Excess Professional Indemnity Policy Wording

Transcription

1 Excess Professional Indemnity Policy Wording

2 1. INSURING AGREEMENT MAINTENANCE OF UNDERLYING INSURANCE LIMIT OF LIABILITY CLAIM PARTICIPATION SUBROGATION - RECOVERIES NOTICE COMPANY AUTHORISATION CLAUSE ALTERATION POLICY TERMINATION TERMINATION OF PRIMARY POLICY DEFINITIONS... 6 APC Excess PI (AOC) Wording

3 In return for payment of the premium shown in the schedule, The Company agrees to insure the Insured, subject to the terms and conditions contained in or endorsed on the document, against loss or damage the Insured sustains or legal liability the Insured incurs for accidents happening during the period shown in the schedule for which the Insured has paid, or agreed to pay, the premium. When drawing up this document, the Company has relied on the information and statements which the Insured has provided in the proposal form (or declaration) on the date shown in the schedule or in any subsequent schedule issued to the Insured. The insurance relates ONLY to those sections of the document which are shown in the schedule as being included. The contract does not give, or intend to give rights to anyone else. No-one else has the right to enforce any part of this contract. The Company may cancel or change any part of the contract without getting anyone else s permission. The written authority (which number is shown in the schedule) allows Anglo Pacific Consultants (London) Ltd to sign and issue this document on The Company s behalf. Underwritten by:- Liberty Mutual Insurance Europe Limited POLICYHOLDER COMPLAINTS The Company aims to give its policyholders a high level of service at all times. If at any time the Insured has any concerns regarding its contract of insurance, the Insured should in the first instance refer to its insurance broker/intermediary or advisor, if any. IF AT ANY TIME THE INSURED HAS A COMPLAINT REGARIDNG ITS CONTRACT OF INSURANCE, PLEASE WRITE TO: The Chief Operating Officer at Anglo Pacific Consultants (London) Ltd 80 Leadenhall Street London EC3A 3DH Alternatively the Insured can contact them by telephone on It may be that Anglo Pacific Consultants (London) Ltd can resolve the Insured s complaint over the phone. However the Insured s complaint may require further investigation. If so, they will send the Insured a written acknowledgment within 5 working days stating: How the Insured s complaint will be handled Who will handle the Insured s complaint What the Insured needs to do, if anything. The Insured s complaint will be investigated by one of its trained staff. The Insured will be sent a detailed response within 4 weeks of receiving the Insured s complaint. If Anglo Pacific Consultants (London) Ltd cannot respond in this time they will write to the Insured to explain and let the Insured know when the Insured should expect to receive a response. If the Insured has any concerns in the meantime, the Insured can contact the person identified on the acknowledgment letter. Their response will either: Accept the Insured s complaint and offer some form of redress if necessary Reject the complaint giving full reasons for doing so. IF ANGLO PACIFIC CONSULTANTS (LONDON) LTD CANNOT RESOLVE THE INSUREDS COMPLAINT, OR THE INSURED REMAINS DISSATISFIED THEY CAN REFER THEIR COMPLAINT TO US IN WRITING DIRECTLY. OUR ADDRESS IS DETAILED AS FOLLOWS, PLEASE QUOTE POLICY DETAILS ON ANY CORRESPONDENCE. Liberty Mutual Insurance Europe Limited 3 rd Floor, Two Minster Court Mincing Lane London EC3R 7YE Telephone Fax APC Excess PI (AOC) Wording

4 NOT SATISFIED WITH OUR RESPONSE? Liberty Mutual Insurance Europe Limited is a member of the Financial Ombudsman Service (FOS) and, in certain circumstances; the Insured may be eligible to refer their complaint to them. Further details will be provided at the appropriate stage of the complaints process. This complaint procedure is without prejudice to the Insured s right to take legal proceedings. Please Note: The Ombudsman requires the Insured to follow Anglo Pacific Consultants (London) Ltd internal complaints procedure before the Insured refer their concerns to them, however the Insured has the right to go directly to the Ombudsman if their complaint has not been resolved within eight weeks. E.U. Disclosure Clause (UK): The Parties are free to choose the law applicable to this Insurance Contract. Unless specifically agreed to the contrary this insurance shall be subject to English Law. Data Protection Act 1998: It is understood by the Insured that any information provided to The Company by the Insured will be processed by the Company, in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling Claims, if any, which may necessitate providing such information to third parties. Effected Through: Anglo Pacific Consultants (London) Ltd, 80 Leadenhall Street, London, EC3A 3DH. FREE LEGAL ADVICE HELPLINE: As one of APCs Insured s you have access to a free legal advice helpline to help with any day-to-day queries you may have regarding any potential claims. You can access this number during normal business hours APC Excess PI (AOC) Wording

5 EXCESS PROFESSIONAL INDEMNITY INSURANCE POLICY (This is a claims made insurance policy please read carefully) Relying upon the completeness and accuracy of the statements and disclosures in the proposal form for this policy, in consideration of the payment of the premium as due and subject to the terms, provisions, limitations, conditions and exclusions of this policy, the Company agrees as follows: 1. INSURING AGREEMENT 1.1 The Company shall provide the Insured with insurance for claims first made against the Insured during the Period of Insurance and reported to the Company in accordance with Clause 6 of this policy excess of the Underlying Insurance. Coverage hereunder shall attach only after such Underlying Insurance has been exhausted by payment of claim(s) and shall then apply in conformance with the terms, conditions and exclusions contained in or added by endorsements to any other Underlying Insurance, except as specifically set forth in the terms and conditions and endorsements of this policy. In no event shall this policy grant broader coverage than would be provided by any of the exhausted Underlying Insurance. 1.2 No amendment to the Primary Policy and Underlying Insurance during the Period of Insurance in respect of which the primary or underlying insurers require an additional premium or a deductible shall be effective in extending the scope of this policy unless and until agreed in writing by the Company. 2. MAINTENANCE OF UNDERLYING INSURANCE 2.1 All of the Underlying Insurance shall be maintained during the Period of Insurance in full effect and affording coverage at least as broad as the Primary Policy, except for any reduction of the aggregate limit(s) of liability available under the Underlying Insurance solely by reason of payment of losses thereunder. Failure to comply with the foregoing shall not invalidate this policy but the Company shall not be liable to a greater extent than if this condition had been complied with. 2.2 In the event of any actual or alleged a) failure by the Insured to give notice or to exercise any extensions under any Underlying Insurance; or b) misrepresentation or breach of warranties by any Insured with respect to any Underlying Insurance; the Company shall not be liable hereunder to a greater extent than it would have been in the absence of such actual or alleged failure, misrepresentation or breach. 3. LIMIT OF LIABILITY The amount set forth as the Sum Insured in the schedule is the limit of liability of the Company and shall be the maximum liability of the Company for each claim as defined in the Primary Policy. 4. CLAIM PARTICIPATION The Company may, at its sole discretion, elect to participate in the investigation, settlement or defence of any claim against any of the Insured for matters covered by this policy even if the Underlying Insurance has not been exhausted. The Insured shall upon request give to the Company such information and documentation as the Company may require in connection with any claim and shall provide full cooperation in the investigation, settlement, defence and resolution thereof. 5. SUBROGATION - RECOVERIES In the event of any payment under this policy, the Company shall be subrogated to all the Insured s rights of recovery against any person or organisation, as stated in the Primary Policy, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. 6. NOTICE 6.1 In the event that any claim or loss (including costs and expenses incurred in the defence, investigation or settlement of any claim or loss) exceeds or appears likely to exceed 50% of the limit of liability available under the Primary Policy and Underlying Insurance, such claim or loss shall be notified immediately to the Company. 6.2 Notwithstanding Clause 6.1, the Insured must provide notice to the Company of all claims and circumstances which may give rise to a claim before the end of the Period of Insurance. 6.3 The Company shall be given notice in writing as soon as is practicable a) in the event of the cancellation of any Underlying Insurance; and b) of any notice given or additional or return premiums charged or paid in connection with any Underlying Insurance. 6.4 Notice of any claim shall be given in writing to the Claims Department of:- Anglo Pacific Consultants (London) Ltd 80 Leadenhall Street London EC3A 3DH

6 Tel: Fax: COMPANY AUTHORISATION CLAUSE By acceptance of this policy, the named Insured in the schedule agrees to act on behalf of any other Insured with respect to the giving and receiving of notice of claim or cancellations, the payment of premiums and the receiving of any return premiums that may become due under this policy; and any other Insured agrees that the named Insured in the schedule shall act on their behalf. Policy duly given by the primary insurer shall serve as notice of the cancellation or non-renewal of this policy by the Company. 11. DEFINITIONS 11.1 Primary Policy means the policy specified as the primary policy in the schedule Underlying Insurance means all those policies set out in the schedule. Authorised by a Company Official 8. ALTERATION No change in or modification of this policy shall be effective except when made by written endorsement signed by an authorised employee of Liberty Mutual Insurance Europe Limited. Sean Patrick Rocks Chief Executive Officer Liberty Mutual Insurance Europe Limited 9. POLICY TERMINATION 9.1 This policy may be terminated prior to the expiration of the Period of Insurance stated in the schedule by: a) the Insured at any time by written notice or by surrender of this policy to the Company; or b) or on behalf of the Company by delivery or by mailing to the Insured, by registered, certified or other first class mail at the address shown in the schedule, written notice stating when, not less than thirty days thereafter, the cancellation shall become effective. The mailing of such notice as aforesaid shall be sufficient proof of notice and this policy shall terminate at the date and hour specified in such notice. 9.2 If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 9.3 The Company shall refund the unearned premium computed at customary short rates if the policy is terminated in its entirety by the Insured. Under any other circumstances the refund shall be computed pro rata. 10. TERMINATION OF PRIMARY POLICY This policy shall terminate immediately upon the termination of the Primary Policy, whether by the Insured or the primary insurer. Notice of cancellation or non-renewal of the Primary APC Excess PI (AOC) Wording