CHUBB INSURANCE COMPANY OF EUROPE SE

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1 CHUBB INSURANCE COMPANY OF EUROPE SE 106 Fenchurch Street, London EC3M 5NB, England Telephone: +44 (0) Facsimile: +44 (0) Website: EXCESS EMPLOYERS LIABILITY INSURANCE POLICY CHUBB INSURANCE COMPANY OF EUROPE SE Registered Office: 106 Fenchurch Street, London, EC3M 5NB, United Kingdom. A European company incorporated in England & Wales registered under company number SE13. Authorised and regulated by the Financial Services Authority.

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3 COVERAGE Subject to all the provisions of this Policy, the Company agrees to indemnify the Insured as shown in Item 1 of the Declarations for Loss resulting from an occurrence occurring during the Policy Period and insured by each and all of the Underlying Insurance. The insurance afforded by this Policy shall apply only in excess of the Underlying Insurance: All the provisions of the Underlying Insurance are hereby incorporated into this Policy unless they conflict with any provision of or any Endorsement to or Exclusion in this Policy. In the event of such conflict, the provisions of this Policy shall apply. DEFENCE 1. The Company is under no obligation to investigate, settle or defend any claim made, or proceedings instituted against the Insured. The Company shall, however, have the right to participate in the defence and trial of any claims, or in proceedings which relate to any occurrence which the Company considers may give rise to liability under this Policy. The Company shall NOT defend any claim or proceedings after the Limit of Liability stated in Item 4 of the Declarations has been exhausted. 2. When defence costs of the Underlying Insurance reduce the Limit of Liability provided by the Underlying Insurance, then any such defence costs made under this Policy will reduce the Limit of Liability stated in Item 4 of the Declarations. LIMITS OF LIABILITY The total Limit of Liability for Loss from any one occurrence shall NOT exceed the amount specified in Item 4 of the Declarations. EXCLUSIONS This Policy will NOT apply to Offshore Work. CONDITIONS Occupational Disease Where any Loss arises from occupational disease due to an exposure to a hazard of employment then any one Loss in respect of any one employee arising out of this exposure shall be considered as one occurrence. CCI/CAS/EXCESSEL/08/2C-POL CCICAS2C Page 1 of 3

4 Cancellation The Company may cancel this Policy at any time by mailing to the Insured's last known address a notice of cancellation not less than 30 days (ten days in the event of a non-payment of premium) in advance of the effective cancellation date. Notice of cancellation will state the date on which cover will cease. Duties in the Event of Occurrence, Claim or Proceedings Conditions precedent to the liability of the Company to indemnify the Insured under this Policy are that: a. the Company and the insurers of any Underlying Insurance: i are notified as soon as possible of any occurrence which may result in a claim under this Policy or any Underlying Insurance; ii receive notice of any claim or proceedings as soon as possible; iii are afforded such assistance as may reasonably be required to enforce any right against any person or organisation which may be liable; iv receive the Insured's full cooperation. b. neither the Insured nor any person or organisation make any admission of liability or incur any expense or make any payment without the written consent of the Company. c. the Company shall be entitled at its option to take over, conduct, or prosecute in the name of the Insured the defence or settlement of any claim for the Company's own benefit and shall have full discretion in the conduct of any proceedings and in the settlement of any claim. Maintenance of Underlying Insurance During the Policy Period, the Insured shall maintain the Underlying Insurance in full force. In particular: a. Underlying Insurance shall NOT be cancelled or allowed to lapse; b. renewals or replacements of Underlying Insurance shall NOT be more restrictive in cover; c. no provision of the Underlying Insurance shall be changed without prior approval of the Company; Failure by the Insured and/or underlying insurers to comply with this condition will not invalidate this Policy but in the event of such failure the Company will be liable only to the same extent as if there had been compliance with this condition. Subrogation The Company shall be subrogated to all the Insured's rights of recovery against any person or organisation before or after any payment under this insurance. The Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after Loss to prejudice such rights. When a Loss is Payable This Policy will NOT apply until the Underlying Insurance has paid the full amount of underlying limit for an occurrence which is covered by this Policy. CCI/CAS/EXCESSEL/08/2C-POL CCICAS2C Page 2 of 3

5 DEFINITIONS Loss sums actually paid or sums which the Insured is legally obliged to pay including defence costs in the settlement or satisfaction of a claim to which this Policy applies after making deductions for all possible recoveries. Offshore Work any work which takes place on a site other than on the mainland of Great Britain and includes transit from mainland Great Britain to or from any offshore site, vessel or installation. Underlying Insurance the policy or policies as stated in Item 5 of the Declarations. CCI/CAS/EXCESSEL/08/2C-POL CCICAS2C Page 3 of 3

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