SISS TRADES & PROFESSIONS LIABILITY INSURANCE Summary of Cover

Transcription

1 SISS TRADES & PROFESSIONS LIABILITY INSURANCE Summary of Cover This is a basic summary of the benefits, features, limitations and exclusions of the cover provided and does not contain the full terms and conditions of the policy issued at inception of cover; complete copies of applicable full Policy Wordings are available to view on our website or will be provided on request. It is important that you read the policy document carefully when you receive it and any endorsements attaching thereto. Cover applies only for sections where requested and/or as indicated on the attached Quotation, Renewal &/or Policy schedule. Combined Liability Insurance (Cover applies only where indicated on schedule) Name of the Insurer The insurer of the policy is Faraday Reinsurance Co. Limited under a scheme arranged and managed by Security Industries Specialist Services. (Liability wording reference: SISS/FRE(b)GL001/2010) Duration of Policy The Policy will remain in force for 12 months from date of commencement, or as otherwise shown on your Policy Schedule. Employer s Liability This insurance protects you against damages and legal costs that arise as a result of claims from employees suffering death, injury, illness or disease from their employment. Significant Features & Benefits applying to Employer s Liability Provides protection for legal liability for damages and all costs up to a limit 10million within Great Britain, Northern Ireland, the Channel Islands or the Isle of Man Extends whilst temporarily outside the above territories in the course of employment whilst engaged in non-manual work Covers private work carried out for directors or executives with the consent of the Insured Indemnity to principal Unsatisfied Court Judgements Health and Safety at Work Act and Corporate Manslaughter defence costs Cross liabilities clause Court attendance costs Significant & Unusual Exclusions or Limitations applying to Employer s Liability Cover is for any one claim or series of claims arising out of one occurrence, all costs and expenses paid are included within the limit Offshore work (unless required by compulsory insurance regulations to make a payment in respect of Injury then the limit is restricted to 5million) Road traffic Act legislation Arising from the manufacture, production, storage or handling of asbestos or any materials containing asbestos Public & Products Liability Cover is provided in respect of legal liability in connection with your business to pay compensation including legal costs for: Accidental death or injury to any persons excluding employees Accidental loss or damage to third party property Accidental injury or accidental loss or damage caused by products supplied by you Significant Features & Benefits applying to Public & Products Liability Applies within Great Britain, Northern Ireland, the Channel Islands or the Isle of Man. In respect of Products Liability, anywhere in the world (other than USA/Canada) for goods supplied by you Extends whilst temporarily elsewhere in the world whilst engaged in non-manual work in connection with the business Indemnity to principal Motor vehicles tool of trade risk Motor contingent liability Movement of obstructing vehicles Defective Premises Act Leased or rented premises Data Protection Act defence costs Consumer Protection Act and Food Safety Act defence costs - 1

2 Health and Safety at Work Act and Corporate Manslaughter defence costs Cross liabilities clause Court attendance costs Significant & Unusual Exclusions or Limitations applying to Public & Products Liability The policy excess as stated in your Policy Schedule in respect of loss of or damage to third party property Public Liability is for any one claim or series of claims arising out of one occurrence, which does not exceed in the aggregate the limit of indemnity stated in your Policy Schedule, but unlimited in the period of insurance. All costs and expenses are payable in addition to your insured limit Products Liability claims are limited in total to the limit stated in your Policy Schedule. All costs and expenses are payable in addition to your insured limit Pollution and contamination liability is excluded unless it is as a result of a sudden and unforeseen incident which takes place in its entirety at a specific time and place Goods manufactured sold supplied to USA/Canada Any losses arising out of your responsibilities under the Road Traffic Act Professional Indemnity Property in your care custody and control Contractual liability Arising out of hazardous (to human health) component building material Arising from the manufacture, production, storage or handling of asbestos or any materials containing asbestos Exclusions to all Sections Radioactive contamination Punitive, multiplied or exemplary damages Terrorism (other than the statutory limit of 5m under the EL section) and War Cancellation The insured has no cancellation rights under this Policy. Choice of Law Unless specifically agreed to the contrary this Insurance Policy shall be subject to English Law Tools of Trade Insurance (Cover applies only where indicated on schedule) Insurer: What Is Covered: Scope of Cover: Period of Cover: Not Covered: Excess: Exclusion: Great Lakes Reinsurance Plc via Contessa Ltd under a scheme arranged and managed by Security Industries Specialist Services (Tools wording reference: SISS/TT/2010/01) Loss or damage to powered or non powered hand held tools belonging to, leased or hired to you or your employees, including loss or damage to stock, items &/or products during transit to or from site. All Risks of physical loss or damage occurring during the period of insurance anywhere within the European Union, subject to the terms and limits of the policy. 12 months from date of commencement, or as otherwise shown on your Policy Schedule Breakdown, wear, tear or gradual deterioration, deliberate loss, mysterious disappearance, consequential loss or legal liability and 'ride on' &/or self propelled tools, plant or equipment Minimum of 50 or 5% coinsurance, whichever the greater, each & every claim. Losses whilst unattended unless contained; within a locked vehicle with all security devices in force, all windows and other openings closed and items not left on general display within the vehicle, or; within a locked storage unit &/or building Commercial Legal Expenses (Cover applies only where indicated on schedule) Name of the Insurer The insurer of the policy is DAS Legal Expenses Insurance Company Limited under a scheme arranged and managed by Security Industries Specialist Services. (Wording reference: CLPClub2/DAS6525/2011). DAS Legal Expenses Insurance Company Limited is authorised and regulated by the Financial Services Authority. Duration of Policy The Policy will remain in force for 12 months from date of commencement, or as otherwise shown on your Policy Schedule. - 2

3 What we pay The policy will pay legal costs up to 100,000 including solicitors and barristers fees, court costs, expenses for expert witnesses, attendance expenses, accountants fees and employment compensation awards. It will also pay the costs of appealing or defending an appeal. Employment Disputes and Compensation Awards 1. Employment Disputes Defending your legal rights before the issue of proceedings in a court or tribunal following dismissal of an employee. Defending your legal rights in respect of any dispute with an employee or ex-employee relating to their contract of employment. Defending your legal rights in respect of any dispute with an employee, prospective employee or ex-employee arising from an alleged breach of their statutory rights under employment legislation. Please note that waiting periods may apply to claims that arise from employment disputes. 2. Compensation Awards In respect of a claim we have accepted under Employment Disputes cover, we will pay any basic and compensatory award and/or compensation awards arising from an alleged breach of an employee, prospective employee or ex-employee s statutory rights under employment legislation; provided that throughout the employment dispute, you have either followed the ACAS Code of Disciplinary and Grievance Procedures in Employment, the equivalent codes of practice issued by the Labour Relations Agency in Northern Ireland, or sought and followed advice from the DAS legal advice service. 3. Employee Civil Legal Defence Defends the insured person s legal rights if an event arising from their work as an employee leads to civil action being taken against them: (i) under legislation for unlawful discrimination; or (ii) as trustee of a pension fund set up for the benefit of your employees. 4. Service Occupancy Negotiating for your legal rights against an employee or ex-employee to recover possession of premises which are owned by you or for which you are responsible. Legal Defence Defending your legal rights or your employees legal rights prior to legal proceedings when dealing with the police or the relevant Health and Safety authority where it is alleged that you or your employees have or may have committed a criminal offence in connection with your business activities. Defending non-motor criminal prosecutions arising from your business activities. Defending civil actions taken against you or your employees for compensation under section 13 of the Data Protection Act 1998, including the payment of any compensation award made against you or your employees. Appealing against the refusal of the Information Commissioner to register your application for registration. Appealing against the imposition or terms of any Statutory Notice issued under UK legislation affecting your business. Defending a civil action taken against you for wrongful arrest in respect of an accusation of theft. The attendance expenses of your employees for jury service. Statutory Licence Appeal Appealing to the relevant statutory or regulatory authority, court or tribunal, following a decision by a licensing or regulatory authority to suspend, alter, refuse to renew or cancel your licence, mandatory registration or British Standard Certificate of Registration. Contract Disputes Cover Negotiating for your legal rights in a contractual dispute arising from an agreement or alleged agreement entered into by you or on your behalf, for the purchase or hire or sale or provision of goods or services, providing the amount in dispute exceeds 500 (including VAT) and does not exceed 5,000 (including VAT). Property Protection and Bodily Injury (a) Property Protection Pursuing your legal rights in a civil action following an event causing physical damage to material property which you own or are responsible for, or any nuisance or trespass. (b) Personal Injury At your request, pursuing your employees and their family members legal rights following their death or bodily injury. - 3

4 Tax Protection 1. Full or Aspect Enquiries Negotiating on your behalf and representing you in any appeal proceedings in respect of a full or aspect enquiry carried out by HM Revenue & Customs. A 200 excess applies for aspect enquiries and there is an inner limit of indemnity of 2, Cross-Tax Enquiries Negotiating on your behalf and representing you in any dealings with HM Revenue & Customs in respect of a full enquiry which includes a review of VAT and/or Employer Compliance. 3. Employer Compliance Disputes Negotiating on your behalf and representing you in any appeal proceedings in a dispute concerning your compliance with Pay As You Earn, Social Security, Construction Industry or IR35 legislation and regulations. 4. VAT Disputes Negotiating on your behalf and representing you in any appeal proceedings arising out of a dispute with HM Revenue & Customs. Helpline Services The following helpline services are available 24 hours a day, 365 days a year during the period of insurance. Legal Advice Service We will provide you with a confidential legal advice service over the phone on any commercial legal problem affecting your business subject to the laws of the member countries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway. Tax Advice We will provide you with confidential advice over the phone on any tax matters affecting your business under the laws of the United Kingdom. Counselling Service We will provide all employees (and members of their immediate family who always live with them) with a confidential counselling service over the phone including, where appropriate, onward transmission to relevant voluntary and/or professional services. Employment Manual The DAS Employment Manual offers comprehensive, up to date guidance on rapidly changing employment law. This can be viewed online at DASbusinesslaw DASbusinesslaw can create ready to sign contracts, agreements and letters in minutes. Developed by solicitors and tailored by you using DAS smart document builders. The service also provides useful tools, articles and information on matters such as new legislation, employment issues, property law and taxation. Conditions Applicable to All Sections of Insurance The information provided by you on the proposal form or statement of fact are complete and accurate Any changes in circumstance and/or material information during the period of insurance must be notified to us immediately The policies are governed by English Law All claims and/or circumstances which might give rise to a claim must be notified to us in writing as soon as possible You must take all reasonable steps to mitigate any loss Please refer to CLP Club2 policy wording reference DAS6525 for policy terms and conditions under Commercial Legal Expenses. Claims You must Notify Security Industries Specialist Services as soon as you become aware of any loss, incident, circumstance or dissatisfaction expressed by a client about your work (even if you disagree with their view) that may give rise to a claim being made against you and for which there may be liability under this insurance: Security Industries Specialist Services 7d Cranmere Road Okehampton Devon EX20 1UE Telephone: Please refer to CLP Club2 policy wording reference DAS6525 for details on how to report a Commercial Legal Expenses claim. - 4

5 Cancellation You can cancel this policy within 14 days of receipt of your policy documentation and a full refund of the applicable premium will be provided. Cancellation at any other time during the policy period is at the discretion of insurers. Complaints We aim to give our policyholders a high level of service at all times. If there are occasions when we do not meet your standards please contact Security industries Specialist Services in the first instance at the address shown above. If you still remain dissatisfied you have the option of contacting your Insurers whose details are as below Employers, Public & Products Liability: Faraday Reinsurance Co. Limited, 5th Floor Corn Exchange, 55 Mark Lane, London EC3R 7NE Tools of Trade: Contessa Ltd, Suite 734, 7 th Floor, 1 Lime Street, London EC3M 7HA They will handle your complaint as follows: They will acknowledge within five working days and advise you of the name and title of the person who is handling your complaint They will deal with your complaint as quickly as possible and aim to provide you with a formal response within twenty working days of receipt of the complaint. If compensation or redress is appropriate we will provide details with our response. If we feel your complaint is not justified full reasons for our decision will be provided to you If they are unable to resolve your complaint within twenty working days we will write to you and explain why we have been unable to resolve the issue. We will also advise you when you can expect to receive our final response. Their response to your complaint will always provide you with a copy of the Financial Ombudsman Service explanatory leaflet However, if you continue to remain dissatisfied you have the option of contacting The Financial Ombudsman Service. Their address is:- The Financial Ombudsman Service: South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel: Please refer to CLP Club2 policy wording reference DAS6525 for details of the Commercial Legal Expenses complaints procedure. Data Protection The defined terms used in this section shall have the meaning given to those terms in the Data Protection Act 1998 (as may be amended from time to time). In the course of providing insurance services to the proposed insured / insured, the insurer may have access to Personal Data. The proposed insured / insured warrants that they shall have obtained all necessary authorisations and approvals from Data Subjects prior to disclosing any Personal Data to the insurer (whether such disclosure is made directly by the proposed insured / insured to the insurer or indirectly by the proposed insured / insured to any agent acting on behalf of the proposed insured / insured or the insurer). The insurer shall be the Data Controller of any Personal Data provided to it. The insurer undertakes that it shall only use any Personal Data provided to it for the purposes of performing its services in connection with its contract of insurance with the proposed insured / insured. This will include the processes of underwriting, administration and claims assessment as well as any necessary services ancillary thereto. The insurer will hold all Personal Data provided to it securely and shall limit access to such Personal Data to those who have a need to see it. The proposed insured / insured hereby consents to the insurer sharing any Personal Data provided to it with its group companies, agents, reinsurers, claims handlers, loss adjusters, medical professionals and other professional advisors, healthcare management companies and any other necessary service providers with whom the insurer contracts in connection with the proposed contract / contract of insurance between the proposed insured / insured and the insurer. The insured acknowledges that the insurer may be required as a matter of law or regulation to disclose Personal Data provided to it to a Court of law or regulatory body such as the Financial Services Authority or any other public body or authority of competent jurisdiction and the proposed insured / insured hereby consents to any such disclosure. The proposed insured / insured acknowledges that the insurance industry maintains certain registers for the purposes of fraud prevention and hereby consents to the insurer sharing Personal Data provided to it with fraud prevention agencies and other insurance companies for the purposes of fraud prevention and to validate your claims history. Please refer to CLP Club2 policy wording reference DAS6525 for Data Protection information concerning Commercial Legal Expenses. - 5

6 Several Liability PLEASE NOTE This notice contains important information. PLEASE READ CAREFULLY The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract. The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract. In the case of a Lloyd s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member s proportion. A member is not jointly liable for any other member s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd s, at the above address. Although reference is made at various points in this clause to this contract in the singular, where the circumstances so require this should be read as a reference to contracts in the plural. 07/03/08 LMA5096 (Combined Certificate) Commission Disclosure SISS receive remuneration in the form of commission and administration fees from insurers. In certain cases we may receive commission on the profitability of the business placed with insurers. Commercial Customers are entitled to request information by writing to our office regarding any commission which we may have received as a result of placing your insurance business. Duty of Disclosure You have a duty under all sections of this insurance to declare all material information and facts likely to influence an underwriter s decision whether to accept the risk offered to them. This information is taken into consideration when calculating premiums, applying terms or setting policy conditions. It is therefore essential that the information you provide is accurate and kept up to date during the period of insurance to ensure that the policy performs as you expect. Failure to disclose and maintain accurate information could effect the validity &/or performance of this insurance. - 6