismissal, discharge or termination of employment
b breach of written or implied contract
c employment related misrepresentation, wrongful denial of a career opportunity, failure to grant employment or negligent employee evaluation
d harassment, unlawful discrimination or failure to provide adequate employee procedures and policies
e retaliatory treatment
f defamation or invasion of privacy
2 any other claim happening only as a result of you employing any current, former or prospective employed person .

Anyone:

1 under a contract of service or apprenticeship with you or a worker as defined in Section 230 of the Employment Rights Act 1996
2 who is
a employed by you or for you on a labour only basis
b hired to you or borrowed by you from another employer
c a voluntary helper or someone taking part in a work experience or training scheme.
and under your control or supervision.

Employment practice wrongful act

1 any actual or alleged act, conduct, error or omission carried out or attempted by you , an insured person or a third party where you are held to be legally responsible for any actual or alleged:
a wrongful, unfair or constructive dismissal, termination of employment
b breach of written or implied contract
c employment related misrepresentation, wrongful denial of a career opportunity, failure to grant employment or negligent employee evaluation

Meanings of defined terms continued

d harassment, unlawful discrimination or failure to provide adequate employee procedures and policies
e retaliatory treatment
f defamation or invasion of privacy
2 any other claim happening only as a result of you employing any current, former or prospective employed person .

Employment related benefits

Any payment to an insured person as well as normal salary including:

1 payments made or due (including options to purchase, acquire or sell) under a share option
2 pension scheme or other employee benefit program incentive or deferred salary.

Excess

The first amount of any claim or claims as detailed in your policy schedule for which you are responsible. The excess applies to loss (as defined in each section of the policy ), crisis public relation costs, defence costs and investigation costs , however the excess will only be charged at the end of each claim and/or investigation .

Extradition proceeding

Any claim or proceeding brought against an insured person under United Kingdom extradition law or similar law in any other country.

Insolvency hearing clause

Costs incurred by rradar in any insured person’s defence costs in any official investigation into your or an insured person’s affairs following your insolvency or administration.

Insured person

1 Any person who was, is, or during the period of insurance becomes a trustee, director, member or officer of yours .
2 Any natural person acting in the capacity as a trustee of yours (not including any administrator, liquidator, receiver or auditor).
3 Any shadow director as defined under United Kingdom law or similar legislation in any other country.
4 Any employed person of yours .
5 Any trustee of any pension or employee benefit scheme or trust fund operated or administered by you .
6 The lawful husband, wife, civil or unmarried partner of an insured person described in 1 to 5 above, only because of their relationship, following a claim against the insured person.
7 The estates, heirs or legal representatives of any insured person above who has died or become incapacitated, insolvent or bankrupt but only in relation to a claim against the insured person.

32 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Investigation

Other than investigations by HMRC, any official hearing, investigation, examination, official enquiry or enquiry into your or an insured person’s business carried out by any government department, regulator or third party with legal rights to do so.

For HMRC investigations, investigation is restricted to those enquiries undertaken by the Special Civil Investigations Office under Code of Practice 8 or Code of Practice 9, an enquiry held under section 60 or 61 of the VAT Act 1994 or any matters handled by the National Investigations Service of HMRC.

Investigation does not include any routine regulatory supervision, enquiry or compliance review, any internal investigation or any investigation into the business activities of your industry which is not related only to your or any insured person’s conduct.

Investigation costs

Legal and other professional costs and expenses agreed with us in writing, incurred directly by you or an insured person in preparing for and attending any investigation .

This does not include salary or any other additional costs of yours .

Limit of liability

The amount shown in your policy schedule as the limit of liability.

Manslaughter claim

Any court action brought for manslaughter, corporate manslaughter, corporate homicide or culpable homicide.

Outside company

Any company other than you :

1 that is a charity or association, or;
2 in which you hold any issued share capital

but this does not include

a any company registered in the United States of America
b any listed company
c any financial services company.

Period of insurance

The period from the start date to the expiry date of your cover, shown in your policy schedule.

Policy

The policy and schedule and any endorsements attached or issued.

Pollutant

Any contaminant, irritant or other substance including, but not limited to: asbestos, lead, smoke, vapour, water, oil, oil products, dust, fibres, soot, fumes, acids, alkalis, chemicals, waste (including materials that have been or are intended to be recycled, reconditioned or reclaimed).

Pollution

Actual, alleged or threatened discharge, seepage, treatment, removal, disposal, dispersal, emission, release or escape of any pollutant or any regulatory order, direction or request to test for, monitor, remove, contain, treat, detoxify, or neutralise any pollutant .

Meanings of defined terms continued

Pollution clean up costs

Costs incurred by you or imposed by the Environment Agency to investigate and clean up any pollution incident.

Regulatory mitigation costs

Costs incurred by you in reporting and representing you following a report to any official regulator to reduce or avoid any potential fine or penalty.

Retaliatory treatment

Any actual or alleged action by you against an employed person as a result of the employed person using or trying to use their legal rights.

This includes but is not limited to their rights under employment discrimination statutes.

Safety legislation claim

Any court action alleging a breach of statutory duty under health and safety, consumer protection or food safety legislation.

Subsidiary

Any company where you :

1 own more than 50% of the share capital
2 have a majority of the voting rights
3 have the right to appoint or remove a majority of the company’s board of directors
4 control a majority of its voting rights under a written agreement with other shareholders or members.

If a company ceases to be a subsidiary cover will continue but only for a claim caused by a wrongful act carried out before it stopped being a subsidiary.

Tax investigation

1 Aspect investigation by HM Revenue and Customs
2 Full enquiry by HM Revenue and Customs
3 A challenge following a compliance review by HM Revenue and Customs regarding Income Tax, PAYE regulations, National Minimum Wage and National Insurance contributions
4 An appeal to VAT or Duties Tribunal up to and including First Tier Tribunal or Upper Tribunal.

Tax investigation will not include:

a any costs incurred in the normal completion of tax or VAT returns
b any tax investigation where returns have been submitted more than 30 days after the statutory filing deadline
c any tax investigation where you or any insured person have failed to maintain proper accounting records
d any tax investigation where rradar assesses HMRC findings to be reasonable and there is no realistic prospect of a successful defence.

Virus or similar mechanism

Program code, programming instruction or any other set of instructions intentionally constructed with the ability to damage, interfere or otherwise adversely affect computer programs, data files or operations whether involving self replication or not, including but not limited to trojan horses, worms or logic bombs.

We/us/our

AXA Insurance UK plc.

34 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

You/your/yourself

The charity, club or association shown in the policy schedule as the insured.

Meanings which apply to the Trustees’ liability section

These meanings apply within the Trustees’ liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Trustees’ liability section.

Deprivation of assets expenses

Costs and expenses of any insured person paid directly to provide the services listed below as a direct result of any interim or interlocutory order confiscating or suspending the rights of ownership over personal assets or real property of any insured person during the period of insurance

1 schooling
2 housing
3 utilities or
4 personal insurances.

Such costs shall only be paid where a personal allowance has been directed by a Court to meet such payments and that personal allowance has been exhausted.

Loss

Costs and expenses of any claimant which an insured person becomes legally liable to pay and incurred with our prior written agreement, to investigate or defend a claim against any insured person and this will include

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)
3 pre and post judgement interest on a judgement or award covered by this section
4 settlements

but this will not include any criminal fines or penalties, taxes (other than those covered under the Tax cover), salary or employment related benefits . Civil fines are covered only where they are insurable under United Kingdom law.

Policy territories

Worldwide.

Wrongful act

Any actual or alleged act, error or omission carried out or attempted by an insured person during the performance of their duties but only in their role as your trustee, director, officer or employed person including:

1 breach of any duty, including fiduciary or statutory duty
2 breach of trust
3 negligence, negligent misstatement, misleading statement or negligent misrepresentation
4 defamation
5 wrongful trading as defined under United Kingdom law
6 breach of warranty or authority

Meanings of defined terms continued

7 any other act, error or omission attempted or allegedly carried out or attempted by an insured person only because of their position as a trustee, director, officer or employed person of yours .

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance provided that the newly created or acquired subsidiary :
a is not registered outside of Great Britain, Northern Ireland, the Channel Islands or Isle of Man
b does not trade any of its securities on any exchange

But only for a claim against an insured person caused by a wrongful act carried out after the date of creation or acquisition.

2 any pension or employee benefit scheme or trust fund of yours.

Meanings which apply to the Employment practices liability section

These meanings apply within the Employment practices liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Employment practices liability section.

Loss

Costs and expenses of any claimant and monetary regulatory penalties which you or an insured person becomes legally liable to pay and incurred with our prior written consent, to investigate or defend a claim against you or any insured person and this will include:

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)
3 pre and post judgement interest on a judgement or award covered by this section
4 settlements

But this will not include any civil, regulatory or criminal fines or penalties, salary or employment related benefits .

Policy territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance

provided that the newly created or acquired subsidiary is not registered outside of the United Kingdom;

But only for a claim against you or an insured person caused by a wrongful act carried out after the date of creation or acquisition

2 any pension or employee benefit scheme or trust fund of yours.

36 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Meanings which apply to the Charity, clubs and associations legal liability section

These meanings apply within the Charity, clubs and associations legal liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Charity, clubs and associations legal liability section.

Cyber act

Any malicious attempt or attempts to damage, disrupt or gain access to computer systems networks or devices by cyber means including an incident in which data, computer systems or networks are accessed or affected in a non authorised way.

3 pre and post judgement interest on a judgement or award covered by this section
4 settlements.

But this will not include any criminal fines or penalties, taxes, salary or employment related benefits.

Regulatory civil fines are covered only where they are insurable under United Kingdom law and are restricted to the following:

a Fees for intervention payments due under Health and Safety (Fees) Regulations 2012
b Penalties due under Pensions Act 2008, 2004 and earlier legislation
c Environment Agency, Scottish Environmental Protection Agency or equivalent fees following an investigation .

Policy territories

Identity fraud

Any agreement entered into by anyone other than you , pretending to be you , for the purpose of committing a criminal or malicious act.

Loss

Costs and expenses of any claimant and monetary regulatory penalties which you become legally liable to pay and incurred with our prior written agreement to investigate or defend a claim against you and this will include:

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)

Great Britain, Northern Ireland, the Channel Islands and Isle of Man.

Products

Products that you supply, provide or deliver including containers, packaging, labelling, instructions, advice and services in connection with your product.

Telephone fraud

The dishonest access and use of your telephone systems by any third party.

Third party fraud or forgery

1 The signing, creation or alteration of any cheque, draft, promissory note or other written or electronic instruction with the intention to deceive.

Meanings of defined terms continued

2 Telephonic or written instructions acted on by you when the instructions are purported to have come from an insured person , client, customer, supplier or financial institution but have in fact come from a fraudster.

Wrongful act

Any actual or alleged act, error or omission carried out or attempted by you including but not limited to:

1 breach of any duty, including fiduciary or statutory duty
2 breach of trust
3 negligence, negligent misstatement, misleading statement or negligent misrepresentation
4 breach of warranty or authority
5 any civil liability.

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance as long as the newly created or acquired subsidiary is not registered outside of the United Kingdom;

But only for a claim against you caused by a wrongful act carried out after the date of creation or acquisition.

2 Any pension or employee benefit scheme or trust fund of yours .

38 Defined terms are highlighted in bold blue see page 30 for their meanings

Making a complaint

AXA Insurance aims to provide the highest standard of service to every customer.

If our service does not meet your expectations we want to hear about it so we can try to put things right.

All complaints we receive are taken seriously. Following the steps below will help us understand your concerns and give you a fair response.

How to make your complaint

The majority of complaints can be resolved quickly and satisfactorily by the department you are dealing with. If your complaint relates to a claim on your policy , please contact the department dealing with your claim. If your complaint relates to anything else, please contact the agent or AXA office where your policy was purchased. Telephone contact is often the most effective way to resolve complaints quickly.

Alternatively you can write to us at:

AXA Insurance complaints: AXA Insurance Commercial complaints AXA House 4 Parklands Lostock Bolton BL6 4SD

All claims complaints:

Tel: 01204 815359 Email: commercial. complaints@ axa-insurance. co.uk

When you make contact please tell us the following information:

Name address and postcode, telephone number and email address (if you have one).
Your policy and/or claim number, and the type of policy you hold.
The name of your insurance agent/ firm (if applicable).
The reason for your complaint.

Any written correspondence should be headed ‘COMPLAINT’ and you may include copies of supporting material.

Beyond AXA

Should you remain dissatisfied following our final written response, you may be eligible to refer your case to the Financial Ombudsman Service (FOS).

The FOS is an independent body that arbitrates on complaints about general insurance products. The FOS can only consider your complaint if we have given you our final decision.

You have six months from the date of our final response to refer your complaint to the FOS. This does not affect your right to take legal action.

Making a complaint continued

The Financial Ombudsman Service

Financial Ombudsman Service Exchange Tower Harbour Exchange Square London E14 9SR

Telephone: 0800 023 4567 or 0300 123 9123***

Fax: 020 7964 1001

Email: complaint.info@ financial-ombudsman. org.uk

Telephone calls may be monitored or recorded.

Financial Services Compensation Scheme (FSCS)

AXA Insurance UK plc are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation in the unlikely event we cannot meet our obligations to you . This depends on the type of insurance, size of the business and the circumstances of the claim. Further information about the compensation scheme arrangements is available from the FSCS (www.fscs.org.uk).

Website: www.financialombudsman.org.uk

Our promise to you

We will

Acknowledge written complaints promptly.
Investigate your complaint quickly and thoroughly.
Keep you informed of progress of your complaint.
Do everything possible to resolve your complaint.
Learn from our mistakes.
Use the information from complaints to continuously improve our service.

* free for people phoning from a ‘fixed line’ (for example, a landline at home)

** free for mobile phone users who pay a monthly charge for calls to numbers starting 01 or 02

40 Defined terms are highlighted in bold blue see page 30 for their meanings

This document is available in other formats.

If you would like a Braille, large print or audio version, please contact your insurance adviser.

www.axa.co.uk

AXA Insurance UK plc

Registered in England and Wales No 78950. Registered Office: 20 Gracechurch Street, London EC3V 0BG. A member of the AXA Group of Companies. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Telephone calls may be monitored and recorded.

Policy wording

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Management Liability for UK charities, clubs and associations

January 2018

September 2021

Welcome to AXA	3
Your policy	3
rradar advisory service and important phone numbers	4
Policy conditions	8
Policy exclusions	12
Policy extensions	13
Sections of cover
Trustees’ liability section	14
Employment practices liability section	19
Charity, clubs and associations legal liability section	23
Meanings of defined terms	30
Making a complaint	39

2 Defined terms are highlighted in bold blue see page 30 for their meanings

Welcome to AXA

Thank you for choosing AXA

Your policy

Under the heading ‘What is not covered’ we draw your attention to what is excluded from your policy .

This policy is a contract of insurance between you and us and you have a duty to make a fair presentation to us in accordance with the law.

The policy describes the insurance cover for which we have accepted your premium.

Headings have been used for your guidance and do not form part of the contract.

To help you understand the cover provided we have added ‘What is covered’ and ‘What is not covered’.

Legal and regulatory advice and services included in your policy from rradar

Important information

(policyholders can log in to their rradar account from the website)

Please have your policy number and policy schedule available when you get in touch.

Legal regulatory and risk management advice included in your policy

Human resources and employment
Health and safety and environmental regulations
Business related crime and regulation
Tax
Corporate governance
Directors duties
Commercial contracts
Data protection and information law -
Road traffic law

4 Defined terms are highlighted in bold blue see page 30 for their meanings

Legal and regulatory advice and services included in your policy from rradar continued

How to access rradar’s advisory services

Your insurance broker will send your policy details to rradar to be registered, this will include your email address.

When registered, you will receive an email from rradar requesting that you activate your rradar account by setting a password.

Once activated, you can access the my.rradar dashboard and launch all the digital tools and resources included under your policy .

Legal advisory services under your policy

To access the digital tools under your policy please log in to my.rradar.com

rradarstation

rradargrace

Available to download from the App store or Google Play Store.

Legal and regulatory advice and services included in your policy from rradar continued

rradarreport

Available to download from the App Store or Google Play Store.

rradarrisk

Access to rradarrisk is via the Risk Analysis Tool tab on the my.rradar dashboard.

Legal Advice Line service

Tel: 0800 955 6111 , Email: contactus@rradar.com 8am – 6pm Mon – Fri (excluding public holidays)

6 Defined terms are highlighted in bold blue see page 30 for their meanings

Legal and regulatory advice and services included in your policy from rradar continued

Out of hours Legal Crisis Line:

Tel: 0800 955 6222 – available evenings, weekends and public holidays

Crisis PR line:

Tel: 0800 955 6111 between 8am – 6pm, Mon - Fri and via the out of hours Legal Crisis Line telephone: 0800 955 6222 for critical PR support in difficult and challenging situations.

Legal representation for claims and investigations

Included in your policy is access to rradar’s specialist legal teams and, cover permitting, this includes full legal representation for claims and investigations as the policy defines them.

Keeping you up to date

rradar can provide policyholders with regular updates on new digital tools, legal and regulatory blogs, regular email newsletters, webinar invites and more.

Making a claim

Making a complaint

If you are not happy with the way in which a claim or any other matter has been dealt with, please follow the instructions within the “Making a complaint” page within the policy .

If notifying a claim, you or your insurance broker should email full details of the claim to: claims@rradar.com

Policy conditions

You must comply with the following conditions to have the full protection of your policy . If you do not comply then we may at our option take one or more of the following actions:

1 Cancel your policy
2 Declare your policy void (treating it as if it had never existed)
3 Change the terms of your policy
4 Refuse to deal with all or part of any claim or reduce the amount of claim payments.

If you are unsure about any of these conditions or whether you need to notify us about any matter, please contact us .

Arbitration condition

Cancellation condition

Claims conditions

You and/or any insured person must reimburse us for any defence costs paid where it is later determined that there is no cover under this policy .

Claims notification condition

You must:

1 as soon as possible within the period of insurance or where this is not possible, at the latest within 30 days after it expires
a give us , and the crisis public relations consultants where appropriate, notice of any claim under this policy , in accordance with the terms of each section
b give us , and the crisis public relations consultants where appropriate, all the information we request
2 immediately
a on receipt send us every letter, court order, summons or other legal documents served upon you
b tell us about any investigation , prosecution, inquest or fatal accident inquiry or dispute for referral to adjudication or court proceedings in connection with any potential claim , in accordance with the terms of each section

8 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy conditions continued

c unless agreed with us in writing, notify the police of any fraudulent or criminal activity upon discovery.

If you do not comply with this condition we have the right to refuse to pay your claim .

Claims procedures condition

1 You must take, or allow others to take, practical steps to minimise any claim .
2 At your expense you must provide us with
a full details in writing and any further information we may reasonably require
b any assistance to enable us to settle or defend a claim
c details of any other relevant insurances.
3 Full details of your claim must be provided to rradar . Unless otherwise agreed in writing by us rradar will handle your claim . You must not appoint other legal representation without our prior approval. Any costs incurred without our approval will not be met. Where we agree to your legal representation, other than rradar , the maximum following hourly rates shall apply:

4 You must not accept, negotiate, pay, settle, admit or reject any claim without our prior written consent.
5 We have the right to fully participate in the defence of any claim including the negotiation of any settlement. We will also have the right to defend any claim made against you .
6 Where it is assessed by us and your legal representation that you have a greater than 60% prospect of success, you shall have the right to defend any claim made against you or any insured person .

If you do not comply with this condition we have the right to refuse to pay your claim .

Fair presentation of risk condition

1 If failure to make a fair presentation of the risk is deliberate or reckless we can elect to make your policy void and keep the premium. This means treating the policy as if it had not existed and that we will not return your premiums, or

Policy conditions continued

2 If the failure to make a fair presentation of the risk is not deliberate or reckless and we would not have provided cover had you made a fair presentation, then we can elect to make your policy void and return your premiums, or
3 If the failure to make a fair presentation of the risk is not deliberate or reckless and we would have issued cover on different terms had you made a fair presentation of the risk we can:
a reduce proportionally any amount paid or payable in respect of any claim under your policy using the following formula. We will divide the premium actually charged by the premium we would have charged had you made a fair presentation and calculate this as a percentage. The same percentage figure will be applied to the full amount of the claim to arrive at the proportion of the claim to be paid or payable; and/or
b treat your policy as if it had included the different terms (other than payment of premium) that we would have imposed had you made a fair presentation
4 Where we elect to apply one of the above then
b we will apply the formula calculated by reference to the premium that would have been charged to claims from the start of the policy or from the date of renewal
c we will treat your policy as having different terms imposed from the start of the policy or from the renewal

depending on when the failure to make a fair presentation occurs.

Fraud condition

If you or anyone acting for you :

1 knowingly makes an exaggerated claim under your policy
2 knowingly makes a false statement in support of a claim whether or not the claim itself is genuine or
3 knowingly submit a false or forged document in support of a claim whether or not the claim itself is genuine,

we will:

a refuse to pay the claim
b declare your policy void from the date of the fraudulent act without any return of premiums.

We may also inform the police of the circumstances.

a if we elect to make your policy void, this will be from the start of the policy or from the date of renewal

10 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy conditions continued

Instalments condition

If a claim has been made or there has been any circumstance during the current period of insurance the annual premium remains due in full.

Law applicable to this policy

Notification of potential claims

Where we accept the circumstance any future claim and/or investigation shall be deemed to have been made in the period of insurance in which the circumstance was first made.

Sanctions Condition

Subrogation (our rights) condition

We will be entitled to undertake in your name or on your behalf steps to enforce rights against any other party before or after payment is made by us .

Third party rights condition

The rights of this contract will not be enforceable by any party other than you or us because of the Contract (Rights of Third Parties) Act 1999.

Policy exclusions

Your policy is subject to exclusions and these tell you what is not covered.

The Policy exclusions are set out below and apply to your policy as a whole. There are also specific exclusions under each section of cover under the heading ‘What is not covered’.

Bodily injury or property damage exclusion

We will not cover any claim , loss (as defined in each section of the policy ) or investigation :

1 for psychological or emotional distress other than an employment practice claim
2 for sickness, disease, bodily injury or death other than a safety legislation claim or manslaughter claim
3 for the loss, damage or destruction of any tangible property, electronic systems or data including loss of use of that property

unless arising directly from your breach of a duty of care for advice provided. Cover shall apply solely in excess of any other insurance policy available to you or any insured person .

Defined benefit pension schemes exclusion

We will not cover any claim , loss (as defined in each section of the policy ) or investigation caused by:

1 an insured person’s operation or administration of any defined benefit pension scheme
2 an insured person’s breach of any legislation or regulation relating to any defined benefit pension scheme.

Excess exclusion

We will not pay the excess detailed in your policy schedule (under each section of cover).

Prior claims, investigations and circumstances exclusion

Prior litigation exclusion

Takeovers and mergers exclusion

12 Defined terms are highlighted in bold blue see page 30 for their meanings

Policy extensions

Extended claims notification period cover

Your schedule will show if you have this cover.

This extended notification period is only available if:

1 we receive your written notice of purchase within 30 days following the end of the period of insurance ; and
2 the policy is not replaced by any other policy; and
3 at the end of the period of insurance , you have not merged with another charity, club or association.
b give us all the information we request
2 immediately
a on receipt send us every letter, court order, summons or other legal documents served upon you
b tell us about any investigation , prosecution, inquest or fatal accident inquiry or dispute for referral to adjudication or court proceedings in connection with any potential claim , in accordance with the terms of each section
c notify the police of any fraudulent or criminal activity upon discovery.

If we offer renewal terms, conditions, limits of liability or premiums that are different from those of the expiring policy , this does not mean a refusal to renew.

Condition of the cover

Where you have taken this cover the policy Claims notification condition on page 8, is deleted and replaced with the following:

You must:

1 as soon as possible within the extended notification period
a give us notice of any claim under this policy , in accordance with the terms of each section

Trustees’ liability section

Contents of this section

Contents of this section
Meanings of defined terms	14
Limit of cover	14
What is covered	14
Optional section extension
of cover	17
What is not covered	17
Section conditions	18

Your schedule will show if this section is covered.

Meanings of defined terms

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

✓ What is covered

Additional limit for non-indemnifiable loss

1 any other available insurance
2 any other available indemnity.

Bail costs cover

We will pay on behalf of any insured person bail costs caused by a claim for a wrongful act .

Brexit cover

We will pay for any insured person’s loss caused by a claim for a wrongful act in connection with the withdrawal of the United Kingdom from the European Union.

14 Defined terms are highlighted in bold blue see page 30 for their meanings

Trustees’ liability section continued

Circumstance investigation cover

The most we will pay for all circumstance investigation claims in any one period of insurance is £50,000.

Claims against an insured person cover

We will pay the loss incurred by any insured person caused by a claim for a wrongful act .

Company reimbursement cover

We will pay for the loss which you are legally allowed to pay on behalf of an insured person caused by a claim for a wrongful act .

Compensation for court attendance cover

Crisis public relations costs cover

We will pay crisis public relations costs for any insured person caused by a claim for a wrongful act .

Deprivation of assets cover

We shall pay the loss of any insured person for deprivation of asset expenses .

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all deprivation of asset claims in any one period of insurance .

Directors’/trustees’ personal tax cover

Employment practice claims cover

We will pay for the loss caused by an employment practice claim during the period of insurance brought by a current, former or potential employed person .

This cover does not apply if the insured person is covered under the Employment practices liability section of this policy .

Extradition proceedings cover

Trustees’ liability section continued

Insolvency hearing costs cover

We will pay the insolvency hearing costs of any insured person .

The most we will pay under this cover is £25,000 any one claim . This is also the most we will pay for all insolvency hearing costs claims in any one period of insurance .

Investigation costs cover

We will pay the investigation costs caused by an investigation first notified as being required during the period of insurance .

Manslaughter claims cover

Outside company cover

Pension/employee benefit schemes cover

Personal charity/Not for profit association cover

Pollution claims cover

We will pay for the loss arising from pollution caused by a claim for any wrongful act .

Retired trustees cover

1 disqualification from holding such a position; or
2 a take-over or merger,

for an unlimited period from the date of non renewal (the “run-off period”), provided that:

a cover will only apply to claims caused by any wrongful act carried out or alleged before the date of retirement of the insured person

16 Defined terms are highlighted in bold blue see page 30 for their meanings

Trustees’ liability section continued

b the run-off period will run at the same time as any extended notification period
c no similar insurance is in place elsewhere.

Safety legislation claims cover

Tax cover

Optional section extension of cover

Takeovers and mergers extension of cover

Your policy schedule will show if you have this cover.

This extension only applies to claims caused by any wrongful act carried out or alleged before the date of the takeover or merger.

✘ What is not covered

Deliberate or dishonest acts exclusion

We will not cover any claim , loss or investigation caused by:

1 a dishonest or fraudulent act or omission or any intentional breach of any statute or regulation carried out by any insured person
2 an act by any insured person intended to obtain or which does obtain a personal profit or advantage which was not legally theirs
3 an act intended to obtain or which does obtain a profit for any company other than you where an insured person is a director, officer or employee of that company.

This exclusion will only apply after a court ruling or an admission by an insured person that such an act did take place.

Related party claims in the United States of America exclusion

This exclusion will not apply to:

1 defence costs
2 any shareholder derivative proceedings in your name without your or any insured person’s solicitation, assistance or participation
3 any claim brought by your liquidator, receiver or administrative receiver or similar body

Trustees’ liability section continued

4 any employment practices claim
5 any claim made by a previously insured person of yours
6 any claim seeking a contribution or indemnity if that claim would be covered by this section if made against an insured person .

Specific United States of America legislation exclusion

We will not cover any claim , loss or investigation caused by the following legislation in the United States of America:

1 any breach of the Racketeer Influenced and Corrupt Organizations Act 18 USC Sections 1961 et seq., any amendments to this Act or any rules or regulations made under it
2 any breach of the Securities Act of 1933 or the Securities Exchange Act of 1934, both as amended, the rules or regulations of the Securities Exchange Commission under either or both Acts, similar securities laws or regulations of any state, or any laws of any state relating to any transaction caused by, involving or relating to the sale of securities
3 any breach of the Employment Retirement Income Security Act of 1974 as amended, or any rules or regulations made under it, or similar provisions of any federal, state or local law.

Section conditions

The Policy conditions all apply equally to each insured person and to you other than:

Fair presentation of risk condition

In these circumstances we waive our right to cancel the policy on the grounds of non-disclosure, fair presentation of risk or fraud.

Severability condition

All information which any insured person provided before we agreed to insure you will be considered as a separate application for each insured person .

The knowledge of or any statement made by any insured person will not be applied to any other insured person for the purposes of deciding whether cover is available for any claim .

18 Defined terms are highlighted in bold blue see page 30 for their meanings

Employment practices liability section

Contents of this section

Contents of this section
Meanings of defined terms	19
Limit of cover	19
What is covered	19
What is not covered	20
Section conditions	22

Your schedule will show if this section is covered.

Meanings of defined terms

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

✓ What is covered

Claims by employees cover

We will pay for your or any insured person’s loss caused by a claim by an employed person alleging an employment practice wrongful act .

The excess will not apply to any claim brought only against an insured person .

Claims by others cover

We will pay for your or any insured person’s loss caused by a claim by anyone other than an employed person alleging an employment practice wrongful act .

Compensation for court attendance cover

Employment practices liability section continued

Investigation costs cover

We will pay for your or any insured person’s investigation costs caused by an investigation first notified as being required during the period of insurance .

The excess will not apply to any investigation that only involves an insured person .

Outside company cover

We will only pay after any cover provided by the outside company to its trustees, directors or officers and any other insurance available to its trustees, directors and officers has been used.

✘ What is not covered

Claims outside of the United Kingdom exclusion

We will not cover any claim , loss or investigation caused by any Employment practice claim outside of the United Kingdom.

Collective bargaining agreements exclusion

We will not cover any claim caused by your failure to act in accordance with any collective bargaining agreement other than:

1 allegations of retaliatory treatment
2 defence costs and/or investigation costs .

Contractual payments exclusion

We will not cover any claim caused by your failure to pay any amount you must pay under contract to an employed person .

This includes but is not limited to:

1 payments for notice periods (contractual or statutory); or
2 any breach of any minimum wage requirements.

This exclusion does not apply to defence costs and/or investigation costs .

Deliberate and dishonest acts exclusion

Legal requirements exclusion

We will not cover any claim , loss or investigation caused by your legal duties in relation to your :

1 health and safety requirements
2 payment of unemployment benefits
3 payment of social security benefits

20 Defined terms are highlighted in bold blue see page 30 for their meanings

Employment practices liability section continued

4 payment of retirement benefits
5 payment of disability benefits.

This exclusion does not apply to defence costs for any claim caused by retaliatory treatment .

Non-compensatory payments exclusion

We will not cover any claim , loss or investigation caused by:

1 the failure to pay for anyone else’s liability which you must legally take on under any contract or agreement. This does not apply to any claim that would have happened without such contract or agreement
2 any non-financial order
3 any amount for the costs of agreeing or refusing to agree with a court or other order for the reinstatement of an employed person other than basic salary from the original date of dismissal to the date of court or other order.

This exclusion does not apply to defence costs and/or investigation costs .

Pension rights exclusion

We will not cover any claim caused by:

1 any employed person’s loss of any right or benefit under any pension scheme, private health insurance or other employee benefit scheme
2 the operation or administration of any pension or employee benefit scheme or trust fund
3 your breach of any legislation or regulation related to these activities.

This exclusion does not apply to defence costs and/or investigation costs .

Protective award exclusion

Tax exclusion

We will not cover any claim caused by your failure to pay taxes. This exclusion does not apply to defence costs and/or investigation costs .

Trade Union membership exclusion

We will not cover any claim caused by membership or non-membership of any trade union or similar organisation other than:

1 allegations of retaliatory treatment
2 defence costs and/or investigation costs .

Transfer of Undertakings Exclusion

We will not cover any loss caused by any claim :

1 Brought against you under the Transfer of Undertakings (Protection of Employment) Regulations 2006:
2 Brought against a third party but which you could be liable for under the Transfer of Undertakings (Protection of Employment) Regulations 2006:
3 For an Employment practice wrongful act which occurred prior to a TUPE transfer of an employed person to you .

This exclusion does not apply to defence costs .

Employment practices liability section continued

Section conditions

The Policy conditions all apply equally to each insured person and to you other than:

Fair presentation of risk condition

Severability condition

All information which any insured person provided before we agreed to insure you will be considered as a separate application for each insured person .

The knowledge of or any statement made by any insured person will not be applied to any other insured person for the purposes of deciding whether cover is available for any claim .

22 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section

Contents of this section
Meanings of defined terms	23
Limit of cover	23
What is covered	23
Section extensions	26
What is not covered	28
Section condition	29

Your schedule will show if this section is covered.

Meanings of defined terms

Limit of cover

The most we will pay for any one claim including defence costs and/or investigation costs is the limit of liability .

✓ What is covered

Breach of data protection cover

We will pay for your loss following a breach of data protection law.

Brexit cover

We will pay your loss caused by a claim for any wrongful act in connection with the withdrawal of the United Kingdom from the European Union.

Civil liability and professional negligence cover

We will pay for your loss caused by any claim made against you for any actual or alleged civil liability or professional negligence.

Charity, clubs and associations legal liability section continued

Compensation for court attendance cover

Contractual liability cover

Crisis public relations costs cover

We will pay crisis public relations costs caused by any claim made against you for a wrongful act .

Data protection breach cover

We will pay the costs of rradar legal in contacting your customers and suppliers as legally required following a data protection breach.

The most we will pay for this cover is £100,000 for any one claim .

Employee dishonesty cover

We will pay for your direct financial loss caused by the dishonesty of an employed person discovered during the period of insurance .

Provided that there was a clear intention to cause you financial loss or damage and for that person to obtain a financial gain other than salary, bonus or commission.

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all Employee dishonesty claims in any one period of insurance .

Identity fraud cover

We will pay for your loss resulting from identity fraud .

Investigation costs cover

Pre-investigation cover is available via rradar helpline page 4.

We will pay for your investigation costs caused by an investigation against you which you first notified as being required during the period of insurance .

Judicial review cover

We will pay for your loss caused by any claim and/or investigation made against you as a result of a judicial review (as defined in the civil procedure rules).

Loss of documents cover

The most we will pay under this cover is £100,000 for any one claim . This is also the most we will pay for all loss of documents claims in any one period of insurance .

Manslaughter claims cover

We will pay for your defence costs caused by a manslaughter claim made against you for a wrongful act .

24 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

Mitigation of loss cover

We will pay your costs and expenses incurred with our written consent to take action to mitigate a loss or potential loss or claim .

The most we will pay under this cover is £50,000 for any one claim . This is also the most we will pay for all mitigation of loss claims in any one period of insurance .

Negative social media crisis public relations costs cover

The most we will pay for all negative social media public relations costs in any one period of insurance is £25,000.

for any one claim . This is also the most we will pay for all pollution clean up costs claims in any one period of insurance .

Pollution claims cover

Regulatory mitigation cover

We will pay your regulatory mitigation costs for any regulatory self reporting.

Safety legislation claims cover

We will pay for your defence costs caused by a safety legislation claim made against you for a wrongful act .

Tax cover

Other wrongful acts cover

We will pay for your loss caused by any claim made against you for a wrongful act .

Pension/employee benefit schemes cover

Pollution claims clean up costs cover

We will pay your loss for pollution clean up costs for any claim and/or investigation made against you . The most we will pay under this cover is £25,000

We will pay for your defence costs caused by a claim for breach of any tax law, act or regulations.

Tax investigation cover

We will pay your defence costs for any tax investigation .

Telephone fraud cover

Charity, clubs and associations legal liability section continued

Third party electronic funds transfer cover

The most we will pay under this cover is £10,000 for any one claim . This is also the most we will pay for all third party electronic fund transfer claims in any one period of insurance .

Third party fraud or forgery cover

We will pay your direct financial loss discovered during the period of insurance caused by third party fraud or forgery .

The most we will pay under this cover is £10,000. This is also the most we will pay for all third party fraud or forgery claims in any one period of insurance .

Section extensions

Legal pursuit extension

This extension attaches to and forms part of your policy and is subject to the policy conditions, exclusions and defined terms:

The cover

Aggregate limit of liability: £25,000 unless otherwise stated excess: £2,500 each and every claim

We will provide cover up to the aggregate limit of liability in any one period of insurance and subject to the excess stated provided that:

1 the date of occurrence happens during the period of insurance and occurs within the policy territories in connection to your business;
2 any legal proceedings will be dealt with by a court, or other body which we agree to, in the policy territories; and
3 all cover provided by this Legal pursuit extension relates solely to costs incurred by rradar legal.

Contract disputes and debt recovery cover

Provided that:

1 the amount in dispute exceeds £500
2 any legal proceedings will be dealt with by a court, or other body which we agree to, within the policy territories and
3 all cover provided by this Legal pursuit extension relates solely to costs incurred by rradar legal.
4 if the premium is payable on instalments, the instalments due and payable at the time of making the claim exceed £500
5 if the dispute relates to money owed to you , a claim is notified to rradar legal within 90 days of the money becoming due and payable.

Restrictive covenant cover

rradar will negotiate your legal rights in pursuing:

1 an undertaking or injunction against a former employee alleging breach of their restrictive covenant or confidentiality clause .
2 damages for breach of restrictive covenant or confidentiality clause .

26 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

Trespass, nuisance, person removal and property damage cover

rradar will negotiate for your legal rights in any dispute relating to your property, arising from nuisance, the need to remove any trespassing persons or damage to your property.

Additional exclusions applicable to Legal pursuit extension

We will not pay for:

1 any excess shown
2 any claim relating to:
a settlement payable under an insurance policy or loan, mortgage, pension, investment or borrowing;
b any dispute arising or relating to the renewal of a lease or tenancy agreement or rent review
3 the recovery of money and the interest due from another party other than disputes where the other party intimates that a defence exists
4 any claim , that in the opinion of rradar legal, has less than a 51% prospect of success
5 costs incurred before rradar legal have agreed to such costs being incurred.

Additional definitions applicable to Legal pursuit extension Confidentiality clause

A term in your employment contract restricting the use of your information or trade secrets gained in the normal course of business.

Date of occurrence for contract disputes

The date of occurrence is when you or an insured person could reasonably be expected to become aware of the breach of contract.

Policy territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

Aggregate limit of liability

The most we pay in total in any one period of insurance in respect of all claims made during the period of insurance .

Claim(s)

The costs of rradar advice and support in pursuing your legal rights under the terms and conditions of this Legal pursuit extension.

rradar

rradar Limited 13 Waterside Business Park Livingstone Road Hessle HU13 0EG

Company registration number: 07738271

Restrictive covenant

An express term in your employment contract preventing an ex-employee acting in a manner that prejudices your business interests by:

1 competing with you
2 soliciting business from your customers
3 dealing with your customers
4 attempting to employ your employees

for a reasonable time after leaving your employment.

Charity, clubs and associations legal liability section continued

✘ What is not covered

Claims outside of the policy territories exclusion

We will not cover any loss or investigation caused by any claim outside the policy territories .

Cyber act and loss of computer system exclusion

We will not cover any claim , loss or investigation caused by:

1 a cyber act
2 use of, inability to use, or partial or total unavailability or failure of any computer system provided the computer system is owned or controlled by you or on your behalf
3 any failure or interruption of service provided
a to you or any part acting on your behalf by an internet service provider, telecommunications provider or cloud provider but not including the hosting of hardware or software owned by you
b by any utility provider, but only where such failure or interruption of service impacts a computer system owned or controlled by you or any party acting on your behalf.

Defective workmanship exclusion

We will not cover any contractual liability or other wrongful acts claim caused by your actual or alleged defective workmaship.

Deliberate or dishonest acts exclusion

We will not cover any claim , loss or investigation caused by:

1 a dishonest or fraudulent act or omission or any intentional breach of any statute or regulation carried out by any insured person acting for you. This exclusion does not apply to any regulatory self reporting
2 an act by any insured person intended to obtain or which does obtain a personal profit or advantage which was not legally theirs other than a claim under the employee dishonesty, telephone fraud, third party fraud or forgery or third party electronic funds transfer cover
3 an act intended to obtain or which does obtain a profit for any company other than you where an insured person is a director, officer or employee of that company.

Employment exclusion

We will not cover any claim , loss or investigation caused by any employment practice claim .

Employee dishonesty, telephone fraud, third party fraud or forgery and third party funds transfer exclusion

We will not cover any claim , loss or investigation caused by employee dishonesty or third party funds transfer in relation to:

1 any accounting or arithmetical error, omission or unexplained shortage
2 any default on a credit or other loan agreement
3 any loss of interest, loss of profit or any other indirect financial loss.

28 Defined terms are highlighted in bold blue see page 30 for their meanings

Charity, clubs and associations legal liability section continued

We will also not cover your costs of establishing the amount of your direct financial loss.

Failure to fund pension, share ownership or employee benefit schemes exclusion

We will not cover any claim , loss or investigation caused by your failure to fund any pension, share ownership employee benefit or any other similar scheme.

Products liability exclusion

Virus exclusion

Other than as provided by cyber liability cover, we will not cover any claim , loss or investigation caused by the transmission or receipt of a virus or similar mechanism .

Section condition

Severability condition

Only statements made (whether in the Proposal or otherwise) and information possessed by any Trustee, Finance Director, Chief Executive, Human Resources Director, Managing Director or Chairman of the charity or association or any other person authorised by you to make statements or complete the proposal shall be attributed to you in determining whether cover applies under your policy .

Meanings of defined terms

Contents of this section

Contents of this section
Meanings which apply to the
whole policy	30
Meanings which apply to
the Trustees’ liability section	35
Meanings which apply to
the Employment practices
liability section	36
Meanings which apply to the
Charities, clubs and associations
legal liability section	37

Meanings which apply to the whole policy

These meanings apply throughout your policy . If a word or phrase has a defined meaning, it will be highlighted in bold blue print and will have the same meaning wherever it is used.

Bail costs

Costs agreed with us , to pay for a bond to guarantee an insured person’s bail or equivalent in another country as required by a court of law.

Circumstance

1 Any verbal or written complaint made against you or an insured person that could give rise to a claim . This does not include any routine employment disciplinary action or dismissal.
2 Any non-routine regulatory intervention, serious accident or near miss likely to give rise to a claim and/or investigation .

Claim

Any written demand or civil, criminal, arbitration or regulatory proceeding first made against you or an insured person during the period of insurance :

1 seeking monetary damages
2 seeking a penalty or other legal action and alleging a wrongful act
3 alleging an employment practice wrongful act . Any claims involving the same or essentially the same facts shall be treated as one claim.

30 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Crisis public relations consultants

Specialist crisis public relations consultants as appointed in writing by rradar legal or us .

Crisis public relations costs

Defence costs

Costs agreed with us , in writing, to:

1 investigate or defend any claim
2 fund an appeal against a ruling or judgement (including payment of an appeal bond).

Employed person

Employment practice claim

1 any claim by any employed person for any actual or alleged:
a wrongful, unfair or constructive dismissal, discharge or termination of employment
b breach of written or implied contract
c employment related misrepresentation, wrongful denial of a career opportunity, failure to grant employment or negligent employee evaluation
d harassment, unlawful discrimination or failure to provide adequate employee procedures and policies
e retaliatory treatment
f defamation or invasion of privacy
2 any other claim happening only as a result of you employing any current, former or prospective employed person .

Anyone:

1 under a contract of service or apprenticeship with you or a worker as defined in Section 230 of the Employment Rights Act 1996
2 who is
a employed by you or for you on a labour only basis
b hired to you or borrowed by you from another employer
c a voluntary helper or someone taking part in a work experience or training scheme.
and under your control or supervision.

Employment practice wrongful act

1 any actual or alleged act, conduct, error or omission carried out or attempted by you , an insured person or a third party where you are held to be legally responsible for any actual or alleged:
a wrongful, unfair or constructive dismissal, termination of employment
b breach of written or implied contract
c employment related misrepresentation, wrongful denial of a career opportunity, failure to grant employment or negligent employee evaluation

Meanings of defined terms continued

d harassment, unlawful discrimination or failure to provide adequate employee procedures and policies
e retaliatory treatment
f defamation or invasion of privacy
2 any other claim happening only as a result of you employing any current, former or prospective employed person .

Employment related benefits

Any payment to an insured person as well as normal salary including:

1 payments made or due (including options to purchase, acquire or sell) under a share option
2 pension scheme or other employee benefit program incentive or deferred salary.

Excess

Extradition proceeding

Any claim or proceeding brought against an insured person under United Kingdom extradition law or similar law in any other country.

Insolvency hearing clause

Insured person

1 Any person who was, is, or during the period of insurance becomes a trustee, director, member or officer of yours .
2 Any natural person acting in the capacity as a trustee of yours (not including any administrator, liquidator, receiver or auditor).
3 Any shadow director as defined under United Kingdom law or similar legislation in any other country.
4 Any employed person of yours .
5 Any trustee of any pension or employee benefit scheme or trust fund operated or administered by you .
6 The lawful husband, wife, civil or unmarried partner of an insured person described in 1 to 5 above, only because of their relationship, following a claim against the insured person.
7 The estates, heirs or legal representatives of any insured person above who has died or become incapacitated, insolvent or bankrupt but only in relation to a claim against the insured person.

32 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Investigation

Investigation costs

Legal and other professional costs and expenses agreed with us in writing, incurred directly by you or an insured person in preparing for and attending any investigation .

This does not include salary or any other additional costs of yours .

Limit of liability

The amount shown in your policy schedule as the limit of liability.

Manslaughter claim

Any court action brought for manslaughter, corporate manslaughter, corporate homicide or culpable homicide.

Outside company

Any company other than you :

1 that is a charity or association, or;
2 in which you hold any issued share capital

but this does not include

a any company registered in the United States of America
b any listed company
c any financial services company.

Period of insurance

The period from the start date to the expiry date of your cover, shown in your policy schedule.

Policy

The policy and schedule and any endorsements attached or issued.

Pollutant

Pollution

Meanings of defined terms continued

Pollution clean up costs

Costs incurred by you or imposed by the Environment Agency to investigate and clean up any pollution incident.

Regulatory mitigation costs

Costs incurred by you in reporting and representing you following a report to any official regulator to reduce or avoid any potential fine or penalty.

Retaliatory treatment

Any actual or alleged action by you against an employed person as a result of the employed person using or trying to use their legal rights.

This includes but is not limited to their rights under employment discrimination statutes.

Safety legislation claim

Any court action alleging a breach of statutory duty under health and safety, consumer protection or food safety legislation.

Subsidiary

Any company where you :

1 own more than 50% of the share capital
2 have a majority of the voting rights
3 have the right to appoint or remove a majority of the company’s board of directors
4 control a majority of its voting rights under a written agreement with other shareholders or members.

If a company ceases to be a subsidiary cover will continue but only for a claim caused by a wrongful act carried out before it stopped being a subsidiary.

Tax investigation

1 Aspect investigation by HM Revenue and Customs
2 Full enquiry by HM Revenue and Customs
3 A challenge following a compliance review by HM Revenue and Customs regarding Income Tax, PAYE regulations, National Minimum Wage and National Insurance contributions
4 An appeal to VAT or Duties Tribunal up to and including First Tier Tribunal or Upper Tribunal.

Tax investigation will not include:

a any costs incurred in the normal completion of tax or VAT returns
b any tax investigation where returns have been submitted more than 30 days after the statutory filing deadline
c any tax investigation where you or any insured person have failed to maintain proper accounting records
d any tax investigation where rradar assesses HMRC findings to be reasonable and there is no realistic prospect of a successful defence.

Virus or similar mechanism

We/us/our

AXA Insurance UK plc.

34 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

You/your/yourself

The charity, club or association shown in the policy schedule as the insured.

Meanings which apply to the Trustees’ liability section

These meanings apply within the Trustees’ liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Trustees’ liability section.

Deprivation of assets expenses

1 schooling
2 housing
3 utilities or
4 personal insurances.

Such costs shall only be paid where a personal allowance has been directed by a Court to meet such payments and that personal allowance has been exhausted.

Loss

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)
3 pre and post judgement interest on a judgement or award covered by this section
4 settlements

Policy territories

Worldwide.

Wrongful act

1 breach of any duty, including fiduciary or statutory duty
2 breach of trust
3 negligence, negligent misstatement, misleading statement or negligent misrepresentation
4 defamation
5 wrongful trading as defined under United Kingdom law
6 breach of warranty or authority

Meanings of defined terms continued

7 any other act, error or omission attempted or allegedly carried out or attempted by an insured person only because of their position as a trustee, director, officer or employed person of yours .

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance provided that the newly created or acquired subsidiary :
a is not registered outside of Great Britain, Northern Ireland, the Channel Islands or Isle of Man
b does not trade any of its securities on any exchange

But only for a claim against an insured person caused by a wrongful act carried out after the date of creation or acquisition.

2 any pension or employee benefit scheme or trust fund of yours.

Meanings which apply to the Employment practices liability section

These meanings apply within the Employment practices liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Employment practices liability section.

Loss

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)
3 pre and post judgement interest on a judgement or award covered by this section
4 settlements

But this will not include any civil, regulatory or criminal fines or penalties, salary or employment related benefits .

Policy territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance

provided that the newly created or acquired subsidiary is not registered outside of the United Kingdom;

But only for a claim against you or an insured person caused by a wrongful act carried out after the date of creation or acquisition

2 any pension or employee benefit scheme or trust fund of yours.

36 Defined terms are highlighted in bold blue see page 30 for their meanings

Meanings of defined terms continued

Meanings which apply to the Charity, clubs and associations legal liability section

These meanings apply within the Charity, clubs and associations legal liability section of your policy .

If a word or phrase has a defined meaning it will be highlighted in bold blue print and will have the same meaning wherever it is used in the Charity, clubs and associations legal liability section.

Cyber act

3 pre and post judgement interest on a judgement or award covered by this section
4 settlements.

But this will not include any criminal fines or penalties, taxes, salary or employment related benefits.

Regulatory civil fines are covered only where they are insurable under United Kingdom law and are restricted to the following:

a Fees for intervention payments due under Health and Safety (Fees) Regulations 2012
b Penalties due under Pensions Act 2008, 2004 and earlier legislation
c Environment Agency, Scottish Environmental Protection Agency or equivalent fees following an investigation .

Policy territories

Identity fraud

Any agreement entered into by anyone other than you , pretending to be you , for the purpose of committing a criminal or malicious act.

Loss

1 defence costs and investigation costs
2 awards of damages (including punitive and exemplary damages where legally allowed)

Great Britain, Northern Ireland, the Channel Islands and Isle of Man.

Products

Products that you supply, provide or deliver including containers, packaging, labelling, instructions, advice and services in connection with your product.

Telephone fraud

The dishonest access and use of your telephone systems by any third party.

Third party fraud or forgery

1 The signing, creation or alteration of any cheque, draft, promissory note or other written or electronic instruction with the intention to deceive.

Meanings of defined terms continued

2 Telephonic or written instructions acted on by you when the instructions are purported to have come from an insured person , client, customer, supplier or financial institution but have in fact come from a fraudster.

Wrongful act

Any actual or alleged act, error or omission carried out or attempted by you including but not limited to:

1 breach of any duty, including fiduciary or statutory duty
2 breach of trust
3 negligence, negligent misstatement, misleading statement or negligent misrepresentation
4 breach of warranty or authority
5 any civil liability.

You/your

In addition to the policy definition this will include:

1 a subsidiary , and any subsidiary created or acquired during the period of insurance as long as the newly created or acquired subsidiary is not registered outside of the United Kingdom;

But only for a claim against you caused by a wrongful act carried out after the date of creation or acquisition.

2 Any pension or employee benefit scheme or trust fund of yours .

38 Defined terms are highlighted in bold blue see page 30 for their meanings

Making a complaint

AXA Insurance aims to provide the highest standard of service to every customer.

If our service does not meet your expectations we want to hear about it so we can try to put things right.

All complaints we receive are taken seriously. Following the steps below will help us understand your concerns and give you a fair response.

How to make your complaint

Alternatively you can write to us at:

AXA Insurance complaints: AXA Insurance Commercial complaints AXA House 4 Parklands Lostock Bolton BL6 4SD

All claims complaints:

Tel: 01204 815359 Email: commercial. complaints@ axa-insurance. co.uk

When you make contact please tell us the following information:

Name address and postcode, telephone number and email address (if you have one).
Your policy and/or claim number, and the type of policy you hold.
The name of your insurance agent/ firm (if applicable).
The reason for your complaint.

Any written correspondence should be headed ‘COMPLAINT’ and you may include copies of supporting material.

Beyond AXA

Should you remain dissatisfied following our final written response, you may be eligible to refer your case to the Financial Ombudsman Service (FOS).

The FOS is an independent body that arbitrates on complaints about general insurance products. The FOS can only consider your complaint if we have given you our final decision.

You have six months from the date of our final response to refer your complaint to the FOS. This does not affect your right to take legal action.

Making a complaint continued

The Financial Ombudsman Service

Financial Ombudsman Service Exchange Tower Harbour Exchange Square London E14 9SR

Telephone: 0800 023 4567 or 0300 123 9123***

Fax: 020 7964 1001

Email: complaint.info@ financial-ombudsman. org.uk

Telephone calls may be monitored or recorded.

Financial Services Compensation Scheme (FSCS)

Website: www.financialombudsman.org.uk

Our promise to you

We will

Acknowledge written complaints promptly.
Investigate your complaint quickly and thoroughly.
Keep you informed of progress of your complaint.
Do everything possible to resolve your complaint.
Learn from our mistakes.
Use the information from complaints to continuously improve our service.

* free for people phoning from a ‘fixed line’ (for example, a landline at home)

** free for mobile phone users who pay a monthly charge for calls to numbers starting 01 or 02

40 Defined terms are highlighted in bold blue see page 30 for their meanings

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