Employers' Liability Insurance Policy (form Bit 2008)

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1 IT IS HEREBY NOTED AND AGREED THAT THE FOLLOWING VERSION IS A FREE TRANSLATION FROM HEBREW. IN CASE OF ANY DISCREPANCIES, THE HEBREW WORDING WILL PREVAIL. Employers' Liability Insurance Policy (form Bit 2008) Whereas the insured, whose name, address and business is stated in the schedule and/or in the specification (hereinafter the "Schedule"), applied to: Clal Insurance Co. Ltd. (hereinafter - "the insurer") requesting to effect the insurance specified in this policy; and whereas the insurer agreed to effect the insurance, as mentioned, in consideration of the insured's undertaking to pay the premium stated in the schedule; Now therefore it is hereby agreed and provided that the insurer undertakes to indemnify the insured against all sums which the insured shall become legally liable to pay as damages in consequence of the insured event caused during the period of insurance stated in the schedule subject to all conditions and exclusions contained in the policy and/or added to it with the parties' agreement. Limits of Liability: The liability of the insurer shall not exceed: (a) The sum stated in the schedule as a limit for one insured event. (b) The sum stated in the schedule as a limit of liability for all the indemnities in respect all the insured events which occurred during the period of insurance. Expenses: The insurer shall also indemnify the insured in respect of all reasonable expenses incurred in defense against a claim for damages in respect of an insured event. where for the settlements of a claim an amount exceeding the above limits of liability is requested, the insurer's liability for such expenses shall be restricted to the proportion that the limit of liability bears to the total amount paid for the settlement of the claim. This policy was issued by the insurer on the basis of an insurance proposal and/or any document and/or other information submitted to the insurer and which form a basis and an integral part of this policy. BIT EL 2008.rtf 1

2 Definitions For the purpose of this policy - Law: 1. Civil Wrongs Ordinance (New Version); 2. Defective Products Liability Law Insured event: The Policy: Deductible: Bodily, spiritual or mental injury or death, resulting from an accident or illness to one or more of the insured's employees, described in the schedule, and who is in the insured's employment - whether for wages or not - which occurred in the course of or arising out of his/their work in the insured's business. Including the Schedule, the Insured's proposal and any addendum or endorsement to the policy as attached thereto. The amount to be borne by the insured out of the sum of the indemnity and expenses payable by the insurer due to the insured event, for each insured event separately, but in respect of "occupational disease" the deductible will be for each insured person separately. The deductible will also apply on external expenses borne by the Insurer in handling a Claim and/or demand for compensation and/or notice of an event that might lead to a Claim, even if no compensation was paid on their account. BIT EL 2008.rtf 2

3 Exclusions of the Insurer's Liability The insurer shall not be liable under this policy to: A. Any liability of the insured under an agreement which would not have attached in the absence of such agreement. B. (1) Any sum claimed from the insured by the National Insurance Institute. This exclusion shall not apply to such claims if their cause arises from an omission omitted by the insured bona fide and relying on a legal opinion submitted to them on exemption from payment of national insurance dues in respect of those employees. (2) Any sum due from the National Insurance Institute in respect of the claim or payable by the Institute but has not been paid due to non compliance with any of the provisions of the National Insurance Law or its regulations or because the claim has not been submitted to it at all. But this shall not apply if the omission to comply with the law provisions or to submit the claim are done by the insured bona fide and relying on a legal opinion submitted to him on exemption from payment of national insurance dues in respect those employees or on submission of the claim. (3) Any sum for which the insured will be obliged due to an insured event under this policy, to indemnify an employee for whom the insured has no duty to pay national insurance dues. In such cases the insurer shall indemnify the insured in respect of such claims only for an amount in excess of which would have been paid by the National Insurance Institute under the National Insurance Law (Combined Version) C. Any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of, resulting from or in consequence of, or in any way involving asbestos, or any material containing asbestos in whatever form or quantity, provided that the loss or losses are caused or contributed to by the hazardous properties of asbestos D. Any liability caused by and or connected with Silicosis. E. Damage directly or indirectly occasioned by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), BIT EL 2008.rtf 3

4 sabotage and terrorism acts, civil war, rebellion, insurrection, revolution, mutiny, military regime or usurped power, military or popular uprising, plunder, looting and robbery connected therewith, confiscation or destruction by any government or public authority. For the purpose of this exclusion - "Terrorism" means - use of violence for political needs, including use of violence aimed at putting the public or any part of it in fear by a person or persons acting on behalf of or in connection with any organization hostile to the state. In respect of terrorism as defined above, in the Israeli territory &/or its held territories only an explicit confirmation of the Israeli policy or of the Ministry of Defense or of the manager of the Property Tax and compensation fund as diffident by the law of property Tax and compensation fund 1961 including all its amendments confirming that the loss was caused directly by one of these acts, shall serve as cause for repudiation of a claim terrorism damage. F. Any liability in respect of one or more of the following causes or contributed by or arising from them directly or indirectly: Any Nuclear material, Ionizing radiation or radio-active contamination from any nuclear fuel or any nuclear waste, from combustion of nuclear fuel. For the purpose of this exclusion "combustion" shall mean any self sustaining process of nuclear fission This exclusion will not apply on the use of X-ray, and the use of radioactive materials in research laboratories and hospitals, as well as for industrial non distractive tests. G. Any liability which is compulsory to insure under the motor vehicles act. H. Bodily, spiritual or mental injury or death resulting from illness which happened not in the course of and out of the work in the insured's business. I. Loss occurring outside the boundaries of the state of Israel and its held territories. The territory of Israel settlements and Israeli military bases and/or posts within the "autonomy" will be regarded as held territories in respect of this policy. BIT EL 2008.rtf 4

5 Extensions A. The policy extends to cover the insured's liability to His employees while staying temporarily outside the borders of Israel, subject to Israeli law and jurisdiction, exclusion H above is amended accordingly. B. (1) The policy covers also employees employed by the insured under special contracts whose salaries are paid by others and/or whose salaries are not paid by the insured, expressly provided that if the National Insurance is not obliged to pay compensation for these employees, than, from any compensation payable to these employees by the insured, under the provisions of the policy, a sum equal to the compensation payable by the National Insurance (or its capitalization) if the injured person was entitled to such compensation, will be deducted. (2) The sum of the salaries paid to the above mentioned employees by anybody shall be included in the annual salaries declaration submitted by the insured to the insurer for the purpose of insurance under this policy. C. This policy applies at any time during which the employee is in the employment of the insured, including - but not limited to - work interruption, whilst on the way to work and back and from one place of work to another as well as during any other act of the employee done for the purpose of the performance of work or in connection therewith, so long as he acts within the framework of his duties and needs as the insured's employee, including sport and social activities. D. This Policy is extended to cover the personal liability of the Insured's employees in respect of an event which occurred in the course of and arising out of their work in the insured business. E. The cover under this policy applies also to the insured liability which might arise from holding of weapons by himself or by his employees. Provided that anybody holding a weapon with the insured's approval has at the time of the event a valid license for carrying weapons. F. This policy extends to cover the insured's liability against contractors, sub-contractors and their employees where the insured is considered as their employer, provided that no other employers' liability insurance exists which has been effected by the insured or on his BIT EL 2008.rtf 5

6 behalf. For the purpose of this extension the definition of the insured event is changed and will cover only event occurring not in the course of and out of the work in the insured business. G. In order to avoid any doubt, it is herby clarify that this policy covers employees from the adjacent (held territories) who are working in the adjacent (held territories) and are employed by Israeli employer and this according to the a Civil Wrongs Ordinance (New Version) law and Defective Products Liability Law Exclusion B shall apply fully in respect of this employees. Should an Israeli Court decides that on the Israeli law does not apply to the occurrence circumstances, than the policy is extended to cover the insured's liability towards those employees but only according to the law applicable in the adjacent (held) territories. H. The policy extends to cover the Insured's liability towards major shareholders working as employed managers by the company and being on the payroll list of the insured and for which the insured pays national insurance, this extension shall not apply where the insured event occurred due to the sole negligence of the injured person. I. This policy extends to indemnify any person or legal entity (judicial person) whom the insured has undertaken in writing, before the occurrence of the insured event, to include as an additional insured in the employers' liability insurance affected by him. where such person or legal entity is considered as employer of the insured's employees or it is determined that he bears vicarious liability in the matter of the insured's liability against his employees. J Exclusion B shall not apply to the insured's liability towards employees which can not be insured with the national insurance institute, and/or on which the national insurance law does not apply K. Defense in criminal proceedings. The policy is extended to indemnify the insured in respect of criminal proceeding costs as follows. The insurer at his own expense will provide the insured and/or any of the insured s employees a lawyer to handle the defense in criminal proceedings, administrated against any of them following a covered insured event, occurring in the policy's insurance period. The insurer will also on his own expense provide the insured and/or any of his employees a lawyer to handle any appeal proceedings and to BIT EL 2008.rtf 6

7 represent them until the highest appellate level in respect of any decision and/or judgment imposed on them in the criminal proceeding and will also bear the expenses of the appeal. A precedent condition to provide a lawyer for the appeal as mentioned above will be a statement of opinion from the lawyer of the instance on which an appeal is wanted, Stating that there are good chances for the appeal to succeed. If the insured does not want the lawyer provided by the insurer he may choose a lawyer of his own, in such a case, the insurer will indemnify the insured for the fees and defense cost paid by him, all these subject to the insurer's limit of liability. The insurer will pay the fees and the defense costs and/or appeal costs at the end of the criminal proceeding or the appeal as the case will be. Definitions for this extension Criminal proceeding: Proceedings where criminal investigation initiated, including cause of death investigation and/or there is a lodging of an indictment by the state of Israel or on its behalf, filed against the insured or any of his employees following an insured event covered under this policy. Defense costs (including an appeal): Fees, duties documents, stamps fees, protocols, copying fees, witnesses and experts fees as decided by the court or according to the criminal procedure, needed for criminal procedures defense including verdict appeal, but excluding any fine compensation or penalties given under court decision. Fees: Lawyer s fees for criminal proceedings handling as stipulated under the regulation of the bar association (the minimum tariff) or the minimum tariff of lawyers fees. BIT EL 2008.rtf 7

8 Exclusions to this extension: The insurer shall not be obliged to provide a lawyer for defense or bear any payments if: 1. The procedure or investigation and/or indictment are in respect of an occurrence which is specifically excluded in the policy. 2. The procedure or investigation and/or indictment are in respect of an occurrence which the insured or any of his employees took part (whether by action or omission) with intention to cause the insured event. 3. The procedure or investigation and/or indictment are in respect of contractors and/or subcontractors of the insured. The insider's maximum limit of liability for this extension shall not be more than $50,000 for one occurrence and $100,000 for all occurrences during the period of Insurance. BIT EL 2008.rtf 8

9 Policy Conditions 1. Notice on loss occurrence The insured shall notify the insurer, within a reasonable time upon becoming aware of the happening of the insured event which may give rise to a claim under this policy. The duty to give notice is applicable only if the event becomes known to any of the insured's managers and/or to the insured's employee in charge of the insurance portfolio. 2. Address for notices Notices to the insured Notice by insurer to the insured on any thing connected with the policy shall be sent to his last address known to the insurer. Notice to the insurer Notice by the insured to the insurer shall be sent to the insurer at the address of his head office, mentioned in the heading of the policy or to any other address in Israel which the insurer has notified in writing (if any) from time to time. 3. Notice on Proceedings The insured shall notify the insurer, as soon as possible, on any police or other investigation on a cause of death investigation or on any indictment instituted or to be instituted, if these are known to him, in connection with any insured event in respect of which a claim may arise under this policy. 4. Delivery of documents from the insured to the insurer The insured shall deliver to the insurer, within a reasonable time after receipt, letter, summons, notice of litigation, order and any proceeding in connection with a claim for damages due to occurrence of the insured event. 5. Forbiddance of admission No admission, offer, promise, obligation or indemnity shall be made or given by the insured or on his behalf without the prior and written consent of the insurer. The provisions of this clause do not apply to BIT EL 2008.rtf 9

10 reporting the facts of the accident to the police or to any competent authority under any law as requested as well as testifying in a criminal trial. 6. Handling of claims A. Where the insurer has recognized his liability under the policy, he shall be entitled, at his discretion, to take over and conduct in the name of the insured the defense and settlement of any claim and to prosecute and receive in the name of the insured any indemnity, compensation, contribution, damages. The insurer shall have absolute discretion concerning the conduct of all proceedings or with regard to the settlement of any claim, and the insured shall give him all such information he has, and all such assistance requested regarding the matters mentioned herein. However, it is agreed that the insurer shall, as best as he can, cooperate with the insured in order not to act in a manner prejudicial to the insured's reputation or to cause him any damage. B. If the sum of the claim exceeds the limits of liability of the insurer, the insurer and the insured shall work together and without derogating from the above. The insured will have the right to participate actively in the defense. 7. Duty of Care The insured shall take all reasonable means to ensure the safety of his employees. 8. Changes of a Material fact (a) The insured shall disclose in writing, during the period of insurance, any change of a material fact within a reasonable time after he becomes aware of it. Where the insured has not disclosed to the insurer such material change, the insurer is entitled to cancel the policy or to reduce the extent of his liability under the provisions of the law. (b) A material fact is a fact in respect of which a question was put in the insurance proposal and/or any other document submitted to the insurer by the insured for the purpose of affecting the insurance. BIT EL 2008.rtf 10

11 9. Double insurance Where liability is insured against one risk with more than one insurer for coincident periods, the insured shall notify this fact to the insurer within a reasonable time after the double insurance is affected or after he becomes aware of it. 10. Payment of premium and other fees (a) The insurance premium and other fees due from the insured to the insurer shall be paid within twenty eight days from the inception date of the period of insurance at their value in N.I.S. at the representative rate of the dollar in the Bank of Israel at the date of payment. (b) Where the premium was not paid within the said period, it shall be payable at other dates expressly agreed upon, at their value in NIS at the representative rate of the dollar at the Bank of Israel at the date of payment in addition to the insurer's customary credit fees and handling fees. (c) Where any amount due from the insured to the insurer was not paid in due time, the amount overdue shall bear interest increments for the period overdue, payable to the insurer at the time of payment of the overdue amount and as an integral part thereof. (d) The insurance premium stated in the schedule is provisional and calculated on the basis of the estimated annual wages in U.S.A. dollars, payable during the period of insurance. At the expiry of the period of insurance, an adjustment of the premium shall be made according to the wages actually paid. At the insurer's request, the insured undertakes to provide to the insurer declarations on the total wages paid monthly in respect of the employees described in the schedule, according to the report to the National Insurance Institute on form 106 or its replacement. The calculation of wages in dollars shall be made at the representative rate of exchange of the dollar at the Bank of Israel at the middle day of the period of insurance. BIT EL 2008.rtf 11

12 (e) Where any amount overdue, as aforesaid, was not paid within 15 days after the insurer requested the insured to pay the same, the insurer may notify the insured in writing that the insurance will be canceled upon the lapse of further 21 days, unless the overdue amount is paid before then. The cancellation of the insurance under this clause shall not derogate from the insured's obligation to settle the amount overdue relating to the period until the said cancellation, including the insurer's expenses. The cancellation of the insurance as mentioned, shall not be prejudicial to the rights of claim under the policy in respect of a claim submitted regarding an insured event which occurred before the cancellation of the insurance. 11. The right to set-off The insurer is entitled to set off against the insurance benefits due to the insurer on the occurrence of the insured event, any sum due from the insured to the insurer, whether his debt refers to this policy or otherwise. 12. Extension of the period of insurance Any extension of the insurance under this policy requires the agreement in writing of the insurer which will be given expressly for this purpose. 13. Cancellation of Insurance (a)the insured may cancel this policy by a written notice to the insurer. The cancellation shall take effect as from the date stated in such notice, but not before the date of receipt of the notice by the insurer. On the cancellation of the contract, the premium shall be adjusted under clause 10 above, until the date of cancellation and according to the calculation the differences of the premium shall be returned or collected. (b)without derogating from the Insurer's rights by law or under any other provision in the Policy, the Insurer may cancel the insurance at any time before the expiry of the insurance at his discretion, provided that notice to this effect shall be sent to the Insured by BIT EL 2008.rtf 12

13 registered letter at least 60 days before the date of cancellation. Such notice shall entitle the Insured to a return of the premium paid by him to the Insurer for the period subsequent to the cancellation of the insurance. (c)the Insured may cancel the insurance at any time before expiry of the insurance, at his discretion, provided that a notice to this effect shall be sent to the Insurer by registered mail at least 21 days before the cancellation of the insurance. Notwithstanding the above mentioned, if the insured demanded that the insurer will sign any insurance certificate which includes obligation to cancel the insurance only after prior notification to the certificate s receiver, the policy will be canceled only after the expiry of the period stated in the certificate. Where cancellation is due to the insured s demand, the Insurer shall retain the customary short period premium for the period during which the Policy has been in force. (Namely 10% of the annual premium for each month or part thereof, plus global 10%) (d)where the Insurer cancels the insurance before the agreed expiry date and the cause of cancellation is not that the Insured has breached the contract or tried to defraud the Insurer, Insurer shall pay to the Insured the amount which would have been requested by a reasonable Insurer from a similar Insured for the same kind of insurance at the date of cancellation in proportion to the period which remained until the agreed expiry date. 14. Adjustment of wages for a previous period This policy - or its renewal - shall not waive the adjustment as stated in conditions 10(d) above for any period of insurance preceding the period of insurance. 15. Insurance Contract Law The provisions of the Insurance Contract Law shall apply to anything connected with this policy, as the case may require, unless otherwise provided in this policy. 16. Main exclusions of the Insurers Liability or the extent of cover under this policy have been highlighted. Nothing of the above mentioned will derogate from all other terms and conditions of the policy **************** BIT EL 2008.rtf 13

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