Residential Property Owners Insurance (Fast Trade)

Transcription

1 Resdental Property Owners Insurance (Fast Trade)

2 Useful Telephone Numbers Clams Helplne (24 hours) The Clams helplne can be used by anyone wshng to report a clam on any of Avva s new commercal products. As soon as you know about the problem you face - we wll start to put the solutons n place. Legal and Tax Helplne (24 hours) Call ths helplne anytme, day or nght, for advce on any UK legal or tax matters. Gven n confdence, the advce s free - all you pay for s the prce of the call. Rsk Servces Helplne (offce hours) Advce on safety, fre, securty and other rsk related ssues. Nnety per cent of queres are dealt wth on the spot, and we guarantee an answer wthn one workng day. Counsellng Servce A counsellng servce s avalable for your staff to help them deal wth stuatons such as bereavement, dvorce or even bullyng at work. Please have your polcy number ready. Telephone Call Recordng For our jont protecton telephone calls may be recorded and/or montored. Onlne nformaton For useful nformaton and assstance n managng your property portfolo, vst USERNAME landlord PASSWORD yellow

3 Introducton Thank You for choosng Us as Your nsurer. Ths s Your Resdental Property Owners polcy, settng out Your nsurance protecton n detal. Please read t carefully to make sure that t meets Your requrements and that the detals on the polcy Schedule are correct. Your premum has been based upon the nformaton shown n the polcy Schedule and recorded n Your statement of fact. If after readng Your polcy You have any questons, please contact Your Insurance advser. 1

4 Contents Ths polcy s made up of ndvdual Sectons. It should be read together wth Your current Schedule whch ndcates the Sectons You are Insured under and gves precse detals of Your Insurance protecton. The Contract of Insurance 3 Complants Procedure 4 Our Promse of Servce 4 Important Informaton 5 Polcy Defntons 6 Asset Protecton 9 Property Damage 9 Revenue Protecton 16 Loss of Rent and Alternatve Accommodaton Expenses 16 Asset and Revenue Protecton 17 Terrorsm Secton 17 Legal Labltes 19 Employers Lablty 19 Publc and Products Lablty 22 Polcy Exclusons 28 Polcy Condtons 31 2

5 The Contract of Insurance Your polcy s a contract between Us, and You, the Polcyholder. The statement of fact and declaraton whch You have accepted wll be the bass of the contract. In return for You havng pad or agreed to pay the premum, We wll ndemnfy You by payment or, at Our opton, by renstatement or repar n respect of loss, destructon, damage, accdent or njury occurrng durng the Perod of Insurance, subject to the terms and exclusons contaned n or endorsed on the polcy. IMPORTANT Ths polcy s a legal contract. You must tell Us about any facts or changes whch affect Your nsurance and whch have occurred ether snce the polcy started or snce the last renewal date. If You are not sure whether certan facts are relevant please ask Your Insurance advser. If You do not tell Us about relevant changes, Your polcy may not be vald or the polcy may not cover You fully. You should keep a wrtten record (ncludng copes of letters) of any nformaton You gve Us, when You renew ths polcy. 3

6 Complants Procedure Our Promse of Servce Our goal s to gve excellent servce to all Our customers but We recognse that thngs do go wrong occasonally. We take all complants We receve serously and am to resolve all Our customers problems promptly. To ensure that We provde the knd of servce You expect We welcome Your feedback. We wll record and analyse Your comments to make sure We contnually mprove the servce We offer. What wll happen f You complan We wll acknowledge Your complant promptly. We am to resolve all complants as quckly as possble. Most of our customers concerns can be resolved quckly but occasonally more detaled enqures are needed. If ths s lkely, We wll contact You wth an update wthn 10 workng days of recept and gve You an expected date of response. What to do f You are unhappy If You are unhappy wth any aspect of the handlng of Your nsurance We would encourage You, n the frst nstance, to seek resoluton by contactng Your nsurance advser or usual Avva pont of contact. If You are unhappy wth the outcome of Your complant You may refer the matter to the Fnancal Ombudsman Servce (FOS) at: The Fnancal Ombudsman Servce South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: (free from landlnes) or (free from most moble phones) Or smply log on to ther webste at Whlst We are bound by the decson of the FOS, You are not. Followng the complants procedure does not affect Your rght to take legal acton. 4

7 Important Informaton Choce of Law The approprate law as set out below wll apply unless You and Us agree otherwse: 1. The law applyng n that part of the Unted Kngdom, Channel Islands or the Isle of Man n whch you normally lve or (f applcable) the frst named polcyholder normally lves; or 2. In the case of a busness, the law applyng n that part of the Unted Kngdom, Channel Islands or the Isle of Man where t has ts prncpal place of busness; or 3. Should nether of the above be applcable, the law of England and Wales wll apply. Customers wth Dsabltes Ths polcy and other assocated documentaton s also avalable n large prnt, audo and Bralle. If you requre any of these formats please contact Your Insurance advser. Use of Language Unless otherwse agreed, the contractual terms and condtons and other nformaton relatng to ths contract wll be n Englsh. Fnancal Servces Compensaton Scheme We are covered by the Fnancal Servces Compensaton Scheme (FSCS). You may be enttled to compensaton from the scheme f we cannot meet our oblgatons. Ths depends on the type of busness and the crcumstances of the clam. Further nformaton about the scheme s avalable from the FSCS webste or wrte to Fnancal Servces Compensaton Scheme, 7th floor Lloyds Chambers, Portsoken Street, London E1 8BN. 5

8 Polcy Defntons Each tme We use one of the words or phrases lsted below, t wll have the same meanng wherever t appears n Your polcy unless We state otherwse. A defned word or phrase wll start wth a captal letter each tme t appears n the polcy e.g. Employee, except for headngs and ttles. Each Secton of the polcy contans defntons whch apply to that partcular Secton and they must be read n conjuncton wth the followng polcy defntons. Computer and Electronc Equpment All computers, computer nstallatons and systems, mcrochps, ntegrated crcuts, mcroprocessors, embedded systems, hardware, and any electronc equpment, data processng equpment, nformaton repostory, telecommuncaton equpment, computer controlled or programmed machnery, equpment capable of processng data and/or smlar devces, whether physcally or remotely connected thereto. Condton Precedent A condton whch must be compled wth before We are to be lable for a clam. Cyber Vandal The person or persons, whether dentfed or not, responsble for, or nvolved wth, creatng a Vrus or Smlar Mechansm or a Denal of Servce Attack, unauthorsed access to or use of Computer and Electronc Equpment. Data All nformaton whch s 1. electroncally stored, or 2. electroncally represented, or 3. contaned on any current and back-up dsks, tapes or other materals or devces used for the storage of data, ncludng but not lmted to operatng systems, records, programs, software or frmware, code or seres of nstructons. Data Storage Materals Any materals or devces used for the storage or representaton of Data ncludng but not lmted to dsks, tapes, CD-ROMs, DVDs, memory stcks, memory cards or other materals or devces whch may or may not also consttute Computer and Electronc Equpment. Denal of Servce Attack Any actons or nstructons wth the ablty to damage, nterfere wth, or otherwse affect the avalablty of Computer and Electronc Equpment or Data, ncludng but not lmted to the generaton of excess traffc nto network addresses, the explotaton of system or network weaknesses, and the generaton of excess or non genune traffc wthn, between or amongst networks. Contents of Communal Areas 1. Carpets, furnture and furnshngs and gardenng equpment other than Valuables belongng to You or for whch You are responsble whlst contaned wthn the Resdental Buldng or wthn any offce but not wthn any Resdental Unt. 2. Garden furnture n the open or wthn the Resdental Buldng. Contents of Resdental Unts Carpets, domestc furnture and furnshngs ncludng whte goods other than Valuables belongng to You for whch You are responsble whlst contaned n any Resdental Unt. Employee Any person who s 1. under a contract of servce or apprentceshp wth You 2. borrowed by or hred to You 3. a labour master or suppled by a labour master 4. employed by labour only sub-contractors 5. self-employed 6. under a work experence or tranng scheme 7. regarded as beng n Your employment under the terms of any contract or agreement 8. a voluntary helper whle workng under Your control n connecton wth The Busness 9. an outworker or home worker when engaged n work on Your behalf. Endorsement/Endorsements An alteraton to the terms of the polcy. Excess/Excesses The amount or amounts shown n Your polcy or the Schedule whch We deduct from each and every clam. 6

9 Falure Any partal or complete reducton n the 1. performance, or 2. avalablty, or 3. functonalty, or 4. the ablty to recognse or process any date or tme, of any Computer and Electronc Equpment, electronc means of communcaton, web ste. Loss of Data Physcal or electronc or other loss or destructon or alteraton or loss of use, whether permanent or temporary, of or damage to Data, of whatsoever nature, n whole or n part, ncludng, but not lmted to, Loss of Data resultng from loss or damage to Computers and Electronc Equpment or Data Storage Materals, ncludng whle stored on Data Storage Materals. Malcous Contngency 1. rot, cvl commoton, strkers, locked out workers or persons takng part n labour dsturbances. 2. malcous persons other than theves and Cyber Vandals. Money Current 1. con, bank and currency notes 2. postal and money orders, bankers drafts, cheques and gro cheques 3. crossed warrants, blls of exchange and securtes for money 4. postage, revenue, natonal nsurance and holday wth pay stamps 5. natonal nsurance and holday wth pay cards, natonal savngs certfcates, war bonds, premum savngs bonds and frankng machne mpressons 6. credt company sales vouchers, luncheon vouchers and tradng stamps 7. VAT nvoces. Perod of Insurance From the effectve date untl the expry date shown n the Schedule and any subsequent perod for whch We accept payment for renewal of ths polcy. Property Insured Property Insured as detaled n the Schedule. Resdent The owner, tenant or lessee of any Resdental Unt and any member of hs/her famly permanently resdng wth hm/her. Resdental Buldng The buldng belongng to You or for whch You are responsble, all wthn The Premses ncludng: 1. landlord s fxtures and fttngs 2. domestc outbuldngs and garages 3. swmmng pools and hard tenns courts 4. terraces, patos, drveways, footpaths, walls, fences, gates and hedges 5. nteror decoratons 6. telecommuncatons aerals, aeral fttngs, masts, and closed crcut televson (CCTV) 7. car parks, cess pts, septc tanks 8. squash courts, gymnasa used by Resdents for domestc and lesure purposes 9. street furnture and lamp posts 10. solar panels and wnd turbnes attached the buldng Unless descrbed dfferently n the Schedule, the buldng other than domestc outbuldngs and garages are bult of brck, stone or concrete and roofed wth slates, tles, concrete, metal or asbestos wth no more than 10% of other materals. Resdental Unt Any ndvdual self contaned lvng area wthn any Resdental Buldng. Schedule The document whch specfes detals of the Polcyholder, The Premses, Property Insured and any Excess(es), Endorsements and Condtons Precedent applyng to the polcy. 7

10 Specfed Contngency 1. Fre 2. Lghtnng 3. Exploson 4. Arcraft and other aeral devces or artcles dropped from them 5. Earthquake 6. Storm or flood 7. Escape of water from any tank apparatus or ppe 8. Fallng trees 9. Impact 10. Escape of fuel from any fxed ol heatng nstallaton. The Busness Actvtes drectly connected wth The Busness descrbed n the statement of fact and specfed n the Schedule ncludng the routne repar, mantenance and decoraton of the Resdental Buldng or the Resdental Unt. Valuables Items composed of precous metals or precous stones, jewellery, watches, furs, curos, works of art and Money. Vrus or Smlar Mechansm Program code, programmng nstructon or any set of nstructons wth the ablty to damage, nterfere wth, or otherwse adversely affect Computer and Electronc Equpment or Data, whether nvolvng self-replcaton or not, ncludng, but not lmted to trojan horses, worms and logc bombs. We/Us/Our Avva Insurance Lmted. You/Your/Polcyholder The person, persons, company, companes, partnershp, partnershps or unncorporated assocaton named n the Schedule as Polcyholder. The Premses The Premses as stated n the statement of fact and specfed n the Schedule. Unoccuped If any Resdental Buldng or Resdental Unt s not beng lved n by anyone wth Your permsson for more than 45 consecutve days. Value The amount of money You would have receved by sellng the artcle or property mmedately pror to the loss or damage. 8

11 Asset Protecton Property Damage Secton Defntons (Also refer to the Polcy Defntons at the front of the booklet.) The followng defntons apply to ths secton and shall keep the same meanng wherever they appear n the secton. Bodly Injury Bodly Injury by volent and vsble means, whch drectly and ndependently of any other cause, results n death or dsablement. Damage Loss, destructon or damage. Insured Person You or Your drectors. Partners or employees aged between 16 and 65. Property Damage Excess The amount shown n the Schedule whch We wll deduct from each and every clam at each separate premses n respect of contngences 1 to 14 & 16 and 17. Cover We wll provde ndemnty n respect of Damage caused by the followng contngences to the tems specfed n the Schedule. We wll not ndemnfy You n respect of the Property Damage Excess Contngences 1. Fre. 2. Lghtnng. 3. Earthquake. 4. Exploson. 5. arcraft other aeral devces or artcles dropped from them. 6. Rot, cvl commoton, strkers, locked out workers, persons takng part n labour dsturbances. 7. Malcous persons other than theves. We wll not ndemnfy You n respect of Damage to any Unoccuped Resdental Buldng Unoccuped Resdental Unt or 8. Storm or flood. We wll not ndemnfy You n respect of Damage (d) due only to any change n water table level by frost by subsdence, ground heave or landslp to fences, gates and hedges. 9. Escape of water from any tank, apparatus or ppe. We wll not ndemnfy You n respect of Damage to any Unoccuped Resdental Buldng Unoccuped Resdental Unt or Contents of a Resdental Unt whlst Unoccuped. 10. Fallng trees or branches or rado/tv aerals. We wll not ndemnfy You n respect of Damage caused by subsdence, ground heave or landslp by fellng, loppng or prunng of trees to fences, gates and hedges. 11. Impact by any road vehcle, tran or anmal. 12. Leakage of ol from any fxed heatng nstallaton. We wll not ndemnfy You n respect of Damage to any Unoccuped Resdental Buldng Unoccuped Resdental Unt or Contents of a Resdental Unt whlst Unoccuped. 13. Theft or attempted theft. We wll not ndemnfy You n respect of Damage (d) caused by You or Your famly or an Employee caused by any Resdent or hs/her guest to any Unoccuped Resdental Buldng Unoccuped Resdental Unt or Contents of a Resdental Unt whlst Unoccuped. to moveable property n the open except garden furnture up to a maxmum of Breakage or collapse of televson and rado aerals, aeral fttngs, masts or satellte dshes. Contents of a Resdental Unt whlst Unoccuped. 9

12 15. Accdental breakage of Glass and Santary Fxtures fxed glass n wndows, doors, fanlghts, sky-lghts, conservatores and solar panels washbasns, pedestals, baths, snks lavatory bowls, bdets, csterns shower trays, splashbacks fxed glass n furnture v v fxed glass n mrrors glass n shelves ceramc hobs and cooker tops free standng ceramc hobs and cooker tops where Contents of Resdental Unts are nsured. 1. We wll not ndemnfy You for breakage n any Unoccuped Resdental Buldng or Unoccuped Resdental Unt. 2. We wll not ndemnfy You for breakage (d) resultng from corroson, wear and tear and deprecaton scratchng n transt or whle beng ftted caused by workmen carryng out alteratons or repars to The Premses. 16. Subsdence of, or ground heave of the ste on whch the Resdental Buldng stands or landslp. We wll not ndemnfy You n respect of Damage caused by v v collapse, crackng, shrnkage or settlement of any buldng coastal or rver eroson defectve desgn or nadequate constructon of foundatons demolton, structural alteraton or repar or ground works or alteratons beddng down of new structures or settlement of newly made up ground Damage to v swmmng pools and/or hard tenns courts terraces, patos, drveways, footpaths walls, fences, gates and hedges car parks, cess pts, septc tanks unless there s Damage to the Resdental Buldng or Resdental Unt at the same tme (d) Damage as a result of the movement of sold floor slabs unless there s Damage to the foundatons beneath the exteror walls of the Resdental Buldng at the same tme The Subsdence Excess. 17. All other accdental damage to the Resdental Buldng and Contents of Communal Areas. We wll not ndemnfy You n respect of the cost of mantenance and normal redecoraton Damage caused by: gradual deteroraton or wear and tear v v Clauses corroson, rust, rot or fungus vermn or nsects atmospherc or clmatc condtons normal settlement or shrnkage domestc pets subsdence, heave or landslp polluton or contamnaton faulty workmanshp, defectve desgn or the use of defectve materals any of the exclusons applyng to contngences 1-16 of ths Secton npple or jont leakage or falure of welds crackng, fracturng, collapse or overheatng of a boler, vessel, machne or apparatus n whch nternal pressure s due to steam only, or any assocated ppng mechancal or electrcal breakdown Damage to any Unoccuped Resdental Buldng, Contents of a Resdental Unt whlst Unoccuped. The followng clauses apply to both Buldngs and Contents tems where nsured. 10

13 1. Captal Addtons We wll ndemnfy You n respect of loss, destructon or damage to any newly bult and / or newly acqured buldngs alteratons, addtons and mprovements to an nsured buldng but not n respect of any apprecaton n value stuated anywhere n England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man The maxmum We wll pay n respect of any one locaton s 10% of the Resdental Buldng Sum Insured You must provde Us wth detals of these extensons as soon as possble but at least wthn sx months and specfcally nsure such extensons wth Us from the date Our exposure commenced and pay the approprate addtonal premum. 2. Automatc Renstatement of Sum Insured The Sums Insured stated n the Schedule wll not be reduced by the amount of any clam unless We or You gve wrtten notce to the contrary. You must pay the addtonal premum requred to renstate the Sums Insured. 3. Changng Locks We wll pay for the cost of changng locks at The Premses f the keys are lost from The Premses Your busness premses or the busness premses of any person authorsed by You The home of any person authorsed by You followng theft or attempted theft // or whlst n Your custody or that of any person authorsed by You followng robbery or attempted robbery. The maxmum We wll pay for any one loss s 2, Clams Settlement Followng Damage caused by any contngency nsured by ths Secton to the Resdental Buldng We can choose to pay for the rebuldng or repar or make a monetary payment. If at the tme of Damage the Sum Insured s less than the cost of rebuldng as new, payment wll be made after a deducton for any wear or deprecaton. We wll not ndemnfy You for any reducton n market value. The maxmum amount We wll pay wll be the Sum Insured adjusted to take account of the ndex lnkng condton Captal Addtons clause. Contents of Communal Areas. We wll pay for the cost of repar f any contents are damaged or replacement as new f any contents are lost or destroyed. The maxmum We wll pay wll be the Sum Insured adjusted to take account of the ndex lnkng condton. Contents of Resdental Unts. We wll provde ndemnty for the cost of repar f any contents are partally damaged or replacement as new f any contents are lost or destroyed. If, followng Damage an tem can be repared but the repar s not carred out We wll pay the reducton n value of the tem as a result of the Damage but not more than the estmated cost of repar. If at the tme of Damage the Sum Insured s less than the cost of rebuldng as new, payment wll be made after a deducton for any wear or deprecaton. The maxmum We wll pay wll be the Sum Insured, adjusted to take account of the Index Lnkng condton. 11

14 (d) Money and Assault We wll pay weekly compensaton at 4 weekly ntervals compensaton for contngency (v) s pad for a maxmum of 2 years from the date the dsablement started. It s pad n addton to any other compensaton whch may be payable for the same njury compensaton s only payable for one of the benefts () to (). 5. Clearance of Drans The Sum Insured for Buldngs extends to nclude an amount necessarly and reasonably ncurred by You and whch We agree to for cleanng and / or clearng of drans, gutters and sewers owned by You or for whch You are responsble followng Damage nsured under ths Secton. 6. Debrs Removal The Sum Insured for each tem, ncludes costs and expenses You ncur, wth Our consent, for removal of debrs dsmantlng or demolshng shorng up or proppng of the parts of the property whch have suffered Damage nsured under ths Secton. We wll not ndemnfy You n respect of costs and expenses ncurred n removng debrs from anywhere other than the ste of the Damage and the area adjacent to t arsng from polluton or contamnaton of property not nsured under ths Secton more specfcally nsured. 7. European Unon & Publc Authortes Followng Damage as nsured under ths secton, to any tems on buldngs We wll pay the addtonal cost of renstatng the Property Insured necessary to comply wth any European Unon Legslaton Act of Parlament Bye-Laws of any Publc Authorty. We wll not ndemnfy You n respect of 1. costs ncurred n respect of Damage not nsured by ths Secton where notce was served on You before the Damage occurred n respect of property or parts of the property, other than foundatons (unless foundatons are specfcally excluded), whch have not suffered Damage 2. any charge or assessment arsng from captal apprecaton followng complance wth ths legslaton. The renstatement of the property must begn and be carred out as quckly as possble may be carred out on another ste and n a manner sutable to Your needs but ths must not ncrease Our lablty. If Our lablty under ths Secton s reduced by the applcaton of any terms or condtons of ths polcy, Our lablty under ths Clause wll be smlarly reduced. The maxmum We wll pay under ths Clause n respect of any one clam s 15% of the tem Sum Insured or where the Sum Insured apples to property at more than one premses, 15% of the amount We would have been lable to pay f the Property Insured by the tem at The Premses where Damage occurred had been completely destroyed. 8. Landscaped Gardens We wll ndemnfy You n respect of costs and expenses ncurred n renstatng or reparng landscaped gardens and grounds followng Damage caused by emergency servces whle attendng the Resdental Buldng as a drect result of damage nsured under ths Secton. The maxmum We wll pay s 25,000 n any one Perod of Insurance. 12

15 9. Loss of Metered Utlty Supples We wll ndemnfy You for the cost of metered water, gas, ol and electrcty for whch You are legally responsble arsng from Damage as nsured by ths Secton or unauthorsed use by persons takng possesson, keepng possesson or occupyng The Premses wthout Your authorty. The maxmum We wll pay for any one loss s 5, Money and Assault Money Cover We wll pay for loss of Money up to the followng amounts any sngle loss of busness Money Lmt any one loss n transt 2,000 n bank nght safes and afterwards 2,000 wthn bank premses untl at the bank s rsk n your home or the home of any 500 Employee, partner or drector any sngle loss n respect of crossed 250,000 cheques, crossed postal or money orders, crossed banker s drafts, stamped natonal nsurance cards. We wll not ndemnfy You n respect of 1. losses due to the dshonesty of You, Your Employees, partners or drectors not dscovered wthn 7 workng days of the loss where a more specfc nsurance s n force, except for any amount n excess of that nsurance 2. shortages due to clercal or accountng errors 3. loss of Money from unattended vehcles 4. loss or Damage outsde Great Brtan, Northern Ireland, the Republc of Ireland, the Channel Islands and the Isle of Man. Assault Cover We wll pay the compensaton stated below to You for Bodly Injury to an Insured Person caused by the theft or attempted theft of Money, whch happens n the course of The Busness and resultng n the followng contngences death 10,000 total and permanent loss of sght n one or both eyes 10,000 loss of one or both lmbs 10,000 v v total dsablement whch prevents the Insured Person from pursung ther normal occupaton 100 per week rembursement of ncurred medcal expenses up to 250 up to 250 n respect of such Insured Person for Damage to ther personal effects followng an attempted theft to steal Money covered by ths clause. 11. Mortgage and Other Interests The nterest s noted n respect of any Resdental Buldng or Resdental Unt of all partes who have an nterest n such property. In addton, the rghts of any mortgagee or lessor shall not be prejudced by any act of any mortgagor, lessee or occuper of any Resdental Buldng or Resdental Unt, provded the mortgagee or lessor shall mmedately on becomng aware of such act gve Us notce n wrtng and pay any addtonal premum We may requre. 12. Professonal Fees The Sum Insured for each buldng tem, ncludes an amount for professonal fees necessarly ncurred n renstatng or reparng the Property Insured, followng Damage nsured under ths Secton. We wll not ndemnfy You n respect of fees more specfcally nsured ncurred n preparng a clam. 13. Rsk Protecton Replacement Costs We wll ndemnfy You n respect of reasonable costs and expenses ncurred n re-fllng, re-chargng or replacng any portable fre extngushng applances local fre suppresson system 13

16 fxed fre suppresson system (d) sprnkler system (e) sprnkler heads and havng any fre and / or ntruder alarms and closed crcut televson equpment re-set as a result of Damage nsured under ths Secton. We wll not ndemnfy You n respect of any costs and expenses recoverable from the mantenance company or fre servce. 14. Temporary Removal We wll ndemnfy You n respect of Damage nsured under ths Secton to Contents of Resdental Unts and Contents of Communal Areas whle temporarly removed from The Premses to anywhere n Great Brtan, Northern Ireland, the Channel Islands or the Isle of Man for the purpose of The Busness. The maxmum We wll pay s 5,000 n any one Perod of Insurance. 15. Trace and Access We wll ndemnfy You n respect of reasonable costs and expenses ncurred wth Our consent n locatng the actual source of Damage to the Resdental Buldng and repars drectly arsng from caused by the escape of water from any tank, apparatus or ppe or leakage of fuel from any fxed ol heatng nstallaton. We wll not ndemnfy You n respect of costs or expenses ncurred where Damage results solely from a change n the water table level. The maxmum We wll pay s 25,000 n any one Perod of Insurance. 16. Transfer of Interest If at the tme of Damage occurrng to a Resdental Buldng or Resdental Unt nsured under ths Secton, You have entered nto a contract to sell Your nterest n the property, but the contract has not yet been completed the Resdental Buldng or Resdental Unt has not yet been nsured by or on behalf of the purchaser and the purchase s subsequently completed, We wll ndemnfy the purchaser to the extent that ths Secton nsures the Resdental Buldng or Resdental Unt. Ths wll not affect ether Your or Our rghts and labltes up to the date of completon of the purchase. 17. Underground Servces We wll ndemnfy You n respect of accdental damage to underground ppes cables whch extend from the Resdental Buldng to the publc mans. We wll not ndemnfy You n respect of 1. the cost of mantenance 2. accdental damage caused by gradual deteroraton or wear and tear v 18. Relettng Costs v corroson, rust, rot or fungus vermn or nsects atmospherc or clmatc condtons normal settlement or shrnkage faulty workmanshp, defectve desgn or the use of defectve materals. We wll ndemnfy You n respect of costs reasonably ncurred wth Our consent n re-lettng The Premses (ncludng legal fees n connecton wth the re-lettng) followng Damage as nsured by ths Secton. The maxmum We wll pay s 2,500 any one perod of nsurance. Exclusons (These Exclusons apply n addton to the Polcy Exclusons at the rear of ths booklet.) We wll not ndemnfy You n respect of Damage caused by polluton or contamnaton. However, We wll ndemnfy You n respect of Damage to the Property Insured caused by 1. polluton from contamnaton whch results from any nsured Contngency (other than Contngency 17) 2. any nsured Contngency (other than Contngency 17) whch results from polluton or contamnaton. Endorsements and Condtons Precedent Ths Secton s subject to any Endorsements and Condtons Precedent whch are stated n the Schedule as applyng to ths Secton. 14

17 Unoccupancy It s a Condton Precedent to Our lablty that when a Resdental Buldng or a Resdental Unt s Unoccuped You must ensure that All external doors are securely locked All accessble wndows are securely fastened An nternal and external nspecton of the property s made every 7 days and all waste ncludng accumulated mal s removed from the property (d) All sources of power, fuel or water are turned off and the water system s draned down. 15

18 Revenue Protecton Loss of Rent and Alternatve Accommodaton Expenses Secton Cover We wll ndemnfy You f Your Resdental Buldng or any of Your Resdental Unts can not be lved n or f access to them s dened as a result of Damage nsured under the Property Damage Secton n respect of Endorsements and Condtons Precedent Ths Secton s subject to any Endorsements and Condtons Precedent whch are stated n the Schedule as applyng to ths Secton. 1. loss of rent (ncludng ground rent and management charges) You should have receved but have lost the cost of reasonable alternatve accommodaton ncurred by any owner or lessee f ths s necessary the cost of reasonable accommodaton n kennels and/or catteres for dogs and/or cats belongng to any owner or lessee resdng n the Resdental Buldng or Resdental Unt, where such pets are not permtted n any alternatve accommodaton 2. temporary storage of Your furnture. The maxmum We wll pay wll be the value stated n the Schedule. The payment made for each Resdental Unt may be adjusted accordng to the percentage contrbuton made by each unt towards the ground rent and/or total management charges of the Resdental Buldng. 16

19 Asset and Revenue Protecton Terrorsm Secton Defntons (Also refer to the Polcy Defntons at the front of the booklet.) The followng defntons apply to ths Secton and shall keep the same meanng wherever they appear n the Secton, unless an alternatve defnton s stated to apply. Act of Terrorsm Act of persons actng on behalf of or n connecton wth any organsaton whch carres out actvtes drected towards the overthrowng or nfluencng, by force or volence, of Her Majesty s government n the Unted Kngdom or any other government de jure or de facto. Denal of Servce Attack Any actons or nstructon constructed or generated wth the ablty to damage, nterfere wth or otherwse affect the avalablty of networks, network servces, network connectvty or nformaton systems. Ths ncludes but s not lmted to the generaton of excess traffc nto the network addresses, the explotaton of systems or network weaknesses and the generaton of excess or non genune traffc between or amongst networks. Excess/Excesses The amount or amounts shown n Your polcy or the Schedule whch We shall deduct from each and every clam at each separate locaton. You wll repay any such amount pad by us. Hackng Unauthorsed access to any computer or other equpment, component, system or tem whch processes, stores or retreves data whether the property of You or not. Head/Heads of Cover Any of the followng types of drect nsurance cover: 1. Buldngs and completed structures 2. Other property nsured hereunder 3. Busness Interrupton Prvate Indvdual Any person other than 1. A company, assocaton or partnershp 2. A trustee or body of trustees where nsurance s arranged under the terms of a trust 3. A person who owns Resdental Property for the purpose of ther busness as a sole trader 4. A person who owns Resdental Property of whch n excess of 20% of the property s commercally occuped. Note: where the Resdental Property s occuped by a trustee or a sole trader as a prvate resdence and where the property s not a block of flats, each wll be deemed to be a Prvate Indvdual n respect of that same property; and where two or more persons have arranged nsurance on Resdental Property n ther several names and/or the name of the Polcyholder ncludes the name of a bank or a buldng socety or other fnancal nsttuton for the purpose of notng ther nterest n the property nsured, they wll be deemed to be a Prvate Indvdual n respect of that property. Resdental Property 1. Prvate dwellng houses and flats. 2. Household goods and personal effects. Treasury The Lords Commssoners of Her Majesty s Treasury from tme to tme or any successor relevant authorty. Vrus or Smlar Mechansm Program, code, programmng nstructon or any set of nstructons ntentonally constructed wth the ablty to damage, nterfere wth or otherwse adversely affect computer programs, data, fles or operatons whether nvolvng self-replcaton or not. Ths ncludes but s not lmted to trojan horses, worms and logc bombs. 4. Book Debts. 17

20 Cover We wll ndemnfy You n respect of all losses arsng under any Head of Cover resultng from loss or destructon of or damage to property nsured under ths polcy drectly caused by an Act of Terrorsm occurrng durng the Perod of Insurance at The Premses but only n England, Wales and Scotland but not the terrtoral seas adjacent thereto as defned by the Terrtoral Sea Act 1987 nor the Isle of Man or the Channel Islands. The maxmum We wll pay under ths Secton n any one Perod of Insurance wll not exceed the lmt of lablty or Sum Insured for each of the Heads of Cover specfed n the Secton of ths Polcy where the Head of Cover s otherwse nsured. Exclusons The followng exclusons apply to ths Secton. 1. We wll not ndemnfy You n respect of any losses arsng under any Head of Cover drectly or ndrectly caused by or contrbuted to, by or arsng from or occasoned by or resultng from damage to any computer or other equpment, component, system or tem whch processes, stores, transmts or receves data or any part thereof whether tangble or ntangble (ncludng but wthout lmtaton any nformaton, programs or software) and whether Your property or not where such damage s caused by Vrus or Smlar Mechansm, Hackng or Denal of Servce Attack. rot, cvl commoton, war, nvason, act of foregn enemy hostltes (whether war be declared or not), cvl war, rebellon, revoluton, nsurrecton or mltary or usurped power. 2. We wll not ndemnfy You n respect of losses arsng under any Head of Cover as a result of loss or destructon of or damage to Resdental Property nsured n the name of a Prvate Indvdual. Condtons The followng condtons apply to ths Secton. (Also refer to the Polcy Condtons at the back of ths polcy booklet.) 1. The nsurance provded by ths Secton s subject to all the Defntons, Condtons, Clauses, Endorsements and Condtons Precedent of the Sectons of ths Polcy where the Head of Cover s otherwse nsured together wth the Polcy Defntons, Condtons Precedent and Polcy Condtons except (d) any whch provde for adjustments of premum any aggregate lmt on the amount borne by You as a result of the operaton of an Excess any provson for the automatc renstatement of sums nsured any Long Term Undertakng. and provdng that f there s conflct between ths Secton and the rest of the Polcy, ths Secton shall preval. 2. We wll not ndemnfy You under ths Secton unless and untl The Treasury ssues a certfcate certfyng that any loss was caused by an Act of Terrorsm, as defned n ths Secton or n the event of the Treasury refusng to ssue such a certfcate a trbunal formed by agreement between Us and Pool Rensurance Company Lmted decdes that the cause of such loss was an Act of Terrorsm, as defned n ths Secton. 3. We may cancel the cover provded by ths Terrorsm Secton By sendng You 30 days wrtten notce to Your last known address. We wll refund a proportonate part of any premum pad for the unexpred perod. or Immedately f the premum has not been pad or f there has been a default under an nstalment or lnked credt agreement. We wll not refund any nstalment pad. 4. In any acton or sut or proceedngs where we allege that any loss s not covered by ths Secton the burden of provng that such loss s covered shall be upon You. Condtons Precedent It s a Condton Precedent to Our lablty that 1. You must declare to Us all property and/or premses owned by You or for whch You are responsble ncludng all such property and/or premses of subsdary companes unless t s the practce of any subsdary company to effect ts own nsurance 2. You must purchase Terrorsm nsurance from a Pool Rensurance Company Lmted member company n respect of all such property and/or premses. 18

21 Legal Labltes Employers Lablty Secton Defntons (Also refer to the Polcy Defntons at the front of the booklet.) The followng defntons apply to ths Secton and shall keep the same meanng wherever they appear n the Secton. Bodly Injury Bodly njury ncludng death, llness, dsease or nervous shock. Compensaton Damages, ncludng nterest. Costs and Expenses 1. fees for Your legal representaton 2. costs and expenses ncurred wth Our wrtten consent 3. any clamant s legal costs for whch You are legally lable n connecton wth any event whch s or may be the subject of ndemnty under ths Secton. Lmt of Indemnty The maxmum amount, stated n the Schedule, ncludng Costs and Expenses, whch We wll pay n respect of any or all clams arsng out of one cause. Terrtoral Lmts 1. Anywhere n the world n connecton wth The Busness conducted by You from premses wthn Great Brtan, Northern Ireland, the Isle of Man, the Channel Islands or offshore nstallatons wthn the Contnental Shelf around such terrtores. 2. Anywhere n the world where any Employee normally resdent n Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands s engaged n The Busness. Cover We wll ndemnfy You n respect of 1. Your legal lablty to pay Compensaton to any Employee and 2. Costs and Expenses as a result of Bodly Injury caused n the course of The Busness, durng the Perod of Insurance and wthn the Terrtoral Lmts. The maxmum We wll pay s the Lmt of Indemnty. Clauses 1. Addtonal Actvtes The Busness ncludes (d) (e) ownershp, use and upkeep of The Premses, vehcles and plant canteen, socal, sports, educatonal and welfare organsatons for the beneft of any Employee frst ad, fre, securty and ambulance servces partcpaton n exhbtons prvate work by any Employee, wth Your pror consent, for You or any drector, partner, propretor or Employee. 2. Contractual Lablty We wll ndemnfy You n respect of lablty for Bodly Injury mposed on You solely by reason of the terms of any agreement provded that the conduct and control of any clam s vested n Us. We wll not ndemnfy You n respect of any agreement for or ncludng the performance of work outsde Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands. 3. Cross Labltes We wll ndemnfy each party named as The Polcyholder n the Schedule enttled to ndemnty under ths Secton as f a separate polcy had been ssued to each. The total amount payable wll not exceed The Lmt of Indemnty regardless of the number of partes clamng to be ndemnfed. 4. Indemnty to Other Persons We wll ndemnfy Your personal representatves n respect of legal lablty You ncur at Your request any drector, partner or propretor or Employee of Yours the offcers, commttees and members of Your canteen, socal, sports, educatonal and welfare organsatons frst ad, fre, securty and ambulance servces any prncpal for whom You are carryng out a contract to the extent requred by the contract condtons or the personal representatves of these persons aganst legal lablty n respect of whch You would have been enttled to ndemnty f the clam had been made aganst You. Each ndemnfed party wll be subject to the terms of ths Secton so far as they can apply. 19

22 5. Legal Expenses Arsng from Health and Safety Legslaton We wll ndemnfy You and, at Your request, any drector, partner or Employee n respect of legal fees and expenses ncurred wth Our wrtten consent n defendng proceedngs, ncludng appeals prosecuton costs awarded aganst You or any drector, partner or Employee arsng from any health and safety nqury or crmnal proceedngs n respect of any breach of health and safety legslaton of Great Brtan, Northern Ireland, Isle of Man and the Channel Islands. We wll not ndemnfy You 1. unless the proceedngs relate to an actual or alleged act, omsson or ncdent commtted durng the Perod of Insurance wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands n the course of The Busness 2. n respect of fnes or penaltes proceedngs resultng from any delberate act or omsson by any party clamng to be ndemnfed proceedngs relatng to the health and safety of any person other than an Employee 3. where ndemnty s provded by another nsurance polcy. 6. Our Rght of Recovery The ndemnty s n accordance wth the provsons of any law relatng to the compulsory nsurance of lablty to employees n Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands. However, You wll repay to Us all sums We would not have been lable to pay but for the provsons of such law. 7. Payment for Court Attendance We wll compensate You f at Our request, any drector, partner or Employee s attendng court as a wtness n connecton wth a clam for whch You are enttled to ndemnty. The maxmum We wll pay s for each drector or partner 250 per day for each Employee 150 per day. 8. Unsatsfed Court Judgements We wll, at Your request, ndemnfy any Employee or hs or her personal representatves n respect of damages costs unpad 6 months after the date a judgement for Bodly Injury to the Employee was obtaned aganst another party resdent n Great Brtan, Northern Ireland, the Isle of Man, or the Channel Islands. Ths ndemnty wll only apply where the Bodly Injury was caused n the course of The Busness and durng the Perod of Insurance the judgement was made n a court n Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands there s no appeal outstandng. The judgement wll be assgned to Us f We make a payment under ths Clause. 9. Legal Expenses arsng from Corporate Manslaughter and Corporate Homcde Act 2007 We wll ndemnfy You n respect of 1. legal fees and expenses ncurred wth Our wrtten consent for defendng proceedngs, ncludng appeals 2. costs of prosecuton awarded aganst You whch arse from crmnal proceedngs for any offence as defned n Secton 1 of the Corporate Manslaughter and Corporate Homcde Act We wll not provde ndemnty 1. unless the proceedngs relate to an actual or alleged offence commtted durng the Perod of Insurance wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands and n connecton wth The Busness 2. n respect of proceedngs whch 3. n respect of any result from any delberate act or omsson by You relate to any person other than an Employee fnes remedal or publcty orders or any steps requred to be taken by such orders 4. where ndemnty s provded by another nsurance polcy. 20

23 Exclusons (These Exclusons apply n addton to the Polcy Exclusons at the rear of ths booklet.) Endorsements and Condtons Precedent Ths Secton s subject to any Endorsements and Condtons Precedent whch are stated n the Schedule as applyng to ths Secton. 1. We wll not ndemnfy You n respect of legal lablty as a result of work n or on and travel to, from or wthn any offshore accommodaton, exploraton, drllng or producton rg or platform support vessel. 2. We wll not ndemnfy You n respect of Bodly Injury sustaned by an Employee when the Employee s carred n or upon a vehcle or enterng or gettng on to, or alghtng from, a vehcle where any road traffc legslaton requres nsurance or securty. 3. We wll not ndemnfy You n respect of (d) lqudated damages penalty clauses fnes aggravated, puntve or exemplary damages or any addtonal damages resultng from the multplcaton of compensatory damages or other non-compensatory damages. 21

24 Publc and Products Lablty Secton Defntons (Also refer to the polcy Defntons at the front of the booklet.) The followng defntons apply to ths Secton and shall keep the same meanng whenever they appear n the Secton. Asbestos Asbestos, asbestos fbres or any dervatves of asbestos. Bodly Injury Body njury ncludng death, llness, dsease or nervous shock. Compensaton Damages, ncludng nterest. Costs and Expenses 1. fees for your legal representaton 2. costs and expenses ncurred wth Our wrtten consent 3. any clamant s legal costs for whch You are legally lable n connecton wth any event whch s or may be the subject of ndemnty under ths Secton. Damage Physcal 1. loss 2. destructon 3. damage. Personal Injury 1. Bodly Injury 2. Wrongful arrest, detenton or mprsonment evcton accusaton of shoplftng. Products Suppled Anythng whch s 1. manufactured, sold, suppled, processed, altered or treated 2. repared, servced or tested 3. nstalled, constructed, erected or transported by You or on Your behalf and whch s no longer n Your custody or control or that of any Employee. Property Materal property. Terrtoral Lmts 1. Anywhere n the world n connecton wth The Busness conducted by You from premses wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands or offshore nstallatons wthn the Contnental Shelf around such terrtores. 2. Anywhere n the world where You or any Employee normally resdent n Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands are engaged n The Busness. Lmt of Indemnty The maxmum amount, stated n the Schedule whch We wll pay n respect of any or all events arsng out of one orgnal cause. In respect of products suppled or polluton or contamnaton, the lmt of Indemnty wll apply to the total of all events occurrng n any one perod of Insurance. 22

25 Cover We wll ndemnfy You n respect of 1. Your legal lablty for compensaton 2. Costs and Expenses as a result of accdental Personal Injury Damage to Property obstructon, trespass, nusance or nterference wth any rght of way, ar, lght or water occurrng n the course of The Busness durng the Perod of Insurance and wthn the Terrtoral Lmts. The maxmum We wll pay s the Lmt of Indemnty and any Costs and Expenses. However, n respect of any clam brought n 1. the Unted States of Amerca or any terrtory wthn ts jursdcton or 2. Canada The maxmum We wll pay, nclusve or Costs and Expenses, s the Lmt of Indemnty. Clauses 1. Addtonal Actvtes The Busness ncludes (d) (e) ownershp, use and upkeep of your premses, vehcles and plant canteen, socal, sports, educatonal and welfare organsatons for the beneft of any Employee frst ad, fre, securty and ambulance servces partcpaton n exhbtons prvate work by any Employee, wth Your pror consent, for You or any drector, partner, propretor or Employee. 2. Consumer Protecton Act and Food Safety Act We wll ndemnfy You, and at Your request, any drector, partner, propretor or Employee of Yours n respect of costs of prosecuton awarded aganst You or any drector, partner or Employee of Yours legal fees and expenses ncurred wth Our wrtten consent for defendng proceedngs ncludng appeals whch arse from crmnal proceedngs for any breach of Part II of the Consumer Protecton Act 1987 or Part II of the Food Safety Act Provded the proceedngs relate to an offence commtted or alleged to have been commtted durng the Perod of Insurance and n the course of The Busness. We wll not ndemnfy You 1. unless the proceedngs relate to an actual or alleged act, omsson or ncdent commtted durng the Perod of Insurance wthn Great Brtan, Northern Ireland, Isle of Man or the Channel Islands and n connecton wth The Busness. 2. n respect of proceedngs whch result from any delberate act or omsson by You 3. f ndemnty s provded by any other nsurance 3. Contractual Lablty We wll ndemnfy You n respect of lablty for Bodly Injury mposed on You solely by reason of the terms of any agreement provded that the conduct and control of any clam vested n Us. We wll not ndemnfy You n respect of any agreement for or ncludng the performance of work outsde Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands. 4. Cross Labltes We wll ndemnfy each party named as the Polcyholder n the Schedule enttled to ndemnty under ths Secton as f a separate polcy had been ssued to each. The total amount payable wll not exceed the Lmt of Indemnty regardless of the number of partes clamng to be ndemnfed. 5. Defectve Premses We wll ndemnfy You n respect of lablty arsng under the Defectve Premses Act 1972 the Defectve Premses (Northern Ireland) Order 1975 n connecton wth any premses whch You prevously owned or occuped for the purposes of The Busness. We wll not ndemnfy You n respect of the cost of rectfyng any defect or alleged defect n such premses. 6. Employees and Vstors Personal Belongngs We wll ndemnfy You n respect of Your legal lablty as a result of accdental damage to vehcles or personal belongngs whch You do not own but whch are n Your custody or control. We wll not ndemnfy You where ths Property s 1. stored for a fee or other consderaton 2. n Your custody or control for the purposes of beng worked on 3. loaned, leased, hred or rented to You. 23

26 7. Indemnty to Other Persons We wll ndemnfy Your personal representatves n respect of legal lablty You ncur at Your request any drector, partners or propretor or Employee of Yours the offcers, commttees and members of Your canteen, socal, sports, educatonal and welfare organsatons frst ad, fre, securty and ambulance servces any prncpal for whom You are carryng out a contract to the extent requred by the contract condtons or the personal representatves of these persons aganst legal lablty n respect of whch You would have been enttled to ndemnty f the clam had been made aganst You. Each ndemnfed party wll be subject to the terms of ths Secton so far as they can apply. 8. Legal Expenses Arsng from Health and Safety Legslaton 9. Lablty for Hred or Rented Premses We wll ndemnfy You n respect of Your legal lablty as a result of accdental Damage to premses (ncludng fxtures and fttngs) wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands whch You hre, rent and occupy n connecton wth The Busness. We wll not ndemnfy You n respect of the frst 250 of any clam caused other than by fre or exploson lablty mposed on You solely by reason of the terms of the hrng or rentng agreement legal lablty as a result of Damage aganst whch the hrng or rentng agreement specfes that nsurance s taken out by You or on Your behalf. 10. Motor Contngent Lablty We wll ndemnfy You n respect of Your legal lablty as a result of accdental Bodly Injury and/or Damage to property arsng out of the use We wll ndemnfy You and, at Your request, any drector, partner, propretor or Employee of Yours n respect of n Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands legal fees and expenses n defendng proceedngs, ncludng appeals prosecuton costs awarded aganst You or any drector, partner, propretor or Employee of Yours arsng from any health and safety nqury or crmnal proceedngs n respect of any breach of health or safety legslaton of Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands. We wll not ndemnfy You 1. unless the proceedngs relate to an actual or alleged act, omsson or ncdent commtted durng the Perod of Insurance wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands n the course of The Busness 2. n respect of proceedngs as a result of any delberate act or omsson by You and n connecton wth The Busness of any motor vehcle not belongng to or provded by You. We wll not ndemnfy You 1. n respect of Damage to the vehcle or goods carred n or on the vehcle 2. whle the vehcle s beng drven by You by a person who to Your knowledge or that of Your representatves does not hold a lcence to drve the vehcle unless such person has held and s not dsqualfed from holdng or obtanng such a lcence 3. f ndemnty s provded by another nsurance polcy. proceedngs relatng to the health and safety of any Employee 3. where ndemnty s provded by another nsurance polcy. 24

27 11. Overseas Personal Lablty We wll ndemnfy You any drector, partner or Employee whle temporarly outsde Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands n connecton wth The Busness n respect of legal lablty as a result of accdental Bodly Injury and/or Damage to Property ncurred n a personal capacty. We wll also ndemnfy any accompanyng spouse or chldren. Where the Polcyholder s an ndvdual the ndemnty wll also apply wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands. We wll not ndemnfy You 1. where lablty arses from (d) any agreement unless lablty would have exsted otherwse ownershp or occupaton of land or buldngs the carryng on of any trade or professon ownershp, possesson or use of wld anmals, frearms (other than sportng guns), mechancally propelled vehcles, arcraft or watercraft 2. f ndemnty s provded by another nsurance polcy. 12. Payment for Court Attendance We wll compensate You f, at Our request, any drector, partner or Employee s attendng court as a wtness n connecton wth a clam for whch You are enttled to ndemnty. The maxmum We wll pay s for each drector or partner 250 per day for each Employee 150 per day. 13. Indemnty to Indvdual Owners We wll ndemnfy, at your request, the Resdent of any Resdental Unt aganst legal lablty n respect of whch You would have been enttled to ndemnty f the clam had been made aganst You. We wll not provde ndemnty to the Resdent for legal lablty arsng as the occuper of any Resdental Unt. 14. Legal Expenses arsng from Corporate Manslaughter and Corporate Homcde Act 2007 We wll ndemnfy You n respect of legal fees and expenses ncurred wth Our wrtten consent for defendng proceedngs, ncludng appeals costs of prosecuton awarded aganst You whch arse from crmnal proceedngs for any offence as defned n Secton 1 of the Corporate Manslaughter and Corporate Homcde Act We wll not ndemnfy You 1. unless the proceedngs relate to an actual or alleged offence commtted durng the Perod of Insurance wthn Great Brtan, Northern Ireland, the Isle of Man or the Channel Islands and n connecton wth The Busness. 2. n respect of proceedngs whch 3. n respect of any result from any delberate act or omsson by You. relate to any Employee. fnes. remedal or publcty orders or any steps requred to be taken by such orders. 4. where ndemnty s provded by another nsurance polcy. 15. Data Protecton Act 1998 We wll ndemnfy You and, at Your request, any drector, partner, propretor or Employee n respect of legal fees and defence costs legal lablty for Compensaton to an ndvdual the subject of personal data You hold and who suffers damage or dstress caused by - naccuracy of data - loss of the data - unauthorsed destructon or dsclosure of the data - unauthorsed access to the data arsng from proceedngs brought aganst You under Secton 13 of the Data Protecton Act The maxmum We wll pay for all clams happenng durng any one Perod of Insurance s 250,000 25

28 We wll not ndemnfy You n respect of 1. Personal Injury other than as provded by ths Clause. Damage to Property Insured. fraud, dshonesty, nsolvency, fnancal default, conspracy, decet, ntmdaton, nducement of breach of contract, njurous falsehood or breach of confdence. (d) lbel, slander or defamaton. 2. consequental loss. 3. lablty as a result of You havng authorsed the destructon or dsclosure of the data. whch could reasonably have been expected to arse as a result of any other delberate act or omsson by You. 4. any fne or statutory payment. 5. lablty whch arses solely by reason of the terms of any agreement. 6. lablty n respect of lqudated damages or under any penalty clause. 7. legal costs or expenses or fnancal losses n respect of any order for rectfcaton or erasure of data. requrng the data to be supplemented by any other statements. 8. proceedngs relatng to Compensaton for any Employee f the Employers Lablty Secton of ths polcy s not n force. thrd party f the Publc and Products Lablty Secton of ths polcy s not n force. Exclusons (These Exclusons apply n addton to the Polcy Exclusons at the rear of ths booklet.) 1. We wll not ndemnfy You n respect of legal lablty as a result of Personal Injury to an Employee the ownershp, possesson or use by You or on Your behalf or by any person enttled to ndemnty under ths Secton of any arcraft, aeral devce or hovercraft watercraft exceedng 8 metres n length motor vehcle or traler or plant n crcumstances to whch road traffc legslaton apples. Provded there s no more specfc nsurance n force, ths does not apply to the loadng or unloadng of vehcles or tralers or the crcumstances descrbed n the Motor Contngent Lablty Clause. Damage to Property whch You own or s loaned, leased, hred or rented to You whch s held n trust or n the custody or control of You any Employee any other party who s carryng out work on Your behalf other than n the crcumstances descrbed n the Lablty for Hred or Rented Premses Clause or the Employees and Vstors Personal Belongngs Clause. (d) (e) Damage to or the cost ncurred by anyone n reparng, removng, replacng, reapplyng, rectfyng or renstatng Products Suppled (other than Products Suppled under a separate contract). Bodly Injury or Damage to Property arsng from professonal neglect, errors, omssons or advce by You, any Employee or any party who s carryng out work on Your behalf. (f) polluton or contamnaton of buldngs or other structures or of water or land or the atmosphere and Bodly Injury or Damage to Property drectly or ndrectly caused by such polluton or contamnaton other than caused by a sudden, dentfable, unntended and unexpected ncdent whch occurs n ts entrety at a specfc tme and place durng the Perod of Insurance. 26

29 All polluton or contamnaton whch arses out of one ncdent wll be deemed to have occurred at the tme such ncdent takes place. (g) work n or on and travel to, from or wthn (h) () (j) (k) or Products Suppled to any offshore accommodaton, exploraton, drllng or producton rg or platform support vessel. Bodly Injury or Damage to Property arsng from Products Suppled other than the sale or supply of food and drnk the dsposal of furnture and furnshngs prevously used n the course of The Busness. any work nvolvng excavaton ste clearance constructon erecton structural extenson alteraton demolton of or to any Resdental Buldng. Your occupaton of any Resdental Buldng or any Resdental Unt. Bodly Injury or Damage to Property arsng from ncdents nvolvng any dog descrbed n Secton 1 of the Dangerous Dogs Act We wll not provde ndemnty n respect of recallng or makng refunds n respect of Products Suppled lqudated damages v penalty clauses fnes aggravated, puntve or exemplary damages or any addtonal damages resultng from the multplcaton of compensatory damages or other non-compensatory damages lablty mposed on You solely by reason of the terms or any contract condtons or agreement n connecton wth Products Suppled (d) the Excess (e) exposure to v nhalaton of fears of the consequences of exposure to or the nhalaton of the costs ncurred by anyone n reparng, removng, replacng, recallng, rectfyng, renstatng or managng (ncludng those of any persons under statutory duty to manage) any property arsng out of the presence of Asbestos ncludng any product contanng Asbestos. Endorsements and Condtons Precedent Ths Secton s subject to any Endorsements and Condtons Precedent whch are stated n the Schedule as applyng to ths Secton. Condtons Precedent The followng Condton Precedent apples. 1. Unoccupancy It s a Condton Precedent to Our lablty that when a Resdental Buldng or a Resdental Unt s Unoccuped You must ensure that (d) all external doors are securely locked all accessble wndows are securely fastened an nternal and external nspecton of the property s made every 7 days and all waste ncludng accumulated mal s removed from the property all man servces are turned off and the water system s turned off and draned down. 27

30 Polcy Exclusons Each secton of the polcy contans exclusons. They must be read n conjuncton wth the followng exclusons. We wll not ndemnfy You or any person enttled to ndemnty n respect of 1. any consequence whatsoever resultng drectly or ndrectly from or n connecton wth any of the followng, regardless of any other contrbutory cause or event However, war nvason, act of a foregn enemy, hostltes or a warlke operaton or operatons (whether war be declared or not), cvl war, rebellon, revoluton, nsurrecton, cvl commoton assumng the proportons of or amountng to an uprsng, mltary or usurped power natonalsaton, confscaton, requston, sezure or destructon by the Government or any publc authorty any acton taken n controllng, preventng, suppressng or n any way relatng to and/or above. 1. exclusons 1 and do not apply to the Employers Lablty Secton or to the Terrorsm Secton, when nsured by ths polcy 2. excluson 1 does not apply to the Publc and Products Lablty Secton 2. death or dsablement, loss or destructon of or damage to any property, any loss or expense whatsoever, any consequental loss or any legal lablty drectly or ndrectly caused by or contrbuted to by or arsng from onsng radatons or contamnaton by radoactvty from any nuclear fuel or from any nuclear waste or from the combuston of nuclear fuel the radoactve, toxc, explosve or other hazardous or contamnatng propertes of any nuclear nstallaton, reactor or other nuclear assembly or nuclear component thereof. drectly or ndrectly caused by or contrbuted to by or arsng from the use of or threatened use of any weapon However, dspersng radoactve materal and/or onsng radaton or usng atomc or nuclear fsson and/or fuson or other lke reacton. 1. excluson 2 does not apply to the followng Sectons Employers Lablty Publc and Products Lablty when nsured by ths polcy. 2. n relaton to the Employers Lablty Secton, excluson 2 above only apples when You under a contract or agreement have undertaken to ndemnfy another party assume the lablty of another party. 3. exclusons 2 and do not apply to the Terrorsm Secton when nsured by ths polcy. 3. any consequence whatsoever resultng drectly or ndrectly from or n connecton wth any of the followng, regardless of any other contrbutory cause or event Terrorsm cvl commoton n Northern Ireland but ths shall only apply to the Property Damage and Busness Interrupton Sectons when nsured by ths polcy. any acton taken n controllng, preventng, suppressng or n any way relatng to and/or above except as stated n Specal Provsons-Terrorsm below. Terrorsm s defned as any act or acts ncludng, but not lmted to the use or threat of force and/or volence and/or harm or damage to lfe or to property (or the threat of such harm or damage) ncludng, but not lmted to, harm or damage by nuclear and/or chemcal and/or bologcal and/or radologcal means caused or occasoned by any person(s) or group(s) of persons, or so clamed, n whole or n part, for poltcal, relgous, deologcal or smlar purposes. In any acton, sut or other proceedngs where We allege that any consequence whatsoever resultng drectly or ndrectly from or n connecton wth 3 and 3 regardless of any other contrbutory cause or event s not covered by ths polcy (or s covered only up to a specfed lmt of lablty) You wll have to prove that any such consequence s covered (or s covered beyond that lmt of lablty). Specal Provsons Terrorsm Subject otherwse to the terms, condtons and exclusons of ths polcy the exclusons n 3 and 3 (n so far as t relates to 3 ) above shall not apply to the followng Sectons Property Damage or Loss of Rent and Alternatve Accommodaton Expenses n respect of flats and houses nsured n the name of an ndvdual who does not own such property n The Busness of a sole trader but provded that the exclusons n 3 and 3 shall apply to such property n respect of harm or damage to lfe or to property (or the threat of such harm or damage) by nuclear and/or chemcal and/or bologcal and/or radologcal means 28

31 (d) Employers Lablty but the Lmt of Indemnty for the purposes of ths Specal Provson - Terrorsm s lmted to 5,000,000 ncludng costs and expenses Publc and Products Lablty but the Lmt of Indemnty for the purposes of ths Specal Provson - Terrorsm s lmted to 2,000,000 or any other amount specfed n the Schedule for Publc and Products Lablty whchever s the lower. Terrorsm, when nsured by ths polcy. 4. Loss, destructon or damage drectly caused by pressure waves from arcraft or other aeral devces. However, excluson 4 does not apply to the Terrorsm Secton, when nsured by ths polcy. 5. Money (d) (e) (f) (g) (h) () (j) (k) securtes or bonds jewellery or precous stones precous metals or bullon furs or curos rare books or works of art goods held n trust or on commsson documents or manuscrpts busness books or computer system records explosves property n transt unless specfcally mentoned. However, exclusons 5 to (k) do not apply to the Terrorsm Secton, when nsured by ths polcy. 6. any clam whch arses drectly or ndrectly from or conssts of the falure or nablty of any electronc crcut, mcrochp, ntegrated crcut, mcroprocessor, embedded system, hardware, software, frmware, program, computer, data processng equpment, telecommuncaton equpment or systems, or any smlar devce meda or systems used n connecton wth anythng referred to n above whether Your property or not, at any tme to acheve any or all of the purposes and consequental effects ntended by the use of any number, symbol or word to denote a date and ths ncludes wthout any lmtaton the falure or nablty to recognse, capture, save, retan or restore and/or correctly to manpulate, nterpret, transmt, return, calculate or process any date, data, nformaton, command, logc or nstructon as a result of recognsng, usng or adoptng any date, day of the week or perod of tme, otherwse than as, or other than, the true or correct date, day of the week or perod of tme the operaton of any command or logc whch has been programmed or ncorporated nto anythng referred to n and above. However, We shall not exclude any clam for subsequent loss or destructon of or damage to any property or consequental loss whch tself results from a Defned Contngency arsng under any of the followng Sectons, but only to the extent that such clam would otherwse be nsured under that Secton 1. Property Damage 2. Engneerng 3. Loss of Rent and Alternatve Accommodaton Expenses. Exclusons 6 and do not apply to the Employers Lablty Secton or Terrorsm Secton, when nsured by ths polcy. Defnton The followng defnton only apples to ths excluson Defned Contngency fre, lghtnng, exploson, arcraft and other aeral devces or artcles dropped from them, rot, cvl commoton, strkers, locked out workers, persons takng part n labour dsturbances, malcous persons other than theves, earthquake, storm, flood, escape of water from any tank, apparatus or ppe, mpact by any road vehcle or anmal, or theft. 7. any clam (other than n respect of Personal Injury as defned under the Publc and Products Lablty Secton) arsng drectly or ndrectly from, or n connecton wth, or consstng of Loss of Data. However, We wll not exclude any clam arsng drectly or ndrectly from, or n connecton wth, or consstng of Loss of Data, whch clam s not otherwse excluded and whch results from a Malcous Contngency nvolvng physcal force and volence or a Specfed Contngency where ether s nsured under any of the followng Sectons of the polcy and only to the same extent that such clam s nsured under that Secton. Property Damage Loss of Rent and Alternatve Accommodaton Expenses Excluson 7 does not apply to the Publc and Products Lablty Secton. any loss, destructon or damage, Falure or Loss of Data resultng drectly or ndrectly from, or n connecton wth: Vrus or Smlar Mechansm, Denal of Servce Attack, unauthorsed access to or use of Computer and Electronc Equpment. 29

32 However, We wll not exclude any clam n respect of any subsequent physcal loss or destructon of or damage to property other than Computer and Electronc Equpment and Data Storage Materals, whch s not otherwse excluded and whch results from a Malcous Contngency nvolvng physcal force and volence or a Specfed Contngency where ether s nsured under any of the followng Sectons of the polcy and only to the same extent that such subsequent physcal loss or destructon of or damage to property s nsured under that Secton. Property Damage Loss of Rent and Alternatve Accommodaton Expenses. Exclusons 7 and do not apply to the followng Sectons, when nsured by ths polcy 1. Engneerng 2. Terrorsm 3. Employers Lablty 4. Resdental Property Owners Legal Protecton. 30

33 Polcy Condtons Each Secton of the polcy contans condtons. They must be read n conjuncton wth the followng Polcy Condtons. 1. Alteraton of Rsk The Polcy s vodable where there has been any materal alteraton to the rsk after the commencement of ths nsurance whch ncreases the rsk of loss, destructon, damage, accdent or njury or where Your nterest ceases except by wll or operaton of law unless We have accepted the alteraton. 2. Arbtraton If We accept lablty but You dsagree wth the amount We offer to pay, the clam wll be referred to an arbtrator who wll be jontly apponted n accordance wth statutory provsons. An award made by the arbtrator wll be a Condton Precedent to a rght of legal acton aganst Us. 3. Cancellaton You may cancel ths polcy at any tme after the date We have receved the premum, by provdng 30 days notce n wrtng to Us. We may cancel ths polcy, by provdng notce n wrtng to You at your last known address, f there s a default under any relevant nstalment agreement. In such case, Your polcy wll end wth effect from the begnnng of the perod n respect of whch the nstalment has not been pad. If Your polcy s cancelled under or above, at Our dscreton, We may refund part of the premum for the unexpred perod, whch wll be calculated on Our, then current, short perod ratng bass, and provded that there have been no clam(s) made under the polcy for whch We have made a payment, clam(s) made under the polcy whch are stll under consderaton, ncdent(s) whch You are aware of and are lkely to gve rse to a clam whch has yet to be reported to Us, durng the current Perod of Insurance. We wll cancel ths polcy from the ncepton date f the premum has not been pad and no return premum wll be allowed. Such cancellaton wll be confrmed n wrtng by Us to Your last known address. We wll refund a proportonate part of the premum for the unexpred perod provded that there have been no clam(s) made under the polcy for whch We have made a payment, clam(s) made under the polcy whch are stll under consderaton, ncdent(s) whch You are aware of and are lkely to gve rse to a clam whch has yet to be reported to Us, durng the current Perod of Insurance. 4. Clams Procedure You wll (d) (e) (f) tell Us mmedately of any event or occurrence whch may result n a clam, and no later than 30 days of Your becomng aware of the event or occurrence or 7 days n the case of loss, destructon or damage caused by rot, cvl commoton, strkers, locked out workers, persons takng part n labour dsturbances or malcous persons notfy the polce mmedately of loss, destructon or damage caused by malcous persons or theves provde Us wth all nformaton and help We requre n respect of the clam and where requested by Us, and at Your expense, a wrtten clam contanng as much nformaton as possble of the loss, destructon, damage, accdent or njury, ncludng the amount of the clam pass to Us unanswered, mmedately, all communcatons from thrd partes n relaton to any event whch may result n a clam under ths polcy not admt or repudate lablty, nor offer to settle, compromse, make payment whch may result n a clam or pay any clam under ths polcy wthout Our wrtten agreement allow Us to take over and conduct n Your name the defence or settlement of any clam. You wll also allow Us to prosecute at Our own expense and for Our own beneft, any clam for ndemnty or compensaton aganst any other person and You must gve Us all nformaton and assstance requred. (d) We may also cancel ths polcy at any tme by sendng not less than 30 days notce n wrtng to Your last known address. 31

34 5. Contrbuton Applcable to Publc and Products Lablty Secton and Employers Lablty Secton (f nsured) If the nsurance provded by these Sectons s also covered by another polcy (or would but for the exstence of these Sectons), We wll only ndemnfy You n respect of any Excess beyond the amount whch would be payable under such other nsurance had these Sectons not been affected. Applcable to all other Sectons nsured by ths polcy (d) Where any loss, destructon or damage or lablty covered by the polcy s also covered by another polcy, (or would be but for the exstence of ths polcy), We wll only pay a rateable share of the loss. If the other nsurance s subject to a condton of average and ths polcy s not, ths polcy wll become subject to the same condton of average. If the Property Insured covered by the other nsurance s subject to a provson excludng proportonal payment n whole or n part, the payment We make wll be lmted to the proporton of loss, destructon or damage as the Sum Insured bears to the value of the property. 6. Dscharge of Lablty We may at any tme pay the Lmt of Indemnty or the Sum Insured or a smaller amount for whch a clam can be settled after deducton of any sum already pad. 8. Identfcaton The polcy and Schedule wll read as one contract. A partcular word or phrase whch s not defned wll have ts ordnary meanng. 9. Index Lnkng Renewal Where t states n the Schedule that ndex lnkng apples, the amounts nsured wll be adjusted for movements n the followng ndces or any alternatve ndex specfed by Us v Clams for prvate dwellng houses and sngle flats The House Rebuldng Cost Index for blocks of flats and houses converted to flats The General Buldngs Cost Index for Contents of Resdental Unts The Consumer Durables Secton of the Retal Prce Index for Contents of Communal Areas The Consumer Durables Secton of the Retal Prce Index. These adjustments wll contnue durng the Perod of Insurance perod of repar, replacement or renstatement provded that such work s carred out and completed wthout undue delay. 10. Non Dsclosure, Msrepresentaton or Msdescrpton The polcy s vodable f You or anyone actng for You fals to dsclose, msrepresents or msdescrbes any materal fact. We wll not make any further payment except for costs and expenses ncurred pror to the payment of the clam. 7. Fraud We wll avod the polcy from the date of the loss or alleged loss f a clam made by You or anyone actng on Your behalf to obtan a polcy beneft s fraudulent or ntentonally exaggerated or a false declaraton or statement s made n support of a clam. 32

35 11. Our Rghts If loss, destructon or damage occurs whch may lead to a clam We may 14. Subrogaton Anyone makng a clam under ths polcy must, at Our request and expense, do everythng We reasonably requre to enter or take possesson of the buldng or premses enforce a rght or remedy take possesson of, or requre to be delvered to Us, Property Insured whch We wll deal wthn n a reasonable manner wthout ncurrng lablty or reducng Our rghts. We wll not provde ndemnty for loss, destructon or damage f You or anyone actng on Your behalf do not comply wth Our requrements hnder or obstruct Us. You are not enttled to abandon property to Us. 12. Reasonable Precauton You wll mantan the Resdental Buldng n a satsfactory state of repar take all reasonable precautons to prevent loss, destructon or damage to Property Insured accdent or njury to any person or loss, destructon or damage to ther property comply wth all legal requrements and safety regulatons and conduct The Busness n a lawful manner. 13. Renstatement When We decde, or are requred to renstate or replace any property, You wll at Your expense provde (d) plans documents books nformaton whch We requre. We wll not be oblged to renstate property exactly but only n a satsfactory manner as crcumstances allow. The maxmum amount We wll pay n respect of one tem s the Sum Insured. or obtan relef or ndemnty from other partes to whch We wll become enttled or subrogated because of payment for or makng good loss, destructon, damage, accdent or njury. We may requre You to carry out such actons before or after We make any admsson of or payment of a clam. 15. Subjectvty The polcy, the applcaton form, statement of fact and/or declaraton made by You, and the Schedule, should be read together and form the contract of nsurance between You, The Polcyholder, and Us. We wll clearly state n the Schedule f the Cover provded by the polcy s subject to You: provdng Us wth any addtonal nformaton requested by the requred date(s), completng any actons agreed between You and Us by the requred date(s), allowng Us to complete any actons agreed between You and Us. If requred by Us, You must allow us access to The Premses, and/or The Busness to carry out survey(s), wthn 60 days of the ncepton or renewal date, unless We agree otherwse n wrtng. Upon completon of these requrements (or f they are not completed by the requred dates), We may, at our opton: v v modfy Your premum, ssue a md-term amendment to Your polcy or Secton terms and condtons, requre You to make alteratons to The Premses nsured by the requred date(s), exercse Our rght to cancel Your polcy, leave the polcy or Secton terms and condtons, and Your premum, unaltered. We wll contact You wth Our decson and where applcable, specfy the date(s) by whch any acton(s) agreed need to be completed by You and/or any decson by Us wll take effect. 33

36 Our requrements and decsons wll take effect from the date(s) specfed unless and untl We agree otherwse n wrtng. If You dsagree wth Our requrements and/or decsons, We wll consder Your comments and where We consder approprate, wll contnue to negotate wth You to resolve the matter to Your and Our satsfacton. In the event that the matter cannot be resolved: You have the rght to cancel ths polcy from a date agreed by You and Us and, provdng no clams have been made, We wll refund a proportonate part of the premum pad for the unexpred perod of cover. We may, at Our opton, exercse Our rght under Polcy Condton (3) Cancellaton. Except where stated all other polcy and Secton terms and condtons wll contnue to apply. The above condtons do not affect Our rght to vod the polcy f We dscover nformaton materal to Our acceptance of the rsk. Please refer to the IMPORTANT note wthn The Contract of Insurance page of Your polcy booklet. 34

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40 BCBRO (F) Avva Insurance Lmted. Regstered n Scotland No Regstered Offce Ptheavls Perth Scotland PH2 0NH. Authorsed and regulated by the Fnancal Servces Authorty.