All Trade. Combined Policy Wording. All Trade Policy Wording. Page 1 ALL-TRADE-WORDING /01

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1 All Trade Combined Policy Wording Page 1

2 Contents 1 POLICY GUIDE DEFINITIONS SECTION A - PUBLIC AND PRODUCTS LIABILITY SECTION B - PUBLIC AND PRODUCTS LIABILITY INSURANCE SECTION EXTENSIONS PUBLIC AND PRODUCTS LIABILITY INSURANCE SECTION CONDITIONS SECTION C - EMPLOYERS LIABILITY INSURANCE SECTION EMPLOYERS LIABILITY INSURANCE SECTION - EXCLUSIONS EMPLOYERS LIABILITY INSURANCE SECTION - EXTENSIONS GENERAL CONDITIONS GENERAL EXCLUSIONS COMPLAINTS FINANCIAL SERVICES COMPENSATION SCHEME (FSCS) Page 2

3 1 POLICY GUIDE 1.1 General Do not wait until you have a claim before you read and understand this Policy please read it now and keep it in a safe place. In particular make sure that:- All the details shown in the Schedule are correct (let your Insurance Broker know immediately if any changes are necessary) You have read the conditions and exclusions relating to those applicable Sections shown as covered in the Schedule together with the General Conditions and Exclusions (Applicable to all Sections) You understand the notes on how to make a claim as stated in General Conditions (Applicable to all sections) and your duties in respect of Ministry of Justice Portal Claims as outlined in this guide below. You understand the notes and how to make a complaint as stated in the Complaints Section. If you have any queries about the Policy do not understand any part of it or feel that it does not meet your requirements please consult your insurance broker. 1.2 Important This Policy has been issued to you based on the information supplied about yourself your tenants your Business PREMISES and your Property in the Statement of Fact and other material information declared which forms the basis of the Contract between yourself and the INSURER(s). It is therefore very important that you let your Insurance Broker know immediately of any changes that affect the information you have disclosed to us. For example any material alterations such as changes in your Business/trade operations that alter the information you have disclosed to us. In the event of a general enquiry or query relating to your Policy you the INSURED should in the first instance contact the insurance broker who arranged this Policy or the Underwriters at the address below: CETA Limited. CETA House Cromwell Business house Banbury Road Chipping Norton Oxon OX7 5SR. Tel: / 1 insurance@ceta.co.uk Page 3

4 1.3 Claims In the event of a claim or any circumstance that is likely to result in a claim you must immediately notify the following Woodgate and Clark Claims Management Limited. The Red House West Malling Kent ME19 6QT Tel: new.claims@woodgate-clark.co.uk 1.4 The Ministry of Justice (MOJ reforms) The MOJ reforms are now in effect and apply to the majority of Employers and Public Liability claims arising in England and Wales. Principally these reforms set out a strict timetable for the acknowledgement and handling of claims. If the timetable is breached the costs charged by the claimant s legal representative will increase. As a result prompt reporting of incidents which may give rise to a claim and/or actual claims is vital to ensure investigations can be made in a timely fashion and to keep claim costs to a minimum. Here is what to do if you receive a letter of claim or Claims Notification Form (CNF) from the claimant and/or claimant s representative If you receive a letter of claim or Claims Notification Form (CNF) direct from the claimant and/or claimant s legal representative, do not admit liability and simply acknowledge receipt of the communication. The acknowledgement must be via an electronic format ( is preferred) and within 24 hours from the date of the letter or CNF. In the acknowledgement please advise your INSURER is Syndicate DTW1991 and their correspondence has been sent to Woodgate and Clark who are our Appointed Claims Administrator. After acknowledging the claimant representative please send all correspondence immediately to Woodgate & Clark remembering to quote your Policy number and name as shown on the Schedule. Please note your failure to immediately report a claim or circumstance which may give rise to a claim or to provide our appointed Claims Administrator with full cooperation could result in the support from this Policy being withdrawn. Woodgate and Clark Claims Management Limited The Red House West Malling Kent ME19 6QT Telephone : new.claims@woodgate-clark.co.uk 1.5 Obligations to EMPLOYEES and others We also remind you of your obligations under the Health and Safety at Work Act 1974 to protect the health safety and welfare of your EMPLOYEES which includes. Workplace risk assessments. Full and effective training. Provision of appropriate personal protective equipment (PPE). Communication of health and safety procedures. Page 4

5 1.6 Use of Data It is understood by the INSURED that any information provided to the INSURER(s) regarding the INSURED will be processed by the INSURER(s) in compliance with the provisions of the Data Protection Act We will use your information to manage your insurance Policy including underwriting and claims handling. This may include disclosing it to other insurers third party suppliers loss adjusters and reinsurers (the Group) or Governmental bodies. Your information includes data about your transactions. We may use and share your information with other members of the Group or Governmental bodies to help us and them:- assess financial and insurance risks. recover debt. prevent and detect crime. develop services and systems. We do not disclose your information to anyone outside the Group except:- where we have your permission or where we are required or permitted to do so by Law or to other companies who provide a service to us or you or where we may transfer rights and obligations under this agreement Sensitive Information Some of the personal information we ask you for may be sensitive personal data as defined by the Data Protection Act 1998 (such as information about criminal convictions and civil proceedings). We will not use such sensitive personal data about you or others except for the specific purpose for which you provide it and to provide the services described in your Policy documents. 1.7 Credit Reference Agencies Your information may be linked to and your application assessed using credit reference agency records relating to anyone with whom you have a joint account or similar financial association. 1.8 Guidance Notes in Relation to Collection of EXCESS Please note that payment of the EXCESS is a condition precedent and therefore in the event the EXCESS is not paid when requested the INSURER(s) will not pay the claim under this Policy and the INSURED will have to pay any claims in full and may be liable to repay any costs incurred by the INSURER(s). When the INSURED will be asked to pay the EXCESS:- To encourage the reporting of claim circumstances, in accordance with the condition precedent requirements in General Condition 5, the EXCESS will not be called for by the INSURER(s) unless or until liability has been admitted or Defence Costs are incurred [other than the INSURER(s) own salary and other internal costs]. This approach will apply to all claims with the exception of third party property DAMAGE claims where the INSURED will be asked for the EXCESS as soon as the claim has been lodged and indemnity confirmed. Please note: No EXCESS will be payable unless a formal claim has been made by the claimant or a solicitor or other representative on their behalf. Failure to report an incident which may give rise to a claim may lead to INSURER(s) refusing to pay the claim. Page 5

6 1.9 Employers Liability Tracing Office (ELTO) Notice to Policyholders This Notice does not form part of your contract of insurance and is for information purposes only Certain information relating to your Policy including without limitation the Policy number(s) employers names and addresses (including subsidiaries and any relevant changes of name) coverage dates employers reference numbers provided by Her Majesty s Revenue and Customs and Companies House Reference Numbers (if relevant) will be provided to the Employers Liability Tracing Office (the ELTO ) and added to an electronic database (the Database ). This information will be made available in a specified and readily accessible form as required by the Employers Liability Insurance: Disclosure by Insurers Instrument This information will be subject to regular periodic updating and certification and will be audited on an annual basis. The Database will assist individual consumer claimants who have suffered an employment related injury or disease arising out of their course of employment in the UK for employers carrying on or who carried on business in the UK and who are covered by the employers liability insurance of their employers (the Claimants ):- to identify which insurer(s) were providing Employers liability cover during the relevant periods of employment and to identify the relevant Employers Liability Insurance policies. The Database will be managed by the ELTO The Database and the data stored on it may be accessed and used by the claimants their appointed representatives Insurer(s) with potential liability for UK commercial lines employers liability insurance cover and any other persons or entities permitted by law. By entering into this Policy you will be deemed to specifically consent to the use of your Policy data in this way and for these purposes Fraud Prevention Agencies If false or inaccurate information is provided and fraud is identified or suspected details may 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 when for example:- checking applications for and managing credit and other facilities and recovering debt. checking insurance proposals and claims. checking details of job applicants and Employees. We and other organisations that may access and use information recorded by fraud prevention agencies may do so from other countries. Page 6

7 1.11 Certification of underwriters notice This is to Certify that in accordance with the authorisation granted under Contract to CETA Ltd (the Underwriters) to operate a binding authority underwriting agreement and to act on behalf of the INSURER(s) whose names and proportions underwritten by them are supplied within the Schedule attaching to this Policy the said INSURER(s) are hereby bound each for his own part and not one for another their heirs executors and administrators to insure in accordance with the terms and conditions herein or endorsed hereon Basis of subscribing parties notice The subscribing INSURER(s) obligations under Sections to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing INSURER(s) are not responsible for the subscription of any co-subscribing INSURER(s) who for any reason does not satisfy all or part of its obligations Policy Operative Clause The INSURED named in the Schedule has applied for this insurance and made to the INSURER(s) a Statement of Fact and declared material information upon which the INSURER(s) have relied in deciding to accept this Policy at the terms conditions and premium stated herein and has paid to the INSURER(s) the premium specified in the Schedule. The INSURER(s) in return hereby agree to the extent and in the manner hereinafter provided to indemnify the INSURED against Loss or DAMAGE sustained or legal liability for accidents happening during the PERIOD OF INSURANCE stated in the Schedule after such loss or DAMAGE or legal liability occurs Provided always that this Policy insures only such Sections and Sum Insured items or Limits of Indemnity as are so specified in the Schedule as operative. This Policy the Schedule the Appendices and Endorsements will be read together as one document Signed for and on behalf of [INSURER] Your policy and schedule should be read carefully to ensure that they meet your requirements. They contain details of the cover, exclusions and conditions that apply. Please contact your insurance Broker or advisor if they do not meet your needs in any respect or require amendment. Please keep your policy, schedule and other related documents in a safe place as you will need to refer to them if you make a claim. Page 7

8 2 DEFINITIONS General definitions and interpretation The following words defined below or at the beginning of the individual Sections will have the same meaning attached each time they appear in this policy in bold type face, whether with a capital first letter or not. Where the context so admits or requires, words importing the singular will include the plural and vice versa and words importing the masculine will import the feminine and the neuter. References to 'a person' will be construed so as to include any individual, company, partnership, or any other legal entity. References to a statute will be construed to include all its amendments or replacements. All headings within the Policy are included for convenience only and will not form part of this Policy. ACT OF TERRORISM Means any act including but not limited to the use of force or violence and/or the threat (or perceived threat) thereof of any person or group of persons whether acting alone or on behalf of or in connection with any organisation or government (de jure or de facto) committed for political religious ideological or similar purposes including the intention to influence any government (de jure or de facto) and/or to put the public or any section of the public in fear AWARDS OF COMPENSATION means Basic and Compensatory Awards made against the INSURED by an Industrial Tribunal or settlement thereof agreed in conciliation proceedings subject to the INSURER(s) consent but not Special Awards or Interim Relief Payments or arrears of pay or awards of damages under the Equal Pay Act 1970 (as may be amended or consolidated from time to time) or arising out of failure to comply with awards in respect of reinstatement or reengagement BODILY INJURY means physical bodily injury death illness or disease CONTRACT means any contract or agreement for the performance of work in connection with the TRADE or BUSINESS DAMAGE means accidental loss of or damage to or destruction of Tangible Property DIRECTOR means a DIRECTOR of the INSURED where the INSURED is a Limited company EFFECTIVE TIME means the period specified in the Schedule during which cover is effective EMPLOYEE means any 1. person under a contract of service or apprenticeship with the INSURED 2. self-employed person labour only sub-contractor labour master or person supplied by any of them 3. person seconded on work experience training study exchange or under a scheme 4. person hired to or borrowed by the INSURED 5. voluntary worker whilst working for the INSURED in the course of the TRADE or BUSINESS This Definition is not applicable to the Employment Protection Insurance Section which has its own Definition of EMPLOYEE applicable to that Section only EXCESS means the amount stated in the Schedule which will be deducted by INSURERS from the total agreed amount of each and every claim other than claims relating to INJURY for which there is no EXCESS Page 8

9 FEES AND EXPENSES means any professional fees expenses and other disbursements reasonably incurred on behalf of the INSURED with INSURERS written consent INJURY means BODILY INJURY death illness disease or shock causing BODILY INJURY INSURED means the person or persons or corporate body named in the Schedule and includes 1. the legal personal representatives in the event of the INSUREDS death in respect of liability incurred by the INSURED 2. at the INSUREDS request any DIRECTOR PARTNER or EMPLOYEE INSURER means DTW 1991 Underwriting Ltd. on behalf of Syndicate DTW1991 at Lloyd s under binder No. B6991SCO2014S01. OFFSHORE means as from the time when the INSURED DIRECTORS PARTNERS or EMPLOYEES or any other person or persons for whom the INSURED may be responsible embark onto a conveyance at the point of final departure to an offshore rig offshore platform or offshore installation until such time as they disembark from the conveyance onto land upon their return from an offshore rig or an offshore platform or an offshore installation PARTNER means a PARTNER of the INSURED where the INSURED is a partnership PERIOD OF INSURANCE means the PERIOD OF INSURANCE stated in the Schedule POLLUTING or CONTAMINATING or SEEPING SUBSTANCES means any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapour fumes acid alkalis chemicals dust micro-organisms and waste including material to be recycled reconditioned or reclaimed POLLUTION or CONTAMINATION means 1. all pollution or contamination of buildings or other structures or of water or land or the atmosphere 2. all INJURY loss or DAMAGE to material property directly or indirectly caused by POLLUTION or CONTAMINATION arising from POLLUTING or CONTAMINATING or SEEPING SUBSTANCES PREMISES means buildings being commercial buildings or private dwelling house or private flat including all outbuildings and garages and land occupied in full or in part by the INSURED for the TRADE or BUSINESS situated as stated in the Schedule PRINCIPAL means any public authority government body company firm organisation or person for whom the INSURED is undertaking a CONTRACT PROCEEDINGS means civil or criminal tribunal legal proceedings or appeals arising therefrom PRODUCT means goods or other material property sold supplied delivered installed erected processed repaired altered treated or tested by or on behalf of the INSURED in the course of the TRADE or BUSINESS and not within the custody of the INSURED PROPOSAL means any signed proposal form and declaration any statement of facts and any other information in connection with this insurance supplied by or on behalf of the INSURED REMEDIATION includes remediation under the Environment Act 1995 Page 9

10 TAX INVESTIGATION means a full enquiry by Her Majesty's Revenue and Customs into the INSUREDS self assessment return following the issue of a notice under Section 9A or Section 12AC of the Taxes Management Act 1970 or Schedule 18, paragraph 24 of the Finance Act 1998 which includes a request to examine all the business books and records of the INSURED Where the INSURED is a Limited Company and prior to the introduction of self assessment for Limited Companies TAX INVESTIGATION shall mean any non-routine investigation into the INSUREDS corporation tax return by the Inspector of Taxes where there is an expression of dissatisfaction with the corporation tax accounts which results in an examination of all the business books and records of the INSURED TERRITORIAL LIMITS 1. the United Kingdom the Channel Islands and the Isle of Man 2. elsewhere in the world (excluding United States of America and/or Canada and/or their possessions or protectorates) in respect of INJURY loss or DAMAGE caused by or arising from non-manual activities of any DIRECTOR PARTNER or EMPLOYEE normally resident within the territories specified in (1) of this Definition and occurring during any temporary visit made in connection with the TRADE or BUSINESS TRADE or BUSINESS means only the TRADE or BUSINESS specified in the Schedule and includes 1. the provision and management for the benefit of the INSURED or EMPLOYEES of canteen social sports educational or welfare facilities and first aid fire security and ambulance services 2. the ownership and routine maintenance and repair of the PREMISES from which the TRADE or BUSINESS is conducted 3. the performance of private duties by EMPLOYEES at the request of the INSURED or any DIRECTOR or PARTNER UNOCCUPIED means empty or not in use for a period of 30 consecutive days or longer Page 10

11 3 SECTION A - PUBLIC AND PRODUCTS LIABILITY The INSURER will indemnify the INSURED against all sums which the INSURED shall become legally liable to pay as damages and claimants costs and expenses arising out of accidental 1. INJURY to any person 2. physical loss of or DAMAGE to material property 3. obstruction trespass nuisance wrongful arrest or interference with any right of way light air or water occurring within the TERRITORIAL LIMITS and resulting directly from the TRADE or BUSINESS during the PERIOD OF INSURANCE 3.1 LIMIT OF INDEMNITY The maximum liability of the INSURER in respect of all indemnity payable under this Section and Extensions of this Section in respect of or arising out of any one occurrence or all occurrences of a series consequent on or attributable to one original cause or source will not exceed the Limit of Indemnity stated in the Schedule Provided that the liability of the INSURER for all indemnity payable in respect of or arising out of PRODUCTS will not exceed in the aggregate the Limit of Indemnity stated in the Schedule in any one PERIOD OF INSURANCE 3.2 DISCHARGE OF LIABILITY The INSURER having been advised of a claim or an occurrence which might give rise to a claim under this Section will be entitled to pay to the INSURED in settlement of its liability for all claims arising out of one occurrence or series of occurrences attributable to one original cause or source either 1. the Limit of Indemnity (less any amounts already paid as damages) or 2. such other amount for which the claim or claims may be settled The INSURER will then relinquish control of and be under no further liability in respect of such claim or claims except for costs and expenses incurred up to the date of such payment 3.3 EXCLUSIONS These apply in addition to the other Exclusions in this Section and the General Exclusions. The INSURER will not be liable for AIRCRAFT PRODUCTS AND RELATED CONTROL DEVICES liability arising from any PRODUCT which is used on or incorporated into or onto any aircraft or aerial device or is used to control the navigation or safety of any aircraft or aerial device ALARM AND SECURITY INSTALLATIONS liability arising out of or in consequence of 1. the failure or partial failure 2. advice relating to or the design plan or specification of any form of 1. alarm system equipment or installation 2. fire control or extinguishment system or installation 3. electronically operated shutters or cameras or any other form of electronically controlled security equipment 4. lock or security device Page 11

12 3.3.3 ASBESTOS any liability of whatsoever nature arising out of or resulting as a consequence of or related to the manufacture mining processing ownership distribution testing remediation removal storage disposal sale transportation use of or exposure to Asbestos or silica or polychlorinated biphenyls or materials or products containing such substances (or any other component building material hazardous to health) whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss. This Exclusion shall not apply in respect of such removal or disposal provided that 1. such activity does not form part of the INSUREDS usual TRADE or BUSINESS or contract and 2. the discovery of asbestos by the INSURED is unintentional and accidental and 3. upon discovery of asbestos or products made entirely or mainly of asbestos all work immediately stops and 4. an HSE licensed asbestos removal contractor is employed if legally required a. to make safe the area in which the discovery is made as soon as is practicable b. who has Employers Liability and Public Liability insurances in force that (i) provide Limits of Indemnity no less than those stated in the Schedule and (ii) that do not exclude the work to be carried out DEFECTIVE GOODS the cost of recalling repairing or replacing materials or goods sold or supplied or of rectifying defective workmanship FAULTY DESIGN liability arising out of the rendering of or failure to render professional advice design or service by the INSURED or any act or error or omission connected therewith but this exclusion shall not apply to first aid HAZARDOUS LOCATIONS liability arising out of or in connection with work undertaken on or at any of the following locations; 1. Airside or in the immediate vicinity of aircraft 2. aircraft hovercraft aerospace systems or ships vessels boats (other than at docks harbours boatyards or inland waterways not involving the use of heat) 3. bridges or viaducts 4. chemical or petro-chemical works oil refineries gas works 5. dams or cofferdams 6. demolition sites 7. ministry of defence properties 8. offshore installations rigs platforms 9. power stations or nuclear plants 10. quarries mines or collieries 11. railways or railway installations 12. tunnels over 0.5m diameter 13. underground mines 14. underwater mines 15. underwater/sub aqueous works or installations INJURY TO EMPLOYEES liability for INJURY to any DIRECTOR PARTNER or EMPLOYEE where such INJURY arises out of and in the course of employment by the INSURED LIABILITY UNDER AN AGREEMENT liability assumed under any contract or agreement which would not have arisen in the absence of such contract or agreement other than as stated in Extension 4.1 Page 12

13 3.3.9 MOULD liability arising out of mould or toxic mould LIBEL AND SLANDER liability arising out of defamation libel or slander made by or at the direction of the INSURED with knowledge of the falsity thereof or related to advertising publishing broadcasting or telecasting activities conducted by or on behalf of the INSURED LOPPING TOPPING OR FELLING OF TREES liability caused by or arising out of 1. lopping topping or felling of trees 2. any pruning of trees shrubs or bushes above 3 metres in height 3. any use of explosives 4. crop spraying OFFSHORE liability arising out of any work undertaken or visit OFFSHORE POLLUTION liability in respect of POLLUTION or CONTAMINATION including the cost of removing nullifying or cleaning up POLLUTING or CONTAMINATING or SEEPING SUBSTANCES or REMEDIATION unless directly caused by a sudden identifiable unintended and unexpected occurrence which takes place in its entirety at a specific moment in time and place during the Period of Insurance Provided that 1. all POLLUTION or CONTAMINATION which arises out of one occurrence will be deemed to have occurred at the time such occurrence takes place 2. the liability of the INSURER for all damages and claimants costs and expenses payable in respect of all POLLUTION or CONTAMINATION which is deemed to have occurred during the PERIOD OF INSURANCE shall not exceed in the aggregate the Limit of Indemnity stated in the Schedule but in no event shall this Policy cover any liability in respect of POLLUTION or CONTAMINATION including the cost of removing nullifying or cleaning up POLLUTING or CONTAMINATING or SEEPING SUBSTANCES or REMEDIATION in the United States of America and/or Canada and/or their possessions or protectorates PRODUCT DESIGN OR PERFORMANCE liability arising out of the failure of a PRODUCT or any part thereof to fulfil the purpose for which it was intended or to perform as specified warranted or guaranteed PRODUCT RECALL liability arising out of recalling removing repairing replacing reinstating or the cost of or reduction in value of any PRODUCT supplied installed or erected by the INSURED if such liability arises from any defect therein or the harmful nature or unsuitability thereof PROPERTY IN INSUREDS CUSTODY liability for or arising out of loss of or DAMAGE to material property 1. in the custody or control of or owned by the INSURED or any DIRECTOR PARTNER or EMPLOYEE 2. being worked on by or on behalf of the INSURED if loss or DAMAGE is as a direct result of such work other than Page 13

14 1. personal effects of DIRECTORS PARTNERS or EMPLOYEES 2. PREMISES including their contents not owned rented to or leased by the INSURED but temporarily occupied by the INSURED for the purpose of carrying out work therein or thereon PROPERTY DAMAGE EXCESS the first 250 of any claim for loss of or DAMAGE to property USA & CANADIAN EXPORTS liability arising from any PRODUCT exported directly or indirectly to the United States of America and/or Canada and/or their possessions or protectorates VEHICLES AND CRAFT liability arising from the ownership possession or use by or on behalf of the INSURED or of any EMPLOYEE of the INSURED of 1. any mechanically propelled vehicle and attached trailer whilst in use in circumstances where compulsory insurance or security is required by any road traffic legislation but this exclusion shall not apply to liability caused by a) loading or unloading of any such vehicle or trailer or the delivery or collection of goods to or from such vehicle or trailer occurring beyond the limits of any carriageway or thoroughfare b) any self propelled mechanical plant or any machinery or apparatus attached to any other vehicle whilst used as a tool of trade other than in circumstances where such liability is governed by any road traffic legislation requiring compulsory insurance or security 2. any aircraft or other aerial device or hovercraft or watercraft or offshore installation but this exclusion shall not apply to liability caused by a) hand propelled watercraft or sailing craft not exceeding 8 metres in length b) watercraft not exceeding 25 metres in length not owned by the INSURED but used by the INSURED for business entertainment purposes with the exception of racing or trials provided always that the INSURED is not entitled to an indemnity under any other policy Page 14

15 4 SECTION B - PUBLIC AND PRODUCTS LIABILITY INSURANCE SECTION EXTENSIONS These Extensions are subject to all the other terms Conditions and Exclusions of the policy. 4.1 CONTRACTUAL LIABILITY The INSURER will indemnify the INSURED in respect of liability in accordance with the cover provided by this Section assumed under contract or agreement where such liability would not have arisen in the absence of such contract or agreement provided that full conduct and control of all claims is vested in the INSURER The INSURER will not be liable for 1. liquidated damages fines or penalties 2. loss or DAMAGE to material property against which the INSURED is required to effect insurance under the terms of clause of the JCT Standard Form of Building Contract (or any subsequent revision or substitution of clause ) or under the terms of any other contract or agreement requiring insurance of a similar kind 3. loss or DAMAGE to material property brought on to any site of contract or place of work for the purpose of such contract or work 4. liability arising from PRODUCTS supplied under a contract of sale 4.2 COURT ATTENDANCE COMPENSATION In the event of any of the undermentioned persons attending court as a witness at the request of the INSURER in connection with a claim in respect of which the INSURED is entitled to indemnity under this Section the INSURER will provide compensation to the INSURED at the following rates per day for each day on which attendance is required 1. any DIRECTOR or PARTNER any EMPLOYEE CROSS LIABILITIES If more than one person is named in the Schedule as the INSURED the company will indemnify each person as though a separate Policy had been issued to each person and the company agrees to waive all rights of subrogation against any such person Provided that the total liability of the company in respect of any occurrence or series of occurrences attributable to one original cause or source shall not exceed the Limit of Indemnity stated in the Schedule 4.4 DATA PROTECTION ACT 1998 The INSURER will indemnify the INSURED against legal liability to pay DAMAGEs for DAMAGE or distress under the provisions of Section 13 of the Data Protection Act 1998 Provided that 1. the act or omission from which liability arises is committed during the PERIOD OF INSURANCE in connection with the TRADE or BUSINESS 2. the INSURED is correctly registered in accordance with the requirements of the Data Protection Act 1998 or has applied for such registration which has not been refused or withdrawn The INSURER will not be liable for 1. liability arising from a. the processing of data for reward b. the determining of the financial status of a person Page 15

16 c. a deliberate act or omission by the INSURED or any DIRECTOR PARTNER or EMPLOYEE from which liability could reasonably be expected by the d. the INSURED or any DIRECTOR PARTNER or EMPLOYEE having regard to the nature and circumstances of such act or omission e. any agreement which would not have attached in the absence of such agreement f. indemnity provided under any other insurance 2. any fine or penalty 3. any costs of replacing reinstating rectifying destroying or erasing any data 4. any amount in excess of the Limit of Indemnity stated in the Schedule 4.5 DEFECTIVE PREMISES ACT 1972 The INSURER will indemnify the INSURED against liability for INJURY loss or DAMAGE arising solely by reason of Section 3 of the Defective Premises Act 1972 in connection with PREMISES previously owned by the INSURED for purposes pertaining to the TRADE or BUSINESS and since disposed of by the INSURED The INSURER will not be liable under this Extension 1. for INJURY loss or DAMAGE happening prior to the disposal of the PREMISES 2. for the costs of remedying any defect or alleged defect in the PREMISES disposed of 3. if the INSURED is entitled to indemnity from any other source 4.6 INDEMNITY TO PRINCIPAL The INSURER will indemnify any PRINCIPAL in respect of the legal liability of such PRINCIPAL arising out of work carried out by the INSURED under a contract or agreement provided that 1. an indemnity would have been provided under this Policy had the claim been made against the INSURED 2. the PRINCIPAL complies with and is subject to the terms and Conditions of this Policy in so far as they can apply 3. the conduct and control of all claims is vested in the INSURER 4.7 LEASED AND RENTED PREMISES The INSURER will indemnify the INSURED against legal liability for loss or damage to premises leased, hired or rented to the INSURED for the purpose of the TRADE or BUSINESS within the TERRITORIAL LIMITS The INSURER will not be liable under this Extension in respect of 1. the first 100 of such loss or DAMAGE caused otherwise than by fire of explosion 2. liability for loss or DAMAGE assumed by the INSURED under a tenancy or other agreement which would not have attached in the absence of such agreement 4.8 LEGAL COSTS AND EXPENSES The INSURER will pay in addition to the Limit of Indemnity legal costs and expenses incurred with its written consent for 1. representation at any coroners inquest or inquiry in respect of any death 2. defending in any court of summary jurisdiction of any proceedings in respect of any act or omission relating to any event which may be the subject of indemnity under this Section 4.9 LEGAL DEFENCE COSTS The INSURER will be liable for all costs and expenses incurred with its written consent in respect of the defence of 1. the INSURED 2. at the INSUREDS request any DIRECTOR PARTNER or EMPLOYEE Page 16

17 against prosecution or incurred in connection with appeal against conviction arising from such prosecution under the provisions of 1. the Health and Safety at Work etc Act the Health and Safety at Work (Northern Ireland) Order Part II of the Consumer Protection Act 1987 Provided that the offence under such legislation 1. is alleged to have been committed during the PERIOD OF INSURANCE in connection with the TRADE or BUSINESS within the TERRITORIAL LIMITS 2. relates to the health safety and welfare of any person other than a DIRECTOR PARTNER or EMPLOYEE The INSURER will not be liable under this Extension for 1. the cost of any fine or penalty 2. legal costs and expenses where indemnity is provided by any other insurance 3. legal costs and expenses arising out of any deliberate act or omission by the INSURED or any DIRECTOR PARTNER or EMPLOYEE Provided always the INSURERS total liability under this extension shall not exceed 1,000,000 in the aggregate during any one PERIOD OF INSURANCE MECHANICAL PLANT AS TOOL OF TRADE The INSURER will indemnify the INSURED in respect of liability arising out of ownership or use of mechanically propelled plant whilst such plant is being used within the TERRITORIAL LIMITS but not in respect of any liability 1. in connection with any watercraft hovercraft or aircraft 2. if indemnity is provided under any other insurance or security 3. which is required to be insured under any road traffic legislation or is the subject of other security 4.11 MOTOR CONTINGENT LIABILITY The INSURER will indemnify the INSURED against legal liability arising out of the use by any EMPLOYEE for the purposes of the TRADE or BUSINESS of any motor vehicle not belonging to or provided by the INSURED The INSURER will not be liable under this Extension in respect of 1. indemnifying any party other than the INSURED 2. loss of or DAMAGE to such motor vehicle or to property conveyed therein or thereon 3. INJURY loss or DAMAGE arising while such vehicle is being driven by the INSURED or any PARTNER or DIRECTOR 4. legal liability where indemnity is provided under any other insurance or security 5. INJURY to any EMPLOYEE 6. INJURY loss or DAMAGE occurring outside any country within the European Union 4.12 OVERSEAS PERSONAL LIABILITY The INSURER will indemnify the INSURED or any DIRECTOR PARTNER or EMPLOYEE or any family member accompanying them against legal liability incurred in a personal capacity arising out of accidental 1. INJURY to any person 2. physical loss of or physical DAMAGE to material property occurring during the PERIOD OF INSURANCE within the territories stated in part 2 of the TERRITORIAL LIMITS during temporary visits in connection with the TRADE or BUSINESS Provided that 1. the conduct and control of all claims is vested in the INSURER Page 17

18 2. any person entitled to indemnity under this Extension complies with and is subject to the terms Conditions and Exclusions of this Policy in so far as they can apply 3. the liability of the INSURER will not exceed the Limit of Indemnity stated in the Schedule The INSURER will not be liable 1. for liability arising from a. any business profession or trade b. ownership or occupation of land or buildings c. ownership possession or use of d. firearms (other than sporting guns) e. mechanically propelled vehicles and anything attached to them f. craft intended to travel through air or space g. hovercraft and watercraft (other than non mechanically propelled craft less than 9 metres in length used on inland waters) h. animals (other than pet domestic animals) i. property held in trust j. INJURY to the INSURED or such DIRECTOR PARTNER or EMPLOYEE or family member accompanying them 2. for liability more specifically INSURED 3. for liability arising under contract or agreement unless the liability would have arisen in the absence of such contract or agreement Page 18

19 5 PUBLIC AND PRODUCTS LIABILITY INSURANCE SECTION CONDITIONS These Conditions apply in addition to the General Conditions 5.1 ASPHALT BITUMEN TAR OR PITCH HEATER PRECAUTIONS 1. Regulation spill trays are to be used. 2. All tar boilers are to be kept wholly at ground level. 3. The equipment and work is not to be left unattended at any time whilst in use. 4. Suitable fire extinguishing appliances are to be kept in working order under an annual maintenance contract and inspected weekly by the INSURED and immediately remedy any defect disclosed by any inspection and such appliances are to be kept available for immediate use at the point of work. 5. Immediately following completion of each period of work a thorough check that there is no fire or risk of fire is to be made of the whole area in which the work is to be carried out (including adjoining shafts or openings and the area on the other side of any wall or partition). 5.2 BONA FIDE SUBCONTRACTORS It is a condition precedent to liability of the INSURERS in respect of work carried out for the INSURED or on the INSUREDS behalf by Bona-Fide sub-contractors that: 1. Bona Fide Sub-Contractors hold Public Liability coverage appropriate to the work being carried out with an Indemnity Limit of not less than the limits provided by this Policy and that said coverage includes an indemnity to the INSURED as PRINCIPAL. 2. the INSURED does not assume by agreement any liability or potential liability that would not have attached to them in the absence of such agreement 3. In the event of a claim in relation to work carried out by Bona-Fide Sub-Contractors the INSURED shall provide documentary evidence of the Public Liability Insurance held by the Bona-Fide Sub-contractor at the time of their appointment to carry out the work. 4. It is a condition precedent to the liability of the INSURER that payments to Bona Fide Sub-Contractors do not exceed 25% of the INSUREDS annual turnover 5.3 FLAMMABLE SOLVENT PRECAUTIONS It is a condition precedent to the liability of the INSURER that the following precautions must be observed on each occasion there is use away from the INSUREDS PREMISES of solvents or glues with a flashpoint below 23 degrees Centigrade 1. smoking must not take place 2. no item for the application or supply of heat must be used 3. prior to commencement of work the site of work must be checked by the INSURED and all naked flames in pilot lights and appliances extinguished 4. adequate ventilation must be maintained at the site of work 5.4 HEAT EQUIPMENT PRECAUTIONS It is a condition precedent to liability under this Policy that the undernoted precautions will be complied with whenever the following equipment is used away from the INSUREDS PREMISES: Electric welding equipment oxyacetylene or similar welding or cutting equipment angle grinders or similar cutting or grinding equipment using abrasive disks or wheels blow lamps blow torches hot air guns or hot air strippers 1. All blow lamps blow torches and flame guns or hot air guns are to be lit in strict accordance with the manufacturer s instructions and not left unattended when lit and extinguished immediately after use. Page 19

20 2. The area in which the work is to be carried out (including adjoining shafts or openings and the area on the other side of any wall or partition) is to be inspected to establish whether any combustible material (other than the Property to be worked upon) is in danger of ignition either directly or by conduction of heat. 3. Wherever practicable all combustible material is to be removed to a distance of not less than 10 metres from the point of work and such material which cannot be removed is to be covered by overlapping sheets of noncombustible material or afforded equivalent protection. 4. Suitable fire extinguishing appliances are to be kept in working order under an annual maintenance contract and inspected weekly by the INSURED and immediately remedy any defect disclosed by any inspection and such appliances to be kept available for immediate use at the point of work. 5. All portable grinders are to be switched on and used in strict accordance with the manufacturer s instructions and switched off when unattended and immediately after use. 6. A person who is competent in the use of fire extinguishing appliances is to be appointed to act as a firewatcher in conjunction with the operative using the equipment and to remain in attendance until use of all such equipment has ceased and all torches have been extinguished and all portable grinders switched off. 7. Wherever practicable gas cylinders that are not in use are to be kept outside the building in which the work is taking place or otherwise kept at least 15 metres from the point of work. 8. Immediately following completion of each period of work and during the period of not less than thirty minutes following completion of each period of work a thorough and continuous check that there is no fire or risk of fire is to be made of the whole area in which the work is to be carried out (including adjoining shafts or openings and the area on the other side of any wall or partition). Noted part 6 is deemed not to apply when the INSURED works alone as a sole trader. 5.5 UNDERGROUND SERVICES PRECAUTIONS In respect of loss of or DAMAGE to cables pipes or other services located underground it is a condition precedent to liability that prior to undertaking any digging boring or excavation the INSURED has: 1. taken or caused to be taken all reasonable measures to identify the location of such cables pipes and services before any work is commenced which may involve a risk of DAMAGE. Reasonable measures include contacting the appropriate authorities if there is any possibility that cables pipes or services are under the site 2. retained a written record of the measures that were taken to locate such cables pipes and services 3. conveyed the location of such cables pipes or services to those who are carrying out such work on behalf of the INSURED Indemnity under this Policy shall be restricted to the actual cost of repair or replacement of such cables pipes or services as assessed by an independent surveyor and shall not extend to cover any additional costs for loss of use consequential loss or DAMAGE or penalties and/or fines which are imposed on the INSURED by the relevant authorities as a result of any DAMAGE. Page 20

21 6 SECTION C - EMPLOYERS LIABILITY INSURANCE SECTION The Employers Liability Insurance Section is operative only if a Limit of Indemnity is shown for Employers Liability in the Schedule The INSURER will indemnify the INSURED against all sums which the INSURED shall become legally liable to pay as damages and claimants costs and expenses in respect of INJURY sustained by any DIRECTOR or EMPLOYEE arising out of and in the course of employment by the INSURED within the TERRITORIAL LIMITS and resulting directly from the TRADE or BUSINESS during the PERIOD OF INSURANCE The INSURER will also pay for all legal costs and expenses incurred with its written consent 1. in defence of any claims 2. for representation at any inquiry in respect of any death which may be the subject of indemnity under this Section 6.1 DISCHARGE OF LIABILITY The INSURER having been advised of a claim or an occurrence which might give rise to a claim under this Section will be entitled to pay to the INSURED in settlement of its liability for all claims arising out of one occurrence or series of occurrences attributable to one original cause or source either 1. the Limit of Indemnity (less any amounts already paid or incurred) or 2. such other amount for which the claim or claims may be settled The INSURER will then relinquish control of and be under no further liability in respect of such claim or claims 6.2 LIMIT OF INDEMNITY The maximum liability of the INSURER inclusive of all costs and expenses payable under this Section and Extensions of this Section shall be the Limit of Indemnity stated in the Schedule in respect of any one occurrence or all occurrences of a series consequent on or attributable to one original cause or source 6.3 RIGHTS OF RECOVERY The indemnity provided under this Section is deemed to be in accordance with such provision as any law relating to compulsory insurance of liability to EMPLOYEES in Great Britain Northern Ireland the Channel Islands or the Isle of Man may require but the INSURED shall repay to the INSURER all sums paid by the INSURER which the INSURER would not have been liable to pay but for the provisions of such law Page 21

22 7 EMPLOYERS LIABILITY INSURANCE SECTION - EXCLUSIONS These apply in addition to the other Exclusions in this Section and the General Exclusions The INSURER will not be liable for 7.1 ASBESTOS any liability of whatsoever nature arising out of or related to the manufacture mining processing distribution testing remediation removal storage disposal sale use or exposure to Asbestos or materials or products containing Asbestos other than to the extent that an indemnity is deemed to be required in accordance with the provisions of any law relating to compulsory insurance of liability to EMPLOYEES in which case a sub-limit of 5,000,000 shall apply inclusive of all damages costs and expenses payable in respect of any one claim arising out of any one event or all events of a series consequent on or attributable to one source or original cause. It is a condition precedent to the liability of the INSURER that the INSURED does not manufacture mine process distribute test remediate remove store dispose sell or use Asbestos or materials or products containing Asbestos. This Exclusion shall not apply in respect of such removal or disposal provided that 1. such activity does not form part of the INSUREDS usual TRADE or BUSINESS or contract and 2. the asbestos is non-notifiable being of a type where an HSE licensed asbestos removal contractor is not legally required 7.2 HAZARDOUS LOCATIONS INJURY liability arising out of or in connection with work undertaken on or at any of the following locations or with work on or in 1. Airside or in the immediate vicinity of aircraft 2. aircraft hovercraft aerospace systems or ships vessels boats (other than at docks harbours boatyards or inland waterways not involving the use of heat) 3. bridges or viaducts 4. chemical or petro-chemical works oil refineries gas works 5. dams or cofferdams 6. demolition sites 7. ministry of defence properties 8. power stations or nuclear plants 9. quarries mines or collieries 10. railways or railway installations 11. tunnels over 0.5m diameter 12. underground mines 13. underwater mines 14. underwater/sub aqueous works or installations 7.3 LOPPING TOPPING OR FELLING OF TREES liability caused by or arising out of 1. lopping topping or felling of trees 2. any pruning of trees shrubs or bushes above 3 metres in height 3. any use of explosives 4. crop spraying 7.4 OFFSHORE liability arising out of any work undertaken or visit OFFSHORE Page 22