General Liability Insurance

Transcription

1 General Liability Insurance Insurance Company: Alberta School Boards Insurance Exchange (ASBIE) Insuring Agreement ASBIE agrees to pay on behalf of the Subscriber all sums that they are legally obligated to pay or assumed under an insured contract. Limits: Part 1 $ 250,000 per Occurrence Part 2 $ 250,000 per Claim Part 1 & 2 $1,000,000 Liability Aggregate Deductibles: Part 1: Coverage A - Property Damage Only $2, per Occurrence Part 2: $2,500. per Claim Endorsements: As per individual endorsement PART 1 GENERAL LIABILITY Key Definitions Subscriber (Who is Insured) Subscriber means any one or more Subscribers to the Alberta School Boards Insurance Exchange to whom individual certificates have been issued and also includes: (i) any person or persons who are directors, officers, trustees, governors, teachers, student teachers, employees (including those employed on a full time, part time or employment under contract basis), volunteers or students (including students on outside training courses authorized by the Subscriber) or members of any duly constituted boards, committees, commissions or administrative assemblies of the Subscriber, all while acting within the scope of their duties as such on behalf of the Subscriber; however, the coverage extended to employees does not apply with respect to: 1. Bodily injury or personal injury to the Subscriber or to a coemployee while in the course of his or her employment; or 2. Bodily injury or personal injury to any person who at the time of injury is entitled to benefits under any workers compensation or disability benefits law or a similar law;

2 (ii) 3. Bodily injury or personal injury arising out of his or her providing or failing to provide professional health care services, with the exception of incidental first aid services; or 4. Property damage to property owned or occupied or rented or loaned to that employee, any of the Subscriber s other employees, or any of the Subscriber s partners or associate Subscribers (if the Subscriber is a partnership or joint venture). Each person, firm, corporation or government body for whom the Subscriber has contracted to provide insurance but only with respect to liability that arises out of the operations of the Subscriber, and only to the extent required by such contract; (iii) Owners of property leased to or managed by the Subscriber where the Subscriber is required to provide insurance on behalf of the owner, and then only with respect to liability that arises out of the operations of the Subscriber; (iv) Joint ventures, partnerships, and co-tenancies, including the individual joint venture, partners and co-tenants thereof where the Subscriber has contracted to provide insurance. The insurance so provided shall apply solely to liability arising out of the operations of the joint venture, partnership or co-tenancy. (v) Any person, committee, board organization or group involved in any recreational activities, charitable organization or other similar activity and their directors, officers, members and active non-members while acting on behalf of such, sponsored and approved by the Named Subscriber; (vi) The interest of all owners, lessors, trustees, mortgagees and/or lessees in property for which the Subscriber has agreed to provide insurance. It is agreed that the said owners, lessors, trustees, mortgagees, and/or lessees shall be included as insured persons where required, but solely with respect to liability arising out of the premises and/or operations referred to in the contract or agreement between the Subscriber and said owners, lessors, trustees, mortgagees and/or lessees. (vii) Any person or organization having proper temporary custody of the Subscriber s property if the Subscriber dies, but only: 1. With respect to liability arising out of the maintenance or use of that property; and 2. Until the Subscriber s legal representative has been appointed; and the Subscriber s legal representative if the Subscriber dies, but only with respect to his or her duties as such. That representative will have all the Subscriber s rights and duties under this agreement. (viii) Any person (other than an employee of the Subscriber) or organization while acting as Real Estate Manager for the Named Subscriber; (ix) unincorporated non-profit educational entities;

3 (x) contract bus drivers of the Subscriber (where an individual certificate has been issued and premium has been indicated on the individual certificate issued hereunder); (xi) further education councils or societies; (xii) school councils. Insured Contract Contract or Agreement means: (i) (ii) Personal Injury a lease of premises, easement agreement, agreement required by municipal ordinance, railway sidetrack agreement, elevator maintenance agreement; and that part of any other contract or agreement under which you assume the tort liability of another, if the contract or agreement is made prior to the bodily injury or property damage. Tort liability means a liability that would be imposed by law even if there were no contract or agreement. Personal Injury means injury, other than bodily injury due to: (iii) (iv) false arrest, malicious prosecution, wilful or wrongful detention or imprisonment; oral or written publication of material that violates a person s right of privacy, wrongful eviction, wrongful entry.

4 Coverage A Bodily Injury Liability Property Damage Liability Bodily Injury means bodily injury, sickness, or disease sustained by a person, including death. Property Damage means (i) physical injury to or destruction of tangible property caused by an occurrence including loss of use thereof at any time resulting there from; or (ii) loss of use of tangible property that has not been injured or physically destroyed provided such loss of use is caused by an occurrence during the Policy Period. Key Coverage Points Coverage under this section is for bodily injury and property damage only Payment is made only for those sums that the Subscriber is legally obligated to pay Insurer is liable for payment of compensatory damages only. Punitive damage awards and other penalties are not covered by the policy Coverage is provided only for losses that occur during the policy period. Coverage applies to injuries and damage occurring during the policy period anywhere in the world. The suit for damages must be brought within Canada or the United States Insurers have the right and duty to defend any action. Subscribers have the obligation to assist and cooperate with the insurers in the settling and enforcing the coverage Insurers reserve the right to (i) investigate any claim and (ii) settle any claim or action at their discretion. Key Exclusions Bodily injury or property damage arising out of the use or operation by or on behalf of the Subscriber of an automobile, aircraft, or watercraft Bodily injury or property damage due to war Bodily injury or property damage due to terrorism Bodily injury or property damage due to pollution Bodily injury or property damage due to intentional acts, alleged criminal acts, Any obligation under Workers Compensation Disability Benefits or unemployment compensation law or similar law Loss of use of property due to delay in or lack of performance by or on behalf of the Subscriber Property damage to property owned, controlled or in the custody of the Subscriber Bodily injury or property damage due to nuclear energy liability Bodily injury or property damage due to fungi and/or mould Bodily injury or property damage due to asbestos.

5 Coverage B Personal Injury Liability Advertising Injury Liability Key Coverage Points Personal Injury and Advertising Injury is defined to mean injury, other than bodily injury, arising out of one or more of the following offences: False arrest, wilful or wrongful detention or imprisonment Malicious prosecution Oral or written publication of material that violates a person s right of privacy Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods, products or services Infringement of copyright Misappropriation of advertising ideas or style of doing business Key Exclusions Any oral or written publication of material which is known to be false at the time it is made is not insured by the policy. Any wilful violation of a law Liability assumed under contract Coverage C Incidental Medical Malpractice Injury Liability Provides coverage for administering, dispensing, rendering or the failing to administer or render medical, surgical, dental, psychiatric or nursing or other treatment or supplies. By a person who is not engaged in the business or occupation or profession of providing any of the services described.

6 PART 2 EDUCATIONAL ERRORS & OMISSIONS ASBIE agrees to pay on behalf of the Subscriber all sums that they are legally obligated to pay with respect to a Wrongful Act, as defined. Key Definitions Administrative Services means any act, decision or exercise of discretion or prerogative or any service legally rendered by persons elected to the Educational Entity s board or legally appointed to administrative functions or to boards, committees, commissions, or administrative assemblies, as set up by law or under the authority of the Education Entity, when acting within the scope of their functions concerning the general administration of the Educational Entity, including in particular but not limited to the administration of finances and funds, the receiving of revenues and the paying of expenses, the awarding or approval of contracts, submissions, agreements or any other task carried out on behalf of the Educational Entity. Abuse shall mean physical abuse, mental abuse, sexual abuse and assault and battery. Claim means any judicial or administrative proceeding initiated against any Subscriber or institution for Damages or other relief. Educational Entity means the entity named in the Declarations and any subsidiary and / or affiliated entities or associations of the Educational Entity named or endorsed hereto. Educational Services means all services legally provided by the Educational Entity in the fields of culture, education and research. Subscriber means any one or more Subscriber Persons and/or the Educational Entity and also includes: any person or persons who are directors, officers, trustees, governors, teachers, student teachers, employees (including those employed on a full time, part time or employment under contract basis), volunteers or student (including students on outside training courses authorized by the Educational Entity) of the Educational Entity, or Subscriber of any duly constituted boards, committees, commissions or administrative assemblies of the Educational Entity, all while acting within the scope of their duties as such on behalf of the Educational Entity; Wrongful Act means any actual or alleged error or misleading statement or act or omission or neglect or breach of duty by any Subscriber Person, individually or collectively, or any other matter claimed against any Subscriber Person in the discharge of an administrative board or professional decision/duty.

7 Key Coverage Points Coverage is provided only for losses that are reported during the policy period, for wrongful acts committed by and suit for damages brought against you within Canada or the United States The act, error or omission was made by someone whose acts, errors or omissions you are legally responsible for, and Arises from the Professional Services provided If it is an ongoing act, error or omission, the claim is considered to arise when the first claim is made Insurers have the right and duty to defend any action. Subscribers have the obligation to assist and cooperate with the insurers in the settling and enforcing of the coverage Insurers reserve the right to (i) investigate any claim and (ii) settle any claim or action at its discretion There is coverage for Penal Defence Costs, if you successfully defend a criminal action against you Extended reporting period of 60 days Key Exclusions Any person gaining any personal profit or advantage to which they were not legally entitled Anything that falls under personal injury, above, is not covered under this section Breach of fiduciary duties and obligations in connection with employee benefit or pension plans, fringe benefits or retirement programs Fraudulent, dishonest, criminal or other malicious wrongful acts, errors or omissions Failure to maintain insurance Anything that happened before the policy first began or that was known before the policy first began The rendering of or failure to render professional services by any architect, engineer or member of the medical profession Arising from pollution Arising from nuclear energy liability Arising from data problems, including electronic communication of data Arising from terrorism

8 Policy Endorsements The Limits of Liability with respect to these Endorsements shall be part of and not in addition to the Limits of Liability as stated in the Declarations page or in any endorsements and shall not be cumulative with any limits stated elsewhere in the Policy. 1. Employee Benefit Programs Liability ASBIE will pay all sums which you become legally obligated to pay as compensatory damages for claims made against you by an employee or former employee for injury caused by the negligent act, error or omission that you are legally liable for in the administration of Employee Benefits. Limit each claim $ 250,000 Annual aggregate, one or more subscribers $1,000, Tenants Legal Liability ASBIE will pay on your behalf all sums which you become legally obligated to pay because of property damage you cause by accident to premises leased to, rented to, or occupied by you. Limit each claim $ 250,000 Annual aggregate, one or more subscribers $1,000, (1) Direct Employer s Liability and (2) Contingent Employer s Liability ASBIE agrees to pay all sums that you become legally obligated to pay as compensatory damages because of Bodily Injury caused by accident sustained by any person and arising out of and in the course of his employment, if such employee is not covered by any Workers Compensation Act; or if they are normally covered by a Workers Compensation Act but it does not apply. ASBIE will not pay for liability assumed under contract, nor caused intentionally or by a Criminal or alleged Criminal Act, nor by Abuse. Agreement (1) or (2) Limit each claim $ 250,000 - one person or more than one person in any one accident or event - one subscriber or more than one subscriber 4. Medical Payments ASBIE will pay reasonable medical expenses incurred within one year, regardless of fault, for bodily injury caused by an accident on premises you are responsible for, to a person who is not your employee or working for you or on your behalf, or taking part in an athletic activity, or otherwise entitled to Workers Compensation. Limit per person $10,000 Limit per accident $50,000

9 5. Legal Liability for Damage to Hired Automobiles Limit any one accident $75,000 Deductible $ Wrongful Dismissal Liability ASBIE will pay damages you become legally obligated to pay, and defend you in any civil action, arising out of the alleged wrongful dismissal or other employment condition change of an employee. Warranty: You must provide full disclosure of all relevant information to qualified legal counsel, receive a written opinion from that legal counsel, and implement that opinion to effect the change in employment conditions, as a condition precedent to coverage, subject to the exclusions contained herein. Limit each claim $ 250,000 Annual aggregate, one or more subscribers $1,000,000 Deductible (minimum) $10,000 or One month s wages or salary for each year or portion employed, or An amount determined in an agreed settlement with the claimant Whichever is greater. 7. Elevator Collision Liability for liability arising out of accidental collision of the elevator car with another object. Limit any one accident $250, Forest and Prairie Protection Acts Expenses Insurance ASBIE will pay all sums you become legally obligated to pay for (i) expenses incurred by others in controlling and extinguishing fires, as imposed by any forest fire prevention act or similar legislation; or for (ii) expenses incurred by you, where you are not responsible and the expenses are not recoverable from the responsible party. Limit each claim $ 250,000 Annual aggregate, each claim, one or more subscribers $1,000,000 Deductible each accident or occurrence $ 1,000 Please note this is a coverage summary only. The policy may contain limits, warranties and exclusions that will limit the coverage available under the policy. Please refer to the actual contract of insurance for complete terms and conditions.