Terms and Conditions for Legal Entity Liability Insurance VK (valid as of )

Transcription

1 Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) The terms and conditions shall apply to insurance agreements entered into at AAS Gjensidige Baltic Eesti filiaal (hereinafter referred to as Gjensidige), the purpose of which is to insure the liability of a legal entity. The terms and conditions shall be applied along with the General Insurance Terms and Conditions of Gjensidige. In issues not covered by these terms and conditions and the General Insurance Terms and Conditions of Gjensidige, the parties to the insurance contract shall be guided by the provisions of the Law of Obligations Act and other legislations of the Republic of Contents 1. General terms and conditions 1 2. Policyholder s obligation to provide information 1 3. Occurrence of a loss event 1 4. Deadline for filing a claim 2 5. Damage subject to compensation 2 6. Costs for legal assistance 2 7. Procedure for the compensation for damage 2 8. Insurance contract after the occurrence of an insured event or compensation of costs for legal assistance 3 9. Company activities liability insurance Construction activity liability insurance Building and territory owner s liability insurance Product liability insurance Employer s liability insurance Additional covers 6 1. General terms and conditions 1.1. Insured person is the policyholder or any other person whose liability has been insured and who is indicated in the insurance policy. The insurance cover extends to all natural persons who are working under the direction and/or assignment of the insured person and who are employed for the performance of tasks in the economic activity Injured party is a person to whom the insured person is liable, under the legislations of the Republic of Estonia, to compensate the damage caused Insured object - in case of liability insurance, an insured object is the liability of the insured person arising from the legislations of the Republic of The insurance cover does not apply to the contractual obligations of the insured person, unless the damages caused to the injured party were subject to compensation also without the concluded contract The sum insured is reduced by the insurance indemnity and/or costs for legal assistance paid during the insurance period. In order to restore or increase the sum insured, an appendix to the insurance agreement may be concluded Deductible - in the event of a number of claims arising from the same insured event, the deductible shall be calculated only in relation to the insurance indemnity that is paid first. Deductible shall not apply in case of compensation for the cost of legal assistance. 2. Policyholder s obligation to provide information 2.1. The policyholder must provide in the insurance application full and accurate information, including notify of any liability losses, insured events, claims made and compensations paid that have occurred over the last five years, as Gjensidige bases its risk assessment and the terms and conditions of an insurance contract on the data provided by the policyholder Gjensidige has the right to rely on the information provided by the policyholder also when specifying the conditions for further insurance periods. 3. Occurrence of a loss event Policyholder s obligations upon the occurrence of a loss event 3.1. The policyholder shall notify Gjensidige of the occurrence of a loss event, about a complaint, claim or lawsuit being filed against the insured person, and of any circumstances which may constitute the basis for a claim without delay, but no later than within one week as of the time when the policyholder became aware of the circumstances or the claim being filed The policyholder shall submit to Gjensidige relevant documents and explanations, as well as participate in the inspection of the loss scene or property at an agreed time, provided that this is necessary for assessing the insured person's liability, the circumstances, the size or scope of loss occurred In the event that a complaint, claim or lawsuit is filed against the insured person, the policyholder shall in a timely manner use all the appropriate legal remedies, including submit a response, objection, complaint, claim, etc. necessary to protect the rights of the insured person pursuant to the law or the contract The policyholder may not, either in full or in part, recognise or satisfy a claim made against the insured person without the prior consent of Gjensidige, except in cases where the dismissal or non-recognition of such claim is contrary to the principle of good faith, taking into consideration the interests of the injured party If the obligation specified in clauses is violated by the policyholder, Gjensidige shall not be liable for the compensation for damage to the extent exceeding the liability that the insurer would have had if the policyholder had performed the obligation correctly and in a timely manner. Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 1/7

2 Gjensidige s obligations upon the occurrence of a loss event 3.6. Gjensidige shall immediately initiate the adjustment of a loss event or the injured party s claim after receiving the loss notice, involving an expert or another person with special expertise if necessary Gjensidige shall inform the policyholder about the procedural rules which apply to loss adjustment and the information and documents which Gjensidige needs to obtain in order to determine the liability of the insured person, circumstances of loss and the size and scope of the loss Gjensidige shall advise the policyholder on how to avoid the loss from increasing and give instructions to reject or contest the claim filed by the injured party. Gjensidige s rights to communicate with the injured party 3.9. Gjensidige shall have the right to initiate a legal dispute with the injured party on behalf of the insured person with the aim of rejecting a claim, determining the amount of damage, reducing the amount of the claim or entering into a compromise agreement. 4. Deadline for filing a claim 4.1. Unless an extended reporting period for notifying of claims filed against the insured person has been agreed on, Gjensidige shall be liable for compensating claims arising from the insured event that are filed against the insured person no later than within 1 year after the expiry of the insurance period. 5. Damage subject to compensation Insurance indemnity 5.1. Insurance indemnity is the amount of money that Gjensidige pays to compensate for the property damage and/or personal injury and/or costs for legal assistance resulting from the occurrence of the insured event to the extent agreed in the insurance contract The insurance indemnity for one insured event is limited to the amount of the insurance claim, but in any case to the sum insured Gjensidige shall decide the amount of insurance indemnity, involving an expert or any other person with special expertise if necessary. In case of an effective court judgment, the amount of the insurance indemnity shall be assessed on the basis of the court judgment. Property damage 5.4. Gjensidige shall compensate as property damage: normal value of the object destroyed; necessary and reasonable repair costs of the object; necessary and reasonable expenses in connection with the prevention of loss or further increase of loss Gjensidige shall not compensate as property damage for the decrease in value, loss of income with regard to the destruction of or damage to the object, cost of application for compensation, non-proprietary (moral) damages or any other damages not specified in clause 5.4. Personal injury 5.6. Gjensidige shall compensate as personal injury: loss or reduction of income subject to social tax due to partial or total incapacity for work; necessary and reasonable medical expenses; necessary and reasonable costs of medical aids (e.g. eyeglasses, prosthetic appliance, wheelchair, etc.); in case of the injured party s death, his or her funeral expenses; loss or decrease of allowance paid to the dependants of the injured party Gjensidige shall not compensate as personal injury for damage incurred as a result of further deterioration of the economic, the cost of applying for compensation, nonproprietary (moral) damages and any other damages not specified in section 5.6. Also, the part of damage that would have been compensated for under the pension insurance or other social insurance shall not be subject to compensation as personal injury. 6. Costs for legal assistance 6.1. Costs for legal assistance are the amount of money paid by Gjensidige to cover legal assistance, expertise or court expenses incurred to prove the lack of liability and/or guilt of the insured person Costs for legal assistance shall be compensated only if they have been approved by Gjensidige in advance in a format reproducible in writing In case of compensation for the costs for legal assistance, the sum insured shall be reduced by the paid costs for legal assistance If the claim that is filed against the insured person exceeds the sum insured, Gjensidige shall have the right to compensate the costs for legal assistance proportionally to the ratio of the claim amount to the sum insured Costs for legal assistance shall not be subject to compensation if Gjensidige is not obliged to perform the obligation pursuant to the insurance contract. 7. Procedure for the compensation for damage Principles of compensation 7.1. All claims for the compensation for damage arising from one and the same cause and/or event shall be considered a single insured event If the insurance indemnity is to be paid in periodic payments, the first payments shall be made by the policyholder in the extent of the deductible, followed by the payment of periodic payments by Gjensidige Gjensidige shall pay the insurance indemnity to the policyholder. The insurance indemnity shall be paid directly to the injured party if the amount payable to the injured party is determined by a court decision or a compromise agreement, Gjensidige informs the policyholder of its intention in advance or if the policyholder so requests If the policyholder or the insured person has reached an agreement with the claimant or has already paid for the claim or part thereof, it shall not be binding on Gjensidige if the actual amount of the claim is unproven and/or the insured person's liability is disputable The policyholder shall immediately return the insurance indemnity to Gjensidige if it becomes evident after the payment Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 2/7

3 of the insurance indemnity that the payment of insurance indemnity was not substantiated according to the insurance contract and the legislations of the Republish of Term of compensation 7.6. Gjensidige shall pay the insurance indemnity immediately but no later than within two weeks after: Gjensidige has determined the size of the loss and made the loss adjustment decision; the claim filed by the injured party has been identified by an enforced court judgment; the claim filed by the injured party has been admitted (including settled or entered into the compromise contract) by the insured person upon a prior written consent of Gjensidige and the insured person has submitted to Gjensidige all the required documents. 8. Insurance contract after the occurrence of an insured event or compensation of costs for legal assistance 8.1. If Gjensidige pays the insurance indemnity and/or costs for legal assistance in the total amount insured during the current insurance period, the insurance contract shall be deemed to be cancelled as of the moment of the payment of the insurance indemnity or the costs for legal assistance due to the expiry of the policyholder s insurable interest If Gjensidige pays the insurance indemnity and/or costs for legal assistance in the amount smaller than the insured sum, the insurance contract shall be valid until the end of the insurance period, but the sum insured under the insurance contract shall be reduced in accordance with the amount of the insurance indemnity or costs for legal assistance paid After the occurrence of the insured event, the parties to the insurance contract may cancel the insurance contract by notifying the other party thereof one week in advance. Upon the cancellation of the insurance contract, Gjensidige shall retain the obligation to execute the contract with regard to insured events that occurred during the term of the contract. 9. Company activities liability insurance 9.1. of company activities liability insurance is a sudden and unexpected loss event that occurs during the insurance period and meets all the following conditions: the damage occurred is causally related to the insured activity specified in the insurance policy; the injured party has incurred property damage and/or personal injury; the insured person is obliged to compensate for the 9.2. In addition to the exclusions specified in the General company activities liability insurance compensate for damage: caused to a person who is in an employment or service relationship with the insured person, his or her family member or relative, a legal representative or member of the management body of the insured person, procurator, liquidator, trustee in bankruptcy, legal person belonging to the same group with the insured person, a parent, subsidiary or affiliated company; that has arisen in case of the performance of a lasting service at a time when the insured person did not provide the work or service directly; that has arisen in case of the performance of a single service after the completion of the work or service, or the delivery of the outcome; caused by a mistake or an error occurred during the provision of a professional service (such as professional activity of an auditor, professional activity of a lawyer, accounting service, etc.) by the insured person; caused due to damaging or violating the intellectual property rights (such as trademark, copyright, patent, etc.) by the insured person; arising from the unlawful activities of the insured person, including activities for which the insured person does not have the required qualification, preparation, licence, registration, activity licence, etc.; arising from the need to alter, repair or replace an improper item, work or service; arising from any contamination or pollution of the environment (ground, air, water, etc.); arising from asbestos, tobacco or toxic mould; arising from illegal blocking or obstruction, directly or indirectly, of information systems or the operation thereof, computer hardware or software shortcomings; associated with genetically modified organisms or raw materials derived from genetically modified organisms; associated with the destruction, loss, theft or robbery of the property of a third person while it was under the administration or in possession of the insured person; arising from construction activity; arising from any activities associated with the following high-risk objects: airports, airport facilities, airplanes or other aircrafts and parts thereof; ships or other vessels and components thereof; railway rolling stock and railway facilities; power plants (including hydropower plants, nuclear power plants, wind farms, etc.), combined heat and power plants; quays, piers, dams, reservoirs, weirs, bridges, provided that the aforementioned objects are water constructions; tunnels, underground or underwater mines; waste facilities, hazardous waste collection and storage areas; oil or gas platforms; chemical plants. 10. Construction activity liability insurance Construction activity Construction activity means: the erection, installation, renovation, overhaul, demolition or any other activity associated with construction (including shifting of soil and excavation works) that lead to the creation of the construction work or to a change in the physical properties of the construction work; the installation, renovation, overhaul or demolition of the technical system of the construction work. Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 3/7

4 10.2. of construction activity liability insurance is a sudden and unexpected loss event that occurs during the insurance period and meets all the following conditions: the damage is causally related to the insured construction activity specified in the insurance policy; the injured party, who may in case of the construction activity liability insurance also be the contracting entity of construction works, other person performing construction works at the insurance site or person associated with the construction works (e.g. person exercising construction supervision, architect, etc.), has incurred property damage and/or personal injury; the insured person is obliged to compensate for the In addition to the exclusions specified in the General construction activity liability insurance compensate for damage: caused to the construction work or technical system of the construction work that is the subject of construction activity of the insured person; caused to a person who is in an employment or service relationship with the insured person, his or her family member or relative, a legal representative or member of the management body of the insured person, procurator, liquidator, trustee in bankruptcy, legal person belonging to the same group with the insured person, a parent, subsidiary or affiliated company; arisen during the performance of a lasting service at a time when the insured person did not provide the work or service directly; arisen during the performance of a single service after the completion of the work or service or the delivery of the outcome; caused in the course of demolition works; arising from the damage to underground or underwater wires, cables, ducts, pipes as well as low-voltage or high-voltage power lines; arising from vibration; arising from construction material which is defective or not in accordance with the regulations or the terms and conditions of the contract; arising from insufficient research preceding the construction activity (incl. geological surveys) required by law, legislations or standards; arising from a mistake in the building design documentation; arising from the unlawful activities of the insured person, including the activities for which the insured person does not have the required qualification, preparation, licence, registration, activity licence, etc.; arising from the activities of the insured person as a building designer, building construction technical supervisor, manufacturer or supplier, regardless of whether or not the activity is conducted in parallel to the insured construction activity; arising from the need to alter, repair or replace an improper item, work or service; arising from any contamination or pollution of the environment (ground, air, water, etc.); arising from asbestos or toxic mould; associated with the destruction, loss, theft or robbery of the property of a third person while it was under the administration or in possession of the insured person; arising from any activities associated with the following high-risk objects: airports, airport facilities, airplanes or other aircrafts and parts thereof; ships or other vessels and components thereof; railway rolling stock and railway facilities; power plants (including hydropower plants, nuclear power plants, wind farms, etc.), combined heat and power plants; quays, piers, dams, reservoirs, weirs, bridges, provided that the aforementioned objects are water constructions; tunnels, underground or underwater mines; waste facilities, hazardous waste collection and storage areas; oil or gas platforms; chemical plants. 11. Building and territory owner s liability insurance of building and territory owner s liability insurance is a sudden and unexpected loss event that occurs during the insurance period and meets all the following conditions: the damage has arisen directly from the room, building, facility, territory or immovable property specified in the insurance policy; the insured person is liable for the damage as the owner, tenant, lessee, manager or other user of the room, building, facility or immovable property; the injured party has incurred property damage and/or personal injury; the insured person is obliged to compensate for the In addition to the exclusions specified in the General building and territory owner s liability insurance compensate for damage: associated with the destruction, loss, theft or robbery of the property of a third person while it was under the administration or in possession of the insured person; caused to the employee of the insured person as a result of an occupational accident; arisen in the course of demolition works; caused to the room, building, facility, territory or immovable property belonging to the landlord or lessor; caused to the insured person s tenant or lessee; arising from asbestos or toxic mould; arising from any contamination or pollution of the environment (ground, air, water, etc.). Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 4/7

5 12. Product liability insurance Product Product is a finished product, raw material or a product component that is manufactured or marketed by the insured person A product is defective if it is not safe to the extent that the average consumer has the right to expect of product liability insurance is a sudden and unexpected loss event that occurs during the insurance period and meets all the following conditions: the damage is causally related to a defect of the product specified in the insurance policy; the insured person has caused the loss event by making the defective product available to the consumer during the insurance period; the injured party has incurred property damage and/or personal injury; the insured person is obliged to compensate for the In addition to the exclusions specified in the General product liability insurance compensate for damage: caused due to non-compliance with safety regulations of the product set out in the legislations (such as deliberate violation of sanitary requirements); caused due to improper or incorrect use or the inability to use the product, including failure to adhere to the manufacturer s instructions; caused to the defective product itself, including the requirements related to the improvement, alteration, reduction in value or elimination of the deficiency of the defective product; associated with the change in the price of the product, the replacement of the product or a product recall or removal; arising from alcohol or tobacco products; arising from medical products, including medicinal products, blood banks, silicone implants and electronic treatment devices; arising from building structures and prepared mixtures (including concrete, bitumen); arising from electronic control devices; arising from the products manufactured, delivered or installed for the automotive, aviation, shipping or space industry; caused to a person who is in an employment or service relationship with the insured person, his or her family member or relative, a legal representative or member of the management body of the insured person, procurator, liquidator, trustee in bankruptcy, legal person belonging to the same group with the insured person, a parent, subsidiary or affiliated company; arising from any contamination or pollution of the environment (ground, air, water, etc.); arising from asbestos, tobacco or toxic mould; associated with genetically modified organisms or raw materials derived from genetically modified organisms. 13. Employer s liability insurance Employee Employee is a person who is in civil service or works for the insured person on the basis of an employment contract, including the procurator, trainee or agency worker Employee shall be also deemed to be a person who is acting on the basis of a contract under the law of obligation (e.g. contract for services, authorisation contract, agency contract, etc.) concluded with the insured person, provided that the insured person is obliged to pay social tax from the remunerations payable under the aforementioned contract pursuant to the Social Tax Act. Occupational accident Occupational accident is a personal injury or death of an employee that occurred in the course of performing a task given by the employer or in the course of any other work done under the employer's permission, during a break considered working time or during any other time when acting in the interests of the employer. Injury or death that occurred in the aforementioned cases but is not causally related to the employee's work or work environment shall not be deemed to be an occupation accident Provisions of the Occupational Health and Safety Act shall apply to issues associated with occupational accidents of employer s liability insurance is an occupational accident taking place during the insurance period that meets all the following conditions: the employee has incurred property damage and/or personal injury; in case of the employee s death, his or her dependants have incurred property damage; the insured person is obliged to compensate for the Occurrence of an insured event in a foreign country In case of an employee working in a foreign country, Gjensidige s liability shall be limited to the extent and terms and conditions set out in the law of the Republic of In case the legal relationship between the employee and the insured person is governed by the applicable law of any other state, Gjensidige shall not be obliged to pay compensation in the amount exceeding the indemnity it would have paid in similar circumstances according to the legislations of the Republic of In addition to the exclusions specified in the General employer s liability insurance compensate for damage: caused by the employee s illness or disease; caused by the employee s property; arising from the employee s unfair dismissal, discrimination, sexual harassment, as well as any damage Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 5/7

6 incurred in connection with an illegal employment relationship between the employer and the employee; the arising of which was facilitated by the fact that the employee was under the influence of alcohol, narcotics, toxic substances or otherwise intoxicated; arising from the fact that employee had no health insurance coverage as a result of the insured person s failure to comply with his or her obligations; arising from an occupational accident for which the employer who directs its employees to other companies (supplier of temporary workers) under temporary agency work is liable; arising from an occupational accident which is compensated for on the basis of another compulsory type of insurance (for example motor third party liability insurance); arising from asbestos, tobacco or toxic mould; associated with genetically modified organisms or raw materials derived from genetically modified organisms. 14. Additional covers Validity of additional cover The parties to the insurance contract have agreed on the additional insurance cover if such additional cover is specified in the insurance policy. Retroactive period Retroactive period is the time before the start of the insurance period when the insurance cover granted by Gjensidige is applicable. Insurance cover does not cover the violations and claims which the policyholder or the insured person was aware of before concluding the retroactive period agreement. Extended reporting period for notifying of claims Extended reporting period for notifying of claims is the time following the expiry of the insurance period, during which Gjensidige shall be liable for compensating claims filed against the insured person. Only claims in which the damage has been caused to the injured party during the insurance period can be notified of during the extended reporting period for notifying of claims. Cross liability of an apartment association or community Additional cover of cross liability of an apartment association or community shall be applicable upon the building and territory owner s liability insurance if the insured person is an apartment association or community In case of additional cover of cross liability of an apartment association or community, the insurance cover shall apply to the claims filed by members of the apartment association or community if the loss arises from common ownership and all the co-owners are liable solidarily Gjensidige covers the damage incurred by the members of the apartment association or community due to snow and ice falling from the roof only if the loss event occurs within five calendar days after a continuous snowfall (i.e. a sudden increase in the snow cover of at least 100 mm in 24 hours) or within five calendar days after the last documented roof cleaning In case of the additional cover of cross liability of an apartment association or community, Gjensidige shall not compensate the following: damage arising from the physical share of an apartment ownership, the liability for which lies solely with the owner or users of the apartment or non-residential premises; damage caused by a deficiency in the immovable that the owner or co-owners of the immovable were aware of but had not eliminated; damage associated with the use of a damaged building (including damaged technical systems); damage associated with electricity, gas, heating or water supply disruption; insufficient heating of the room; power fluctuations; telecommunications or data transmission interruptions; alarm or control equipment failure; improper or inadequate size of pipes, cables and other equipment installed in the building; use of machinery and equipment in a manner that does not comply with the applicable safety regulations; damage arising from a leaking roof; damage arising from a leaking pipe in common ownership if the pipe is situated in the physical share of an apartment ownership and the owner of the apartment has blocked access to the apartment association or community for the purpose of evaluating the condition of or repairing the pipe (including bricked up the trap door of pipes etc.). Environmental damage Additional cover of environmental damage shall be applicable in case of company activities liability insurance, construction activity liability insurance, building and territory owner s liability insurance, and product liability insurance In case of additional cover of environmental damage, Gjensidige shall to the extent specified in the insurance contract compensate for the costs of eliminating environmental pollution (e.g. ground, air, water, soil, flora, fauna, organic or inorganic substances) for which the insured person is liable in accordance with the legislations of the Republic of An insured event of environmental damage is a loss event that has occurred during the insurance period and meets all the following conditions: the occurrence of damage is sudden and unexpected. The occurrence of damage is not considered sudden and unexpected when it is caused by a slow and progressive or recurring event; the time period between the occurrence and discovery of the damage is no longer than 72 hours; the claim for the compensation for damage is submitted to Gjensidige no later than 7 calendar days after the discovery of the damage Gjensidige shall not compensate as environmental damage for: damage associated with the deterioration of environmental quality; costs of assessing and/or monitoring pollutants; damages in any territories that are fully used for handling, processing, storage, storing, keeping or loading contaminants or residual materials; damage directly or indirectly resulting from the insured person s operations conducted underground and/or subsurface Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 6/7

7 disposal/removal/loss of or damage to fuel, gas or other substances. Subcontractors of construction activity Additional cover of subcontractors of construction activity shall be applicable in case of construction activity liability insurance In case of additional cover of subcontractors of construction activity: Persons who perform constructions works on behalf of the insured person and on the basis of a contract for services or another similar contract entered into with the insured person (subcontracts) shall also be deemed to be insured persons; In case of an insured event, Gjensidige shall not present a recourse claim against the subcontractor. Underground cables, pipes and other underground facilities Additional cover of underground cables, pipes and other underground facilities shall be applicable in case of construction activity liability insurance In case of additional cover of underground cables, pipes and other underground facilities, Gjensidige shall compensate for the destruction or damage to the existing underground cables and/or pipes and/or other underground facilities, but only if the insured person has complied with the following conditions: an inquiry has been submitted to the relevant authorities about the exact position of such cables, pipes and/or other underground facilities before commencing with the works; appropriate approvals and authorisations for excavation work have been formalised; required safety measures have been implemented to avoid damaging the aforementioned objects In case of additional cover of underground cables, pipes and other underground facilities, a special deductible in the amount of 10% of the amount of damage incurred, but no less than 5,000, shall be applicable. Demolition works Additional cover of demolition works shall be applicable in case of construction activity liability insurance In case of additional cover of demolition works, Gjensidige shall compensate for damage incurred in the course of demolition works Additional cover of demolition works shall not be applicable to demolition works if: works also cover elements of the load-bearing structure of the building; non-road mobile machinery such as excavators or bulldozers are used for performing the work; blasting is using in demolition works In case of additional cover of demolition works, a special deductible in the amount of 20% of the amount of damage incurred, but no less than 5,000, shall be applicable. Delivered work or service Additional cover of delivered work or service shall be applicable in case of company activities liability insurance and construction activity liability insurance In case of additional cover of delivered work and services, Gjensidige shall compensate for damage that occurs after the delivery of the work or service or the delivery of the outcome only if the damage is causally related to the activity of the insured person during the insurance period. Vibration Additional cover of vibration shall be applicable in case of construction activity liability insurance In case of additional cover of vibration, Gjensidige shall compensate for damage caused by vibration associated with construction activity In case of additional cover of vibration, Gjensidige shall not compensate for: damage which is foreseeable, considering the type of construction works and the method of performing the works; damage which neither impairs the stability of the buildings, civil engineering work or area occupied by construction works nor endangers the users thereof; costs of preventing and minimising potential vibration damages, provided that the respective need becomes evident during the insurance period In case of additional cover of vibration, a special deductible in the amount of 20% of the amount of damage incurred, but no less than 5,000, shall be applicable. Terms and Conditions for Legal Entity Liability Insurance VK (valid as of ) 7/7