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Introduction

Thank You for choosing Norwich Union Insurance as Your insurer. This is Your eTradesman policy, setting out Your insurance protection
in detail. Please read it carefully to make sure that it meets Your requirements and that the details on the policy Schedule are correct.
Your premium has been based upon the information shown in the policy Schedule and recorded in Your statement of fact.
If after reading Your policy You have any questions, please contact Your insurance adviser.

Making a Claim

To report a claim please telephone the claims notification helpline on 0500 11 44 77.
A team of professionally trained Incident managers will provide every assistance to ensure minimum inconvenience to you and your
business.

Important

When you call please ensure you quote the reference 24235447CHC and also have your eTradesman's policy number to
hand along with full details of the incident.

Your Cancellation rights

If you are an individual/sole trader (including a partnership in England and Wales) buying a policy which provides cover for you in both a
private and business capacity, you have the right to cancel your policy during a period of 14 days either from the day of purchase of the
contract or the day on which you receive your policy documentation, which ever is the later.

If you wish to do so and the insurance cover has not yet commenced, you will be entitled to a full refund of the premium paid.

Alternatively, if you wish to do so and if the insurance cover has already commenced, you will be entitled to a refund of the premium paid, subject to a deduction for the time for which you have been covered, calculated as a proportion of the time for which the insurance would have provided cover and for any cost incurred by us in issuing the policy.

To exercise your right to cancel your policy, please contact eTradesman Insurance, 3rd Floor, Frobisher House, Nelson Gate,
Commercial Road, Southampton, SO15 1GX (telephone 0870 756 7837)

If you do not exercise your right to cancel your policy, it will continue in force for the term of the policy and you will be required to pay the full premium as stated.

Alternatively, if you are not an individual/sole trader (including a partnership in England and Wales) there are no cancellation rights under
this policy.

The Contract of Insurance

Your policy is a contract between Us, Norwich Union Insurance and You, the Policyholder. The statement of fact and declaration which You have accepted will be the basis of the contract. In return for You having paid or agreed to pay the premium, We will indemnify You by payment or, at Our option, by reinstatement or repair in respect of loss, destruction, damage, accident or injury occurring during the Period of Insurance, subject to the terms and exceptions contained in or endorsed on the policy. On behalf of Norwich Union Insurance.

Simon Machell
Chief Executive, Norwich Union Insurance

IMPORTANT This policy is a legal contract. You must tell Us about any facts or changes which affect Your insurance and which have
occurred either since the policy started or since the last renewal date. If You are not sure whether certain facts are relevant please ask
Your insurance adviser or local Norwich Union Insurance office. If You do not tell Us about relevant changes, Your policy may not be valid
or the policy may not cover You fully. You should keep a written record (including copies of letters) of any information You give Us, or
Your insurance adviser when You renew this policy.

Underwritten By:
Aviva Insurance Limited (Trading as Norwich Union)
Registered in Scotland No. 2116. Registered office: Pitheavlis, Perth, Scotland, Ph3 0NH
A member of the Aviva group. Authorised & Regulated by the Financial Services Authority.

Our Service to You

Our goal is to give excellent service to all Our customers but We recognise that things do go wrong occasionally. We take all complaints We receive seriously and aim to resolve all of Our customers' problems promptly. To ensure that We provide the kind of service You expect We welcome Your feedback. We will record and analyse Your comments to make sure We continually improve the service We offer.

What will happen if You complain?

(1) Your complaint will be acknowledged within 2 working days of receipt.
(2) We aim to resolve complaints within 5 working days.
(3) Once an assessment and full investigation of Your concerns has been made, We will respond with a decision. Most of Our customers' concerns can be resolved quickly but occasionally more detailed enquires are needed. If this is likely, We will contact You with an update and give You an expected date of response. This will not be beyond 20 working days from when You first made Your complaint If You remain unhappy with the decision You receive from the local branch You may write to the Chief Executive. If You are dissatisfied with Our final decision, You can refer the matter to the Financial Ombudsman Service (FOS).

The FOS will only consider Your complaint if You have given Us the opportunity to resolve it and You are a business with a group turnover of less than £1 million, a charity with an annual income of less than £1 million or a Trustee of a trust with a net asset value of less than £1 million. If, however, We do not resolve Your complaint within 40 working days, the FOS will accept a direct referral. Please follow the steps below.

Whilst We are bound by the decision of the FOS, You are not. Following the complaint procedure does not affect Your right to take legal
action.

What should I do?

The steps You should take if dissatisfied

Step 1 Seek resolution by Your insurance adviser or usual Norwich Union point of contact.
If You are disappointed with any aspect of the handling of Your insurance We would encourage You, in the first instance, to contact the manager concerned. You can write or telephone, whichever suits You, and ask Your contact to review the problem.

Step 2 Refer Your complaint to Our Chief Executive.
If You remain unhappy with the decision You receive, please write with full details including Policy number and/or claim number, to: The Chief Executive Norwich Union Insurance Surrey Street Norwich NR1 3NS. A review of the matter will then be carried out at a senior level and a final decision given.

Step 3 Refer Your complaint to the Financial Ombudsman Service.
If after making a complaint to Us You are still unhappy and You feel the matter has not been resolved to Your satisfaction please contact the FOS at: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR

The Financial Services Compensation Scheme

We are covered by the Financial Services Compensation Scheme ("FSCS"). You may be entitled to compensation from the scheme if We cannot meet Our obligations. This depends on the type of business and the circumstances of the claim. For compulsory classes of insurance, You are covered for 100% of the claim, without any upper limit. For other classes of insurance, You are covered for 100% of the first £2,000 of a claim and 90% of the remainder of the claim. There is no upper limit in either case.

Further information about compensation scheme arrangements is available from the FSCS.

Choice of Law

The appropriate law as set out below will apply unless You and Us agree otherwise:
(1) The law applying to that part of the United Kingdom, Channel Islands or the Isle of Man in which you normally live or (if applicable) the first named policyholder lives; or
(2) In the case of a business, the law applying to that part of the United Kingdom, Channel Islands or the Isle of Man where it has its principal place of business; or
(3) Should neither of the above be applicable, the law of England and Wales will apply.

Policy Definitions

Each time We use one of the words or phrases listed below, it will have the same meaning wherever it appears in Your policy unless We state otherwise. A defined word or phrase will start with a capital letter each time it appears in the policy except for headings and titles.

Each Section of the policy contains definitions.They must be read in conjunction with the following Policy Definitions.

Computer and Electronic Equipment

All computers, computer installations and systems, microchips, integrated circuits, microprocessors, embedded systems, hardware, and any electronic equipment, data processing equipment, information repository, telecommunication equipment, computer controlled or programmed machinery, equipment capable of processing data and/or similar devices, whether physically or remotely connected thereto.

Cyber Vandal

The person or persons, whether identified or not, responsible for, or involved with, creating a Virus or Similar Mechanism or a Denial of Service Attack, unauthorised access to or use of Computer and Electronic Equipment.

Data

All information which is:
(1) electronically stored, or
(2) electronically represented, or
(3) contained on any current and back-up disks, tapes or other materials or devices used for the storage of data, including but not limited to operating systems, records, programs, software or firmware, code or series of instructions.

Data Storage Materials

Any materials or devices used for the storage or representation of Data including but not limited to disks, tapes, CD-ROMs, DVDs, memory sticks, memory cards or other materials or devices which may or may not also constitute Computer and Electronic Equipment.

Denial of Service Attack

Any actions or instructions with the ability to damage, interfere with, or otherwise affect the availability of Computer and Electronic Equipment or Data, including but not limited to the generation of excess traffic into network addresses, the exploitation of system or network weaknesses, and the generation of excess or non genuine traffic within, between or amongst networks.

Employee

Any person who is
(1) under a contract of service or apprenticeship with You
(2) borrowed by or hired to You
(3) a labour master or supplied by a labour master
(4) employed by labour only sub-contractors
(5) self employed
(6) under a work experience or training scheme
(7) a voluntary helper while working under Your control inconnection with The Business.
(8) an outworker or homeworker when engaged in work on Your behalf

Endorsement/Endorsements

An alteration to the terms of the policy.

Excess/Excesses

The amount or amounts shown in Your policy or The Schedule which You must bear for each and every event and You will reimburse any such amount paid by Us.

Failure

Any partial or complete reduction in the

  1. performance, or
  2. availability, or
  3. functionality, or
  4. the ability to recognise or process any date or time, of any
    1. Computer and Electronic Equipment,
    2. electronic means of communication,
    3. web site.

Loss of Data

Physical or electronic or other loss or destruction or alteration or loss of use, whether permanent or temporary, of or damage to Data, of whatsoever nature, in whole or in part, including, but not limited to, Loss of Data resulting from loss or damage to Computers and Electronic Equipment or Data Storage Materials, including while stored on Data Storage Materials.

Malicious Contingency

  1. riot, civil commotion, strikers, locked out workers or persons taking part in labour disturbances.
  2. malicious persons other than thieves and Cyber Vandals.

Money

Current

  1. coin, bank and currency notes
  2. postal and money orders, bankers drafts,cheques and giro cheques
  3. crossed warrants, bills of exchange and securities for money
  4. postage, revenue, national insurance and holiday with pay stamps
  5. national insurance and holiday with pay cards,national savings certificates, war bonds,premium savings bonds and franking machine impressions
  6. credit company sales vouchers, luncheon vouchers and trading stamps
  7. VAT invoices.

Period of Insurance

From the effective date until the expiry date shown in The Schedule or, as the case may be, any subsequent period for which We accept payment for renewal of this policy.

Property Insured

Property Insured as detailed in The Schedule.

Specified Contingency

The Business

Activities directly connected with the statement of fact and specified in The Schedule.

The Premises

The Premises as stated in the statement The Schedule.

The Schedule

The document which specifies details Premises, Property Insured and any Excesses, Conditions applying to the policy.

Virus or Similar Mechanism

Program code, programming instruction or any set of instructions with the ability to damage, interfere with, or otherwise adversely affect Computer and Electronic Equipment or Data, whether involving self-replication or not, including, but not limited to trojan horses, worms and logic bombs.

We/Us/Our/NU/Norwich Union Insurance

Aviva Insurance Limited.

You/Your/Policyholder

The person , companies, partnerships or s unincorporated associations named in The Schedule as The Policyholder.

Asset Protection

Property Damage Section All Risks

Definitions

(Also refer to the Policy Definitions at the front ofthis booklet).
The following definitions apply to this Section and shall keep the same meaning wherever they appear in the Section.

Damage

Accidental loss, destruction or damage.

Defined Contingency

  1. fire
  2. lightning or earthquake
  3. explosion
  4. aircraft
  5. riot, civil commotion, strikers, locked out workers or persons taking part in labourdisturbances
  6. malicious persons other than thieves
  7. storm or flood
  8. escape of water from any tank, apparatus or pipe
  9. falling trees or radio/TV aerials
  10. impact
  11. leakage of fuel
  12. theft or attempted theft.

Property Damage Excess

The amount (or amounts) shown in The Schedule which We will deduct from each and every claim at each separate premises.

Cover

We will indemnify You in respect of Damage to the Property Insured at The Premises occurring during the Period of Insurance.

Exceptions

(Also refer to the Policy Exceptions at the back of this booklet).

    We will not indemnify You in respect of
  1. Damage caused by or consisting of
    1. an existing or hidden defect in the property
    2. gradual deterioration or wear and tear
    3. frost or change in the water table level
    4. faulty design of the Property Insured or faulty materials used in its construction
    5. faulty workmanship, operating error oromission by You or any Employee
    6. the bursting of
      1. a boiler
      2. other equipment where the internal pressure is due to steam only and belongs to You or is under Your control. However, We will indemnify You in respect of any subsequent Damage which results from a cause not otherwise excluded
  2. Damage caused by or consisting of
      1. corrosion, rust or rot
      2. shrinkage, evaporation or loss of weight
      3. dampness or dryness
      4. scratching
      5. vermin or insects
    2. change in
      1. temperature
      2. colour
      3. flavour
      4. texture or finish
      1. nipple or joint leakage or failure of welds
      2. cracking, fracturing, collapse or overheating of a boiler, vessel,machine or apparatus in which internal pressure is due to steam only and any associated piping
    4. mechanical or electrical breakdown of the Property Insured
      However, We will indemnify You in respect of
      1. Damage not otherwise excluded which itself results from a Defined Contingency or any other accidental cause
      2. any subsequent Damage which itself results from a cause not otherwise excluded
  3. Damage caused by pollution or contamination.
    However, We will indemnify You in respect of Damage, not otherwise excluded, to the Property Insured caused by
    1. pollution or contamination which results from a Defined Contingency
    2. a Defined Contingency which results from pollution or contamination
  4. Damage caused by or consisting of
    1. acts of fraud or dishonesty
      1. disappearance
      2. unexplained or inventory shortage
      3. misfiling, misplacing of information or clerical error
  5. Damage by fire to the Property Insured resulting from its undergoing any process involving the application of heat.
  6. Damage to the Property Insured resulting from its undergoing any process of
    1. production or packaging
    2. treatment, testing or commissioning
    3. servicing or repair.
    However, We will indemnify You in respectof this Damage if it is caused by fire orexplosion.
  7. Damage to
    1. china, earthenware, marble or other fragile objects (not including stock in trade)
    2. a structure caused by its own collapse or cracking.
    However, We will indemnify You in respect of this Damage if it results from a Defined Contingency and is not otherwise excluded.
  8. Damage to
    1. property in the course of construction including materials for use in the construction
    2. livestock
    3. growing crops or trees
    4. vehicles licensed for road use including accessories on or attached to them
    5. caravans or trailers
    6. railway locomotives or rolling stock
    7. watercraft or aircraft
    8. land, roads or pavements, piers, jetties,bridges, culverts or excavations
  9. Damage caused by theft or attempted theft
    1. not involving entry into or exit from buildings by forcible or violent means
    2. by any person lawfully in The Premises
    3. where You or Your partners, directors or Employees or any member of Your household is involved
    4. from any building or part of any building not capable of being locked.
    5. from the open or from any yard,compound, garden or car park
  10. Damage to moveable property in the open by
    1. wind
    2. rain, hail, sleet or snow
    3. flood
    4. dust
  11. Damage to property more specifically insured
  12. the Property Damage Excess
  13. consequential loss or damage of any kind

Clauses

  1. Automatic Reinstatement of Sum Insured


    The Sums Insured stated in the Schedule will not be reduced by the amount of any claim unless We or You give notice to the
    contrary.
    You must pay the additional premium required to reinstate the Sums Insured.

  3. Basis of Claim Settlement


    1. If Property Insured other than Contractors Tools, Stock, Employees'pedal cycles or personal belongings is destroyed We will pay for its rebuilding or replacement by similar property in a condition as good as, but not better than or more extensive than, its condition when new.
      If such property is only partially destroyed, We will pay for replacement or repair of the damaged portion to a condition as good as, but not better or more extensive than, its condition when new. However, We will not pay more than We would have done if the property had been completely destroyed.
    2. The property may be replaced on another site and in a manner suitable to Your needs, but this must not increase Our Liability.
    3. All work must begin and be carried out as quickly as possible.
    4. We will not pay under this clause
      1. until You have incurred the cost of replacing or repairing the property
      2. if You, or someone acting on Your behalf have insured the property under another policy which does not have a similar basis of reinstatement
      3. if You do not comply with any of the terms of this clause.

  4. All Other Contents


    This term includes
    1. documents, manuscripts and business books
    2. computer systems records
    3. patterns, models, moulds, plans and designs but only for
      1. the value of the materials
      2. the cost of labour and computer time spent in reproducing them.
        We will not pay for
        • expenses in connection with producing information to be recorded
        • the value to You of any information lost.
    4. Employee's pedal cycles and other personal belongings but only if they are not otherwise insured.
      The maximum We will pay for any one Employee's property is £500.
    5. visitor's personal belongings
      The maximum that We will pay for any one visitor's property is £500.
    6. trade samples and goods in trust held at The Premises
      The maximum We will pay is £500.

  5. Debris Removal

    The Sum Insured for each item, except on Stock, includes costs and expenses You incur, with Our consent, for
    1. removal of debris
    2. dismantling or demolishing
    3. shoring up or propping
      of the parts of the property which have suffered Damage insured under this Section.
      We will not indemnify You in respect of costs and expenses
      • incurred in removing debris from anywhere other than the site of the Damage and the area adjacent to it
      • arising from pollution or contamination of property not insured under this Section
      • more specifically insured.

  6. Limit of Liability

    The maximum We will pay under this Section will not exceed the Sums Insured stated in The Schedule.

  7. Temporary Removal

    We will indemnify You in respect of Damage as Insured under this Section to the Property Insured, while temporarily removed
    elsewhere or in transit anywhere in Europe and for up to 30 days in each Period on Insurance anywhere in the world.
    We will not indemnify You in respect of Damage caused
    1. by theft or attempted theft from any unattended vehicle where
      1. all doors and windows have not been locked
        and
      2. the vehicle is not garaged in a locked building or locked and secured in a fully enclosed yard or compound when left overnight
    2. to property in any soft topped, open topped or open sided vehicle by storm or malicious persons or theft or attempted theft.

  8. Damage Arising From Personal Use of Property Insured

    We will indemnify You in respect of Damage to Property Insured in the event that such Damage occurred whilst not in connection with
    The Business provided that the Property Insured had been purchased for business purposes

Endorsements and Conditions

This Section is subject to any Endorsements or Conditions which are stated in The Schedule as applying.
(Also refer to the Policy Conditions at the back of this booklet).
If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.

Money and Assault Section

Definitions

(Also refer to the Policy Definitions at the front of this booklet).
The following definitions apply to this Section and shall keep the same meaning wherever they appear in the Section.

Bodily Injury

Bodily Injury by violent and visible means which,directly and independently of any other cause,results in death or disablement.

Business Hours

Your normal working hours and any other period during which You or any Employee entrusted with Money is on the Premises in connection with the Business.

Insured Person

You or Your directors, principals or Employees aged between 16 and 65.

Loss of Limb

  1. severance at or above the wrist or ankle or
  2. total and permanent loss of use of a hand,arm, foot or leg.

Cover

Money

We will indemnify You in respect of
  1. loss of Money occurring during the Period of Insurance, which
    1. belongs to You
      or
    2. You are responsible for
      in connection with The Business up to the Limit Any One Loss set against each item in the Specification below
  2. loss or damage occurring during the Period of Insurance to
    1. any case, bag or waistcoat used for carrying Money following theft or attempted theft
    2. clothing and personal effects belonging to You, Your principals or any Employee up to a limit of £500 per person following theft or attempted theft away from The Premises.

Specification

Item 1

Limit Any One Loss

Stamped National Insurance Cards,crossed cheques, crossed giro cheques, crossed money orders,crossed postal orders, crossed bankers' drafts, crossed warrants, national savings certificates, premium savings bonds, franking machine impressions, credit company sales vouchers and VAT invoices

 £250,000

Item 2

Money other than described in Item 1
(a) in transit or in a bank night safe until removed by a bank official £1,000
(b) on The Premises whilst You or any Employee is working there £1,000
(c) at Your home or the home of any Employee or principal £500
(d) contained in a locked safe on The Premises outside Business Hours £1,000

Our liability will not exceed the limits shown in the Specification.

Exceptions

(Also refer to the Policy Exceptions at the back of this booklet)
We will not indemnify You in respect of

  1. shortages due to clerical or accounting errors
  2. loss due to the dishonesty of Your principals or any Employee
    1. not discovered within 7 working days of the loss
    2. where a more specific insurance is in force, except for any amount in excess of that insurance
  3. loss of Money from unattended vehicles
  4. loss or damage outside Great Britain,Northern Ireland, the Republic of Ireland, the Channel Islands and the Isle of Man.

Cover

Assault

We will pay compensation to You for Bodily Injury to an Insured Person caused by theft or attempted theft, which happens in the course
of The Business and results in any of the following contingencies

  1. death
  2. total and permanent loss of sight in one or both eyes
  3. loss of one or more limbs
  4. any other total and permanent disablement which, after 24 months of the occurrence, prevents the Insured Person from pursuing any occupation
  5. total disablement which, within 24 months of Bodily Injury, prevents the Insured Person from pursuing their normal occupation
  6. partial disablement which, within 24 months of Bodily Injury, prevents the Insured Person from pursuing a substantial part of their normal occupation.

Clauses

  1. Amounts Payable

    1. We will pay
      1. weekly compensation at 4 weekly intervals
      2. compensation under contingencies (5)and (6) for a maximum of 2 years from the date that the disablement started
    2. weekly compensation being paid for the same injury will end if We pay compensation under any of contingencies (1)-(4)
    3. insurance will end for the Insured Person if We pay compensation under any of contingencies (1)-(4)
    4. We will pay the following compensation
      Contingency Number Compensation
      1. £10,000
      2. £10,000
      3. £10,000
      4. £10,000
      5. £100 per week
      6. £50 per week

  2. Medical Evidence

    1. We may require
      1. an Insured Person to undergo medical examination or
      2. a post mortem to be carried out at Our expense.
    2. You, or Your legal representative will supply to Us, at Your expense, any
      1. certificate
      2. information
      3. evidence
      in the format We require.

Endorsements and Conditions

This Section is subject to any Endorsements or Conditions which are stated in the Schedule as applying.
(Also refer to the Policy Conditions at the back of this booklet).
If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim

  1. Records and Key Security
    1. You shall keep a complete record of Money in a different secure place to where Money is kept
    2. When The Premises are not occupied by You or an authorised Employee you must keep the keys in a secure place away from the safe.

Contract Works Section

Definitions

(Also refer to the Policy Definitions at the front of this booklet).
The following definitions apply to this Section and shall keep the same meaning wherever they appear in this Section.

>Contract

Any contract or agreement, entered into by You to carry out work in the course of The Business.

Contract Site

The site of any Contract undertaken by You within the Territorial Limits.

DamagePhysical loss, destruction or damage.

Existing Structures

Any property (including fixtures, fittings and contents) which, prior to the commencement of any Contract, forms part of any structure.

Maintenance Period

The period indicated in the conditions of the Contract, but not exceeding 12 months, during which You are responsible for rectifying defects.

Practical Completion

Works which are

  1. completed or
  2. complete except for the prospective buyer's or tenant's choice of decorations or final fitments.

Property Insured

Works, Your Plant and Hired in Plant which You own or are responsible for as stated in the Schedule.

Works

  1. Temporary or permanent works completed or to be completed as part of any Contract
    and/or
  2. Materials for incorporation whilst on or adjacent to the Contract Site and in transit to or from the Contract Site other than by sea or air.

Your Plant

Plant, scaffolding, site huts and temporary buildings owned by You while anywhere within theTerritorial Limits and including transit other than by sea or air.

Hired in Plant

Plant, scaffolding, site huts and temporary buildings hired in by You for use in connection with any Contract while anywhere within the Territorial Limits including transit other than by sea or air.

Territorial Limits

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

Cover

We will indemnify You in respect of Damage to the Property Insured during the Period of Insurance and within the Territorial Limits.

Clauses

  1. Our Liability

    The maximum that We will pay in respect of any one loss is for

    (a) Works The limit of indemnity stated in the Schedule at the time of Damage.
    (b) Your Plant The limit of indemnity stated in the Schedule at the time of Damage.
    (c) Hired in Plant The limit of indemnity stated in the Schedule at the time of Damage.

  2. Automatic Reinstatement of the Limit of Indemnity

    The limit of indemnity stated in the Schedule will not be reduced by the amount of any claim unless We or You give notice to the contrary.
    You must pay the additional premium required to reinstate the limits of indemnity.

  3. Additional Interests

    We will, to the extent required by the conditions of the Contract, include the interest as joint insured of any

    1. employer
      or
    2. contractor.

  4. Professional Fees

    We will indemnify You in respect of professional fees necessarily incurred in reinstating, repairing or replacing the Works following Damage.
    We will not provide indemnity in respect of fees

    1. more specifically insured
    2. incurred in preparing a claim

  5. Debris Removal

    We will indemnify You in respect of the costs and expenses that You incur, with Our consent, for

    1. removing debris
    2. dismantling or demolishing
    3. shoring up or propping
    4. clearing or repairing drains or service mains following Damage to Property Insured.
    The maximum that We will pay in respect of any one loss is 25% of the estimated contract price.
    We will not provide indemnity in respect of costs and expenses
    1. incurred in removing debris from anywhere other than the site of theDamage and the area adjacent to it
    2. arising from pollution or contamination of property not insured under this Section
    3. more specifically insured.

  6. Free Issue Materials

    The Works will include any free issue materials for incorporation into the Contract which are:

    1. issued free to You by or on behalf of Your employer
      and
    2. for which You are responsible under conditions of the Contract.

  7. European Union and Public Authorities Clause

    Following Damage to Works, We will pay the additional cost of reinstating the property insured necessary to comply with any

    1. (a) European Union Legislation.
    2. Act of Parliament.
    3. Bye-Laws of any Public Authority.
      We will not provide indemnity in respect of
      1. costs incurred
        • in respect of Damage not insured by this Section.
        • where notice was served on You before the Damage occurred.
        • where an existing requirement must be completed within a stipulated period.
        • in respect of property or parts of the property, other than foundations(unless foundations are specifically excluded) which have not suffered Damage.
      2. any charge or assessment arising from capital appreciation following compliance with this legislation. The reinstatement, repair or replacement
        • must begin and be carried out as quickly as possible.
        • may be carried out on another site if necessary provided this does not increase Our liability.
    If Our liability under this Section is reduced by the application of any terms of this Policy, Our liability under this Clause will be similarly reduced.
    The maximum We will pay under this Clause in respect of any one contract is the limit of indemnity.

  8. Speculative Building

    We will indemnify You in respect of Damage to any private dwelling You have erected on a speculative basis.
    This indemnity will cease on

    1. the date You sell, lease or rent the property
      or
    2. 90 days from Practical Completion whichever is the earlier.

  9. Continuing Hire Charges

    We will indemnify You in respect of Your legal liability to pay continuing hire charges as a result of Damage to any item of Hired in Plant insured under this Section.

  10. Settlement

    We may at Our option repair, reinstate or replace any Property which has suffered Damage or pay the amount of Damage in money. We shall not be responsible for the cost of any alterations, additions,improvements or overhauls carried out on the occasion of a repair.

Exceptions

(Also refer to the Policy Exceptions at the back of this booklet).
We will not provide indemnity in respect of:

  1. Damage to any part of the permanent works
    1. for which a certificate of completion has been issued
      or
    2. which has been completed and handed over to your employer
      or
    3. taken into use
      unless the Damage occurs:
      1. during the Maintenance Period but caused before the beginning of the Maintenance Period or
      2. while You are carrying out Your obligations under the Maintenance Period or
      3. within 14 days of the issue of a certificate of completion but only to the extent You are responsible under the conditions of the contract
  2. Damage as a result of
    1. gradual deterioration or wear and tear.
    2. rust or mildew.
    3. pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
    4. confiscation, nationalisation or requisition or destruction by or under the order of any government or public authority.
  3. repair to or replacement of any item of Your Plant or Hired in Plant caused by its own mechanical or electrical breakdown, failure, breakage or derangement other than in respect of Hired in Plant and for which You are responsible under the terms of a hire agreement not being a leasing or hire purchase agreement.
  4. Damage to
    1. existing Structures.
    2. any mechanically propelled vehicle including any trailer attached licensed for road use and for which a certificate of motor insurance is required, other than a vehicle used solely as a tool of trade.
    3. any aircraft or waterborne vessel.
    4. property for which You are relieved of responsibility by the conditions of the Contract.
  5. Damage
    1. by disappearance or shortage discovered only when an inventory is taken
      or
    2. which is not traceable to an event
  6. Damage caused by pollution or contamination other than that of or to the Property Insured.
  7. liquidated damages, fines or any other penalties under contract for delay or non-completion.
  8. consequential loss or damage of any kind.
  9. the cost of normal upkeep or making good.
  10. Damage to and the cost necessary to reinstate or repair
    1. Property Insured which is in a defective condition due to a defect in
      1. design, plan or specification
      2. materials
      3. workmanship
        of or any part of that Property Insured
    2. other Property Insured to enable the reinstatement or repair of Property Insured excluded by (a) above

    This Exception will not apply to other Property Insured which is not defective but is damaged as a result thereof.
    Property Insured will not be considered as having suffered Damage solely by virtue of the existence of any defect in design,plan,specification, materials or workmanship in,or in any part of, that Property Insured.

  11. the Excess/Excesses.

Endorsements and Conditions

This Section is subject to any Endorsements and Conditions which are stated in The Schedule as applying to this Section.
(Also refer to the Policy Conditions at the back of this booklet).
If in relation to any claim You fail to fulfil any of the following conditions You will lose your right to indemnity or payment for that claim

Terrorism Section

Definitions

(Also refer to the Policy Definitions at the front of the booklet).
The following definitions apply to this Section and shall keep the same meaning wherever they appear in the Section, unless an alternative definition is stated to apply.

Act of Terrorism

Act of persons acting on behalf of or in connection with any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty's government in the United Kingdom or any other government de jure or de facto.

Denial of Service Attack

Any actions or instruction constructed or generated with the ability to damage, interfere with or otherwise affect the availability of networks, network services, network connectivity or information systems.

Excess/Excesses

The amount or amounts shown in Your policy or The Schedule which We shall deduct from each and every claim at each separate location.
You will repay any such amount paid by us.

Hacking

Unauthorised access to any computer or other equipment, component, system or item which processes, stores or retrieves data whether the property of You or not.

Head/Heads of Cover

Any of the following types of direct insurance cover:

  1. Buildings and completed structures
  2. Other property insured hereunder
  3. Business Interruption
  4. Book Debts

Private Individual

Any person other than

  1. A company, association or partnership
  2. A trustee or body of trustees where insurance is arranged under the terms of a trust
  3. A person who owns Residential Property for the purpose of their business as a sole trader
  4. A person who owns Residential Property of which in excess of 20 per cent of the property is commercially occupied.
    Note:
    1. where the Residential Property is occupied by a trustee or a sole trader as a private residence and where the property is not a block of flats, each will be deemed to be a Private Individual in respect of that same property; and
    2. where two or more persons have arranged insurance on Residential Property in their several names and/or the name of the Policyholder includes the name of a bank or a building society or other financial institution for the purpose of noting their interest in the property insured, they will be deemed to be a Private Individual in respect of that property.

Residential Property

  1. Private dwelling houses and flats.
  2. Household goods and personal effects.

Treasury

The Lords Commissioners of Her Majesty's Treasury from time to time or any successor relevant authority.

Virus or Similar Mechanism

Program, code, programming instruction or any set of instructions intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data, files or operations whether involving self-replication or not.
This includes but is not limited to trojan horses, worms and logic bombs.

Cover

We will indemnify You in respect of all losses arising under any Head of Cover resulting from loss or destruction of or damage to property insured under this policy directly caused by an Act of Terrorism occurring during the Period of Insurance at The Premises but only in England, Wales and Scotland but not the territorial seas adjacent thereto as defined by the Territorial Sea Act 1987 nor the Isle of Man or the Channel Islands.

The maximum We will pay under this Section in any one Period of Insurance will not exceed the limit of liability or Sum Insured for each of the Heads of Cover specified in the Section of this Policy where the Head of Cover is otherwise insured.

Exceptions

The following exceptions apply to this Section.

  1. We will not indemnify You in respect of any losses arising under any Head of Cover directly or indirectly caused by or contributed to, by or arising from or occasioned by or resulting from
    1. damage to any computer or other equipment, component, system or item which processes, stores, transmits or receives data or any part thereof whether tangible or intangible (including but without limitation any information, programs or software) and whether Your property or not where such damage is caused by Virus or Similar Mechanism, Hacking or Denial of Service Attack.
    2. riot, civil commotion, war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
  2. We will not indemnify You in respect of losses arising under any Head of Cover as a result of loss or destruction of or damage to Residential Property insured in the name of a Private Individual.

Conditions

The following conditions apply to this Section.
(Also refer to the Policy Conditions at the back of this policy booklet)

  1. The insurance provided by this Section is subject to all the Definitions, Conditions, Clauses, Endorsements and Conditions Precedent of the Sections of this Policy where the Head of Cover is otherwise insured together with the Policy Definitions, Conditions Precedent and Policy Conditions except
    1. any which provide for adjustments of premium
    2. any aggregate limit on the amount borne by You as a result of the operation of an Excess
    3. any provision for the automatic reinstatement of sums insured
    4. any Long Term Undertaking.
      and providing that if there is conflict between this Section and the rest of the Policy, this Section shall prevail.
  2. We will not indemnify You under this Section unless and until
    1. The Treasury issues a certificate certifying that any loss was caused by an Act of Terrorism, as defined in this Section or in the event of the Treasury refusing to issue such a certificate
    2. a tribunal formed by agreement between Us and Pool Reinsurance Company Limited decides that the cause of such loss was an Act of Terrorism, as defined in this Section.
  3. We may cancel the cover provided by this Terrorism Section
    1. By sending You 30 days written notice to Your last known address. We will refund a proportionate part of any premium paid for the unexpired period.
      or
    2. Immediately if the premium has not been paid or if there has been a default under an instalment or linked credit agreement. We will not refund any instalment paid.
  4. In any action or suit or proceedings where we allege that any loss is not covered by this Section the burden of proving that such loss is covered shall be upon You.

Conditions Precedent

It is a Condition Precedent to Our liability that

  1. You must declare to Us all property and/or premises owned by You or for which You are responsible including all such property and/or premises of subsidiary companies unless it is the practice of any subsidiary company to effect its own insurance
  2. You must purchase Terrorism insurance from a Pool Reinsurance Company Limited member company in respect of all such property and/or premises.

Legal Liabilities
Employers' Liability Section

Definitions

(Also refer to the Policy Definitions at the front of this booklet).
The following definitions apply to this Section andshall keep the same meaning wherever they appear in the Section.

Bodily Injury

Bodily injury including death, illness, disease or nervous shock.

Compensation

Damages, including interest.

Costs and Expenses

  1. Fees for The Insured's legal representation at
  2. any Coroner's Inquest or Fatal Accident Enquiry
  3. proceedings in any Court of Summary Jurisdiction arising out of any alleged breach of statutory duty
  4. Costs and expenses incurred with Our written consent
  5. Any claimant's legal costs for which The Insured is legally liable in connection with any event which is or may be the subject of indemnity under this Section.

The Defined Territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

The Insured

  1. You
  2. Your personal representatives in respect of legal liability You incur
  3. At Your request
    1. any director, partner, or Employee of Yours
    2. the officers, committees and members of Your
      1. canteen, social, sports, educational and welfare organisations
      2. first aid, fire, security and ambulance services in their respective capacities as such
    3. any principal for whom You are carrying out a contract, to the extent required by the contract conditions
    4. those who hire plant to You to the extent required by the hiring conditions

      or the personal representatives of any of these persons in respect of legal liability for which You would have been entitled to indemnity if the claim had been made against You.

Each indemnified party will be subject to the termsof this Section so far as they apply.
The total amount which We will pay will not exceed The Limit of Indemnity regardless of the number of parties claiming to be indemnified.

The Limit of Indemnity

The maximum amount, stated in The Schedule, including Costs and Expenses, which We will pay in respect of any one claim or series of claims arising out of one cause.

The Territorial Limits

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man in connection with The Business conducted by You from premesis within The Defined Territories.

We will not provide indemnity in respect of Bodily Injury to

  1. any Employee engaged by You outside The Defined Territories for the purpose of work
  2. (2) by any such Employee outside The Defined Territories.

Cover

We will indemnify The Insured against

  1. legal liability to pay Compensation
    and
  2. Costs and Expenses in respect of Bodily Injury sustained by any Employee arising out of and in the course of employment by You in The Business and caused during the Period of Insurance and within TheTerritorial Limits.

The maximum We will pay is The Limit of Indemnity.

Clauses

  1. Additional Activities


    The Business includes
    1. ownership, use and upkeep of Your premises
    2. upkeep of vehicles and plant owned and used by You
    3. canteen, social, sports, educational and welfare organisations for the benefit of any Employee.
    4. Your first aid, fire, security and ambulance services.
    5. Your participation in exhibitions.
    6. private work by any Employee, with Your prior consent, for You or any director, partner or Employee of Yours.

  2. Contractual Liability

    We will indemnify The Insured in respect of liability for Bodily Injury imposed on You solely by reason of the terms of any agreement provided that the conduct andcontrol of any claim is vested in Us.
    We will not provide indemnity in respect of any agreement for or including the performance of work outside The Defined Territories

  3. Cross Liabilities

    We will indemnify each party named as The Policyholder in The Schedule as if a separate policy had been issued to each.
    The total amount payable will not exceed The Limit of Indemnity regardless of the number of parties claiming to be indemnified.

  4. Legal Expenses arising from Health andSafety Legislation

    We will indemnify The Insured in respect of

    1. legal fees and expenses incurred with Our written consent for defending proceedings,including appeals
    2. costs of prosecution awarded against The Insured
    which arise from any health and safety inquiry or criminal proceedings for any breach of the Health and Safety at Work etc Act 1974 or the Health and Safety at Work(Northern Ireland) Order 1978.

    We will not provide indemnity

    1. unless the proceedings relate to an actual or alleged act, omission or incident committed during The Period of Insurance within The Defined Territories and in connection with The Business
    2. in respect of proceedings which
      1. result from any deliberate act or omission by You
      2. relate to the health and safety of any person other than an Employee
    3. where indemnity is provided by another insurance policy

  5. Our Right of Recovery

    The indemnity granted by this Section is deemed to be in accordance with the provisions of any law relating to the compulsory insurance of liability to employees in Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.
    However, You will repay to Us all sums We would not have been liable to pay but for the provisions of such law.

  6. Payment for Court Attendance

    We will compensate You if, at Our request,You, any director, partner or Employee of Yours is attending court as a witness in connection with a claim for which The Insured is entitled to indemnity.
    The maximum We will pay

    1. for You, each director or partner is £250 per day.
    2. for each Employee is £150 per day.

  7. Unsatisfied Court Judgments

    We will, at Your request, pay any Employee or his or her personal representative, the amount of

    1. damages
      and
    2. costs

    awarded to such person as a result of a judgment which has been obtained for Bodily Injury against any company registered in or any individual domiciled in The Defined Territories and which remain unpaid six months after the date of such judgment.
    Payment will only be made where
    1. the Bodily Injury was sustained by the Employee arising out of and in the course of employment by You in The Business and was caused during any Period of Insurance
    2. the judgment was obtained in a court within The Defined Territories
    3. there is no appeal outstanding to the judgment
    4. the Employee, or his or her personal representative, assigns the judgment debt to Us.

Exceptions

(Also refer to the Policy Exceptions at the back of this booklet).
We will not provide indemnity in respect of

  1. work in or on and travel to, from or within any offshore
    1. accommodation, exploration, drilling or production rig or platform
    2. support vessel
  2. Bodily Injury sustained by any Employee when such person is
    1. carried in or upon a vehicle
    2. entering or getting on to, or alighting from, a vehicle where any road traffic legislation requires insurance or security.
    1. liquidated damages
    2. penalty clauses
    3. fines
    4. aggravated, restitutionary, punitive or exemplary damages or any additional damages resulting from the multiplication of compensatory damages or other non-compensatory damages.

Endorsements and Conditions

This Section is subject to any Endorsements andConditions which are stated in The Schedule as applying to this Section.
(Also refer to the Policy Conditions at the back of this booklet).
If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.

Public and Products Liability Section

Definitions

(Also refer to the Policy Definitions at the front of this booklet).
The following definitions apply to this Section and shall keep the same meaning wherever they appear in the Section.

Asbestos

Asbestos, asbestos fibres or any derivatives of asbestos.

Bodily Injury

Bodily injury including death, illness, disease or nervous shock.

Compensation

Damages, including interest.

Costs and Expenses

  1. Fees for The Insured's legal representation at
    1. any Coroner's Inquest or Fatal Accident Enquiry
      or
    2. proceedings in any Court of Summary Jurisdiction arising out of any alleged breach of statutory duty
  2. Costs and expenses incurred with Our written consent
  3. Any claimant's legal costs for which The Insured is legally liable
    in connection with any event which is or may be the subject of indemnity under this Section.

Damage

Physical

  1. loss.
  2. destruction.
  3. damage.

Personal Injury

  1. Bodily Injury
  2. wrongful
    1. arrest, detention or imprisonment.
    2. eviction.
    3. accusation of shoplifting.

Pollution or Contamination

  1. Pollution or contamination of buildings or other structures or of water or land or the atmosphere
    and
  2. all loss, Damage to Property or Bodily Injury directly or indirectly caused by such pollution or contamination.

Products Supplied

Anything which is

  1. manufactured, sold, supplied, processed,altered or treated
  2. repaired, serviced or tested
  3. installed, constructed, erected or transported
    by You or on Your behalf and which is no longer in the custody or control of The Insured.

Property

Material property.

The Defined Territories

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

The Insured

  1. You.
  2. Your personal representatives in respect of legal liability You incur.
  3. at Your request
    1. any director, partner, or Employee of Yours
    2. the officers, committees and members of Your
      1. canteen, social, sports, educational and welfare organisations
      2. first aid, fire, security and ambulance services
        in their respective capacities as such
    3. any principal for whom You are carrying out a contract, to the extent required by the contract conditions

    4. those who hire plant to You to the extent required by the hiring conditions or the personal representatives of any of these persons in respect of legal liability for which You would have been entitled to indemnity if the claim had been made against You.

Each indemnified party will be subject to the terms of this Section so far as they apply.
The total amount which We will pay will not exceed The Limit of Indemnity regardless of the number of parties claiming to be indemnified.

The Limit of Indemnity

The maximum amount, stated in The Schedule, which We will pay in respect of any one event or all events of a series consequent on or attributable to one original cause.
In respect of Products Supplied or Pollution or Contamination The Limit of Indemnity will apply to the total of all events occurring in any one Period of Insurance.

The Territorial Limits

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

The Works

All works completed or to be completed by You or on Your behalf including

  1. all materials incorporated or to be incorporated
  2. plant, tools, equipment and temporary buildings used or to be used
    for the period during which You are responsible under contract conditions.

Cover

We will indemnify The Insured against

  1. legal liability to pay Compensation
    and
  2. Costs and Expenses
    in respect of accidental
    1. Personal Injury
    2. Damage to Property
    3. obstruction, trespass, nuisance or interference with any right of way, air,light or water
      which arises in connection with The Business and which happens during the Period of Insurance and within The Territorial Limits.
The maximum We will pay is the Limit of Indemnityand any Costs and Expenses. However, in respect of any claim brought in
  1. the United States of America or any territory within its jurisdiction
    or
  2. Canada
the maximum We will pay, inclusive of Costs and Expenses, is The Limit of Indemnity.

Clauses

  1. Additional Activities

    The Business includes

    1. ownership, use and upkeep of Your premises
    2. upkeep of vehicles and plant which are owned and used by You
    3. canteen, social, sports, educational and welfare organisations for the benefit of any Employee
    4. Your first aid, fire, security and ambulance services
    5. Your participation in exhibitions
    6. private work by any Employee, with Your prior consent, for You or any director,partner or Employee.

  2. Legal Expenses arising from Consumer Protection Act 1987 and Food Safety Act1990

    We will indemnify The Insured in respect of

    1. legal fees and expenses incurred with Our written consent for defending proceedings, including appeals
    2. costs of prosecution awarded against The Insured
    which arise from criminal proceedings for any breach of Part ll of the Consumer Protection Act 1987 or Part II of the Food Safety Act 1990.
    We will not provide indemnity
    1. unless the proceedings relate to an actual or alleged act, omission or incident committed during the Period of Insurance within The Defined Territories and in connection with The Business.
    2. in respect of proceedings which result from any deliberate act oromission by You.
    3. where indemnity is provided by another insurance policy.

  3. Contractual Liability

    We will indemnify The Insured againstl iability in respect of accidental Bodily Injury or Damage to Property imposed on You solely by reason of the terms of any agreement provided that the conduct and control of any claim is vested in us.
    We will not provide indemnity in respect of any agreement for or including the performance of work outside The Defined Territories.

  4. Cross Liabilities

    We will indemnify each party as named as The Policyholder in The Schedule as if a separate policy had been issued to each.
    The total amount payable will not exceed The Limit of Indemnity regardless of the number of parties claiming to be indemnified.

  5. Defective Premises

    We will indemnify The Insured in respect of legal liability in respect of accidental Bodily Injury or Damage to Property arising under

    1. the Defective Premises Act 1972
    2. the Defective Premises (Northern Ireland) Order 1975 or the Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001
    in connection with any premises which You previously owned or occupied for the purposes of The Business.

    We will not provide indemnity in respect of the cost of rectifying any defect or alleged defect in such premesis.

  6. Employees' and Visitors' Personal Belongings

    We will indemnify The Insured in respect of legal liability for accidental Damage to employees' and visitors' vehicles or personal belongings which are in the custody or control of The Insured.
    We will not provide indemnity where this Property is

    1. loaned, leased, hired or rented to The Insured.
    2. stored for a fee or other consideration by The Insured.
    3. in the custody or control of The Insured for the purposes of being worked upon.

  7. Legal Expenses arising from Health and Safety Legislation

    We will indemnify The Insured in respect of

    1. legal fees and expenses incurred with Our written consent for defending proceedings, including appeals
    2. costs of prosecution awarded against The Insured
    which arise from any health and safety inquiry or criminal proceedings for any breach of the Health and Safety at Work etc Act 1974 or the Health and Safety at Work (Northern Ireland)Order 1978.
    We will not provide indemnity
    1. unless the proceedings relate to an actual or alleged act, omission or incident committed during the Period of Insurance within The Defined Territories and in connection with The Business.
    2. in respect of proceedings which
      1. result from any deliberate act or omission by You.
      2. relate to the health and safety of any Employee.
    3. where indemnity is provided by another insurance policy.

  8. Hired or Rented Premises

    We will indemnify The Insured in respect of legal liability for accidental Damage to premises (including fixtures and fittings) within The Defined Territories which You hire, rent or loan in connection with The Business.
    We will not provide indemnity in respect of

    1. the first £250 of Compensation Costs and Expenses in respect of each occurrence of such Damage caused other than by fire or explosion.
    2. liability imposed on You solely by reason of the terms of the hiring or renting agreement.
    3. Damage caused by fire or any other peril against which the hiring or renting agreement specifies that insurance is taken out by You or on Your behalf.

  9. Motor Contingent Liability

    We will indemnify You in respect of Your legal liability for accidental Bodily Injury and/or Damage to Property which arises from any vehicle or trailer attached thereto which is

    1. not owned by, loaned, leased, hired or rented to You nor provided by You
      and
    2. which is being used in connection with The Business in The Defined Territories.
    We will not provide indemnity
    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
      1. You
      2. any person who to Your knowledge or that of Your representatives does not hold a licence to drive the vehicle unless such person has held and is not disqualified from holding or obtaining such a licence.
    3. where indemnity is provided by another insurance policy.

  10. Payment for Court Attendance

    We will compensate You if, at Our request,You, any director, partner or Employee of Yours is attending court as a witness inconnection with a claim for which The Insured is entitled to indemnity.
    The maximum We will pay

    1. for You, each director or partner is £250 per day.
    2. for each Employee is £150 per day.

Exceptions

(Also refer to the Policy Exceptions at the back of this booklet).
We will not provide indemnity in respect of

  1. Personal Injury to any Employee or to any working partner or proprietor of The Insured arising out of and in the course of employment by You in The Business.
  2. the ownership, possession or use by or on behalf of The Insured of any
    1. aircraft, aerial device or hovercraft.
    2. watercraft exceeding 8 metres in length.
    3. motor vehicle, trailer or plant in circumstances where compulsory insurance or security is required by any road traffic legislation other than
      1. where described in the Motor Contingent Liability Clause.
      2. the loading or unloading of any such vehicle, trailer or plant where indemnity is not provided by another insurance policy.
  3. Damage to Property
    1. which You own or is loaned, leased, hired or rented to The Insured
    2. which is held in trust or in the custody or control of
      1. The Insured
      2. any other party who is carrying outwork on Your behalf
      other than in the circumstances described in the Hired or Rented Premises Clause or the Employees' and Visitors' Personal Belongings Clause
    3. which requires to be insured under the terms of Clause 21.2.1. of the Standard Form of Building Contract issued by the Joint Contracts Tribunal or a clause of similar intent under other contract conditions.
  4. Damage to or the cost incurred by anyone in repairing, removing, replacing,re-applying, rectifying or reinstating
    1. Products Supplied (other than Products Supplied under a separate contract).
    2. The Works
  5. advice, instruction, consultancy, design, formula, specification, inspection, certification or testing performed or provided separately for a fee or under a separate contract.
  6. the carrying out of any work or any Products Supplied which affects or could affect
    1. the navigation, propulsion or safety of any aircraft or other aerial device.
    2. the safety or operation of nuclear installations.

  7. Pollution or Contamination other than caused by a sudden, identifiable, unintended and unexpected incident which occurs in its entirety at a specific time and place during the Period of Insurance.
    All Pollution or Contamination which arises out of one incident will be deemed to have occurred at the time such incident takes place.

    1. work in or on and travel to, from or within
    2. Products Supplied to
      any offshore
      1. accommodation, exploration, drilling or production rig or platform.
      2. support vessel.
  9. recalling or making refunds in respect of
    1. Products Supplied.
    2. The Works.
    1. liquidated damages.
    2. penalty clauses.
    3. fines.
    4. aggravated, restitutionary, punitive or exemplary damages or any additional damages resulting from the multiplication of compensatory damages or other non-compensatory damages.
  11. liability imposed on You solely by reason ofthe terms of any contract conditions or agreement in connection with Products Supplied.
    1. exposure to
    3. inhalation of,
    4. fears of the onsequences of exposure to or the inhalation of,
    5. the costs incurred by anyone in repairing, removing, replacing,recalling, rectifying, reinstating or managing (including those of any persons under statutory duty to manage) any property arising out of the presence of, Asbestos including any product containing Asbestos

Endorsements and Conditions

This Section is subject to any Endorsementsand Conditions which are stated in The Schedule as applying to this Section. If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.

Sub -Contractors Insurances

You must also ensure that in connection with any work undertaken by Your contractor or sub-contractors You obtain evidence that the
contractor or sub-contractor have current policies providing indemnity for Public and Products Liabilities which

  1. have a Limit of Indemnity at least equivilent to the Limit of Indemnity under this policy
  2. cover the work to be undertaken
  3. remain in force for the duration of the contract
  4. provide an indemnity to You as principle and that You keep a written record of their insurer and policy number
(Also refer to the Policy Conditions at the back of this booklet).

Commercial Legal Protection Section

The following notes are designed to assist You in understanding Your Legal Protection cover and the process that You must follow to ensure that You obtain the maximum benefit from this cover.
The claims service for this Section of the policy is administered by DAS Legal Expenses Insurance Company Limited on Our behalf. DAS pioneered the legal expenses market in this country during the mid-seventies and are today recognised as the UK's leading legal expenses insurer. We have chosen DAS as Our Claims Administrator for this cover in view of their expertise and many years experience in dealing with legal disputes for customers.

To ensure that You get the maximum benefit from this Section of the policy You should follow the guidelines below:

Please note that all civil claims covered by this Section of the policy are subject to the provision of'Prospects of Success', this is stated in item (3)under the Cover heading in this Section. This means that You must have a greater chance of winning a case than not, making a successful defence or obtain another legal remedy agreed by DAS. This will be assessed by DAS or a suitably qualified person who has been appointed by them.If a case is deemed not to have 'prospects' the cover provided by this Section will not operate.You will be informed in writing of the reason why.

Definitions

(Also refer to the Policy Definitions at the front of this booklet.)
The following definitions apply to this policy and shall keep the same meaning wherever they appear in the policy.

Appointed Representative

The lawyer, accountant or other suitably qualified person, who has been appointed to act for an Insured Person in accordance with the terms of this policy.

Aspect Enquiry

An examination by the Inland Revenue which considers one or more specific aspects of Your self-assessment and/or corporation tax return.

The Claims Administrator

DAS Legal Expenses Insurance Company Limited who administer the claims service for this insurance on Our behalf.

Costs and Expenses

  1. Legal costs
    1. All reasonable and necessary costs chargeable by the Appointed Representative on a standard basis.
    2. The costs incurred by opponents in civil cases if an Insured Person has been ordered to pay them, or pays them with the agreement of The Claims Administrator.
  2. Accountant's Costs
    A reasonable amount in respect of all costs reasonably incurred by the Appointed Representative.
  3. Attendance Expenses
    1. The salary or wages of the Insured Person for the time they are off work
      1. to attend any arbitration, court or tribunal hearing at the request of the Appointed Representative
      2. as a defendant or while attending jury service.
    2. (b) We will pay for each half or whole day that the
      1. court
      2. tribunal
      3. employer of the Insured Person will not pay for.
    3. The amount We will pay is based on the following
      1. the time the Insured Person is off work including the time it takes to travel to and from the hearing. This will be calculated to the nearest half day assuming that a whole day is eight hours.
      2. if the Insured Person
        • works full time, the salary or wages for each whole day equals 1/250th of the annual salary or wages of the Insured Person.
        • works part-time, the salary or wages will be a proportion of the weekly salary or wages of the Insured Person.

Date of Occurrence

  1. civil cases - when the cause of action accrued (other than Contingencies 4A, 4B or 4C).
  2. criminal cases - when the Insured Person broke or is alleged to have broken the criminal law in question.
  3. Full Enquiries or Aspect Enquiries - when the Inland Revenue first notifies in writing the intention to make enquiries.
  4. Employers' Compliance and Value Added Tax disputes - when the relevant authority sends an assessment or written decision to You.
  5. Licence or Registration Appeals - when You first became aware of the proposal by the relevant licensing or regulatory authority to suspend, alter the terms of, refuse to renew or cancel Your licence or British Standard Certificate of Registration.

Full Enquiry

An extensive examination by the Inland Revenue which considers all aspects of Your tax affairs,excluding those enquiries which are limited to one or more specific aspects of Your self-assessment and/or corporation tax return.

Insured Person

  1. You
  2. any director of Yours, or partner, or proprietor of The Business
  3. any employee of Yours under a contract of employment with You.

Limit of Indemnity

The maximum amount stated in the Schedule which We will pay for Costs and Expenses in respect of any or all claims arising out of one cause.

Territorial Limits

Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

Cover

We will indemnify the Insured Person in the terms of the following Contingencies stated in the Schedule as applying provided that

  1. the Contingency occurs within the Territorial Limits and the Date of Occurrence is within the Period of Insurance
  2. any legal proceedings will be dealt with by a court or other body which The Claims Administrator agree to, within the Territorial Limits
  3. in civil claims it is always more likely than not that the Insured Person will recover damages (or obtain any other legal remedy which The Claims Administrator have agreed to) or make a successful defence.
For all Contingencies The Claims Administrator will help in appealing or defending an appeal provided that the Insured Person tells The Claims Administrator within the time limits that they want The Claims Administrator to appeal. Before we pay any Costs and Expenses for appeals, The Claims Administrator must agree that it is always more likely than not that the appeal will be successful.
If an Appointed Representative is used, We will pay the Costs and Expenses incurred for this.
The maximum We will pay is the Limit of Indemnity.

Contingency 1A -Employment Disputes

The Claims Administrator will represent You indefending Your legal rights

  1. prior to the issue of legal proceedings in a court or tribunal following the dismissal of anInsured Person
  2. in the resolution of unfair dismissal disputesunder the ACAS Arbitration Scheme
  3. in legal proceedings in respect of any dispute with
    1. an Insured Person
    2. a former Insured Person
    3. a trade union acting on behalf of an Insured Person or a former Insured Person which arises out of, or relates to, a contract of employment with You
  4. in legal proceedings in respect of any dispute with
    1. an Insured Person
    2. a former Insured Person
    3. a prospective Insured Person arising from an alleged breach of their statutory rights under employment legislation.

    We will not provide indemnity in respect of any claim in respect of damages for personal injury or loss of or physical
    damage to material property.

Contingency 1B -Compensation Awards

We will indemnify You in respect of

  1. any basic and compensatory award
  2. an order for compensation following a breach of Your statutory duties under employment legislation in respect of a claim The Claims Administratorhave accepted under Contingency 1A.

The maximum amount We will pay in respect of compensation awards in any one Period of Insurance is £1,000,000.
We will not provide indemnity in respect of

  1. non payment of money due under the relevant contract of employment or related statutory provision
  2. any compensation award related to
    1. trade union activities, trade union membership or non-membership
    2. pregnancy or maternity rights
    3. health & safety related dismissals brought under section 44 of the Employment Rights Act 1996
    4. statutory rights in relation to trustees of occupational pension schemes
    5. statutory rights in relation to Sunday shop and betting work
  3. any award ordered as a result of a breach of statutory rights in relation to the provision of relevant records to employees under the National Minimum Wage Act 1998
  4. any compensation award or increase in compensation award ordered by the tribunal for failure to comply with a recommendation it has made including non compliance with a reinstatement order or re-engagement order.

Conditions to Contingency 1B

If in relation to any claim You fail to fulfil any of the following conditions You will lose Your right toindemnity or payment for that claim.

  1. Performance and/or Conduct
    In cases relating to performance and/or conduct You must, throughout the dispute,have either
    1. followed the ACAS Code of Disciplinary Practice and Procedures in Employment as prepared by the Advisory Conciliation and Arbitration Service
      or
    2. followed equivalent codes of practice issued by the Labour Relations Agencyin Northern Ireland
      or
    3. sought and followed the advice from Our 24 hour legal helpline.
  2. Unlawful Discrimination

    In respect of an order of compensation following a breach of Your statutory duties under employment legislation You must have at all times sought and followed the advice of Our 24 hour legal helpline since the date You knew or should have known about the employment dispute.

  3. Redundancy

    In respect of any compensation award for

    1. redundancy
    2. alleged redundancy
    3. unfair selection for redundancy
    You must have sought and followed the advice of The Claims Administrator prior to serving notice of dismissal.

  4. Compensation Awards
    Compensation awards must be
    1. awarded by a tribunal or through the ACAS Arbitration Scheme, under a judgement made after full argument
    2. approved by The Claims Administrator in writing.

Contingency 1C - Service Occupancy

The Claims Administrator will negotiate for Your legal rights against an Insured Person or former Insured Person to recover possession of premises owned by You, or for which You are responsible.
We will not indemnify You in respect of any claim relating to defending Your legal rights other than defending a counter claim.

Contingency 2 - Legal Defence

At Your request The Claims Administrator will

  1. defend the legal rights of an Insured Person
    1. prior to the issue of legal proceedings when dealing with the
      1. Police
      2. Health and Safety Executive and/orLocal Authority Health and Safety Enforcement Officer
        where it is alleged the Insured Person has or may have committed a criminal offence
    2. following an event which leads to the Insured Person being prosecuted in a court of criminal jurisdiction
    3. following civil action taken against the Insured Person for compensation under Section 13 of the Data Protection Act 1998. (We will also pay any compensation award made against the Insured Person under Section 13 of the Data Protection Act 1998)
  2. defend Your legal rights following civil action taken against You for wrongful arrest in respect of an accusation of theft alleged to have been carried out during the Period of Insurance
  3. defend the legal rights of an Insured Person(other than You) if
    1. an event arising from their work as an Insured Person leads to civil action being taken against them under legislation for unlawful discrimination on the grounds of
      1. sex
      2. (ii) sexual orientation
      3. race
      4. disability
      5. age
      6. religious belief
      7. political opinion
    2. civil action is being taken against them as a trustee of a pension fund set up for the benefit of Your employees
  4. represent the Insured Person in appealing against the imposition or terms of Statutory Notice issued under legislation affecting Your Business
  5. represent You in appealing against the refusal of the Information Commissioner to register Your application for registration
  6. pay the Attendance Expenses of an Insured Person for jury service provided that
    1. in respect of proceedings under the Health and Safety at Work etc. Act 1974,the Territorial Limits shall be any place where the Act applies
    2. at the time of the insured incident, You are registered with the Information Commissioner in respect of Contingency 2(1)(c).

We will not provide indemnity in respect of any claim which leads to the Insured Person being prosecuted for infringement of road traffic laws or regulations in connection with the ownership,driving or use of a motor vehicle.

Contingency 3A -Property Protection

The Claims Administrator will negotiate for Your legal rights in any civil action relating to material property which is owned by You, or
You are responsible for, following

  1. any event which causes or could cause physical damage to such material property
  2. any nuisance or trespass
We will not indemnify You in respect of any claim relating to
  1. a contract entered into by You
  2. goods
    1. in transit
    2. lent or hired out
    3. at premises You do not occupy unless for
      1. installation or
      2. use in work to be carried out by You
  3. mining subsidence
  4. a motor vehicle
    1. owned, hired or leased by an Insured Person other than damage to motor vehicles where You are engaged in the business of selling motor vehicles
      or
    2. used by an Insured Person.

Contingency 3B - Bodily Injury

At Your request, The Claims Administrator will negotiate for the legal rights of an Insured Person and their family members following an event which causes the death of, or bodily injury, to them.
We will not provide indemnity in respect of any claim relating to

  1. any illness or bodily injury which develops gradually or is not caused by a specific or sudden accident
  2. defending the legal rights of an Insured Person or their family members other than defending a counter claim
  3. a motor vehicle owned, hired, leased or used by an Insured Person or their family members.

Contingency 4A - Full or Aspect Enquiries

The Claims Administrator will negotiate on Your behalf and represent You in any appeal proceedings in respect of a Full Enquiry and/or Aspect Enquiry carried out by the Inland Revenue.
The maximum amount We will pay for Aspect Enquiries in respect of any one claim is £2,000.

Contingency 4B -Employers' Compliance

The Claims Administrator will negotiate on Your behalf and represent You in any appeal proceedings in respect of a dispute concerning
Your compliance with

  1. Pay as You Earn
    or
  2. Social Security Regulations
following a review by the Inland Revenue or the Department of Social Security Contributions Agency.

Contingency 4C - VAT Disputes

The Claims Administrator will negotiate on Your behalf and represent You in any appeal proceedings following an assessment by HM Customs and Excise in respect of value added tax due.

Conditions to Contingencies 4A, 4B and 4C

If in relation to any claim You fail to fulfil the following condition You will lose Your right to indemnity or payment for that claim

  1. Reasonable Care
    You must have taken reasonable care to ensure that all returns are complete and correct and such returns are submitted within the statutory time limits allowed.
We will not provide indemnity
  1. in respect of any claim caused by Your failure to register for value added tax
  2. in respect of any claim arising from any investigations or enquiries undertaken by the Inland Revenue Special Investigation Section or Special Compliance Office
  3. in respect of any claim arising from any investigations or enquiry by HM Custom sand Excise into alleged dishonesty oralleged criminal offences
  4. in respect of any claim arising from a tax avoidance scheme
  5. for the first £200 of Costs and Expenses for Aspect Enquiries in respect of any one claim.

Contingency 5 - Contract Disputes

The Claims Administrator will negotiate for Your legal rights in a contractual dispute arising from that agreement or that alleged agreement which has been entered into by You or on Your behalf for the

  1. sale
  2. provision
  3. purchase
  4. hire
    of goods or of services provided that
    1. the amount in dispute exceeds £250
    2. if the amount in dispute exceeds £5,000,You will be responsible for the first £500 of legal costs in respect of each and everyclaim
    3. if the amount in dispute is payable by instalments, the instalments due and payable at the time of making the claim exceeds £250
    4. if the dispute relates to money owed to You,a claim must be made within 90 days of the money becoming due and payable.
We will not provide indemnity in respect of
  1. any claim relating to
    1. the settlement payable under an insurance policy
    2. a lease, licence or tenancy of land or buildings other than a dispute with a professional adviser in connection with the drafting of a lease, licence or tenancy agreement
    3. a loan, mortgage, pension or any other financial product and choses in action
    4. a motor vehicle owned by, hired or leased to You other than agreements relating to the sale of motor vehicles where You are engaged in the business of selling motor vehicles
  2. a dispute with an Insured Person or former Insured Person which arises out of or relates to a contract of employment with You
  3. a dispute which arises from the
    1. sale
    2. provision
    3. purchase
    4. hire
    of computer hardware, software, systems or services which have been specifically tailored
  4. a dispute arising from the breach or alleged breach of professional duty by an Insured Person
  5. the recovery of money and interest due from another party other than disputes where the other party intimates that a defence exists.

Contingency 6 - Tenancy Disputes

The Claims Administrator will negotiate for Your legal rights in a tenancy dispute between You and Your landlord arising from premises leased or rented to You.
We will not provide indemnity in respect of any dispute arising from or relating to rent, service charges or renewal of the tenancy agreement.

Contingency 7 - Statutory Licence Protection

The Claims Administrator will represent You in appealing to the relevant statutory or regulatory authority, court, or tribunal following an event which results in the relevant licensing or regulatory authority suspending, or altering the terms of, or refusing to renew, or cancelling Your licence or British Standard Certificate of Registration.
We will not provide indemnity in respect of

  1. An original application or application for renewal of a statutory licence or British Standard Certificate of Registration.
  2. Any licence appeal relating to the ownership, driving or use of a motor vehicle.

Contingency 8 - Debt Recovery

The Claims Administrator will negotiate for Your legal rights including enforcement of judgement to recover money and interest due from the sale or provision of goods or services provided that

  1. the amount in dispute exceeds £250
  2. You have exhausted all credit control and accounting procedures
  3. The Claims Administrator have the right to select the method of enforcement or to forego enforcing judgement if The Claims Administrator are not satisfied that there are, or will be, sufficient assets available to satisfy judgement
  4. You supply the correct and current name and address of the debtor
  5. a claim for debt recovery under this Contingency is made within 90 days of the money becoming due and payable.
    We will not provide indemnity in respect of
    1. any claim relating to
      1. the settlement payable under an insurance policy
      2. a lease, licence or tenancy of land or buildings
      3. a loan, mortgage, pension or any other financial product and choses in action
      4. a motor vehicle owned by, hired or leased to You other than agreements relating to the sale of motor vehicles where
        You are engaged in the business of selling motor vehicles
    2. a dispute with an Insured Person or former Insured Person which arises out of, or relates to, a contract of employment with You
    3. a dispute which arises from the
      1. sale
      2. provision
      3. purchase
      4. hire
        of computer hardware, software, systems orservices which have been specifically tailored
    4. the recovery of money and interest due from another party where the other party intimates that a defence exists.

Section Exceptions - Applying to all Contingencies

(Also refer to the Policy Exceptions at the back ofthis booklet.)
We will not provide indemnity in respect of or the Appointed Representative have not agreed to

    1. any claim reported to Us more than 180 days after date the Insured Person should have known about the claim
    2. any Costs and Expenses incurred before the written acceptance by The Claims Administrator of a claim.
    3. fines, penalties, compensation or damages which the Insured Person is ordered to pay by a court or other authority other than compensation awards covered under Contingency 1B (Compensation Awards) and Contingency 2 (Legal Defence)
    4. any claim relating to
      1. patents
      2. copyrights
      3. trademarks
      4. merchandise marks
      5. registered designs
      6. intellectual property
      7. secrecy and confidentiality agreements
    5. Any claim relating to franchise or agency rights where You have the legal capacity to alter the legal relations of another
    6. Any claim deliberately or intentionally caused by the Insured Person
    7. A dispute with The Claims Administrator and/or Us not catered for in Section Condition 7.
    8. Any claim relating to a shareholding or partnership share in the Business unless such shareholding was acquired under a scheme open to all Your employees or to a substantial number of them of a certain minimum grade other than Your directors or partners
    9. An application for judicial review
    10. Any legal action an Insured Person takes which The Claims Administrator
      and/or
      where the Insured Person does anything that hinders The Claims Administrator or the Appointed Representative
    11. any claim relating to any non-contracting party's rights to enforce all or any part of this Section.
      The Contracts (Rights of Third Parties) Act1999 does not apply to this policy
  2. a claim notified under this policy when,either at the start of or during the course of the claim You
    1. are bankrupt
    2. have filed a bankruptcy petition orwinding-up petition
    3. have made an arrangement with creditors
    4. have entered into a deed or arrangement
    5. are in liquidation
    6. are or part of or all of Your affairs or property are in the care or control of a receiver or administrator.

Section Conditions -Applying to all Contingencies

(Also refer to the Policy Conditions at the back of this booklet.)

  1. An Insured Person must
    1. keep to the terms and conditions of this Section
    2. notify Us immediately of any alteration which may materially affect Our assessment of the risk
    3. take reasonable steps to keep any amount We have to pay as low aspossible
    4. try to prevent anything happening that may cause a claim
    5. send everything The Claims Administrator asks for, in writing.
    6. give The Claims Administrator full details of any claim as soon as possible and give The Claims Administrator any information it needs.
    1. The Claims Administrator can take over and conduct in the name of an Insured Person, any claim or legal proceedings at any time. The Claims Administrator can negotiate any claim on behalf of an Insured Person.
    2. if The Claims Administrator agree to start legal proceedings and it becomes mandatory for an Insured Person to be represented by a lawyer, or if there is a conflict of interest, an Insured Person can choose an Appointed Representative by sending The Claims Administrator the suitably qualified person's name and address. The Claims Administrator may choose not to accept the choice of representative, but only inexceptional circumstances. If there is a disagreement over the choice of Appointed Representative, another suitably qualified person can be appointed to decide the matter.
    3. before an Insured Person chooses a lawyer or an accountant, The Claims Administrator can appoint an Appointed Representative.
    4. an Appointed Representative will be appointed by The Claims Administrator and represent an Insured Person according to their standard terms of appointment. The Appointed Representative must co-operate fully with The Claims Administrator at all times.
    5. The Claims Administrator will have direct contact with the Appointed Representative.
    6. an Insured Person must co-operate fully with The Claims Administrator and the Appointed Representative and must keep The Claims Administrator up-to-date with the progress of the claim.
    7. an Insured Person must give the Appointed Representative any instructions that The Claims Administrator require.
    1. an Insured Person must tell The Claims Administrator if anyone offers to settle aclaim.
    2. if an Insured Person does not accept a reasonable offer to settle a claim, We may refuse to pay further Costs and Expenses.
    3. The Claims Administrator may decide to pay the Insured Person the amount of damages that the Insured Person is claiming or is being claimed against them instead of starting or continuing legal proceedings.
    1. if The Claims Administrator ask, an Insured Person must tell the Appointed Representative to have Costs and Expenses taxed, assessed or audited.
    2. an Insured Person must take every step to recover Costs and Expenses that We have to pay and must pay Us any Costs and Expenses that are recovered.
  5. If an Appointed Representative refuses to continue acting for an Insured Person or if an Insured Person dismisses an Appointed Representative, the cover We provide will end at once, unless The Claims Administrator agrees to appoint another Appointed Representative.
  6. If an Insured Person
    1. settles a claim
    2. withdraws their claim without the agreement of The Claims Administrator
    3. does not give suitable instructions to an Appointed Representative the cover We provide will end at once and We will be entitled to re-claim any Costs and Expenses paid by Us.
  7. If The Claims Administrator and an Insured Person disagree about
    1. the choice of Appointed Representative
      and/or
    2. about the handling of a claim
      The Claims Administrator and the Insured Person can choose another suitably qualified person, to decide the matter.
      The Claims Administrator and the Insured Person must both agree to this in writing.
      If The Claims Administrator cannot agree with the Insured Person about the choice of the second suitably qualified person, The Claims Administrator will ask the president of a relevant national law society to choose a suitably qualified person.
      Whoever loses the disagreement will have to pay the costs of settling it.
  8. The Claims Administrator may at their discretion require You to obtain an opinion from counsel at Your expense as to the merits of a claim or proceedings. If counsel's opinion indicates that there are reasonable grounds for the pursuit or defence of a claim or proceedings, the cost of obtaining the opinion will be paid by Us.
  9. We will not pay any claim covered under anyother policy, or any claim that would have been covered by any other policy if this policy did not exist.
  10. All references to Acts of Parliament within this Section wording shall include equivalent legislation in Scotland, Northern Ireland, the Isle of Man or the Channel Islands as the case may be.

Endorsements and Conditions

This Section is subject to any Endorsements and Conditions which are stated in The Schedule as applying to this Section.(Also refer to the Policy Endorsements and Conditions at the back of this booklet.)
If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.

Employee Benefits
Personal Accident Section

Definitions

(Also refer to the Policy Definitions at the front of the booklet). The following definitions apply to this Section and shall keep the same meaning wherever they appear in the Section.

Accidental Bodily Injury

  1. injury caused by accidental and/or violent means
  2. exposure
    occurring within 24 months from the date of the accident by which such injury is caused.

Insured Person

  1. You
  2. any director of Yours, or partner, or proprietor of The Business
  3. any employee of Yours under a contract of employment with You aged 75 or under

Loss of Limb

  1. severance at or above the wrist or ankle
    or
  2. the total and permanent loss of use of a hand, arm, foot or leg.

Cover

We will pay compensation to You or Your personal representatives for Accidental Bodily Injury to an Insured Person during the Period of Insurance which, solely, directly and independently of any other cause, results in any of the following contingencies

Contingencies

  1. death
  2. total and permanent loss of sight in one or both eyes
  3. total and permanent loss of hearing in one or both ears
  4. total and permanent loss of speech
  5. Loss of one or more limbs
  6. any other total and permanent disablement which lasts without interruption for more than 12 months from the date of the accident and prevents the Insured Person from pursuing any occupation
  7. temporary total disablement which prevents the Insured Person from pursuing their normal occupation
  8. temporary partial disablement which prevents the Insured Person from pursuing a substantial part of their normal occupation.

We will not provide indemnity in respect of any claim relating to any non-contracting parties rights to enforce all or any part of this Section.
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Section.

Compensation

The amount of compensation payable to You for any Insured Person shall be the amount shown below multiplied by the number of units stated in the Schedule for that category of Insured Person.

Contingency Number Limit of Compensation per unit
(1) £5,000
(2) £5,000
(3) £5,000
(4) £5,000
(5) £5,000
(6) £5,000
(7) £50 per week
(8) £25 per week

The maximum number of units per Insured Person is 10
Compensation for Contingency Number (7) and (8) shall not be payable for the first 14 consecutive days unless the period of each and every injury exceeds 14 consecutive days.

Exceptions

We will not pay compensation for Accidental Bodily Injury directly or indirectly caused by

    1. the Insured Person suffering from any disability due to a gradually operating cause
    2. suicide or attempted suicide
    3. deliberate exposure to danger (except in an attempt to save human life)
    4. the Insured Person's own criminal act
    5. the Insured Person being in a state of insanity
    6. flying or other aerial activities (except while travelling as a passenger by a recognised airline)
    7. pregnancy or childbirth
  2. an Insured Person practising for or taking part in
    1. mountaineering or rock climbing requiring use of ropes or guides
    2. pot-holing
    3. winter sports
    4. any kind of racing (except foot races)
    5. speed or time trials
    6. naval military or air force service or operations
  3. the effects of alcohol or drugs (other than drugs prescribed by a doctor)
  4. any treatment for drug addiction

Clauses

  1. Amounts Payable
    We will pay
    1. the compensation stated in the Schedule with weekly benefit being paid at four weekly intervals
    2. compensation under contingencies (7) and/or (8) for a maximum of 2 years from the date that the disablement started but where We pay compensation under any of contingencies (1) to (6),
    1. any weekly benefit being paid for the same injury will stop
    2. this insurance will end for the Insured Person

    We shall not be liable for any amount in excess of the maximum accumulation limit of £1,000,000 in respect of any one accident.
    If the aggregate amount of all benefits payable exceeds the maximum accumulation limit, the benefit payable to each Insured Person shall be proportionally reduced until the total of all benefits does not exceed the maximum accumulation limit.

  2. Disappearance

    If an Insured Person has been missing for a period of 180 consecutive days and there is sufficient evidence to support the conclusion that death has been caused by Accidental Bodily Injury, that person will be presumed to have died. However, You will repay any compensation if the Insured Person is found alive or is found to have been alive.

  3. Medical Evidence
    1. We may, at Our expense, arrange for an Insured Person to undergo
      1. a medical examination
        or
      2. a post mortem examination
    2. You or Your legal representative will supply to Us, at Your expense, any
      1. certificate
      2. information
      3. evidence
      in the format We require.
  4. Medical Expenses

    When We pay compensation under contingencies (7) or (8), We will also pay up to 15% of this amount in respect of medical expenses incurred.

Endorsements and Conditions

This Section is subject to any Endorsements or Conditions which are stated in the Schedule as applying to this Section.
(Also refer to the Policy Endorsements and Conditions at the back of this booklet.)
If in relation to any claim You fail to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.

Policy Exceptions

Each Section of the policy contains exceptions. They must be read in conjunction with the following
Policy Exceptions.
We will not provide indemnity in respect of

  1. any consequence whatsoever resulting directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event
    1. war invasion, act of a foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power
    2. nationalisation, confiscation, requisition, seizure or destruction by the Government or any public authority
    3. any action taken in controlling, preventing, suppressing or in any way relating to (a) and/or (b) above
    However,
    1. exceptions (1) (a) (b) and (c) do not apply to the Employers' Liability Section or to the Terrorism Section, when insured by this policy
    2. exception (1) (b) does not apply to the Public and Products Liability Section or to the Personal Accident Section, when insured by this policy
  2. death or disablement, loss or destruction of or damage to any property, any loss or expense whatsoever, any consequential loss or any legal liability
    1. directly or indirectly caused by or contributed to by or arising from
      1. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
      2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof.
    2. directly or indirectly caused by or contributed to by or arising from the use of or threatened use of any weapon
      1. dispersing radioactive material and/or ionising radiation
        or
      2. using atomic or nuclear fission and/or fusion or other like reaction.

        However,
        (1) exception (2) (b) does not apply to the following Sections

        1. Employers' Liability
        2. Public and Products Liability
        3. Personal Accident
        when insured by this policy.
        (2) in relation to the Employers' Liability Section, exception (2) (a) above only applies when You under a contract or agreement have undertaken to
        1. indemnify another party
        2. assume the liability of another party.

  3. any consequence whatsoever resulting directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event

    1. Terrorism
    2. civil commotion in Northern Ireland but this shall only apply to the Property Damage Sections when insured by this policy.
    3. any action taken in controlling, preventing, suppressing or in any way relating to (a) and/or (b) above except as stated in the
    Special Provisions - Terrorism below
    Terrorism is defined as any act or acts including, but not limited to
    1. the use or threat of force and/or violence and/or
    2. harm or damage to life or to property (or the threat of such harm or damage) including, but not limited to, harm or damage by nuclear and/or chemical and/or biological and/or radiological means caused or occasioned by any person(s) or group(s) of persons, or so claimed, in whole or in part, for political, religious, ideological or similar purposes.

    In any action, suit or other proceedings where We allege that any consequence whatsoever resulting directly or indirectly from or in connection with 3(a) and 3(c) regardless of any other contributory cause or event is not covered by this policy (or is covered only up to a specified limit of liability) You will have to prove that any such consequence is covered (or is covered beyond that limit of liability).

Special Provisions - Terrorism

Subject otherwise to the terms, conditions and exceptions of the policy

  1. When any of the following Sections are insured by this policy Employers' Liability Public and Products Liability exceptions (3)(a) and (3)(c) do not apply to
    1. Employers Liability but the Limit of Indemnity for the purposes of Special Provision (a) - Terrorism is limited to £5,000,000 including costs and expenses
    2. Public and Products Liability but the Limit of Indemnity for the purposes of Special Provision (a) - Terrorism is limited to £2,000,000 or any other amount specified in the Schedule for Public and Products Liability whichever is the lower.
  2. When the following Section is insured by this policy
    Personal Accident

    exceptions (3)(a) and (3)(c) do not apply to this Section provided that for the purposes of Special Provision (b) -Terrorism the total amount payable in respect of all losses arising out of any one occurrence shall not exceed the lesser of

    1. any limits amounts payable or maximum accumulation stated in The Schedule or
    2. £1,000,000

    In the event of a claim exceeding the total amount payable under Special Provision (b) - Terrorism Our liability in respect of each Insured Person claimed for shall be proportionately reduced until the total does not exceed such total amount payable.

  3. Exceptions (3) (a) and (3) (c) do not apply to the Terrorism Section, when insured under this policy.
  1. Loss, destruction or damage directly caused by pressure waves from aircraft or other aerial devices. However, exception (4) does not apply to the Terrorism Section, when insured by this policy.
    1. Money
    2. securities or bonds
    3. jewellery or precious stones
    4. precious metals or bullion
    5. furs or curios
    6. rare books or works of art
    7. goods held in trust or on commission
    8. documents or manuscripts
    9. business books or computer systems records
    10. explosives

    unless specifically mentioned.
    However, exceptions (5) (a) to (k) do not apply to the Terrorism section, when insured by this policy.

  3. any claim which arises directly or indirectly from or consists of the failure or inability of any
    1. electronic circuit, microchip, integrated circuit, microprocessor, embedded system, hardware, software, firmware, program, computer, data processing equipment, telecommunication equipment or systems, or any similar device
    2. media or systems used in connection with anything referred to in (a) above whether Your property or not, at any time to achieve any or all of the purposes and consequential effects intended by the use of any number, symbol or word to denote a date and this includes without any limitation the failure or inability to recognise, capture, save, retain or restore and/or correctly to manipulate, interpret, transmit, return, calculate or process any date, data, information, command, logic or instruction as a result of
      1. recognising, using or adopting any date, day of the week or period of time, otherwise than as, or other than, the true or correct date, day of the week or period of time

      2. the operation of any command or logic which has been programmed or incorporated into anything referred to in (a) and (b) above.
        However, We shall not exclude any claim for subsequent loss or destru