WorkSpill Insurance EXAMPLE. Your WorkSpill Policy wording

Transcription

1 WorkSpill Insurance Your WorkSpill Policy wording

2 Contents Contents... 2 How to contact Us... 3 How to use Your WorkSpill Policy... 3 Our promise... 3 Your cover... 4 Part 1 Clean Up Costs 4 Part 2 Third-Party Liability 4 What We pay... 4 What We don t pay... 5 Your claims... 6 Your conditions... 6 Sanctions limitation... 7 Your complaints... 8 European Online Dispute Resolution Platform... 8 Our Regulators... 8 Financial Services Compensation Scheme... 9 Your data... 9 Defined terms Contact Us About Chubb Page 2 of 11

3 How to contact Us Customer Services Phone: Claims Phone: or Complaints Phone: Calls may be recorded for training and quality purposes. How to use Your WorkSpill Policy We have designed Your WorkSpill Policy to be short, simple and transparent. Defined terms Certain words in Your WorkSpill Policy have a specific meaning. They have this specific meaning wherever they appear and are shown by using bold text. Your cover The parts of Your WorkSpill Policy that You are covered for are set out at item 8 of Your Schedule. Important sections of Your WorkSpill Policy are highlighted to clearly show: what We pay and what We don t pay. Our promise Thank you for choosing WorkSpill which is provided by Chubb European Group Limited. Your WorkSpill Policy provides cover for Clean Up Costs and Third-Party Liability following an Oil Spill from an Insured Oil Tank which occurs during the Period. Your WorkSpill Policy does not cover You for any claim unless it is the direct result of an Oil Spill from an Insured Oil Tank. We agree that You will pay Us The Cost of Your WorkSpill Policy. Your WorkSpill Policy including Your Schedule contains the full terms and conditions of the cover that We provide. You acknowledge that We have offered You Your WorkSpill Policy and calculated The Cost of Your WorkSpill Policy using the information We asked You for and You provided. You should check over Your WorkSpill Policy including Your Schedule carefully to ensure they are correct and meet Your requirements and notify Us immediately if anything is incorrect as this could affect the cover We provide in the event of a claim. You should keep a copy of Your WorkSpill Policy in a safe place. You must tell Us if either Your requirements or any of the information You provided to Us changes. A change in circumstances may affect Your cover even if You do not think a change is significant and We may need to make changes to Your WorkSpill Policy and / or change The Cost of Your WorkSpill Policy. We will update Your WorkSpill Policy and issue a new Your Schedule each time a change is agreed. Page 3 of 12

4 Your cover Your cover is split into two Parts, both of which combine to form Your WorkSpill Policy. Part 1 Clean Up Costs We will cover You following an Oil Spill from an Insured Oil Tank during the Period, as set out below. We will pay up to the Total Limit for the Period for: 1. Clean Up Costs. 2. The necessary costs incurred by You to perform Emergency Work. 3. Costs necessarily incurred in the repair or replacement of Your property damaged in the course of responding to an Oil Spill. We will not cover You for the following: 1. The repair or replacement of an Oil Tank or the cost of replacing the contents of an Oil Tank. 2. Any work carried out and not authorised by us, other than necessary Emergency Work. Part 2 Third-Party Liability We will cover You for Claims brought against You for causing Property Damage or Bodily Injury, provided such Claim a) is a direct result of an Oil Spill from an Insured Oil Tank; and b) arises from an Oil Spill occurring during the Period. We will also pay reasonable and proportionate legal costs incurred in defending a Claim. We will not cover You for: 1. Claims brought against You by Your employees or contractors; and 2. Property Damage to physical property You legally own or lease or rent, or otherwise in Your care, custody or control. What We pay The maximum amounts that We will pay in the event of a claim under Your WorkSpill Policy are set out at item 8 of Your Schedule. Your Excess is the amount of each and every claim that You must pay. Where a single Oil Spill results in multiple claims Your Excess is payable only once. For example, where a single Oil Spill results in: Clean Up Costs at Your premises or a third-party s premises; and Third-Party Liability. Your Excess will be no more than XXXXXX in total for any claims made under Your WorkSpill Policy relating to that single Oil Spill. Page 4 of 11

5 What We don t pay The following apply to all parts of Your WorkSpill Policy and are in addition to what We do not cover in respect of each part above for Clean Up Costs and Third-Party Liability. We will not make a payment under any part of Your WorkSpill Policy in respect of claims arising from: 1. any Oil Spill which took place before or after the Period listed in Your Schedule. 2. Your intentional non-compliance, whether directly or indirectly, or intentional disregard of, or knowing, wilful or deliberate non-compliance with any legislation, regulation, notice letter or instruction from any governmental agency or body. 3. Your failure to employ all reasonable mitigation or remedial measures to prevent or avoid any Oil Spill or take additional precautions as soon as possible after discovery of any Oil Spill to mitigate imminent and substantial threat to human health or the environment. 4. the presence of lead-based paint, asbestos or asbestos containing material in, or applied to any structure, including any Insured Oil Tank. 5. any Oil Tank with more than 10% of its volume below ground level. 6. any Oil Tank in excess of 20 years old unless We have agreed otherwise with you in writing. 7. any building work involving or affecting the Oil Tank. 8. any de-commissioned or abandoned Oil Tank. 9. loss, damage, destruction or liability arising from pollution or contamination other than an Oil Spill. 10. Radiation. 11. War or an act of War. 12. any liability or obligation that You assume in a contractual provision, unless You would have such liability or obligation in the absence of any such contractual provision. 13. any fine or penalty, whether criminal or civil, punitive or exemplary in nature. 14. Terrorism or an act of Terrorism. Page 5 of 11

6 Your claims When You need to notify a claim under Your WorkSpill Policy: Phone: or uk.claims@chubb.com When You make a claim under Your WorkSpill Policy: 1. We shall be entitled to investigate the circumstances giving rise to a claim made under Your WorkSpill Policy and may require You to provide extra information and evidence before We make a payment to You. 2. You shall not incur any legal costs, make any admission or agree to make any payment in relation to a Claim without Our express prior written consent. 3. We shall have the right to conduct the defence and settlement of a Claim on Your behalf, including the appointment of solicitors or other experts. 4. If you make a claim based on or supported by or embellished with deliberately false statements or evidence We shall have the right to refuse to make a payment to You for such claim and cancel Your WorkSpill Policy with immediate effect. 5. If We make a payment to You under Your WorkSpill Policy We shall be entitled to make and pursue claims in Your name against any party who We consider was responsible for causing the claim which We paid. 6. You shall claim under only one WorkSpill policy in respect of any Oil Spill or claim. Your conditions 1. The Cost of Your WorkSpill Policy is calculated on the basis of the Period. It shall be paid in equal monthly instalments from the time You take out Your WorkSpill Policy. 2. Your WorkSpill Policy shall continue until cancelled by You or by Us. In respect of cancellation: a. You may cancel Your WorkSpill Policy at any time by writing to Us, the effective date for which shall be the date of the written notice. You have the legal right to cancel Your WorkSpill Policy within 14 days of the start of the Period. We will refund any payment You have made, less the amount that covers the 14 days Your WorkSpill Policy has been in force. b. We shall not cancel Your WorkSpill Policy before the expiry of the Period unless item 4 of Your claims or item 3 of Your conditions applies, and thereafter may cancel Your WorkSpill Policy on 1 months written notice to You. c. Where notice of cancellation has been given, the part of The Cost of Your WorkSpill Policy paid by You that covers a period after the effective date of such notice shall be refunded to You unless We have made a payment to You for a claim at any time in the Period. 3. We shall not refuse or reduce the cover provided by Your WorkSpill Policy as a result of inaccurate or incomplete information provided by You before the first day of the Period except where You provided false or incomplete information deliberately to Us, in which case We shall be entitled to cancel Your WorkSpill Policy with immediate effect and decline to make a payment to You for any claim already made that was a result of such false or incomplete information. 4. If, during the Period, Your legal status or business model changes so that Your answers to the questions We asked You before You purchased Your WorkSpill Policy would materially change, You will notify Us as soon as possible as We may need to change the terms and conditions (including The Cost and Your Excess) of Your WorkSpill Policy accordingly. If You do not do so, this could reduce, or remove Your entitlement to, a payment for a claim made after such change under Your WorkSpill Policy. 5. Where another insurance policy is available to cover a claim, Your WorkSpill Policy shall apply first. Page 6 of 11

7 6. Your WorkSpill Policy is governed by the law of England and Wales. Words and phrases used in Your WorkSpill Policy shall have their ordinary plain English meaning except where specifically defined. 7. Your WorkSpill Policy shall not be assigned without Our express prior written consent, and nothing in Your WorkSpill Policy is intended to confer any directly enforceable benefit or right upon any party other than You and Us. Sanctions limitation We shall not provide cover and We shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. Page 7 of 11

8 Your complaints We are dedicated to providing a high quality service and want to maintain this at all times. If You are not happy with Our service, please contact Us, quoting Your WorkSpill Policy number, so We can deal with the complaint as soon as possible. In the event of a complaint relating to the sale or servicing of Your WorkSpill Policy, please contact: Phone: cust.servuk@chubb.com In the event of a complaint relating to a claim, please contact: Phone: cust.servuk@chubb.com You can approach the Financial Ombudsman Service for assistance if there is dissatisfaction with Our final response or after 8 weeks from making the complaint if not resolved satisfactorily. Any approach to the Financial Ombudsman Service must be made within 6 months of Our final response. Contact details are given below. A leaflet explaining the procedure is available on request. Address: Phone: The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR Fax: Website: (Monday to Friday 8am to 8pm, Saturday 9am to 1pm) - Calls are free from a landline or mobile in the United Kingdom Calls cost no more than costs to 01 or 02 numbers. complaint.info@financial-ombudsman.org.uk Following this complaints procedure does not affect Your statutory rights relating to Your WorkSpill Policy. For more information about statutory rights, You should contact Citizens Advice. European Online Dispute Resolution Platform If You arranged Your WorkSpill Policy with Us online or through other electronic means, and have been unable to contact Us either directly or through the Financial Ombudsman Service, You may wish to register Your complaint through the European Online Dispute Resolution platform: Your complaint will then be re-directed to the Financial Ombudsman Service and to Us to resolve. There may be a short delay before We receive it. Our Regulators We are Chubb European Group Limited, Registered in England and Wales No with registered office at, 100 Leadenhall Street, London, EC3A 3BP. We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Reference Number Full details can be found on the Financial Services Register by visiting or by contacting the FCA on (Calls are free from a landline or mobile in the United Kingdom). Page 8 of 11

9 Financial Services Compensation Scheme Whilst only You and Us have legal rights under Your WorkSpill Policy, in the unlikely event that We are unable to meet Our liabilities, You may be entitled to compensation under the Financial Services Compensation Scheme (FSCS). Its contact details are: Address: Financial Services Compensation Scheme PO Box 300 Mitcheldean GL17 1DY Phone: or Website: Your data We use personal information which You supply to Us in order to write and administer Your WorkSpill Policy including any claims arising from it. This information will include basic contact details such as Your name, address, and policy number, but may also include more detailed information about You (for example, Your age, health, details of assets, claims history) where this is relevant to the risk We are insuring, services We are providing or to a claim You are reporting. We are part of a global group, and Your personal information may be shared with Our group companies in other countries as required to provide coverage under Your WorkSpill Policy or to store Your information. We also use a number of trusted service providers, who will also have access to Your personal information subject to our instructions and control. You have a number of rights in relation to Your personal information, including rights of access and, in certain circumstances, erasure. This section represents a condensed explanation of how We use Your personal information. For more information, We strongly recommend You read Our user-friendly Master Privacy Policy, available here: You can ask us for a paper copy of the Privacy Policy at any time, by contacting Us at dataprotectionoffice.europe@chubb.com. Page 9 of 11

10 Defined terms Certain words in Your WorkSpill Policy have a specific meaning. They have this specific meaning wherever they appear and are shown by using bold text. The following defined terms are applicable to Your WorkSpill Policy as a whole. 1. Bodily Injury means physical injury or illness, disease, mental anguish, or emotional distress sustained by any person, including death. 2. Claim(s) means either a written communication or a proceeding issued by a civil court that You received complaining of Your wrongdoing and demanding monetary redress, arising from an Oil Spill. 3. Clean Up Costs means reasonable expenses incurred by You with the written consent of Us in the investigation, characterisation, quantification, monitoring, abatement, removal, disposal, treatment, neutralisation or immobilisation of oil following an Oil Spill to the extent required by Environmental Law and as directed by a Regulatory Authority. 4. Environmental Law means any laws, including, but not limited to, statutes, regulations, subordinate legislation, common law, judgments, statutory guidance and all amendments thereto, including the European Union Directive 2004/35/ EC on environmental liability and all amendments thereto, governing Your liability following an Oil Spill. 5. Emergency Work means those necessary actions taken by You to abate or respond to an imminent and substantial threat to human health or the environment arising from an Oil Spill. 6. Insured Oil Tank means an Oil Tank You disclosed to Us and we have agreed to cover by listing such Oil Tank in Your Schedule. 7. Oil Spill means the discharge, dispersal, release, escape, migration or seepage of oil from an Insured Oil Tank into surface soils, subsurface soils, surface water, or groundwater. 8. Oil Tank means a purpose built, fixed, above ground level, oil storage container, including associated piping connected thereto. 9. Period means from 00:01 on the first day, month, year to midnight on the last day, month, year shown in Your Schedule; or until You or We cancel Your WorkSpill Policy. 10. Property Damage means a. loss of or damage to material property b. loss of use of material property which is not physically damaged c. diminishment in value of material property d. trespass nuisance or obstruction or interference with including enjoyment of or use of or material harm, inconvenience, or obstruction to any real estate, easement, right of air, light, water or way over land. 11. You or Your means the person, people or companies set out at item 3 of Your Schedule and anyone else that We have specifically agreed to cover. 12. Your Excess means the amount which You are responsible for set out at item 9 of Your Schedule. 13. Your Schedule means the document headed as such that We have issued to You providing the specific terms applicable to You only, a summary of the cover provided by Your WorkSpill Policy, and other important information about You and Us. 14. Your WorkSpill Policy means this insurance policy document which is an agreement between You and Us. Your WorkSpill Policy includes Your Schedule and contains the full terms and conditions of the cover that We provide for Clean Up Costs and Third-Party Liability. 15. Radiation means: Page 10 of 11

11 a. ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the use of nuclear fuel; or b. radioactive, toxic, explosive of other hazardous properties of any nuclear assembly or nuclear component. 16. Regulatory Authority means the Environment Agency, Scottish Environment Protection Agency, Natural Resources Wales, or any other any legal body, authority, agency or other person and/or any court of law or tribunal in each case having authority under Environmental Law. 17. Terrorism means the unlawful use of force or violence and intimidation especially against civilians in order to affect political, religious or ideological change. 18. The Cost means the amount You must pay to Us for Your WorkSpill Policy set out at item 10 of Your Schedule. 19. Total Limit means the amount which We will pay for all claims during the Period set out at item 8 of Your Schedule. 20. United Kingdom means England, Scotland, Wales and Northern Ireland. 21. War means armed conflict between nations, invasion, act of foreign enemy, civil war, or taking power by organised military force. 22. We, Us or Our means Chubb European Group Limited set out at item 2 of Your Schedule. Page 11 of 11

12 Contact Us Chubb The Chubb Building 100 Leadenhall Street London EC3A 3BP About Chubb Chubb is the world s largest publicly traded property and casualty insurer. With operations in 54 countries, Chubb provides commercial and personal property and casualty insurance, personal accident and supplemental health insurance, reinsurance and life insurance to a diverse group of clients. As an underwriting company, we assess, assume and manage risk with insight and discipline. We service and pay our claims fairly and promptly. We combine the precision of craftsmanship with decades of experience to conceive, craft and deliver the very best insurance coverage and service to individuals and families, and businesses of all sizes. Chubb is also defined by its extensive product and service offerings, broad distribution capabilities, exceptional financial strength and local operations globally. The company serves multinational corporations, mid-size and small businesses with property and casualty insurance and risk engineering services; affluent and high net worth individuals with substantial assets to protect; individuals purchasing life, personal accident, supplemental health, homeowners, automobile and specialty personal insurance coverage; companies and affinity groups providing or offering accident and health insurance programs and life insurance to their employees or members; and insurers managing exposures with reinsurance coverage. Chubb s core operating insurance companies maintain financial strength ratings of AA from Standard & Poor s and A++ from A.M. Best. Chubb Limited, the parent company of Chubb, is listed on the New York Stock Exchange (NYSE: CB) and is a component of the S&P 500 index.ultrices. In fermentum, lorem non cursus. Chubb European Group Limited registered number registered in England & Wales with registered office at 100 Leadenhall Street, London EC3A 3BP. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Full details can be found on the Financial Conduct Authority s register by visiting Page 12 of 12