Excess Public Liability Policy

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1 DUAL Corporate Risks Limited on behalf of Aspen Insurance UK Limited Excess Public Liability Policy 15 th March th February 2015 C 3 MASTER

2 General Insuring Clause This Policy, the Proposal, the Schedule (including any Schedule issued in addition or substitution) and any Endorsement or Memoranda shall be considered one document and any word or expression to which a specific meaning has been attached shall bear such meaning wherever it appears. The Insured named in the Schedule: 1. Having made to Us a Proposal and or having provided to Us information, the truth of the representations, declarations and information contained therein being agreed to be the basis of this Insurance and to be incorporated herein; and 2. Having paid or agreed to pay the Premium to Us The Underwriters are hereby bound, each for his own part and not one for another their heirs, Executors and Administrators to provide the insurance stated in each operative section of the Policy in accordance with the limits, terms, conditions and exclusions contained herein or endorsed hereon in connection with the Business during the Period of Insurance Claims Procedure Please refer to the Claims Conditions of the Policy for full details of the claims procedure and conditions relating to claims notification. It is condition precedent to liability that We are notified Immediately You are aware of any occurrence or circumstance which may give rise to a claim. Please contact Us: Claims notification of loss telephone line: +44 (0) to: or by post to: Claims Department Dual Specialty Risks Queens House Micklegate York YO1 6WG. All claims notified to Us will be acknowledged Immediately upon receipt 2

3 Security Details Insurer s liability several not joint The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract. The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is subject always to the provision concerning signing below. In the case of a Lloyd s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member s proportion. A member is not jointly liable for any other member s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd s, at the above address. Risk Transfer Some Insurers, as an added protection to our clients, have agreed that monies collected by us from Clients and held to the account of Insurers (or claims monies held for payment to our Clients) will be considered by those Insurers as their money ( Risk Transfer ). This does mean however that in the case of insolvency of the Insurer we may be required to remit premiums to the Administrator or Liquidator and may be prevented from passing claims monies received to Clients. Where we act as agents of Insurers for the purposes of holding or receiving claim payments or return premiums we will remit them to such parties as Insurers direct us to pay. Please refer to your Terms of Business Agreement. Number of Members It is herby noted and agreed that if the number of members exceeds 3000 during the policy period an additional premium may be applied Proportion of liability Unless there is signing (see below), the proportion of liability under this contract underwritten by each insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its written line. Where this contract permits, written lines, or certain written lines, may be adjusted ( signed ). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each insurer (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd s syndicate, the total of the proportions underwritten by all the members of a Lloyd s syndicate taken together) is referred to as a signed line. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred. Although reference is made at various points in this clause to this contract in the singular, where the circumstances so require this should be read as a reference to contracts in the plural. 3

4 Definitions These Definitions are applicable to the whole Policy or, where specifically stated, to a particular Section of the Policy wherever the words appear in italics starting with a capital letter. Words importing the singular include the plural and vice versa. These Definitions are subject to the terms, conditions, limits and exclusions of the Policy. B Business means the business of the Insured as stated in the Schedule. E Employee means any person under a contract of service or apprenticeship with the Insured and shall include any other person in respect of whom cover is afforded by the Underlying Policies. Event means: 1. death, bodily injury, illness or disease; 2. loss of or damage to property; and where covered by the Underlying Policies shall include: 3. obstruction, nuisance, trespass or interference with certain rights. All as more specifically defined in the Primary Policy. I Immediately means within 5 (five) days Injury means bodily injury, death, illness or disease, illness, nervous shock or psychiatric illness Insured means the Insured as stated in the Schedule. Underwriters means Your Insurer stated in the Schedule O Offshore means from the time of embarkation onto a conveyance at the point of final departure to any offshore installation, including but not limited to any offshore rig or platform, until disembarkation onto land upon return from such installation. P Period of Insurance means the period as stated in the Schedule. Pollution or Contamination means pollution or contamination of buildings or other structures, or of water or land or the atmosphere and all damage or injury directly or indirectly caused by such Pollution or Contamination. Products means any commodity, article or thing including packaging, containers and labels sold, supplied, distributed, erected, repaired, altered, treated, installed, processed, manufactured or tested by or on behalf of the Insured and no longer in the possession or under the control of the Insured. Proposal means any information supplied by the Insured in connection with this Insurance and any declaration made in connection therewith. S Schedule means the Schedule of Insurance attaching to and forming part of this Policy. T Terrorism means any act, use or threat of force, violence or intimidation by any person, body, group, network or organisation for any political, religious or ideological purpose whatsoever. U Underlying Insurers means the Primary Policy Insurer and all insurers, if any, providing indemnity in excess of the Primary Policy Insurer up to the Underlying Limit specified in the Schedule. Underlying Policies means the Primary Policy and all policies, if any, providing indemnity in excess of the Primary Policy up to the Underlying Limit specified in the Schedule. W We/Us/Our means Dual Specialty Risks Limited Y You/Your means the Insured as stated in the Schedule. 4

5 Section 2 Public Liability Cover and Jurisdiction We will indemnify the Insured against legal liability for damages and claimant s costs and expenses in the terms of the Underlying Policies except as stated herein to the contrary either: 1. up to the Limit of Liability for all damages, costs and expenses where the Underlying Policies provide for costs and expenses to be included within the Underlying Limit; or 2. up to the Limit of Liability for all damages with costs and expenses payable in addition, where the Underlying Policies provide for costs and expenses to be payable in addition to the Underlying Limit. The liability of Underwriters for such costs and expenses shall be limited to that proportion which the amount payable under this Section excluding such costs and expenses bears to the total sum payable under all contributing policies excluding the said costs and expenses; in respect of any Event happening during the Period of Insurance in connection with the Business; provided always that: A. no indemnity will be afforded by Underwriters in respect of any judgement, award or settlement made in any country or territory which operates under the laws of the United States of America or of Canada or in respect of any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by Us in granting such cover, which offer and acceptance must be signified by an Endorsement attaching to this Policy; B. no liability shall attach to the Underwriters under this Section unless and until the Underlying Insurers have paid or have been held liable to pay the Underlying Limit in full applying to each event, accident, occurrence, happening or series or combination thereof as expressed in the Underlying Policies; C. if any aggregate Underlying Limit is exhausted by reason of claims paid by the Underlying Insurers or which they have been held liable to pay, We shall: i. in the event of partial exhaustion provide indemnity in excess of the reduced Underlying Limit; ii. in the event of total exhaustion continue this Section in force as the Primary Insurance subject to the terms of this Policy; D. in the event of the Underlying Insurers exercising a right under any policy to pay any Underlying Limit and only be liable for costs and expenses for which they are responsible, up to the time of such payment, if Weconsent in writing to proceedings continuing Uderwriters will provide indemnity in respect of costs and expenses incurred after the time of such payment for which the Underlying Insurers would have been liable had they not exercised that right. Limit of Liability Irrespective of: 1. the number of parties and/or entities entitled to indemnity; 2. the number of claimants; the total amount payable by Underwriters under this Section shall not exceed the Limit of Liability specified in the Schedule for Public Liability, except for such costs and expenses as are payable in addition to the Limit of Liability, as provided for in clause 2 under Cover and Jurisdiction above, and shall be payable in excess of the Underlying Limit. The Limit of Liability shall apply in respect of each claim, event, accident, occurrence, happening or series or combination thereof in the same manner as the Underlying Limit applies; and A. where the Underlying Limit applies in the aggregate, shall apply in the aggregate in any Period of Insurance; B. shall apply in the aggregate in any Period of Insurance in respect of all incidents considered by the Underwriters to have occurred during any such Period of Insurance in respect of Pollution or Contamination. Exclusions to Section 2 This Section will not apply to legal liability: 1. Injury sustained by Persons Employed for Injury sustained by any Person Employed arising out of and in the course of employment by the Insured in the Business. 2. Products directly or indirectly caused by, arising from or in connection with any Product. 3. JCT Clause in respect of which the Insured is required to effect insurance under the terms of JCT Clause or any revision or substitution thereof, or any clause of similar intent under any other conditions of contract. 4. Pollution or Contamination directly or indirectly caused by, arising from or in connection with Pollution or Contamination unless such Pollution or Contamination is caused by a sudden, identifiable, unintended and unexpected Event, which takes place in its entirety at a specific time and place during the Period of Insurance. 5

6 Legal Liability for damages and legal costs and expenses caused by Pollution or Contamination which arises out of a sudden, identifiable, unintended and unexpected Event which takes place in its entirety at a specific time and place during the Period of Insurance shall be deemed by the Underwriters for the purposes of this Policy to have been caused at the time such Event takes place. 5. Work Offshore arising from or in connection with any work undertaken Offshore. Section 3 Products Liability Cover and Jurisdiction We will indemnify the Insured against legal liability for damages and claimant s costs and expenses in the terms of the Underlying Policies except as stated herein to the contrary, in respect of any Event caused by any Product during the Period of Insurance; provided always that: A. no indemnity will be afforded by Underwriters in respect of any judgement, award or settlement made in any country or territory which operates under the laws of the United States of America or of Canada or in respect of any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by Us in granting such cover, which offer and acceptance must be signified by an Endorsement attaching to this Policy; B. no liability shall attach to Us under this Section unless and until the Underlying Insurers have paid or have been held liable to pay the Underlying Limit in full applying to each event, accident, occurrence, happening or series or combination thereof as expressed in the Underlying Policies; C. if any aggregate Underlying Limit is exhausted by reason of claims paid by the Underlying Insurers or which they have been held liable to pay, We shall: i. in the event of partial exhaustion provide indemnity in excess of the reduced Underlying Limit; ii. in the event of total exhaustion continue this Section in force as the Primary Insurance subject to the terms of this Policy; D. in the event of the Underlying Insurers exercising a right under any policy to pay any Underlying Limit and only be liable for costs and expenses for which they are responsible, up to the time of such payment, then if We consent to proceedings in writing continuing Underwriters will provide indemnity in respect of costs and expenses incurred after the time of such payment for which the Underlying Insurers would have been liable had they not exercised that right. 6

7 Limit of liability Irrespective of: 1. the number of parties and/or entities entitled to indemnity; 2. the number of claimants; the total amount payable by Underwriters under this Section shall not exceed the Limit of Liability in the aggregate specified in the Schedule for Products Liability during the Period of Insurance including costs and expenses, and shall be payable in excess of the Underlying Limit. Exclusions to Section 3 This Section will not apply to legal liability: 1. Injury sustained by Persons Employed for Injury sustained by any Person Employed arising out of and in the course of employment by the Insured in the Business. 2. JCT Clause in respect of which the Insured is required to effect insurance under the terms of JCT Clause or any revision or substitution thereof, or any clause of similar intent under any other conditions of contract. 3. Pollution or Contamination directly or indirectly caused by, arising from or in connection with Pollution or Contamination unless such Pollution or Contamination is caused by a sudden, identifiable, unintended and unexpected Event, which takes place in its entirety at a specific time and place during the Period of Insurance. Bodily Injury and/or loss of or damage to property caused by Pollution or Contamination which arises out of a sudden, identifiable, unintended and unexpected Event which takes place in its entirety at a specific time and place during the Period of Insurance shall be deemed by the Underwriters for the purposes of this Policy to have been caused at the time such Event takes place. Claims Conditions The following conditions precedent to liability shall apply to all Sections of this Policy unless stated otherwise. 1. Notification The Insured shall notify Us using any of the following agreed notification processes: Telephone: +44 (0) Post: Claims Department Dual Specialty Risks Queens House Micklegate York YO1 6WG. Immediatley the insured is aware of any occurence, accident or happening which may give rise to a claim or any claim made against the Insured which could involve more than 50% of the Underlying Limit or 50% of the remainder of any aggregate limit where such Underlying Limit has been eroded on an incurred basis, and shall give all such assistance as We may require. 2. Claims Control In the event of any claim arising which may involve this Policy no costs or expenses for which there may be indemnity under thispolicy shall be incurred without the written consent of Us first being obtained. Should a settlement of such claim be practicable priorto taking the case into court whether by compromise or otherwise for a sum not exceeding the Underlying Limit, no costs or expenses shall be payable by Underwriters. No settlement of any claim by agreement shall be effected by the Insured for a sum in excess of the Underlying Limit without the written consent of Us. 7

8 General Conditions The following conditions precedent to liability shall apply to all Sections of this Policy unless stated otherwise. 1. Underlying Policies This Policy is subject to the same terms and conditions as the Underlying Policies except as stated herein to the contrary. No amendment for which the Primary Policy Insurer requires an additional premium or requires the Insured to bear a part of any claim by way of an excess or coinsurance, shall be effective in extending the scope of this Policy without the written consent of Us. The Underlying Policies shall be maintained in full force and effect during the currency of this Insurance except as far only as concerns Section 2 of this Policy for the reduction of any aggregate Underlying Limit contained in such Underlying Policies by reason of claims paid thereunder. 2. Law This Policy shall be governed by and construed in accordance with the Law of England unless otherwise agreed by Us. In the event of any dispute concerning the interpretation of this Policy, both the Insured and We agree to submit to the exclusive jurisdiction of the Courts of England and to comply with all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such court. 3. Insolvency, Bankruptcy and Receivership The insolvency, bankruptcy, receivership or any refusal or inability to pay of the Insured and/or any Underlying Insurer shall not operate to: A. reduce or exhaust any Underlying Limit; B. increase Our liability under this Policy. 4. Adjustment of Premium If the premium has been calculated on estimates supplied by the Insured, the Insured shall as soon as practicable after expiry of the Period of Insurance supply Us with particulars necessary for assessment of premium. Should these particulars differ from the estimates upon which the premium has been paid, the difference in premium shall be met by a further proportionate payment or refund as the case may be subject to any minimum premium. 5. Cancellation We may cancel this Policy at any time by sending 30 (thirty) days written notice of cancellation by registered letter to the Insured at the Insured s last known address and in such event the Insured will be entitled to a refund of a proportionate part of the premium corresponding to the unexpired Period of Insurance. Such cancellation shall be without prejudice to any rights or claims of the Insured or Underwriters prior to the expiration of such notice. 6. Fraud If the Insured shall make any claim knowing it to be false or fraudulent, this Insurance shall become void and all benefit hereunder shall be forfeited. 7. Contracts (Rights of Third Parties) Act 1999 A person who is not party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 8. Interpretation In this Policy: A. reference to any statute or statutory provision and orders or regulations thereunder shall include a reference to that provision, order or regulation as amended, re-enacted or replaced from time to time whether before or after the date of the inception of this Policy; B. reference to any statutory or other body shall include the successor to that body; C. words importing the singular include the plural and vice versa and references to persons include bodies corporate or unincorporated. Words importing any gender shall include all genders; D. if any term, condition, Exclusion or Endorsement or part thereof is found to be invalid or unenforceable the remainder shall remain in full force and effect; E. the headings are for reference only and shall not be considered when determining the meaning of this Policy.

9 General Exclusions The following General Exclusions shall apply to all Sections of this Policy unless stated otherwise. This Policy will not apply to legal liability: 1. Radioactive Contamination directly or indirectly caused by, or contributed to by, or arising from: A. ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; B. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. Provided that in respect of claims arising out of Bodily Injury which form the subject of indemnity under Section 1, this Exclusion shall only apply when the Insured under a contract or agreement has undertaken to indemnify any principal or has assumed liability for Bodily Injury caused to an Employee by contract or agreement and which liability would not have attached in the absence of such contract or agreement. 2. War directly or indirectly occasioned by, happening through or in consequence of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military or usurped power whether war be declared or not. 3. Punitive and Exemplary Damages for punitive or exemplary damages or any damages resulting from the multiplication of compensatory damages. 4. Fines, Liquidated Damages, Penalty Clauses and Performance Warranties for fines, liquidated damages clauses, penalty clauses or performance warranties. 5. Terrorism directly or indirectly occasioned by, happening through or in consequence of Terrorism. 6. Asbestos directly or indirectly caused by, or contributed to by, or arising from or in connection with the inhalation of asbestos, asbestos fibres or any derivatives of asbestos, including any product containing any asbestos fibres or derivatives of asbestos. 7. North American Liability directly or indirectly occasioned by, happening through or in consequence of any Event within any country or territory which operates under the laws of the United States of America or of Canada. 8. Sanction Limitation and Exclusion Clause arising from any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America

10 Further Information Data Protection Act 1998 We may store Your information on a computer and use it for administration, risk assessment, research and statistical purposes, marketing purposes and for crime prevention (see further details below). We will only disclose Your personal details to third parties, if it is necessary for the performance of Your contract with Us. In order to assess the terms of the insurance contract or administer claims that arise, We may need to collect data that the Data Protection Act defines as sensitive, such as medical history or criminal convictions. By proceeding with this contract You signify Your consent to such information being processed by Us or Our agents. We will keep Your information secure at all times. In certain circumstances, for example for systems administration purposes, We may have to transfer Your information to another country, which may be a country outside the European Economic Area (EEA). By proceeding with Your insurance application, We will assume You agree We may transfer Your information to a country outside the EEA. Should You wish to receive a copy of the information We hold on You, please contact: The Data Protection Officer Dual Specialty Risks Limited 140 Leadenhall Street London EC3V 4QT Complaints Procedure We are dedicated to providing You with a high quality service and We want to ensure that We maintain this at all times. If You feel We have not offered a first class service please write and tell Us and We will do Our best to resolve the problem. In the first instance please contact Your broker or intermediary through whom You bought Your policy of insurance. In the unlikely event You remain dissatisfied, please contact: The Executive Chairman Dual Specialty Risks Limited 140 Leadenhall Street London EC3V 4QT In the event You wish to pursue matters further You may be able to refer the matter to The Financial Ombudsman Service. The Financial Ombudsman Service can normally deal with complaints from private individuals and small organisations; further information is available from: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Helpline: Switchboard: Website: Financial Services Compensation Scheme Insurers are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if Your Insurers cannot meet their obligations. This depends on the type of insurance the scope of Your Business and the circumstances of the claim. Further information about compensation scheme is available from the FSCS. Financial Services Compensation Scheme 7th Floor Lloyds Chambers Portsoken Street London El 8BN Telephone: Fax:

11 Country Cover Ltd Admin and Sales Office: 59 Kimbolton Rd, Higham Ferrers Northamptonsire NN10 8DU Registered Office: St Johns Street London EC1V 4PW Company No FSA Reg. No DUAL Speciality Risks Limited 140 Leadenhall Street London EC3V 4QT Registered in England and Wales No Authorised and regulated by the Financial Services Authority Part of the Hyperion Insurance Group Limited

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