This Section applies only if stated as Insured in the Master Certificate to this Insurance Document
The insurance document should be kept in a safe place – you may need to refer to it if you have to make a claim.
Definitions
Insured
means
a)the person firm or company named in the Schedule to this Section
b)subsidiary companies of the Insured in existence at the date of inception of the insurance by this Section (other than subsidiaries incorporated or resident or located in the United States of America or Canada) notified to and accepted by the Insurers
c)subsidiary companies created or acquired after the date of inception provided that
i) the Insured shall have notified and the Insurers accepted the subsidiary
ii) the Insured has paid any additional premium required by the Insurers
iii) the insurance hereunder shall apply in respect of such named subsidiary only from the date of
acceptance by the Insurers
d)Employees, Directors and officers of the Insured and subsidiaries accepted by the Insurers
PROVIDED that all the categories above shall be deemed to have proposed the risks hereby insured and be bound by the terms hereof as a single entity
The Business
means that described in the Master Certificate and shall include
1.the provision and management of canteen social sports and welfare organisations for the benefit of Employees and first aid fire and ambulance services
2.the ownership repair and maintenance of the Insured’s own property
Limit of indemnity
Means the limit (inclusive of Costs and Expenses) applicable to the relevant Cover of this Section as specified in the Schedule and is the maximum amount payable by Insurers.
Injury
means death, illness, disease, physical injury, false arrest, false imprisonment or detention, false eviction, invasion of right of privacy and malicious prosecution
Damage to Property
means physical damage to or loss of or destruction of physical and tangible property
Goods
means any product or part thereof manufactured sold, supplied, repaired, serviced, altered, treated or processed by the Insured from or in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man in connection with the Business.
The term 'Goods' shall include labels and containers but shall not include food and drink supplied by or on behalf of the Insured as a staff benefit
Employee
means
a)any person employed by the Insured under a contract of service or apprenticeship and non-
executive Directors
b)labour masters and persons supplied by them
c)persons employed by labour only subcontractors
d)persons offering their services on a labour only basis
e)selfemployed persons
f)persons hired to or borrowed by the Insured
g)persons undertaking study or work experience or youth training scheme
The Cover
The Insurers will indemnify the Insured against legal liability to pay damages consequent upon
Cover A (Products Liability)
a)accidental Injury to any person
b)accidental Damage to Property
occurring during the Period of Insurance anywhere within the Territorial Limits elsewhere than at the Insured's premises and caused by Goods (other than liability arising in the United States of America or Canada or under any law thereof or established in any Court of Law or other competent tribunal within the United States of America or Canada)
Cover B (Public Liability)
a)accidental Injury to any person
b)accidental Damage to Property
occurring during the Period of Insurance anywhere within the Territorial Limits in connection with the Business of the Insured
Limit of Indemnity
The liability of the Insurers in respect of:
Cover A - for damages (including costs and expenses) in respect of all Injury or Damage to Property shall not exceed in the aggregate in any one Period of Insurance the amount specified in the Schedule to this Section as the Limit of Indemnity
Cover B - for all damages (including costs and expenses) payable in respect of any one claim or series of claims arising out of any one occurrence or all occurrences of a series consequent upon or attributable to one event source or original cause shall not exceed the amount specified in the Schedule to this Section as the Limit of Indemnity but otherwise shall be unlimited in the aggregate in respect of all claims occurring during any one Period of Insurance
Costsand Expenses
The Insurers will also indemnify the Insured against
i) all costs and expenses of litigation recovered by any claimant from the Insured
ii) all costs and expenses of litigation incurred with the written consent of the Insurers
iii) the solicitors fee for representation of the Insured at any coroners inquest or fatal accident enquiry or at any Court of Summary jurisdiction in respect of a claim for damages to which the indemnity expressed in this insurance applies
Territorial Limits
The Indemnity by this Section operates anywhere in the world except in respect of
a)any Business carried on by the Insured at or from any premises of the Insured
b)any liability arising out of manual work performed by or on behalf of the Insured
outside Great Britain, Northern Ireland, the Isle of Man or the Channel Islands
Special Exclusions to the Public and Products Liability Section
This Section does not cover
- liability for Injury to any Employee arising out of and in the course of employment by the Insured in the Business
- Damage to Property belonging to or occupied by the Insured or in the care custody or control of the Insured or any Employee or any Goods in the custody or control of the Insured (other than the personal effects of employees or visitors to the Insured's premises), or any claims arising in consequence of such loss or damage
3.liability
a)arising out of the ownership possession or use of any mechanically propelled vehicles when such vehicles are being used in circumstances which would require insurance or security to be effected by reason of any road traffic legislation or regulation
b)directly or indirectly caused by any ship vessel craft or aircraft or arising out of any work done therein or thereon
c)arising from design specification instructions or advice provided other than as part of the Insured's contract for the manufacture sale supply repair service alteration treatment or processing of the Goods
d)arising out of a breach of professional duty
e)for any award of punitive or exemplary damages whether as fines penalties multiplication of compensatory awards or damages or in any other form whatsoever
4.liability arising out of any Goods
a)which attaches by virtue of an agreement but which would not have attached in the absence of such agreement
b)which are incorporated into structure machinery or controls of any aircraft or mechanically propelled vehicle
c)which to the knowledge of the Insured is for use in the United States of America or Canada or any territory within their jurisdiction
5.liability caused by or contributed to or alleged to be caused by or contributed to in whole or in part directly or indirectly by;
i)the manufacture mining use or existence of or exposure to asbestos products fibres or dust
ii)any obligation to defend any claim or suit against the Insured alleging Injury or Damage to
Property resulting from the manufacture mining use or existence of or exposure to asbestos
products fibres or dust
6.any loss cost or expense incurred in replacing repairing reconditioning or modifying the Goods or any part thereof
7.any refund or repayment of the purchase price or any part thereof in respect of the Goods
- liability caused by or arising from any deliberate act or omission by or on behalf of any person claiming indemnity under this Section and which could reasonably have been expected of such person having regard to the nature and circumstances of such act or omission
9.liability for
(a)Damages, direct or consequential, on account of “bodily injury,” “property damage,” “personal or advertising injury,” or “medical payments” arising out of, resulting from, caused by, contributed to, or in any way related to any fungus of any kind whatsoever, including but not limited to mildew, mould, spore(s) or allergens; or
(b)Any costs or expenses associated, in any way, with the abatement, mitigation, remediation, containment, detoxification, neutralization, monitoring, removal, disposal, or any obligation to investigate or assess the presence or effects of any fungus of any kind whatsoever, including but not limited to mildew, mould, spore(s) or allergens; or
(c)Any obligation or duty to defend any actions on account of “bodily injury,” “property damage,” “personal or advertising injury,” or “medical payments” arising out of, resulting from, or in any way related to any fungus of any kind whatsoever, including but not limited to mildew, mould, spore(s) or allergens.
Irrespective of the cause of such fungus, mildew, mould, spore(s) or allergens, and whenever or wherever occurring.
For purposes of this exclusion, “bodily injury” shall include mental anguish, mental injury and/or emotional distress.
10.liability for injury, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any component building material that must be removed, encapsulated, or otherwise abated because its presence or release is a hazard to human health.
11.the amount of the Excess specified in the Schedule to this Section in respect of any claim for Damage to Property under this Section
Note: the Excess means the amount deducted from each and every loss or series of losses arising out of any one event or occurrence likely to give rise to a claim hereunder after the application of the terms and conditions contained herein or endorsed hereon
Special Extensions to the Public and Products Liability Section
Tenants Liability
Exclusion 2 shall not apply in the event of loss of or damage to premises or fixtures and fittings thereof leased or rented to the Insured PROVIDED that this Extension shall not apply to liability in respect of:
a)such loss or damage if the liability is assumed by the Insured under a tenancy or other agreement and would not have attached in the absence of such agreement
b) the amount of the Excess specified in the Schedule to this Section for loss or damage caused otherwise than by fire or explosion
Cross Liabilities
Where more than one party comprises the Insured each of the parties shall for the purpose of the insurance by this Section be considered as a separate and distinct unit and the words 'The Insured' shall be considered as applying to each party in the same manner as if a separate insurance had been issued to each of the said parties and the Insurers hereby agree to waive all rights of subrogation or action which the Insurers may have or acquire against any of the said parties arising out of any accident in respect of which a claim is made under this insurance
PROVIDED that nothing in this Extension shall be deemed to increase the limit of the Insurers' liability in respect of any one occurrence or series of occurrences as stated as the Limit of Indemnity in the Schedule
Principals
The Insurers will indemnify the Insured against liability in respect of Injury or Damage to Property as defined in this Section as follows;
To the extent that any contract or agreement entered into by the Insured with any Principal so requires the Insurers will
a)indemnify the Insured against liability assumed by the Insured
b)indemnify the Principal in a like manner to the Insured in respect of the liability of the Principal
arising out of the performance by the Insured of such contract or agreement PROVIDED that
i)the conduct and control of claims is vested in the Insurers
ii)the Principal shall observe fulfil and be subject to the terms exclusions and conditions and endorsements of this Section so far as they can apply
iii)the indemnity shall not apply to liability in respect of liquidated damages or under any penalty clause
iv)the indemnity granted under this Section shall not apply in respect of any expense liability loss claim or proceedings incurred by any Employer of the Insured by reason of Damage to Property for which the Insured is required to effect insurance on behalf of any Employer under the terms of Clause 21.2.1. (1980 Edition) of the Standard Form of Building Contract issued by the Joint Contracts Tribunal or any other contract condition incorporating a similar requirement
Where an indemnity is provided to any Principal the Insurers will treat each Principal and the Insured as though a separate insurance had been issued to each of them provided that nothing in this Extension shall increase the liability of the Insurers to pay any amount in respect of any one occurrence in excess of the amount stated as the Limit of Indemnity in the Schedule
Indemnity to Directors andEmployees
The term Insured shall include:
a)any director or Employee of the Insured while acting on behalf of or in the course of his or her employment or engagement by the Insured in respect of liability for which the Insured would have been entitled to indemnity hereunder if the claim against any such person had been made against the Insured
b)any officer member or Employee of the Insured's social sports or welfare organisation or fire first aid or ambulance service in his or her respective capacity as such
c)any director partner or senior official of the Insured in respect of private work carried out by any Employee of the Insured for such person with the consent of the Insured
d)in the event of the death of the Insured the personal representative of the Insured in respect of liability incurred by the Insured
PROVIDED that such person shall as though he or she were the Insured observe fulfil and be subject to the terms exclusions conditions and endorsements of this Section so far as they can apply
Health & Safety at Work Act etc and Corporate Manslaughter
The Insurers will indemnify the Insured and if the Insured so requires any Employee in respect of legal costs and expenses incurred in defending a prosecution brought under
i)Section 2 to 8 of the Health and Safety at Work Act etc 1974 or in the case of Northern Ireland the Health and Safety at Work (Northern Ireland) Order 1978 or any amendment thereto and other relevant legislation
ii)the Corporate Manslaughter and Corporate Homicide Act 2007
provided that the prosecution
a)relates to offence alleged to have been committed during the Period of Insurance and in the course of the Business
b) relates to matters affecting the health safety and welfare of Employees
The Insurers will also pay
1)costs and expenses of appeal including an appeal against improvement and prohibition notices
incurred with the Insurers’ consent
2)prosecution costs awarded against the Insured
The indemnity granted hereunder does not
i) provide for the payment of fines or penalties
ii) apply where there is indemnity provided by a legal expenses insurance document or any other insurance
iii) provide indemnity for proceedings consequent upon a deliberate act or omission by or of any person entitled
to indemnity under this extension if the result thereof could reasonably have been expected
iv) proceedings which arise out of any activity or risk excluded from this insurance
The Liability of Insurers in respect of all such legal costs and expenses shall not exceed the sum of £50,000 in respect of each and every occurrence of proceedings whether relating to one or more alleged offences
Compensation for Court Attendance
In the event of any Employee attending court as a witness at the request of the Insurers in connection with a claim in respect of which the Insured is entitled to indemnity under this Section the Insurers will provide compensation to the Insured at a rate of £100 per person per day for each day on which attendance is required
Defective Premises Act
In so far as the insurance by this Section indemnifies the Insured against liability at law for damages in respect of Injury or Damage to the Property of third parties the insurance shall apply to 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 or any amendment thereto in connection with premises which have been disposed of by the Insured
The Insurers shall not be liable under this Extension
a)in respect of such Injury or Damage happening prior to such disposal
b) for the cost of remedying any defect or alleged defect which results or if not remedied may result in Injury or Damage to Property as aforesaid
c)if the Insured is entitled to indemnity from any other source
Car Parks
It is understood and agreed that Special Exclusion 2 shall not apply in the event of loss of or damage to visitors and/or employees motor vehicles (and/or the contents of and/or accessories on such vehicles) whilst within any car park for which the Insured is responsible PROVIDED that
a)such vehicle (and/or contents and/or accessories) is not lent or hired to the Insured
b)if any charge be made for the parking of vehicles a ticket bearing a disclaimer of liability shall be issued to every person paying such charge
c)this Extension shall not apply to loss or damage due to the driving of any vehicle by any Employee of the Insured
Contingent Motor Liability (Non-Owned Vehicles)
Notwithstanding the provisions of Special Exclusion 3(a) of this Section, the Insurers will indemnify the Insured under this Section in respect of legal liability for Bodily Injury and loss of or damage to Property arising out of the use of any motor vehicle, which is neither the property of nor provided by the Insured, being used in connection with the Business
However, this indemnity shall not apply in respect of:
1.loss of or damage to any such vehicle
- Bodily Injury or loss of or damage to Property while such vehicle is being driven by the Insured
- Bodily Injury or loss of or damage to Property while such vehicle is being driven with the general
consent of the Insured or of his representative by any person who, to the knowledge of the Insured or such representative, does not hold a licence to drive such vehicle unless such person has held and is not disqualified from holding or obtaining such a licence
- liability arising from circumstances in which it is compulsory for the Insured to insure or provide security
in respect of such vehicle as a requirement of relevant road traffic legislation
- a vehicle being used outside the Territorial Limits
For the purposes of this Extension the Insured shall be as defined in Definition (a) only