Hotel Owners and Operators Comprehensive General Liability Insurance Wording

Transcription

1 Hotel Owners and Operators Comprehensive General Liability Insurance Wording Reference: HooP Policy 2014 Version Operative Clause IN CONSIDERATION of the Insured, carrying on the Business described in the Schedule and no other for the purposes of this insurance, paying the Premium to the Company and having made a Proposal which shall be the basis of this contract and is deemed to be incorporated herein. THE COMPANY subject to the Terms, Exclusions and Conditions contained herein or endorsed hereon by Memorandum agree to indemnify the Insured against their liability to pay compensation and/or damages (including claimants costs, fees and expenses) in accordance with the law of any country, unless such indemnity is prohibited by law, but not in respect of any judgement, award or settlement made within countries which operate under the laws of the United States of America or Canada (or to 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 the Company in granting such cover, which offer and acceptance must be signified by specific Memorandum to this Policy. This indemnity applies only to such liability during the Period of Insurance as defined by each insured Section of this Policy in respect of occurrences happening anywhere within the Geographical Limits set forth in the Schedule. The Company will also pay Defence Costs in respect of any Occurrence to which this Policy applies. Insuring Clause Section A: Public Liability The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Bodily Injury and/or Property Damage and/or Advertising Liability occurring during the Period of Insurance which arises in connection with the Business of the Insured but not against claims arising out of or in connection with any Products as defined. Section B: Products Liability The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Bodily Injury and/or Property Damage occurring during the Period of Insurance but only against claims arising out of or in connection with any Products and not against claims for which indemnity is afforded by Section A whether or not such Section is insured by this Policy. The Company will also indemnify the Insured against all Defence Costs arising under Section A and Section B above. Such Defence Costs are covered in addition to the policy limit globally, other than those Defence Costs which arise from claims made in the United States of America, where they are covered within the limit of indemnity.

2 Definitions 1. Bodily Injury Means personal injury, sickness, disease or death and shall include but not by way of limitation mental injury, mental anguish, shock, false arrest, invasion of the right of privacy, wrongful detention, false imprisonment, false eviction, wrongful eviction, malicious persecution, libel and slander or defamation of character, assault and battery committed for the purposes of preventing or eliminating danger to persons or property. 2. Advertising Liability Means Injury arising out of an offence committed during the Policy period occurring in the course of the Insured s advertising activities, if such injury arising out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition or idea misappropriation under an implied contract, or infringement of copyright, title or slogan. 3. Property Damage Means a) Damage or destruction of tangible property not owned by the Insured including the loss of use thereof resulting therefrom; b) Loss of use of tangible property not owned by the Insured which has not been damaged or destroyed. c) Nuisance trespass or interference with any easement of air, light, water or way d) Hiring liability 4. Product Means any property after it has left the custody or control of the Insured which has been designed, specified, formulated, manufactured, constructed, installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of the Insured. Product shall also be deemed to include food and/or liquor and/or drink served by or on behalf of the Insured in the course of Business. 5. Employee Means any person under a contract of service or apprenticeship with the Insured including but not limited to a) any person under a contract of service or apprenticeship with some other employee and who is hired to or loaned to or borrowed by the Insured; b) any labour masters and persons supplied by them; c) any person engaged by labour only sub-contractors; d) any self-employed person performing work of a kind ordinarily performed under a contract of service or apprenticeship with the Insured; e) any person supplied to the Insured under a contract or agreement the terms of which deem such person to be in the employment of the Insured for the duration of such contract or agreement; f) any part time, contingent, temporary or seasonal staff, volunteers, work experience students and trainees; whilst working for the Insured in connection with the Business of the Insured.

3 6. The Business of the Insured Means any activity in which the Insured shall engage as owners, managers and operators of hotels including but not limited to a) the provision of catering including the sale or supply of food, liquor, and/or drink; b) the provision of sports social and welfare organisations and fire, first-aid, Incidental Medical Assistance, or ambulance services by the Insured and the repair and maintenance of the Insured s premises; c) private work undertaken by the Insured s Employees for any director partner or senior executive of the Insured; d) the ownership or operation of lifts, elevators, escalators or hoists but only so far as this liability is not otherwise insured; e) ownership or operation of car parking facilities at or in relation to the Insured s premises or Business. f) ownership or operation of Health Clubs, Gymnasiums, Spas, Beauty Salons, Hairdressing Salons and other concessionaires, resorts and leisure facilities 7. Proposal Means any signed proposal form and declaration and any information in connection with this insurance supplied by or on behalf of the Insured in addition thereto, or in substitution thereof, whether at the time of acceptance or prior or subsequent thereto. 8. Pollutants Means any solid liquid gaseous or thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. 9. Automobile Means a land motor vehicle, trailer or semi-trailer. 10. Occurrence Means with respect to subsection a) of the Definition of Bodily Injury and with respect to Property Damage any event including continuous or repeated exposure to substantially the same general conditions which results, during the Period of Insurance, in such Bodily Injury or Property Damage neither expected not intended from the standpoint of the Insured. All Occurrences arising directly or indirectly from one source or original cause shall be deemed one Occurrence. In case of doubt, such Bodily Injury or Property Damage shall be deemed for the purpose of this Policy to have resulted:- a) for Bodily Injury subsection a) on the earliest date on which a person consulted a physician complaining of symptoms subsequently diagnosed to have been caused by the Occurrence; b) for Property Damage, on the earliest date on which a person can be proved to have knowledge of such losses subsequently identified to have been caused by the Occurrence. With respect to the Definition of Bodily Injury, any act or series of acts of the same or similar nature committed during the Period of Insurance which causes such Bodily Injury. Any such act or series of acts regardless of the frequency thereof or the number of claimants shall be deemed one Occurrence. With respect to Advertising liability an act or series of acts in which the same or similar advertising material is used, regardless of the number or kind of media used, committed during the Period of Insurance which causes all such damages involving the same Advertising Liability injurious

4 material or act, regardless of the frequency of repetition thereof, the number or kind of media used, or the number of claimants shall be deemed to arise out of one Occurrence. 11. Insured Means the firm or other organisation as per Item 2 of the Schedule including any subsidiary companies of the Insured that are in existence at the inception date of the insurance and have been declared to the Company until such time as they may be sold or otherwise disposed (but not excluding any liabilities incurred prior to disposal); and; a) the partners and/or directors or members of the Insured or employees during the period of insurance or thereafter; b) former partners and/or former directors and/or former members and/or former employees of the Insured; c) any retired partner, director or member of the Insured remaining as a consultant to the Insured; d) the estate, heirs and executors and/or legal/personal representatives of those parties mentioned above in the event of their death, incapacity, insolvency or bankruptcy for legal liabilities incurred due to any act, error or omission of such deceased, incompetent or bankrupt person. e) Any person engaged by the Insured to provide courier/tour guides and valet parking unless more specific insurance applies f) Any person officer committee member or voluntary helper of the Insured s catering social sports educational and welfare facilities first aid medical security fire and ambulance services gymnasium spa salons 12. Policy period Means the period shown in Item 3 of the Schedule Extensions 1. Indemnity to Principals / Additional Insured The indemnity granted extends to:- a) any party who enters into an agreement with the Insured for any purpose of the Business, but only to the extent required by such agreement to grant such indemnity and subject always to Exclusion 4 and Exclusion 15 a); b) officials of the Insured in their business capacity arising out of the performance of the Business and/or in their private capacity arising out of their temporary engagement of the Insured s employees; c) any person or firm arising out of the performance of a contract with the Insured constituting the provision of labour only; d) the personal representatives of any person indemnified by reason of this Clause 1 in respect of liability incurred by such person. e) Provided always that such persons or parties shall observe, fulfil and be subject to the Terms, Conditions and Exclusions of this Policy as though they were the Insured. 2. Cross Liabilities Each person or party indemnified is separately indemnified in respect of claims made against any of them by any other, subject to the Company s total liability not exceeding the stated Indemnity Limits.

5 3. Indemnity Limits The Company s total liability to pay compensation and/or claimants costs, fees and expenses shall not exceed the sum stated in Item 5 of the Schedule against each Section in respect of any one Occurrence or series of Occurrences arising from one originating cause but under Section B the limits applies to the total amount payable in respect of the Period of Insurance. 4. Defence Costs The Company will also pay all costs, fees and expenses incurred with its consent by the Insured in the defence or settlement of any claim under this Policy Defence Costs include legal expenses:- a) arising out of representation at any Coroner s inquest or Fatal Accident Inquiry or criminal proceedings relating to any Occurrence which may or may not give rise to a Claim under this policy; b) arising out of the defence of any proceedings in a Court of Summary Jurisdiction in respect of matters which may form the subject of indemnity by this Policy c) The defence of the Insured or, at the request of the Insured, any person against charges of causing death or injury Defence Costs will be payable in addition to the Indemnity Limits unless this Policy is specifically endorsed to the contrary. 5. New Acquisitions Subject to an additional premium to be mutually agreed between the Insured and the Company, that:- a) where a new company or venture is formed, acquired or for which the Insured have management control, other than a company domiciled in the United States of America or Canada, then indemnity hereunder will, subject to the terms, conditions and exceptions of this Policy, automatically apply to such company or venture subject to advice to the Company of such company or venture within one month of cover attaching hereunder; b) notwithstanding a) above where a new company or venture is formed, acquired, or for which the Insured have management control and which has similar operations as the Insured, other than a company domiciled in the United States of America or Canada, the Company agrees to automatically cover the difference in terms, conditions and limits of any existing insurance until a decision is made by the Insured as to whether the new acquisition is to be insured under this Policy; such decision to be made within 1 (one) month of acquisition. It is further hereby noted and agreed that such automatic cover set forth in a) and b) will only apply if the turnover of the company or venture does not exceed 10% of the anticipated revenue of the Insured declared at the inception of this Policy to the Company. 6. United States of America Jurisdiction This Policy is extended to include any judgment, award, payment or settlement made under the laws of the United States of America (or to any order made anywhere in the world to enforce such judgment, award, payment or settlement either in whole or in part) subject to the following additional terms, conditions and exclusions with respect thereto: a) Defence Costs are included within the Limit of Indemnity and not in addition thereto. b) Regardless of any other provision of this insurance, this insurance does not apply to punitive or exemplary damages. c) This insurance does not cover any liability for Pollution as follows: d) personal injury or bodily injury or loss of, damage to or loss of use of property directly or indirectly caused by seepage, pollution or contamination

6 e) the cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances f) fines, penalties, punitive or exemplary damages. 7. Watersports (owned/operated by the Insured) This Policy is extended to include Legal Liability of the Insured arising out of the provision by the Insured of activities taking place in or on water whether involving watercraft or not provided that. a) Water sports shall be inclusive of organised Snorkelling activities. b) Warranted that disclaimers are signed by all participants. c) This Policy excludes liability arising out of the use of Jet Skis / Wet Bikes unless agreed by the Company in writing d) Coverage for scuba diving is to apply in excess of the Scuba Diving Operators / Concessionaires own policy and/or USD 500,000 any one event whichever the greater or alternative minimum excess as agreed by the Company. 8. Recreational Activities - Horse Riding This Policy is extended to include the Insured s Legal Liability arising out of the provision by the Insured of horse riding activities Provided that a) it is a condition precedent to liability under this Policy that i. the wearing of hard hats shall be compulsory for all participants in horse riding activities ii. disclaimers/waivers of liability in favour of the Insured shall be signed by all participants in horse riding activities b) in the event of the horse riding activities being operated by a concessionaire this Policy is to apply solely in excess of the limits of indemnity applicable to the concessionaire s own Public Liability policy or policies which shall not be for less than USD 100,000 any one occurrence or series of occurrences arising from one source or original cause. 9. Brand / Reputational Protection This Policy is extended to cover the Insured s costs and expenses in defending and/or responding to adverse publicity following a Bodily Injury or Property Damage occurrence where the Insured may or may not be legally liable. The total amount payable under this Extension is as shown in the Schedule of Sublimits All circumstances, costs and expenses in respect of this extension to be agreed by the Company prior to cover being granted in respect of this extension. 10. Hiring Agreements This Policy is extended to indemnify the Insured in respect of any liability under hiring agreements on the understanding that machinery will be hired under the terms no more onerous that the standard form of Contractors Plant Association, Lorry Mounted Crane Association or similar contract conditions. If machinery is hire for re-hire the Insured shall re-hire on the same conditions as apply to the original hiring. 11. Marine Liability Notwithstanding Exclusion 14, this Policy is extended to indemnify the Insured in respect of liability arising from the ownership, management, possession or use of:- a) Any river boat b) Manually propelled Watercraft c) Watercraft up to 25 metres in length on inland waterways or coastal waters

7 d) Floating restaurants and other retail operations e) Barges and canal vessels f) Pedalos and other leisure craft and equipment but excluding Jet Skis or Wet Bikes g) Piers and Jetties - Including liability arising from the Insured s ownership and/or operation and/or maintenance of piers and jetties, including water and power supply services. However, this policy excludes piloting, foul berthing, fuelling of vessels and demurrage. 12. Movement of Third Party Vehicles This policy is extended to indemnify the Insured in respect of Bodily Injury and Property Damage and Defence Costs arising from a) The parking or movement of customers, guests or visitors vehicles b) the driving or movement of any third party vehicle which is interfering with the performance of the Insured s Business, provided that i. the Insured shall attempt to trace the owners or drivers of the vehicle prior to their removal ii. a minimum amount of force shall be used in the removing of such vehicles. 13. Occupation of Domestic Accommodation This Policy is extended to indemnify the Insured against any liability resulting from the occupation of domestic accommodation by managers, Employees and other persons residing in them. 14. Legal Defence costs for Prosecution The Company will pay legal costs and expenses incurred by the Insured, or at the Insured's request by any Employee director or partner of the Insured, for the defence of a prosecution (including an appeal against a conviction) for a breach of: a) The Health and Safety at Work Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978; b) Part II of the Consumer Protection Act 1987; c) The Food Safety Act 1990; d) Section 13 of the Data Protection Act 1998 e) The Corporate Manslaughter and Corporate Homicide Act 2007 or any subsequent legislation in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man and any legislation of a similar nature committed or alleged to have been committed during the Policy Period in the course of the Business provided that the prosecution is brought in a court within Great Britain, Northern Ireland, the Channel Islands or the Isle of Man and there is an insurable interest due to the strong likelihood of a civil claim arising out of the circumstance giving rise to the prosecution. This Extension shall not apply to a) fines or penalties imposed by any court b) proceedings consequent upon any deliberate act or omission c) any order under Data Protection legislation for i. rectifying, rewriting or erasing of data ii. data causing damage or distress where the Insured has failed to register under the Data Protection Act 1998 or has failed to comply with or is in contravention of a notice under Section 10 or 12 of the Act iii. recording, processing or provision of data for reward or the determining of the financial status of a person. The total amount payable under this Extension is as shown in the Schedule of Sublimits

8 15. Care Custody and Control / Garage Keepers Liability / Innkeepers Liability This Policy is extended to indemnify the Insured against any liability arising out of Property Damage in the Insured s care custody or control at a) premises (or the contents thereof) temporarily occupied by the Insured for work therein, or other property temporarily in the Insured s possession for work thereon (but no indemnity is granted for damage to that part of the property on which the Insured is working and which arises out of such work); or b) directors and employees and visitors and guests clothing and personal effects on the premises of the Insured; at c) premises tenanted by the Insured to the extent that the Insured would be held liable in the absence of any specific agreement (noted that any cover in respect of damage to the hotel itself is always excluded from cover); or d) any automobile or any contents of or accessory on such automobile whilst in the Insureds custody or control, other than for the purposes of parking (valet or otherwise), provided such automobile is neither owned, leased or rented by the Insured or their Employees; or e) loss or damage to property of guests whilst stored in a safe deposit box on the premises of the Insured. The total amount payable under this Extension is as shown in the Schedule of Sublimits 16. Concessionaires This policy is extended to indemnify in the event a Hotel operator is held liable for the negligent actions of Concessionaires. Including liability of Concessionaires, contractors and sub-contractors; however cover to apply in excess of Concessionaires own policies and/or minimum excess attachments as applicable to this insurance. Indemnity to Concessionaires to apply on a Difference in Conditions basis. Claims brought against the Insured arising from the activities of Concessionaires, contractors and sub-contractors are indemnified hereon subject to policy deductibles, always subject to the terms, conditions and exclusions hereon. 17. Excess Motor and/or Automobile Liability (owned and non-owned) Notwithstanding Section A exclusion 1, this policy is extended to indemnify the Insured in respect of any amounts in excess of the limits of liability under any motor insurance policy issued to indemnify the Insured against legal liability for Personal Injury or Third Party Property Damage incurred in connection with the Business. This policy shall apply excess of primary local statutory policies or USD100,000 whichever is the greater. In the event that the local statutory policy has restricted coverage, this policy will provide difference in conditions cover excess of USD100,000.

9 Conditions 1. Interpretation This Policy and the Schedule shall be read together as one document and any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear. Any phrase or words in this Policy and Schedule shall be in accordance with the law of England & Wales. 2. Alteration and Amendment The Insured shall give notice to the Company of any material alteration or change in circumstances affecting the risk covered by this Policy and until the Company shall have agreed in writing to accept liability for such altered risk the Company shall not be liable in respect of any Bodily Injury and/or Property Damage and/or Advertising Liability due altogether or in part to any such alteration or change. 3. Precautions The Insured shall take all reasonable precautions to prevent an Occurrence as defined herein and shall take all reasonable steps:- a) to comply with all applicable statutory requirements and to maintain their ways, works, machinery, plant and premises in good order and repair; b) to ensure that their products are free from defect and fit for the purpose intended before possession thereof is relinquished to others. 4. Claims Procedure In the event of any occurrence which may give rise to a claim under this Policy:- a) the Insured shall:- i. give written notice thereof in accordance with Item 10 of the Schedule (and full particulars of the Occurrence) to the Company as soon as possible; ii. notify the Company in writing immediately he/they shall have the knowledge of any impending prosecution, inquest or fatal accident inquiry in connection with any Occurrence for which there may be liability under this Policy; iii. forward to the Company immediately on receipt every written notice or information as to any verbal notice claim and any communication whatsoever relating to the Occurrence; iv. give all such information and assistance as the Company may require. It is hereby understood that knowledge of an Occurrence by an agent, servant or Employee of the Insured shall not in itself constitute knowledge by the Insured of an Occurrence unless the Insured s director or officer responsible for insurance shall receive notice from its agent, servant or Employee. b) the Insured shall NOT negotiate admit liability or make any promise payment or settlement without the Company s written consent; c) the Company shall be entitled: i. if and so long as it desires, to have the sole conduct and control of any claim and legal proceedings relating thereto and shall have full discretion in the settlement of any claim; ii. to prosecute in the name of the Insured but for the Company's benefit any claim for compensation or indemnity.

10 5. Discharge of Liability The Company may in respect of any Occurrence covered by this Policy pay to the Insured the amount of the Limit of Indemnity for any one Occurrence but deducting therefrom any sum or sums already paid in respect of such Occurrence, or any lesser sum for which the claim or claims arising from such Occurrence can be settled and the Company shall thereafter be under no further liability in respect of such Occurrence except for the payment of costs and expenses incurred prior to the date of such payment and for which the Company may be responsible hereunder. 6. Non Contribution This Policy does not cover liability which forms the subject of insurance by any other policy and this Policy shall not be drawn into contribution with such other insurance. However if the limits(s) of indemnity of such other policy are less than the limit of Indemnity of this Policy then this Policy, subject to its terms, Conditions, limitations, definitions and exclusions, shall indemnify the Insured for the difference between the limit(s) of indemnity of such other policy and the Limits of Indemnity of this Policy and shall bear a rateable proportion of such Defence Costs as may be incurred in the defence or settlement of any claim involving this Policy and such other policy. 7. Premium Adjustment If the First and Annual Premium under this Policy have been calculated (wholly or in part) upon estimates furnished by the Insured, the Insured shall keep proper records containing all particulars relative thereto and the Company shall be allowed to inspect such records at all reasonable times. The Insured shall within one month from the expiry of each Period supply to the Company such particulars as the Company may require, whereupon the premium for such Period shall be adjusted and the difference paid by or allowed to the Insured as the case may be, subject to any Minimum Premium proviso in the Schedule. 8. Cancellation The Company may cancel this Policy by sending sixty days notice by recorded delivery letter to the Insured at his/their last known address. In such event the Company shall make a return of the proportionate part of the Premium in respect of the unexpired Period of Insurance or if the Premium has been based wholly or partly on any estimates, the Premium shall be adjusted in accordance with Condition Compliance with Conditions The due observance and fulfilment of the terms, Conditions and Memoranda of this Policy and of any Endorsements hereon in 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 under this Policy. 10. Currency The premiums and losses under this Policy are payable in the currency stated in Item 8 of the Schedule. Payment of Premium shall be made as stated in Item 9 of the Schedule. 11. Jurisdiction It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Insured, will submit to the jurisdiction of any Court of competent jurisdiction within the territory stated in Item 7 of the Schedule and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practise of such Court.

11 12. Fraudulent Claims If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise this Policy shall become void and all claim hereunder shall be forfeited. 13. Legislation Clause In this Policy references to any statutory provision are to be construed as references to that statutory provision as amended supplemented re-enacted or replaced from time to time and are to include any orders regulations instruments or other subordinated legislation made under or deriving validity from that statutory provision in so far as they can apply. 14. Other Interests It is understood and agreed that various other parties may be interested in the insurance provided by this Policy in which case the Insured undertakes to declare the identity, nature and extent of any interest of such party at the time of any loss. Exclusions This Policy does not cover liability arising from: 1. Radioactive Contamination directly or indirectly caused by or contributed to by or arising from:- a) ionising radiations 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. 2. War This Policy does not cover Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or Nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 3. Deductible For the Deductible as shown in Item 6 of the Schedule in respect of the first amount of each claim (or series of claims arising out of one originating cause) arising out of Property Damage or Personal injury. If any Product from one prepared or acquired batch causes damage to property of or Bodily Injury to more than one person, the Property Damage or Bodily Injury to all persons resulting from that common cause shall be considered as arising out of one originating cause. 4. Liquidated Damages / Penalties For claims arising out of liquidation damages clauses, penalty clauses or performance warranties unless proven that liability would have attached in the absence of such clauses or warranties. 5. Advice This policy does not cover any liability arising out of any error or inadequacy in instruction, advice, information or professional service where such advice has been rendered for a fee.

12 6. Gradual Environmental Impairment In respect of Occurrences happening anywhere in the world, other than in the United States of America or Canada or any territory within their jurisdiction or any country which operates under the laws of the United States of America or Canada, this Policy does not cover any liability for or consequent upon:- a) Bodily Injury or Property Damage or financial loss directly or indirectly arising out of the discharge, dispersal, release or escape of Pollutants; b) the cost of removing, nullifying or cleaning up of Pollutants; c) fines, penalties, punitive or exemplary damages arising directly or indirectly out of the discharge, dispersal, release or escape of Pollutants. Notwithstanding the foregoing this Policy shall cover liability otherwise excluded under paragraphs a) and b) above which arises from a sudden identifiable unintended and unexpected happening which takes place in its entirety at a specific time and place during the Period of this Policy provided that all discharges, dispersals, release or escape of Pollutants arising from one incident shall be deemed for the purposes of this Policy to have occurred at the time such incident takes place. This Clause shall not extend this Policy to cover any liability which would not have been covered under this Insurance had this Clause not been attached. 7. Contractual Liability assumed under any contract and/or agreement in respect of:- a) Damage to Contract or Temporary Works to be executed by the Insured and/or their Subcontractors, and/or to any materials, plants, tools and other property for use in connection therewith; b) Injury or Damage arising from or caused by Products Unless such liability would have attached in the absence of such contract or agreement. 8. Employers Liability / Workmen s Compensation Act a) in respect of Bodily Injury sustained by any Employee arising out of or in the course of employment by the Insured in the Business; or b) in respect of which statutory compensation is payable under any Workmen s Compensation Ordinance or similar legislation. 9. Asbestos Liability For Bodily Injury or Property Damage, caused by or contributed to or alleged to be caused by or contributed to in whole or in part directly or indirectly by a) the manufacture of or mining of or use of or existence of or exposure to asbestos or from articles containing asbestos fibres or dust or from contamination caused by asbestos or articles containing asbestos fibres or dust b) any obligation to defend any claim suit or action against the Insured alleging Bodily Injury or Property Damage resulting from the manufacture of or mining of or use of or existence of or exposure to asbestos or from articles containing asbestos fibres or dust or from contamination caused by asbestos or articles containing asbestos fibres or dust 10. Wilful Acts for any loss, destruction or damage occasioned by the wilful act or with the connivance of the Insured nor shall the Company be liable for any liability which results from a deliberate act or

13 omission of the Insured and which could reasonably have been expected, having regard to the nature and circumstances of such act or omission. 11. Pathogenic Organism a) for loss of destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss or b) against any legal liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from any Pathogenic Organism Definition relating to the above Exclusion For the purposes of this Exclusion pathogenic organism shall include but not be limited to the following Mould or fungi or its spores bacteria yeasts mildew algae mycotoxins or any other metabolic products enzymes or protein secreted by the above whether toxic or otherwise. (This Clause does not apply to Legionella) 12. Sanction Limitation and Exclusion Clause The Company shall not be deemed to provide cover and the Company shall not be liable to pay 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 that insurer 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. Section A Specific Exclusions This Section does not cover liability for claims arising out of:- 1. Automobile the ownership possession or use by or on behalf of the Insured of any automobile for which compulsory insurance is required by legislation, other than claims:- a) caused by the use of any tool or plant forming part of or attached to or used in connection with any automobile; b) arising beyond the limits of any carriageway or thoroughfare caused by the loading or unloading of any automobile; c) for damage to any bridge, weighbridge, road or anything beneath caused by the weight of any automobile or of the load carried thereon; 2. Aircraft & Watercraft The ownership possession or use by or on behalf of the Insured of any airborne craft or waterborne craft or vessel (other than manually propelled waterborne craft) but this exclusion shall not apply to the loading or unloading (passengers and cargo) of any airborne craft or waterborne craft or vessel or to waterborne craft or vessels not exceeding 25 metres in length on inland waterways or in coastal waters whether or not such waterborne craft or vessel is at permanent moorings for the purpose of the Business or used for business entertainment. Coastal Waters to be defined as within one mile of the coast of the territory where the Insured operates.

14 3. Owned Property Damage damage to property owned leased or hired by or under hire purchase or on loan to the Insured. 4. Advertising Liability a) failure in performance of contract; b) infringement of trade mark, service mark or trade name by use thereof as the trade mark, service mark or trade name of goods or service sold, offered for sale or advertised but this shall not relate to titles or slogans; c) incorrect description of any articles of commodity; d) mistake in advertised price; e) to any injury arising out of any act committed by the Insured with actual malice. Section B Specific Exclusions This Section does not cover liability for claims:- 1. Products Guarantee for costs incurred in the repair, reconditioning, modifying or replacement of any part of any Product which is or is alleged to be defective; 2. Products Recall arising out of the recall of any Product or part thereof; 3. Aircraft Products arising out of any Product which with the Insured s knowledge is intended for incorporation into the structure, machinery or controls of any aircraft, except where specifically stated to be included in the Business. Complaints Procedure What the insured should do? The insurer strives to provide an excellent service to all its customers but occasionally things can go wrong. The insurer takes all complaints seriously and endeavours to resolve all customers problems promptly. If the insured has a question or complaint about this insurance or the conduct of its intermediary they should contact that intermediary in the first instance. If the insured wishes to contact the insurer directly the insured should write to the following complaints address: Customer Relations QBE European Operations Plantation Place 30 Fenchurch Street London EC3M 3BD Please quote the policy number or claim number as appropriate in any correspondence.

15 If, after making a complaint, the insured feels that the matter has not been resolved to its satisfaction then if the insured is an eligible complainant the insured may contact: The Financial Ombudsman Service, South Quay Plaza 2, 183 Marsh Wall, Docklands, London E14 9SR. Making a complaint to the Financial Ombudsman Service (FOS) does not affect the insured s rights under this policy, but if the insured is not an eligible complainant then the informal complaint process ceases. About the Financial Ombudsman Service (FOS) Eligible complainants are a a) private policyholder, or b) commercial policyholder or charity with a turnover under GBP1m, or c) trust with assets under GBP1m The FOS will only consider a complaint if the insured is an eligible complainant and if: a) the insurer has been given an opportunity to resolve it and b) the insurer has sent the insured a final response letter and the insured has referred its complaint to the FOS within six (6) months of the insurer s final response letter or c) the insurer has not responded to the insured s complaint with a decision within forty (40) days. Financial Services Compensation Scheme The Company Market and Lloyd s underwriters are covered by the Financial Services Compensation Scheme. The insured may be entitled to compensation from the Scheme if the insurer is unable to meet its obligations under this contract. Entitlement to compensation under the Scheme depends on the type of business and circumstances of the claim. Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme 7th floor, Lloyds Chambers, Portsoken Street, London E1 8BN or from their website ( Data Protection Disclosure under the Data Protection Act 1998 The insurer records and holds data in accordance with the Data Protection Act 1998 and follows strict security procedures in the storage and disclosure of information provided to prevent unauthorised access or loss of such information. The insurer may find it necessary to pass data to other firms or businesses that supply products and services associated with this policy. The insurer collects non-public personal information about the insured and any other insured party from the following sources: a) information the insurer receives from the insured on applications or other forms; b) information about the insured s transactions with the insurer, its subsidiary, parent and or other group companies, or others; c) information the insurer receives from consumer reporting agencies. The insurer does not disclose any non-public personal information relating to the insured and/or any other insured party to anyone except as is necessary in order to provide its products or services to the insured or otherwise as it is required or permitted by law (e.g. a subpoena, fraud investigation, regulatory reporting etc.). Further, by accessing and updating various databases the insurer may share information with other firms and public bodies, including the police, in order to substantiate information and prevent or detect fraud. If

16 false or inaccurate information is provided and fraud is suspected this fact will be recorded and the information will be available to other organisations that have access to the databases. Details of databases accessed or contributed to are available on request. The insurer restricts access to non-public personal information relating to the insured and/or any other insured party to its employees, its subsidiary, parent and or other group companies, their employees or others who need to know that information to service the insured s account. The insurer maintains physical, electronic, and procedural safeguards to protect the insured s non-public personal information. As a consequence any non-public personal information disclosed to one such employee or company is not deemed disclosed to all such employees or companies.