Liability insurance for Business and Properties A 2001:5. General condition Valid from

Transcription

1 h Liability insurance for Business and Properties A 2001:5 General condition Valid from

2 Liability insurance for Business and Properties A 2001:5 This being a translation, the original Swedish wording Ansvarsförsäkring för företag och fastigheter A 2001:5, shall always prevail. Insurer: Moderna Försäkringar Birger Jarlsgatan 43 Box 7830 SE Stockholm +46 (0) Swedish Companies Registration Office Corp. ID no branch of Tryg Forsikring A/S Danish Commerce and Companies Agency CVR no Klausdalsbrovej 601 DK 2750 Ballerup, Denmark These insurance conditions form part of the insurance contract between the policyholder and Moderna Försäkringar (hereafter referred to as Moderna ). The scope of the insurance is shown in the insurance contract, which comprises the insurance policy or insurance certificate, including specifications and special conditions these conditions the General Conditions of Contract (AB-DF) the Insurance Contracts Act (2005:104, FAL) other Swedish law The insurance policy or 11insurance certificate, including specifications and the insurance conditions ascribed, applies with priority over non-mandatory statutory rules. If the various parts of the insurance contract contain conflicting provisions, priority of interpretation shall apply in the order shown above, though always in such a way that special rules take preference over general rules. All conditions are arranged according to a common system, which means that numbering is not always consecutive. Italics are used when words, expressions or terms are explained in the following Chapters: 'Definitions - Explanations of General Conditions of Contract' and 'Definitions - Explanations (AB-DF)'. Liability insurance for Business and Properties A 2001: V Liability insurance The insured and insured activities When the insurance applies Where cover is provided Sum insured maximum indemnity Extent of cover Exclusions Indemnification rules Measures in the event of loss Loss adjustment provisions and time limit Date of payment of indemnity... 9 A 2001: Liability Insurance for Companies and Properties A 2001:5- Contents 2

3 V Liability insurance 1. The insured and insured activities 1.1 Insured activities The insurance refers to the activities specified in the insurance policy and covers the policyholder and other insured and their employees for loss caused while in service. 1.2 Property owner liability The insurance covers the policyholder as owner or user of or party with a right to use and enjoy an insured property and also for construction and civil engineering works executed in respect of this property. 2. When the insurance applies The insurance applies to claims for damages in respect of loss that occurs during the period the insurance is in force ('term of insurance'). Other rules that apply to the validity of the liability insurance are stated in the insurance policy. All losses in a series loss are regarded as one loss that occurred at the point in time when the first loss in the series occurred. This means that the insurance does not cover series loss when the first loss in the series occurred prior to the insurance period. The insurance also covers loss that occurs after the term of the insurance if this forms part of a series loss where the first loss that may form part of a series loss occurred during the term of the insurance and is indemnifiable under the insurance policy. 3. Where cover is provided The insurance covers loss that occurs anywhere in the world except in North America, unless otherwise stated in Items 3.1 to 3.2 or in the insurance policy. North America If a supplementary agreement has been concluded in which case this shall be stipulated in the insurance policy the insurance covers personal injury and property damage that occurs in North America or claims for damages based on the laws of tort in force in North America. 3.1 Sales and purchasing trips The insurance covers loss that occurs anywhere in the world for sales and purchasing trips and when attending conferences and fairs. 3.2 Building proprietor liability and environmental damage The insurance only covers loss that occurs within the Nordic countries for building proprietor liability and environmental damage. 6. Sum insured maximum indemnity The sum insured, which is stated in the insurance policy, constitutes the maximum indemnity that Moderna shall pay for damages, investigation, negotiation, litigation, arbitration and salvage costs. 6.1 Total obligation to indemnify Moderna s total obligation to indemnify personal injury and property damage together with financial loss that is a direct consequence of such personal injury or property damage is limited to one sum insured for each loss and in total two sums insured per insurance year, unless otherwise stated in Items 6.2 to 6.5. The sums insured stated in supplements to the liability insurance form part of the total sum insured for the liability insurance. 6.2 Several losses Series loss Loss caused by a delivered product product liability In the case of loss caused by a delivered product, indemnity is limited to one sum insured for losses resulting from the same defect in one or more products regardless of whether the losses occur during one or several insurance years. Indemnity is paid in that event up to the sum insured that applies at the time the first loss occurs. 3

4 6.2.2 Several losses from the same cause on the same occasion Total indemnity is limited to one sum insured in the event of several losses arising from the same cause and occurring on the same occasion Several environmental losses from the same cause Indemnity is limited to one sum insured in the event of several losses caused by the same activity and by the same kind of harmful impact or disturbance regardless of the year in which the claim for damages is presented. In that event, indemnity is paid up to the sum insured that applies at the time the claim for damages is first presented. 6.3 Building proprietor liability and environmental damage Building proprietor liability In the case of loss caused by construction and civil engineering works to own property, the sum insured for property and pure financial loss is SEK 1,000,000 personal injury is SEK 10,000,000 for each loss and in total per insurance year Environmental damage as a consequence of temporary faults In the case of liability for damages under the Environmental Code (1998:808) as a consequence of temporary faults, the sum insured for property damage and personal injury is SEK 10,000,000 pure financial loss is SEK 1,000,000 for each loss and in total per insurance year. 6.4 Loss under the Personal Data Act Indemnity is limited to SEK 1,000,000 for each loss in the event of liability for financial and nonfinancial loss in the case of data register liability under the Personal Data Act (1998:204, PUL). 6.5 Property in trust Indemnity is limited to SEK 2,000,000 for each loss and at most SEK 4,000,000 per insurance year for loss in respect of property in trust Loss during lifting However, indemnity is limited to five price base amounts for each loss for loss in respect of property being lifted. 6.6 Rented buildings or premises Indemnity for loss other than fire, explosion or discharge of water from installations is limited to SEK 5,000,000 for each loss and in total per insurance year loss in respect of a building or premises or part of the same that the insured is renting or leasing. 7. Extent of cover 7.1 Scope of cover The insurance applies to liability for damages in accordance with general rules governing the law of torts general regulations issued by a trade association within the insured s spheres of activity normal contracts with SJ (Swedish State Railways) or other railway administration for loss caused by rolling stock, infringement of loading gauge, traffic on sidings or use of an uncontrolled level crossing normal contracts with power suppliers where the insured has assumed liability in accordance with the law pertaining to electrical installations normal agreements with property owners on the right of use in relation to an assumption of property owner s liability 4

5 7.1.1 Personal injury and property damage The insurance covers the obligation to pay damages for personal injury and property damage together with financial loss that is a direct consequence of such personal injury or property damage. However, the insurance does not apply to financial loss as a consequence of the excluded loss if certain personal injury or property damage is excluded by the insurance policy. The insurance does not cover pure financial loss, which is defined as financial loss that arises that are not linked to anyone suffering personal injury or property damage (see however Items and 7.1.3) Loss under the Environmental Code The insurance covers the obligation to pay damages for personal injury, property damage and pure financial loss that comprises or is a consequence of environmental damage under the Environmental Code (1998:808) Building proprietor liability The insurance covers the insured in his capacity as building proprietor of property that is his own or being used when building and civil engineering works in respect of such property are being executed on behalf of the policyholder and amount to at most 20 price base amounts per insurance year Environmental damage as a consequence of temporary faults The insurance covers the insured s liability to pay damages for environmental damage under the Environmental Code (1988:808) or other laws pertaining to neighbours subject to the precondition that a temporary fault is being committed a fault has suddenly arisen in a building, plant or appliance that was unforeseen Loss under the Personal Data Act The insurance also covers liability to pay damages for financial and non-financial loss for which the insured, as controller of personal data, may be held liable under Section 48 of the Personal Data Act (1998:204, PUL). 7.2 Undertaking In the event of a claim for damages, which may be covered by the insurance and which it is estimated will exceed the applicable deductible for the loss, Moderna undertakes in relation to the insured to examine whether liability for damages exists negotiate with the party claiming damages present the insured party's case in legal proceedings or arbitration proceedings and in that case pay the litigation costs or arbitration expenses that the insured incurs or is ordered to pay and which cannot be recovered from the opposing party or any other party pay the damages that the insured party is obliged to pay Salvage costs The insurance also covers the cost of reasonable salvage measures according to the rules shown in Items to , Chapter XX of the General Conditions of Contract (AB-DF). 8. Exclusions The following exclusions apply in addition to the general exclusions under Item 39, Chapter XX of the General Conditions of Contract (AB-DF). 8.1 The insured s property The insurance does not cover loss of or damage to the insured s property. 5

6 8.2 Loss in respect of a delivered product or property The insurance does not cover: loss in respect of a product or property delivered by the insured or which the insured has undertaken to deliver costs or loss that arise in connection with examination, a complaint, removal, recovery, reinstatement, repair, replacement or withdrawal of a delivered product or property loss that can be redressed by remedying faults, shortcomings or defects in a delivered product or property. However, the insurance does cover damage to a previously erected, sold or delivered product or property if the damage has occurred as a result of the insured performing a contract that is not referable to the previous delivery agreement carrying out maintenance or service work following expiry of the guarantee period. 8.3 Commitment and guarantee The insurance does not cover loss to the extent that the liability for damages can only be based on an express or implied commitment or guarantee. 8.4 Known faults and shortcomings in investigations The insurance does not cover loss caused by a delivered product or property when the insured or its management were aware of the fault or deficiency before the loss arose and failed to take reasonable measures to prevent the loss did not have the customary investigations, tests or analyses conducted to determine the appropriateness of the product or property and this meant that defects in the product or property were not discovered. 8.5 Excluded activities Advisory services (consulting assignments) The insurance does not cover loss that arises as a consequence of faults or shortcomings in investigations, descriptions, calculations, drawings, advice or instructions provided in professional activities. 8.6 Building proprietor liability and environmental damage Building proprietor liability The insurance does not apply to loss covered by the Environmental Code (1998:808) or other rules pertaining to neighbours that the insured may be responsible for in his capacity as building proprietor in the case of groundwork and construction, civil engineering or installation work. However, this exclusion does not apply to loss under Item Environmental damage as a consequence of a gradual impact The insurance does not cover environmental damage as a consequence of a gradual impact. However, this exclusion does not apply to environmental damage under Item Traffic liability The insurance does not apply loss that is covered by the Motor Traffic Damage Act (1975:1410, TSL) or corresponding foreign legislation occurs as a consequence of the motorised vehicle being used within an enclosed area. 8.8 Vessels and liability at sea The insurance does not cover loss as a consequence of a collision caused by a vessel or by objects being towed by this vessel. 8.9 Aviation and airport liability This insurance does not cover loss owing to an aircraft or products incorporated in an aircraft ground equipment intended for use in conjunction with aviation. Nor does the insurance cover liability for which the insured may be responsible in his capacity as airport manager or in conjunction with air traffic control. 6

7 8.10 Medical products, asbestos, etc. The insurance does not cover loss caused by medical products, implants and human biological material, asbestos, PCB, tobacco or formaldehyde, diacetyl, genetically modified organisms (GMO), electromagnetic fields (EMF), ephedrine, pseudoephedrine or kava kava Claims for damages presented the United States In the event of claims for damages presented in the United States, nor does this insurance cover loss that may be deemed to be directly or indirectly, completely or to some extent, caused by latex additives such as electrodes, wire and powder or used in conjunction with welding silica dust mould or spores, matter or chemical compounds volatile or non-volatile from mould or spores Property in trust, transported, rented, etc Property in trust In the case of loss to property in trust the insurance does not cover loss to such part of the property that is damaged as a result of the part being incorrectly or inadequately attended to when performing the insured s undertakings. However, this limitation does not apply in the case of damage to property being lifted. damage to property that the insured or someone else on his behalf undertakes to erect, manufacture or store damage to property damaged as a consequence of influence to the support structure of buildings, bridges and other construction works cost of changing or replacing locks at premises or buildings in conjunction with the loss of a key in trust Transported property The insurance does not cover damage to property that the insured or someone on his behalf undertakes to transport Rented, leased, borrowed or used property The insurance does not cover damage to property that the insured or someone on his behalf rents, leases, borrows or otherwise uses. Note The above exclusion does not apply to loss in respect of a building or premises or part thereof that the insured is renting or leasing and for which the insured according to contract is not liable to take out property insurance Foreseeable loss The insurance does not cover loss caused by an act or failure to act that considering the circumstances entails a significant risk of a loss arising. However, the insurance applies if the insured can show that neither the insured nor its management are aware or should have been aware of the risk of loss Legislation, official regulation or decision The insurance does not cover loss caused by the disregard of legislation, an official regulation or decision, court judgment or decision, unless the insured can show that the insured or its management either are or should have been aware of this disregard Occupational injury and patient injury The insurance does not cover occupational injury or patient injury. This exclusion does not apply to the extent that there is a lawful right of recourse in relation to the insured Fines, liquidated damages and punitive damages The insurance does not cover fines, liquidated damages, punitive damages or other similar costs Claims between insured parties The insurance does not cover loss that the insured parties cause each other, unless otherwise stated in the insurance policy. 7

8 8.35 ERISA The insurance does not cover loss in the United States where the liability for such loss directly or indirectly has its origins in the insured s obligations or commitments under the Employee Retirement Income Security Act (ERISA) of 1974 Public Law (or any amendment or supplement to this legislation) Discrimination The insurance does not cover loss in the United States where the liability for such loss directly or indirectly has its origin in an alleged crime against federal or local legislation or other regulation that prohibits discrimination or notice of termination of employment on improper grounds such as race, skin colour, nationality, faith, gender, disability, sexual orientation or similar reason. 22. Indemnification rules Moderna shall indemnify costs and damages according to the undertaking contained in Item 7.2 salvage costs according to Item with a deduction for a deductible under Item Basic deductible An amount that constitutes the insured s deductible is deducted from the total costs for damages, Moderna s investigation, negotiation, legal proceedings, arbitration and salvage measures for every occurrence of loss. The minimum deductible for the insurance is stated in the insurance policy (basic deductible) Several losses Series loss Only one deductible the deductible that applies when the first loss occurs shall apply in the event of several losses caused by the same defect in one or more products for several losses that arise owing to the same cause and on the same occasion Environmental damage Only one deductible the deductible that applies when the claim for damages is first presented shall apply when several losses caused by the same activity and from the same kind of harmful effect or disturbance Special deductible A different deductible applies to certain claims in accordance with the following. The higher basic deductible shall apply if the basic deductible chosen is higher than the special deductibles Hot Work The deductible is 30% of the cost of the loss, though at least one price base amount and no more than ten price base amounts in the event of property damage owing to Hot Work Flammable liquids The deductible is one price base amount for property damage caused by flammable liquids and all kinds of oil Blasting work The deductible is 30% of the cost of the loss, though at least one price base amount and no more than ten price base amounts for property damage caused by blasting Building proprietor liability and environmental damage The deductible is one price base amount for each loss indemnified for building proprietor liability and environmental damage as a consequence of temporary faults under Items and North America The deductible is one price base amount for each loss that occurs in North America. 8

9 41. Measures in the event of loss In the event of loss, the insured shall take the measures shown in Item 41, Chapter XX of the General Conditions of Contract (AB-DF). 42. Loss adjustment provisions and time limit In the event of loss, the insured shall comply with the provisions shown in Item 42, Chapter XX of the General Conditions of Contract (AB-DF). 43. Date of payment of indemnity Compensation shall be paid according to the rules shown in Item 43, Chapter XX of the General Conditions of Contract (AB-DF). 9