QBE European Operations OAMPS Insurance Policy Schedule
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1 QBE European Operations OAMPS Insurance Policy Schedule Policy Number: Y037009QBE0112A Policy Wording Reference: PODP Period of Insurance: From: 1 August 2012 To: 31 July 2013 both days inclusive Greenwich Mean Time and for such further periods as may be agreed upon. Effective From: 1 August 2012 Date Issued: 17 August 2012 Issue number: 000 Reason for Issue: Renewal Contract Parties Insurer: Registered Address: Insured: QBE Insurance (Europe) Limited (registered in England number ; Home State - United Kingdom. Authorised and regulated by the Financial Services Authority; registration number ) Plantation Place, 30 Fenchurch Street, London, EC3M 3BD Tel: + 44 (0) Fax: + 44 (0) Malary Ltd t/a M2 Environmental Solutions Address: Malary House, Brookfields Business Centre, Twentypence Road, Cottenham, Cambridge, CB24 8PS Subsidiary Companies: None Business: Oil, petroleum & lubricant distribution, Collection and treatment of waste oils. General environmental services, tank cleaning, servicing of oil vehicles, property owners, Third Party sampling analysis,oil filter recycling and producers of bio fuels for heating of commercial and domestic premises. Contact Details Broker Name: OAMPS (UK) Ltd Broker Address: Windsor House, High Street, Esher, Surrey, KT10 9RY Tel: Fax: Claim Notification: For all insured sections except for insured section G please contact: Claim Site: OAMPS, Windsor House, High Street, Esher, Surrey, KT10 9RY Tel: +44 (0) Fax: +44 (0) For insured section G please contact: Claim Site: DAS Group, D A S House, Quay Side, Temple Back, Bristol, Avon, BS1 6NH Tel: +44 (0) NEWCLAIMS@DAS.CO.UK Complaints: For all insured sections except for insured section G please contact: Claim Site: OAMPS, Windsor House, High Street, Esher, Surrey, KT10 9RY Tel: +44 (0) Fax: +44 (0) For insured section G please contact: D A S House, Quay Side, Temple Back, Bristol, Avon, BS1 6NH Tel: +44 (0) Fax: +44 (0) Page 1
2 If an eligible complainant and the matter has not been resolved to your satisfaction the insured may contact: The Financial Ombudsman Service, South Quay Plaza 2, 183 Marsh Wall, Docklands, London E14 9SR. A summary of the insurers complaint handling procedure is available on request and will also be provided to the insured when acknowledging a complaint. Page 2
3 Insured section A - Property INSURED Sum Insured Basis of Settlement (I Indemnity R-Reinstatement) Premises: TOTALS OF ALL PREMISES INSURED See individual premises' for details Property insured Buildings GBP 1,872,777 Machinery plant and all other contents: GBP 1,706,600 Rent GBP N /A Stock and materials in trade: GBP 220,000 Bulk storage tanks: GBP 406,450 Wines and spirits: GBP N /A Stock debris removal: GBP 100,000 Total GBP 4,305,827 Limit of liability Goods in transit GBP N/A Money Non-negotiable money GBP 250,000 Negotiable money: In buildings outside business hours not contained in locked safes or strong rooms GBP 500 In buildings outside business hours but contained in unspecified locked safes or strongrooms GBP 1,000 In buildings outside business hours but contained in specified locked safes or strongrooms GBP N/A In buildings during business hours GBP 2,000 In the private residence of the insured or any authorised partner, director or employee under a contract of employment GBP 500 Whilst in transit GBP 2,000 Page 3
4 Insured section A - Property INSURED Sum Insured Basis of Settlement (I Indemnity R-Reinstatement) Premises: At any situation owned or, occupied by the insured, anywhere in the United Kingdom Property insured Stock debris removal: GBP 100,000 Total GBP 100,000 Insured section A - Property INSURED Sum Insured Basis of Settlement (I Indemnity R-Reinstatement) Premises: Malary House, Brookfields Business Centre, Twentypence Road, CB24 8PS Property insured Buildings: Day 1 operative: percentage uplift 15% Declared value: GBP 1,328,502 GBP 1,527,777 R Machinery plant and all other contents: Day 1 operative: percentage uplift 15% Declared value: GBP 340,000 GBP 391,000 R Stock and materials in trade: GBP 220,000 Bulk storage tanks: Day 1 not operative GBP 380,000 I Total GBP 2,518,777 Insured section A - Property INSURED Sum Insured Basis of Settlement (I Indemnity R-Reinstatement) Premises: Unit 3a/b Brookfield Business Centre, Twentypence Road, Cottenham, CB4 4PS Property insured Buildings: Day 1 operative: percentage uplift 15% Declared value: GBP 290,000 GBP 333,500 R Machinery plant and all other contents: Day 1 operative: percentage uplift 15% Declared value: GBP 1,140,000 GBP 1,311,000 R Total GBP 1,644,500 Page 4
5 Insured section A - Property INSURED Sum Insured Basis of Settlement (I Indemnity R-Reinstatement) Premises: Plot J Lakeside Industrial Park, Stanlake, Oxon, OX8 7PL Property insured Buildings: Day 1 operative: percentage uplift 15% Declared value: GBP 10,000 GBP 11,500 R Machinery plant and all other contents: Day 1 operative: percentage uplift 15% Declared value: GBP 4,000 GBP 4,600 R Bulk storage tanks: Day 1 operative: percentage uplift 15% Declared value: GBP 23,000 GBP 26,450 R Total GBP 42,550 Insured section B - Business Interruption INSURED Sum Insured Item 1 Estimated Gross profit GBP 2,000,000 Declaration linked condition not operative Maximum indemnity period 12 Months Item 2 Estimated Gross revenue GBP N/A Item 3 Increased cost of working GBP N/A Item 4 Additional Increased cost of working GBP N/A Item 5 Rent receivable GBP N/A Item 6 Outstanding debit balances GBP N/A Refund of premium NO Premium subject to adjustment see clause Insured section C - Terrorism NOT INSURED Sum Insured All property specified under Insured sections A and B GBP N/A Page 5
6 Insured section D - Personal Accident Insured person All employees of the insured INSURED Occupation As per the business description Beneficiary The insured Schedule of compensation This policy provides benefits which have an amount inserted against them. The words 'not insured' are inserted against all benefits which are not insured by this policy. Item Description Benefit 1 Death as a result of accidental injury INSURED GBP 10,000 2 Permanent total disablement INSURED GBP 10,000 Total loss of sight INSURED GBP 10,000 Total loss of speech INSURED GBP 10,000 Total loss of hearing INSURED GBP 10,000 Total loss of one hand (each) INSURED GBP 10,000 Total loss of one foot (each) INSURED GBP 10,000 Paraplegia INSURED GBP 10,000 Quadriplegia INSURED GBP 10,000 3 Accumulation limit GBP 100,000 Insured section E - Employers' Liability Limit of Indemnity Employers Liability INSURED GBP 10,000,000 any one occurrence Including sub-limits of indemnity for: Manslaughter legal defence costs INSURED GBP 1,000,000 Any one prosecution or proceedings War and terrorism worldwide except in hostile territories INSURED GBP 5,000,000 any one occurrence War and terrorism in hostile territories INSURED GBP 1,000,000 any one occurrence Jurisdiction: Insured Section E premium subject to adjustment: Worldwide excluding North America No Subject to a minimum premium of: GBP N/A Page 6
7 Insured section Limit of Indemnity F - Public, products and pollution liability INSURED GBP 5,000,000 any one occurrence and in the aggregate for product (clause 8.1.2) and or pollution (clause 8.1.3) Environmental Statutory Liability sub-limit of indemnity INSURED GBP 5,000,000 Any one claim and in the aggregate Financial loss sub-limit of indemnity INSURED GBP 50,000 Any one claim and in the aggregate Legionella sub-limit of indemnity INSURED GBP 1,000,000 Any one claim and in the aggregate Jurisdiction Insured Section F premium subject to adjustment: Worldwide excluding North America No Subject to a minimum premium of: GBP N/A Insured section Limit of Indemnity G - Legal Expenses INSURED GBP 100,000 any one occurrence Page 7
8 Payment Details Annual Policy Premium excluding insured section C - Terrorism insurance GBP 40, IPT/tax GBP 2, Annual Policy Premium insured section C - Terrorism insurance GBP 0.00 IPT/tax GBP 0.00 Premium payable by this transaction excluding insured section C - Terrorism insurance GBP 40, IPT/tax GBP 2, Premium payable by this transaction for insured section C - Terrorism insurance GBP 0.00 IPT/tax GBP 0.00 Total payable GBP 43, Premium payment date 1st September 2012 Signed on behalf of the Insurer. Page 8
9 QBE European Operations Endorsement Schedule Policy Number: Period of Insurance: Y037009QBE0112A From: 1 August 2012 To: 31 July 2013 both days inclusive Greenwich Mean Time and for such further period or periods as may be mutually agreed upon. This schedule sets out additional clauses that form part of the policy. The undernoted clauses amend the insured section and / or clause stated and is each otherwise subject to the terms and conditions of this policy. ODPAES Amended excess excluding storage tanks Clause 4.15 Insured section A and B exclusions The amount of GBP500 referred to in clause 4.15 a) Excess is hereby amended to 2,500. Clause: ODPAES AI Page 9
10 ODPDWS Defective workmanship service indemnity Clause Public products and pollution liability extensions The insurance by insured section F is extended to indemnify the insured in respect of legal liability arising from or caused by the sale, repair, servicing or maintenance of any customer vehicle, including: a) the pre-delivery check of new vehicles as required by the manufacturers and the fitting of additional accessories to such vehicles; b) the examination of motor vehicles in accordance with the Motor Vehicle (Test) Regulations; c) the sale of parts, accessories and other goods incidental to the insured s business; d) the cost of repairing, replacing or rectifying the original repair, servicing or maintenance work to vehicles other than the first amount shown below of any claim; i) GBP500 in respect of private motor vehicles; ii) GBP500 in respect of all other vehicles, provided that: d) the exclusion at with respect to property in the custody, possession or control of the insured in the definition of liability shall not apply to customer s vehicles whilst being repaired, services or maintained; e) liability shall attach during the course of business; f) liability shall attach as a result of an accident or event that occurs within the European Union; g) the repair, servicing or maintenance shall be carried out within the United Kingdom; h) the insurance by this clause excludes and the insurer shall not be liable for loss, expense or liability arising from goods or products knowingly sold or supplied to North America; i) the insurer s liability shall not exceed the limit of indemnity of GBP1,000,000 which is the maximum amount payable for damages in the aggregate during one period of insurance. For the purposes of this endorsement private motor vehicles shall mean motor cars having no more than eight (8) seats and motor cycles. Clause: ODPDWS FI ODPELT Employers' Liability Tracing Office Clause 11 - General terms and conditions The following condition is added to and forms part of clause 11 to this policy. Where the insurer provides an indemnity under the Employers Liability (Compulsory Insurance) Regulations 1998, the insurer is required by regulation to maintain a database of all the companies and subsidiary companies covered by such insurance. The insurer supports and will add details of all company names to the Employers Liability Tracing Office database. Accordingly it is a condition of this insurance that the insured undertakes to supply full details (as required by the Employers Liability Tracing Office) of the company and all subsidiary companies to the insurer at inception of this policy and promptly thereafter following acquisition or disposal of any subsidiary company. Clause: ODPELT ZC Page 10
11 ODPHW4 Heat work away from the premises Conditions precedent to public including products and pollution liability Exclusion is deleted and of no effect. Further the following condition precedent is added to and forms part of Clause 8.6. a) It is a condition precedent to the insurer s liability under this insurance that the insured, or persons acting on behalf of the insured, will ensure that when using a naked flame or other heat source including but not limited to: - oxyacetylene; or - electric arc or similar welding, cutting, grinding or other spark emitting equipment; or - blow lamps; or - otherwise applying heat away from the insured s premises, the insured, its employees and its contractors shall take all reasonable precautions to prevent damage. b) The term reasonable precautions shall include but not be limited to the following: I. Before Starting Work i) a person shall be made responsible for fire safety and for ensuring that reasonable precautions are taken; ii) all persons shall be made aware of the location of the site s fire alarms and fire fighting equipment; iii) the responsible person shall examine all property within a radius of six (6) metres from where the heat is being applied and where possible remove all combustible materials or otherwise cover and protect by overlapping sheets or screens of non-combustible material. II. During the Process of Work i) a person shall work alongside the operator of the equipment to look out for an outbreak of fire and there shall be available for immediate use a hose connected to the nearest hydrant with water turned on and controllable at the nozzle of the hose. If water is not available or unsuitable or provision of such a hose is not practical then two (2) fully charged fire extinguishers must be available and if used during the process, the heat work must cease until two (2) fully charged fire extinguishers are made available, ii) the lighting of equipment shall be in accordance with manufacturer s instructions and no piece of lighted equipment shall be left unattended, iii) gas cylinders not required for immediate use shall be kept at least six (6) metres from where the heat is being applied. III. After Ceasing Work i) a continuous examination for one (1) hour shall be made of the area within a radius of six (6) metres from where the heat has been applied to ensure that there is no risk of fire. c) Furthermore where the insured or persons acting on behalf of the insured burns debris away from their premises it is a condition precedent to the insurer s liability under this insurance that the following precautions must be taken on each occasion: I. fires to be in a cleared area and at a distance of at least ten (10) metres from any property; II. III. IV. fire not to be left unattended at any time; a suitable fire extinguisher to be kept available for immediate use; fires to be extinguished at least one (1) hour prior to leaving site at the end of each working day Clause: ODPHW FC Page 11
12 ODPIAC Airside cover Clause Public products and pollution liability extensions The insurance by insured section F is extended to indemnify the insured in respect of liability for damage or bodily injury caused by or arising from airside activities provided that the insurer s liability shall not exceed the GBP2,000,000 in the aggregate during one period of insurance. Solely in respect of insured section F, it is agreed and understood that clause exclusion of airside activities is deleted. Clause: ODPIAC FI ODPIEE Increase in excess Public, products and pollution liability Clause Section F - Public and products liability exclusions Exclusion is hereby deleted and replaced with the following: Excess The first GBP2,500 of any amount otherwise payable in respect of each and every occurrence (irrespective of the number of claims occasioned thereby) arising from damage to property, except in respect of any increased amount shown on the schedule. Clause: ODPIEE FE Page 12
13 ODPLTE Three year policy agreement Clause 11: General terms and conditions The following clause is added to and forms part of clause 11 to this policy. The insured having undertaken to maintain this policy in force for the period of agreement the following special provisions apply: Special Provisions The insurer reserves the right to adjust the premium rates, terms or conditions or restrict or vary the cover or terminate or renegotiate this agreement: 1. to reflect: (a) (b) (c) acquisitions or disposals of the property insured other than stock and materials in trade or businesses; or changes in the business activities of the insured; or any alteration or extraneous factor or factors which materially increases the risks of: (i) (ii) (iii) (iv) damage; or interruption or interference with the business as a consequence of the damage; or bodily injury to persons; or damage to property 2. at any annual review date if after inception of the period of insurance. (a) (b) the loss ratio at the annual review date exceeds fifty (50) %. For the purposes of Special provision 2(a) loss ratio shall mean the percentage which the total of claims paid and outstanding reserves (as recorded in the company s books) for the period commencing with the inception of the period of agreement up to each subsequent annual review date bears to the total premiums paid or payable (including adjustments) in respect of the corresponding period but excluding any taxes and excluding all premiums and claims in respect of terrorism over and above the limits of liability stated in the policy. there is a change in: (i) (ii) legislation being any enactment, subordinate, legislation, law, regulation, decree, treaty or instrument in force in any country or territory to which the indemnity provided by this policy applies the interpretation of any legislation by - any court tribunal or arbitration - any government or regulatory body or Ombudsman which has a material effect upon the scope or cover or indemnity provided by the policy or upon the risks to which the company is exposed. (c) (d) there is a material change in market practice for this class of business the availability to the company of reinsurance cover in respect of this policy is: (i) reduced (ii) subject to an increased cost but the Insured shall have the option to maintain the policy in force for the remainder of the period of the agreement by agreeing to pay such increased cost in addition to the premium otherwise payable at the annual review date If the insurer exercises any right under special provision 2 above then the insured may at his option terminate the agreement or continue it by accepting the new terms for the remainder of the period of agreement. It is agreed that; (a) (b) any imposition of or increase in Insurance Premium Tax will be borne by the insured the terms of the agreement do not apply to the scope of cover or premium rates or claims paid and outstanding in respect of any separate terrorism insurance. Payment of the first premium under this agreement shall be deemed acceptance by the insured of the terms thereof. Page 13
14 This undertaking expires on 31 July Clause: ODPLTE ZI ODPPOT Policy operative time Clause 12 - General definitions and interpretation Clause of this policy is deleted and replaced with the following: Policy operative time Policy operative time means whilst the insured person is undertaking usual occupational duties on behalf of the insured but excluding the following activities: a) driving an insured vehicle; b) loading and unloading of vehicles; c) carrying out emergency repairs to vehicles; d) mounting and dismounting of vehicles. Clause: ODPPOT DC Page 14
15 ODPSPA Security protection level A Clause Other property terms and conditions Solely in respect of the specified premises below, the insurance granted by insured section A of this policy is subject to the following protections being fitted at the premises and operating effectively whenever the buildings are unoccupied or closed for business. Specified premises At any situation owned or, occupied by the insured, anywhere in the United Kingdom Malary House, Brookfields Business Centre, Twentypence Road, CB24 8PS Unit 3a/b Brookfield Business Centre, Twentypence Road, Cottenham, CB4 4PS Plot J Lakeside Industrial Park, Stanlake, Oxon, OX8 7PL 1. External doors All doors and frames must be of sound construction and in good condition. Frames must be also securely fixed to the fabric of the building. a) Metal/Aluminium/UPVC framed glazed doors to be secured by a proprietary cylinder mortise lock. b) Armoured Plate doors to be secured by manufacturer s locks as supplied. c) Roller shutters, sliding or concertina doors, up and over doors and loading bay doors to be secured by: i) a steel locking bar secured by a close shackle padlock with a minimum of five levers or ii) proprietary/manufacturers guide mounted locking system or hook bolt. d) Any door officially designated a fire exit by the Authorities to be fitted with hinge bolts top and bottom and any additional locks approved by the local Fire Officer. e) All other doors, wicket gates, trap doors and hatches to be secured by either: i) a mortise deadlock with a minimum of five levers conforming to BS3621 (1980) standard (or superior) and a boxed steel striking plate; or ii) an automatic deadlocking rim lock conforming to BS3621 (1980) standard; or iii) a steel locking bar secured by a close shackle padlock with a minimum of five levers unless the door is the final exit door, barrel bolts of at least 150mm length, mortise rack bolts or flush bolts must be fitted top and bottom to each leaf. 2. Windows All opening ground floor, basement and easily accessible upper storey windows and skylights to be secured by proprietary key operated window locks unless protected by internal or external bars, grilles or weld mesh. Clause: ODPSPA ZC Page 15
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