Liability Policy Wording. Faith Organisations

Transcription

1 Liability Policy Wording Faith Organisations

2 Introduction Comprehensive insurance for your place of worship from New Zealand s leading specialist insurer of faith organisations. From small beginnings, Ansvar Insurance has grown to become the pre-eminent insurer of places of worship in New Zealand. We have a unique record of service to faith organisations. As a specialist insurer, our products and services have been designed to respond to the increasingly complex challenges facing faith organisations today. We appreciate the uniqueness of a place of worship and understand insurance risks associated with them. Our comprehensive Faith Organisations liability insurance portfolio has been specifically designed to provide protection for the liability exposures faced by faith organisations operating in today s society. The covers available include broadform (general and products) liability, professional indemnity, trustees liability, directors and officers liability, associations liability, statutory liability, employers liability, employment disputes liability, fidelity, sexual abuse and criminal defence costs. Ansvar Insurance Ansvar Insurance began serving New Zealanders back in 1983 and has always been a prominent insurer of faith organisations. In 1998, Ansvar Insurance was purchased by the Ecclesiastical Insurance Office plc, a leading insurer of heritage, religious and charitable organisations in the UK. Since then we have gone from strength to strength providing insurance in our specialist areas. By law we are required to have a Financial Strength Rating. The rating agency A.M. Best has assigned us a Financial Strength Rating which is updated annually. Our current rating is recorded in the certificate of insurance. The rating emphasises a sound operating performance, adequate capital, a responsible investment profile and sound liquidity. Our business focuses on serving organisations devoted to providing services and support to the community in both spiritual and practical ways. Faith organisations, educational institutions, care facilities, community groups and charitable organisations comprise the portfolio of our business partnerships. They all add something very positive to the lives they touch. Our experience Insuring around 30,000 places of worship in Australia, the UK, Ireland, Canada and New Zealand we have developed specialist knowledge on faith organisations by drawing upon our global experience. Each year we survey around 4,000 places of worship globally to help identify and manage potential risks. Our claims management team share knowledge and outcomes to monitor faith organisations closely. This ensures our claims management advice is at the forefront of global developments. We are a member of Ecclesiastical Office plc who also insures an impressive 17,000 places of worship including the world famous Westminster Abbey and St Pauls Cathedral in London. Our approach As a specialist insurance company we have developed a deep understanding of the issues confronting our faith customers of all religions. Our products and services are tailored accordingly. We understand the religious beliefs and customs of our customers and have developed products to cater for their needs. Our dedicated staff are committed to helping customers protect their assets and people by providing: specialist insurance advice in the area of religious assets and protection of their people flexibility in underwriting expert advice and practical solutions opportunities to attend risk management seminars that address specific issues affecting our clients Ansvar Insurance believes that claims should be managed quickly and compassionately, with the needs of our customers being paramount. We are always mindful of the reputation of our customers when we are managing claims made by injured parties and work in partnership on sensitive matters. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 1

3 Supporting our community Central to the Ansvar Insurance brand is our desire to make a difference in the world. At a practical level, we are able to provide grants to grass roots programs designed to assist young New Zealanders develop a positive attitude to life. Every year we provide support to community education programs touching and enriching the lives of young New Zealanders. In Australia our community support was acknowledged by the Australian and New Zealand Institute of Insurance and Finance in 2007 when we received the award for Service to the Community. The industry s acknowledgement of our contribution to the community through our grants is very satisfying and whilst we are proud to have won this award, we are delighted that these programs can provide such a positive impact on the lives of New Zealand youth. About this document The financial product offered in this policy document is provided by Ansvar Insurance Limited. Please ensure you read and fully understand this policy document as it sets out the terms and conditions of the agreement between you and us. If there is anything in this policy document you do not understand you should contact your insurance adviser or Ansvar Insurance representative. Who is the insurer and how can we be contacted? Ansvar Insurance Limited is the issuer of this insurance policy. The registered office of Ansvar Insurance is Level 6, Sofrana House, 396 Queen St, Auckland You can contact us by: visiting in person or writing to Ansvar Insurance telephoning to insure@ansvar.co.nz The contract between you and Ansvar Insurance Your insurance policy is a contract between you (the insured) and us (Ansvar Insurance Ltd). In return for payment of your premium, we will provide you with the covers listed in the schedule and on the terms set out in the respective policy wordings. This policy is for the period of insurance shown in the schedule. This policy document, together with your insurance proposal (application) form and the statement containing your specific information called the policy schedule or renewal, gives you the details of the insurance provided by your Ansvar Insurance policy. They are to be read as one document. Together they are your contract of insurance with us. Your duty of disclosure You are required to tell us anything you know, or ought to know, that may affect the decision of a prudent insurer whether to accept your insurance, or renew your policy, and if so, on what terms. If you have not disclosed all material information, or if you have misrepresented that information, then we are entitled to avoid the policy retrospectively from the beginning. Set out below are some examples of the types of information you should disclose and the types you do not need to disclose. They are a guide only. If you are unsure whether you should disclose something to us, please ask. Types of information that should be disclosed include: any previous insurance claim you have made anything that increases the risk of a claim if another insurer has ever cancelled or refused to renew your insurance or has imposed special terms on it any criminal record Types of information that do not need to be disclosed include: anything which reduces the risk of a claim anything which you have already told us or which in the ordinary conduct of our business we could be expected to be aware of anything which is common knowledge The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 2

4 Insurance Council membership We are a member of the Insurance Council of New Zealand Inc (ICNZ), and this carries with it responsibilities for conducting business in a professional manner. Fair Insurance Code As members of the ICNZ, we are bound by the terms of the Fair Insurance Code. This can be viewed on the ICNZ website icnz.org.nz or through a brochure available from our office. Under the Fair Insurance Code we are committed to raising standards of service to our customers. This voluntary code sets out the minimum standards we will uphold in the services we provide to you. This means we will: answer your questions accurately explain the information you need to give us when you apply for insurance, renew your policy, or make a claim explain the importance of giving us information that is complete, up to date, and relevant give you or your broker a copy of your policy that sets out in plain English what is insured, what is not insured, and what your obligations are tell you about any changes to your policy We will give you information about the best policies we can offer you. You are entitled to ask for and receive help to understand the terms, conditions, and exclusions of your insurance policy. You are entitled to ask for and receive a copy of the information you gave us when you applied for insurance. You also authorise us to obtain from ICR Ltd personal information about you that is (in our view) relevant to this policy or any claim made against it. You have certain rights of access to and correction of this information, subject to the provisions of the Privacy Act The easy solution to a problem Ansvar Insurance places the highest priority on providing prompt, efficient and friendly service including protecting your privacy. However, if you do not believe this has been achieved the best first step is to go back to the employee or broker with whom you were dealing to see if they can resolve the problem. If that is not possible, then we invite you to contact the Manager for New Zealand who will review the problem. Acknowledgement of the complaint will be made within three working days from the day the complaint is received by telephone or in writing. Your complaint will be fully investigated as quickly as possible by someone not involved in the original decision. You will be provided with the name of the person dealing with your complaint. You will receive written advice about the progress or outcome of the complaint within ten working days from the day the complaint is received by telephone or in writing. You will be advised within sixty days if we are unable to resolve your complaint and of what further options may be available to you. Insurance Claims Register The Insurance Claims Register (ICR) is a database of insurance claims to which participant insurers have access. The purpose of the ICR is to prevent insurance fraud. The ICR is operated by Insurance Claims Register Limited (ICR Ltd), PO Box 474, Wellington. This policy is issued to you on the condition that you authorise us to place details of any claims made against this policy on the database of ICR Ltd, where they will be retained and be available for other insurance companies to inspect. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 3

5 Employers Liability Insurance Policy You only have cover under this policy if the schedule lists it as included. This policy should be read in conjunction with the schedule. Contents 1 Definitions What You Are Insured For Optional Extensions Exemplary damages Automatic reinstatement of sum insured Exclusions ACC Asbestos Dishonesty / Fraud / Malice Employment Relations Act Exemplary Damages Exposure Before The Commencement Of This Policy Fines Overseas Judgments Prior Claims Terrorism War/Confiscation/Nuclear What We Pay Maximum Amount Payable Excess How To Claim Under The Policy To Make A Claim After You Have Made A Claim Dishonest Or Fraudulent Claims... 5 The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 1

6 1 Definitions These definitions apply to the following words, and their derivatives, whenever they are used in this policy in bold typeface: 'Accident' means an event that is unintended and unexpected by you. 'Act of terrorism' means any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political division of that nation, or in pursuit of political, religious, ideological, ethnic or similar purposes or reasons to intimidate the public or a section of the public of any nation, by any person or groups of persons whether acting alone or on behalf of or in connection with any organisation or government de jure or de facto, and which: (c) (d) (e) involves force or violence against one or more persons, or threat thereof, or involves damage to property, or endangers life other than that of the person committing the action, or creates a risk to health or safety of the public or a section of the public, or is designed to interfere with or disrupt an electronic system. 'Bodily injury' means the accidental death of, or the accidental bodily injury to, any person, including sickness, disease, disability, shock, fright, mental anguish or mental injury. 'Business' means the faith organisation and any associated entities that are described in the schedule. 'Claim' means: (c) A civil proceeding commenced against you alleging you are legally liable, or Any advice you receive of an intention to hold you civilly legally liable, or Any circumstance you become aware of that is likely to give rise to or above. This is regardless of whether or not the amount claimed exceeds the excess. 'Defence costs' means the necessary and reasonable legal defence costs to defend your alleged civil legal liability, but only if that alleged civil legal liability will be covered under this policy, if proven. 'Employees' means employees directly employed by you in the business. It does not include independent contractors. 'Excess' means the amount stated in the policy or shown in the schedule. 'Period of insurance' means the period shown in the schedule. 'Retroactive date' means the date shown in the schedule. 'Schedule' means the most recent Schedule to this Faith Organisations Liability Insurance Portfolio that we have issued to you. 'We/us/our' means Ansvar Insurance Limited. 'You' means: (c) The faith organisation named in the schedule and its associated entities named in the schedule, and All past and present directors, trustees, managers, employees, secretaries, committee members, officers, religious leaders, religious counsellors, lay persons and volunteers of that faith organisation and its associated entities in above, and The estate or legal representatives of any of the people in and above who are deceased. 2 What You Are Insured For 2.1 We will indemnify you against your civil legal liability arising out of any of your employees sustaining bodily injury in New Zealand after the retroactive date in connection with your business, provided: You first become aware of a claim, during the period of insurance, and You first notify us about the claim: The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 2

7 during the period of insurance, or within 30 days after the period of insurance ends. 2.2 We will also indemnify you for your defence costs. 3 Optional Extensions The following extensions only apply if listed in the schedule. They are subject to the terms of this policy, except to the extent they are varied in this extension. Except for extension 3.2 they are included within the Sum Insured shown in the schedule and are not in addition to it. They are also subject to any specified sub limit. 3.1 Exemplary damages If your schedule shows you have Exemplary Damages cover, then this policy is amended as follows: Exclusion 4.1 does not apply to civil legal liability for exemplary damages, and Exclusion 4.5 is deleted, and General Condition entitled Take Reasonable Care is deleted. 3.2 Automatic reinstatement of sum insured If the cover under this policy during the period of insurance exceeds the Sum Insured shown in the schedule, we will provide one automatic reinstatement of the Sum Insured during that period of insurance. However, this does not apply: to any claim and/or enquiry that is connected with the same act or omission as a claim and/or enquiry already met, or to be met, under this policy, and until any separate excess layer policy that insures you, after the Sum Insured under this policy is exceeded, is exhausted. 4 Exclusions 4.1 ACC There is no cover for liability arising from bodily injury for which compensation: Is available under the Injury Prevention, Rehabilitation and Compensation Act 2001, or Would have been available under that Act except for your decision to share some of the accident risk yourself. 4.2 Asbestos There is no cover for liability connected in any way with asbestos. 4.3 Dishonesty / Fraud / Malice There is no cover for liability that involves an act or omission by you, that is: Dishonest, or Fraudulent. 4.4 Employment Relations Act There is no cover for liability arising from a personal grievance under the Employment Relations Act Exemplary Damages There is no cover for any punitive or exemplary damages awarded against you. 4.6 Exposure Before The Commencement Of This Policy There is no cover for liability arising from bodily injury where: That bodily injury is caused by a disease, and Your employee was first exposed to the conditions leading up to that disease before the first time you took a policy of this type out with us. 4.7 Fines There is no cover for any fine or penalty imposed on you. 4.8 Overseas Judgments There is no cover for liability that has been determined by a judgment or decision of a Court outside of New Zealand. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 3

8 4.8.2 This is regardless of whether that judgment is enforceable in New Zealand or not. 4.9 Prior Claims There is no cover for any claim first notified to you prior to the period of insurance, or which you first became aware of prior to the period of insurance Terrorism There is no cover for legal liability directly or indirectly caused by, resulting from or in connection with any act of terrorism, regardless of any other cause or event contributing concurrently or in any other sequence to the loss, or any action taken in controlling, preventing, suppressing, retaliating against, responding to or in any way relating to an act of terrorism War/Confiscation/Nuclear There is no cover for liability connected in any way with: (c) (d) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war is declared or not), civil war, mutiny, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation, requisition or destruction of, or damage to property by order of government, public or local authority, nuclear power generation or nuclear weapons, ionising radiations or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the fusion or fission of nuclear fuel. 5 What We Pay 5.1 Maximum Amount Payable The most we will pay you in total under this policy for all covered claims during the period of insurance is the Sum Insured shown in the schedule. This is inclusive of defence costs. 6 How To Claim Under The Policy 6.1 To Make A Claim You must: (c) (d) (e) (f) (g) You must not: Tell us as soon as you are aware of any circumstances likely to result in a claim under this policy. Take steps to minimise your claim, and try to avoid any further claim. Complete our claim form in full if we request it. Allow us to investigate the circumstances of the claim against you and provide any other information or assistance that we need. Authorise the disclosure to us of your personal information held by any other party that relates to your claim. Forward to us all relevant information and correspondence as soon as you receive it. Provide a statutory declaration to verify the claim, if we request it. Say or do anything that may prejudice our ability to: Defend, negotiate or settle any liability you face, and Make recovery from any person who may be responsible for your liability. 6.2 After You Have Made A Claim After you have made a claim: We have the sole right to act in your name and defend, negotiate or settle any liability on your behalf at our expense. This includes publishing a retraction or apology in defamation proceedings. 5.2 Excess We deduct the excess from the amount payable for each claim. We may appoint the lawyer to defend you. That lawyer reports to us, and you agree to that lawyer passing on to us all information. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 4

9 (c) (d) We may take over in full any legal right of recovery that you have. If we do so, you must fully cooperate with us at no cost. This includes completing court documentation and attending hearings if necessary. We may pay the maximum amount payable under this policy (or any lesser amount for which the liability can be settled), plus the defence costs incurred to date. This meets our obligations under the policy in full. 6.3 Dishonest Or Fraudulent Claims If your claim is dishonest or fraudulent in any way, we may, at our discretion: Decline your claim, wholly or partially, or Declare this policy unenforceable from the date of the dishonest or fraudulent act. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 5

10 General Conditions - applicable to all policies Acts of Parliament Where a policy refers to any Act of Parliament, this includes any Statutory Regulations made under it. It also includes any Act or Regulations enacted in substitution. Cancellation You may cancel any policy by giving us written notice. We will refund to you the unexpired portion of any premium you have already paid to us. We may cancel any policy at any time by giving notice to you. Cancellation will be effective from 4.00pm 30 days after the notice is given. The 30-day period starts on the day the notice is delivered, posted or ed to you. We will refund to you the unused portion of any premium you have already paid to us. Change in circumstances During each policy, you must tell us immediately if you know about any material fact that will: Increase the risk insured, or Alter the risk insured. After you have told us, we may immediately amend the terms of your policy, including the premium. If you fail to tell us, we may: Declare the policy unenforceable, or Refuse to pay any subsequent claim. Comply with the policy You, and anyone else covered under each policy, must comply with all the policy terms before we will pay any claim. Double insurance You must notify us immediately of any other insurance policy that covers any of the risks covered under a policy in this Faith Organisations Liability Insurance Portfolio. If there is another insurance policy, we will only pay over and above the limit payable under that policy. Goods and Services Tax and Currency Where GST is recoverable by us under the Goods and Services Tax Act 1985: All Sums Insured exclude GST (unless otherwise stated), and GST will be added, where applicable, to claim payments. All sums referred to in the schedule and each policy are in New Zealand dollars. Governing Law The law of New Zealand applies to each policy. Any disputes about a policy are subject to the New Zealand Courts' exclusive jurisdiction. Headings Headings in each policy are for reference only. They do not form part of the policy, and are not to be used as an aid to interpretation. Honesty All statements and answers, whether by you or anyone else, must be true when you: Apply for this insurance, and Notify us about any change in circumstances, and Make any claim. Notices Notices from you to us must be in writing and delivered personally, posted or ed to us. Notices from us to you, must be in writing and delivered personally, posted or ed to your last known address, or that of your insurance broker. Separate insurance If more than one person or entity is insured under a policy, they are insured separately as though a separate policy has been issued to each person/entity. However, the limits contained in each policy are the most we pay to all persons and entities combined. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 1

11 Take reasonable care You, and anyone else covered under each policy, must take reasonable care at your own expense to avoid circumstances that may result in a claim under that policy. The claim under the policy will not be covered if you, or they, are reckless or grossly irresponsible. The wording of this Policy is the intellectual property of Ansvar Insurance and must not be used or reproduced in part or in full without written permission of either of the property owners. 2

12 ansvar.co.nz New Zealand AD PO Box 7042 Wellesley St Auckland 1141 FX EM insure@ansvar.co.nz Ansvar Insurance Ltd. Member of the Ecclesiastical Insurance Group