PROFESSIONAL INDEMNITY - PRIMARY

Transcription

1 PROFESSIONAL INDEMNITY - PRIMARY Named Insured: Business: Clinical Trial(s): Healthcare Services: Professional Services: Royal Melbourne Institute of Technology trading as RMIT University, RMIT Foundation, RMIT Student Union, RMIT Link and Subsidiary Companies The activities of the Named Insured as a University, including the activities of any Subsidiary or Affiliate. The undertaking of any Clinical Trial by or on behalf of the Insured in connection with the Insured s Business. The provision of: 1. medical, surgical, dental or nursing treatment (including non-procedural health services and treatment), medical advice, medical service or medical goods provided in respect of the physical or mental health of a person admitted to the care of the Insured in the conduct of the Insured s Business. 2. education, research and clinical training in relation to 1. above. The provision of education services (including training, education, consulting, facilitation and teaching) by the Named Insured; student advocacy services and student association activities; research services (including experimentation, testing, development, design and commercialisation activities), operator of childcare facilities, mentoring, sporting activities/amenities, cultural activities and other professional activities and duties of the Insured s Business. Period of Insurance: From: 4.00pm 1 November 2015 To: 4.00pm 1 November 2016 Both Local Standard Time at the Insured s Australian head office or as per the policy wording Coverage: Coverage Section 1: Public & Products Liability Not Covered Coverage Section 2: Products Financial Loss Not Covered Coverage Section 3A: Clinical Trials - No Fault Compensation Covered Coverage Section 3B: Clinical Trials - Legal Liability Covered Coverage Section 4A: Medical Malpractice Covered Coverage Section 4B: Professional Indemnity Covered Coverage Section 5: Directors and Officers Liability Not Covered Limit of Liability: Coverage Section 3A, 3B Any one claim and in the aggregate during the Period of Insurance $ 20,000,000 Coverage Section 4A and 4B: Any one claim and in the aggregate during the Period of Insurance $ 20,000,000 Sub-Limit: Applicable to Coverage Section 4A and 4B: Sexual Misconduct Defence Costs: $ 100,000 Inquiry Costs: $ 1,000,000 Reinstatements of Limit of Liability: Applicable to Coverage Section 4A and 4B One Excess: Coverage Section 3A, 3B, 4A and 4B: Any One Claim - Inclusive of Defence Costs $ 50,000 Policy Wording: Insurer s Professional Indemnity - Civil Liability wording Page 35

2 Policy Extensions: Territorial Limits: Jurisdictional Limits: Retroactive Date: Continuity Date: As per policy wording Worldwide Worldwide Applicable to Coverage Section 3A, 3B, 4A, 4B Unlimited, excluding known claims and circumstances Applicable to Coverage Section 3A, 3B, 4A, 4B 1 November 2002 Additional Insurance: Coverage Section 3A, 3B, 4A and 4B: Public & Products Liability (Policy Number: AP-ROYAAUS-PLB) Insurer QBE Australia Insurance Limited Period of Insurance 4.00pm 1 November 2015 to 4.00pm 1 November 2016 Endorsements: 1. USA Conditions 2. Cervical Spine Manipulation Endorsement 3. Multi-National Programme Endorsement 4. Molestation of Minors Endorsement 5. Run-Off Entities Endorsement 6. Childbirth Training and Education and Student Midwives 7. RMIT Link Endorsement 8. Aggregation of Limits Coverage Section 4A (Medical Malpractice) and Coverage Section 4B (Professional Indemnity) 9. Limitation of Liability Contracts 10. Difference in Conditions 30 Days Insurer: Newline Syndicate 1218 at Lloyd s (NWL 1218) effected through Newline Australia Insurance Pty Ltd [ABN ] Policy Number: Page 36

3 ENDORSEMENTS USA Conditions Applicable to all Coverage Sections other than Coverage Section 5 (Directors & Officers Liability): With respect to: 1. any acts, errors, omissions, events, facts, circumstances, Occurrences or Clinical Trials that give rise to any liability, Loss or No Fault Compensation; and / or 2. any action for damages brought in a court or tribunal, in the United States of America or, where action or litigation is brought in a court of law outside the United States of America to enforce a judgment therein, the following Additional Conditions and Additional Exclusions apply: Additional Conditions: It is agreed that: 1. Defence Costs are payable by Underwriters as part of, and not in addition to, the Limit of Liability; and 2. the maximum amount payable in respect of all liability under each Coverage Section shall not exceed in the aggregate during the Period of Insurance the Limit of Liability specified in the respective Coverage Section detailed in the Limits and Coverage Schedule. Additional Exclusions: This Policy does not indemnify any Insured against any liability, Loss or No Fault Compensation arising out of, caused by, resulting from, in consequence of, in connection with or in any way involving any: 1. Pollution; 2. direction or request to test for, inspect, monitor, clean up, remove, contain, treat, rectify, detoxify or neutralise Pollutants or in any way respond to or assess the effects of Pollutants; 3. actual or alleged presence, imminent or threatened discharge, dispersal, seepage, release, migration or escape of Pollutants at any time; 4. Uninsured Motorists coverage or any obligation of the Insured under any No-Fault state law, provided that this Exclusion applies in respect of Coverage Section 1 (Public & Products Liability) only. Applicable to Coverage Section 5: (Directors & Officers Liability) only: With respect to: 1. any Wrongful Act that gives rise to any liability or Loss; and / or 2. any action for damages brought in a court or tribunal, in the United States of America or, where action or litigation is brought in a court of law outside the United States of America to enforce a judgment therein, the following Additional Exclusions apply: Additional Exclusions: Underwriters will not indemnify any Insured against any liability or Loss arising out of, caused by, resulting from, in consequence of, in connection with or in any way involving any of the following: 1. the Employment Retirement Income Security Act of 1974 and any amendment thereto, or any rules or regulations promulgated thereunder; 2. any actual or alleged violations of the Racketeer Influenced and Corrupt Organisation Act 18 USC Sections 1961 et seq or any similar Federal or State law enacted in the United States of America, and amendments thereto, or any rules and regulations promulgated thereunder; 3. any actual or alleged violation of any of the provisions of the Securities Act of 1933 and any amendment thereto, the Securities Exchange Act 1934 and any amendment thereto or any similar Federal or State law enacted in the United States of America or any common law relating thereto. Page 37

4 Cervical Spine Manipulation Endorsement Applicable to Coverage Section 4A (Medical Malpractice) only: This Coverage Section does not indemnify any Insured against any liability for Loss arising out of, caused by, resulting from, in consequence of, in connection with or in any way involving any cervical spine manipulation where the Insured has failed to obtain a signed and dated Consent Form prior to undertaking the procedure. For the purpose of this Endorsement only, Consent Form means a document signed by a patient acknowledging they have been made fully aware of the potential dangers and/or risks, no matter how remote, associated with cervical spine manipulation. Multi-National Programme Endorsement As advised by the Insured, a Local Policy has been issued as detailed in the Country specified below: COUNTRY: United Arab Emirates Vietnam DETAILS: Insured: RMIT Training Class of Insurance: Professional Indemnity Period of Insurance: 1 November 2015 to 1 November 2016 Insurer: TBA Policy Number: TBA Limit of Liability: US$1,000,000 Insured: RMIT International University Class of Insurance: Professional Indemnity Period of Insurance: 1 November 2015 to 1 November 2016 Insurer: TBA Policy Number: TBA Limit of Liability: US$1,000,000 Coverage under this Policy shall only attach after the insurers of the Local Policy have paid the full amount of the limit of liability of the Local Policy. Each Local Policy shall be maintained in full effect during the Period of Insurance except for any reduction of any applicable limit of liability of the Local Policy which takes effect solely by reason of payment of any claim thereunder. Failure to comply with the foregoing shall not invalidate this Policy but Underwriters shall not be liable to a greater extent than if this condition had been complied with. Difference in Conditions Where a claim is made under such Local Policy and is rejected as not being within its policy terms and conditions, this Policy will operate to provide an indemnity but only to the extent that Underwriters would have accepted the claim had it been made under this Policy, provided that Underwriters shall not be liable to pay the amount of any Excess that would have applied under such Local Policy. Difference in Limits In the event that a claim is payable under such Local Policy and the total amount of the claim exceeds the Limit of Liability thereunder, this Policy will pay up to the difference between such limit of indemnity and the corresponding Limit of Liability stated in the Limits and Coverage Schedule of any Covered Coverage Section in this Policy. The terms, conditions, definitions, limitations, exclusions, restrictions and endorsements of this Policy shall be those used to determine Underwriters liability under this Difference in Limits Clause. Page 38

5 For the purpose of this Endorsement only, Local Policy means a Policy referenced in the Table above, applicable to the corresponding Insured entity. Molestation Of Minors Endorsement Applicable to Coverage Section 4A (Medical Malpractice) and 4B (Professional Indemnity) only: Underwriters will not indemnify any Insured against any liability or Loss arising out of, caused by, resulting from, in consequence of, in connection with or in any way involving: 1. any: a) Sexual Misconduct towards; b) mental or physical abuse of; or c) assault of; any person under 18 years of age. 2. the failure to detect, act upon or prevent: a) Sexual Misconduct towards; b) mental or physical abuse of; or c) assault of; any person under 18 years of age by any Insured, agent of the Insured, or person performing volunteer services for or on behalf of the Insured. Underwriters will not defend any liability, Loss or Claim in relation to any actual or alleged matters reference in 1. or 2. above, other than pursuant to Coverage Extension 4.B.12. (Sexual Misconduct Defence Costs) applicable to Coverage Section 4A Medical Malpractice and/or Coverage Section 4B Professional Indemnity. Run-Off Entities Endorsement It is declared and agreed that the Name Insured is extended to include each Entity detailed in the table immediately below but only in respect of acts, errors or omissions committed or alleged to have been committed by any such Entity up to and including its corresponding Run-Off Date. ENTITY RUN-OFF DATE RMIT Medical Clinic 1 November 2007 RMIT Drug Discovery Technologies Pty Ltd 11 December 2012 Childbirth Training And Education And Student Midwives Applicable to Coverage Section 4A (Medical Malpractice) only: This Coverage Section does not indemnify any Insured against any liability for Loss arising out of, caused by, resulting from, in consequence of, in connection with or in any way involving Labour, other than: 1. childbirth training and education or the provision of care and advice prior to and after Labour; and 2. the practice of midwifery during Labour by any student midwife who is under the direct supervision of a suitably qualified practitioner. Page 39

6 The Excess is increased to $100,000 in respect of any One Claim made against the Insured in connection with the practice of midwifery during Labour (including by a student midwife) or in respect of any Inquiry Costs arising directly or indirectly out of or in respect of any one notice in connection with the practice of midwifery during Labour (including by a student midwife). For the purposes of this Endorsement, Labour means the act of giving birth and involves the following stages: 1. the first stage lasts from the onset of labour until there is full dilation (10 cm.) of the cervical os (opening). The first stage of labour is also called the stage of dilatation; 2. the stage commencing from the full dilatation of the cervix until the baby is completely out of the birth canal and has been born; 3. the stage commencing from birth of the foetus through expulsion or extraction of the placenta and membranes (afterbirth); and 4. the fourth stage being 24 hours after the delivery of the baby. RMIT Link Endorsement Applicable to Coverage Section 4B (Professional Indemnity) only: 1. It is noted and agreed that Underwriters will cover any Claim brought against a Contractor as if that Claim had been brought against an Insured, provided that such a Contractor observes and is subject to all the terms, conditions, limitations, exclusions and endorsements of this Policy. 2. It is declared and agreed that the Name Insured is extended to include each Entity detailed in the table immediately below but only in respect of acts, errors or omissions committed or alleged to have been committed by any such Entity up to and including its corresponding Run-Off Date. Contractor Run-Off Date RMIT Student Union and Creative Capacity Building 28 October 2014 RUSU English Language Workshops by Creative Capacity Building 28 October 2014 Definitions: For the purpose of this Endorsement only: Contractor means a natural person or body corporate who entered into a contract with RMIT Link or an Affiliate of the Named Insured for the provision of Professional Services for or on behalf of RMIT Link or an Affiliate of the Named Insured. Professional Services means coaching and instructing services arising from the activities of any Affiliate involved in sporting, social or recreational pursuits, creative arts training and workshop facilitation services and performing arts training, set design and sound design - to RMIT Link or an Affiliate of the Named Insured. Conditions: 1. Without limiting the foregoing, General Condition 7.F. (Administration) applies to this Endorsement. 2. The Excess under this Endorsement is $1,000 any One Claim. 3. Indemnity under this Endorsement is sub-limited to $10,000,000 any One Claim and $20,000,000 in the aggregate for the Period of Insurance, regardless of the number of Contractors covered hereunder. Aggregation of Limits Coverage Section 4a (Medical Malpractice And Coverage Section 4b (Professional Indemnity) Notwithstanding anything contained to the contrary in this Policy, the Schedule or the Limits and Coverage Schedule it is hereby noted and agreed that Limit of Liability applicable to all of Coverage Section 4 Medical Malpractice and Professional Indemnity, incorporating: 1. Coverage Section 4A (Medical Malpractice); and 2. Coverage Section 4B (Professional Indemnity), is $20,000,000 any One Claim and in the aggregate for the Period of Insurance, with one (1) reinstatement of the Limit of Liability. Page 40

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8 It is further noted and agreed that where Sub-Limits are referenced in the Limits and Coverage Schedule for coverage elements under each of Coverage Section 4A (Medical Malpractice) and Coverage Section 4B (Professional Indemnity), such sub-limits apply separately to each covered Coverage Section. Limitation Of Liability Contracts Notwithstanding Claims Condition F (Subrogation) and General Exclusion B (Contractual Undertaking), Underwriters recognise that the Insured may enter into written contracts with other parties relating to the performance of Professional Services which may exclude or limit the liability of such parties and Underwriters agree that such contracts will not prejudice the Insured s right to indemnity under this Policy. The cover available under this Extension does not apply to contracts (whether or not they are written contracts) entered into as a result of any actual or alleged dispute - including but not limited to any occurrence, act, error, omission, event, fact or circumstance giving rise to a Claim - which involves the Insured in any way. Difference In Conditions Clause 30 Days If Underwriters are not liable for any liability, Loss, No Fault Compensation, Claim or Defence Costs under this Policy, but cover for the same would have been available to any Insured based upon the terms, conditions, exclusions and limitations of the expiring policy issued by AAI Limited (trading as Vero Insurance) - Policy Number LPP which immediately preceded this Policy, then this Policy shall provide cover in accordance with the same terms, conditions, exclusions and limitations of the expiring policy as if it was in existence on the inception date of this Policy for the Period of Insurance, provided that: 1. Policy Number LPP issued by AAI Limited (trading as Vero Insurance) is specifically noted as Additional Insurance for the purpose of this Extension and any coverage available pursuant to this Extension applies in excess of this Additional Insurance; and 2. no benefit is available to any Insured under this Extension with respect to any matter notified to Underwriters after 30 November Page 42

9 PROFESSIONAL INDEMNITY - EXCESS Policyholder: Royal Melbourne Institute of Technology trading as RMIT University, RMIT Foundation, RMIT Student Union, RMIT Link and Subsidiary Companies Policy Period: From: 4.00pm 1 November 2015 To: 4.00pm 1 November 2016 Both Local Standard Time at the Insured s Australian head office or as per the policy wording Limit of Liability: $20,000,000 any one Claim $40,000,000 in the aggregate In excess of: $20,000,000 any one Claim $40,000,000 in the aggregate Policy Wording: Primary Policy: Endorsements: Insurer: Policy No: QBE Excess Layer Wording (QBE XS.v5.08) Coverage Section 4B: Professional Indemnity only of Policy Number TBC, underwritten by Newline Syndicate 1218 at Lloyd s (NWL 1218) effected through Newline Australia Insurance Pty Ltd [ABN ] Additional Coverage Sections Insuring Clause Amended Continuous Cover QBE Insurance Australia Limited AV-A PID Page 43