CONTRACTORS LIABILITY INSURANCE

Transcription

1 CONTRACTORS LIABILITY INSURANCE POLICY DOCUMENT

2 Important Information About Your Policy: DUAL SPECIALTY RISKS CONTRACTORS LIABILITY INSURANCE DUCL 15 POLICY DOCUMENT This policy has been prepared in accordance with Your instructions. It is a legal contract. Read it and satisfy yourself that it is in accordance with Your requirements and that You understand its limits, terms, conditions and exclusions. You should contact Your insurance broker or the intermediary who arranged this Insurance Immediately if any correction is necessary. This Policy consists of: the General Insuring Clause which explains the basis on which cover is provided the Schedule which states who the Insured is, the Business being covered and other particulars such as the Period of Insurance and details of which Sections of the Policy are operative. It also shows such details as the occurrences insured, limits of liability and matters and amounts for which You are responsible; Definitions which define particular words and expressions applying to the whole of this Policy or, where specifically stated, applying to a particular section; the Sections of the Policy which give precise details of the cover being provided; the General Conditions and General Exclusions of cover applying to the whole of this Policy or, where specifically stated, applying to a particular section; any Endorsements which apply to the Policy or individual Sections and incorporate extensions, limitations and amendments You should Immediately notify Us via Your insurance broker or intermediary of any changes which may affect the cover provided by this Policy. Failure to notify changes may mean you are not covered by this Policy. Alterations to the cover required or provided after issue of the Policy will be confirmed by separate Schedules and or Endorsements which You should file with the Policy. You should refer to these Schedules and Endorsements and the Policy to ascertain precise details of cover currently in force

3 General Insuring Clause: This Policy, the Proposal, the Schedule (including any Schedule issued in addition or substitution) and any Endorsement or Memoranda shall be considered one document and any word or expression to which a specific meaning has been attached shall bear such meaning wherever it appears. The Insured named in the Schedule: 1 Having made to Us a Proposal and or having provided to Us information, the truth of the representations, declarations and information contained therein being agreed to be the basis of this Insurance and to be incorporated herein; and 2 Having paid or agreed to pay the Premium to Us The Insurers are hereby bound, each for his own part and not one for another their heirs, Executors and Administrators to provide the insurance stated in each operative section of the Policy in accordance with the limits, terms, conditions and exclusions contained herein or endorsed hereon in connection with the Business during the Period of Insurance Signed by Glenn Marshall, Senior Underwriter DUAL Corporate Risks Limited

4 Claims Procedure Please refer to the Claims Conditions of the Policy for full details of the claims procedure and conditions relating to claims notification. It is condition precedent to liability that We are notified Immediately You are aware of any occurrence or circumstance which may give rise to a claim. Please contact Us using the claims notification of loss telephone line: or by to: or by post to: Claims@dualspecialtyrisks.com Claims Department, Dual Corporate Risks, Queens House, Micklegate, York, YO1 6WG. All claims notified to Us will be acknowledged Immediately upon receipt.

5 Schedule Reference: Type: Form: Insured: Employer's Reference Number (ERN): Insured s Address: Insured s Business Description: GL H1 Contractors Liability Insurance as per Form specified below. DUCL 15 policy as attached plus Endorsements as attached. Aurelius Environmental Limited NOT APPLICABLE St. George's Works Bradleys lane Tipton DY4 9EZ United Kingdom Sorting and redistribution of spent batteries Period of Insurance: FROM: 03/11/2015 TO: 02/11/2016 Both days inclusive Local Standard Time at the Insured's Address Interest: Section 1 Employers' Liability } All as more fully defined in the attached policy Section 2 Public Liability } Section 3 Products Liability } Limits: Section 1 Employers' Liability GBP 10,000,000 as defined in the attached policy Section 2 Public Liability GBP 5,000,000 as defined in the attached policy Section 3 Products Liability GBP 5,000,000 as defined in the attached policy Retroactive Date: 03/11/2014 In respect of Products & Pollution Territorial Limits: Excess: As defined in the attached policy Section 1 Employers' Liability Nil Section 2 Public Liability GBP 2, Each & Every Claim for bodily injury & or property damage inclusive of costs & expenses Section 3 Products Liability GBP 2, Each & Every Claim for bodily injury & or property damage inclusive of costs & expenses

6 Conditions: Pollution Claims Made Endorsement Products Liability Claims Made Endorsement Work Away Other Than Collection & Delivery Exclusion Premium: Section 1 Employers' Liability GBP 3, Minimum and Deposit Adjustable at the rate(s) of : Clerical 0.4% on GBP 80, Manual 2% on GBP 170, Sections 2 Public Liability and 3 Products Liability GBP 8, Minimum and Deposit Adjustable at the rate(s) of : Turnover 0.25% on GBP 3,500, Taxes: Section 1 Employers' Liability United Kingdom Insurance Premium Tax 9.5% GBP Sections 2 Public Liability and 3 Products Liability United Kingdom Insurance Premium Tax 9.5% GBP Insurers: DUAL Corporate Risks Limited underwriting on behalf of: 50% Aspen Insurance UK Limited: O0A PH 50% Liberty Mutual Insurance Europe Limited: B

7 SECURITY DETAILS INSURER'S LIABILITY: Insurer s liability several not joint The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract. The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is subject always to the provision concerning signing below. In the case of a Lloyd s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member s proportion. A member is not jointly liable for any other member s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd s, at the above address. Proportion of liability Unless there is signing (see below), the proportion of liability under this contract underwritten by each insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its written line. Where this contract permits, written lines, or certain written lines, may be adjusted ( signed ). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of a Lloyd s syndicate taken together) is referred to as a signed line. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred. Although reference is made at various points in this clause to this contract in the singular, where the circumstances so require this should be read as a reference to contracts in the plural. LMA3333 Risk Transfer Some Insurers, as an added protection to our clients, have agreed that monies collected by us from Clients and held to the account of Insurers (or claims monies held for payment to our Clients) will be considered by those Insurers as their money ( Risk Transfer ). This does mean however that in the case of insolvency of the Insurer we may be required to remit premiums to the Administrator or Liquidator and may be prevented from passing claims monies received to Clients. Where we act as agents of Insurers for the purposes of holding or receiving claim payments or return premiums we will remit them to such parties as Insurers direct us to pay. Please refer to your Terms of Business Agreement.

8 Pollution Claims Made Endorsement It is hereby noted and agreed that as far as concerns liability in respect of Pollution or Contamination notwithstanding any provisions to the contrary in this Policy, the following additional terms and conditions precedent to liability shall apply: 1 the indemnity afforded by this Policy shall apply only in respect of any claim first made against the Insured during the Period of Insurance; Provided always that if the Insured shall notify the Insurers during the Period of Insurance in accordance with Item 1 Claims Procedures and Control of Claims Conditions of this Policy of any sudden, identifiable, unintended and unexpected Event which may give rise to a claim subsequently made against the Insured arising out of such Event the claim shall be considered by the Insurers for the purposes of this Policy to have been made against the Insured on the date of such notification; 2 this Policy shall not apply to any Pollution or Contamination happening prior to the Retroactive Date as stated in the Schedule; 3 the Limit of Liability shall apply in the aggregate in respect of all claims first made against the Insured during the Period of Insurance and all claims arising from the same Event shall be considered by the Insurers to have been first made against the Insured during the Period of Insurance in which the notification of the first of those claims was made or so deemed. All other terms and conditions remain unaltered.

9 Products Liability Claims Made Endorsement It is hereby noted and agreed that as far as concerns liability in respect of Section 3 Products Liability: 1 the indemnity afforded by this Policy shall apply only in respect of any claim arising from the Insured s Product manufactured, sold or supplied on or after the Retroactive Date as stated in the Schedule provided always that the Insured shall notify the Insurers during the Period of Insurance in accordance with Item 1 Claims Procedures and Control of Claims Conditions of this Policy; 2 the Limit of Liability shall apply in the aggregate in respect of all claims first made against the Insured during the Period of Insurance and all claims arising from the same Event shall be considered by the Insurers to have been first made against the Insured during the Period of Insurance in which the notification of the first of those claims was made or so deemed. All other terms and conditions remain unaltered.

10 Work Away other than Collection and Delivery Exclusion The Insurance by this Policy will not indemnify the Insured against legal liability directly or indirectly caused by or arising from manual work undertaken away from the premises of the Insured other than in the course of collection and delivery. All other terms and conditions remain unaltered.

11 Policy summary Dual Contractors Liability Policy (DUCL 15) This booklet provides a summary of the significant features, benefits and limitations of the cover provided by the Dual Specialty Risks Contractors Liability Policy. If you want to see full details of the standard cover offered in DUCL 15, please refer to the policy. About your policy The insurance policy is underwritten by Dual Specialty Risks Ltd a division of Dual Corporate Risks Ltd authorised and regulated by the Financial Services Authority. Your Insurers are stated in the Policy Schedule. The policy is an annually renewable non-investment insurance contract and is governed in all respects by the law applying in England & Wales. Your policy will be based on the proposal you make in respect of your business and we will only provide the cover described in the insurance issued if anyone claiming cover has kept to all the relevant conditions in the insurance, including those in any endorsement, throughout the period of insurance. IF YOU HAVE PURCHASED EMPLOYERS LIABILITY INSURANCE: Your insurance policy protects you against damages and legal costs that arise as a result of claims from employees suffering an injury or disease caused by their employment with the business you have insured with us during the period of the policy. The cover provided complies with UK compulsory employer s liability law. Significant features and benefits Cover applies to Great Britain, Northern Ireland, the Channel Islands and the Isle of Man and member States of the European Union and elsewhere in the World in respect of non-manual work excluding the United States of America or Canada unless otherwise endorsed to the Policy. The limit of indemnity is the maximum amount insurers will pay for any one Event, including Legal Costs and Expenses. For most claims the limit of indemnity is 10,000,000 (inclusive of Legal Costs). Cover includes: protection for any principal for claims arising out of your work the cost of defending a prosecution under the Health and Safety at Work Act or any UK corporate manslaughter / homicide Act the cost of representation at any Coroner s Inquest or Fatal Accident Inquiry compensation for attendance at court as a witness unsatisfied UK court judgments extension. If an employee is injured at work by somebody else and the other person doesn t pay the award or damages against them, we will accidental discovery of asbestos however, please refer to general exclusion 2.G in respect of asbestos cover all as defined in the policy. Significant and unusual exclusions or limitations Cover does not include: claims for which compulsory motor insurance is required. Refer to Exclusion 1 to Section 1. claims arising out of work offshore. Refer to Exclusion 2 to Section 1. medical and repatriation expenses. Refer to Exclusion 3 to Section 1. You will be advised of any such limitations and conditions when we provide a quotation or renewal terms. Please ensure that you are familiar with the requirements made by any such conditions by referring to your policy.

12 IF YOU HAVE PURCHASED PUBLIC AND PRODUCTS LIABILITY INSURANCE: Your insurance policy protects you against legal liability and legal costs that arise as a result of claims from third parties suffering injury or damage arising out of the business you have insured during the period of the policy. It also protects you against legal liability and legal costs that arise as a result of claims from third parties suffering injury or damage arising out of products produced by the business you have insured, when the injury or damage happens during the period of the policy Significant features and benefits Cover applies to Great Britain, Northern Ireland, the Channel Islands and the Isle of Man and member States of the European Union and elsewhere in the World in respect of non-manual work excluding the United States of America or Canada unless otherwise endorsed to the Policy The limit of indemnity is the maximum amount insurers will pay for any one Event. We usually offer an option of either 1m, 2m, 5m or 10m limits and the Legal Costs of defending a claim are covered by the policy in addition to the limit for public liability claims. The limit chosen will also be the maximum amount insurers will pay in total for claims made inthe Period of Insurance relating to Products. Cover includes: the export of Products to any country other than the United States or Canada. (You can however request that we provide a quote to include USA and Canada exports) legal liability for terrorism is limited to 2m or the limit of liability stated in the schedule whichever is the lower. This limit forms part of the aggregate cover available for products liability protection for any principal for claims arising out of your work contingent Motor Liability subrogation Waiver the cost of defending a prosecution under the Health and Safety at Work Act or the UK Corporate Manslaughter and Corporate Homicide Act the cost of representation at any Coroner s Inquest or Fatal Accident Inquiry compensation for attendance at court as a witness liability arising under the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order 1975 liability arising under the Data Protection Act 1998 overseas personal liability for you and your family members when you travel on business liability arising under the Consumer Protection Act 1987, the General Product Safety Regulations 2005 or the Food Safety Act 1990 if you have purchased products liability cover accidental discovery of asbestos but please refer to general exclusion 2.G in respect of asbestos cover all as defined in the policy. Significant exclusions or limitations Standard cover does not include: injury sustained by Persons Employed. Please refer to Exclusion 1 of Section 2 claims for which compulsory motor insurance is required. Please refer to Exclusion 4 of Section 2 arising out of the ownership, possession or use by or on behalf of the Insured of any vessel or craft designed to travel in, on or through water, air or space exceeding 4 metres in length. Please refer to Exclusion 5 of Section 2 work Offshore contract works Property in the Insured s Care Custody or Control JCT Clause Please refer to Exclusion 6 of Section product recall or guarantee. Refer to Exclusion 1 of Section 3, products intended for use in or incorporation into any craft designed to travel in, on or through air or space or safety or navigational equipment of marine craft. Please refer to Exclusion2 of Section 3 In addition to the above Exclusions we apply General Exclusions to all Sections of the policy. Please refer to the General Exclusions in the policy. For example when you carry out your business away from your own premises the policy contains exclusions for: use of explosives. Please refer to General Exclusions 2.D excavations below 5 metres in depth. Please refer to General Exclusions 2.E work carried out at a height in excess of 15 meters. Please refer to General Exclusions 2.F the collection, handling or disposal of Non-Hazardous Waste. Please refer to General Exclusions 2.H Professional Services arising from or in connection with advice, design, specification provided for a fee Fines, liquidated damages clauses, penalty clauses or performance warranties. Please refer to General Exclusion 4

13 Excess This is the amount you have to pay towards any valid claim. You will be advised what the excess is when we provide a quotation or renewal terms and the amount of the excess will be stated on your policy schedule. No indemnity is provided by the Policy until the applicable excess for any claim has been paid and received. In the event of a claim: Please refer to the Claims Conditions of your policy for full details of what is expected of you in the event of a claim, including notification. The speed with which we are advised of occurrences or circumstances which may give rise to a claim is a vital aspect of controlling indemnity. It is a condition precedent that you notify us immediately, which means within 5 days of your knowledge of a claim or circumstance likely to give rise to a claim against you. Please contact us using the claims notification of loss telephone line: For speed by to: You may also contact by post to: Claims@dualspecialtyrisks.com Claims Department, Dual Corporate Risks, Queens House, Micklegate, York, YO1 6WG. All claims notified to us will be acknowledged immediately upon receipt. Financial Services Compensation Scheme Insurers are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if Your Insurers cannot meet their obligations. This depends on the type of insurance the scope of Your Business and the circumstances of the claim. Further information about compensation scheme is available from the FSCS. Financial Services Compensation Scheme 10 th Floor, Beaufort House 15 St Botolph Srteet London EC3A 7QU Telephone: enquiries@fscs.org.uk How to Complain If there is any occasion where service does not meet your expectations in the first instance please contact your Insurance Broker. If You remain dissatisfied please contact DUAL: In writing: Head of Compliance DUAL Corporate Risks Limited 107 Leadenhall Street London EC3A 4AF By complaints@dualgroup.com By phone: +44 (0) In the first instance, DUAL will review Your complaint and hope to resolve the matter. DUAL will investigate the circumstances regarding Your complaint and write to You within four weeks with our response. If You are not happy with the way DUAL has handled your complaint, You may have the right to refer your case to the Financial Ombudsman Service (FOS). This also applies if You are insured in a business capacity and have an annual turnover of less than 2 million and fewer than ten staff. The FOS can be contacted at: In writing: The Financial Ombudsman Service Exchange Tower London E14 9SR By complaint.info@financial-ombudsman.org.uk By phone: / You can find information on the FOS at Please remember that You may have to refer Your complaint to the FOS within specific timelines. We will communicate the applicable timeline in our response to your complaint. If the main insurer listed in the insurer details clause, is a Lloyd s syndicate the following will apply:

14 You should contact DUAL in the same manner than mentioned above, then in the first instance, DUAL will review Your complaint and hope to resolve the matter. DUAL will investigate the circumstances regarding Your complaint and write to You within two weeks with our response. If You remain unhappy with the way DUAL has handled Your complaint, You may have the right to refer Your case to Lloyds. If You wish to ask Lloyd s to investigate your complaint You may do so by contacting: In writing: Complaints Team Lloyd s One Lime Street London EC3M 7HA By complaints@lloyds.com By Phone: +44 (0) By fax: +44 (0) Website: Details of Lloyd s complaints procedures are set out in a leaflet Your Complaint How We Can Help available at and are also available from the above address. If you are not happy with the way DUAL and Lloyd s have handled your complaint, You may have the right to refer Your case to the Financial Ombudsman Service. The process to follow to contact the FOS is as stated above. Making a complaint will not affect your legal rights.

15 Definitions These Definitions are applicable to the whole Policy or, where specifically stated, to a particular Section of the Policy wherever the words appear in italics starting with a capital letter. Words importing the singular include the plural and vice versa. These Definitions are subject to the terms, conditions, limits and exclusions of the Policy. A Additional Insured means: B 1. the personal representatives of the Insured in respect of legal liability incurred by the Insured; 2. any principal for whom the Insured is carrying out a contract for the performance of work but only to the extent required by contract conditions; 3. any Person Employed; 4. any director or partner of the Insured; 5. the owners of plant hired in by the Insured but only to the extent required by the hiring conditions; 6. any director or partner or employee of the Insured in respect of private work undertaken by any Person Employed for such director or partner or employee with the prior consent of the Insured; against legal liability in respect of which the Insured would have been entitled to indemnity under this Policy if the claim for which indemnity is sought had been made against the Insured; 7. the officers, committees and members of the Insured's canteen, social, sports and welfare organisations and first aid, fire, medical and security services in their respective capacities as such; each of whom shall as though the Insured be subject to the limits, terms, conditions and exclusions contained in this Policy so far as they can apply. Business means those activities directly connected with the Business specified in the Schedule and is extended to include: C 1. the ownership and occupation of premises by the Insured including incidental maintenance and repair 2. the provision and management of canteen, social, sports and welfare organisations and first aid, ambulance and medical services for the benefit of any Person Employed; 3. first aid, fire, security and ambulance services maintained solely for premises owned or occupied by the Insured; 4. private work undertaken by any Person Employed, for any director or partner or senior official of the Insured with the prior consent of the Insured; 5. participation in exhibitions held within the Territorial Limits; 6. project supervision where the Insured acts in the capacity of project supervisor in the course of the Business described in the Schedule, by virtue of the requirements of any health and safety legislation. Contract Works means all works executed or in the course of execution by, or on behalf of the Insured in the performance of any contract entered into by the Insured and materials for incorporation therein and all plant, tools, equipment, temporary works or temporary buildings for use in connection therewith. D Damage means accidental physical loss, destruction or damage to tangible property. E

16 Event means any occurrence, including the continued or repeated injurious exposure to substantially the same general conditions, which results in Injury or Damage. All Events or series of Events consequent upon or attributable to one source or original cause shall be regarded as a single Event for the purposes of this Policy. Excess means the amounts specified in the Schedule, or any applicable Endorsement which the Insured shall pay before the Insurer shall be liable to make any payment as ascertained after the application of all the terms, conditions, exclusions and limits of the Policy. H Hazardous Waste means "Hazardous Waste" as defined in the Hazardous Waste (England and Wales) Regulations 2005 and any amending and/or subsequent legislation. Health and Safety Legislation means: I 1. the Health and Safety at Work etc Act 1974 and any amending and/or subsequent legislation; 2. the Health and Safety at Work (Northern Ireland) Order 1978 and any amending and/or subsequent legislation. Immediately means within 5 (five) days. Injury means bodily Injury, death, disease, illness, nervous shock or psychiatric illness. Insured means the Insured as stated in the Schedule. Insurer means the Insurer stated in the Schedule

17 L Legal Costs means: 1. legal costs and expenses recoverable by any claimant arising from the legal liability of the Insured and all costs and expenses incurred with Our written consent N 2. the costs of legal representation of the Insured incurred with Our written consent at: A. any coroners inquest or fatal accident enquiry arising from any death; B. proceedings in any court of summary jurisdiction arising out of any alleged breach of statutory duty resulting in Injury or Damage which may be the subject of a claim under this Policy; Non-Hazardous Waste means "Non-Hazardous Waste" as defined in the Hazardous Waste (England and Wales) Regulations 2005 and any amending and/or subsequent legislation. Nuisance means nuisance, trespass or interference with any: O Offshore 1. easement; 2. right of air; 3. right of light; 4. right of water; 5. right of way. means from the time of embarkation onto a conveyance at the point of final departure to any Offshore installation, including but not limited to any Offshore rig or platform, until disembarkation onto land upon return from such installation. P Pathogenic Organism means any mould, fungi spore, bacteria, yeast, mildew, algae, virus, mycotoxin or any other metabolic product, enzyme or protein secreted or produced, whether toxic or otherwise. Period of Insurance means the period as stated in the Schedule.

18 Person Employed means any: 1. person under a contract of service or apprenticeship with the Insured; 2. labour master or labour-only subcontractor or person supplied by any of them; 3. self-employed person; 4. person hired to or borrowed by the Insured; 5. person undertaking study, a training scheme or work experience; 6. person supplied to the Insured under a contract or agreement, the terms of which deem such person to be in the employment of the Insured; 7. voluntary worker or temporary worker; 8. driver under Construction Plant-hire Association conditions; while working under the control of the Insured in connection with the Business. Pollution or Contamination means Pollution or Contamination of buildings or other structures, or of water or land or the atmosphere and all Damage or Injury directly or indirectly caused by such Pollution or Contamination. Premium means the amount specified in the Schedule Products means any commodity, article or thing including packaging, containers and labels, sold, supplied, distributed, erected, repaired, altered, treated, installed, processed, manufactured or tested by or on behalf of the Insured and no longer in the possession or under the control of the Insured; but shall not include: 1. food or drink for consumption on the premises of the Insured or at any other premises where the Insured is conducting the Business; 2. the Contract Works. Property means tangible Property. Proposal means any information supplied by the Insured in connection with this Insurance and any declaration made in connection therewith by or on behalf of the Insured S Schedule means the Schedule of Insurance, for the time being in force attaching to and forming part of this Policy.

19 T Territorial Limits means: 1. Great Britain, Northern Ireland, the Channel Islands and the Isle of Man and Member States of the European Union; 2. the non-manual activities of any director and/or partner of the Insured and/or Person Employed ordinarily resident in the territories named in 1 above, but temporarily engaged in the Business elsewhere in the world, excluding any country or territory which operates under the law of the United States of America or of Canada; 3. elsewhere in the world, excluding any country or territory which operates under the law of the United States of America or of Canada, in connection with any Event arising out of Products. Terrorism means any act, use or threat of force, violence or intimidation by any person, body, group, network or organisation for any political, religious or ideological purpose whatsoever. W We/Us/Our means Dual Corporate Risks Limited Y You/Your means the Insured as stated in the Schedule.

20 Section 1 Employers' Liability Cover and Jurisdiction The Insurers will indemnify the Insured and any Additional Insured: 1. against legal liability for Damages and claimant's costs and expenses in respect of Injury sustained by any Person Employed caused during the Period of Insurance within the Territorial Limits and arising out of and in the course of employment by the Insured in the Business; 2. in respect of Legal Costs incurred with the written consent of Us in connection with any Event which is or may be the subject of indemnity under 1 above. Provided always that no indemnity will be afforded by the Insurers in respect of any judgement, award or settlement made in any country or territory outside Great Britain, Northern Ireland, the Channel Islands or the Isle of Man, or in respect of any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part, unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by Us in granting such cover, which offer and acceptance must be signified by an Endorsement attaching to this Policy. Limit of Liability and Legal Costs Irrespective of: 1. the number of parties and/or entities entitled to indemnity; 2. the number of claimants; the total amount payable by the Insurers under this Section including all Extensions in respect of or arising from any one claim or series of claims against the Insured arising out of one Event shall not exceed the limit of liability specified in the Schedule for Employers' liability inclusive of Legal Costs This Section provides cover against the legal liability of the Insured for Damages, claimant's costs and expenses and Legal Costs in respect of Injury sustained by Persons Employed arising as a result of Terrorism during the Period of Insurance within the Territorial Limits up to a limit of 5,000,000 in respect of any one Event.

21 Extension to Section 1 The following Extension shall apply, subject always to the limits, terms, conditions and exclusions of this Section and the Policy. 1. Unsatisfied Court Judgements If a judgement for Damages is obtained: A. by any Person Employed or the personal representatives of any Person Employed in respect of Injury sustained by the Person Employed caused during the Period of Insurance and arising out of and in the course of employment by the Insured in the Business; B. against any company or individual operating from premises in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man; in any court within the territories specified in B above; and C. remains unsatisfied in whole or in part 6 (six) months after the date of such judgement; at the request of the Insured, the Insurers will pay to the Person Employed or the personal representatives of the Person Employed, the amount of any such Damages and any awarded costs to the extent that they remain unsatisfied provided that: 1. there is no appeal outstanding; 2. if any payment is made under the terms of this Extension, the Person Employed or the personal representatives of the Person Employed shall assign the judgement to the Insurers. Exclusions to Section 1 This Section will not apply to legal liability in respect of: 1. Road Traffic Legislation Injury for which the Insured is required to arrange motor insurance or security in accordance with any road traffic legislation. 2. Offshore Work Injury sustained by any Person Employed Offshore. 3. Medical and Repatriation Costs A. medical costs or medical expenses; B. repatriation costs or repatriation expenses; incurred by any Person Employed whilst outside Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.

22 Section 2 Public Liability Cover and Jurisdiction The Insurers will indemnify the Insured and any Additional Insured: 1. against legal liability for Damages and claimant's costs and expenses in respect of: A. Injury sustained by any person; B. Damage to Property; C. Nuisance; happening during the Period of Insurance within the Territorial Limits in connection with the Business; 2. in respect of Legal Costs incurred with the written consent of Us in connection with any Event which is or may be the subject of indemnity under 1 above. Provided always that no indemnity will be afforded by the Insurers in respect of any judgement, award or settlement made in any country or territory which operates under the laws of the United States of America or of Canada or in respect of any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by Us in granting such cover, which offer and acceptance must be signified by an Endorsement attaching to this Policy. Limit of Liability and Legal Costs 1. Irrespective of: A. the number of parties and/or entities entitled to indemnity; B. the number of claimants; the total amount payable by the Insurers under this Section and all Extensions in respect of any one Event shall not exceed the Limit of Liability specified in the Schedule for Public Liability. 2. Legal Costs payable by the Insurers shall be paid in addition to the Limit of Liability unless otherwise stated provided always that: A. if a payment of Damages and/or claimant's costs and expenses exceeding the Limit of Liability has to be made to dispose of any claim; and B. the Insurers are liable to pay Legal Costs in addition to the Limit of Liability; the liability of the Insurers for such Legal Costs shall be limited to such proportion as the Limit of Liability bears to the amount paid to dispose of such claim. Nothing contained in this clause shall be construed to vary or override Claims Condition 2 of this Policy. This Section provides cover against legal liability for Damages and claimant's costs and expenses and Legal Costs in respect of Injury sustained by any person, other than a Person Employed, and Damage to Property directly or indirectly caused by, or contributed to by, or arising from Terrorism occurring during the Period of Insurance within the Territorial Limits up to a limit of 2,000,000 in respect of any one Event or the amount of the Limit of Liability as stated in the Schedule, whichever is the lower.

23 Extensions to Section 2 The following Extensions shall apply, subject always to the limits, terms, conditions and exclusions of this Section and the Policy. 1. Contingent Motor Liability Notwithstanding Exclusion 4 of Section 2, the Insurers will indemnify the Insured and no other against legal liability arising out of the use in the course of the Business of any mechanically-propelled vehicle not the Property of nor provided by the Insured. This Extension will not apply to legal liability: A. arising while such vehicle is being driven by the Insured or Additional Insured; B. in respect of loss of or Damage to such vehicle or to any Property conveyed therein; C. arising out of the use of any such vehicle owned or provided by any principal for whom the Insured is working or any subcontractor acting for or on behalf of the Insured; D. arising outside Great Britain, Northern Ireland, the Channel Islands or the Isle of Man; E. in respect of which the Insured is entitled to indemnity under any other insurance. 2. Cross Liabilities If the Insured comprises more than one entity the Insurers will indemnify each entity in the same manner and to the same extent as if a separate Policy had been issued to each provided that the total amount of indemnity afforded by the Insurers shall not exceed the Limit of Liability regardless of the number of entities entitled to indemnity. 3. Subrogation Waiver If the terms of any contract or agreement entered into by the Insured so require, the Insurers will waive any right of subrogation they may have or acquire, but only to the extent required by such contract or agreement, subject otherwise to the limits, terms, conditions and exclusions of this Policy. 4. Defective Premises Act In so far as this Section indemnifies the Insured against legal liability in respect of Injury or Damage to Property, such Section shall apply to legal liability incurred by the Insured by virtue of Section 3 of the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order 1975 in connection with premises disposed of by the Insured. This Extension will not apply to legal liability: A. for the costs of remedying any defect or alleged defect in premises disposed of by the Insured; B. in respect of which the Insured is entitled to indemnity under any other insurance. 5. Overseas Personal Liability The Insurers will indemnify the Insured and, if the Insured so requests, any director or partner of the Insured or Person Employed against legal liability incurred in a personal capacity while temporarily outside Great Britain, Northern Ireland, the Channel Islands or the Isle of Man in connection with the Business but excluding any country or territory which operates under the law of the United States of America or of Canada. This Extension will not apply to legal liability: A. arising out of the ownership or occupation of land or buildings; B. in respect of which indemnity is afforded by any other insurance.

24 6. Data Protection Act The Insurers will indemnify the Insured and, if the Insured so requests, any director or partner of the Insured or Person Employed against legal liability arising under Section 13 of the Data Protection Act 1998 or any subsequent amending legislation. For the purposes of this Extension Damage and/or distress within the meaning of such Act shall be deemed to be Injury, provided that the Insured: A. is registered in accordance with the terms of such Act or has applied for registration which has not been refused or withdrawn; B. has taken all reasonable care to comply with the requirements of such Act. This Extension will not apply to: i. the costs of replacing, reinstating, rectifying or erasing data; ii. iii. iv. legal liability arising from, or caused by any deliberate act or omission of the Insured or any person entitled to indemnity, if the result thereof could reasonably have been expected by the Insured or such other person having regard to the nature and circumstances of such act or omission; the payment of fines or penalties; claims arising out of circumstances notified to previous Insurers or known to the Insured at the inception of this Policy; v. legal liability in respect of which indemnity is provided by any other insurance. Exclusions to Section 2 This Section will not apply to legal liability: 1. Injury sustained by Persons Employed for Injury sustained by any Person Employed arising out of and in the course of employment by the Insured in the Business. 2. Product directly or indirectly caused by, arising from or in connection with any Product. 3. Pollution or Contamination directly or indirectly caused by, arising from or in connection with Pollution or Contamination. 4. Vehicles arising out of the ownership or possession or use of any mechanically-propelled vehicle by or on behalf of the Insured in circumstances where insurance or security is required under the provisions of any road traffic legislation but this Exclusion will not apply to: A. mechanical plant while operating as a tool of trade; B. the loading or unloading of any vehicle; except in respect of legal liability for which: i. insurance or security is required by law; ii. indemnity is provided by any motor insurance contract.

25 5. Vessels and Craft arising out of the ownership, possession or use by or on behalf of the Insured of any vessel or craft designed to travel in, on or through water, air or space but this Exclusion will not apply to waterborne craft not exceeding 4 (four) metres in length in the territorial waters of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man, and Member States of the European Union. 6. Contract Works Property in the Insured's Care Custody or Control JCT Clause in respect of loss of or Damage to any Property: A. which constitutes or forms any part of the Contract Works happening before the date of certified completion or hand over of the Contract Works by the Insured; B. which at the time of the Event giving rise to such liability is owned by or held in trust by or in the care, custody or control of the Insured or any Person Employed, other than: i. personal effects including vehicles and their contents of any Person Employed or any director or partner of or visitor to the Insured; ii. iii. premises including their contents, not owned by or leased or rented to the Insured but temporarily occupied by the Insured for the purposes of undertaking work in connection with the Business, provided that this paragraph ii shall not include any Property to which 6A directly above applies; premises and their fixtures and fittings based or rented to the Insured, provided that where such liability has been accepted by agreement, indemnity will only be provided to the extent that such liability would have attached in the absence of the said agreement; C. in respect of which the Insured is required to effect insurance under the terms of clause of the JCT Conditions of Contract 1980 edition, or any revision or substitution thereof, or any clause of similar intent under any other conditions of contract. 7. Defective Work in respect of loss of or Damage to or the costs of recall, removal, repair, alteration, replacement or reinstatement of any Property which comprises the Contract Works caused or necessitated by the defective condition or unsuitability of any part of such Property. 8. Loss of or Damage to Underground Services in respect of Damage to any services located underground, unless prior to commencement of any work which involves digging, boring or excavation the Insured has: A. taken all reasonable measures to ascertain the location of all pipes, cables, mains or other underground services before any work is commenced which may involve risk of Damage to such pipes, cables, mains or other underground services including but not limited to i. use of any local utility or other free phone service for the area in which the Insured is working ii. use of any appropriate detection system B. retained a written record of the measures that were used to locate such pipes, cables, mains or other underground services C. conveyed the location of such pipes, cables, mains or other underground services to any party carrying out such work on behalf of the Insured and retained a record and adopted or caused to be adopted a method of work that minimises the risk of Damage to pipes, cables, mains or other underground services. 9. Work Offshore arising from or in connection with any work undertaken Offshore.

26 10. Heat Away From the Insured's Own Premises where the Insured is using any process which involves the application of heat, oxyacetylene, electric arc or similar welding cutting, grinding or other spark emitting equipment away from the Insured's own premises unless: A. the immediate area in which the operation is to be carried out has been segregated to the greatest practicable extent by the use of screens made of metal and/or fire retardant material; B. the whole of the segregated area has been adequately cleared and freed from combustible material before operations commence; C. combustible floors, substances in or surrounding the segregated area have been liberally covered with sand or protected by overlapping sheets of incombustible material before operations commence; D. where work is being carried out in any enclosed area an additional employee of the Insured or an employee of the occupier or of the main contractor is present at all times to guard against the outbreak of fire; E. specifically authorised and signed for by the occupier or the main contractor who must also approve the safety arrangements; F. the following are in readiness for immediate use at the scene of operations: i. suitable fire extinguishers by number and size for the scope of operations; and ii. where practicable, hoses connected up with the water supply turned on for immediate use and successfully tested prior to the commencement of the operations; G. a thorough examination has been made in the vicinity of the operations approximately one hour after the termination of each operation. In the Event that it is not practicable for such examination to be carried out by the Insured's own employee, then appropriate arrangements must be made with and signed off by the occupier; H. before burning off metal work built into or projecting through walls or partitions an examination has been made including the area on the other side of any walls or partitions to ensure that no combustible material is in danger of ignition either directly or by conducted heat; I. when the Insured burns debris away from their premises the following precautions are taken on each occasion: i. fires are in a cleared area and at a distance of at least 10 (ten) metres from any Property; ii. iii. iv. fires are attended at all times; suitable fire extinguishers by number and size are kept available at the scene of operations for immediate use; fires are extinguished at least one hour prior to leaving the contract site at the end of each working day. J. Where the use of heat away from the insured s premises involves oxyacetylene, electric arc or similar welding, cutting, grinding or other spark emitting equipment and the work is subcontracted; the insured shall require the subcontractor to comply with the precautions detailed in clauses A-I above of this exclusion. 11. Asphalt, Bitumen and Tar Heaters arising out of the ownership, possession or use of asphalt, bitumen and tar heaters unless: A. all heating of asphalt, bitumen, tar or pitch is carried out in a suitable vessel in the open at ground level using bottled gas; B. such vessel is attended at all times whilst being lit and whilst in use; C. a suitably sized spill tray is in use which can hold the entire contents of the vessel.