Liability Wording. Barlow House Minshull Street Manchester M1 3DZ T E

Transcription

1 Liability Wording Barlow House Minshull Street Manchester M1 3DZ T E info@nucleusunderwriting.com

2 Nucleus Underwriting Liability Wording In consideration of the Insured having paid in full the Premium and submitted to the Company a written Proposal Form and/or any other written information bearing the date stated in the Schedule; the Company hereby agrees to indemnify the Insured to the extent and in the manner hereafter provided, subject to the terms, exclusions, conditions and limitations contained herein or endorsed hereon. Such a written Proposal Form and or any other written information is incorporated into and shall form the basis of this Policy Contents 1. INSURING CLAUSES COVERAGE EXTENSIONS CONDITIONS GENERAL EXCLUSIONS DEFINITIONS POLICYHOLDER COMPLAINTS Barlow House Minshull Street Manchester M1 3DZ T E info@nucleusunderwriting.com

3 1. Insuring Clauses 1.1. Section 1 Public Liability The Company shall indemnify the Insured against loss arising from Claims made against the Insured, in the location stated in the Schedule, for damages, claimant s cost and expenses arising out of the Insured s legal liability for Injury and/or Damage occurring during the Period of Insurance Excluding any legal liability for Injury and/or Damage caused by the Insured s Products Clinical trial breach of professional duty or wrongful or inadequate advice given separately for a fee Business activity carried on outside of the Location stated in the Schedule The Company shall also indemnify the Insured for Defence Costs in addition to the Limit of Liability stated in the Schedule provided such costs are incurred with the Company s prior written consent 1.2. Section 2 Product and Service Liability This Insuring Clause is written on a Claims Made and Notified basis The Company shall indemnify the Insured against loss arising from Claims made against the Insured, in the location stated in the Schedule, for damages, claimant s cost and expenses arising out of the Insured s legal liability for Injury and/or Damage in connection with any Product or Service, provided that: any Injury and/or Damage occurred on or after the Retroactive Date specified in the Schedule and before the expiry date of the Policy any Product has left the custody or control of the Insured on or after any Retroactive Date stated in the Schedule a Claim must first be made against the Insured during the Period of Insurance a Claim must be notified to the Company within sixty days of the expiry of the Period of Insurance Excluding any breach of professional duty or wrongful or inadequate advice given separately for a fee Clinical Trial liability arising in contract other than a warranty of fitness of the Insured s Product or Service established under the Sale of Goods Act 1979 or equivalent legislation or a warranty that work done will be performed in a workmanlike manner; Business activity carried on outside of the Location stated in the Schedule The Company shall also indemnify the Insured for Defence Costs inclusive within the Limit of Liability stated in the Schedule provided such costs are incurred with the Company s prior written consent 1.3. Section 3 Clinical Trials Liability This Insuring Clause is written on a Claims Made and Notified basis The Company shall indemnify the Insured against loss arising from Claims made against the Insured, in the location stated in the Schedule, for damages, claimant s cost and expenses arising out of: Nucleus Underwriting - NUW Liability 0614 Page 1 of 17

4 Compensation injury and/or Damage sustained by a Human Subject participating in a Clinical Trial, the damages, claimant s cost and expenses for which are established and agreed in accordance with the Clinical Trial Compensation Guidelines; or Legal Liability Provided that the Insured s legal liability for Injury and/or Damage sustained by a Human Subject participating in a Clinical Trial; any Injury and/or Damage occurred on or after the Retroactive Date specified in the Schedule and before the expiry date of the Policy a Claim is made against the Insured during the Period of Insurance a Claim is notified to and accepted by the Company within sixty days of the expiry of the Period of Insurance The Company shall also indemnify the Insured for Defence Costs inclusive within the Limit of Liability stated in the Schedule provided such costs are incurred with the Company s prior written consent 1.4. Section 4 Product and Service Professional Liability This Insuring Clause is written on a Claims Made and Notified basis The Company shall indemnify the Insured against loss arising from Claims made against the Insured, in the location stated in the Schedule and arising out of the conduct of the Business stated in the Schedule, for compensation arising out of any civil liability. Provided that any civil liability occurred on or after the Retroactive Date specified in the Schedule and before the expiry date of the Policy a Claim is made against the Insured during the Period of Insurance a Claim is notified to and accepted by the Company within sixty days of the expiry of the Period of Insurance the Insured maintains all rights of recovery against a third party Excluding any business activity carried on outside of the Location stated in the Schedule indemnity for or arising out of or relating to the liability of the Insured s directors, officers and/or trustees in their respective capacities as such The Company shall also indemnify the Insured for Defence Costs inclusive within the Limit of Liability stated in the Schedule provided such costs are incurred with the Company s prior written consent 1.5. Section 5 Employers Liability Even if terms and conditions elsewhere in the Policy restrict coverage, this Section always provides for coverage required to be insured by the United Kingdom Employers Liability (Compulsory Insurance) Act 1969 as amended. The Company shall indemnify the Insured against loss arising from Claims made against the Insured, in the location stated in the Schedule, in respect of the Insured s legal liability to pay damages, Nucleus Underwriting - NUW Liability 0614 Page 2 of 17

5 claimant s cost and expenses arising out of Injury to any Employee occurring during the Period of Insurance At the Insured s request, the Company will advance payment if any judgement in favour of an Employee is unsatisfied after six months unless the judgement is under appeal Provided that any indemnity granted applies only to such liability: required to be insured under the United Kingdom Employers Liability (Compulsory Insurance) Act 1969 as amended and corresponding legislation applicable in Northern Ireland, the Isle of Man, the Island of Guernsey, the Island of Jersey and the Island of Alderney as would otherwise be covered under but for Injury sustained by an Employee resident in the United Kingdom but who is seconded overseas for a temporary period of less than six months The Company shall also indemnify the Insured for Defence Costs in addition to the Limit of Liability stated in the Schedule provided such costs are incurred with the Company s prior written consent Nucleus Underwriting - NUW Liability 0614 Page 3 of 17

6 2. Coverage Extensions These Extensions apply to the relevant sections unless modified, deleted or replaced by endorsement 2.1. Applicable to all Sections Acquisitions The Policy applies to entities acquired or newly created provided always that: any additional turnover does not exceed 10% of the Insured s existing turnover and that the Insured provides written notice to the Company within thirty days The Company can refuse cover or amend Policy terms and conditions once written notice has been received No cover applies if the entity acquired or created has a business different to the business described in the Schedule or if indemnity is already provided under any other insurance Extended Reporting Periods Applicable where the Insuring Clause of any individual Section is written on a Claims Made and Notified basis If the Company does not renew this Policy or cancels it prior to its normal expiry for reasons other than non-payment of premium or fraud, the Insured can extend for up to five years the time period allowed for the reporting to the Company of a Claim or a circumstance which is likely to give rise to a Claim, Within thirty days of the end of the Period of Insurance, or cancellation date, the Insured must: give written notice of the Insured s intention to extend the reporting period; and pay an additional premium equal to no more than 200% of the annual premium. This extension does not extend the Period of Insurance; or increase any aggregate Limit of Liability may not be cancelled once in effect Applicable to Section 1 Public Liability Data Protection Act The Company shall indemnify the Insured, for liability arising under Section 13 of the Data Protection Act 1998 except: for the costs of replacing, reinstating, rectifying or erasing any Personal Data defined in the Data Protection Act 1998; against liability arising from the recording, processing or provision of data for reward or the determining of the financial status of a person; where the Insured is not registered according to the terms of the Data Protection Act 1998 against liability attaching under a contract which would not have attached in its absence Cross Liabilities Each party stated as the Insured in the Schedule is indemnified in respect of Claims made by any other such party provided that the Company s total liability does not exceed the Section Limit of Liability shown in the Schedule. Nucleus Underwriting - NUW Liability 0614 Page 4 of 17

7 Overseas Personal Liability At the request of the Insured, the Company shall indemnify any director, officer, Employee or family member in their personal capacity whilst temporarily outside Great Britain, Northern Ireland and the Channel Islands or the Isle of Man for the purposes of the Business described in the Schedule. Provided that the Company shall not provide indemnity for liability caused by or arising from the ownership, occupation or use by the Insured of land, buildings or motor vehicles 2.3. Applicable to Section 2 Product and Service Liability Advertising Injury The Company shall indemnify the Insured against liability to pay damages and claimant s costs arising out of accidental: (e) slander or libel of a person or organisation; or disparagement of a person's or organisation's Products or Services; or violation of a person's right of privacy; or wrongful use of another's advertising idea or infringement of another's trading style; or infringement of copyright, title or slogan but only arising out of promotional material distributed to the public at large. The Company shall not provide indemnity arising from: (e) (f) material first published before any Retroactive Date specified in the Schedule; a contract, where the liability would not have arisen apart from that contract; breach of contract, other than misappropriation of advertising ideas under an implied contract; failure to conform with advertised quality or performance; incorrect pricing; internet advertising; Cross Liabilities Each party stated as the Insured in the Schedule is indemnified in respect of Claims made by any other such party provided that the Company s total liability does not exceed the Section Limit of Liability shown in the Schedule Defective Premises Act The Company shall indemnify the Insured against liability under Section 3 of the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order Vendor Liability At the request of the Insured, the Company shall indemnify any vendor for liability arising from the Insured s Products distributed or sold in the regular course of the vendor s business Provided that indemnity shall not apply to liability: assumed by the vendor under a contract or agreement which would not have attached in the absence of such contract or agreement; arising under any express warranty or guarantee; arising out of any physical or chemical change in the Products made intentionally by the vendor; arising out of the repackaging of Products unless solely for the purpose of inspection, demonstration, testing or substitution of parts under instructions from the Insured and then repackaged in the original container; Nucleus Underwriting - NUW Liability 0614 Page 5 of 17

8 (e) (f) arising out of the demonstration, installation, service or repair operations other than such operations performed at the vendor s premises in connection with the sale of the Products; arising out of Products which have been labelled or re-labelled or used as a container part or ingredient or any other thing or substance by or for the vendor; This extension does not provide an indemnity to any person or organisation from whom the Insured has obtained Products or any ingredient, part or container of Products Applicable to Section 3 Clinical Trial Liability Ethics Committee The Company shall indemnify any Ethics Committee, but only at the request of the Insured, and only arising out of liability to which this Policy applies and provided that such ethics committee: is subject to the terms and conditions of this Policy as though it were the Insured; and is not entitled to indemnity under any other insurance; and has no conflict of interest with the Insured. This extension is effective only where a written contract exists between the Insured and the Ethics Committee and applies to activities happening on or after the written contract commences Applicable to Section 4 Product and Services Professional Liability Fee reimbursement If a customer of the Insured withholds fees due because of the Insured s negligent provision to the customer of Products and Services arising out of the Business described in the Schedule, the Company shall reimburse the Insured the withheld fees provided that: A written contract exists between the Insured and its customer Attempts by the Insured to recover withheld fees will result in a Claim or a threat of a Claim by the customer the customer provides written confirmation that it will not make a Claim if the Insured writesoff fees due from that customer Nucleus Underwriting - NUW Liability 0614 Page 6 of 17

9 3. Conditions These Conditions apply to the relevant sections unless modified, deleted or replaced by endorsement 3.1. Conditions Applicable to all Sections Assistance and co-operation The Insured shall provide to the Company all necessary co-operation and information the Company is likely to require. The Company shall be entitled to refuse to pay any Claim if the Insured fails to do so Cancellation The Company may cancel this Policy by sending written thirty-day notice of cancellation to the Insured's last known address Claim Notification The Insured must give to the Company written notice of any Claim made against the Insured or circumstances which are likely to give rise to such a Claim and which are likely to fall within the scope of this Policy. Such notice should be provided within a reasonable time Entitlement to Defend At the Company s discretion, the Company can take over and conduct, in the name of the Insured, the defence or settlement of any Claim Fraudulent Claims This Policy shall become void if any Claim under this Policy is in any respect fraudulent Interpretation and disputes The Policy and Schedule shall be read together as one contract and interpreted by English and Welsh law In the event of a Policy interpretation dispute, each party will submit to the exclusive jurisdiction of any court of competent jurisdiction within England and Wales and comply with all requirements necessary to give such court jurisdiction Limit of Liability The Company s total liability to pay damages, claimants' costs and expenses shall not exceed the sum stated in the Schedule in respect of any one Occurrence. The Company s total liability for an Occurrence that involves more than once Section as follows: Section 2 Product and Service Liability and/or Section 3 Clinical Trial Liability and/or Section 4 Product and Service Professional Liability shall not exceed the largest single Limit of Liability available under such Sections The Company s total liability to pay damages, claimants' costs and expenses in respect of the Period of Insurance shall not exceed the aggregate Limit of Liability shown in the Schedule Nucleus Underwriting - NUW Liability 0614 Page 7 of 17

10 Excess No indemnity shall be granted for the Excess stated in the Schedule in respect of the first amount of each Occurrence. The Excess amount includes any Defence Costs. The limits of liability stated in the Schedule are in excess of and not reduced by the amount of any Excess Contribution If at the time of a Claim there is in place any other insurance covering the same risk or part thereof, the Company shall not be liable for more than their rateable proportion thereof Material Change The Insured shall give notice to the Company of any condition materially affecting the risks insured under this Policy. The Company shall not be liable in respect of any Claim due to any such condition until the Company has agreed in writing to accept liability for such condition Non-Admission of Liability The Company shall be entitled to refuse to pay any Claim under this Policy if the Insured concedes liability without the written consent of the Company Premium Payment The Insured shall pay premium in full to the Company within sixty days of inception of this Policy. In the event of cancellation, premium is due to the Company on a pro rata basis for the period that the Company is on risk, but the full Policy premium shall be payable to the Company in the event of a loss prior to the date of termination which gives rise to a Claim under this Policy Proposal Any Proposal supplied by the Insured will be incorporated into and form the basis of the Policy. The Insured must ensure that all the statements in the Proposal are accurate and that the Insured has not withheld or misrepresented any material information. The Company may choose to reject Claims connected to the misrepresentation, continue with the Policy at increased terms or void the Policy Subrogation In the event of any payment by the Company, the Company shall be subrogated to all the rights of recovery of the Insured up to the amount of such payment United States of America and Canada Jurisdiction Where the Company provides indemnity to the Insured against loss arising from Claims made against the Insured, in the United States of America or Canada the Policy shall not cover any liability for and/or arising out of Pollution and/or the cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances the Limits of Liability stated in the Schedule are inclusive of Defence Costs disputes concerning Policy interpretation are subject to the law and exclusive jurisdiction of England and Wales Nucleus Underwriting - NUW Liability 0614 Page 8 of 17

11 The Company shall not be liable for the amount shown as the applicable Excess in the Schedule. For the purpose of this condition, Claim shall be deemed to include compensatory awards or damages, claimants costs, fees and expenses and associated Defence Costs Condition Applicable to Section 2 Product and Service Liability Rights of Recourse The Company shall be entitled to refuse to pay any Claim under this Policy if the Insured fails to maintain unhindered rights of recourse against any manufacturer or provider of any Product or component part of a Product supplied to the Insured Condition Applicable to Section 3 Clinical Trials Liability Contesting Legal Proceedings The Insured shall not be required to contest any legal proceedings unless Counsel of not less than fifteen years experience (to be selected by the Company after consultation with the Insured) advises that such proceedings should be contested with a reasonable prospect of success Condition Applicable to Section 4 Product and Service Professional Liability Dishonest or Fraudulent Claim Recovery Where a Claim or circumstance involves the dishonest or fraudulent act or omission of any Employee of the Insured: the Insured shall at the request and expense of the Company take reasonable steps to obtain reimbursement from such person; any monies which but for the dishonest or fraudulent act or omission would be due to such persons from the Insured or any monies of such persons held by the Insured shall be retained by the Insured and allocated to reducing the amount of a Claim; nothing in this Policy shall preclude the Company from exercising any right of subrogation against any person committing or condoning such dishonest or fraudulent act or omission; no payment shall be made by the Company under this Policy until after the final ascertainment of the amount of any recovery from the dishonest or fraudulent person or persons or their estates or legal representatives Condition Applicable to Section 5 Employers Liability Employers Liability Tracing Office Notice The under noted information shall be provided to the Employers Liability Tracing Office, (ELTO) and added to the Employers Liability Database (ELD). the Policy Number, employers names and addresses, including subsidiaries and any relevant changes of name, coverage dates and, if relevant, the employer s reference numbers provided by Her Majesty s Revenue and Customs and Companies House Reference Numbers Nucleus Underwriting - NUW Liability 0614 Page 9 of 17

12 The information will be provided to the ELD by the Company, in compliance with the provisions of the Employers Liability Insurance: Disclosure by the Company Instrument The ELTO may provide such information to third parties to assist individuals with Employer s Liability claims arising out of employment in the United Kingdom Nucleus Underwriting - NUW Liability 0614 Page 10 of 17

13 4. General Exclusions Exclusions Applicable to all Sections This Policy does not apply to or include indemnity for or arising out of or relating to: 4.1. Asbestos asbestos whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss or in respect of that part of any property insured by this Policy which consists of asbestos 4.2. Aircraft, Watercraft or Offshore Installations the Insured s custody or use of any aircraft, spacecraft, hovercraft, offshore installation, rig, platform or watercraft, except inland watercraft not exceeding 10 metres in length; Products knowingly supplied by the Insured for incorporation into the structure, machinery or controls of any aircraft, other aerial device, hovercraft or waterborne craft 4.3. Transport the use of motor vehicles or trailers unless as a tool of trade and not subject to compulsory motor insurance 4.4. Care, Custody or Control Damage to property under the control of the Insured except: personal property of Employees and visitors; or premises temporarily occupied by the Insured other than for Damage to property upon which the Insured is working and which arises out of such work; or loan equipment sited at premises temporarily occupied by the Insured and used by the Insured to further the Insured s research Damage caused by the Insured s negligence and assumed in a tenancy agreement or a formal agreement to use equipment owned by a third party 4.5. Compassionate Use Products supplied to patients for compassionate reasons except where such Products are already undergoing Clinical Trial or submitted to regulators for marketing approval 4.6. Criminal Acts Claims caused by or contributed to by a criminal act of the Insured 4.7. Defective Premises The Insured s land or buildings after their sale or disposal Nucleus Underwriting - NUW Liability 0614 Page 11 of 17

14 4.8. Diseases Acquired Immune Deficiency Syndrome and conditions of a similar kind including related pathogens Hepatitis and conditions of a similar kind including related pathogens Diseases caused by or contributed to by any Transmissible Spongiform Encephalopathy 4.9. Employees Injury to Employees arising out of and in the course of employment by the Insured accept as provided under Section 5 Employers Liability Employer Obligations Any breach of any obligation owed to any Employee or applicant for employment; Fines, warranties and guarantees fines, penalties, civil or criminal sanctions punitive, multiple or exemplary damages performance warranties, guarantees, penalty clauses or similar provision unless the liability of the Insured would have existed to the same extent in the absence of such warranty, guarantee or clause or similar provision Insolvency The insolvency or bankruptcy of the Insured unless liability would arise in the absence of such insolvency or bankruptcy Medical Services Provision of medical services or care except treatment administered by the Insured at a medical emergency Patent and Trade Secret Passing-off or infringement of a patent or trade secret Pollution Pollution occurring: in the United States of America or Canada anywhere other than the United States of America or Canada unless as a direct result of a sudden, identifiable, unintended and unexpected event occurring in its entirety at a specific time and place during the Period of Insurance Radioactive Contamination radioactive contamination by nuclear materials and waste the hazardous properties of any nuclear assembly or nuclear component thereof; Nucleus Underwriting - NUW Liability 0614 Page 12 of 17

15 This exclusion shall not apply to Injury or Damage caused by the Insured s Products used in disease diagnosis and treatment Recall, Repair or Replacement Costs and expenses incurred in the refund, recall, repair, reconditioning or replacement of any Product or Service Related Entities and Joint Ventures Claims brought by the Insured, its parent or any person having a financial, executive or controlling interest in the Insured; or entities controlled or managed by the Insured; or joint ventures with the Insured conducted with third parties other than in respect of any Claim or circumstance arising from the Business shown in the Schedule, provided that such Claim or circumstance emanates from a wholly independent third party Terrorism Acts of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss including action taken in controlling, preventing, suppressing or in any way relating to any act of Terrorism. This exclusion shall not apply to Section 5 Employers Liability, Trading Losses Trading liabilities or guarantees incurred or provided by the Insured War War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power Nucleus Underwriting - NUW Liability 0614 Page 13 of 17

16 5. Definitions Claim means a demand for damages including any counterclaim; a writ, suit, summons, proceeding, award or any other remedy made by a competent body; communicated to the Insured and arising out of cover provided to the Insured by this Policy Clinical Trial means any investigation or study in Research Subjects undertaken to assess the safety and/or performance of a Product or Service but always in compliance with statutory requirements laid down in the country in which the investigation or study takes place Clinical Trial and Compensation Guidelines means The most recently issued Guidelines, or their subsequent revisions, issued by the ABPI or the ABHI concerning all phases of a Clinical Trial or medical device clinical investigation; or guidelines enforced by a government or regulatory authority; or other guidelines voluntarily entered into by the Insured and agreed by the Company all of which determine procedures by which a Research Subject should be compensated in respect of Injury or Damage as a result of participation in a Clinical Trial covered by this Policy Company means Nucleus Underwriting on behalf Mitsui Sumitomo at Lloyd's and other Lloyd s Underwriters Damage means Tangible property that is accidentally lost or physically damaged Defence Costs means Company-approved costs incurred by the Insured in the investigation, defence or settlement of a Claim. They include: representation at an inquest or inquiry or attendance as a court witness defence of proceedings in a Court of Summary Jurisdiction and/or defence of criminal proceedings, including appeals against conviction, brought against the Insured by a third party. Provided that any alleged offence is committed during the Period of Insurance and in the course of the Business costs resulting from a prosecution brought against the Insured for offences committed under sections 21(1), 21(2), 22(6) or 47(1) of the Data Protection Act 1998 costs of repair, replacement or reconstitution of any document Employee means any person working for and under the control of the Insured and in connection with the Business described in the Schedule Nucleus Underwriting - NUW Liability 0614 Page 14 of 17

17 Excess means the first part of each and every Claim including Defence Costs for which the Insured is responsible Injury means bodily injury, mental injury, psychiatric injury, emotional distress, loss of amenity, illness or disease Insured means: The Insured named in the Schedule and subsidiary companies accepted in writing by the Company Persons or parties named below a. prior entities including their principals, partners, directors or members and their legal representatives, estate or heirs; b. managerial or supervisory Employees; c. any director or partner of the Insured in respect of private work undertaken by any Employee for such director or partner; d. members of catering, social, sports and welfare organisations; medical, health, safety, firefighting and security services for legal liabilities incurred in their respective capacity as such; e. any person or organisation providing a Service to the Insured but only where: i. a written contract exists between the Insured and such person or organisation; ii. iii. activities commence after the written contract commences; where promises, warranties or Product modifications made by such person or organisation are with the Insured s express permission f. Any firm or person contracted with the Insured to provide labour only; g. Any principal for work carried out by the Insured under a contract or agreement in respect of which the Insured would have been entitled to indemnity under this Policy if a Claim had been made against the Insured; but only at the Insured s request, and only for work arising in connection with the Business described in the Schedule; and provided always that all persons or parties shall observe, fulfil and be subject to the terms of this Policy Occurrence means an event or series of events having a common originating cause, including continuous or repeated exposure to substantially the same general harmful conditions. Pollution means all pollution or contamination of structures, water, land or atmosphere and Damage or Injury caused by such pollution of contamination Product means tangible output, produce or premises of the Insured no longer under its custody or control. Product excludes canteen food and drink provided mainly for consumption by Employees and visitors to the Insured s premises Proposal means Nucleus Underwriting - NUW Liability 0614 Page 15 of 17

18 information provided by the Insured and relied on by the Company Research Subject means a person or unborn child participating in a Clinical Trial, including legal representatives, estates or heirs Service means any services provided by the Insured in the conduct of the Business stated in the Schedule Terrorism means a UK Government-declared act of Terrorism or Terrorism declared by any other body authorised to do so in the country in which the act occurred. Nucleus Underwriting - NUW Liability 0614 Page 16 of 17

19 6. Policyholder Complaints Mitsui Sumitomo at Lloyd's values the opportunity to investigate any concerns the Insured may have about any aspect of its service and is committed to handling all complaints fairly, thoroughly and promptly. Many concerns can be resolved straight away therefore in the first instance, please get in touch with your usual contact as they will generally be able to provide you with an immediate response to your satisfaction Contact details will be provided on correspondence that Mitsui Sumitomo at Lloyd's or our representative have sent you If Mitsui Sumitomo at Lloyd's cannot resolve your complaint straight away, it will aim to resolve the Insured s concerns as soon as possible and will keep you informed of progress while enquiries are continuing. The majority of complaints Mitsui Sumitomo at Lloyd's receives are resolved within four weeks of receipt. Next steps if you are not happy with the response provided Mitsui Sumitomo at Lloyd's is dedicated to its customers and seeks to do what is right. Sometimes it may not be able to reach an agreement with the Insured. If this is the case and the Insured remains dissatisfied with Mitsui Sumitomo at Lloyd's response the Insured may contact the Lloyd s Complaints department at: Policyholder & Market Assistance Market Services Lloyd s One Lime Street London EC3M 7HA complaints@lloyds.com Telephone: +44 (0) Fax: +44 (0) If Lloyd s is unable to resolve the complaint to the Insured s satisfaction then, in certain circumstances, the Insured may then ask the Financial Ombudsman Service (FOS) to review the complaint. Details will be provided to the Insured at the appropriate stage of the complaint process. The Financial Services Compensation Scheme (FSCS) Mitsui Sumitomo at Lloyd's is covered by the Financial Services Compensation Scheme (FSCS). The Insured may be entitled to compensation should Mitsui Sumitomo at Lloyd's be unable to meet its obligations. Further information is available on or the Insured may contact the FSCS on Following this complaints procedure does not affect the Insured s legal rights. Nucleus Underwriting - NUW Liability 0614 Page 17 of 17