UNIVERSITY OF TRENTO CIVIL RESPONSIBILITY INSURANCE POLICY

Transcription

1 UNIVERSITY OF TRENTO CIVIL RESPONSIBILITY INSURANCE POLICY This document reflects the contractual conditions in force, though it should not be considered as a binding analysis of the coverage and, in case of accident or of interpretative necessities, the original policy prevails, as it is the only document recognised for the purposes stated. POLICY No.: COMPANY: LLOYD S OF LONDON STARTING DATE: :00 AM EXPIRY DATE: :00 AM INSURED The Contracting party all physical persons (including both employees and non employees) the Contractor avails himself of aiming at his own activity and/or activities towards consortia, including after work and/or student and/or recreational and/or charity work associations (with or without legal personality) and their adherents post-docs, doctoral students, prorogation doctorates, scholars, students attending a specialisation course, graduates, trainees, interns, PhDs, students and all people attending the University students that temporarily perform a paid activity in accordance with Law 390/01 Art. 13 and eventual subsequent amendments and/or integrations bidders, subcontractors, and their employees working within the University. LIMITS OF LIABILITY Third Party Liability insurance single 5,000, by accident; Third Party (employee) insurance 5,000, by accident up to a maximum of 2,500, by single supplier. TERRITORIAL VALIDITY The insurance has a worldwide validity. INSURED ACTIVITY AND OBJECT OF THE INSURANCE This policy covers the civil responsibility of the Insured party deriving from carrying out the activities of the University of Trento, including both institutional and non institutional, ordinary and extraordinary activities, allocated, assumed and conferred to them, including any preliminary, complementary, accessory, solidarity, recreational, voluntary and social responsibility activities, as well as any other activities prescribed by the Statute and the applicable Regulations, without any exclusion or exception, and in any case for any activities performed using any means deemed useful or necessary, including research and consultancy in any sector, including the medical, veterinary and engineering sectors. Third Party Liability Insurance section The Company undertakes the obligation to ensure that the Insured is indemnified for any sums that they may be requested to pay, for which the Insured may be civilly responsible by law, as compensation (capital, interests and expenses) for damages unintentionally caused to third parties, death, personal injuries, and damages to properties, following an event occurred in 1

2 connection with the activity carried out, including any damages resulting from the interruption or suspension, in total or in part, of industrial, commercial, agricultural or service activity, provided that they are the result of an incident covered by the terms of the policy, even if the interruption affects parties other than those suffering the material damage. The insurance also applies to civil responsibility of the Insured for malicious actions of persons for which the Insured is responsible. Employer Liability Insurance section The Company undertakes the obligation to ensure that the Insured is indemnified for any sum that they may be requested to pay (capital, interests and expenses) as civilly liable party: 1. pursuant to art. 10 and 11 of Pres. Decree no. 1124/1965, Leg. Decree no. 317/1987 and Leg. Decree no. 38/2000 and subsequent amendments and integrations, for any injuries and damages suffered by workers and/or para-subordinate workers employed by the Insured; 2. for any injuries and damages suffered by workers not subjected to legal compulsory insurance for injuries in the workplace (INAIL - National Institution for Insurance against Accidents at Work), as outlined in point 1 above; 3. pursuant to the Civil Code, as a reimbursement for any damages not included within the discipline of Pres. Decree no. 1124/1965, suffered by workers and/or para-subordinate workers as described in point 1. for death or personal injuries. The Employer Liability Insurance guarantee also applies to claims initiated by INPS pursuant to art. 14 of law no. 222 dated The cover also extends to the risk of the work related illnesses listed in the tables attached to the Pres. Decree no. 1124/1965, or contemplated by Pres. Decree no. 482/1975 and subsequent amendments, integrations and interpretations, in force at the moment of the incident, as well as any illnesses recognised as work related illnesses by the court, with the exclusion of asbestosis and silicosis. EXCLUSIONS (THIRD PARTY LIABILITY SECTION) 1. Excluded from the terms of this policy are any damages in connection with civil responsibility risks for which in accordance with Leg. Decree no. 209/2005 and subsequent amendments and integrations, the Insured is requested to have compulsory insurance, as well as any resulting from the use of aircrafts; 2. any damages deriving from the possession or use of radioactive substances or devices for the acceleration of atomic particles, as well as any damages which, in relation to the insured risks, have occurred in connection with transmutations of the atom nucleus, or with radiations caused by artificial acceleration of atomic particles. It is however included the Civil Liability deriving from the existence and use by authorised personnel of X rays and GAMMA rays devices, as well as other emissions, and other equipment (e.g. Tac, Pet, Rmn, particle and cyclotron accelerators, metal detectors, sterilisers, etc.) and from the generation of electromagnetic fields, for the purpose of research, experimentation etc. 3. From theft; it is however included the civil liability of the Insured for theft damages caused to Third parties by persons using - for the purpose of the crime - planking and scaffolding erected by the Insured, or in any case when the responsibility for the crime may fall on the Insured; 4. of any determined nature and from any determined cause as a consequence of atmosphere pollution, smoke or gas exhalations, pollution, infiltration, water, soil, or crop contamination, interruption, impoverishment or diversion of springs or waterways, 2

3 alteration or impoverishment of water tables, mineral deposits and in general of anything that may be present underground, susceptible to being exploited, limited to third party liability insurance and damages to third party properties. FURTHER INFORMATION AND EXTENSIONS Solely as a way of example, the insurance shall also apply for: 1. civil liability deriving from ownership or running and/or use, for any intent and purpose, of buildings, including temporary frame structures, inflatable warehouses, grounds and related equipment and structures that may be used, parks, gardens, also with long-stemmed trees, both by the Insured for their own activity, and by third parties for, as a way of example, but not limited to: sports, recreational, welfare, educational activities; private homes, offices; rural activities; industrial, commercial and/or goods storage activities. 2. The liability resulting from building works in general, ordinary and extraordinary maintenance, super-elevation, demolition, expansion and repair connected with the own activity; in case these operations are contracted or subcontracted, the civil liability of the Insured is covered in its contractor role. 3. Given that the Insured party facilitates the social integration of disabled people in cooperatives and commercial, agricultural and industrial activities of third parties through rehabilitation activity projects, the personal civil liability of these people, with the exclusion of any damage to machinery or equipment on which the activities are carried out. 4. The liability for damages to transport vehicles, being loaded or unloaded, to vehicles of third parties and/or employees parked within the areas where the structures or the administration premises of the Insured are located. 5. The responsibility of the Insured party deriving from damages to properties entrusted and/or being guarded by the Insured. 6. The liability deriving from the management of infirmary and first aid services, including the personal civil liability for medical and paramedical staff. 7. The liability deriving from any activities complementary to the institutional activity, such as: advertising, promotion, sporting, artistic, cultural, welfare and scientific activities, in the role of promoter, organiser and/or participant to trips, competitions and events, including those of a sports, cultural, recreational, artistic, historical nature and similar, congresses, seminars, contests, symposiums, conferences and similar, language and refresher courses, receptions, social-educational centres, associations (cultural, recreational, artistic, sports related and similar), shows, films, exhibitions and fairs, expositions, markets and slaughters and similar. The same also as the provider of spaces or structures for events organised by third parties. 8. The liability for damages to third party properties resulting from fire, explosion, outburst of items owned or retained by the Insured. It is implicit that if the Insured is already covered by fire insurance with "THIRD PARTY PROPERTY DAMAGE", this policy will operate as excess insurance, for any amounts in excess of the sums insured with the above fire insurance policy. 9. The personal Civil liability of the employees in their position of: "Employer"; "Protection and safety service manager" pursuant to Leg. Decree no. 626/1994 and subsequent amendments and integrations; as well as in their role of "Managers or coordinators for the planning and/or the execution of the works", pursuant to Leg. Decree no. 494/1996 and subsequent amendments and integrations. 3

4 10. The civil liability of the Insured for damages to conduits or underground systems. 11. The civil liability of the Insured for ground sinking or sliding. 12. The liability for damages caused by excavation, installation and underground reinstallation of systems and equipment in general, both when performed by the Insured itself, or commissioned to third parties, in which case only limited to the civil responsibility of the contractor. 13. In exception to point 4 of the Article "Exclusions", and up to the amount of the limit set for damages unintentionally caused to third parties as a result of the environmental pollution due to unforeseen circumstances. damages deriving from the following are not included: - genetic modifications; - from the intentional non compliance with current laws. Also included are any expenses sustained by the Insured to remove, neutralise, or limit, the consequences of an accident that may be covered by the terms of this policy, with the obligation of the Insured party to notify the Company. 14. The civil liability of the Insured party for damages caused following authorised experimentation and/or experimentation carried out in accordance with the current relevant legislation, including any experimentation carried out on consenting people, or on animals, including any preliminary activities, with the clause that this policy will operate as excess insurance, for any amounts in excess of the sums and guarantees of a specific cover that may be in place. 15. The civil liability of the Insured for any operations for the disposal of special, toxic and harmful waste etc. that may have caused personal injuries to third parties or death, and/or accidental pollution of any kind, with the condition that such waste has been entrusted to officially approved companies in accordance with current laws and regulations, notwithstanding the right of claim of the Company towards liable third parties. 16. The civil liability of the Insured deriving from damages to goods the Insured party has received on loan or for use, for any purpose, or deriving from the property of goods entrusted on loan or for use, for any purpose, to third parties. 17. The civil liability of the Insured party deriving from the direct management and/or the management entrusted to third parties of canteens, stores and/or bars and/or automatic vending machines, inside the establishment of the Contractor/Insured party, including any risks resulting from the distribution of food or drinks, even if entrusted to third parties. 18. The civil liability of the Insured deriving from the ownership and/or management, both directly and/or entrusted to third parties, of accommodations, student premises, structures, sports and/or recreational and/or cultural infrastructures etc. 19. The civil liability of the Insured deriving from the management and/or from sporting and/or recreational activities, including any activities carried out or organised through third parties. The liability of the Insured party deriving from carrying out research, consultancy and experimentation activities in general. 20. The civil responsibility of the Insured deriving from the management of all services permitted by law in its legal status, taken over with the approval of the relevant body, such as, as a way of example, but not limited to, crèches, nursery schools, schools in general for company use, summer camps and similar, including any activities for which the management has been entrusted, in total or in part, to third parties, in which case, the definition of third parties shall also include any of the employees of these bodies. 21. The civil liability of the Insured in accordance with Art of the Civil Code, for any damages caused to third parties by its own employees and assistants, in connection with the driving of cars, moped, motorcycles, provided that they do not belong, or are not held in usufruct by the Insured, and are not registered in the Insured name with the P.R.A. (Pubblico Registro 4

5 Automobilistico - Public motor-vehicle register), or leased to the Insured party. The guarantee also applies to any personal damages caused to the persons transported. 22. The civil liability for damages to third parties transported on motor vehicles owned or used by the Insured, circulating inside the perimeter of the plant, with the exception of any covered by Leg. Decree no. 209/2005 and law no. 990/1969 and subsequent amendments. 23. Provided that the Contractor/Insured may entrust for use to its employees, partners, consultants and third parties in general, and for any purpose, vehicles registered for private use owned or leased by the Insured, the sums that they may have to pay to the driver of said vehicles for any damage suffered by the driver due to defective maintenance, or for any other damage for which the Contractor/Insured party is liable. 24. The civil liability deriving from the distribution and sale of products in general, including pharmaceutical and galenic products; the insurance includes damages caused within one year from the delivery, and in any case during the period of validity of the insurance, deriving from products administered or sold, excluding any damage caused by an original defect of the product itself; in case of food or pharmaceutical products produced by the Insured, administered or sold within the same premises, the insurance also applies to any damages caused by an original defect of the product itself. 25. The civil liability for the ownership of advertising signs or boards. 26. The civil liability deriving from the existence of surveillance services, including armed surveillance and dog surveillance. 27. The civil liability deriving from the circulation of vehicles not covered by the obligations of Leg. Decree no. 209/2005 and law no. 990/1969 and subsequent amendments or replacements. 28. The civil liability deriving from snow falling from buildings or plants. 29. The civil liability deriving from the ownership and/or management, even if entrusted to third parties, of visitor parking areas, ownership and/or use of fuel distribution units. 30. The liability of the Insured in relation to goods received on loan, leasing, hire and similar; given that the Insured may use buildings and/or goods belonging to third parties, following loan, leasing or hire agreements, the guarantee is extended to the civil liability of the Insured derived from contractually taking over the civil liability of the owner of the buildings themselves. OBLIGATIONS IN CASE OF ACCIDENT In case of incident the University of Trento shall notify the Company or the broker within 15 working days from the moment the relevant office of the University has become aware of the request for compensation from third parties. The Contractor shall notify the Company of any incidents falling within the scope of the "Employer liability insurance" guarantee only and exclusively: 1. in case of incidents resulting in a judicial inquiry by law; 2. in case of request for damages or legal action by employees or their legal dependants, as well as by INAIL (National Institution for Insurance against Accidents at Work), if the same should exercise the subrogation right in accordance with Pres. Decree no dated and subsequent amendments and integrations. 5