Public Liability Insurance

Transcription

1 Public Liability Insurance Terms and Conditions LAB15 Homepage Click on Section to go straight to that section! This document is supplementary to the General Business Conditions. You can read about what exactly is and is not covered and what to do if you have a claim. Terms and conditions constitute rights and obligations for you and for us ENG 16.09

2 Contents Click on the question to read the answer. 1. Who are the insured parties?3 2. What do we mean by incident, claim, report, circumstance? 3 3. When does this insurance apply? 4 4. Where is this insurance valid? 4 5. Which changes should you report to us immediately?4 6. What is covered? 5 7. When is an insured party liable for damages? 5 8. Which expenses are covered? 6 9. How much is covered for damages and expenses together? 6 Not covered 10. Which damages are not covered? Which damages are not always covered? 9 In the event of a claim 12. When should an insured party report a claim? When should an insured party report a circumstance? When is a circumstance considered to be reported? What should an insured party do if they have a claim? What should an insured party not do if they have a claim? What if the insured party fails to comply with their obligations if they have a claim? What if the insured party deliberately fails to comply with their obligations if they have a claim? Who determines the amount of the claim? Who settles the claim? Who may conclude settlements? What if an insured party is also covered under another insurance? What if an insured party reports a claim after the insurance has stopped? 12 These terms and conditions always apply if you have Public Liability Insurance. 2

3 1. Who are the insured parties? Policyholder = you. A legal entity or person who has taken out public liability insurance. You deal with the contract. You pay the premium. You can stop the insurance. You can ask to have the insurance changed. For the activities and profession on the policy schedule. For the other paid activities and additional jobs on the policy schedule. Your employees who work for you under your management and supervision. Including temporary workers. Including interns. Including volunteers. Including members of the household and family. Companies and legal entities that you own. Including all members of staff who work for these companies or legal entities. Only for the companies or legal entities on the policy schedule. Directors of your company. Including directors of the companies or legal entities that you own or your company owns. For instance: Partners. Directors, the board. Supervisory board members, the supervisory board. Supervisors, the supervisory committee. Other companies or persons and legal entities that work for you. For the activities and profession on the policy schedule. For the other paid activities and additional jobs on the policy schedule. Only for the companies or persons and legal entities on the policy schedule. Staff associations. Members. Directors. Pension funds. Members. Directors. 2. What do we mean by incident, claim, report, circumstance? Incident = an incident that results in a claim against an insured party. Claim = the claim for liability of an insured party. When another party claims compensation from the insured party. A demand to do something or to refrain from doing something is not a claim. Report = the point in time that an insured party reports the claim to us. This point in time determines whether the insurance covers the claim. Circumstance = an incident that you expect will lead to a claim. But at that point in time no claim has yet been made against you. Report a circumstance immediately if the insurance is discontinued. 3

4 3. When does this insurance apply? If a claim follows an incident that occurred before the insurance commenced. And you did not know or would not have suspected that an insured party could be held liable for it. And the insured party is nevertheless held liable for it during the term of the insurance. And the insured party reports this claim for liability during the term of the insurance. If a claim follows an incident that occurred during the term of the insurance. And the insured party is held liable for it during the term of the insurance. And the insured party reports this claim for liability during the term of the insurance. If an incident occurs during the term of the insurance. And the insured party is not yet held liable for it during the term of the insurance. But it is likely that the insured party will be held liable at a later stage. And the insured party reports this during the term of the insurance. 4. Where is this insurance valid? All over the world, except for in the United States of America or Canada. Liability for damage according the laws of the United States of America or Canada is not covered. Liability for damage caused in the United States of America or Canada is not covered. Liability for damage suffered in the United States of America or Canada is not covered. Liability for damage caused in the United States of America or Canada during a business trip is covered. And the insured party causes the damage as a private individual. I.e. not during business activities. 5. Which changes should you report to us immediately? Risk changes that are not covered by the insurance now. Information that is no longer correct on the policy schedule. For instance: Activities and professions that are not on the policy schedule. Other paid activities and additional jobs that are not on the policy schedule. You acquire companies or legal entities in your possession that are not on the policy schedule. You set up a foreign branch. These changes are not automatically covered. Only once we have changed the policy schedule or the conditions. 4

5 6. What is covered? Damage to third-party property. Damage = broken, lost or contaminated. Damage to loose items. Damage to immovable property. Injury to animals. Only if an insured party is liable for the damage. The sections for which you are covered are stated on your policy schedule. Section 2: Corporate liability. Including liability for the provision of products and services. Section 3: Employer s liability. Section 4: Environmental liability. Not: expenses incurred for precautionary measures taken by another party. For preventing damage to goods. Nor the direct consequences of these measures. Personal injury. Injuries. Illness (physical or mental). Death. Only if an insured party is liable for the damage. The sections for which you are covered are stated on your policy schedule. Section 2: Corporate liability. Including liability for the provision of products and services. Section 3: Employer s liability. Section 4: Environmental liability. Not: expenses incurred for precautionary measures taken by another party. For preventing personal injury. Nor the direct consequences of these measures. 7. When is an insured party liable for damages? If it is liable under all laws and regulations (legislation). In the Netherlands, according to Dutch laws and regulations (legislation). In foreign countries, according to the laws and regulations of that country. Not covered: liability for damage according to the regulations (legislation) of the United States of America or Canada. 5

6 8. Which expenses are covered? Expenses incurred to prevent or restrict the imminent threat of damage. Only if an insured party is liable for the damage. And the damage is covered. And the insured party incurs these expenses or is responsible for them being incurred. Including damage to something that an insured party uses for this. And we have an interest in the measures. Even if the measure fails. Expenses for defence if an insured party is held liable. Only if the damage is covered. And we engage legal assistance for the insured party. Or give prior permission to engage legal assistance. And we determine the defence. We then also pay the litigation expenses. There is no deductible for defence expenses. Expenses incurred for legal assistance for criminal or disciplinary proceedings. Only if the damage is covered. And we engage legal assistance for the insured party. In the event of criminal or disciplinary proceedings. Not: fines, redemption sums and litigation costs. There is no deductible for these legal assistance expenses. Expenses for dispute resolution not involving a judge. Only if the damage is covered. And we give prior permission for this. For instance: Mediation. Mediation = to resolve a dispute in consultations led by a mediator. There is no deductible for these expenses. Expenses for an expert s assessment if an insured party is held liable. Only if the damage is covered. And we engage an expert to give an expert s assessment on behalf of the insured party. Or give prior permission to engage an expert. There is no deductible for these assessment expenses. Statutory interest. The statutory interest on the claim amount that we pay. No commercial interest. 9. How much is covered for damages and expenses together? The maximum amount we pay per claim is the amount on the policy schedule. What if there is 1 cause for several incidents? Then we count it as 1 claim. What if there is 1 cause for several types of claims? Then we count it as 1 claim. What if several insured parties are liable for the incident? Then we count it as 1 claim. What if there are several claims for liability for 1 incident? Then we count it as 1 claim. The date of the first claim for liability determines whether this insurance covers the claim. 6

7 Continued 9. How much is covered for damages and expenses together? We pay a maximum amount per insurance year. The amount is specified on the policy schedule. This applies to all the insured parties combined. The point in time of the first claim determines the insurance year that the claim relates to. Note: you pay your deductible first. Not for defence expenses, the expenses incurred for legal assistance for criminal or disciplinary proceedings, expenses incurred for dispute resolution without involving a judge, or expenses incurred for an expert s assessment. The deductible for damage to property and personal injury is specified on the policy schedule. What if there are several deductible arrangements for 1 claim? Then the highest deductible applies. 7

8 Not covered Check the General Business Conditions too. Our General Business Conditions specify those situations that are never covered. Sanctions Act 1977 [Sanctiewet 1977] Serious conflicts (molest). Nuclear reactions. Fraud. Terrorism. Failure to comply with the terms and conditions. For each situation, the General Business Conditions specifically state which situations are never covered. Below is a list of what is not covered by your Public Liability Insurance. 10. Which damages are not covered? Damage to your property or the property of your company. Damage to loose items. Injury to animals. Damage to immovable property. Including the property of companies or legal persons that you own or your company owns. Damage due to asbestos. And everything related to them. Genetic damage. Damage due to transmissible spongiform encephalopathy (TSE). For instance, bovine spongiform encephalopathy (BSE) or Creutzfeld-Jakob disease (CJD). Damage to another party s property in the business premises that the insured party leases. Damage to or a reduction in value of property supplied by or handled by the insured party. Also not if the insured party outsources the supply or the work. Also not damage and expenses incurred for recalls, replacement, improvement or restoration. To property supplied by or handled by the insured party. Also not damage and expenses resulting from not being able to use something properly or at all. To property supplied or handled. It makes no difference who suffers the damage or who has incurred the expenses. : damage to or a reduction in value of other supplied property. If this property does not cause or is not partly responsible for causing damage. And the supply of this property is not part of the same agreement. : damage to or a reduction in value of third-party property. To which the insured party has added an item. And the item added by the insured party causes the damage. And damage only becomes visible after the insured party has supplied the item to the other party. Damage and expenses incurred due to carrying out the work or providing the services again. Work or services that the insured party carries out or provides. Also not if the insured party outsources the work or the service. Also not the expenses incurred to solve problems with the work carried out or services provided. It makes no difference who suffers the damage or who has incurred the expenses. 8

9 Not covered Continued 10. Which damages are not covered? Damages arising because the insured party deliberately acts or fails to act. Only applies to the insured party who exhibits the behaviour. Also not covered: if no damage is intended. Individually or in a group. Nor is it covered if the insured party itself does nothing. Consumption of alcohol, medication or drugs is never an excuse. Damages arising as a result of the insured party exhibiting sexual behaviour or behaviour with sexual overtones. Only applies to the insured party who exhibits the behaviour. Individually or in a group. Nor is it covered if the insured party itself does nothing. But is part of a group that does exhibit this behaviour. 11. Which damages are not always covered? Damage to third-party property that an insured party transports, modifies, treats, stores, rents, leases, lends, loans, uses, occupies or takes care of for some other reason is not covered. Nor the direct consequences of this. : third-party property that is in the care of the insured party for processing purposes. Not if the damage to third-party property is caused by processing by the insured party. : damage to or a reduction in value of third-party property. To which the insured party has added an item. And the item added by the insured party causes the damage. And damage only becomes visible after the insured party has supplied the item to the other party. : if a fire insurer has already paid for damage to this property. Not if the insured party is the custodian of this property. Nor is it covered if the insured party rents, leases, or loans the property. : the property of an employee. If the insured party as the employer is liable for the damage. Damage to motor vehicles is not covered. : damage to third-party vessels and vehicles. If the vessels and vehicles are on the insured party s business premises or job site for loading or unloading. Business premises = insured party s grounds. Job site = site where an insured party carries out work. : damage to an exhibition or trade fair space. If the insured party rents that space. Or if it has been made available to the insured party. Only if the insured party itself participates in the exhibition or trade fair. Not: if the damage arises through normal use of the space. For instance, wear and tear of furniture or carpeting. 9

10 Not covered Continued 11. Which damages are not always covered? Damage caused by an aircraft or vessel is not covered. : personal injury caused with or by a vessel. : personal injury caused with or by a vessel without a motor. Or by a motorised vessel with a capacity of 4 hp (2.94 kw). : damage that is caused by the insured party who is a passenger in a vessel. Damage caused by a motor vehicle is not covered. Nor is it covered if an insured party is working with the motor vehicle. This insurance is not supplementary to motor vehicle insurance. This insurance is not a replacement for motor vehicle insurance. : damage caused by a trailer. Not covered: if the trailer is attached to a motor vehicle. Not covered: if the trailer is not yet safely put away after it has been detached or comes off the motor vehicle. Or is not yet stationary and safely out of traffic. : damage caused by cargo. Also during the loading or unloading of the motor vehicle. Also caused by loading and unloading material mounted on a motor vehicle. : damage caused by an insured party who is a passenger. : damage caused by an employee who is driving a motor vehicle. Even if you did not give permission. Even if you knew nothing about it. Not covered: if it is your motor vehicle. Not covered: if the registration certificate is in your name. Not covered: if you are using the motor vehicle under an agreement. For instance, lending, hiring or leasing. Not covered: damage to the motor vehicle. Not covered: the employee s own liability. : if instructions given by an insured party causes damage with a motor vehicle or motorized tool. Not covered: if it is your motor vehicle or motorised tool. Not covered: if the registration certificate is in your name. Not covered: if you are using the motor vehicle or motorised tool under an agreement. For instance, lending, hiring or leasing. Not covered: if the driver or operator is your employee. : damage caused by motor vehicles that are not required to have a registration number. Should the motor vehicle have been insured for the damage according to the Civil Liability Insurance (Motor Vehicles) Act? Then we pay the damage above the amount that should have been insured. Civil Liability Insurance (Motor Vehicles) Act. Damage that amounts to more than normal liability according to the law is not covered. For instance, damages arising from fine, compensation, indemnity or guarantee clauses. 10

11 In the event of a claim 12. When should an insured party report a claim? As soon as an insured party has been held liable. Or it is likely that the insured party will be held liable at a later stage. Also if it is expected that the personal injury will remain under the deductible. Not for damage to property that is under the deductible. 13. When should an insured party report a circumstance? As soon as an insured party suspects that an incident may lead to a claim. And it is likely that the insured party will receive the claim after the insurance has been discontinued. The insured party must always report a circumstance in writing. The insured party must provide information in the report about the incident that led to the damage. The insured party must specify who the expected claimants are. The insured party must provide all the information that it has about the claim amount. 14. When is a circumstance considered to be reported? As soon as we confirm in writing that we accept the report as a notice of circumstances. 15. What should an insured party do if they have a claim? The insured party must cooperate with the handling of the claim. The insured party must provide us with all the information required to determine the extent of the damage. The insured party must help us to recover the paid compensation from another party. The insured party must report the incident to the police if it involves, or may involve, a criminal offence. The insured party must notify us if it is involved in criminal or disciplinary proceedings. The insured party must notify us of all the insurances that cover this damage. 16. What should an insured party not do if they have a claim? Say anything about whether or not it is guilty. Say anything about whether or not it is liable. Pay for the damage. Say or do something that is detrimental for us. Answer mail about the claim. For instance, a summons. For instance, a letter in which someone holds the insured party liable. 17. What if the insured party fails to comply with their obligations if they have a claim? Then the insured party will lose the right to compensation for damages and expenses. Only if our reasonable interest is prejudiced as a consequence. Not if the insured party acknowledges the facts. Not if the insured party rightly states that it is guilty or liable. 18. What if the insured party deliberately fails to comply with their obligations if they have a claim? Then the insured party will lose the right to compensation for damages and expenses. If the insured party does so to deceive us. 11

12 In the event of a claim 19. Who determines the amount of the claim? We do. What if the claim is higher than the insured amount? Then we will confer with the insured party. 20. Who settles the claim? We settle the claim on the insured party s behalf and we are in charge of this procedure. We may oppose the claim. We may pay the other party directly. We may make arrangements ourselves with the other party. 21. Who may conclude settlements? We may conclude settlements directly with the other party on the insured party s behalf. What if we want to accept a settlement offer and the insured party does not? Then the insured party is entitled to ask for a binding opinion. The third party charged with giving a binding opinion decides whether the insured party is justified in finding that the settlement offer should not be accepted. We and you jointly select the third party charged with giving a binding opinion. The party that is ruled as the more unsuccessful party pays the expenses. The third party charged with giving a binding opinion decides who is the more unsuccessful party. What if the insured party does not want to accept the settlement offer under any circumstances? Then the compensation that the insured party must pay that exceeds the settlement offer is not covered. 22. What if an insured party is also covered under another insurance? The other insurance takes precedence. If the insured party is covered for this if our insurance did not exist. We do, however, pay the claim above the maximum amount of the other insurance. We do not pay your deductible for the other insurance. 23. What if an insured party reports a claim after the insurance has stopped? The insurance is no longer valid. It is if you have reported that an insured party may be held liable (= circumstance). But only if you reported it before the insurance was discontinued. It is if we discontinued the insurance. And you report the claim within 1 year. And the incident happened within the insured period. And you had paid an extra premium of 50% of the previous annual premium at the time of the discontinuation. It is if the insurance was discontinued because your company stopped operations. And you report the claim within three years. And the incident happened within the insured period. And you had paid an extra premium equal to once the previous annual premium at the time of the discontinuation. 12

13 Section 2. Corporate liability Contents Click on the question to read the answer. 24. Which damages are covered? 14 Not covered 25. Which damages are not covered? 15 These terms and conditions only apply if Section 2 is covered. This is stated on the policy schedule. 13

14 Section 2. Corporate liability 24. Which damages are covered? Damage to third-party property. Damage = broken, lost or contaminated. And the direct consequences of this. Damage to loose items. Damage to immovable property. Injury to animals. Only if an insured party is liable for the damage. Including liability for the provision of products and services. Not: expenses incurred for precautionary measures taken by another party. For preventing damage to goods. Nor the direct consequences of these measures. Personal injury. Injuries. Illness (physical or mental). Death. Only if an insured party is liable for the damage. Including liability for the provision of products and services. Not: expenses incurred for precautionary measures taken by another party. For preventing personal injury. Nor the direct consequences of these measures. 14

15 Section 2. Corporate liability Not covered 25. Which damages are not covered? Damages for which the insured party as the employer is liable. Personal injury to an employee due to the work that he or she does for the insured party. Damage to an employee s property due to the work that he or she does for the insured party. Section 3 applies to this: Employer s liability. This is stated on your policy schedule whether you are insured for this section. Environmental damage. Environmental damage = contamination of the soil, surface water or groundwater. Section 4 applies to this: Environmental liability. This is stated on your policy schedule whether you are insured for this section. 15

16 Section 3. Employer s liability Contents Click on the question to read the answer. 26. Which damages are covered? 17 These terms and conditions only apply if Section 3 is covered. This is stated on the policy schedule. 16

17 Section 3. Employer s liability 26. Which damages are covered? Personal injury to an employee due to the work that he or she does for the insured party. And the insured party as the employer is liable for this. Injuries. Illness (physical or mental). Death. Damage to an employee s property due to the work that he or she does for the insured party. And the insured party as the employer is liable for this. Damage = broken, lost or contaminated. 17

18 Section 4. Environmental liability Contents Click on the question to read the answer. 27. Which damages are covered? 19 Not covered 28. Which damages and expenses are not covered? 20 These terms and conditions only apply if Section 4 is covered. This is stated on the policy schedule. 18

19 Section 4. Environmental liability 27. Which damages are covered? Personal injury. Injuries. Illness (physical or mental). Death. Only if an insured party is liable for the damage. In the event of sudden contamination of the soil, surface water or groundwater. For instance, in the event of fire due to a short circuit or because a silo bursts open. If the damage arose at the insured party s business premises or worksite. Business premises: where an insured party is based. Worksite: the site where you or your company operates. Not: expenses incurred for precautionary measures taken by another party. For preventing personal injury. Nor the direct consequences of these measures. Damage to third-party property. Damage = broken, lost or contaminated. And the direct consequences of this. Damage to loose items. Damage to immovable property. Injury to animals. Only if an insured party is liable for the damage. Including liability for the provision of products and services. In the event of sudden contamination of the soil, surface water or groundwater. For instance, in the event of fire due to a short circuit or because a silo bursts open. If the damage arose at the insured party s business premises. Business premises: where an insured party is based. Not: expenses incurred for precautionary measures taken by another party. For preventing damage to goods. Nor the direct consequences of these measures. 19

20 Section 4. Environmental liability Not covered 28. Which damages and expenses are not covered? Environmental damage caused by a slow-acting process. For instance, corrosion of an oil tank. Environmental damage to an insured party s business premises or worksite. Environmental damage = contamination of the soil, surface water or groundwater. Business premises: where an insured party is based. Worksite: where an insured party works. Including work performed under the responsibility of the insured party. Expenses for restricting environmental damage on the business premises. : expenses incurred to prevent the imminent danger of damage to others. Damages for which the insured party as the employer is liable. Personal injury to an employee due to the work that he or she does for the insured party. Damage to an employee s property due to the work that he or she does for the insured party. Section 3 applies to this: Employer s liability. This is stated on your policy schedule whether you are insured for this section. Note: This translation of the original Voorwaarden Aansprakelijkheidsverzekering voor Bedrijven, Model no. LAB15 is furnished for the customer s convenience only. The original Dutch text and any applicable Clauses will be binding and shall prevail in case of any variance between the Dutch text and the English translation. 20

21 Contact? Call Even Apeldoorn (055) Our staff will be happy to assist you. Send a letter, P.O. Box 700, 7300 HC Apeldoorn centraalbeheer.nl/zakelijk is a trade name of Achmea Schadeverzekeringen N.V., Ch. of Comm. no and Achmea Pensioen-en Levensverzekeringen N.V., Ch. of Comm. no , which have its registered office in Apeldoorn; Achmea Bank N.V., which has its registered office in Den Haag, Ch. of Comm. no ; and Achmea Investment Management B.V., which has its registered office in Zeist, Ch. of Comm. no