OpenCharities

This text was generated using OCR and may contain errors. Check the original PDF to see the document submitted to the regulator.

2022-03-31-accounts

ZURICH Insight Policy document

Contents

A warm welcome to Zurich 3
Your Insight policy 4
General Defnitions 7
General Exclusions 11
General Conditions 12
Part A – Material Damage 16
Part B – Business Interruption 18
Insured Perils to Parts A and B 24
Part C – ‘All Risks’ 29
Additional Covers to Parts A and C 32
Special Provisions to Parts A and C 36
Special Conditions to Parts A and C 37
Exclusions to Parts A, B and C 39
Endorsements 41
Part D – Money 43
Part E – Public and Products Liability 46
Part F – Hirers’ Liability 56
Part G – Employers’ Liability 59
Part H – Libel and Slander 63
Part I
– Motor		 65
Part J – Motor Legal Expenses and Uninsured Loss Recovery 79
Part K – Inspection Contract 82
Part L – Plant Protection 88
Part M – Deterioration of Stock 95
Part N – Employee Dishonesty 97
Part O – Personal Accident 100
Part P – Legal Expenses 105
Part Q – Trustee and Trust Fund Indemnity 117
Part R – Professional Indemnity 124
Part S – Business Travel 129
Part T – Terrorism 136
Helpline Services 138
Our Complaints Procedure 140

2

A warm welcome to Zurich

Thank you for taking out your Insight insurance policy with us and welcome to Zurich Insurance plc.

Zurich Insurance plc and Zurich Management Services Limited are both members of a group of companies of which the ultimate parent company is Zurich Insurance Group Ltd, a company registered in Switzerland (Zurich). Zurich has a global network of subsidiaries and offices in North America and Europe as well as in Asia Pacific, Latin America and other markets. Founded in 1872, the Group is headquartered in Zurich, Switzerland. It employs approximately 60,000 people serving customers in more than 170 countries.

At Zurich we have your future in mind and look forward to working closely with you.

www.zurich.co.uk/municipal

3

Your Insight policy

Applicable to the whole policy except part K

This policy is a contract between you and us.

This policy and any schedule, endorsement and certificate should be read as if they are one document.

We will insure you under those parts stated in the schedule during any period of insurance for which we have accepted your premium. Our liability will in no case exceed the amount of any sum insured or limit of indemnity stated in this policy, the schedule or any endorsement to this policy.

Any reference to the singular will include the plural and vice versa.

Any reference to any statute or statutory instrument will include any amendments thereto or re-enactment thereof.

Any heading in this policy is for ease of reference only and does not affect its interpretation.

Please read this policy and any schedule, endorsement and certificate carefully and if they do not meet your needs return them to us.

Applicable to part K

This contract is an agreement between you and us.

In this contract:

Please read this contract carefully and ensure that it meets your needs. Please notify us immediately if you have any queries about this contract or you are concerned that it does not meet your needs or if there are any other circumstances which may affect this contract.

This is a legal document and should be kept in a safe place.

Law applicable to this contract

Not applicable to parts J, K or P

In the UK the law allows both you and us to choose the law applicable to this contract.

This contract will be subject to the relevant law of England and Wales, Northern Ireland, Scotland, the Isle of Man or the Channel Islands depending upon your address stated in the schedule. If there is any dispute as to which law applies it will be English law.

The parties agree to submit to the exclusive jurisdiction of the English courts.

This is a legal document and should be kept in a safe place.

4

Not applicable to part K

How we use personal information

We hold personal information in accordance with the Data Protection Act 1998. The information supplied to us by you may be held on computer and passed to other insurers and reinsurers for underwriting and claims purposes. You should show this to anyone whose personal information may be processed to administer this policy including handling any claims.

We use a variety of security technologies and procedures to help protect personal information from inappropriate use, and we will continue to revise procedures and implement additional security features as new technology becomes available.

We may use personal information for underwriting and claims purposes, statistical analysis, management information, market research, audits on the handling of claims, systems integrity testing, and risk management. We will only share personal information as described in this notice or where we are required or allowed to do so by law.

We may record or monitor telephone calls for security and regulatory purposes.

Motor Insurance Database

Information relating to your insurance policy will be added to the Motor Insurance Database (MID) managed by the Motor Insurers’ Bureau (MIB). MID and the data stored on it may be used by certain statutory or authorised bodies including the police, the DVLA, the DVANI, the Insurance Fraud Bureau and other bodies permitted by law for purposes not limited to but including:

If a vehicle of yours is involved in a road traffic accident (either in the United Kingdom, the European Economic Area or certain other territories), insurers or the MIB may search the MID to obtain relevant information.

Persons (including their appointed representatives) pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain relevant information which is held on the MID.

It is vital that the MID holds correct registration numbers for your vehicles. If incorrect details for any of your vehicles are shown on the MID you are at risk of having the relevant vehicle seized by the police. You can check that correct registration number details for your vehicles are shown on the MID at www.askmid.com

Policy administration

In order to administer your insurance policy and any claims made against this policy we may share personal information provided to us with other companies within the Zurich Insurance Group and with business partners including companies inside and outside the European Economic Area. If we do transfer personal information including where we propose a change of underwriter we make sure that it is appropriately protected.

We may conduct searches about anyone whose personal information may be processed to administer this policy (including handling any claims) using publicly available sources. Examples are the edited electoral roll, county court judgments / Scottish decrees, bankruptcy registers and other public databases. This helps us assess applications for insurance, provide renewal quotations and check the accuracy of information. These searches may be recorded by credit reference agencies but they will not affect any credit standing.

5

Claims history

When you tell us about an incident or claim we may pass information relating to it to the Claims and Underwriting Exchange Register (CUE), run by Insurance Database Services Ltd (IDSL) Motor Insurance Anti-Fraud and Theft Register (MIAFTR), run by the Association of British Insurers (ABI) or other relevant database.

We and other insurers may search these databases when you apply for insurance, in the event of any incident or claim or at time of renewal to validate your claims history or that of any other person or property likely to be involved in the policy or claim.

This helps to check information provided and prevent fraudulent claims.

Fraud prevention and detection

In order to prevent and detect fraud we may at any time:

a) share information about you with other organisations including the police

b) conduct searches using publicly available databases

d) check and share your details with fraud prevention and detection agencies.

If false or inaccurate information is provided and fraud is identified details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering for example when:

a) checking details on applications for credit and credit related to other facilities

Please contact us if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

Data protection rights

Individuals have certain rights under the Data Protection Act 1998, including the right to ask for a copy of the information we hold about them. We may make a small charge for this. Individuals also have the right to ask us to correct their information if it is inaccurate.

If you want to know more about how we use personal information or have any data protection questions, please contact the Data Protection Officer, Zurich Insurance plc, 3000 Parkway, Whiteley, Fareham, Hants, PO15 7JZ.

6

General Definitions

Certain words in this policy have special meanings. These meanings are given below and apply wherever the words appear in bold.

Buildings

Buildings of the premises for which you are legally responsible including:

Business

The business stated in the schedule including:

Business Interruption

Loss resulting from interruption of or interference with the business carried on by you at the premises in consequence of damage to property used by you at the premises for the purpose of the business.

Computer Equipment

Contents

Contents belonging to you or held by you in trust for which you are legally responsible in or on any building stated in the schedule including:

7

but excluding:

iii) jewellery, precious stones, precious metals, bullion or furs

vi) growing crops, trees, shrubs, plants or turf

vii) motor vehicles licensed for road use including accessories thereon

Damage

Physical loss or damage.

Data Processing System

Any computer or data processing equipment or media or microchip or integrated circuit or any similar device or any computer software or computer firmware.

Defined Peril

Fire, lightning, explosion, aircraft or other aerial devices or articles dropped from them, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, theft or attempted theft, earthquake, storm, flood, escape of water from any tank, apparatus or pipe or impact by any vehicle or by goods falling therefrom or by any animal.

Denial of Service Attack

Any actions or instructions constructed or generated with the ability to damage, interfere with or otherwise affect the availability of networks, network services, network connectivity or information systems including but not limited to the generation of excess network traffic into network addresses, the exploitation of system or network weaknesses and the generation of excess or non-genuine traffic between and amongst networks.

Director

Member or co-opted member of your governing body or any of its subcommittees, director (where not an employee) or trustee.

Employee

Any natural person who is:

a) under a contract of service or apprenticeship with you

8

and working for you in connection with the business while under your direct control or supervision.

Excess

The amount stated in this policy, the schedule or any endorsement to this policy for which you are responsible and which will be deducted from any payment under this policy as ascertained after the application of all other terms and conditions of this policy.

Hacking

Unauthorised access to any computer or other equipment or component or system or item which processes, stores, transmits, retrieves or receives data.

Money

Any current coinage, current bank and currency note, bill

of exchange, luncheon voucher, cheque, bankers’ draft, national giro draft, money order, postal order, current postage stamp, unused unit in any postage stamp franking machine, revenue stamp, national savings stamp, national savings certificate, holiday with pay stamp (provided you are not otherwise indemnified), credit, debit or charge card, sales voucher, phonecard, consumer redemption voucher and gift token accepted by you, Value Added Tax purchase invoice and trading stamp belonging to you or for which you have accepted responsibility and held in connection with the business.

Nuclear Installation

Any installation of such class or description as may be prescribed by regulations made by the relevant Secretary of State from time to time by statutory instrument being an installation designed or adapted for:

Nuclear Reactor

Any plant including any machinery, equipment or appliance whether affixed to land or not designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons.

Premises

The premises stated in the schedule.

Property

Physical property.

Reinstatement

9

in either case to a condition equivalent to or substantially the same as but not better or more extensive than its condition when new.

Special Definitions

Wherever words commencing with a capital letter appear in a part following Special Definitions they will have the same defined meaning within that part of this policy.

Territorial Limits

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

Terrorism

iii) endangers life other than that of the person committing the action

Virus or Similar Mechanism

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

Volunteer

Any person volunteering to assist or co-opted to assist you in the business.

We, Us, Our or Ours

In respect of:

You, Your, Yours or Yourselves

The organisation stated in the schedule as the insured.

10

General Exclusions

This policy does not cover:

1. Date Related Performance and Functionality

Not applicable to parts D, G, H, I, J, N, O, R and S.

loss or damage, consequential loss, additional expenditure or extra expenses, legal liability, fees, costs, disbursements, awards or other expenses of whatsoever nature directly or indirectly caused by or contributed to by or consisting of or arising in whole or in part from:

ii) any data not denoting a calendar date or dates as if such data denoted a calendar date or dates

whether such data processing system is your property or not but in respect of all insurances other than parts E, F, L and M this will not exclude subsequent damage or consequential loss, additional expenditure or extra expenses (not otherwise excluded) which itself results from a defined peril otherwise covered by this policy

2. Nuclear and War Risks, Government or Public Authority Order and Sonic Bangs death, injury, disablement or loss or damage to any property or any loss or expense resulting or arising therefrom or any consequential loss or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:

a) and b) will not apply to part G except where you have undertaken under a contract or agreement either to indemnify another party or to assume the liability of another party in respect of such injury.

11

General Conditions

1. Arbitration

If we admit liability for a claim but there is a dispute as to the amount to be paid the dispute will be referred to an arbitrator. The arbitrator will be appointed jointly by you and us in accordance with the law at the time. You may not take any legal action against us over the dispute before the arbitrator has reached a decision.

2. Cancellation

We may cancel this policy or any part or portion thereof by giving 30 days notice in writing by special delivery mail to you at your last known address and in such event you will be entitled to a return of premium in respect of the unexpired portion of the period of insurance.

3. Claims Procedures a) Your Responsibilities or in the case of part S those of any Insured Person It is agreed that:

b) Our Rights

We will:

12

4. Compulsory Insurance

You must repay us any amounts which we are required by compulsory insurance legislation to pay out under this policy to the extent that we would not otherwise have been liable to make such payments on account of a breach of any of the terms or conditions of this policy.

5. Fair Presentation of the Risk

Not applicable to parts J and P

13

Provided always that if the person concerned or you acting on their behalf makes a careless misrepresentation of fact we may invoke the remedies available to us under this condition as against that particular person as if a separate insurance contract had been issued to them leaving the remainder of the policy unaffected.

6. Fraudulent Claims

If you or anyone acting on your behalf:

we will be entitled to refuse to pay the whole of the claim and recover any sums that we have already paid in respect of the claim.

We may also notify you that we will be treating this policy as having terminated with effect from the date of any of the acts or omissions set out in clauses a) to f) of this condition.

If we terminate this policy under this condition you will have no cover under this policy from the date of termination and not be entitled to any refund of premium.

If any fraud is perpetrated by or on behalf of an insured person and not on behalf of you this condition should be read as if it applies only to that insured person’s claim and references to this policy should be read as if they were references to the cover effected for that person alone and not to the policy as a whole.

7. Increase in Risk

You must notify us as soon as possible during the period of insurance if there is any change in circumstances or to the material facts previously disclosed by you to us or stated as material facts by us to you which increases the risk of accident, injury, loss, damage or liability.

Upon notification of any such change we will be entitled to vary the premium and terms for the rest of the period of insurance. If the changes make the risk unacceptable to us then we are under no obligation to agree to make them and may no longer be able to provide you with cover.

If you do not notify us of any such change we may exercise one or more of the options described in clauses c) i), ii) and iii) of general condition 5 – Fair Presentation of the Risk but only with effect from the date of the change in circumstances or material facts.

14

8. Long Term Undertaking

This condition will be applicable separately to each part of this policy unless otherwise stated in the schedule.

In consideration of a discount being incorporated in the premiums on parts of this policy you undertake to offer annually the insurance under each such part on the terms and conditions in force at the expiry of each period of insurance and to pay premiums in advance it being understood that:

This undertaking applies to any policy or part which may be issued by us in substitution for this policy or part and the same discount will be incorporated in the premium on any substituted policy or part issued by us.

Payment of the first or renewal premium will be deemed acceptance by you of this condition.

9. Observance

The due observance and fulfilment of the terms and conditions of this policy by you in so far as they relate to anything to be done or complied with by you will be a condition precedent to our liability to make any payment under this policy.

10. Other Insurances

If at the time of any occurrence giving rise to a claim there is any other insurance effected by you or on your behalf providing an indemnity in respect of such claim our liability will be limited to its rateable proportion. If any other insurance is subject to any provision whereby it is excluded from ranking concurrently with this policy in whole or in part or from contributing proportionally our liability under this policy will be limited to any excess beyond the amount which would be payable under such other insurance had this policy not been effected.

11. Policy Interpretation

Each part of this policy is declared to be a separate contract but will be subject to the general definitions, general exclusions and general conditions. All reference to policy will mean any or all operative parts.

12. Premium Adjustment

If any part of the premium is calculated on estimates supplied by you an accurate record will be kept by you containing all information relative thereto and you will allow us to inspect such record. You will within one month from the expiry of each period of insurance supply to us such particulars and information as we may require. The premium for such period will thereupon be adjusted and the difference paid by or allowed to you as the case may be subject always to the minimum premium stipulated.

13. Reasonable Care

You will comply with all regulations imposed by any competent authority and take all reasonable precautions to prevent or minimise accident, injury or damage. In addition you will comply with maker’s recommendations made in respect of equipment insured under this policy.

14. Sanctions

Notwithstanding any other terms of this policy we will be deemed not to provide cover nor will we make any payment or provide any service or benefit to you or any other party to the extent that such cover, payment, service, benefit and/or any business or activity of yours would violate any applicable trade or economic sanctions law or regulation.

15

Part A – Material Damage

Section 1 – Special Definitions

Damage

Damage to the property insured stated in the schedule caused by any of the insured perils stated in the schedule.

Declared Value

Your assessment of the cost of reinstatement of the property insured calculated in accordance with paragraph a) of the reinstatement general definition at the level of costs applying at the inception of each period of insurance ignoring inflationary factors which may operate subsequently together with in so far as the insurance under the item provides due allowances for:

a) the additional cost of reinstatement to comply with European Union and public authority requirements

One Event

The total of all losses arising from one occurrence or all occurrences of a series consequent upon or attributable to one original cause after the application of all the terms and conditions of this part.

Section 2 – The Cover

In the event of Damage occurring during the period of insurance we will pay you the value of the property at the time of its Damage or the cost of repair of the Damage or at our option indemnify you by reinstatement, replacement or repair.

Provided always that our liability under this part will not exceed:

2.1 Contracting Purchasers

If at the time of Damage you have contracted to sell your interest in any building and the purchase has yet to be completed when completion takes place the purchaser will be entitled to the benefit under this part provided always that the property is not otherwise insured.

2.2. Rent

Any item on rent applies only if any building or any portion of it is unfit for occupation in consequence of its Damage and the amount payable will not exceed such proportion of the sum insured on rent as the period necessary for reinstatement bears to the term of rent insured.

16

2.3 Temporary Removal

The following are insured while temporarily removed to premises not in your occupation within the territorial limits:

but excluding:

Section 3 – Special Provisions

1. Mortgagees and Lessors

Any increase in the risk of Damage resulting from any act or neglect of any mortgagor, leaseholder, lessee or occupier of any building will not prejudice the interest of any mortgagee, freeholder or lessor provided always that such increase in risk is without their prior knowledge or authority and that we are notified immediately they become aware of such increase in risk and you pay an additional premium if required.

2. Workmen

Workmen are allowed to work in the buildings for the purposes of effecting any repairs, minor additions and alterations or decorations without prejudice to this insurance.

17

Part B – Business Interruption

Section 1 – Special Definitions

Additional Expenditure

less any sum saved during the Indemnity Period in your normal expenditure which may have been affected in consequence of the Incident.

Estimated Gross Revenue

The amount declared by you to us as representing not less than the Gross Revenue which it is anticipated will be earned by the business during the financial year most nearly concurrent with the period of insurance or a proportionately increased multiple thereof where the Indemnity Period exceeds 12 months.

Gross Revenue

The money paid or payable to you for goods sold and delivered and for services rendered in the course of the business at the premises less the relative cost of purchases and other specific costs as may be applicable to the business.

Incident

Damage by any of the insured perils stated in the schedule to property used by you at the premises for the purpose of the business.

Indemnity Period

The period beginning with the occurrence of the Incident and ending not later than the indemnity period stated in the schedule thereafter during which the results of the business are affected.

Notifiable Disease

Illness sustained by any person resulting from:

One Event

The total of all losses arising from one occurrence or all occurrences of a series consequent upon or attributable to one original cause after the application of all the terms and conditions of this part.

Outstanding Debit Balances

The total amount outstanding in customers’ accounts on the last day of the month preceding an Incident adjusted for:

18

c) any abnormal condition of trade which had or could have had a material effect on the business

so that the adjusted figures will represent as nearly as practicable those which would have applied at the date of the Incident.

Standard Gross Revenue

The Gross Revenue during that period in the 12 months immediately before the date of the Incident which corresponds with the Indemnity Period.

Notes

  1. To the extent which you are accountable to the tax authorities for Value Added Tax all terms in this part will be exclusive of such tax.

  2. For the purpose of these special definitions any adjustment implemented in current cost accounting will be disregarded.

  3. Adjustments will be made to the Standard Gross Revenue as may be necessary to provide for the trend of the business and for variations in or other circumstances affecting the business either before or after the Incident or which would have affected the business had the Incident not occurred so that the adjusted figures will represent as nearly as practicable the results which but for the Incident would have been obtained during the relative period after the Incident.

Section 2 – The Cover

In the event of any Incident during the period of insurance in consequence of which the business carried on by you at the premises be interrupted or interfered with we will pay you in respect of each item stated in the schedule the:

and the amount payable as indemnity will be:

less any sum saved during the Indemnity Period in respect of the charges and expenses of the business payable out of Gross Revenue as may cease or be reduced in consequence of the Incident.

19

Provided always that:

2.1 Automatic Reinstatement of Sum Insured

In the absence of written notice by us or you to the contrary this insurance will not be reduced by the amount of any loss in consideration of which you will pay the appropriate additional premium on the amount of the loss from the date thereof to the expiry of the period of insurance provided always that you take immediate steps to effect such additions to or variations in the protections of the property insured under part A as we may require.

2.2 Book Debts

In the event of an Incident in consequence of which you are unable to trace or establish the Outstanding Debit Balances in whole or in part due to you we will pay you the amount of any loss of Outstanding Debit Balances resulting provided always that:

iii) in total £500,000

20

2.3 Computer Data

This part includes loss or damage to data or information on computer equipment not accompanied by visible and identifiable damage to the data carrying media. Our liability any One Event will not exceed £5,000.

We will not pay for loss or damage occasioned to data or information by defects in the data, information or other records or caused by a design defect, material or workmanship in the computer equipment or any computer software.

2.4 Death of Patron

This part includes loss resulting from interruption or interference with the business in consequence of:

during the period of insurance.

Provided always that:

ii) our liability any one period of insurance will not exceed £25,000.

2.5 Notifiable Diseases, Vermin and Murder or Suicide

This part includes loss resulting from interruption of or interference with the business carried on by you at the premises in consequence of:

iii) any occurrence of a Notifiable Disease within a radius of 25 miles of the premises

which causes restrictions on the use of the premises on the order of the competent local authority

21

Supplementary Provisions

  1. For the purpose of this clause:

  2. a) Indemnity Period will mean the period during which the results of the business will be affected in consequence of the occurrence, discovery or accident beginning:

    • i) in the case of a), b) and c) above with the date from which the restrictions on the premises are applied and ending not later than the Indemnity Period thereafter

    • ii) in the case of d) above with the date of occurrence or discovery

  3. b) Indemnity Period will mean 3 months

  4. c) in the event that this part includes a clause which deems damage at other sites to be an Incident this clause will not apply to those other sites.

  5. We will not be liable under this clause for any costs incurred in the cleaning, repair, replacement, recall or checking of property.

  6. We will only be liable for the loss arising at those premises which are directly affected by the occurrence, discovery or accident.

  7. Our liability any One Event will not exceed £25,000 or the sum insured whichever is the lesser.

2.6 Professional Accountants’ Fees

We will pay reasonable fees payable by you to your professional accountants for producing any particulars or details contained in your accounts or other documents which may be required by us under the conditions of this part for the purpose of investigating or verifying any claim.

2.7 Public Utilities and Prevention of Access

Any loss as insured under this part resulting from interruption of or interference with the business in consequence of damage to property at the undernoted sites within the territorial limits will be deemed to be an Incident:

a) any generating station or sub-station of any public electricity supplier

b) any land-based premises of any public gas supplier or any natural gas producer linked directly to them

from which you obtain electricity, gas, water or telecommunications services

22

Section 4 – Special Provisions

1. Alternative Trading

If during the Indemnity Period goods are sold or services provided elsewhere than at the premises for the benefit of the business either by you or by others on your behalf the money paid or payable in respect of such sales or services will be brought into account in arriving at the Gross Revenue during the Indemnity Period.

2. Payments on Account

At our discretion payments on account may be made to you during the Indemnity Period but in no case will any payment exceed our liability in respect of reduction in Gross Revenue of each item for the period in respect of which a payment is to be made.

Section 5 – Special Condition

1. Premium Adjustment

The premium is provisional and based upon the Estimated Gross Revenue.

Not later than 6 months after the expiry of each period of insurance you will supply to us a declaration confirmed by your professional accountants of the Gross Revenue earned during the financial year most nearly concurrent with the period of insurance.

If any Incident has occurred giving rise to a claim the declaration will be increased by us for the purposes of premium adjustment by the amount by which the Gross Revenue was reduced during the financial year solely in consequence of the Incident.

If the declaration adjusted as provided for above and proportionately increased where the Indemnity Period exceeds 12 months:

23

Insured Perils to Parts A and B

Applicable to parts A and B.

1. Fire

Fire but excluding damage to property or business interruption caused by:

a) explosion resulting from fire

c) its undergoing any heating process or any process involving the application of heat.

Lightning.

Explosion:

a) of gas used for domestic purposes only

b) of boilers used for domestic purposes only; and

c) in respect of part B of any other boilers or economisers on the premises

but excluding damage or business interruption caused by earthquake.

2. Explosion Explosion excluding:

which requires an examination to comply with any statutory regulation unless such vessel, machinery or apparatus is the subject of a policy or other contract providing the required inspection service.

3. Aircraft Aircraft or other aerial devices or articles dropped from them.

4. Riot and Malicious Persons

Riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances or malicious persons excluding:

24

5. Earthquake

Earthquake.

6. Subterranean Fire Subterranean fire.

7. Storm and Flood

Storm or flood excluding damage or business interruption:

b) caused by frost, subsidence, ground heave or landslip

8. Escape of Water or Beer

Escape of water or beer from any tank, apparatus or pipe excluding damage or business interruption:

a) caused by water discharged or leaking from any automatic sprinkler installation

b) in respect of any building which is empty or not in use for more than 30 consecutive days.

9. Impact

Impact by any road vehicle or by goods falling therefrom or by any animal.

10. Breakage or Collapse of Television, Radio or Mobile Telephone Signal Receiving Apparatus

Breakage or collapse of television, radio or mobile telephone signal receiving apparatus.

11. Falling Trees or Branches

Falling trees or branches.

12. Leakage of Oil

Leakage of oil from any fixed oil-fired heating installation including smoke and smudge damage arising from defective vaporization.

13. Glass

In the event of accidental breakage of fixed glass not otherwise insured at the premises for which you are legally responsible we will pay you the reasonable cost of:

We will not pay for:

iii) damage caused by insured perils 1 to 12, 14 or 15 whether insured or not.

25

14. Subsidence

Subsidence or ground heave of any part of the site on which the property stands or landslip excluding:

iii) coastal or river erosion

at the same premises.

Supplementary Condition

This cover will be invalidated if the risk of damage or business interruption is increased without our written consent by reason of demolition, groundworks, excavation or construction being carried out on any adjoining site.

15. Theft

Theft involving:

or any attempt at such theft other than:

iii) from a vending machine unless other property at the premises suffers damage at the same time

unless specifically mentioned as insured.

We will also indemnify you for the cost of:

26

16. All Other Damage

Being all risks of accidental damage to the property insured excluding:

but this will not exclude subsequent damage or business interruption which itself results from a cause not otherwise excluded

27

but this will not exclude:

accidental damage

iii) acts of fraud or dishonesty

iv) 1) disappearance 

  - 2) unexplained or inventory shortage, misfiling or misplacing of information

  - 3) bookkeeping, accounting or billing errors or omissions

  - 4) shortages due to error or omission

h) damage to:

iii) glass other than fixed glass, china, earthenware, marble or other fragile or brittle objects

28

Part C – ‘All Risks’

Section 1 – Special Definition

Damage

Damage to property insured stated in the schedule resulting from a cause not otherwise excluded.

Section 2 – The Cover

In the event of Damage occurring during the period of insurance within the territorial limits we will at our option indemnify you by payment, reinstatement, replacement or repair.

Provided always that our liability will not exceed:

2.1 Computer Breakdown

Any insurance under this part on computer equipment includes the actual breaking or burning out of any part while actually in use arising from either mechanical or electrical defect including fluctuations in power supply or derangement to the computer equipment causing sudden stoppage of its functions and necessitating repair replacement or rearrangement before it can resume working provided always that such computer equipment is covered by a maintenance contract, leasing contract or guarantee providing for repair or replacement. Our liability any One Event will not exceed £5,000.

Section 3 – Special Exclusions

This part does not cover:

1. Changes in Environment or Mechanical or Electrical Breakdown damage caused by or consisting of:

but this will not exclude subsequent damage which itself results from a cause not otherwise excluded

2. Computer Systems Records

damage to data processing media and computer systems records caused by:

3. Confiscation

confiscation, destruction or detention by customs or other authorities

29

4. Consequential Loss

consequential loss of whatsoever nature

5. Deliberate Act or Extranet or Intranet Provider

damage caused by the deliberate act of withholding the provision of extranets or access to or presence on the internet or access to application and related services over the internet but this will not exclude such damage not otherwise excluded which itself results from a defined peril

6. Deliberate Act of Service Suppliers

damage caused by the deliberate act of a supplier in withholding water, gas, electricity, fuel or telecommunications services but this will not exclude such damage not otherwise excluded which itself results from a defined peril

7. Depreciation, Gradually Operating Changes and Faulty or Defective Design or Workmanship

damage caused by or consisting of:

but this will not exclude subsequent damage which itself results from a cause not otherwise excluded

8. Fraud or Dishonesty

damage arising from any act of fraud or dishonesty committed or connived at by any director, employee or volunteer

9. Maintenance and Testing

damage caused by any testing, commissioning, repairing, adjusting, treatment, servicing or maintenance operation

10. Riot, Civil Commotion or Strike

damage contributed to, caused by or arising from riot, civil commotion, strike or locked-out workers occurring outside Great Britain, the Isle of Man and the Channel Islands

11. Theft from Unattended Motor Vehicles

theft from an unattended motor vehicle unless:

30

12. Unexplained Losses

damage caused by or consisting of disappearance, unexplained or inventory shortage, misfiling or misplacing of information or shortages due to error or omission.

Section 4 – Special Provision

1. Underinsurance

If at the commencement of Damage a sum insured under any item is less than the value of the property covered under that item you will be considered as being your own insurer for the difference and the amount payable will be proportionately reduced.

For the avoidance of doubt solely in respect of any item under this policy that is declared to be subject to underinsurance clause c) iii) of general condition 5 will not apply.

31

Additional Covers to Parts A and C

Applicable to parts A and C

1. Automatic Reinstatement of Sum Insured

In the absence of written notice by us or you to the contrary this insurance will not be reduced by the amount of any loss in consideration of which you will pay the appropriate additional premium on the amount of the loss from the date thereof to the expiry of the period of insurance provided always that you take immediate steps to effect such additions to or variations in the protections of the property insured as we may require.

2. Capital Additions and Alterations These parts include:

a) any newly acquired buildings or contents not otherwise insured within the territorial limits

b) completed alterations, additions or improvements to buildings or contents

but not in respect of any appreciation in value during the current period of insurance at any of the premises insured.

Provided always that:

iii) the provisions of this clause will be fully maintained notwithstanding any specific insurance effected under ii) above.

3. Debris Removal

The insurance under each item includes an amount in respect of reasonable costs and expenses necessarily incurred with our consent in:

the property insured following Damage.

4. Drains and Gutters

These parts include reasonable costs and expenses necessarily incurred with our consent in cleaning or clearing drains, sewers or gutters following Damage to your property or property for which you are legally responsible provided always that our liability any One Event will not exceed £10,000.

32

5. European Union and Public Authority Requirements (including Undamaged Property) Subject to the following Supplementary Conditions these parts in respect of buildings and contents include the additional cost of reinstatement including demolition and site clearance incurred solely by reason of the necessity to comply with the stipulations of:

hereinafter referred to as ‘the Stipulations’ in respect of Damage to the property insured and undamaged portions thereof.

We will not pay for:

Supplementary Conditions

  1. The work of reinstatement must be commenced and carried out without delay and in any case must be completed within 12 months of the Damage or within such further time as we may allow during the said 12 months and may be carried out upon another site if the Stipulations so necessitate subject to our liability under this clause not being increased.

  2. If our liability in respect of any item under these parts apart from this clause is reduced by the application of any of the terms and conditions of these parts then our liability under this clause will be reduced in like proportion.

  3. The total amount recoverable under this clause will not exceed:

  4. a) in respect of the property suffering Damage:

    • i) 15% of its sum insured

    • ii) where the sum insured under the item applies to property at more than one premises 15% of the amount for which we would have been liable had the property insured under the item at the premises where the Damage has occurred been wholly destroyed

  5. b) in respect of undamaged portions of property other than foundations 15% of the total amount for which we would have been liable had the property insured under the item at the premises where the Damage has occurred been wholly destroyed.

33

6. Fire Extinguishment

These parts include reasonable costs and expenses necessarily incurred by you for:

following Damage.

Provided always that our liability any One Event will not exceed £10,000.

7. Landscaped Gardens

These parts include reasonable costs and expenses necessarily incurred with our consent in making good damage caused by the emergency services to landscaped gardens or grounds at the premises caused by Damage but excluding:

a) the cost of movement of soil other than as necessary for surface preparation

b) the failure of trees, shrubs, plants or turf to become established following replanting

Provided always that our liability any One Event will not exceed £10,000.

8. Metered Water

These parts include the cost of metered water for which you are legally responsible arising from its escape.

Provided always that:

9. Non-Invalidation

This insurance will not be invalidated by any act or omission or by any alteration whereby the risk of Damage is increased unknown to you provided always that you immediately on becoming aware give us notice and pay an additional premium if required.

10. Trace and Access

In the event of damage resulting from insured perils 8 or 12 if insured these parts include the reasonable costs and expenses necessarily incurred with our consent in locating the source of such damage and the subsequent making good of any damage caused provided always that our liability any One Event will not exceed £10,000.

34

11. Unauthorised Use of Electricity, Gas or Water

These parts include the cost of metered electricity, gas or water for which you are legally responsible arising from its unauthorised use by persons taking possession, keeping possession or occupying the premises without your authority.

Provided always that:

a) all practicable steps are taken to terminate such unauthorised use as soon as it is discovered

b) our liability any One Event will not exceed £10,000.

12. Underground Services

These parts include accidental damage to oil tanks, piping, ducting, cables, wires and associated control gear and accessories serving the buildings but only to the extent of your legal responsibility provided always that our liability any One Event will not exceed £1,000.

35

Special Provisions to Parts A and C

Applicable to parts A and C.

1. Designation

For the purposes of determining where necessary the heading under which any property is insured we agree to accept the designation in your records.

2. Other Interests

It is agreed that various parties may have a legal interest in a portion of the property insured and you undertake to declare the name, nature and extent of any interest of such party at the time of Damage.

3. Professional Fees

The insurance under each item on buildings and contents includes an amount in respect of reasonable architects’, surveyors’, legal and consulting engineers’ fees necessarily incurred in the reinstatement or repair of the property insured consequent upon its Damage but not for preparing any claim.

4. Subrogation Waiver

5. Underinsurance

The sum insured under each item other than those applying solely to debris removal, professional fees, rent or private dwelling houses is declared to be separately subject to underinsurance.

If at the commencement of Damage a sum insured under any item which is declared to be subject to underinsurance is less than the value of the property covered under that item you will be considered as being your own insurer for the difference and the amount payable will be proportionately reduced.

For the avoidance of doubt solely in respect of any item under this policy that is declared to be subject to underinsurance clause c) iii) of general condition 5 will not apply.

36

Special Conditions to Parts A and C

Applicable to parts A and C.

1. Fire Extinguishing Appliances

Fire extinguishing appliances will be serviced and maintained under an annual service contract arranged by you with a competent service provider.

This part will not be invalidated as a result of any defect in any of the said appliances unknown to you or beyond your control.

2. Intruder Alarm Installation

In respect of any intruder alarm system in your custody and control and required by us it is a condition precedent to our liability in respect of Damage that:

you will notify us immediately and will take immediate steps to effect such additions to or variations in the protections of the property insured as we may require; and

37

3. Physical Protection

It is a condition precedent to our liability that:

38

Exclusions to Parts A, B and C

We will not pay for:

Applicable to part A:

1. Consequential Loss

consequential loss of whatsoever nature except loss of rent if insured

2. Excesses

each claim arising from the following insured perils will be subject to the excess applying to each and every loss at each and every separate premises:

3. Property More Specifically Insured

any property more specifically insured

Applicable to parts A and B:

4. Pollution or Contamination

damage to property caused by or business interruption resulting from pollution or contamination but this will not exclude damage or business interruption not otherwise excluded caused by:

5. Property Excluded

in respect of part A unless specifically mentioned as insured and in respect of part B:

6. Riot or Civil Commotion

damage to any property or business interruption arising from riot or civil commotion unless these perils are specified and then only to the extent stated

39

Applicable to part C:

7. Excess

any excess which will apply to each and every loss

Applicable to parts A, B and C:

8. Electronic Risks

9. Northern Ireland

damage or business interruption in Northern Ireland occasioned by or happening through or in consequence directly or indirectly of civil commotion

10. Terrorism

loss, damage, consequential loss, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not provided under these parts the burden of proving that cover is provided under these parts will be upon you.

40

Endorsements

Applicable only where stated in the schedule

1. Reinstatement Basis

Subject to the following Supplementary Conditions the basis upon which the amount payable in respect of buildings and contents is to be calculated will be reinstatement.

Supplementary Conditions

  1. Our liability for the repair of partially damaged property will not exceed the amount which would have been payable had such property been wholly destroyed.

  2. No payment beyond the amount which would have been payable in the absence of this clause will be made:

  3. a) unless reinstatement commences and proceeds without delay

  4. b) until the cost of reinstatement has been incurred

  5. c) if the property insured at the time of its Damage is insured by any other insurance effected by or on your behalf which is not on the same basis of reinstatement.

  6. All the terms and conditions of this part will apply:

  7. a) in respect of any claim payable under the provisions of this clause except in so far as they are varied hereby

  8. b) where claims are payable as if this clause had not been incorporated.

  9. If at the time of reinstatement the sum representing 85% of the cost which would have been incurred in reinstating the whole of the property covered under any item subject to this clause exceeds its sum insured at the commencement of any Damage our liability will not exceed that proportion of the amount of the Damage which the said sum insured bears to the sum representing the total cost of reinstating the whole of such property at that time.

2. Index Linking

Where stated in the schedule the sum insured will be adjusted during the period of insurance in accordance with fluctuations in indices selected by us.

In the event of Damage the sum insured will continue to be adjusted in accordance with fluctuations in the indices during the period necessary for completion of reinstatement or repair provided always that reinstatement or repair is carried out without delay.

The premium will remain unchanged during the period of insurance but at each renewal the premium will be calculated on the revised sum insured.

3. Unoccupied Buildings

Immediately you become aware you will notify us when any building becomes empty or not in use or when such building or a portion of it becomes occupied and you will:

Immediately you become aware that any building is empty or not in use you will:

41

4. Reinstatement Day One Non Adjustable Basis

For any item where you have stated in writing the Declared Value (shown in brackets below the sum insured) the premium for each item has been calculated accordingly.

Supplementary Conditions

  1. At the inception of each period of insurance you will provide us with the Declared Value of the property to be insured under each item. In the absence of a declaration the last amount declared by you will be taken as the Declared Value for the ensuing period of insurance.

  2. All the terms and conditions of this part will apply where claims are payable as if this clause had not been incorporated except the sum insured will be limited to the percentage of the Declared Value stated in the schedule.

  3. Endorsement 1 Supplementary Condition 4 is held to read ‘If at the time of Damage the Declared Value of the property covered by an item is less than the cost of reinstatement at the inception of the period of insurance then our liability for Damage will not exceed that proportion which the Declared Value bears to such cost of reinstatement.

5. Automatic Fire Alarm Installation

It is a condition precedent to our liability in respect of Damage that for any automatic fire alarm installation in your custody or control you will:

6. Basement Storage

It is a condition precedent to our liability that all property kept in any cellar, basement or sub-basement will be kept on racks or shelves at least 15 cm above floor level.

7. Firebreak Doors and Shutters

It is a condition precedent to our liability that you will maintain any firebreak doors and shutters in your custody or control in efficient working order and such firebreak doors and shutters will be kept closed except during working hours.

42

Part D – Money

Section 1 – Special Definitions

Bodily Injury

Accidental injury excluding illness, disease or any naturally occurring condition or degenerative process or any gradually operating cause.

Loss of Limb

Total loss by physical separation at or above the wrist or ankle or permanent total loss of use of an entire hand, arm, foot or leg.

Loss of Sight

Permanent and total loss of sight:

Non-Negotiable Money

Any crossed cheque, crossed bankers’ or giro draft, crossed money order, crossed postal order and premium savings bond.

Person Insured

Any person aged between 16 and 69 years inclusive excluding:

Usual Occupation

The occupation of the Person Insured as shown in your records at the date of sustaining Bodily Injury.

Weekly Earnings

The gross average weekly earnings from you of the Person Insured during the 52 weeks preceding the date of sustaining Bodily Injury.

Section 2 – The Cover

In the event of physical loss of money from a cause not otherwise excluded arising during the period of insurance we will pay you the amount of such loss not exceeding any limit stated in the schedule.

2.1 Damage to Property

This part includes damage as a direct result of theft or attempted theft of money to:

43

2.2 Personal Injury

If during the period of insurance any Person Insured sustains Bodily Injury arising from theft or attempted theft of money as a result of which death or disablement occurs independently and exclusively of any other cause within 24 months of sustaining such Bodily Injury we will pay you the sum stated in the table of benefits.

Table of Benefits

  1. Death, Loss of Limb or Loss of Sight £10,000

  2. Permanent total disablement other than stated in 1) above from engaging in Usual Occupation £10,000

  3. Temporary disablement from engaging in Usual Occupation for a Normal Weekly maximum period of 104 weeks from date of disablement Earnings up to £150 per week

Provided always that:

i) no benefit will be payable until the whole amount has been ascertained and agreed

iii) we will not pay under more than one of 1) or 2) above.

2.3 Replacement Safe or Strongroom Locks

This part includes the cost not exceeding £1,000 of replacing safe or strongroom locks made necessary by the theft of keys from your premises or from the private residence of any adult person authorised to hold such keys but excluding such cost where the keys have been left on the premises while closed for business or unattended.

Section 3 – Special Exclusions

This part does not cover any loss of money:

1. Cash Dispensers

from any automated teller machine or cash dispenser

2. Employee Dishonesty

due to fraud or dishonesty on the part of any director, employee or volunteer but this exclusion will not apply to loss arising from fraud or dishonesty which is discovered within 72 hours provided always that:

a) such loss is not recoverable under a fidelity, employee dishonesty or similar policy of insurance

b) our liability will not exceed the amount stated in the schedule against item 2 c) i)

3. Error or Omission

arising from error or omission in receipts, payments or accounting practice

44

4. Malfunction of Machine

resulting from gradual deterioration, mechanical or electrical defect, breakdown or malfunction of any franking, dispensing or similar machine

5. Security Company

in the custody and control of a security company or similar organisation except for the amount of any loss which cannot be recovered from the security company or similar organisation by legal means but not exceeding the relevant limit stated in the schedule

6. Terrorism

loss, damage, consequential loss, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not provided under this part the burden of proving that cover is provided under this part will be upon you

7. Transit by Post

in the mail other than sent by special delivery

8. Unattended Vehicles

in excess of £100 from an unattended vehicle.

Section 4 – Special Conditions

1. Accompaniment

We will not be liable for any loss of money in transit unless accompanied by persons aged 16 years or over as follows:

Amount Carried Minimum Number of Persons
Up to £3,000 1
Over £3,000 and up to £7,500 2
Over £7,500 and up to £10,000 3
Over £10,000 specialist security organisation

2. Records of Money

You will keep a complete account of money in transit and on your premises and will deposit such record in a secure place other than in a safe or strongroom containing the money.

3. Security of Safe and Strongroom Keys and Combination Codes It is a condition precedent to our liability that whenever the office, room or area in which a safe or strongroom containing money is situated is unattended:

45

Part E – Public and Products Liability

Section 1 – Special Definitions

Clean Up Costs

Costs and Expenses

ii) defending in any court of summary jurisdiction any proceedings in respect of any act or omission

relating to any event which may be the subject of indemnity under this part.

Employee

Any natural person who is:

and working for you in connection with the business while under your direct control or supervision.

Enforcing Authority

Any government or statutory authority or body implementing or enforcing environmental protection legislation within the territorial limits.

Financial Loss

Loss or damage other than arising from Injury or damage to property.

Geographical Limits

a) The territorial limits

46

Injury

Bodily injury, illness or disease (including death).

Pollution or Contamination

a) Pollution or contamination of buildings or other structures or of water, land or the atmosphere; and

b) loss or damage or Injury directly or indirectly caused by such pollution or contamination.

Products

Goods or anything including packaging, containers, labels and instructions sold, supplied, hired out, constructed, erected, installed, treated, repaired, serviced, processed, stored, handled, transported or disposed of by you or on your behalf in the business.

Remediation

Remedying the effects of Pollution or Contamination including primary, complementary and compensatory actions as specified in the Environmental Damage (Prevention and Remediation) Regulations 2009.

Section 2 – The Cover

We will indemnify you in respect of all sums which you may become legally liable to pay as damages in respect of:

occurring during the period of insurance within the Geographical Limits in the business.

In addition to the limit of indemnity we will pay Costs and Expenses.

2.1 Contingent Motor Liability

We will also indemnify you in respect of your legal liability for accidental injury to any person or accidental damage to property arising out of the use of any motor vehicle not the property of nor provided by you and being used in the business.

Provided always that we will not be liable:

47

2.2 Corporate Manslaughter and Corporate Homicide Act 2007 We will also indemnify you in respect of legal costs and expenses incurred with our prior written consent in connection with the defence of any criminal proceedings including any appeal against conviction arising from any such proceedings brought in respect of a charge and or investigations connected with a charge of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007 or any equivalent legislation in the Channel Islands or the Isle of Man committed or alleged to have been committed during the period of insurance in the course of the business.

Provided always that:

48

2.3 Costs of Criminal Proceedings

We will also indemnify you and at your request any director, Employee or volunteer against:

occurring during the period of insurance in the business including legal costs and expenses incurred with our prior consent in any appeal against conviction arising from such proceedings.

Provided always that this indemnity will not apply to:

2.4 Court Attendance Costs

In addition to the limit of indemnity we will pay you the daily rates stated below if any of these people are required to attend court as a witness at our request:

2.5 Defective Premises Act 1972

We will also indemnify you in respect of your legal liability under Section 3 of the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order 1975 in connection with premises which have been disposed of by you.

Provided always that we will not be liable:

49

2.6 Environmental Clean Up Costs

We will indemnify you in respect of all sums including statutory debts that you are legally liable to pay in respect of Clean Up Costs arising from environmental damage caused by Pollution or Contamination where such liability arises under an environmental directive, statute or statutory instrument.

Provided always that:

Exclusions

We will be under no liability:

  1. in respect of Clean Up Costs for damage to your land, premises, watercourse or body of water whether owned, leased, hired, tenanted or otherwise in your care, custody or control

  2. for damage connected with pre-existing contaminated property

  3. for damage caused by a succession of several events where such individual event would not warrant immediate action

  4. 4 in respect of removal of any risk of an adverse effect on human health on your land, premises, watercourse or body of water whether owned, leased, hired, tenanted or otherwise in your care, custody or control

  5. in respect of costs in achieving an improvement or alteration in the condition of the land, atmosphere or any watercourse or body of water beyond that required under any relevant and applicable law or statutory enactment at the time Remediation commences

  6. in respect of costs for prevention of imminent threat of environmental damage where such costs are incurred without there being Pollution or Contamination caused by a sudden, identifiable, unintended and unexpected incident

  7. for damage resulting from an alteration to subterranean stores of groundwater or to flow patterns

  8. in respect of costs for the reinstatement or reintroduction of flora or fauna

  9. for damage caused deliberately or intentionally by you or where they have knowingly deviated from environmental protection rulings or where you have knowingly omitted to inspect, maintain or perform necessary repairs to plant or machinery for which they are responsible

  10. in respect of fines or penalties of any kind

  11. for damage caused by the ownership or operation on behalf of you of any mining operations or storage, treatment or disposal of waste or waste products other than caused by composting, purification or pre-treatment of waste water

  12. for damage which is covered by a more specific insurance policy

50

  1. for damage caused by persons aware of the defectiveness or harmfulness of products they have placed on the market or works or other services they have performed

  2. for damage caused by disease in animals belonging to or kept or sold by you.

2.7 Financial Loss

We will also indemnify you in respect of all sums which you may become legally liable to pay as damages for Financial Loss arising as a result of a negligent act or accidental error or accidental omission committed or alleged to have been committed within the Geographical Limits by any employee or volunteer in, about or in consequence of their duties arising out of the business occurring during the period of insurance.

In addition to the limit of indemnity we will pay Costs and Expenses.

We will not pay for Financial Loss:

2.8 Indemnity to Other Persons

In the event of any claim in respect of which you would be entitled to receive indemnity under this part being brought or made against:

we will indemnify such person if you so request against such claim and/or any costs, charges and expenses in respect thereof.

Provided always that:

2.9 Joint Liabilities

If you comprises more than one party we will indemnify each party as though a separate policy had been issued to each of them.

51

2.10 Legionella

We will also indemnify you in respect of all sums which you may become legally liable to pay as damages in respect of Pollution or Contamination caused by or arising from any discharge, release or escape of legionella or other airborne pathogens from water tanks, water systems, air-conditioning plants, cooling towers and the like.

Provided always that:

Special exclusion 8 will not apply to this clause.

You will at inception of this clause and annually thereafter provide to us details of the number of premises owned or operated by you where cooling towers and or evaporative condensers are present.

2.11 Personal Liability

At your request this part will apply to the personal liability of any:

Provided always that:

52

iii) we will not be liable:

Section 3 – Special Exclusions

This part does not cover:

1. Aircraft Products

liability arising from Products which at the time of the contract of sale or supply are knowingly sold or supplied for use in craft designed to travel through air or space

2. Airports

liability arising out of flying operations and activities incidental to such operations in respect of any airport owned or operated by you

3. Courts Jurisdiction

any claim made or brought:

a) in the United States of America or Canada or territories under their jurisdiction

4. Exports to the USA or Canada

liability arising from Products which at the time of the contract of sale or supply are knowingly exported to the United States of America or Canada

5. Foreign Operations

any associated or subsidiary company of yours or branch office or representative of yours with power of attorney domiciled outside the territorial limits

6. Liquidated or Punitive Damages

any amount in respect of:

a) liquidated damages, fines or penalties which attach solely because of a contract or agreement

53

7. Motor

liability arising from the ownership or possession or use by you or on your behalf of any mechanically propelled motor vehicle, plant or attachment of the motor vehicle:

Provided always that this exclusion will not apply in respect of:

8. Pollution or Contamination

liability in respect of Pollution or Contamination other than caused by a sudden identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the period of insurance. All Pollution or Contamination which arises out of one incident will be deemed to have occurred at the time such incident takes place

9. Professional Advice, Design or Specification

Injury or damage arising out of professional advice, design or specification given by you for a fee or in circumstances where a fee would normally be charged but this exclusion will not apply to damage to property other than that which is the subject of such professional advice, design or specification

10. Property Damage and Defective Work

54

11. Property Held in Trust

damage to property belonging to you or in either your or any Employee’s custody and control or held in trust by or borrowed, rented, leased or hired for use by you but this exclusion will not apply to:

12. Replacing or Rectifying Products

replacing, reinstating, rectifying, recalling, removing, repairing or guaranteeing the performance of Products or making a refund on the price of any Product or damage to the Products themselves

13. Vessels and Craft

liability arising from the ownership or possession or use by you or on your behalf of craft designed to travel through air or space, hovercraft or watercraft other than waterborne vessels not exceeding 10 metres in length used on inland waterways.

Section 4 – Special Provisions

1. Discharge of Liability

We may at any time pay any limit of indemnity after deduction of any sum or sums already paid or any lower amount for which any claim or claims can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

2. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit (other than any limit otherwise stated) and applies to any claim or series of claims arising from any one cause except for claims caused by:

where in respect of each the limit of indemnity stated applies in the aggregate in any one period of insurance.

3. Limit of Indemnity – Terrorism

The limit of indemnity in respect of any claim against or by you or series of claims against or by you arising directly or indirectly from a single act of terrorism will be £5,000,000.

55

Part F – Hirers’ Liability

Section 1 – Special Definitions

Agreement

The tenancy, rental or other contract between you and the Hirer concerning the use of the premises.

Costs and Expenses

ii) defending in any court of summary jurisdiction any proceedings in respect of any act or omission

relating to any event which may be the subject of indemnity under this part.

Hirer

Any person or organisation hiring the premises under an Agreement with you.

Injury

Bodily injury, illness or disease (including death).

Pollution or Contamination

Section 2 – The Cover

We will indemnify the Hirer in respect of all sums which the Hirer may become legally liable to pay as damages in respect of:

occurring during the period of insurance arising out of the activities of the Hirer at the premises.

In addition to the limit of indemnity we will pay Costs and Expenses.

56

Section 3 – Special Exclusions

This part does not cover:

1. Courts Jurisdiction

any claim made or brought:

2. Defective Work and Damage to Products

3. Excess

the first £100 of each and every claim for damage to the premises or contents caused other than by fire or explosion

4. Liquidated or Punitive Damages

any amount in respect of:

a) liquidated damages, fines or penalties which attach solely because of a contract or agreement

5. Motor

liability arising from the ownership or possession or use by on behalf of the Hirer or any person entitled to indemnity under this part of any mechanically propelled motor vehicle or any attached trailer (or broken away after attachment) which is licensed for road use and for which compulsory insurance or security is required.

6. Political or Business Use

liability arising out of the use of the premises for:

a) any meetings organised by any political party

7. Products Liability

liability caused by products including containers, packaging, labelling and instructions sold, supplied, repaired, altered, treated, erected or installed by the Hirer

8. Pollution or Contamination

liability in respect of Pollution or Contamination other than caused by a sudden identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the period of insurance.

57

9. Professional Advice, Design or Specification

liability arising out of professional advice, design or specification provided by the Hirer or anything used or supplied in such connection

10. Vessels and Craft

liability arising from the use of or caused by any craft designed to travel through air or space or hovercraft or watercraft.

Section 4 – Special Provisions

1. Discharge of Liability

We may at any time pay any limit of indemnity after deduction of any sum or sums already paid or any lower amount for which any claim or claims can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

2. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit (other than any limit otherwise stated) and applies to any claim or series of claims arising from any one cause except for claims caused by Pollution or Contamination where the limit of indemnity stated applies in the aggregate in any one period of insurance.

3. Limit of Indemnity – Terrorism

The limit of indemnity in respect of any claim or series of claims arising directly or indirectly from a single act of terrorism will be the limit of indemnity or £5,000,000 whichever is the lesser.

58

Part G – Employers’ Liability

Section 1 – Special Definitions

Costs and Expenses

ii) defending in any court of summary jurisdiction any proceedings in respect of any act or omission

relating to any event which may be the subject of indemnity under this part.

Employee

Any natural person who is:

and working for you in connection with the business while under your direct control or supervision.

Injury

Bodily injury, illness or disease (including death).

Section 2 – The Cover

We will indemnify you in respect of all sums which you may become legally liable to pay as damages in respect of Injury caused during the period of insurance to any Employee arising out of and in the course of their employment by you in the business.

In addition to any claim for damages we will pay Costs and Expenses.

2.1 Corporate Manslaughter and Corporate Homicide Act 2007

We will also indemnify you in respect of legal costs and expenses incurred with our prior written consent in connection with the defence of any criminal proceedings including any appeal against conviction arising from any such proceedings brought in respect of a charge and or investigations connected with a charge of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007 or any equivalent legislation in the Channel Islands or the Isle of Man committed or alleged to have been committed during the period of insurance in the course of the business.

Provided always that:

59

2.2 Court Attendance Costs

We will pay you the daily rates stated below if any of these people are required to attend court as a witness at our request:

2.3 Health and Safety at Work Defence Costs

We will also indemnify you and at your request any director, Employee or volunteer against:

in the defence of any criminal proceedings arising from an alleged breach of the Health and Safety at Work etc. Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978 occurring during the period of insurance in the course of the business including in any appeal against conviction arising from such proceedings.

60

Provided always that this will not apply to:

2.4 Indemnity to Other Persons

We will also indemnify at your request:

Provided always that:

2.5 Unsatisfied Court Judgments

If any Employee or their personal representative obtains a judgment from a court within the territorial limits for damages for Injury against any company or individual operating from premises within the territorial limits and that judgment remains unpaid for more than 6 months after the date of the award we will pay at your request the amount of any unpaid damages and awarded costs to the Employee or their personal representative.

Provided always that:

If a payment is made the Employee or their personal representative will assign the judgment to us.

61

Section 3 – Special Exclusions

This part does not cover:

1. Motor liability for which compulsory motor insurance or security is required under road traffic legislation

2. Work Offshore

liability for Injury caused:

a) on any offshore installation or support or accommodation vessel for any offshore installation

3. Work Overseas

liability in respect of any Injury caused outside the territorial limits but this exclusion will not apply to any Employee temporarily employed in non manual work elsewhere provided always that the contract of service or apprenticeship for such work was entered into within the territorial limits and that the Employee is normally resident in and travelling from the territorial limits.

Section 4 – Special Provisions

1. Limit of Indemnity

Our liability will not exceed the sum stated in the schedule including all costs and expenses (other than any limit otherwise stated) and any limit applies to any claim or series of claims arising from any one cause.

2. Limit of Indemnity – Terrorism

The limit of indemnity in respect of any claim or series of claims arising directly or indirectly from terrorism is £5,000,000.

62

Part H – Libel and Slander

Section 1 – Special Definition

Costs and Expenses

Section 2 – The Cover

We will indemnify you in respect of all sums which you may become legally liable to pay as damages for:

for which a claim is first made against you and notified to us during the period of insurance or within 12 months of this part ceasing to operate.

Provided always that:

In addition we will pay Costs and Expenses.

2.1 Indemnity to Other Persons

We will also indemnify under the terms of this part at your request any director or employee.

Provided always that:

iii) any person claiming indemnity:

63

Section 3 – Special Exclusions

This part does not cover:

1. Courts Jurisdiction

any claim made or brought:

2. Excess

the excess stated in the schedule which will apply to each and every claim or series of claims arising from one publication or utterance

3. Exemplary or Punitive Damages

any amount in respect of exemplary or punitive damages

4. Malicious Falsehood or Injurious Falsehood liability arising from malicious falsehood or injurious falsehood.

Section 4 – Special Provisions

1. Claims Notification

The notification to us in writing during the period of insurance or the extended 12 months reporting period allowed for under this part after cessation of any circumstances that might give rise to a claim under this part will constitute a claim first made against you during the period of insurance in which the notification is received even though no notification of any claim has been received from a third party.

2. Discharge of Liability

We may at any time pay the maximum amount payable under this part (after deduction of any sum already paid) or any lower amount for which any claim can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

3. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit in respect of the insurance provided under this part (including all Costs and Expenses) and applies in the aggregate to:

64

Part I – Motor

Section 1 – Special Definitions

Accessories

excluding electronic equipment temporarily sited in and removable from the Vehicle being powered from a cigarette lighter or accessory socket.

Certificate

The current certificates of motor insurance issued by us.

Costs and Expenses

iii) defending in any court of summary jurisdiction any proceedings in respect of any act or omission

which may be the subject of indemnity under this part.

Driver

Any person driving the Vehicle and entitled to do so under the terms of the Certificate.

Geographical Limits

a) The territorial limits

and during transit (including the process of loading and unloading) by a recognised sea route not normally exceeding 65 hours between ports within any country where cover is provided.

65

Insured Person

a) You

iii) the owner of a Vehicle on hire or loan or leased to you

Licence

Licence to drive a motor vehicle of the same class as the Vehicle.

Minibus

A motor vehicle with between 9 and 16 (inclusive) Passenger seats.

Passenger

Any person other than the Driver travelling in or on or getting into or out of the Vehicle or any Trailer or disabled motor vehicle attached to the Vehicle.

Pollution or Contamination

Pollution or contamination of buildings or other structures or of water, land or the atmosphere.

Road

Anywhere within the Geographical Limits where compulsory motor insurance legislation is operative.

Trailer

Any trailer which is your property or for which you are legally responsible. Trailer does not include a disabled motor vehicle.

Vehicle

Any motor vehicle (excluding a steam driven vehicle) as follows:

c) Commercial Vehicle meaning any motor vehicle other than a Car or Motorcycle

which is insured under this part and described in the Certificate.

Except when you have requested and we have agreed to provide cover Vehicle does not include any motor vehicle registered outside the territorial limits.

66

Section 2 – Extent of Cover

Cover only applies within the Geographical Limits. The extent of cover applicable is as stated in the schedule or any relevant endorsement and the following meanings apply to words or expressions used.

Comprehensive

The full insurance as written in this part.

Third Party Fire and Theft

Section 5 does not apply except for damage to the Vehicle by:

a) fire, lightning, self ignition or explosion

Sections 6 and 7 do not apply.

Third Party

Sections 5, 6 and 7 do not apply.

Third Party Road Risks

Section 4 and Special Provisions 3 and 4 do not apply when liability arises out of death of or bodily injury to any person or damage to property caused or arising beyond the limits of any Road.

Sections 5, 6 and 7 do not apply.

Section 3 – Excesses

When cover is applicable you will be liable to pay or refund to us excesses in the amounts which are stated in the schedule and which apply in respect of claims and expenses as follows.

Accidental Damage

All claims and expenses under section 5 other than claims in respect of:

Fire

All claims and expenses under section 5 in respect of damage to the Vehicle caused by fire, lightning, self-ignition or explosion.

Personal Effects

All claims and expenses under section 6.

Theft

All claims and expenses under section 5 in respect of damage to the Vehicle caused by theft or attempted theft.

67

Windscreen

All claims and expenses under section 5 in respect of breakage of glass in the windscreen, windows or sunroof of the Vehicle or the scratching of bodywork caused by such breakage.

Section 4 – Liability to Third Parties

The Cover

In respect of legal liability for death of or bodily injury to any person and damage to property we will indemnify the Insured Person when liability is caused by or arises out of the use of the Vehicle or in connection with the loading or unloading of the Vehicle.

In addition we will pay Costs and Expenses.

4.1 Disabled Motor Vehicles

In respect of legal liability for death of or bodily injury to any person and damage to property we will indemnify the Insured Person when liability is caused by or arises out of any disabled motor vehicle while attached to the Vehicle. This section will also apply to any disabled motor vehicle detached from the Vehicle and not attached to any other vehicle and being used by you but only to the extent necessary to meet the requirements of any compulsory motor insurance legislation operative within the Geographical Limits.

We will not be liable for:

b) any liability if a disabled motor vehicle is being towed otherwise than in accordance with the law

4.2 Indemnity to Personal Representatives

Following the death of any person entitled to indemnity we will in respect of the liability incurred indemnify such person’s personal representatives.

4.3 Movement of Third Party Vehicles

In respect of legal liability for death of or bodily injury to any person and damage to property we will indemnify you or any principal, director, employee or volunteer of yours when liability is caused by or arises out of the driving or movement of any motor vehicle with or without the authority of the owner:

In these circumstances the motor vehicle will not be regarded as property held in your care, custody or control.

68

We will not pay for:

4.4 Principal’s Clause

In the event of any claim in respect of which you would be entitled to receive indemnity being brought or made against any public or local authority or other principal we will indemnify the said public or local authority or other principal against such claim and/or any costs and expenses in respect thereof.

Provided always that we have the sole conduct and control of all claims.

4.5 Service and Repair

We will indemnify you when the Vehicle is in the custody or control of a member of the motor trade for service or repair.

4.6 Third Party Contingency

In respect of legal liability for death of or bodily injury to any person and damage to property we will indemnify you alone when liability is caused by or arises out of the use of or in connection with any motor vehicle while being used in connection with the business.

Provided always that:

4.7 Unauthorised Use

We will indemnify you in the event of any accident occurring while the Vehicle is being used or driven by any person without your knowledge or consent for any purpose not permitted provided always that you will take all reasonable precautions to ensure that all persons who may use or drive the Vehicle are made aware of the permitted purposes of use as stated in this part.

69

Exclusions to Section 4

This section does not cover:

1. Airside

legal liability directly or indirectly caused by or contributed to by or arising from the Vehicle while in or on that part of any aerodrome, airfield, airport or military installation provided for:

2. Damage

3. Defective Goods or Treatment

death of or bodily injury to any person or damage to property caused by or attributable to:

4. Employers’ Liability

death of or bodily injury to any person arising out of or in the course of that person’s employment by the person claiming indemnity if insurance cover in respect of liability for such death or bodily injury is provided as a requirement of any compulsory employers’ liability legislation within the Geographical Limits

5. Loading or Unloading

death of or bodily injury to any person or damage to property caused or occurring beyond the limits of any Road in connection with:

by any person other than the Driver or attendant of such Vehicle

6. Other Insurances

any person other than you if that person is entitled to indemnity under any other insurance

70

7. Pollution or Contamination

death of or bodily injury to any person or damage to property directly or indirectly caused by Pollution or Contamination unless the Pollution or Contamination is directly caused by a sudden, identifiable, unintended and unexpected incident which occurs in its entirety at a specific time and place during the period of insurance.

All Pollution or Contamination which arises out of one incident will be deemed to have occurred at the time such incident took place

8. Terrorism

any amount in excess of the sum stated in the schedule inclusive of Costs and Expenses or the minimum amount required by the compulsory motor insurance legislation in the country in which the insured event occurs whichever is the greater directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not provided under this part the burden of proving that cover is provided under this policy will be upon you

9. Tool of Trade

death of or bodily injury to any person or damage to property caused by or arising while a Commercial Vehicle or plant forming part of such Commercial Vehicle or attached thereto is working as a tool of trade

This exclusion does not apply to any:

b) forklift truck

10. Unlicensed Drivers

liability if to the knowledge of the Insured Person the Driver does not hold a Licence unless the Driver has held and is not disqualified from holding or obtaining such a Licence

11. Wrongful Delivery

death of or bodily injury to any person or damage to property directly or indirectly caused by:

a) delivery of a load where such delivery was not authorised, not ordered or unlawful

b) delivery whether correctly or incorrectly carried out to your customer of goods which do not conform strictly to the specification of or the order for the goods made by such customer.

Exclusions 1, 3, 7, 9, and 11 will not apply in circumstances where it is necessary to meet the requirements of any compulsory motor insurance legislation operative within the Geographical Limits. Exclusion 10 will not apply in respect of section 4.5.

71

Provision to Section 4

1. Limit of Indemnity

Our liability will not exceed the sum stated in the schedule or such greater sum as may be required by the compulsory motor insurance legislation in the country in which the insured event occurs.

Section 5 – Damage to Vehicles

The Cover

We will indemnify you against damage to the Vehicle and Accessories of the Vehicle.

Other than in respect of 5.2 New for Old the indemnity will not exceed the market value of the Vehicle immediately before such damage.

5.1 Customs Duty

We will indemnify you against liability for the enforced payment of customs duty where such liability arises directly from damage covered under this section.

5.2 New for Old

If any Car within one year of first registration is:

we will replace it with a new Car of the same manufacturer and of the same or like type provided always that:

ii) any other interested party known to us consents; and

iii) such a replacement is available.

5.3 Other Charges

We will indemnify you against general average contribution and salvage and sue and labour charges incurred during the transportation of the Vehicle by sea.

Provided always that:

5.4 Recovery and Re-delivery

We will indemnify you for the reasonable cost of removing the Vehicle from the place where damage occurred to the premises of the nearest competent repairer and re-delivery to you within the territorial limits after repair.

5.5 Service and Repair

We will indemnify you when the Vehicle is in the custody or control of a member of the motor trade for service or repair.

72

5.6 Theft of Keys

If the keys or any other removable ignition device or lock transmitter for the Vehicle are stolen by forcible and violent means or robbery we will at your request pay up to £500 in respect of any one occurrence for each Vehicle to replace:

Provided always that:

ii) this indemnity will not exceed the market value of the Vehicle immediately before damage; and

iii) we will not be liable for the cost of replacing any alarms or security devices fitted to the Vehicle.

5.7 Unauthorised Use

We will indemnify you for damage while the Vehicle is being used or driven by any person without your knowledge or consent for any purpose not permitted provided always that you will take all reasonable precautions to ensure that all persons who may use or drive the Vehicle are made aware of the permitted purposes of use as stated in this part.

Exclusions to Section 5

This section does not cover:

1. Deception

damage caused by deception

2. Diminution in Value

any diminution in the value of the Vehicle

3. Sonic Bangs

damage to the Vehicle caused directly by pressure waves from aircraft or other aerial devices travelling at sonic or supersonic speeds

4. Theft when Keys Used

damage caused by theft or attempted theft while the ignition key or any other removable ignition device of the Vehicle has been left in or on the Vehicle

5. Wear and Tear, Depreciation, Loss of Use, Breakdown or Damage to Tyres

a) wear and tear

b) depreciation

c) loss of use

d) mechanical, electrical, electronic or computer breakage, failure or breakdown

e) damage to tyres caused by braking or by cuts, punctures or bursts.

73

Provisions to Section 5

1. Hire Purchase and Leasing Agreements

If to our knowledge the Vehicle is the subject of a hire purchase or leasing agreement any payment for damage to the Vehicle which is not made good by repair or replacement may at our discretion be made to the owner whose receipt will be a full discharge of our liability.

2. Repairs

You may authorise reasonable and necessary repairs without previously obtaining our consent provided always that notification in accordance with general condition 3 is given to us without delay and a detailed estimate of the costs of repair is sent to us as soon as possible.

Section 6 – Personal Effects

The Cover

We will at your request provide indemnity up to £150 for any one occurrence in respect of damage to personal effects while in or on the Vehicle.

The owner’s receipt will be a full discharge of our liability.

Exclusions to Section 6

This section does not cover:

1. Goods or Samples

goods or samples carried in connection with any business

2. Money or Securities

money, credit, debit or charge cards, stamps, cheques, bonds securities or documents of any description.

Section 7 – Medical Expenses

The Cover

We will pay you medical expenses incurred by the Driver or any other person travelling in or on the Vehicle following injury caused by violent, accidental, external and visible means in direct connection with the Vehicle.

Our liability under this section is limited to £250 in respect of each person injured.

Section 8 – Optional Extensions

Applicable only where stated in the schedule

T. Continuing Hire Charges

If you become liable to pay for continuing hire charges incurred under a contract with the owner of a motor vehicle on temporary hire to you as a direct result of damage caused to such vehicle and which is the subject of indemnity under Section 5 we will pay such charges for a period not exceeding 120 days from the date of the occurrence provided always that:

a) we will not be liable for the first 72 hours of such charges

b) the amount payable in respect of any one occurrence will not exceed the sum stated in the schedule.

74

U. Occasional Business Use

At your request this part will apply in respect of any Car not the property of or hired, lent or provided by you while being used in connection with the business by any director, employee or volunteer.

General condition 10 will not apply.

V. Loss of No Claim Discount or Excess

Special Definitions

Excess

The first part of each and every claim under a car or motorcycle policy which is not compulsorily imposed.

No Claim Discount

A discount allowed by an insurer by way of a reduction from normal premium payable in recognition of a period or periods of insurance without claim under a car or motorcycle policy.

Insured Person

Any director, employee or volunteer authorised by you to use a car or motorcycle in connection with the business.

The Cover

We will indemnify the Insured Person in respect of:

incurred as a result of an accident occurring within the territorial limits involving a car or motorcycle which at the time of the accident was being used by the Insured Person in connection with the business.

Exclusions

We will not pay for:

i) £500 for loss of or reduction in No Claim Discount

ii) £150 for payment of an Excess

for any Insured Person in any period of insurance

Supplementary Conditions

  1. In the event of loss of No Claim Discount we will pay the loss of or reduction in the ensuing years No Claim Discount between that earned and that which would have been earned had the accident not occurred.

  2. The calculation of the amount to be paid will be based on the scale of No Claim Discount in force at the time of the accident.

75

  1. On request the Insured Person will provide from their car or motorcycle insurer evidence stating:

  2. a) the amount of No Claim Discount permanently lost

  3. b) the scale of No Claim Discount

  4. c) the date of the accident and location

  5. d) the amount and reason the Excess applied.

W. Hiring Charges

If damage to the Vehicle gives rise to a valid claim under section 5 we will indemnify you in respect of the cost of hiring a replacement motor vehicle of a similar model and performance provided always that:

X. Termination Charges

We will indemnify you in respect of any termination or penalty charge incurred by you in respect of the early termination of any Car lease agreement entered into by you provided always that:

Section 9 – Special Exclusions

This part does not cover:

1. Contractual Liability or Liquidated Damages

any liability assumed by you by agreement which would not have attached in the absence of such agreement and any indemnity in respect of liquidated damages or under any penalty clause

2. Earthquake or Riot

any accident, death, bodily injury or damage to property except under section 4 arising during or in consequence of:

76

3. Lessor Negligence

the owner of a Vehicle leased to you where liability is caused by the negligence of such owner or the servant or agent of such owner

4. Unauthorised Use

any claim while the Vehicle is with your general consent being:

This exclusion will not apply to claims under sections 4.5 and 5.5

5. Unlicensed Drivers

any claim while the Vehicle is being driven:

This exclusion will not apply to claims under special provision 5.

Section 10 – Special Provisions

1. Declared Trailers

The cover as stated in the schedule applies to any Trailer declared to us by identification mark as if it was a Vehicle while attached to or detached from the Vehicle and not attached to any other vehicle.

We will not be liable for:

2. Discharge of Liability

We may at any time pay any limit of indemnity after deduction of any sum already paid or any lower amount for which any claim can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

3. Joint Liabilities

If you comprises more than one party we will indemnify each party as though a separate policy had been issued to each of them provided always that the total amount of indemnity to all such parties will not exceed the amount payable if you comprised only one party and in any event will not exceed the relevant limit of indemnity.

77

4. Undeclared Trailers

The cover applicable to the Vehicle applies to any Trailer attached to the Vehicle. Section 4 will also apply to a Trailer detached from the Vehicle and not attached to any other vehicle and being used by you but only to the extent necessary to meet the requirements of any compulsory motor insurance legislation operative within the Geographical Limits.

We will not be liable for:

a) any liability if a Trailer is being towed otherwise than in accordance with the law

5. Unlicensed Drivers

The requirement of the Certificate that the Driver must hold a Licence or have held and not been disqualified from holding or obtaining such a Licence will not apply in circumstances where a Licence to drive is not required by law.

Provided always that:

Section 11 – Special Conditions

1. Our Rights

We will be entitled to possession and ownership of the Vehicle or its remains if any payment is made for actual or constructive total loss of the Vehicle or under section 5.2.

2. Vehicle Information You will supply details of any Vehicle whose use is insured by this part as required by the relevant law applicable within Great Britain and Northern Ireland for entry on the Motor Insurance Database.

3. Vehicle Maintenance You will at all times maintain the Vehicle in an efficient and roadworthy condition.

4. Vehicle Security You will take all reasonable steps to safeguard the Vehicle from damage.

78

Part J – Motor Legal Expenses and Uninsured Loss Recovery

Section 1 – Special Definitions

Appointed Lawyer

The lawyer or other suitably qualified person appointed under special condition 1 to act for the Insured Person.

Geographical Limits

Any territory where cover is provided under part I.

Insured Person

The user of and any passenger (other than a fare paying passenger) in or on the Vehicle.

Legal Expenses

Reasonable costs necessarily incurred by the Appointed Lawyer on ’a standard basis’ and costs incurred by opponents in civil cases where the Insured Person is held liable to pay such costs or pays them with our consent.

Limit of Indemnity

£100,000 per claim.

Vehicle

Any vehicle insured under part I.

Section 2 – The Cover

In respect of an accident causing:

a) damage to the Vehicle or property carried in or on the Vehicle

b) bodily injury to an Insured Person while in or on the Vehicle

we will pay Legal Expenses in pursuing a claim for the recovery of uninsured loss or death or bodily injury caused to the Insured Person provided always that:

iii) any person seeking the benefit of this cover does so with your consent.

79

Section 3 – Special Exclusions

We will not pay for:

Section 4 – Special Conditions

1. Claims Procedures

a) Insured Person’s Responsibilities

An Insured Person must:

b) Our Rights

We:

If we and the Insured Person disagree about the choice of Appointed Lawyer or about the handling of a claim we and the Insured Person can choose another suitably qualified person to decide the matter. We and the Insured Person must both agree to this in writing. If we cannot agree with the Insured Person about the choice of the second suitably qualified person we will ask the president of a relevant national law society to choose a suitably qualified person. If the Insured Person loses the disagreement they will have to pay the costs of settling it. If we lose the disagreement we will pay the costs of settling it.

80

Before an Insured Person chooses a lawyer we can appoint an Appointed Lawyer

81

Part K – Inspection Contract

How we use personal information

We hold personal information in accordance with the Data Protection Act 1998. The information supplied to us by you may be held on computer. You should show this to anyone whose personal information may be processed in connection with this contract.

We use a variety of security technologies and procedures to help protect personal information from inappropriate use, and we will continue to revise procedures and implement additional security features as new technology becomes available.

We may use personal information for statistical analysis, management information, market research, systems integrity testing, and risk management. We will only share personal information as described in this notice or where we are required or allowed to do so by law.

We may record or monitor telephone calls for security and regulatory purposes.

Contract administration

In order to administer your inspection contract we may share personal information provided to us with other companies within the Zurich Insurance Group and with business partners including companies inside and outside the European Economic Area. If we do transfer personal information we make sure that it is appropriately protected.

Fraud prevention and detection

In order to prevent and detect fraud we may at any time:

a) share information about you with other organisations including the police

b) conduct searches using publicly available databases

d) check and share your details with fraud prevention and detection agencies.

If false or inaccurate information is provided and fraud is identified details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering for example when:

a) checking details on applications for credit and credit related to other facilities

b) managing credit and credit related accounts or facilities

c) recovering debt and tracing beneficiaries

d) checking details on proposals and claims for all types of insurance

e) checking details of job applicants and employees

f) checking details on the inspection contract and reports.

Please contact us if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

82

Data protection rights

Individuals have certain rights under the Data Protection Act 1998, including the right to ask for a copy of the information we hold about them. We may make a small charge for this. Individuals also have the right to ask us to correct their information if it is inaccurate.

If you want to know more about how we use personal information or have any data protection questions, please contact the Data Protection Officer, Zurich Insurance plc, 3000 Parkway, Whiteley, Fareham, Hants, PO15 7JZ.

Section 1 – Special Definitions

Competent Person

The competent person is Zurich Management Services Limited who employ engineer surveyors, senior engineers or other technical persons.

Contract Price

The amount payable for the Inspection Service as varied from time to time in accordance with special condition 2 during the period of contract.

Inspection

An examination of Plant which:

Inspection Interval

The interval between Inspections as set out in statutory regulations and/or written schemes of examination where applicable or any additional Inspections as stated in the item specification.

Inspection Service

An Inspection of Plant at Inspection Intervals and provision of a Report.

Normal Working Hours

Between 08.00 hours and 17.00 hours Monday to Friday except for public holidays.

Plant

The machinery and equipment stated in the item specification.

Report

A document in our standard format issued electronically and/or on paper that provides details of the Plant inspected and the Inspection that was undertaken.

Site

The locations stated in the item specification.

83

Section 2 – Scope of the Inspection Service

We will provide you with the Inspection Service for Plant at the Site in accordance with the terms and conditions of this contract during the period of contract.

Where you require that the Inspection Service is to be carried out in accordance with specific statutory regulations the scope of the Inspection Service will in so far as is possible under the terms of this contract be in accordance with the terms of those statutory regulations and any respective relevant guidance or any relevant approved code of practice. The Report will identify the regulations and any relevant guidance or any code of practice that apply.

Where the Inspection Service is carried out in accordance with any specific statutory regulation the Competent Person will possess all necessary skills, experience and qualifications to the extent required under the applicable statutory regulation.

Where you do not require that the Inspection Service is carried out in accordance with specific statutory regulations or no such regulations apply the scope of the Inspection Service will in so far as is possible under the terms of this contract be as instructed by you and agreed by us or in the absence of such an instruction as specified by us.

The scope of the Inspection Service will be limited by the extent to which you have prepared the Plant for Inspection. In this event the Report will fully describe the scope of the Inspection. In the event that the Plant or part of the Plant cannot be located or is not made available by you for Inspection the Report will indicate that the Plant or the relevant part of the Plant could not be inspected and will give the reason for this.

The Report may bring to your attention other noticeable and obvious defects that fall outside the scope of the Inspection although no obligation to do so exists. The impact of such other defects are to be assessed by you and are your sole responsibility.

The Inspection Service will not cover the preparation, operation, repair or maintenance of Plant.

Section 3 – Additional Services

We may negotiate with you and agree to provide additional services. You acknowledge that unless otherwise agreed in this manner additional services will not be included in the scope of the Inspection Service. Additional services include:

84

Section 4 – Special Conditions

1. Cancellation

We may cancel this contract by giving 30 days written notice by special delivery mail to you at any time throughout the duration of this contract without further obligation subject to any accrued rights and the payment of the Contract Price for Inspection Services which have already been performed to the effective date of termination.

We or you will have the right at any time by giving written notice by special delivery mail to the other to immediately terminate this contract on or after the happening of any of the following events:

2. Contract Price

You agree that we will adjust the Contract Price at the end of the period of contract to take into account:

3. Force Majeure

We will not be liable for any delay or for the consequences of any delay in performing our obligations under this contract if such delay is due to any cause beyond our reasonable control and will be entitled to a reasonable extension of time for performance of such obligations.

4. Liability of you and us

85

5. Obligations of the Parties

a) Ours

We will:

b) Yours

You:

86

87

Part L – Plant Protection

Section 1 – Special Definitions

Boiler and Pressure Plant

Those parts of the permanent structure including fittings and direct attachments of Plant subject to steam or other fluid pressure excluding except where specifically stated in the item specification:

Breakdown

Collapse

The sudden and dangerous distortion whether or not attended by rupture of any item of Boiler and Pressure Plant caused by crushing stresses by force of steam or other fluid pressure other than pressure of ignited flue gases.

Damage

Sudden and unforeseen damage.

Electrical and Mechanical Plant

All integral parts of Plant including the individual switchgear for a motor and the wiring between the motor and its switchgear or between a generator and switchboard excluding foundations, masonry or brickwork.

Explosion

The sudden and violent rending of any item of Boiler and Pressure Plant by force of internal steam or other fluid pressure (other than pressure of chemical action or of ignition of the contents or of ignited flue gases) causing bodily displacement of any part of such Plant together with forcible ejection of the contents.

Lifting and Handling Plant

88

excluding except where specifically stated in the item specification fixing bolts or appliances or the track upon which such Plant works.

Own Surrounding Property

Property belonging to you or in your custody or control other than:

Plant

Machinery and equipment stated in the item specification the subject of a concurrent plant inspection contract with Zurich Management Services Limited and kept at the Site.

Site

The locations stated in the item specification.

Storage Tank

Any permanently installed enclosed receptacle used for storage of fuel oil including supply and delivery piping excluding:

Section 2 – The Cover

In the event of Damage occurring during the period of insurance we will pay you the value of the property insured at the time of its Damage or the cost of repair of the Damage or at our option indemnify you by reinstatement, replacement or repair provided always that our liability will not exceed the amount stated in the schedule as the limit of indemnity in respect of all claims arising out of any one occurrence or arising out of all occurrences of a series consequent upon or attributable to one original cause.

The cover provided is determined by cover code as defined below and stated in the item specification against the item or type of Plant to which it applies.

Cover Code AD – Extraneous Damage

Damage to Plant which necessitates immediate repair or replacement to enable normal working to continue excluding Damage caused by Breakdown, Explosion or Collapse.

Cover Code B – Breakdown

Damage to any item of Plant caused by its own Breakdown.

Cover Code EC – Explosion and Collapse

Damage to any item of Boiler and Pressure Plant caused by its own Explosion or Collapse.

89

Cover Code G – Lifted Goods

Damage to property belonging to you or in your custody or control occurring while such property is being handled or lifted by an item of Plant and arising out of its use provided always that any appliance for attaching the load to such Plant complies with any statutory obligations concerning its examination and certification.

Cover Code L – Storage Tank Contents

a) Loss of contents of any Storage Tank

as a result of Damage to a Storage Tank for which liability has been admitted by us excluding loss caused by evaporation, seepage or normal trade loss.

Cover Code R – Reinstatement

In the event of Damage to Plant for which a claim is admitted by us the basis upon which the amount payable is to be calculated will be reinstatement subject to the Supplementary Conditions stated in clause 2.6.

Cover Code S – Sudden and Unforeseen Damage

Damage to Plant which necessitates immediate repair or replacement to enable normal working to continue including Damage caused by Breakdown, Explosion and Collapse.

2.1 Capital Additions

This part includes additional Plant which is installed and ready for use at the Site and falling within the description of Plant types already insured under this part.

Provided always that:

2.2 Debris Removal

This part includes reasonable costs and expenses necessarily incurred with our consent in:

We will not pay for any costs or expenses:

90

2.3 European Union and Public Authority Requirements (including Undamaged Property)

Subject to the following Supplementary Conditions this part includes the additional cost of reinstatement incurred solely by reason of the necessity to comply with the stipulations of:

hereinafter referred to as the ‘Stipulations’ in respect of Damage to the property insured and undamaged portions thereof.

We will not pay for:

Supplementary Conditions

  1. The work of reinstatement must be commenced and carried out without delay and in any case must be completed within 12 months of the Damage or within such further time as we may allow during the said 12 months and may be carried out upon another site if the Stipulations so necessitate subject to our liability not being increased.

  2. If our liability under this part apart from this clause is reduced by the application of any of the terms and conditions of this part then our liability under this clause will be reduced in like proportion.

2.4 Expediting Expenses

This part includes reasonable costs and expenses necessarily incurred with our consent in effecting temporary repair and of expediting permanent repair including overtime working and the use of rapid transport provided always that the cost does not exceed £5,000.

2.5 Own Surrounding Property

This part includes Damage to Own Surrounding Property directly resulting from insured Damage to Plant or in the case of Lifting and Handling Plant caused by impact through the normal operation of Plant even though such Plant does not itself suffer Damage excluding Damage to Own Surrounding Property caused by leakage from Plant provided always that the cost does not exceed the limit of indemnity stated in the schedule.

2.6 Reinstatement Basis

Subject to the following supplementary conditions the basis upon which the amount payable in respect of Plant not more than 2 years old and own surrounding property is to be calculated will be reinstatement.

91

Supplementary Conditions

  1. Our liability for the repair of partially damaged property will not exceed the amount which would have been payable had such property been wholly destroyed.

  2. No payment beyond the amount which would have been payable in the absence of this clause will be made:

  3. a) unless reinstatement commences and proceeds without delay

  4. b) until the cost of reinstatement has been incurred

  5. c) if the property insured at the time of its Damage is insured by any other insurance effected by or on your behalf which is not on the same basis of reinstatement.

  6. All the terms and conditions of this part will apply:

  7. a) in respect of any claim payable under the provisions of this clause except in so far as they are varied hereby

  8. b) where claims are payable as if this clause had not been incorporated.

2.7 Temporary Removal

This part includes Damage to Plant while temporarily removed to any other premises or working site within the territorial limits and while in transit other than by sea or air to and from such premises or working site.

Section 3 – Special Exclusions

This part does not cover:

1. Consequential Loss

compensation for loss of use or consequential loss of whatsoever nature

2. Corrosion and Erosion

the cost of rectifying or making good any form of corrosion or erosion howsoever arising but resulting Damage is not excluded

3. Excluded Parts

Damage to:

92

4. Fire and Perils

Damage by fire howsoever caused, lightning, explosion other than Explosion where cover code S or EC applies, aircraft or other aerial devices or articles dropped from them, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, theft or attempted theft, earthquake, subsidence, ground heave, landslip, storm, flood, escape of water from any tank, apparatus or pipe or impact by any vehicle or by goods falling therefrom or by any animal at the Site or at any other premises or working site while temporarily removed

5. Inadequate Maintenance

Damage to any item of Plant caused by or arising from non-compliance by you with the maintenance requirements specified by the Plant manufacturer or supplier

6. Installation

Damage to any item of Plant during its installation, erection or dismantling

7. Known Defects

Damage caused by any faults or defects known to you which existed at the time of commencement of this part whether or not such faults or defects were known to us

8. Modifications

Damage to any item of Plant caused by or arising from modifications to that item beyond the specifications laid down by its manufacturer

9. Multiple Lifts

Damage arising out of any raising or lowering operations in which a single load is shared between any item of Lifting and Handling Plant and any other equipment unless such operation is carried out in accordance with the British or European Code of Practice for the Safe Use of Cranes applying at the time of loss

10. Newly Installed Plant

Damage to any item of Plant due to its own Breakdown, Explosion or Collapse:

a) where it has not successfully completed its performance acceptance tests

b) occurring within 28 days of its initial installation at the Site

11. Product Recall

Damage to any item of Plant caused by or arising from non-compliance by you with a recall notice issued by the Plant manufacturer or supplier

12. Supplier’s Responsibility

Damage for which a manufacturer, supplier, contractor or repairer is responsible to the extent that you are able to recover from such party either by law or under contract

13. Terrorism

loss, damage, consequential loss, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not provided under this part the burden of proving that cover is provided under this part will be upon you

93

14. Testing or Repair

Damage to any item of Plant:

15. Wear and Tear

the cost of rectifying or making good wear and tear, scratching of painted or polished surfaces, gradually developing defects, flaws, deformation, distortion, cracks or partial fractures, loose parts, defective joints or seams but resulting Damage is not excluded.

Section 4 – Special Provisions

1. Obsolete or Foreign Plant

In the event of a claim in respect of Plant which is obsolete or of foreign manufacture and for which replacement parts cannot be supplied by the makers from stock our liability will be limited to the price of corresponding parts of current Plant of similar size and type together with the estimated cost of installing them.

2. Subrogation Waiver

In the event of a claim we agree to waive any right,

remedy or relief to which we might become entitled by subrogation against:

3. Suspension of Cover

We reserve the right at any time to suspend the insurance on any Plant until our requirements for its safe operation have been fulfilled.

Section 5 – Special Condition

1. Access

94

Part M – Deterioration of Stock

Section 1 – Special Definitions

Accident

iii) failure of the electrical installation connecting the Refrigeration Plant to the supplier’s service feeders

Refrigeration Plant

Refrigerators and freezers advised to us.

Replacement Value

The cost of replacing the Stored Goods including the cost of any processing and packaging undertaken by you.

Stored Goods

Chilled or frozen foods contained in the Refrigeration Plant or elsewhere at the premises and which would have been contained in the Refrigeration Plant but for an Accident.

Section 2 – The Cover

In the event of deterioration, putrefaction or contamination of Stored Goods caused by an Accident we will indemnify you in respect of:

less any sum saved in respect of any costs or expenses which may cease or are reduced in consequence of the Accident.

Our liability will not exceed in respect of any one item of Refrigeration Plant the sum insured stated in the schedule.

2.1 Additional Costs

We will also indemnify you in respect of reasonable costs and expenses necessarily incurred by you with our consent for:

95

2.2 Automatic Reinstatement of Sum Insured

In the absence of written notice by us or you to the contrary this insurance will not be reduced by the amount of any loss in consideration of which you will pay the appropriate additional premium on the amount of the loss from the date thereof to the expiry of the period of insurance.

Section 3 – Special Exclusions

This part does not cover:

1. Consequential Loss

Consequential loss of whatsoever nature

2. Fire and Perils

loss in consequence of fire howsoever caused, lightning, explosion, aircraft or other aerial devices or articles dropped from them, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, theft or attempted theft, earthquake, subsidence, ground heave, landslip, storm, flood, escape of water from any tank, apparatus or pipe or impact by any vehicle or by goods falling therefrom or by any animal at the premises or at any other premises or working site while temporary removed

3. Utilities

loss in consequence of a failure of the supply of electricity directly or indirectly due to:

c) the inability of the supplier to maintain the supply system due to industrial action by any of its employees.

Section 4 – Special Provisions

1. Subrogation Waiver

In the event of a claim we agree to waive any right, remedy or relief to which we might become entitled by subrogation against:

2. Underinsurance

If at the commencement of an Accident the sum insured at the premises where the Accident has occurred is less than the total Replacement Value of the Stored Goods thereat you will be considered as being your own insurer for the difference and the amount payable will be proportionately reduced.

For the avoidance of doubt solely in respect of any item under this policy that is declared to be subject to underinsurance clause c) iii) of general condition 5 will not apply.

Section 5 – Special Condition

1. Access

96

Part N – Employee Dishonesty

Section 1 – The Cover

We will indemnify you in respect of loss of money or other property belonging to you or in your trust or custody for which you are legally responsible occurring as a direct result of any act of fraud or dishonesty committed by any person insured stated in the schedule or any volunteer acting alone or in collusion with others during the period of insurance.

Provided always that such loss is discovered not more than 24 months following:

whichever happens first.

1.1 Auditor’s Fees

We will indemnify you in addition to the limit of indemnity in respect of reasonable costs and expenses necessarily incurred by you with our consent in investigating and proving any act of fraud or dishonesty which results in a claim under this part provided always that our liability will not exceed 10% of the amount otherwise payable in respect of such claim.

1.2 Automatic Reinstatement of Limit of Indemnity Upon discovery of a loss leading to a valid claim under this part the limit of indemnity will be reinstated by the amount of such loss as subsequently ascertained.

Provided always that:

Section 2 – Special Exclusions

This part does not cover:

1. Agency Staff

loss caused by any person assigned to perform employee duties for you by an agency if such loss is also covered under an insurance or surety held or indemnity given by the agency

2. Cancellation on Discovery

any act of fraud or dishonesty committed by any director, employee or volunteer after discovery by you or any director, officer, departmental head, senior manager or the equivalent thereof not in collusion with such director, employee or volunteer of any act of fraud or dishonesty committed by that director, employee or volunteer

3. Consequential Loss or Loss of Interest

consequential loss of whatsoever nature or loss of interest

97

4. Internal Transfer

loss of any money or property when such money or property has been transferred from one part of you to another part of you

5. Inventory or Profit and Loss Computation

loss for which an inventory computation or profit and loss computation is the only means of proving either its factual existence or its amount

6. Prior Fraud or Dishonesty

any act of fraud or dishonesty committed by any employee or volunteer from and after the time that you or any director, officer, departmental head, senior manager or the equivalent thereof not acting in collusion with such employee or volunteer will have knowledge or information that such employee or volunteer has committed any act of fraud or dishonesty whether such act be committed before or after the date of commencement of employment by you.

7. Recruitment Procedures

Section 3 – Special Provisions

1. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit in respect of:

The limit of indemnity in respect of any volunteer is £5,000 any one loss.

2. Non-identification

If a loss is alleged to have occurred as a direct result of any act of fraud or dishonesty committed by any person insured and you are unable to discover the identity of the person insured we will indemnify you provided always that the evidence submitted proves beyond reasonable doubt that the loss was caused by any act of fraud or dishonesty of a person insured.

98

3. Our Rights

The commencement of criminal proceedings against any person insured alleged by you to have committed any act of fraud or dishonesty will not be a condition precedent to your right to indemnity under this part but in the event of us being required to indemnify we will be entitled to exercise in your name (but at our expense) for our benefit all your rights of action against the person insured or their estate. This part will be evidence of our leave so to do and you will provide all such assistance as we may require in pursuit of the said rights.

Section 4 – Special Conditions

1. Prosecution

You will if and when required by us but at our expense use all diligence in prosecuting to conviction any person by whose act of fraud or dishonesty a claim is made under this part.

2. Valuation of Securities

We will not be liable in respect of securities for more than the actual cash value thereof at the close of business on the business day preceding the day on which the loss was discovered.

99

Part O – Personal Accident

Section 1 – Special Definitions

Accident

Activity

Official duties in connection with the business including journeys directly connected therewith and direct travel between private residence and place of duty.

Annual Earnings

whichever is the greater.

Assault

Loss of Limb

Total loss by physical separation at or above the wrist or ankle or permanent loss of use of an entire hand, arm, foot or leg.

Loss of Sight

Permanent and total loss of sight:

Person Insured

As stated in the schedule.

Usual Occupation

The occupation or profession of the Person Insured as stated in your records at the time of the bodily injury.

Weekly Earnings

The gross average weekly earnings from you of the Person Insured during the 52 weeks preceding the time of sustaining bodily injury.

100

Section 2 – Accident

The Cover

In the event of any Person Insured while engaged in the Activities sustaining bodily injury by Accident other than Assault during the period of insurance as a result of which death or disablement occurs independently and exclusively of any other cause within 24 months of sustaining such bodily injury we will pay you such of the amounts payable under section 7 as are applicable.

In the event of the disappearance of any Person Insured we will after a reasonable time has elapsed and upon production of evidence to our satisfaction that the death of the Person Insured as the sole and direct result of an Accident may reasonably be presumed pay the amount of benefit subject to receiving an undertaking in writing to refund the sum so paid if such death is subsequently found not to have occurred.

We will also provide indemnity in respect of damage to personal effects consisting of money, articles of clothing, footwear and other property worn or carried by the Person Insured when such damage arises as a result of the Person Insured sustaining bodily injury for which we are liable to pay benefit under this section provided always that we will not pay more than the sum of £5,000 in respect of damage to personal effects of any one Person Insured.

Section 3 – Assault

The Cover

In the event of any Person Insured while engaged in the Activities sustaining bodily injury by Assault during the period of insurance as a result of which death or disablement occurs independently and exclusively of any other cause within 24 months of sustaining such bodily injury we will pay you such of the amounts payable under section 7 as are applicable.

In the event of the disappearance of any Person Insured we will after a reasonable time has elapsed and upon production of evidence to our satisfaction that the death of the Person Insured as the sole and direct result of an Assault may reasonably be presumed pay the amount of benefit subject to receiving an undertaking in writing to refund the sum so paid if such death is subsequently found not to have occurred.

We will also provide indemnity in respect of damage to personal effects consisting of money, articles of clothing, footwear and other property worn or carried by the Person Insured when such damage is sustained as a result of Assault arising out of or in the course of the Activities during the period of insurance provided always that we will not pay more than the sum of £5,000 in respect of damage to personal effects of any one Person Insured.

Section 4 – Special Exclusions

This section does not cover bodily injury or provide indemnity for damage:

1. Excluded Activities

caused by the Person Insured racing other than on foot

2. Excluded Causes

caused by the Person Insured being intoxicated or using illegal drugs, committing or attempting suicide or deliberately self-harming, participating in civil commotion or riot or deliberately exposing themselves to unnecessary danger except in an attempt to save human life

101

3. Non-Passenger Air Travel

caused by air travel other than as a passenger in a licensed passenger carrying aircraft

4. Terrorism

directly or indirectly arising out of, contributed to by or resulting from actual, threatened, feared or perceived use of biological, chemical, radioactive or nuclear agent, material, device or weapon.

Section 5 – Special Provisions

1. Death Benefit Limitation

The amount payable in respect of death for any Person Insured:

at the time of sustaining bodily injury is limited to £7,500.

2. Incident Limit

If the aggregate amount payable under this part in respect of any one incident exceeds the sum stated in the schedule the amount payable for each Person Insured will be proportionately reduced until the total is equal to the sum stated in the schedule.

3. Persons over 75

For persons over 75 years of age the table of benefits is limited to items 1 and 2 only. The amount payable will be the capital sum stated in the schedule or £10,000 whichever is the lesser.

4. Single Person Limit The amount payable in respect of any one Person Insured will not exceed the sum stated in the schedule.

Section 6 – Special Conditions

1. Claims Procedures

On the happening of any circumstance which could give rise to a claim or on receiving verbal or written notice of any claim you will within 30 days of such event and at your own expense supply full details of the claim in writing to us together with any evidence and information that may be reasonably required by us for the purpose of investigating or verifying the claim including evidence of death or injury with a report from a qualified medical practitioner if required.

In the case of non-fatal injury we will be entitled to call for an examination by a qualified medical practitioner appointed by us whenever required by us and in the event of death to have a post mortem examination.

2. Proficiency in Activity Undertaken and Precautions

It is a condition precedent to our liability that in respect of:

102

Section 7 – Table of Benefits

Amount Payable Amount Payable
The following percentage
of the capital sum
Item stated in the schedule
1. Death, Loss of Limb or Loss of Sight 100%
2. Permanent total disablement other than as stated in Item 1
from engaging in or giving attention to Usual Occupation 100%
3. Permanent partial disablement not otherwise provided for above:
a)
total loss of hearing		 60%
b) total loss of hearing in one ear 15%
c)
complete loss of use of hip or knee or ankle		 20%
d) removal of the lower jaw by surgical operation 30%
e)
fractured leg or foot with established non-union		 25%
f)
fractured knee cap with established non-union		 20%
g) shortening of a leg by at least 3 centimetres 15%
h) loss by amputation or complete loss of use of: Right
Left
i) one thumb 20%
17½%
ii) one index fnger 15% 12½%
iii) any other fnger 10%
7½%
iv) one big toe 10%
10%
v) any other toe 3% 3%
i)
complete loss of use of shoulder or elbow		 25%
20%
j)
complete loss of use of wrist		 20%
15%
4. Permanent facial disfgurement to an extent of not less than
5 square centimetres of scar tissue in the area from the hairline
to and including the lower jaw and ears 10%
5. In respect of loss of or damage to teeth or dentures the cost of dental
treatment or repair or replacement of dentures up to a maximum of 2½%
6. Temporary total disablement from engaging in or giving attention to the weekly
Usual Occupation for a maximum period of 104 weeks from date of sums stated
disablement in the schedule
7. Temporary partial disablement from engaging in or giving 50% of the
attention to Usual Occupation for a maximum period of weekly sums stated
104 weeks from date of disablement in the schedule

103

Provisions to the Table of Benefits

1. Applicable to Item 2 If after expiry of 52 weeks of consecutive disablement the Person Insured is still totally disabled from engaging in or giving attention to Usual Occupation but the medical evidence is such that it cannot be said that disablement is permanent and total then payments will be made for as long as total disablement continues for a period not exceeding 10 years. Payments will be at an annual rate of 10% of the benefit provided under Item 2 and will be made by half yearly instalments in arrears. The first payment will be made 18 months after commencement of disablement in respect of the first 18 months of disablement.

2. Applicable to Item 3

3. Applicable to Item 6 and 7

4. Maximum Payment to Any Person Insured No payment will be made under Items 1 to 5 of the table of benefits in the aggregate in excess of the capital sum stated in the schedule in respect of any one Person Insured arising from the same incident.

104

Part P – Legal Expenses

Section 1 – Special Definitions

Appointed Representative

The lawyer or other suitably qualified person who has been appointed to act for the Insured Person in accordance with the terms of this part.

Aspect Enquiry

An examination by HM Revenue & Customs which considers one or more specific aspects of your selfassessment tax return.

Costs and Expenses

1. Accountant’s Costs

Reasonable costs and expenses necessarily incurred by the Appointed Representative.

2. Attendance Expenses

The Insured Person’s salary or wages for the time that the Insured Person is off work to attend any court, tribunal, arbitration or disciplinary hearing or regulatory proceeding at the request of the Appointed Representative or while attending jury service. We will pay for each half or whole day that the court, tribunal, regulatory authority or the Insured Person’s employer will not pay for.

The amount we will pay is based on the following:

3. Legal Costs

Date of Occurrence

105

Full Enquiry

An extensive examination by HM Revenue & Customs which considers all aspects of your tax affairs excluding those enquiries which are limited to one or more specific aspects of your self-assessment tax return.

Incident

Loss under any section stated in the schedule as operative.

Insured Person

a) You and any director or employee

Tax Intervention Enquiry

An examination by HM Revenue & Customs to measure the level of compliance in your financial accounting records to highlight areas where errors have or may occur.

Territorial Limits

Section 2 – The Cover

In the event of an Incident we will indemnify the Insured Person:

106

Provided always that:

For any Incident we will help in appealing or defending an appeal as long as the Insured Person tells us within the time limits that they want to appeal. Before we pay any Costs and Expenses for appeals we must agree that it is always more likely than not that the appeal will be successful.

Our liability for:

Section 3 – Employment Disputes, Compensation Awards and Service Occupancy

A) Employment disputes

  1. We will defend your legal rights:

  2. a) following:

  3. i) any demand for monetary compensation by a prospective employee, employee or ex-employee

  4. ii) any request for reinstatement by an employee or ex-employee

  5. b) in proceedings in respect of any dispute with:

  6. i) an employee, ex-employee or trade union acting on behalf of an employee or ex-employee which arises out of or relates to a contract of employment with you

  7. ii) an employee, prospective employee or ex-employee arising from an alleged breach of their:

    • 1) statutory rights under employment legislation

    • 2) civil rights in relation to their work or application to work as your employee

107

Exclusions to Section 3 A)

We will not provide indemnity in respect of or arising from or relating to:

B) Compensation Awards

We will pay:

in respect of a claim which we have accepted under section 3 A) 1.

Provided always that:

iii) in cases relating to performance or conduct you have throughout the employment dispute:

108

Exclusions to Section 3 B)

We will not provide indemnity in respect of or arising from or relating to:

iii) civil claims against or statutory rights in relation to trustees of occupational pension schemes

C) Service Occupancy

We will negotiate for your legal rights against an employee or ex-employee to recover possession of premises owned by you or for which you are legally responsible.

Exclusion to Section 3 C)

We will not provide indemnity in respect of or arising from or relating to any claim for defending your legal rights other than defending a counter-claim.

Section 4 – Legal Defence

  1. At your request we will defend the Insured Person’s legal rights:

  2. a) prior to the issue of proceedings when dealing with the police, Health & Safety Executive or Local Authority Health & Safety Enforcement Officer where it is alleged that the Insured Person has or may have committed a criminal offence

  3. b) following an event which leads to the Insured Person being prosecuted in a court of criminal jurisdiction

  4. c) if civil action is taken against the Insured Person for compensation under Section 13 of the Data Protection Act 1998 and we will pay any compensation award made provided always that on the Date of Occurrence the Insured Person is registered with the Information Commissioner.

109

  1. At your request we will represent the Insured Person:

  2. a) at a formal investigation conducted by the Commission for Racial Equality, Equal Opportunities Commission, Disability Rights Commission or Equality Commission for Northern Ireland following a complaint by or against an Insured Person

  3. b) at a formal investigation or disciplinary hearing by any other relevant authority noted by endorsement to this part

  4. c) in appealing against the imposition or terms of any Statutory Notice issued under legislation affecting the business.

  5. We will defend your legal rights in respect of civil action taken against you for wrongful arrest arising from an accusation of theft alleged to have been carried out during the period of insurance.

  6. We will represent you in appealing against the refusal of the Information Commissioner to register your application for registration.

  7. We will pay the Attendance Expenses of the Insured Person for jury service.

Exclusion to Section 4

We will not provide indemnity in respect of any claim:

Section 5 – Property Protection and Bodily Injury

A) Property Protection

We will negotiate for your legal rights in any civil action relating to material property which is owned by you or your responsibility following:

  1. any event which causes or could cause physical damage to such material property

  2. any nuisance or trespass.

Exclusions to Section 5 A)

We will not provide indemnity in respect of or arising from or relating to:

110

B) Bodily Injury

At your request we will negotiate for an Insured Person’s or their family member’s legal rights following an event which causes the death of or bodily injury to them.

Exclusions to Section 5 B)

We will not provide indemnity in respect of or arising from or relating to:

Section 6 – Tax Protection

A) Full or Aspect Enquiries

We will negotiate on your behalf and represent you in any appeal proceedings in respect of a Full Enquiry or Aspect Enquiry.

B) Tax Intervention Enquiries

We will negotiate on your behalf and represent you in any dealings with HM Revenue & Customs in respect of a Tax Intervention Enquiry.

C) Employer’s Compliance

We will negotiate on your behalf and represent you in any appeal proceedings in respect of a dispute concerning your compliance with Pay As You Earn or Social Security Regulations following a review by HM Revenue & Customs.

D) VAT Disputes

We will negotiate on your behalf and represent you in any appeal proceedings following an assessment issued by HM Revenue & Customs in respect of Value Added Tax due.

Provided always that:

Exclusions to Section 6

We will not provide indemnity in respect of or arising from or relating to:

111

Section 7 – Contract Disputes

We will negotiate for your legal rights in a contractual dispute arising from that agreement or that alleged agreement which has been entered into by you or on your behalf for the purchase, hire, sale or provision of goods or of services provided always that:

Exclusions to Section 7

We will not provide indemnity in respect of or arising from or relating to:

iii) a loan, mortgage, pension, investment or borrowing

112

Section 8 – Debt Recovery

We will negotiate for your legal rights including enforcement of judgment to recover money and interest due from the sale or provision of goods or services provided always that:

Exclusions to Section 8

We will not provide indemnity in respect of or arising from or relating to:

Section 9 – Statutory Licence Protection

We will represent you in appealing to the relevant statutory or regulatory authority, court or tribunal following an event which results in a licensing or regulatory authority suspending or altering the terms of, refusing to renew or cancelling your licence, statutory registration or British Standard Certificate of Registration.

Exclusions to Section 9

We will not provide indemnity in respect of or arising from or relating to:

Section 10 – Exclusions

  1. We will not provide indemnity in respect of or arising from or relating to:

  2. a) any claim reported to us more than 180 days after the Insured Person should have known about the Incident

  3. b) any Costs and Expenses incurred before the written acceptance of a claim by us

113

114

  1. When either at the commencement of or during the course of a claim you are bankrupt or have filed a bankruptcy petition or winding-up petition or have made an arrangement with your creditors or have entered into a deed or arrangement or are in liquidation or part or all of your affairs or property are in the care or control of a receiver or administrator except for section 3.

Section 11 – Conditions

1. Acts of Parliament

All Acts of Parliament within this part will include equivalent legislation in Scotland, Northern Ireland, the Isle of Man and the Channel Islands as the case may be.

2. Alteration in Risk

You must notify us immediately of any alteration which may materially affect our assessment of the risk.

3. Arbitration

If we and the Insured Person disagree about the choice of Appointed Representative or about the handling of a claim we and the Insured Person can choose another suitably qualified person to decide the matter. We and the Insured Person must both agree to this in writing. If we cannot agree with the Insured Person about the choice of the second suitably qualified person we will ask the president of a relevant national law society to choose a suitably qualified person. If the Insured Person loses the disagreement they will have to pay the costs of settling it. If we lose the disagreement we will pay the costs of settling it.

4. Claims Procedures

a) Insured Person’s Responsibilities

On the happening of any circumstance which could give rise to a claim or on receiving verbal or written notice of any claim an Insured Person must:

b) Our Rights

We:

115

We may choose not to accept the choice of representative but only in exceptional circumstances. If there is a disagreement over the choice of Appointed Representative another suitably qualified person can be appointed to decide the matter.

Before an Insured Person chooses a lawyer we can appoint an Appointed Representative

5. Long Term Undertaking

If the Employment Risk Management Service is provided under this part you have agreed to offer annually within the currency of this agreement the insurance under this part on the terms and conditions in force at the expiry of each period of insurance and to pay the premium annually in advance it being understood that we will be under no obligation to accept an offer made in accordance with this undertaking.

The above undertaking applies to any part, policy or policies which may be issued by us in substitution for this part or policy and the same discount will be incorporated in the premium on any substituted part or policy issued by us.

Payment of the first or renewal premium will be deemed acceptance by you of this condition.

6. Reasonable Precautions

The Insured Person must:

a) take all reasonable steps to keep any amount we have to pay as low as possible

b) try to prevent anything happening that may cause a claim.

116

Part Q – Trustee and Trust Fund Indemnity

Section 1 – Special Definitions

Costs and Expenses

Costs and expenses incurred with our written consent:

Insured Person

Any person who is, was, or will be a director, trustee, committee member or member of your governing body or any of its subcommittees.

Loss

Maladministration

Any actual or alleged breach of duty, breach of trust, breach of warranty of authority, neglect, error, misstatement, misleading statement, wrongful trading or any other wrongful acts or omissions committed or attempted by or allegedly committed or attempted by any Insured Person while acting in their capacity on behalf of you in connection with the business but not while acting for any entity other than you.

Pollution or Contamination

Pollution or contamination of buildings or other structures or of water, land or the atmosphere.

Subsidiary Company

Any company in which you:

Section 2 – The Cover

We will :

117

2.1 Extended Reporting Period

If we or you cancel or refuse to renew this part you will have the right upon payment of 50% of the latest annual premium to an extension of the expiring period of cover provided by this part in respect of claims made against any Insured Person during the 12 months after the effective date of such cancellation or refusal to renew provided always that this clause will only be operative:

The offer by us of terms, conditions or limit of indemnity at the expiry of the period of insurance different from those of the expiring part will not constitute a refusal to renew.

2.2 Marital Estates

This part will cover Loss arising from or in consequence of any claim first made against the lawful spouse of any Insured Person during the period of insurance arising solely out of their capacity as the spouse of any Insured Person. The cover provided by this clause is limited to Loss arising from actions or proceedings for the enforcement of judgments or damages against an Insured Person which relate to the ownership of property including marital community property jointly held by the Insured Person and their spouse. We will not cover any claim arising out of any act or omission of the spouse.

2.3 Personal Representatives

In the event of the death, incapacity, insolvency or bankruptcy of any Insured Person we will in respect of liability incurred by the Insured Person indemnify their estate, heirs or personal representatives provided always that such estate, heirs or personal representatives will as though they were the Insured Person observe, fulfil and be subject to the terms and conditions of this part so far as they can apply.

2.4 Pollution Defence Costs

This part will cover defence costs up to the limit stated in the schedule incurred by any Insured Person as a result of any claim arising from Pollution or Contamination. This clause will not apply to any claim arising from Maladministration occurring prior to the inception date of the part. This limit will form part of and not be in addition to the limit of indemnity.

2.5 Representation Costs

This part will cover any reasonable and necessary fees, costs, charges and expenses incurred with our written consent in respect of the representation of any Insured Person at any official examination, enquiry, investigation or other proceedings ordered or commissioned by a body legally empowered to investigate your affairs which does not qualify as a claim defined within this part.

118

2.6 Retired Insured Persons

In the event that you do not renew this part and only in respect of any Insured Person who retires prior to the date of non-renewal this part will continue in force for a period of six years from the date of nonrenewal (the Run-Off Period) provided always that:

Section 3 – Special Exclusions

This part does not cover:

1. Bodily Injury or Property Damage

bodily injury, sickness, disease, death or emotional stress or other impairment of health of any person or loss of or damage to or destruction of physical property or loss of its use or libel, slander, malicious or injurious falsehood or any form of invasion of privacy

2. Charity Commissioners

Maladministration which any Insured Person knew to be a breach of trust or a breach of duty or which was committed by any Insured Person in reckless disregard whether it was a breach of trust or a breach of duty or not.

3. Claim by you or an Insured Person

any claim made by or at the instigation of you or any Insured Person against you or any Insured Person but this exclusion will not apply in respect of any claim:

4. Courts Jurisdiction

any claim made or brought outside the territorial limits other than in a court which is governed by and subject to the law of the United Kingdom

5. Employee Benefit

infringement of any obligation imposed by statute, regulation or common law concerning any profit sharing, health and welfare or other employee benefit programme, social benefit system or trust established or maintained for the purpose of providing benefits to your employees

119

6. Fraud

any intentionally dishonest or fraudulent act or omission or any wilful violation of any statute, regulation or law by any Insured Person if a judgment or other final decision establishes such an intentionally dishonest or fraudulent act or omission or wilful violation but this exclusion will not apply to Section 2c)

7. Intellectual Rights

infringement of copyright, patent, trade mark or service mark, passing off or plagiarism or any other breach of intellectual rights

8. Pensions

infringement of any obligation in respect of any pension plan, pension scheme or pension fund

9. Pollution or Contamination

Pollution or Contamination

10. Prior Circumstances

any circumstance prior to the period of insurance and which has been reported to any previous insurer or which you or the Insured Persons knew or ought reasonably to have known could give rise to a claim

11. Prior or Pending Litigation

litigation initiated prior to or pending at the Retroactive Date stated in the schedule or alleging or deriving from the same or essentially the same facts as alleged in such prior or pending litigation

12. Profit or Advantage

any Insured Person having gained in fact personal profit or advantage to which they had no legal entitlement

13. Professional Services breach of professional duty in the provision of advice, design or specification or other professional services

14. Punitive Damages

a) fines or penalties imposed by law

b) punitive or exemplary damages.

Provided always that in respect of exclusions 6, 7 and 12 the Maladministration of any Insured Person will not be imputed to any other Insured Person for the purposes of determining the availability of cover under this part.

Section 4 – Special Provisions

1. Discharge of Liability

We may at any time pay the maximum amount payable under this part after deduction of any sum already paid or any lower amount for which any claim can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

120

2. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit and applies in the aggregate to all Losses in any one period of insurance.

Where you become liable to pay a sum in excess of the amount of indemnity available under this part we will pay only the proportion of any Costs and Expenses that the available amount of indemnity bears to your total liability.

Section 5 – Special Conditions

1. Acquisition, Merger or Take-over

In the event of the take-over or merger of yourselves by or with any other organisation the indemnity provided under this part will apply only to claims made by reason of Maladministration by any Insured Person or acts or omissions as provided for under section 2 c) committed prior to the date of such takeover or merger.

2. Advancement of Costs and Expenses

We will make payments of Costs and Expenses prior to the final disposition of any claim provided always that written consent to incur such Costs and Expenses is given by us such consent not to be unreasonably withheld and provided always that you are not entitled or obligated to advance Costs and Expenses to any Insured Person.

Where you are entitled or obligated to advance Costs and Expenses then we will be under no duty to do so but may at our sole discretion advance some or all of such Costs and Expenses as may be incurred by any Insured Person to such Insured Person prior to the final disposition of any claim.

Any advance payment of Costs and Expenses which have been made by us will be repaid to us by the person on whose behalf such advance payments have been made in the event and to the extent that it is established that such person has no entitlement to payment for Loss under this part.

3. Claim Procedures

a) Your Responsibilities

It is agreed that:

121

b) Our Rights

We will:

4. Fair Allocation

In the event that a claim is made against both you and any Insured Person we and you will use all reasonable endeavours to determine a fair allocation of Costs and Expenses paid to any claimant between you and any Insured Person.

5. Liquidation, Termination or Dissolution

In the event of liquidation, termination or dissolution of you or any Subsidiary Company this part will continue in force in respect of you or that company but only in respect of Maladministration prior to the liquidation, termination or dissolution.

If you are:

122

6. Presumption of Indemnification

You will be deemed to have indemnified any Insured Person in all circumstances where the law would require or permit such indemnity. If you fail or refuse to provide indemnification to the full extent permitted or required by law for any reason other than you having been judged insolvent by a court then notwithstanding any other terms or conditions of this part the excess applicable to any payment by us will be that stated in the schedule. We will be entitled to obtain reimbursement from you for all payments made under section 2 b) that would not have been necessary if you had provided indemnity in accordance with this section.

7. Representations

Any proposal will be construed as being a separate application for cover from each individual Insured Person. In respect of the declarations and statements contained in it no statement in any proposal or knowledge possessed by any Insured Person other than knowledge or information possessed by the Insured Person actually signing any proposal will be imputed to any other Insured Person for the purposes of determining the availability of cover under this part.

123

Part R – Professional Indemnity

Section 1 – Special Definitions

Costs and Expenses

Pollution or Contamination

Pollution or contamination of buildings or other structures or of water or land or the atmosphere.

Services

Services stated in the schedule.

Section 2 – The Cover

We will indemnify you in respect of all sums which you become legally liable to pay as damages arising out of the provision of the Services within the territorial limits that result in a claim being first made against you and notified to us during the period of insurance for any breach of professional duty due to any negligent act, error or omission committed or alleged to have been committed by an employee.

In addition we will pay Costs and Expenses.

Costs and Expenses will not be subject to any excess.

2.1 Court Attendance Costs

We will also pay you the daily rates stated below if any of these people are required to attend court as a witness at our request:

a) any director £500

b) any employee £250

Our liability will not exceed £10,000 in the aggregate during the period of insurance and this limit will form part of and not be in addition to the limit of indemnity stated in the schedule.

2.2 Extended Reporting Period

In the event that you elect not to renew or extend this part and do not effect any similar policy or scheme of self insurance in substitution then this insurance includes any claim made and notified to us within 30 days immediately following the expiry of this part but the cause of which occurred prior to the expiry of this period and is otherwise covered under this part

2.3 Indemnity to Other Persons including Personal Representatives

We will also indemnify under the terms of this part any current, former or retired employee.

Provided always that:

124

iii) will be subject to the terms and conditions of this part in so far as they can apply; and

2.4 Legal Representation Cover

We will also cover any reasonable costs and expenses necessarily incurred with our written consent for representation at any official examination, enquiry, investigation or other proceedings ordered or commissioned by a body legally empowered to investigate your affairs that are first instigated against you and notified to us during the period of insurance and which may otherwise be the subject of indemnity under this part.

Our liability will not exceed £10,000 in the aggregate during the period of insurance and this limit will form part of and not be in addition to the limit of indemnity stated in the schedule.

Section 3 – Special Exclusions

This part does not cover:

1. Asbestos

liability, loss, cost or expense directly or indirectly caused by, contributed to by or arising out of any asbestos, asbestos fibres or any derivatives of asbestos including any product containing any asbestos fibres or derivatives

2. Bodily Injury and Property Damage

liability for:

a) death, bodily injury, disease or sickness sustained by any person

unless arising out of a breach of professional duty from the conduct of the Services due to any negligent act, error or omission committed or alleged to have been committed by you

3. Contractual Liability

liability arising from

4. Courts Jurisdiction

any claim made or brought outside of the European Union

125

5. Defamation or Malicious Falsehood

liability arising from libel, slander, defamation, malicious falsehood or injurious falsehood

6. Directors and Officers Liability

liability arising out of the duties of any director or officer or any trustee of any pension fund or any other employee benefit scheme

7. Employment

8. Joint Ventures

liability arising out of your involvement in any joint venture, consortium or other profit sharing scheme

9. Liquidated or Punitive Damages or Fines

any amount in respect of:

a) liquidated damages, penalties or fines which attach solely because of a contract or agreement

10. Medical Malpractice.

liability arising out of the provision of or failure to provide medical treatment of any kind

11. Pollution or Contamination

liability arising directly or indirectly out of Pollution or Contamination other than caused by a sudden, identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the period of insurance

12. Prior Circumstances and Claims

liability for any claim arising from any circumstance, fact, matter or occurrence that:

13. Retroactive Date

liability for any claim arising from the Services provided by you prior to the retroactive date stated in the schedule

14. Terrorism

loss, damage, consequential loss, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not provided under this part the burden of proving that cover is provided under this part will be upon you

126

15. Virus or Similar Mechanism, Hacking or Denial of Service Attack

liability arising out of:

Section 4 – Special Provisions

1. Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this part is not enforceable by any third party.

2. Discharge of Liability

We may at any time pay the maximum amount payable under this part after deduction of any sum already paid or any lower amount for which any claim can be settled and then relinquish the conduct and control and be under no further liability in respect of the claim except for the payment of Costs and Expenses incurred with our written consent prior to the date of such payment.

3. Limit of Indemnity

The limit of indemnity stated in the schedule is our monetary limit and applies in the aggregate to all claims made in any one period of insurance.

Two or more claims arising out of a single negligent act, error or omission or a series of related negligent acts, errors or omissions consequent upon or attributable to one source or original cause will be treated as a single claim and will be subject to one limit of indemnity and excess. All such claims will be considered first made on the date on which the earliest claim is first made.

Where you become liable to pay a sum in excess of the amount of indemnity available under this part we will pay only the proportion of any Costs and Expenses that the available amount of indemnity bears to your total liability.

4. Queen’s Counsel

You will not be required to contest any legal proceedings unless a Queen’s Counsel or similar authority agreed upon by you and us advises that on the facts of the case concerned such claim could be contested with a reasonable prospect of success.

127

Section 5 – Special Conditions

1. Reasonable Care

You will comply with all regulations imposed by any competent authority and take all reasonable precautions to prevent or minimise claims being made against you arising out of the conduct of the services.

2. Sole Agent

It as agreed that:

128

Part S – Business Travel

Section 1 – Special Definitions

Costs and Expenses

ii) defending in any court of summary jurisdiction any proceedings in respect of any act or omission

relating to any event which may be the subject of indemnity under this part.

Injury

Bodily injury, illness or disease (including death).

Journey

Journeys not exceeding 90 days in duration made in connection with the business commencing during the period of insurance:

Person Insured

Any director or employee and any member of their families accompanying them permanently residing within the territorial limits.

Section 2 – Cancellation and Other Expenses

The Cover

We will indemnify you and at your request any Person Insured in respect of the following expenses arising as a direct result of the cancellation, delay in commencement, curtailment (proportionately only) or extension of the Journey by any fortuitous event outside your or the Person Insured’s control and which are not recoverable from any other source subject to the sum insured stated in the schedule in respect of each Person Insured:

a) loss of deposits and charges for which you or any Person Insured are legally responsible

Provided always that in the event of cancellation or interruption of public transport services by riot, strike or civil commotion occurring at commencement or during the Journey we reserve the right to arrange alternative means of transport and route.

Any alternative transport by air must be approved by us.

129

2.1 Delayed Departure

In the event of delay in departure from or return to the territorial limits as the direct result of:

we will pay to the Person Insured in addition to any other claim under this section:

ii) £25 for each subsequent full 12 hours of delay

subject to a maximum of £150 in respect of each Person Insured.

2.2 Travel Documents

If the Person Insured’s passport, visa, driving licence, green card, travel tickets or other essential travel documents are lost after the commencement of the Journey we will pay in addition to any other claim the reasonable additional costs of travel and accommodation necessarily incurred to allow the Person Insured to replace them.

Provided always that:

Exclusions to Section 2

This section does not cover any expenses resulting directly or indirectly from:

1. Acts of Service Providers

act, error, omission, default or financial failure of any agent, firm or person undertaking to provide transport, accommodation or other services to the Person Insured

2. Government Regulations or Disinclination to Travel

government regulations, service with the armed forces, disinclination to travel or financial circumstances other than redundancy where notice of redundancy is received after the Journey has been arranged

3. Riot, Strike or Civil Commotion

riot, strike or other civil commotion existing or threatened prior to the time of booking the Journey.

Section 3 – Medical and Associated Expenses

The Cover

If during the Journey the Person Insured sustains accidental Injury we will reimburse up to the sum insured stated in the schedule reasonable expenses necessarily incurred as a direct result of such Injury for:

130

Where any Person Insured is detained in hospital abroad and a valid claim arises under this section we will pay the sum of £25 for each full 24 hours the Person Insured is so detained subject to a maximum of £2,500.

Exclusion to Section 3

This section does not cover:

1. Dental or Optical Expenses

dental or optical expenses unless required in consequence of accidental bodily injury but this exclusion will not apply to dental expenses incurred for the relief of pain.

Section 4 – Personal Accident

The Cover

We will pay to the Person Insured or their legal representatives the benefits stated below as compensation if any Person Insured during the Journey sustains bodily injury by violent, accidental, external and visible means which solely and independently of any other cause within 24 months from the date of bodily injury results in:

Table of Benefits

  1. a) death of a Person Insured aged 16 years and over b) death of a Person Insured aged under 16 years

  2. total loss of use of or total loss by physical severance of one or more hands or feet or total loss of sight in one or both eyes

  3. permanent total and absolute disablement other than in 2 above from engaging in or giving attention to any profession or occupation

capital sum £7,500 capital sum

capital sum

  1. temporary total disablement from engaging in or giving attention to any profession or occupation for a period not exceeding 104 weeks from the date of disablement:

  2. a) Persons Insured aged 16 years and over

  3. b) Persons Insured aged under 16 years

  4. temporary partial disablement to a substantial extent from engaging in or giving attention to any profession or occupation for a period not exceeding 104 weeks from the date of disablement: a) Persons Insured aged 16 years and over

  5. b) Persons Insured aged under 16 years

  6. weekly benefit £10 per week

  7. 50% of weekly benefit £5 per week

The capital sum and weekly benefit are stated in the schedule.

131

Provisions to Section 4

1. Maximum Payment

We will not be liable to pay more than the capital sum in respect of all bodily injury sustained during any one Journey by one Person Insured.

2. Payment of Benefit 3

If after expiry of 52 weeks of consecutive disablement the Person Insured is still totally disabled from engaging in or giving attention to any profession or occupation but the medical evidence is such that it cannot be said that disablement is permanent and total then payments will be made for as long as total disablement continues for a period not exceeding 10 years. Payments will be at an annual rate of 10% of the capital sum and will be made by half yearly instalments in arrears. The first payment will be made 18 months after commencement of disablement in respect of the first 18 months of disablement.

3. Payment of Benefits 4 and 5

Unless otherwise agreed by us compensation under benefits 4 and 5 will not become payable until the total amount due has been ascertained.

Section 5 – Baggage and Money

The Cover

We will indemnify you and at your request any Person Insured in respect of damage to money and personal baggage, personal clothing and other personal effects taken, worn or carried on the Journey or such personal baggage, personal clothing and other personal effects sent in advance up to the sums insured stated in the schedule in respect of each Person Insured.

In addition in the event of the baggage of any Person Insured not arriving at the outward destination within 8 hours of the Person Insured’s arrival due to circumstances outside the control of the Person Insured we will reimburse the cost of purchase of essential items of clothing or toiletry up to £500.

Exclusions to Section 5

This section does not cover:

1. Confiscation or Detention

damage occasioned by or in consequence of confiscation or detention by customs or other authorities

2. Cracking and Scratching and Breakage of Sports Gear in Use

cracking, scratching or breakage of sports gear while in use or of china, glass, earthenware and the like

3. Depreciation, Wear and Tear or Vermin

damage caused by or consisting of depreciation, wear and tear, vermin or insects

4. Excess the first £25 of any claim for any Person Insured

5. Loss not Reported to Police or Carriers loss not reported to the:

a) police

b) carriers when loss occurs in transit

within 48 hours of discovery

132

6. Money Shortages and Depreciation in respect of money any shortages due to error or omission or losses on exchange or due to depreciation in value

7. Theft from Unattended Motor Vehicles

theft from an unattended motor vehicle unless:

b) all doors are locked; and

Section 6 – Personal Liability

The Cover

We will at your request indemnify the Person Insured or in the event of their death their personal representatives in respect of all sums which the Person Insured may become legally liable to pay as damages in their private capacity in respect of:

occurring during the Journey.

The limit of indemnity stated in the schedule is our monetary limit and applies to any claim or series of claims arising from any one cause.

In addition to the limit of indemnity we will pay Costs and Expenses.

Exclusions to Section 6

This section does not cover:

1. Contractual Liability

liability which attaches solely because of a contract or agreement

2. Excluded Activities

Injury or damage arising from:

133

Section 7 – Special Exclusions

This part does not cover any claim:

1. Claims for those over 75

in respect of any Person Insured aged 75 years or over who has not provided satisfactory medical evidence of fitness to travel to us before undertaking the Journey

2. Excluded Activities

caused by the Person Insured engaging in any form of winter sports, rock climbing or mountaineering ordinarily necessitating the use of picks, ropes or guides, pot-holing, caving, parachuting, parascending, paragliding, hang-gliding, bungee jumping, scuba and skin diving, white water rafting, racing except on foot, professional or organised sports or air travel other than as a passenger in a licensed passenger carrying aircraft, except as set out in special condition 4

3. Excluded Causes

caused by the Person Insured being intoxicated or using illegal drugs, contracting a sexually transmitted disease, committing or attempting suicide or deliberately self-harming, participating in civil commotion or riot or deliberately exposing themselves to unnecessary danger except in an attempt to save human life

4. Foreseeable Costs

of a nature which could reasonably have been foreseen by you or the Person Insured from circumstances known or details available at the time of booking the Journey or before the Journey is commenced

5. HIV or AIDS

in respect of Injury, loss, expense or other liability attributable to Human Immunodeficiency Virus (HIV) or any HIV related illness including Acquired Immune Deficiency Syndrome (AIDS) or any mutant derivative or variations thereof howsoever caused

6. Manual Work

resulting from manual work of any kind engaged in during the Journey

7. Pre-existing Conditions and Travelling Against Medical Advice

8. Terrorism

directly or indirectly arising out of, contributed to by or resulting from actual, threatened, feared or perceived use of biological, chemical, radioactive or nuclear agent, material, device or weapon

9. Travel to Disturbed Areas

resulting from a Journey to countries and specific areas in countries where at the time of booking or departure the Foreign and Commonwealth Office are advising against all travel or all non-essential travel but this exclusion will not apply to loss of deposits and charges covered under section 2 where the Foreign and Commonwealth Office publishes such advice after the time of booking the Journey.

134

Section 8 – Special Conditions

1. Aggregate Benefits for Sections 3 and 4

In respect of sections 3 and 4 if the aggregate amount of benefit payable in respect of any one incident exceeds the amount stated in the schedule the benefit payable for each Person Insured will be proportionally reduced until the total is equal to the amount stated in the schedule.

2. Claims Procedure

In the case of Injury our medical representative will be allowed to visit and examine the Person Insured at all reasonable times and if such visit or examination is not permitted this part will be void in respect of that Injury.

3. Notification to us of Potential Travelling Problems

If at the time the arrangements for the Journey are made any Person Insured is aware of any circumstances likely to result in the Journey being delayed, cancelled or curtailed such circumstances must be declared to us immediately.

4. Participation in Certain Activities

If it has been agreed with us that cover will operate in respect of any activity stated in special exclusion 2 it is a condition precedent to our liability that the person in charge of that activity has reached a reasonable standard of proficiency in the activity in which the Person Insured is participating.

5. Person Insured’s Responsibilities

The Person Insured will:

6. Use of Waterborne Craft

Where canoeing or sailing of any kind including the use of powered vessels is being undertaken it is a condition precedent to our liability that:

7. Your Obligations

You will furnish such information as we may require and render all possible assistance in connection with any claim under this part. You will supply such evidence of Injury and the cause of such Injury including a report of a qualified medical practitioner as we may reasonably require and all certificates, information and evidence required will be supplied at your expense.

135

Part T – Terrorism

Section 1 – Special Definitions

Phishing

Any access or attempted access to data or information made by means of misrepresentation or deception.

Terrorism

Any act or acts of persons acting on behalf of or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of Her Majesty’s Government in the United Kingdom or any other government de jure or de facto

Section 2 – Cover

In the event of:

caused by or arising from Terrorism we will pay to you the amount of such loss or in the case of a) above at our option replace, reinstate or repair the property or any part of it.

Provided always that:

136 

  - B. directly or indirectly caused by or contributed to by or arising from or occasioned by or resulting from the alteration, modification, distortion, corruption of or damage to any computer or other equipment or component or system or item which processes stores transmits retrieves or receives data or any part thereof whether tangible or intangible (including but without limitation any information or programs or software) or any alteration modification distortion erasure, corruption of data processed by any such computer or other equipment or component or system or item and whether your property or not where such loss is directly or indirectly caused by or contributed to by or arising from or occasioned by or resulting from virus or similar mechanism or hacking or Phishing, denial of service attack or business interruption directly or indirectly caused by or arising from virus or similar mechanism or hacking Phishing or denial of service attack

2.1 Uncertified Terrorism

In the event that Her Majesty’s Government or Her Majesty’s Treasury or any successor relevant authority refuse to issue a certificate certifying an event or occurrence to have been Terrorism and such refusal is upheld by the decision of a validly constituted tribunal exclusion 10 to parts A, B and C, exclusion 6 of part D and exclusion 13 of part L will not apply to parts A, B, C, D and L in respect of such event or occurrence.

Provided always that:

iii) any other limit of indemnity

stated in the schedule to parts A, B, C, D and L at the time of the said event or occurrence

137

Helpline Services

The following services are provided by DAS Law Limited and/or a preferred law firm on behalf of DAS Legal Expenses Insurance Company Limited (DAS, we, us or our for the purposes of these services).

In using these services you acknowledge that all rights and obligations relating to the provision of these services rest with DAS and that you will have no recourse to Zurich Insurance plc in this regard.

If you have a complaint about the service or about the way you have been treated, please write to: DAS Customer Relations Department at:

DAS House, Quay Side, Temple Back, Bristol BS1 6NH.

Alternatively you can contact DAS by telephone on:

0117 934 0066, or email: customerrelations@das.co.uk.

We provide these services 24 hours a day seven days a week during the period of insurance. To help us check and improve our service standards we record all calls except those to the Counselling Service.

Eurolaw Commercial Legal Advice

We will give you confidential legal advice over the telephone or by email on any commercial legal problem affecting your business under the laws of the member countries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway.

If emailing contact us at advice@das.co.uk stating the country which your queries relate to and your policy number. We will reply between 9am and 5pm Monday to Friday.

Tax Advice

We will give you and your directors and partners confidential advice over the telephone on any tax matters affecting your business under the laws of the United Kingdom.

Business Assistance

In the event of an unforeseen emergency affecting your business premises which causes damage or potential danger, we will contact a suitable repairer or contractor and arrange assistance on your behalf. All costs of assistance provided are your responsibility.

To contact the above services telephone us on 0117 934 2111 or 0117 976 2030.

Health and Medical Information Service

We will give you and your directors or employees information over the telephone on health and fitness and non-diagnostic advice on medical matters. Advice can be given on allergies, the side-effects of drugs and how to improve general fitness.

To contact the above service telephone us on 0117 934 2121.

Counselling

We will provide you and your directors or employees including any members of their immediate family who permanently live with them with a confidential counselling service over the telephone including where appropriate onward referral to relevant voluntary or professional services.

To contact the counselling helpline, telephone us on 0117 934 2121. These calls are not recorded.

We will not accept responsibility if the Helpline Services fail for reasons beyond our control. Please do not telephone us to report a general insurance claim.

138

DASbusinesslaw

At www.dasbusinesslaw.co.uk you will find a wide range of letters, articles and reference information as well as interactive document builders designed to help you run your business.

The service also provides useful tools and information on matters such as new legislation, employment issues, property law and taxation all regularly updated by legal experts to help you keep your business one step ahead.

139

Our complaints procedure

Not applicable to part K

Our commitment to customer service

We value the opportunity to look into any concerns you may have with the service we have provided and we are committed to handling all complaints fairly, consistently and promptly.

Who to contact in the first instance

Many concerns can be resolved straight away therefore in the first instance please get in touch with your usual contact at Zurich as they will generally be able to provide you with an immediate response to your satisfaction.

Contact details will be provided on correspondence that we or our representatives have sent you.

If we cannot resolve your complaint straight away we will aim to resolve your concerns as soon as possible and we will keep you informed of progress while our enquiries are continuing.

The majority of complaints we receive are resolved within four weeks of receipt.

The Financial Ombudsman Service (ombudsman)

If we are unable to resolve your complaint to your satisfaction within eight weeks or if you remain dissatisfied following receipt of our final response letter you may be able to ask the ombudsman to formally review your case. You must contact the ombudsman within six months of our final response.

The ombudsman contact details are as follows:

Financial Ombudsman Service Exchange Tower London E14 9SR

You can telephone for free on:

08000 234 567 for people phoning from a “fixed line” (for example a landline at home)

0300 123 9 123 for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02 or e-mail: complaint.info@financial-ombudsman.org.uk

This is a free and impartial service and you are entitled to contact the ombudsman at any stage of your complaint. For more information please contact the ombudsman directly or visit http://www.financial-ombudsman.org.uk

The ombudsman can help with most complaints if you are:

If you are unsure whether the ombudsman will consider your complaint or for more information please contact the ombudsman directly, or visit http://www.financial-ombudsman.org.uk

The Financial Services Compensation Scheme (FSCS)

We are covered by the Financial Services Compensation Scheme (FSCS) which means that you may be entitled to compensation if we are unable to meet our obligations to you. Further information is available on www.fscs.org.uk or by contacting the FSCS directly on 0800 678 1100.

140

DAS Head and Registered Office:

DAS Legal Expenses Insurance Company Limited | DAS House | Quay Side | Temple Back | Bristol | BS1 6NH

Registered in England and Wales | Company number 103274. Website: www.das.co.uk

DAS Legal Expenses Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. DAS Law Limited Head and Registered Office:

DAS Law Limited | North Quay | Temple Back | Bristol | BS1 6FL

Registered in England and Wales | Company number 5417859. Website: www.daslaw.co.uk DAS Law Limited is authorised and regulated by the Solicitors Regulation Authority | Registered number 423113.

Zurich Management Services Limited

Registered in England and Wales, number 2741053. Registered Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

Zurich Municipal

Zurich Municipal is a trading name of Zurich Insurance plc. A public limited company incorporated in Ireland. Registration No. 13460. Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland. UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ. Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

Communications may be monitored or recorded to improve our service and for security and regulatory purposes.

© Copyright – Zurich Insurance plc 2015. All rights reserved. Reproduction, adaptation or translation without prior written permission is prohibited except as allowed under copyright laws.

MCOAAA01 (700582008) (11/15) RRD

Independent examiner's report on the accounts

Section A Independent Examiner’s Report

Report to the trustees/ members of

Charity Name

On accounts for the year ended

Charity no (if any)

Set out on pages

(remember to include the page numbers of additional sheets)

I report to the trustees on my examination of the accounts of the above charity (“the Trust”) for the year ended DD / MM / YYYY .

Responsibilities and basis of report

As the charity's trustees, you are responsible for the preparation of the accounts in accordance with the requirements of the Charities Act 2011 (“the Act”).

I report in respect of my examination of the Trust’s accounts carried out under section 145 of the 2011 Act and in carrying out my examination, I have followed all the applicable Directions given by the Charity Commission under section 145(5)(b) of the Act.

Independent examiner's statement

[The charity’s gross income exceeded £250,000 and I am qualified to undertake the examination by being a qualified member of [insert name of applicable listed body]]. Delete [ ] if not applicable.

I have completed my examination. I confirm that no material matters have come to my attention in connection with the examination (other than that disclosed below *) which gives me cause to believe that in, any material respect:

I have no concerns and have come across no other matters in connection with the examination to which attention should be drawn in this report in order to enable a proper understanding of the accounts to be reached.

Signed:

Date:

1

Oct 2018

IER

Name:

Relevant professional qualification(s) or body (if any):

Address:

Section B Disclosure

Only complete if the examiner needs to highlight material matters of concern (see CC32, Independent examination of charity accounts: directions and guidance for examiners).

2

Oct 2018

IER

Give here brief details of any items that the examiner wishes to disclose .

3

Oct 2018

IER

document7278916888319899673

Departmental Family Charity Commission Charity Commission Charity Commission Charity Commission Charity Commission Charity Commission Charity Commission Charity Commission

Entity Input Date Expense Type Charity Commission 03/02/20 Hotels/Trains/Flights Charity Commission 09/01/20 Rent Charity Commission 09/01/20 Rent Charity Commission 09/01/20 Rent Charity Commission 09/01/20 Hardware Charity Commission 09/01/20 Hardware Charity Commission 09/01/20 Hardware Charity Commission 09/01/20 Consultancies

Page 1

document7278916888319899673

Expense Area Supplier Transaction No Amount
General Expenditure Redfern Travel Ltd 10790 41705.95
Facilities Management Health and Safety Executive 4343040 32768.57
Facilities Management Health and Safety Executive 4343041 32768.57
Facilities Management Health and Safety Executive 4343047 173307.23
IT Roadmap Probrand Limited OP/I1642383 49324.14
IT Roadmap Probrand Limited OP/I642386 32882.76
IT Roadmap Probrand Limited OP/I642387 79771.14
IT Roadmap Sopra Steria Limited 100154556 318960

Page 2

document7278916888319899673

Description Supplier Type Expenditure Type Supplier Type Expenditure Type
January Invoice Large Administration
Redgrave Court Q1 rent Large Administration
Redgrave Court Q2 rent Large Administration
Redgrave Court 1/10/19 - 31/12/19 Large Administration
81 X IPHONE XR LNDN Large Administration
54 X IPHONE XR TNTN Large Administration
131 X IPHONE XR LVPL Large Administration
Roadmap implementation STDW206 Large Administration

Page 3