QBE Insurance (Europe) Limited Public Liability for owners of Horses & Ponies

Transcription

1 QBE Insurance (Europe) Limited Public Liability for owners of Horses & Ponies Arranged by Underwritten by Authorised and regulated by the Financial Services Authority

2 The Company s Head Office and registered address is: QBE International Insurance Limited 4th Floor, Corn Exchange, 55 Mark Lane, London EC3R 7NE Tel: [Fax: ] Registered in England No Home State - United Kingdom Authorised and regulated by the Financial Services Authority Registration Number

3 QBE Leisure & Sport IMPORTANT NOTICE TO THE INSURED: Please read this Policy carefully to ensure that it is in accordance with your requirements and that you understand its terms and conditions. QBE Leisure & Sport should be contacted immediately if any correction is necessary It is understood and agreed that the Company may hold documents relating to this insurance and any claims under it in electronic form and may destroy the originals. An electronic copy of any such document will be admissible in evidence to the same extent as, and carry the same weight as, the original QBE INTERNATIONAL INSURANCE LIMITED SOUTH ESSEX INSURANCE BROKERS LTD PUBLIC LIABILITY INSURANCE POLICY FOR OWNERS OF HORSES & PONIES SUMMARY OF CONTENTS Page 2 Page 3 Page 5 Page 7 Page 12 Definitions General Conditions General Exclusions Public Liability Complaints Procedure The Insured named in the Schedule having made a Proposal which shall be the basis of this contract and having paid the premium or agreed to pay the premium at the date of inception of this contract the Company agrees to provide the Insurance described in each Section (if stated in the Schedule as being insured) subject to the terms and conditions and exclusions contained in this Policy and provided that the liability of the Company shall not exceed the relevant Limit(s) of Liability stated in the Schedule. The Policy and Schedule and any specifications forming part of any Section shall be read together as one contract. Unless agreed otherwise by The Company English law will apply to this Policy DATE July 2005 SIGNED FOR AND ON BEHALF OF QBE INTERNATIONAL INSURANCE LIMITED 1

4 DEFINITIONS These definitions shall apply to all sections of this policy unless stated otherwise here and/or in the separate sections of the Policy. For the purposes of this Policy: Company 1. shall mean QBE International Insurance Ltd. Insured 2. shall mean the individual named in the Schedule. Policy 3. shall mean and include: (a) (b) (c) (d) All information provided to the Company as part of a proposal for issue/renewal or amendment of the insurance as set out in this document. All terms, provisions, exclusions, conditions, sums insured, and limits of indemnity as set out in this document. The schedule, notices and other documents as they arise. All endorsements issued and incorporated in this document. Period of Insurance 4. shall mean the period specified in the Schedule and/or any other period agreed by the Company. Proposal 5. shall mean any signed proposal form or declaration and/or any information in connection with this insurance supplied by or on behalf of the Insured in addition thereto or in substitution therefore whether at the time of acceptance or prior or subsequent thereto. Injury 6. shall mean bodily injury and includes death, illness and disease, excluding all allegations of defamation and injury to feelings. Offshore 7. shall mean, from the time of embarkation by an Employee on to a conveyance at the point of departure to an offshore rig or offshore platform until disembarkation by the Employee from a conveyance onto land upon return from an offshore rig or offshore platform. Pollutants 8. shall mean, any (solid, liquid, gaseous or thermal) irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. Horse 9. shall mean any horse, pony, donkey, mule, ass or jennet specified in the Schedule. 2

5 GENERAL CONDITIONS APPLICABLE TO ALL SECTIONS (UNLESS STATED OTHERWISE) Schedule 1. The Schedule (which shall include any subsequent Renewal Schedule) and incorporation the Sections shall be deemed to be incorporated in and form part of this Policy and the expression "this Policy" wherever used in this Contract shall be read as including the said Schedule and Sections. Limits of Liability 2. The Limit(s) of Liability shall not be increased by any extension, endorsement or amendment to this Policy unless the increase is specified in the extension, endorsement or amendment. Compliance with 3. The due observance and fulfilment of the terms and conditions of this Conditions Policy and of any endorsements hereto so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company to make any payment under this Policy. Misrepresentation 4. In the event of the Company being entitled at any time to avoid this Policy by reason of any non-disclosure and/or misrepresentation by the Insured in the Proposal for this Insurance the Company may at its election give notice to the Insured that they regard this Policy as being in full force and effect, save that there shall be excluded from the Indemnity afforded under the Policy any claim which has or may arise and which is in any way related to the information which should have been disclosed and/or the matters misrepresented to the Company. The Policy shall then continue in full force and effect but shall be deemed to exclude the particular claim or possible claim referred to in the notice, as if this exclusion had been specifically endorsed on the Policy Alteration 5. This Policy shall be avoided if there is any alteration: 5.1 in the Insured Horse or horse drawn trailer or in the Premises or property therein or in any other circumstances whereby the risk of loss, destruction or damage is materially increased; 5.2 whereby the Insured's interest ceases except by will or operation of law; or unless such alteration is agreed to in writing by the Company. Precautions 6. The Insured shall take all reasonable precautions: 6.1 to comply with all regulatory and other obligations imposed by authority And 6.2 to prevent any occurrence which may give rise to a claim under this Policy Fraud 7. If a claim is fraudulent in any respect or if fraudulent means are used by the Insured or by anyone acting on behalf of the Insured to obtain any benefit under this Policy all benefit under this Policy shall be forfeited. Other Insurance 8. If the liability which is the subject matter of a claim under this Policy is more specifically insured under any other insurance, the Company shall not be liable under this Policy, except in respect of any excess beyond the maximum amount which would be payable under such other insurance had this Policy not been effected. Arbitration 9. If any dispute arises as to the amounts to be paid under this Policy (liability having been admitted) the dispute will be referred to an arbitrator appointed by the parties or in default of agreement between the parties by the President of the Chartered Institute of Arbitrators. 3

6 Cancellation 10. If you are buying this insurance as a private individual or sole trader, including a partnership in England and Wales, 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, whichever is the later. To cancel please write to the address or call the number shown on your policy schedule. On receipt of your notice of cancellation, we will refund any premiums you have already paid less a pro rata charge for the period on insurance provided. 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 buying this insurance as a private individual or sole trader there are no cancellation rights under this policy on your part but we may issue 7 days written notice of cancellation at any time by recorded delivery letter to your last known address. Your policy will continue to apply until the expiry of the notice and we will return to you a proportionate share of the premium. In either case we will send notice as appropriate to the relevant Government Department. Subrogation 11. Any claimant under this Policy shall at the request and expense of the Company provide such information and co-operation as the Company may require and shall take and permit to be taken all necessary steps for the enforcing of rights against any other party in the name of the Insured before or after any payment is made by the Company. Several Liability 12. The subscribing Insurers obligations under this Policy are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing Insurers are not responsible for the subscriptions of any co-subscribing Insurers whatsoever. Jurisdiction and Disputes Clause 13. Any dispute between the Company and the Insured (or anyone claiming benefit under this Policy) concerning this Policy, its validity or the interpretation of the terms, conditions, limitations and/or exclusions contained will be decided in accordance with the law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction. Deductible clause 14 The Insured will bear the amount of any Deductible stated in this Policy and any amount or amounts will be payable by the Insured before the Company will be liable to make any payment. Discharge of Liability 15. The Company may at any time pay to the Insured the amount of the Limit of Indemnity (after deduction of any sums already paid as damages) or any lesser amount for which any claim may be settled and on payment the Company will relinquish conduct and control of the claims except for recoverable expenses of litigation. The Company will be under no further liability in connection with these claims except for other costs and expenses incurred with its written consent in respect of matters prior to the date of such payment. 4

7 GENERAL EXCLUSIONS This Policy does not cover: War 1. Any liability, loss, destruction, damage, consequential loss or injury directly or indirectly occasioned by, happening through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, nationalisation, confiscation, requisition, seizure or destruction by the government or any public authority. Radioactive Contamination 2. Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to by or arising from: Date Recognition Clause 3. (i) (ii) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof This Policy does not cover any liability, loss, destruction, damage, cost, claim, expense or consequential loss of whatsoever nature directly or indirectly caused by, consisting of arising from or relating to: (A) any actual or alleged failure or inability of any Computer Equipment whether or not owned by or in the possession of the Insured: 1) to correctly recognise or to correctly process (including but not limited to capture save retain calculate compare interpret record retrieve sequence read store manipulate write to media determine distinguish convert transfer or execute) Date/Time Material; or 2) to correctly recognise or to correctly process (including but not limited to capture save retain calculate compare interpret record retrieve sequence read store manipulate write to media determine distinguish convert transfer or execute) any data or information as a result of the treatment of any Date/Time Material by such equipment or by any command or instruction which is or has been programmed or in any other manner entered into it. (B) (C) any actual or alleged failure to provide or inadequacy of any services whether provided by the Insured or any other person or persons due to any actual or alleged failure or inability described at paragraph (A) above any advice consultation design evaluation inspection installation maintenance alteration repair replacement or supervision provided or done by the Insured or for or on behalf of the Insured to determine rectify or test for any potential or actual problem described at paragraph (A) above For the purpose of this Clause: (1) Computer Equipment means: (a) computer hardware, including microprocessors (b) computer application software (c) computer operating systems or related software 5

8 (d) (e) (f) (g) computer networks microprocessors (computer chips) not part of any computer system any other computerised or electronic equipment any other equipment which directly or indirectly contains uses or relies upon in any manner any of the items listed at (a) to (f) above. (2) Date/Time Material means dates times or data or information or command or instruction that in any manner depends upon is contingent upon is derived from or incorporates any date or time irrespective of the manner by which it is stored recorded or entered Excluded Activities 4. Any liability, loss, destruction, damage, consequential loss or injury directly or indirectly occasioned by any activity that is not within the normal course of owning a Horse or horse drawn trailer unless specifically agreed by the Company 6

9 PUBLIC LIABILITY The Company will indemnify the Insured against their liability to pay compensation including claimant s costs and expenses in respect of: (a) Accidental injury to any person except i) that arising out of and in the course of his employment by the Insured under a contract of service or apprenticeship ii) any member of the Insured s family iii) any agent or licensee of the Insured (b) (c) Accidental loss of or damage to Property Interference with or loss of enjoyment of Property as a result of obstruction trespass or nuisance occurring within the Territorial Limits in connection with the Insured Horse or any horse drawn vehicle during the Period of Insurance. Nothing contained in the above will be deemed to increase the Limit of Indemnity beyond the amount stated in the Schedule. DEFINITIONS Damage Property Territorial Limits Limit of Indemnity EXTENSIONS shall mean physical loss or damage to Property shall mean property which is both physical and tangible shall mean Great Britain, Northern Ireland, the Isle of Man and the Channel Islands shall mean the limit (inclusive of costs and expenses) applicable to this section of the Policy as stated in the Schedule and is the maximum amount payable by the Company in respect of any one claim and/or series of claims arising from the same incident. Unless stated the following Extensions are subject to the Terms and Conditions and Exceptions of this Policy 1. Extended Indemnity The Company will also indemnify subject to the terms and conditions of this Policy (a) (b) (c) Personal Representatives In the event of the death of any individual entitled to an indemnity under this Policy in respect of any liability incurred, the Personal Representatives of any such person who themselves claim indemnity under this Policy Costs and Expenses All other costs and expenses incurred with its written consent in diminution of the Limit of Indemnity. Indemnity to Other Persons If so requested by the Insured Any person riding driving or leading the Insured Horse on the Insured s order or with his permission. 7

10 EXCLUSIONS The Company will not indemnify the Insured under this section against 1. Contractual Liability liability which attaches by virtue of a contract or agreement but, which would not have attached in the absence of a contract or agreement. 2. Fines, Liquidated Damages,Penalties fines or liquidated damages or amounts under any penalty clause. 3. Employees liability to any Employee in respect of Injury arising out of and in the course of his employment by the Insured or to any other person indemnified under Section 1 of this Policy. 4. Custody or Control damage to (i) (ii) Property belonging to the Insured or in the custody or under the control of the Insured or of any Employee (other than personal property belonging to visitors, directors, employees, partners of the Insured) that part of any Property on which the Insured or any Employee or agent of the Insured is or has been working where the damage results from such work 5. Deliberate Acts liability caused by or arising from any deliberate act or omission by or on behalf of the Insured and which would reasonably have been expected by the Insured having regard to the nature and circumstances of the act or omission. 6. Crafts and Vehicles liability arising out of the ownership possession or use by or on behalf of the Insured or caused by any craft designed to travel in or through air, space or water or any mechanically propelled vehicles (for which no specific indemnity is provided by extension) 7. Advice, Professional Services liability caused by or arising from (i) (ii) advice, design or specification given by or on behalf of the Insured for a fee professional services rendered by or on behalf of the Insured 8. War any consequence of war, invasion, act of foreign enemy hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, or military or usurped power. 9. Radio Activity any liability of whatsoever nature directly or indirectly caused or contributed to by or arising from (i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel (ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 10. Punitive or Exemplary Damages liability for any award of punitive or Exemplary damages whether as fines, penalties, multiplication of compensatory awards of damages or in any other form whatsoever 11. USA/Canada any liability to pay compensation arising out of a decision of any court made in accordance with the laws of the United States of America or Canada 8

11 12. Offshore liability arising Offshore 13. Gradual any liability for or consequent upon Environmental Impairment (i) Injury or Damage to Property, directly or indirectly arising out of the gradual discharge dispersal release or escape of Pollutants, (ii) (iii) the cost of removing nullifying or cleaning up Pollutants which have been gradually discharged dispersed released or escaped fines penalties or exemplary damages arising directly or indirectly out of the gradual discharge dispersal release or escape of Pollutants occurring anywhere in the world. 14. Sexual Abuse any allegations of rape or sexual abuse of any nature whether proven or otherwise 15. Terrorism liability for all actual or alleged losses, liabilities, damages, injuries, defence costs or expense(s) directly or indirectly arising out of; contributed by, caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence of the loss: a) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, revolution, rebellion, insurrection, uprising, military or usurped power, confiscation by order of any public authority or government du jure or de facto, martial law; or b) riots, strikes or civil commotion; c) any act of terrorism For purposes of this exclusion, an act of terrorism means an activity that i) involves a violent act or the unlawful use of force or an unlawful act dangerous to human life, tangible or intangible property or infrastructure, or a threat thereof; and ii) appears to be intended to I) intimidate or coerce a civilian population, or II) III) IV) disrupt any segment of the economy of a government de jure or de facto, state, or country, or overthrow, influence, or affect the conduct or policy of any government de jure or de facto by intimidation or coercion; or affect the conduct or policy of any government de jure or de facto by mass destruction, assassination, kidnapping or hostage-taking. This exclusion also excludes from coverage all actual or alleged losses, liabilities, damages, injuries, defence costs, costs or expenses directly or indirectly arising out of, contributed by, caused by, resulting from, or in connection with any action taken in controlling, preventing, suppressing, retaliating against, or respond to (a), (b) and or (c) above. If the Company allege that by reason of this exclusion any actual or alleged losses, liabilities, damages, injuries, defence costs, costs or expenses is not covered by this policy the burden of proving the contrary shall be upon the Insured 9

12 16. E-Commerce any liability In the event of any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. a) arising from loss, alteration or impairment of, or damage to, information and/or data in electronic form b) arising from malicious acts of any person carried out by electronic means c) for defamation or harassment carried out by electronic means but this exclusion shall not apply in respect of liability for any ensuing accidental Bodily Injury (save for mental injury or mental disease) or accidental Damage which is not otherwise excluded 17. Hostile Countries a) any work on board or whilst travelling in any aircraft flying to or from a hostile country b) any work undertaken in a hostile country provided that this exclusion shall not apply (i) (ii) in respect of that part of a flight undertaken in United Kingdom airspace in the event of an emergency which creates an immediate threat to the safety of the flight requiring diversion to a hostile country. In respect of this extension to indemnity, The Limit of Indemnity is reduced to 1,000,000 each and every cause and in the aggregate during any one period of insurance. For the purpose of this exclusion a hostile country is defined as a territory designated by the Foreign and Commonwealth Office as one: a) to which personnel should not travel b) that personnel should leave 18. Hazardous Materials liability directly or indirectly arising from or caused by a) the supply of, use of or work with materials and products containing asbestos or polychlorinatedbyphenols, or b) magnetic electric or electromagnetic fields or radiation 19. Toxic Mould Injury or damage, caused by or arising out of, alleging or attributable to the existence of mould, fungus/fungi, spore(s), mildew(s), mushroom(s), yeast(s), or biocontaminent(s) or any by-product therefrom. 20. Walls, Fences, damage to any wall, fence, hedge, gate, land or crops arising out of the ownership or Gates, Crops use by the Insured of any Horse unless caused by the straying or bolting of the Horse. 21. Family Members liability to any member of the Insured s Family in respect of Injury or Damage arising from the Horse or horse drawn trailer specified in the schedule. For purposes of this exclusion, Family shall mean Parent, Grand Parent, Partner, Spouse, child or grandchild, Siblings and their partners, spouses or children. 22. Protective Headgear Injury to any person not wearing the appropriate headgear whilst riding, including mounting and dismounting. 10

13 23. Hire & Reward the carrying on of any trade business or profession or use of the Insured Horse or horse drawn trailer for hire or reward (other than stud fees) SPECIAL CONDITIONS Limit of Indemnity Claims Procedures Claims Conditions The liability of the Company for all damages in respect of any one claim or series of claims arising from one occurrence shall not exceed the Limit of Indemnity as specified in the Schedule. In the event of a claim or an occurrence likely to give rise to a claim under this Policy you must notify South Essex Insurance Brokers Claims Department immediately (in accordance with the Claims Conditions below) by calling or writing to Claims Department, South Essex House, North Road, South Ockendon, Essex RM15 5BE. In the event of an accident involving Personal Injury please ensure you make all endeavours to take written and signed witness from the injured person (s) (where appropriate) at the time of the event and ensure your accident report book is recorded in accordance with Health and Safety Regulations. In the event of a claim or an occurrence likely to give rise to a claim under this Section 1. The Insured and/or person claiming to be indemnified must: a) Notify the Company in writing within 14 days giving full particulars of all occurrences detailing if a formal claim has been intimated. b) Notify the Company in writing immediately once the Insured has knowledge of any impending prosecution inquest or fatal accident inquiry in connection with any occurrence for which there may be liability under this Policy. c) Forward to the Company immediately on receipt, every letter, claim, writ, summons or process. d) Give all information, documented records and assistance as the Company may require, to comply with litigation procedures and disclosure of documents. 2. The Company will be entitled to have the sole conduct and control of all claims and legal proceedings. 3. The Insured and or person claiming to be indemnified under the Policy will not negotiate, admit liability or make promise or payment in respect of any claim or occurrence without the written consent of the Company. 4. The Company will be entitled to prosecute in the name of the Insured and/or person claiming to be indemnified but for the Company s benefit any claim for damages or indemnity. 11

14 COMPLAINTS PROCEDURE QBE International Insurance Limited strives to provide an excellent service to all its customers but occasionally things can go wrong. QBE take all complaints seriously and endeavours to resolve all customers problems promptly. To ensure its service meets customers expectations all comments received are recorded and analysed to facilitate continuous improvement to its service. What you should do? The steps you should take if you are not satisfied: 1. If you have a question or complaint about this insurance or the conduct of your intermediary please contact your intermediary in the first instance, see policy schedule for details 2. If you wish to contact QBE directly then please contact us at our Head Office as follows: Managing Director QBE International Insurance Limited 4th Floor, Corn Exchange, 55 Mark Lane, London EC3R 7NE Tel: , Fax: Registered in England No If you are still not satisfied please write to: Chief Executive Officer QBE International Insurance Limited 4th Floor, Corn Exchange, 55 Mark Lane, London EC3R 7NE, Tel: , Fax: Registered in England No Please quote your policy number or claim number as appropriate in any correspondence 4. If, after making a complaint, you feel that the matter has not been resolved to your satisfaction and you are an eligible complainant, you may contact: The Financial Ombudsman Service South Quay Plaza 2, 183 Marsh Wall, Docklands, London E14 9SR if you are not an eligible complainant then the informal complaint process ceases. Making a complaint to the Financial Ombudsman Service (FOS) does not affect your rights under this policy. What QBE will do if you complain Following a full investigation a nominated representative will attempt to resolve your complaint and reply, with a decision, within 5 working days after receipt of your complaint. In cases requiring a more detailed investigation it may not be possible to reach a decision within this timeframe. If this is the case QBE will contact you and provide an estimated date for a decision. In any event this will not be longer than 20 working days from the date of your complaint. If you are dissatisfied with the outcome you may write to QBE s Chief Executive Officer. If you are still unhappy with the decision you may have a right to refer the complaint to the Financial Ombudsman Service (FOS). 12

15 The FOS will only consider a complaint if QBE have been given an opportunity to resolve it and you are an eligible complainant. Eligible complainant are a private policyholder, or commercial policyholder or charity with a turnover under 1m, or trust with assets under 1m If eligible, and QBE have not responded with a decision within 40 days, you may refer the complaint directly to the FOS. Please note that if you wish to refer your complaint to the FOS this must be done within 6 months of the QBE final response letter. Authorised and regulated by the Financial Services Authority Registration Number: enquiries@qbe-europe.com 13

16 A better way to insure South Essex House, North Road, South Ockendon, Essex RM15 5BE T: SEIB Apr 05 Rev 1 South Essex Insurance Brokers Ltd. are authorised and regulated by the Financial Services Authority.