Liability Policy The document of Insurance

Transcription

1 Liability Policy The document of Insurance

2 Contents Description of Contents Page Customer Information 2 Introduction - The Basis of Cover 4 Definitions 5 Section 1 Employers Liability 7 Section 2 Public Liability 7 Extensions to Section 2 Public Liability 8 Exclusions to Section 2 Public Liability 10 Section 3 Products Liability 11 Exclusions to Section 3 Products Liability 11 General Exclusions attaching to this Policy 12 General Conditions attaching to this Policy 15 Endorsements 17 1

3 Customer Information Thank you for arranging your liability Insurance with us. This Policy Booklet and the attached Schedule details the insurance provided including the covers selected and the levels of indemnity applicable in relation to the Business Description detailed on the Schedule. Important Notice It is important that you carefully examine the Policy Booklet and Schedule in its entirety to ensure it meets with your particular needs. If any of the information is incorrect please advise your Insurance Broker immediately. It is imperative that you advise your Broker of any changes in material facts since failure to do so may invalidate your Policy or result in certain covers not operating fully. If you are in doubt as to whether a fact is material or not please contact your Insurance Brokers. Data Protection RSA Insurance Ireland Ltd is committed to protecting your privacy. Please read the following carefully as it contains important information relating to the details that you have given us and so you understand how RSA Insurance Ireland Ltd may process personal information that we may obtain about you.you should show this notice to any other party related to this insurance. RSA Insurance Ireland Ltd is classified as a "Data Controller" under Irish Data Protection legislation.as a Data Controller we are required to explain how we may use your details and information you provide to us as part of a policy application or claim notification. We may need to collect sensitive data relating to you (such as convictions) in order to process your application or claim.the information you provide will be used by us to process your application and we may record and cross reference particulars of any claims in industry databases that allow us to detect and prevent fraudulent applications and claims. [The savings that we make help us to keep premiums and products competitive]. Calls may be recorded for quality assurance or verification purposes. All personal information supplied by you will be treated in confidence by the RSA Group and will not be disclosed to any third parties except where your consent has been received or where permitted by law. In order to provide you with products and services this information will be held in the data systems of the RSA Group or our agents or subcontractors. The RSA Group may pass your personal data to other companies for processing on its behalf. Some of these companies may be based outside the EEA, but in all cases the RSA Group will ensure that your personal data is kept securely and only used for the purposes for which you provided it. Details of the companies and countries involved can be provided to you on request. Insurance Industry Databases We subscribe to the Insurance Link database and may subscribe to other industry databases for fraud prevention purposes. Under the conditions of your policy, you must tell us about any incident which may or may not give rise to a claim.when you tell us about an incident, we may pass information relating to it to the Insurance Link and other industry databases. We may request information about you and your claims history and / or share information we hold about you and your claims history with other insurance companies directly, their agents and with any other intermediary acting for you. Fraud Prevention, Detection & Claims History In order to prevent and detect fraud we may at any time: Share information about you with companies in the Royal & Sun Alliance group of companies ("RSA Group"), other organisations outside the RSA Group including where applicable private 2

4 investigators and public bodies including an Garda Siochana; Check and / or file your details with fraud prevention agencies and databases, and if you give us false or inaccurate information and we suspect fraud, we will record this. We and other organisations may also search these agencies and databases to: o Help make decisions about the provision and administration of insurance, credit and related services for you and members of your household; o Trace debtors or beneficiaries, recover debt, prevent fraud and to manage your accounts or insurance policies; o Check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity; o Undertake credit searches and additional fraud searches. We can supply on request further details of the databases we access or contribute to. Access to your Personal Data On payment of a small fee you are entitled to receive a copy of the information we hold about you. If you have any questions, or you would like to find out more about this notice you can write to the Data Protection Officer, RSA Insurance Ireland Limited, RSA House, Dundrum Town Centre, Sandyford Road, Dublin 16. Consent By providing us with your information you consent to all of your information being used, processed, disclosed and retained as set out above. Customer Complaints Procedure We are anxious to provide the highest quality of customer service at all times.we are eager therefore to learn about any aspect of our service or products not meeting customer expectations. If you have a complaint in connection with company service, the details of your policy or treatment of a claim please contact your insurance broker or contact our Customer Service Manager; RSA Insurance Ireland Limited, RSA House, Dundrum Town Centre, Sandyford Road, Dundrum, Dublin 16. Tel: Outside Ireland Tel: In the event of the issue not being resolved you may contact: The Insurance Information Service of the Irish Insurance Federation, 39 Molesworth St., Dublin 2. Tel: Financial Services Ombudsman s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Tel: or Contract Law The parties to a contract of insurance covering a risk situated in the Republic of Ireland, are permitted to choose the law applicable to the contract.this insurance contract will be governed by Irish Law. Mid Term Alterations - Minimum Premium Should any change to the cover agreed by the Insurer result in an additional or return premium under 25 no charge or rebate will apply in respect of such sum. 3

5 Liosban Business Park, Tuam Road, Galway. Telephone : Facsimile : Introduction - The Basis of Cover RSA Insurance Ireland Limited t/a RSA Insurance (hereinafter called the Company) and the Assured agree that This Policy the Schedule attaching (including any Schedule issued in substitution) and any Endorsements 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 Proposal or any information supplied by the Assured shall be incorporated in the contract The Company will provide the insurance described in this Policy subject to the terms exclusions and conditions for the Period of Insurance shown in the Schedule and any subsequent period for which the Assured shall pay and the Company shall agree to accept the premium All monies which become payable by the Company under this policy shall in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland All amounts in this Policy are in Euro unless specifically stated to the contrary Stamp Duty has been paid or will be paid in accordance with the provisions of Section 113 of the Finance Act 1990 Provided that this Policy shall not be in force unless it has been initialled by an authorised official of the Company Initialled : Phillip Smith Chief Executive Officer RSA Insurance, a registered business name of RSA insurance Ireland Ltd 4

6 Definitions used in this policy The following words have the same meaning wherever they appear in the policy or schedule Asbestos Asbestos shall mean crocidolite amosite chrysotile fibrous actinolite fibrous anthophyllite or fibrous tremolite or any mixture containing any of these materials Asbestos Dust Asbestos Dust shall mean fibres or particles of Asbestos Asbestos Containing Materials Asbestos Containing Materials shall mean any material containing Asbestos or Asbestos Dust Assured includes a) at the request of the Assured as if a separate Policy had been issued to each: i) any Director Partner or Employee of the Assured in respect of liability for which the Assured would have been entitled to claim under this Insurance if the claim had been made against the Assured ii) any Officer or member of the Assured s Canteen Social Sports and Welfare Organisations or First Aid Fire or Ambulance Services (other than a qualified medical practitioner) in their respective capacities as such iii) Any Director Partner or Senior Official of the Assured in respect of Private work undertaken by the Assured s Employees for such Director Partner or Senior Official provided such work is undertaken with the prior consent of the Assured b) in the event of the death of the Assured any personal representative of the Assured in respect of liability incurred by the Assured Provided always that the Assured shall have arranged with such person(s) for the conduct and control of all claims to be vested with the Company and that such persons as though they were the Assured observe fulfil and be subject to the Terms and Conditions of this Insurance insofar as they can apply Bodily Injury means death bodily injury illness or disease Business means as described under the Business Description in the Schedule and a) the provision and management of Canteen Social Sports and Welfare Organisations for the benefit of the Assured s Employees Fire Ambulance Services and First Aid Services (other than by a qualified medical practitioner) b) private work undertaken with the prior consent of the Assured by Employees for any Director Partner or Senior Official of the Assured c) ownership repair and maintenance of property used by the Assured in connection with the Business provided that all activities are conducted at or from premises owned or occupied by Assured within the Republic of Ireland but including contracts carried out by the Assured in Northern Ireland however this is subject to the Assureds Business being registered and based in the Republic of Ireland Contract Works means all works executed in the course of execution or thereafter by the Assured in the performance of any contract including materials for incorporation therein all plant tools equipment temporary works temporary buildings or any other Property on or adjacent to the site for the purposes of the execution of the works 5

7 Employee means any a) person under a contract of service or apprenticeship with the Assured b) person hired to or borrowed by the Assured under a contract or agreement stipulating that such person shall be deemed to be employed by the Assured for the period of such contract or agreement c) labour master or labour only subcontractor or any person supplied or employed by them d) self employed persons e) persons under a work experience training scheme whilst working for the Assured under the Assureds direction or control in connection with the Business Excess means the amount or amounts specified in the Schedule for which the Assured is responsible in respect of each and every claim Occurrence means a series of occurrences arising out of one original cause however many claims may arise therefrom Offshore means from embarkation on to a vessel or aircraft for conveyance to an Offshore rig or platform until disembarkation from the conveyance on to land upon return from such Offshore rig or platform Period of Insurance means the period of time covered by this insurance and shown as the Period of Insurance in the Schedule Principal means any Person Company Firm or Public Authority with whom the Assured has entered into a contract for work or services Where an indemnity is provided to any Principal the Company will treat each Principal and the Assured as though a separate policy had been issued to each of them provided that nothing in this clause shall increase the Liability of the Company to pay an amount in respect of any one Occurrence in excess of the Limit(s) of Indemnity Product means any goods or products designed manufactured constructed installed altered repaired serviced processed treated sold leased supplied or distributed by or on behalf of the Assured Property means material property but shall not include Data Data shall mean information represented or stored electronically including but not limited to code or series of instructions operating systems software programs and firmware The Schedule means the document which shows details of the Assured the Policy Number the Business Description the Premium and the Sections applicable including the estimated wages turnover and other payments It will also state endorsements and variations in the terms of the Insurance and may be replaced by an amended schedule where there is a change in any detail of the insurance and a renewal schedule for any subsequent period of insurance Vehicle means any mechanically propelled Vehicle or trailer attached thereto whilst on any road within the meaning of the Road Traffic Acts or other Road Traffic Legislation 6

8 Section 1 Employers Liability The insurance provided by Section 1 is on a cost inclusive basis whereby the cost and expenses of the claimant and the costs and expenses (incurred by the Company or with the Company s written consent) of the Assured are included within the Limit of Indemnity stated in the Schedule The Company will provide indemnity to the Assured 1. against legal liability for any damages in respect of Bodily Injury of any Employee within the Territorial Limits caused during any Period of Insurance and arising out of and in the course of employment by the Assured in the Business 2. against legal liability for claimant s costs and expenses in connection with 1. above 3. in respect of : a) costs of legal representation at i) any coroner s inquest or inquiry in respect of any death ii) proceedings in any court arising out of any alleged breach of statutory duty resulting in Injury which may be the subject of indemnity under this Section b) all other costs and expenses in relation to any matter which may form the subject of a claim for indemnity under 1 above incurred with the Company s written consent Provided that in respect of any one Occurrence 1. the total amount payable under this Section including all Extensions and Endorsements shall not exceed the Limit of Indemnity as stated in the Schedule 2. the Company may at its absolute discretion and at any time pay the Limit of Indemnity (less any sums already paid or incurred) or any lesser amount for which the claims arising out of such Occurrence can be settled the Company will then relinquish control of such claims and be under no further liability in respect thereof 3. the Excess in respect of damages and claimants costs and expenses will be payable before the Company shall be liable to make any payment Section 2 Public Liability The Company will provide indemnity to the Assured 1. up to the Limit of Indemnity against legal liability for damages in respect of a) accidental Bodily Injury of any person b) accidental loss of or damage to Property c) obstruction trespass nuisance or interference with any right of way air light or other easement happening during any Period of Insurance in connection with the Business and occurring within the Territorial Limits 2. against legal liability for claimant s costs and expenses in connection with 1. above 3. in respect of a) costs of legal representation at i) any coroner s inquest or inquiry in respect of any death 7

9 ii) proceedings in any court arising out of any alleged breach of statutory duty resulting in any event specified in 1 above which may be the subject of indemnity under this Section b) all other costs and expenses in relation to any matter which may form the subject of a claim for indemnity under 1 above incurred with the Company s written consent Provided that in respect of A) any one Occurrence B) all incidents considered to have occurred during any Period of Insurance in respect of pollution or contamination of buildings or other structures or of water or land or of the atmosphere the following shall apply 1. the total amount payable by the Company in respect of 1 above including all Extensions and Endorsements shall not exceed the Limit of Indemnity as stated in the Schedule 2. the Excess stated in the Schedule in respect of damages and claimant s costs and expenses will be payable before the Company shall be liable to make any payment 3. the Company may at its absolute discretion and at any time pay the Limit of Indemnity (less any sums already paid as damages) or any lesser amount for which the claims arising out of such Occurrence can be settled The Company will then relinquish control of such claims and be under no further liability in respect thereof except for costs and expenses for which the Company may be responsible prior to the date of such payment 4. where the Company is liable to indemnify more than one person the total amount of indemnity shall not exceed the Limit of Indemnity shown in the Schedule Extensions to Section 2 Public Liability Safety Health and Welfare at Work Act - Legal Defence Costs The Company will provide indemnity to the Assured and if the Assured so requests any Employee or director or partner of the Assured up to the Limit of Indemnity shown on the Schedule 1. for legal costs and other expenses incurred with the Company s written consent 2. in connection with the defence of criminal proceedings brought or in appeal against a conviction arising from such proceedings relating to an offence alleged to have been committed during any Period of Insurance in the course of the Business but only in respect of proceedings brought for a breach of the Safety Health and Welfare at Work Act 2005 provided that in respect of this endorsement 1. the indemnity will not apply a) to fines or penalties of any kind b) to compensation ordered or awarded by any court of criminal jurisdiction c) where bodily injury of any person or loss of or damage to property has occurred d) where indemnity is provided by any other insurance e) to prosecutions which relate to the health safety or welfare of any Employee unless Section 1 is operative at the time the offence was committed 8

10 f) to proceedings consequent upon any deliberate act or omission by i) the Assured ii) any partner or director of the Assured iii) any employee with any specific responsibility for compliance with the legislation specified in this extension which could reasonably have been expected to constitute a breach of legislation specified in this Extension 2. the Company may at any time pay the Limit of Indemnity (less any sums already paid) or any lesser amount for which at the absolute discretion of the Company the claims arising can be settled but including any amount for which the Company may be responsible prior to the date of such payment the Company will then relinquish control of such claims and be under no further liability in respect thereof 3. where the Company is liable to indemnify more than one person the total amount of indemnity shall not exceed the Limit of Indemnity shown on the Schedule Wrongful Arrest The indemnity provided will indemnify the Assured against legal liability for damages and claimants costs and expenses in respect of claims made against the Assured and notified to the Company during any period of insurance by any customer of the Assured in respect of any alleged false imprisonment libel slander or malicious prosecution as a direct result of any incident involving suspicion of theft or false pretences and arising out of normal business contact between an employee of the Assured and a customer The liability of the Company arising out of all claims notified during any period of insurance including all costs and expenses incurred with the Company s written consent shall not exceed the Limit of Indemnity shown below The indemnity provided by this extension is limited to 50,000 any one period of Insurance Cross Liabilities If the Assured comprises more than one party the Company will provide indemnity to each in the same manner and to the same extent as if a separate policy had been issued to each Provided that the total liability of the Company shall not exceed the Limit of Indemnity shown in the Schedule Contingent Motor Liability Notwithstanding Exclusion c)1. under Section 2 Public Liability the Company will indemnify the Assured in respect of liability arising from any vehicle or trailer attached thereto being used in connection with the Business within the Republic of Ireland which is not owned loaned leased hired or borrowed by the Assured The indemnity will not apply to legal liability arising 1. in respect of damage to the vehicle or trailer or goods carried in or on the vehicle or trailer 2. while the vehicle is being driven by any Employee who does not hold a licence to drive the vehicle 3. where indemnity is provided under any other insurance The indemnity provided by this extension is limited to 50,000 Any One Occurrence Joint Assureds It is hereby noted and agreed that Local Authorities and/or Public Bodies and/or Health Boards are noted as joint assured under Section 2 - Public Liability in relation to any contract undertaken by the Assured on their behalf but solely in respect of the negligence of the Assured and provided that the total liability of the Company shall not exceed the Limit of Indemnity shown in the Schedule 9

11 Exclusions to Section 2 Public Liability The Company shall not be liable for a) Bodily Injury to any Employee of the Assured arising out of and in the course of their employment by the Assured b) loss of or damage to any Property which at the time of the Occurrence giving rise to such legal liability is owned by or held in trust by or in the custody of the Assured other than i) Employees directors or visitors personal effects including vehicles and their contents ii) premises and their contents not owned by or leased or rented to the Assured at which the Assured is undertaking work in connection with the Business iii) premises and their fixtures and fittings leased or rented to the Assured however no indemnity shall be provided for legal liability that (a) has been accepted by agreement however an indemnity will be provided where (and only to the extent that) such liability would have attached in the absence of such agreement (b) arises from an agreement to maintain in force insurance in respect of loss of or damage to such premises and their fixtures and fittings c) injury or damage caused by the ownership possession or use by or on behalf of the Assured of any 1. Mechanically Propelled Vehicle other than legal liability arising out of i) the use of plant as a tool of trade ] Except where indemnity ii) the use of plant at the premises of the Assured ] is provided by any motor iii) the loading or unloading of any Mechanically Propelled Vehicle ] insurance contract or where iv) the ownership possession or use of a semi-trailer or trailer ] insurance or security is required (whether coupled or uncoupled to any vehicle) ] by law 2. aircraft aerial device aerospatial device hovercraft waterborne craft or offshore structure d) claims caused by or arising out of pollution or contamination of buildings or other structures or of water or land or the atmosphere unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific moment in time and place during any Period of Insurance Provided that all pollution or contamination which arises out of one incident shall be considered for the purpose of this Policy to have occurred at the time such incident takes place e) liability arising (after they have ceased to be in possession or under the control of the Assured) out of any goods or products designed manufactured constructed installed altered repaired serviced processed treated sold leased supplied or distributed by or on behalf of the Assured f) claims arising from advice design specification professional or other treatment prescribed or given for a fee g) liability due to delay or time penalty in any contract or for injury loss or damage to or interference with amenities which is intentional or necessarily incidental to the carrying out of the work h) i) loss of or damage to the Contract Works ii) loss of or damage to or the cost of removing reinstating replacing or rectifying any Product supplied or Contract Works executed under a separate contract previously completed by the Assured 10

12 Section 3 Products Liability The Company will provide indemnity to the Assured 1. up to the Limit of Indemnity against legal liability for damages in respect of a) accidental Bodily Injury of any person b) accidental loss of or damage to Property happening during the Period of Insurance in connection with the Business of the Assured carried on by the Assured anywhere in the world and due to the supply of any Product from the Republic of Ireland 2. against legal liability for claimant s costs and expenses in connection with 1. above 3. in respect of a) costs of legal representation at i) any coroner s inquest or inquiry in respect of any death ii) proceedings in any court arising out of any alleged breach of statutory duty resulting in any occurrence specified in 1 above which may be the subject of indemnity under this Section b) all other costs and expenses in relation to any matter which may form the subject of a claim for indemnity under 1 above incurred with the Company s written consent Provided that in respect of all Occurrences happening during any Period of Insurance in respect of products supplied the following shall apply 1. the total amount payable by the Company in respect of 1 above including all Extensions and Endorsements shall not exceed the Limit of Indemnity as stated in the Schedule 2. the Excess stated in the Schedule in respect of damages and claimant s costs and expenses will be payable before the Company shall be liable to make any payment 3. the Company may at its absolute discretion and at any time pay the Limit of Indemnity (less any sums already paid as damages) or any lesser amount for which the claims arising out of such Occurrence can be settled The Company will then relinquish control of such claims and be under no further liability in respect thereof except for costs and expenses for which the Company may be responsible prior to the date of such payment 4. where the Company is liable to indemnify more than one person the total amount of indemnity shall not exceed the Limit of Indemnity shown on the Schedule Exclusions to Section 3 Products Liability The Company shall not be liable for a) the cost incurred in removing repairing rectifying replacing or re-applying i) any Product ii) any Contract Works executed under a separate contract previously completed by the Assured b) claims incurred in the recall of any Product or part thereof c) liquidated damages penalty clauses or performance warranties d) loss or damage arising from the failure of any Product to fulfil its intended function 11

13 e) injury disease loss or damage caused by any Product used in or in connection with hovercraft waterborne craft aircraft other aerial devices aerospatial devices or on any Offshore structure f) any claim arising from circumstances known to the Assured prior to the Inception Date of this Insurance g) injury disease loss or damage arising from any Product while such Product remains in the possession or under the control of the Assured h) claims caused by or arising out of pollution or contamination of buildings or other structures or of water or land or the atmosphere unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific moment in time and place during any Period of Insurance Provided that all pollution or contamination which arises out of one incident shall be considered for the purpose of this Policy to have occurred at the time such incident takes place i) any claim arising from advice design specification professional or other treatment prescribed or given for a fee j) any claim arising from Products sent to the United States of America and/or Canada k) any work of manufacture construction installation alteration repair servicing processing treatment or distribution carried out Offshore by the Assured l) any claim arising for third party property damage occurring 12 months after completing the work from which the damage has allegedly arisen m) liability due to delay or time penalty in any Contract or for injury loss of or damage to or interference with amenities which is intentional or necessarily incidental to the carrying out of the work n) claims arising from i) the repair servicing or maintenance of any motor vehicle ii) the sale or supply of spare parts component units accessories or other goods for motor vehicles iii) the sale or supply of motor vehicles iv) any work carried out on new or used motor vehicles prior to sale or supply including the pre-delivery check of new motor vehicles General Exclusions attaching to this Insurance These Exclusions apply to the whole policy The indemnity provided by this insurance shall not apply to nor include 1) any liability of whatsoever nature directly or indirectly caused by contributed to by or arising from: a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel b) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 2) any liability in respect of any judgement award or settlement made within Countries which operate under the laws of the United States of America or Canada (or to any order made anywhere in the world to enforce such judgement award or settlement either in whole or in part) and it is agreed 12

14 between the Company and the Assured that no premium has been paid for such cover 3) any liability as required to be insured by the relevant Sections of the Road Traffic Acts or their equivalent in respect of Requirements in respect of Policies of Insurance relating to compulsory Insurance This Exclusion shall apply whether or not the Assured is exempt from the Requirements of Third Party Insurance or Security or has in force a Security in accordance with the relevant Section of the Road Traffic Act or has made a Deposit with the Accountant General of the Supreme Court 4) any liability of whatsoever nature arising out of the use of flame or welding or cutting by heat away from the Assured s own premises other than hot air torches and hand held solders 5) construction of or any work in or on petrochemical or gas works airports aerodromes aircraft watercraft chemical works oil refineries fuel depots power stations collieries mines or Offshore 6) the Excess being the sum stated in The Schedule for which the Assured is responsible in respect of each and every Occurrence 7) any liability of whatsoever nature arising out of a) any work of demolition unless the Assured s occupation is shown as Building Contractor in the Policy Schedule attaching to this Policy and such work of demolition forms part of a contract undertaken by the Assured for rebuilding alteration maintenance or repair b) piledriving quarrying sand or gravel getting or the use of explosives c) excavations below 3 metres in depth d) sub aqua work or water diversion e) the construction alteration or repair of towers steeples chimney shafts blast furnaces viaducts bridges docks tunnels dams canals piers or wharves 8) any liability of whatsoever nature arising out of the use of woodworking machinery driven by steam gas water electricity or other mechanical power The expression woodworking machinery includes pendulum and swing saws but not other portable tools applied to the work by hand 9) any liability attaching by virtue of a contract or agreement and which would not have attached in the absence of such contract or agreement except in so far as the Policy provides an Indemnity to Principals 10) 11) 12) the cost of repairing replacing or reinstating defective work but this exclusion shall not apply to accidental Bodily Injury or accidental damage to Property arising as a consequence of such defective workmanship any liability of whatsoever nature arising out of a) the explosion of any steam boiler or steam pressure vessel b) work on railways tramways and or cable cars c) nuclear risks d) carriage of gas air under pressure or explosives (including fire works and ammunition) e) erection repair or alteration of any external aerials or satellite dishes any loss damage cost expense or legal liability of whatsoever nature directly or indirectly caused by resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss a) war invasion acts of foreign enemies hostilities or warlike operations (whether war be 13

15 declared or not) civil war mutiny rebellion insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power b) any Act of Terrorism For the purpose of this endorsement an Act of Terrorism means an act including but not limited to the use of force or violence or the threat thereof of any person or group of persons whether acting alone or on behalf of or in connection with any organisation or government committed for political religious ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public in fear This endorsement also excludes loss damage cost or expense of whatsoever nature directly or indirectly caused by or resulting from or in connection with any action taken in controlling preventing suppressing or in any way relating to (i) and/or (ii) above If the Company allege that by reason of this exclusion any loss damage cost expense or legal liability is not covered by this Policy the burden of proving the contrary shall be upon the Assured In the event any portion of this exclusion is found to be invalid or unenforceable the remainder shall remain in full force and effect 13) any loss damage cost expense or legal liability regardless of any contributory causes directly or indirectly arising out of biological or chemical contamination due to any Act of Terrorism For the purposes of this endorsement an Act of Terrorism means an act including but not limited to the use of force or violence and/or the threat thereof of any person or group of persons whether acting alone or on behalf of or in connection with any organisation or government committed for political religious ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public in fear For the purpose of this endorsement contamination means the contamination poisoning or prevention and/or limitation of the use of objects due to the effects of chemical and/or biological substances If the Company allege that by reason of this exclusion any loss damage cost expense or legal liability is not covered by this Policy the burden of proving the contrary shall be upon the Assured 14) any claims of whatsoever nature arising wholly or in part due to Electro Magnetic Fields 15) any loss damage cost expense or legal liability a) for bodily injury death disease or illness or fear of suffering bodily injury death disease or illness arising out of actual or suspected exposure to Asbestos Asbestos Dust or Asbestos Containing Materials b) for accidental loss of or damage to Property arising out of actual or suspected exposure to Asbestos Asbestos Dust or Asbestos Containing Materials c) for the costs of management removal repair alteration recall replacement or reinstatement of any property or part thereof arising out of the presence of Asbestos Asbestos Dust or Asbestos Containing Materials d) in respect of silicosis asbestosis mesothelioma and/or pneumoconiosis 16) any liability arising for a) fines or penalties b) compensation ordered or awarded by a court of Criminal Jurisdiction c) aggravated exemplary or punitive damages awarded by any court outside the Republic of Ireland 14

16 17) any claim arising from bullying harassment (sexual or otherwise) unfair dismissal by the Assured and/or his servants or agents 18) any claim arising from nervous shock mental anguish or illness stress or other psychological condition unless the condition complained of is accompanied by and arises directly from a physical bodily injury General Conditions attaching to this Insurance All conditions are precedent to indemnity under this insurance 1. Indemnity to Principals Where liability as herein defined attaches to any Principal of the Assured the indemnity under this Insurance shall be wholly dependent upon the said Principal being subject to the Terms Exclusions and Conditions thereof and shall exclude liability which arises other than by reason of the negligence of the Assured or an Employee of the Assured 2. Declaration Condition If any part of the Premium or Renewal Premium is based on estimates provided by the Assured the Assured shall keep an accurate record containing all relevant particulars and shall allow the Company to inspect such records The Assured shall within one month after the expiry of each Period of Insurance provide such information as the Company may require and the Premium or Renewal Premium shall thereupon be adjusted and the difference paid by the Assured The Premiums are Minimum and Deposit 3. Claims Procedure In the event of any Occurrence which may give rise to a claim under this Policy: a) the Assured shall i) give immediate notice in writing (with full particulars of the Occurrence) to the Company ii) notify the Company in writing immediately he/she/they have knowledge of any impending prosecution inquest or fatal injury in connection with any occurrence for which there may be liability under this Policy iii) forward to the Company immediately on receipt every written notice or information as to any verbal notice of claim and any communication whatsoever relating to the occurrence iv) give all such information and assistance as the Company may require b) the Assured shall NOT negotiate admit liability or make any promise payment or settlement without the Company s written consent c) the Company shall be entitled to take over and conduct in the name of the Assured the defence of any claim and to prosecute in the Assured s name for the Companys benefit any claim for indemnity or damage or otherwise against any Third Party and shall have full discretion in the conduct of any negotiations proceedings and the settlement of any claim The Claims procedure shall apply notwithstanding any sums to be borne by the Assured as an Excess 4. Other Insurance This insurance does not apply in respect of any loss or damage which at the time such loss or damage arises is insured by or would but for the existence of this policy be insured by any other policy or policies 5. Fraudulent Claims If the Assured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise this Insurance shall become void and all claims hereunder shall be forfeited 6. Cancellation Clause Cancellation by the Company - The Company may cancel this insurance by sending 7 days written notice 15

17 by registered post to the Assured at the Assured s last known address In such event the Assured shall be entitled to a refund of a proportionate part of the premium subject always to any minimum premium stated in the Schedule Cancellation by the Assured - The Assured may cancel this insurance by advising the Company via their broker in writing and a refund of premium may be given at the Company s discretion but subject to: a) No claim having arisen and there being no claim pending during the current period of Insurance b) The Policy not being cancelled in the first year of Insurance 7. Reasonable Precautions The Assured must take all reasonable precautions to prevent Bodily Injury loss or damage and to maintain all vehicles premises plant equipment and everything used in the Business in proper repair and to comply with all statutory obligations and regulations The Assured must immediately make good or remedy any defect or danger which becomes apparent or take such additional precautions as the circumstances may require 8. Proposal and Declaration The written Proposal and/or Declaration made by the Assured or on the Assured s behalf shall be the basis of this Insurance and is deemed to be incorporated herein 9. Statement of Fact Where the Company has agreed to issue a Statement of Fact and the information shown therein is as advised by the Assured or advised on the Assured s behalf then the Statement of Fact shall be the basis of this Insurance and is deemed to be incorporated herein 10. Non-Disclosure This Insurance will be voidable if there has been misrepresentation misdescription or non-disclosure of any material fact 11. Alteration of Risk The Assured must give the Company as soon as practicable notice in writing of any alteration which materially affects this Insurance 12. Territorial Limits The Territorial Limits under this policy are a) anywhere in the Republic of Ireland and Northern Ireland b) elsewhere in the world in respect of non-manual work undertaken by the Assured and/or the Assured s employees ordinarily resident in the Republic of Ireland 13. Arbitration Any dispute between the Assured and the Company on the Company s liability in respect of a claim or the amount to be paid shall in default of agreement be referred within twelve months of the dispute arising to an Arbitrator appointed jointly by the Assured and the Company in agreement or failing agreement appointed by the President for the time being of the Incorporated Law Society of Ireland and the decision of such Arbitrator shall be final and binding on both parties If the dispute has not been referred to arbitration within the aforesaid twelve month period then it shall be deemed to have been abandoned and not recoverable thereafter 14. Condition Precedent Observance of the terms of this Policy relating to anything to be done or complied with by the Assured is a condition precedent to any liability of the Company to indemnify the Assured under this Policy 16

18 15. Jurisdiction Condition Under the relevant European and Republic of Ireland legal provisions the parties to this contract of insurance are free to choose the law applicable to this contract This contract is governed by the law of the Republic of Ireland 16. Safety Statement That the Assured shall have a safety statement the contents of which is in accordance with the requirements of Section 20 of the Health and Safety at Work Act Underground Services That the Assured shall take all reasonable steps to ascertain the position of all pipes cables and other underground services including the inspection of plans of all services and in particular plans held by any local or public utility 18. Subrogation Any claimant under this Policy shall at the request and at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitled or subrogated upon its paying for or making good any loss destruction or damage under this Policy whether such acts and things shall be or become necessary or required before or after the claimant s indemnification by the Company Endorsements Each of these Endorsements will only apply if shown as operative in the Current Policy Schedule Endorsement L3 This Section does not indemnify the Assured in respect of any claim arising in connection with Bodily Injury to any working or non-working Director of the Assured Endorsement L11 This Section does not indemnify the Assured in respect of any claim arising in connection with tree-felling or lopping Endorsement L22 Notwithstanding anything herein contained to the contrary the Limit of Indemnity in respect of loss of or damage to Property occurring during any one Period of Insurance due to subsidence collapse vibration or removal or weakening of support or any liability (other than liability for Bodily Injury) arising in consequence of such loss or damage shall be reduced to the amount shown on The Schedule under Removal or Weakening of Support Limit of Indemnity Endorsement L23 Notwithstanding anything contained herein to the contrary the Limit of Indemnity in respect of loss of or damage to tangible property occurring during any one Period of Insurance due to fire and/or explosion or any liability (other than liability for Bodily Injury) arising in consequence of such loss or damage shall be reduced to the amount shown on the Schedule under Fire and Explosion Limit of Indemnity 17

19 Endorsement L26 This Section does not indemnify the Assured in respect of any claim arising in connection with the installation repair or maintenance of any gas system or gas works of any kind Endorsement L27 It is hereby warranted that the Assured shall a) obtain documentary evidence of the location of underground pipes cables mains or other services prior to the commencement of excavation work (ESB and Eircom operate an e mail service where site maps can be sent to them for their advices of services provided in these areas. E mail addresses are centralsiterequests@esb.ie and pdbureau@eircom.ie respectively) b) adopt or cause to be adopted a method of work that minimises the risk of damage to such services Endorsement L30 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that this Insurance excludes any liability arising from the felting lathing slating or tiling of roofs the measuring of roofs for slates tiles and/or felt and/or any ancillary work in connection with roofing Endorsement L31 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that it is a warranty of this Insurance that all open excavations are adequately fenced off when not being worked on and are fenced off with reflective strips at night Endorsement L32 Notwithstanding anything contained herein and to the contrary it is hereby declared and agreed that this Insurance excludes all liability arising from road resurfacing or kerbing work except where such work of resurfacing or kerbing is done solely to restore paving kerbing or tarmac following excavation work carried out by the Assured Endorsement L36 Notwithstanding anything contained herein to the contrary it is declared and agreed that this Insurance indemnifies the Assured in his role as Project Supervisor (for construction work only) in respect of acts of negligence for which he is legally liable It is subject to the Assured also acting as Principal Contractor when undertaking this role The Company however shall not be liable for any liability arising out of the co-ordination or management of health and safety aspects of design or specification Endorsement L37 Notwithstanding anything contained herein to the contrary it is declared and agreed that the Company shall not be liable for :- a) the cost incurred in the reinstatement of any computer data or other computer systems records b) any expenses in connection with the production of information to be recorded in computer systems records c) the value to the owner of the information contained in the computer systems records d) consequential loss or damage of any kind or description arising out of the loss or damage to computer data/computer systems records 18

20 Endorsement L39 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that it is a Warranty of this Insurance that in relation to the use of any high pressure water jetting equipment the following shall apply:- a) all manufacturers recommended practices are complied with; b) any person required to operate or maintain high pressure water jetting equipment shall have been properly trained and shall have demonstrated the ability and knowledge required to operate or maintain such equipment; c) no work is to be undertaken on roofs Endorsement L40 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that the business description under this Insurance shall only include a) roofing work where this is part of the overall contract for building work; and/or b) roofing work for a specific roofing contract but only where the contract price shall not exceed 2,500 and such work shall involve minor roofing repairs only Notwithstanding this the Aggregate of the Contract Prices for the above mentioned roofing work shall not exceed in the Period of Insurance 5% of the Assured s Total Annual Turnover Endorsement L41 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that the Assured must ensure that adequate guards are fitted to all machines and that all such guards shall be maintained in good order throughout the currency of this Insurance and that they are in full and effective operation at all times Endorsement L42 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that this Insurance excludes all liability of whatsoever nature arising in connection with the use of Bona-Fide Sub Contractors by the Assured Bona-Fide Sub Contractors meaning sub-contractors who provide labour and have their own Public and Employers Liability Insurances in force We require that the Assured check that all Bona Fide Sub Contractors have adequate insurances and that copies of same are kept on file Endorsement L43 Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that it is a Warranty of this Insurance that Personal Protective Equipment (PPE) must be supplied and the use of it enforced by the Assured in accordance with the Health & Safety and Welfare at Work Act 2005 Endorsement L44 Notwithstanding anything contained herein to the contrary it is hereby noted and agreed that the Assured has declared the use of Bona Fide Subcontractors Bona Fide Subcontractors being sub-contractors who provide labour in the performance of their contract and have their own Public and Employers Liability Insurances in force It is warranted that prior to any contract commencing the Assured will check that all such Insurances for Bona Fide Subcontractors are adequate and in force 19