Master Liability Policy specimen

Transcription

1 Master Liability Policy Royal & Sun Alliance Insurance plc (No ). Registered in England & Wales at St. Mark's Court, Chart Way, Horsham, West Sussex, RH12 1XL. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

2 Contents This policy incorporates the following which shall be read together as one contract and words and expressions to which specific meaning is given in any part of this policy shall have the same meaning wherever they appear Statement of Intent Introduction Schedule Definitions Advertisement Aircraft Products Asbestos Asbestos Containing Materials Asbestos Dust Bodily Injury Business Data Employee Employment Related Practices Insured Legal Costs Local Policy North America Occurrence Offshore Person Employed Personal and Advertising Injury Property Damage Silica Silica-related Dust Terrorism Vehicle Section 1 Public/Products Liability General Provisions Section 1 Public/Products Liability Exclusions Extensions Compensation for Court Attendance Contingent Motor Liability Cross Liabilities Defective Premises Act Excess and Residual Employers Liability Excess Motor Liability Overseas Personal Liability Unauthorised Movement Vendors Liability Section 2 Personal and Advertising Injury General Provisions Section 2 Personal and Advertising Injury Exclusions Extensions Compensation for Court Attendance Cross Liabilities Conditions 28 January 2014 Page 1 of 29

3 Contents Conditions General Conditions Claims Conditions Customer Service Additional Information Complaints Procedure - Our Commitment To Customer Service 28 January 2014 Page 2 of 29

4 Statement of Intent PLEASE READ THIS POLICY (AND THE SCHEDULE WHICH FORMS AN INTEGRAL PART OF THE POLICY) TO ENSURE THAT IT MEETS YOUR REQUIREMENTS This policy (and the Schedule which forms an integral part of the policy) is a legal contract Please examine it thoroughly to ensure it meets your requirements and if it does not please advise your insurance adviser immediately We would remind you that you are required to inform us immediately of any facts or changes which we would take into account in our assessment or acceptance of this insurance and failure to do so may invalidate your policy or result in certain covers not operating fully If you are in doubt as to whether a fact is material or not please contact your insurance adviser 28 January 2014 Page 3 of 29

5 Introduction The Insurers will provide insurance in the terms of this policy Signed for the Insurers Date... ISSUED BY Royal & Sun Alliance Insurance plc Leadenhall Court 1 Leadenhall Street LONDON EC3V 1PP Telephone January 2014 Page 4 of 29

6 Schedule Insured Business Period of Insurance To First Premium Insurance Premium Tax Total First Premium Renewal Premium Insurance Premium Tax or any premium substituted therefor Total Renewal Premium Agency Agency Reference or any subsequent period for which the Insurers accept a premium or any premium substituted therefor 28 January 2014 Page 5 of 29

7 Schedule - Limits of Liability Section 1 Public/Products Liability a) b) c) Limit of Indemnity Limit of Indemnity Limit of Indemnity Section 2 Personal and Advertising Injury Personal and Advertising Injury Limit of Indemnity Any one Occurrence All Occurrences happening during the Period of Insurance arising out of products supplied All incidents considered to have occurred during the Period of Insurance in respect of pollution or contamination of buildings or other structures or of water or land or of the atmosphere Any act committed during the Period of Insurance arising out of Personal and Advertising Injury 28 January 2014 Page 6 of 29

8 Schedule - Deductibles Deductible The Insurer shall not be liable for the Deductible- Section 1 the first amount of each and every Occurrence which the Insured agrees to pay Section 2 the first amount of each and every claim which the Insured agrees to pay Provided that a) any Deductible shall be included within the Policy Limit of Indemnity or any other limit of liability stated in the Policy unless otherwise stated b) in the event that the Insurer pays any part or all of the Deductible under this Policy or any Local Policy to effect settlement of any claim under this Policy or any Local Policy the Primary Insured shall upon request immediately reimburse the Insurer c) the Deductible shall be payable in respect of damages and Legal Costs d) in any one Period of Insurance the total of any amount within the Deductible shall not exceed in total the amount of the Aggregate Deductible stated in the Schedule but no account shall be taken in calculating the Aggregate Deductible of any amount up to the Non-ranking Deductible e) if the Aggregate Deductible amount is reached during the Period of Insurance the Deductible shall be replaced by the Continuing Deductible for the remainder of the Period of Insurance Deductible Aggregate Deductible Non-ranking Deductible Continuing Deductible 28 January 2014 Page 7 of 29

9 Schedule - Local Policies Schedule - Local Policies The Local Policies listed in Schedule A are issued by the Insurer and are policies underlying this Policy Schedule A The Local Policies listed in Schedule B have been accepted by the Insurer as policies underlying this Policy Schedule B 28 January 2014 Page 8 of 29

10 Definitions Advertisement Advertisement shall mean a notice about the Insured's products for the purpose of attracting customers or supporters that is broadcast or published to the general public or specific market segments or material that is placed on the Internet or other electronic means of communication Provided that only that part of a website that is about the Insured's products for the purpose of attracting customers or supporters is an Advertisement Aircraft Products Aircraft Products shall mean aircraft or any aerial device (including missiles or spacecraft) and any other goods or products manufactured sold handled or distributed or services provided or recommended by the Insured or by others trading under their name for use in the manufacture repair operation maintenance or use of any aircraft or aerial device Asbestos Asbestos shall mean crocidolite amosite chrysotile fibrous actinolite fibrous anthophyllite or fibrous tremolite or any mixture containing any of those minerals Asbestos Containing Materials Asbestos Containing Materials shall mean any material containing Asbestos or Asbestos Dust Asbestos Dust Asbestos Dust shall mean fibres or particles of Asbestos Bodily Injury Bodily Injury shall mean bodily injury death disease or illness Business Business shall mean that which is specified in the Schedule and conducted solely from the premises of the businesses insured under the Local Policies listed in Schedules A and B and shall include a) the ownership repair and maintenance of the Insured's own property b) the provision and management of canteen social sports and welfare organisations and first aid ambulance and medical services for the benefit of any Person Employed c) fire and security services maintained solely for the protection of premises owned or occupied by the Insured d) private work carried out by any Person Employed with the prior consent of the Insured for any director or partner of the Insured or Employee e) the provision of car parks f) the provision of sponsorship g) repair or servicing of vehicles other than on a commercial basis 28 January 2014 Page 9 of 29

11 Definitions Business h) attendance at or participation in trade fairs shows and exhibitions by any Employee or Director in connection with their employment i) former activities of the Insured as declared and agreed by the Insurers Data Data shall mean information represented or stored electronically including but not limited to code or series of instructions operating systems software programs and firmware Employee Employee shall mean any individual under a contract of service or apprenticeship with the Insured Employment Related Practices Employment Related Practices shall mean any error misstatement misleading statement act omission neglect or breach of duty actually or allegedly committed or attempted by the Insured in connection with any actual or alleged a) unlawful or unfair dismissal b) discharge or termination of employment c) breach of any written or oral employment contract or quasi-employment contract d) employment-related misrepresentation e) violation of employment discrimination laws (including sexual or other workplace harassment and discrimination on the grounds of racial or national origin sex sexual orientation religion maternity pregnancy age and disability) f) violation or non-compliance with legislation regulating working hours g) failure to employ or promote h) demotion i) discipline j) deprivation of a career opportunity k) failure to grant tenure l) failure to adopt adequate workplace or employment policies and procedures m) retaliatory treatment of whistleblowers and others n) negligent evaluation o) employment-related invasion of privacy p) employment-related breach of data protection legislation q) employment-related libel slander humiliation and defamation r) failure to furnish job references or accurate job references s) employment-related infliction of mental anguish or emotional distress (continued) Insured The Insured shall mean the Insured as stated in the Schedule and the personal representatives of the Insured in respect of legal liability incurred by the Insured and at the request of the Insured the Insurer will also indemnify the following within the terms and conditions of the Policy 1) any principal 2) any director or partner of the Insured 3) any Person Employed against legal liability in respect of which the Insured would have been entitled to indemnity under this Policy if the claim had been made against the Insured 4) the officers committees and members of the Insured's canteen social sports and welfare organisations and first aid fire ambulance medical and security services in their respective 28 January 2014 Page 10 of 29

12 Definitions Insured capacities as such but this shall not include medical or dental practitioners in relation to medical services provided 5) any director or partner of the Insured or Employee with the prior consent of the Insured in respect of private work undertaken by any Person Employed for such director partner or Employee Legal Costs Legal Costs shall mean A) claimant's costs and expenses which the Insured is legally liable to pay in connection with any claim B) (i) the costs of legal representation (ii) (a) (b) at any Coroner's Court or Fatal Accident Inquest (or other local equivalent) at any court arising out of any alleged breach of statutory duty resulting in any claim which may be the subject of indemnity all other costs and expenses in relation to any matter which may form the subject of a claim for indemnity under this Policy incurred with the written consent of the Insurer Local Policy (continued) Local Policy shall mean any policy listed in Schedules A & B including any certificate issued in support thereof North America North America shall mean the United States of America Puerto Rico or Canada or their territories or possessions or Puerto Rico Occurrence Occurrence shall mean one event or series of events consequent on or attributable to one source or original cause Offshore Offshore shall mean embarkation on to a vessel or aircraft for conveyance to an offshore rig or platform until disembarkation from the conveyance on to land upon return from such offshore rig or platform Person Employed Person Employed shall mean any of the following while under the direct control and supervision of the Insured and whilst working for the Insured in connection with the Business a) Employee b) labour master and persons supplied by any Employee c) individuals employed by labour only sub-contractors d) self-employed person (not being in partnership with the Insured) 28 January 2014 Page 11 of 29

13 Definitions Person Employed e) individual supplied to hired to or borrowed by the Insured f) individual undertaking study or work experience while under the supervision of the Insured g) person working under the Community Offender Act 1978 or similar legislation h) prospective employees being assessed by the Insured as to their suitability for employment Personal and Advertising Injury Personal and Advertising Injury shall mean i. unlawful arrest wrongful detention false imprisonment ii. malicious prosecution iii. nuisance trespass to land or trespass to goods or interference with any easement right of air light water or way iv. invasion of the right of privacy v. wrongful entry wrongful eviction or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor vi. oral or written publication of material in any manner that slanders or libels a person or organisation or disparages a person's or organisation's goods products or services vii. oral or written publication of material in any manner that violates a person's right of privacy viii. the use of another's advertising idea in an Advertisement ix. infringement of copyright trade dress or slogan in an Advertisement (continued) and shall include Bodily Injury arising from the torts enumerated in i. to ix. above Property Damage Property Damage shall mean loss of or damage to or destruction of material property but shall not include loss of or damage to Data Silica Silica shall mean silicon dioxide (occurring in crystalline amorphous and impure forms) silica particles silica dust or silica compounds Silica-related Dust Silica-related Dust shall mean a mixture or combination of Silica and other dust or particles Terrorism Terrorism shall mean acts of persons acting on behalf of or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of Her Majesty's government in the United Kingdom or any other government de jure or de facto Vehicle Vehicle shall mean any mechanically propelled vehicle (including any machinery or apparatus attached thereto) 28 January 2014 Page 12 of 29

14 Section 1 Public/Products Liability General Provisions Section 1 Public/Products Liability The Insurer will provide indemnity to the Insured to the extent that a) indemnity is not provided by b) the limits applicable are exceeded under any Local Policy listed in Schedule A and Schedule B c) indemnity is not provided solely by reason of insolvency under any Local Policy listed in Schedule A 1) up to the Limit of Indemnity for damages which the Insured shall become legally liable to pay consequent upon a) accidental Bodily Injury b) accidental Property Damage happening during the Period of Insurance in connection with the Business and arising out of an Occurrence 2) for Legal Costs Provided that a) in respect of any one Occurrence b) in respect of all Occurrences happening during the Period of Insurance arising out of products supplied c) in respect of all incidents considered to have occurred during the Period of Insurance in respect of pollution or contamination of buildings or other structures or of water or of land or of the atmosphere The following shall apply 1. the Limits of Indemnity shall be reduced by an amount equal to the indemnity recoverable by the Insured under each Local Policy declared in Schedule A and B 2. where any amounts paid by the Insurer under any Local Policy and this Policy exceed the Limits of Indemnity stated in the Schedule all such excess amounts shall be recoverable from the Primary Insured 3. the total amount payable in respect of 1 above and all Extensions and Endorsements shall not exceed the Limit of Indemnity 4. all Legal Costs shall be payable in addition to the Limits of Indemnity but in respect of claims brought in North America the Limits of Indemnity shall be inclusive of all Legal Costs 5. the Insurer may at any time pay the Limit of Indemnity (less any sums already paid as damages) or any less amount for which at the absolute discretion of the Insurer the claims arising out of such Occurrence can be settled The Insurer will the relinquish control of such claims and be under no further liability in respect thereof except for Legal Costs for which the Insurer may be responsible prior to the date of such payment 6. where the Insurer is liable to indemnify more than one person the total amount of indemnity in respect of damages shall not exceed the Limit of Indemnity 28 January 2014 Page 13 of 29

15 Section 1 Public/Products Liability Exclusions The indemnity will not apply to legal liability 1) arising from or out of the ownership possession or use by or on behalf of the Insured of any A) Vehicle other than legal liability arising out of 1) the use of plant as a tool of trade on site 2) the use of plant at the premises of the Insured 3) the loading or unloading of any vehicle except where indemnity is provided by any motor insurance contract or where insurance or security is required by law B) aircraft or other aerial device C) aerospatial device D) hovercraft or hydrofoil E) water-borne vessel or craft other than i) hand propelled or sailing craft in inland or territorial waters and not exceeding 50 feet in length ii) craft used for business entertainment within inland or territorial waters 2) arising from or in connection with 1) advice 2) design 3) specification provided for a fee by the Insured and not connected with the supply or intended supply of the Insured's products 3) for or arising from Property Damage which at the time of the Occurrence giving rise to such liability is owned by or held in trust by or in the custody or control of the Insured other than (a) (b) (c) Employees' directors' or visitors' personal effects including vehicles and their contents premises and their contents not owned by or leased or rented to the Insured at which the Insured is undertaking work in connection with the Business premises and their fixtures and fittings leased or rented to the Insured unless such legal liability 1) has been accepted by agreement in which case the indemnity will only be provided to the extent that such liability would have attached in the absence of such agreement 2) arises from an agreement to maintain in force insurance in respect of loss of or damage to such premises and their fixtures and fittings 28 January 2014 Page 14 of 29

16 Section 1 Public/Products Liability Exclusions 4) caused by or arising out of pollution or contamination of buildings or other structures or of water or land or the atmosphere unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific moment in time and place during they Period of Insurance Provided that all pollution or contamination which arises out of one incident shall be considered by the Insurer for the purposes of this Policy to have occurred at the time such incident takes place 5) arising from any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power 6) for Bodily Injury sustained by any Person Employed arising out of and in the course of the employment of that person by the Insured in the Business 7) for Property Damage to any product supplied or contract work executed by the Insured caused by any defect therein or the harmful nature or unsuitability thereof for its intended purpose 8) for the costs of recall removal repair alteration replacement or reinstatement of any product supplied or contract work executed by the Insured necessitated by any known or suspected defect therein or the unsuitability thereof for its intended purpose 9) of whatsoever nature directly or indirectly caused by or contributed to or arising from A) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or B) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 10) for A) fines or penalties B) liquidated damages C) compensation ordered or awarded by a Court of Criminal Jurisdiction D) aggravated exemplary or punitive damages 11) for any liability arising out of Aircraft Products 12) arising in whole or in part directly or indirectly out of 28 January 2014 Page 15 of 29

17 Section 1 Public/Products Liability Exclusions a) polychlorinated biphenyls b) ureaformaldehyde where such liability arises out of the known or suspected injurious or damaging effects of the above 13) for Bodily Injury or Property Damage or legal liability of whatsoever nature directly or indirectly resulting from Employment Related Practices 14) for Bodily Injury or Property Damage or remediation costs or legal liability of whatsoever nature directly or indirectly caused or contributed to or occurring by the presence of Asbestos Asbestos Containing Materials or Asbestos Dust or the release of Asbestos Dust or the exposure of persons buildings or property to Asbestos Asbestos Containing Materials or Asbestos Dust 15) for Bodily Injury or Property Damage in respect of any Deductible excess or other self insured retention applying in any of the Local Policies in Schedules A & B 16) for Bodily Injury or Property Damage in respect of any claim not indemnified under any Local Policy due to non-compliance with any condition or warranty specified therein 17) for Bodily Injury or Property Damage arising out of Personal and Advertising Injury 18) for Bodily Injury or Property Damage or remediation costs or legal liability of whatsover nature directly or indirectly caused or contributed to or occurring by the presence of Silica or Silica-related Dust 28 January 2014 Page 16 of 29

18 Section 1 Public/Products Liability Extensions Each of which is subject otherwise to the terms and conditions of this Policy unless specifically stated otherwise herein Compensation for Court Attendance In the event of any of the undermentioned persons attending court as a witness at the request of the Insurer in connection with a claim in respect of which the Insured is entitled to indemnity under this Policy the Insurer will provide compensation to the Insured at the following rates per day for each day on which attendance is required a) any Director or partner of the Insured 500 b) any Employee 250 Contingent Motor Liability Notwithstanding Exclusion 1A) the Insurer will provide indemnity to the Insured against legal liability for Bodily Injury or Property Damage arising out of the use in the course of the Business by any Employee of any Vehicle not the property of nor provided by the Insured The indemnity will not apply to legal liability A) in respect of loss of or damage to such Vehicle or to property conveyed therein B) in respect of which the Insured is entitled to indemnity under any other insurance Cross Liabilities If the Insured comprises more than one party the Insurer will provide indemnity to each in the same manner and to the same extent as if a separate Policy had been issued to each Provided that the total amount payable in respect of damages under any or all policies shall not exceed the Limit of Indemnity stated in the Schedule Defective Premises Act The Insurer will provide indemnity in respect of legal liability for Bodily Injury or Property Damage incurred by virtue of the provisions of Section 3 of the Defective Premises Act 1972 or equivalent legislation enacted outside the United Kingdom The indemnity will not apply to legal liability A) for the costs of remedying any defect or alleged defect in premises disposed of by the Insured B) to the extent that indemnity is provided from any other source Excess and Residual Employers Liability Notwithstanding Exclusion 6 the Insurer will provide indemnity in respect of legal liability for Bodily Injury sustained in connection with the Business to any Person Employed where the Insured's legal liability is insurable under any employers' liability workmens' compensation or similar law Provided that the Insurer shall only be liable (i) in excess of any limits applicable under any policy or policies effected in any country to comply with such legal requirements or 1,000,000 per Occurrence whichever is the greater up to the Limits of 28 January 2014 Page 17 of 29

19 Section 1 Public/Products Liability Extensions Excess and Residual Employers Liability (ii) Indemnity stated in the Schedule in respect of subrogation rights exercised against the Insured by any state social security or similar scheme (insured or otherwise) The indemnity will not apply to legal liability A) in respect of which the Insured is entitled to indemnity under any other insurance B) arising directly or indirectly out of Terrorism C) arising out of any work undertaken Offshore D) sustained by any Person Employed in Great Britain Northern Ireland the Channel Islands Isle of Man or the Republic of Ireland Excess Motor Liability Notwithstanding Exclusion 1 A) the Insurer will provide indemnity to the Insured against legal liability for accidental Bodily Injury or accidental Property Damage for any amount in excess of the amount payable under any motor insurance where such liability arises out of the use by any Person Employed or Director of the Insured of any of the Insured's Vehicles Provided that (i) (continued) the limit of liability under such motor insurance shall not be less than USD 5,000,000 or the equivalent thereof in local currency (ii) (iii) the indemnity provided shall in addition be subject to the same terms conditions and warranties as the underlying motor insurance the Limits of Indemnity contained in the Schedule shall be reduced by an amount equal to the indemnity recoverable by the Insured under the underlying motor insurance The indemnity will not apply to legal liability A) in respect of loss of or damage to such Vehicle or to property conveyed therein B) in respect of which the Insured is entitled to indemnity under any other insurance C) arising directly or indirectly out of Terrorism Overseas Personal Liability The Insurer will provide indemnity to the Insured and if the Insured so requests any Employee or Director or partner of the Insured against legal liability in respect of Bodily Injury or Property Damage incurred in a personal capacity while temporarily outside their normal country of residence in connection with the Business The indemnity will not apply i) to legal liability arising out of the ownership or occupation of land or buildings ii) where indemnity is provided by any other insurance Unauthorised Movement The Insurer will indemnify the Insured in respect of liability arising from or in connection with any Vehicle not the property of nor provided by the Insured that is causing an obstruction and interfering with the Business and is moved by any Person Employed or Director of the Insured provided that the indemnity afforded by this Extension will not apply to the extent that an indemnity is provided to the Insured by a more specific motor insurance policy or where insurance or security is required by law 28 January 2014 Page 18 of 29

20 Section 1 Public/Products Liability Extensions Vendors Liability The Insurer will provide indemnity to the Vendor in respect of legal liability for accidental Bodily Injury or accidental Property Damage arising out of the sale or distribution by such Vendor of the any of the Insured's products The indemnity will not apply to legal liability for accidental Bodily Injury or accidental Property Damage (i) (ii) (iii) (iv) (v) (vi) arising out of the unauthorised sale or distribution of the Insured's products arising out of the issuance of any express warranty by the Vendor which has not been authorised by the Insured arising out of the Vendor intentionally changing the physical or chemical make-up of the Insured's products arising out of repacking or repackaging by the Vendor unless unpacked or unpackaged solely for the purpose of inspection demonstration testing or the substitution of parts under instruction from the Insured and then repacked or repackaged in the original container or packaging arising out of failing to carry out such inspections adjustments tests or service as the Vendor has agreed to or normally would carry out in the usual course of the business in connection with the distribution or sale of the Insured's products arising out of demonstration installation service or repair by the Vendor of the Insured's products except such operations carried out at the Vendor's premises in connection with the sale of the Insured's products (vii) arising out of labelling relabelling or using the Insured's products as a container part or ingredient of any other thing or substance (viii) incurred by persons or organisations from whom the Insured has acquired the Insured's products (ix) (x) (xi) liability assumed by the Vendor under any contract or agreement except to the extent that such liability would have attached in the absence of such contract or agreement arising out of the sale or distribution of the Insured's products other than by the Vendor arising out of the ownership or occupation of any premises by the Vendor (xii) arising out of any unauthorised advice or specification by the Vendor in connection with any of the Insured's products (xiii) arising out of the failure by the Vendor to maintain the Insured's products in a merchantable condition For the purpose of this Extension Vendor shall mean any person or organisation who undertakes in the normal course of their business to distribute or sell the Insured's products 28 January 2014 Page 19 of 29

21 Section 2 Personal and Advertising Injury General Provisions Section 2 Personal and Advertising Injury The Insurer will provide indemnity to the Insured to the extent that a) indemnity is not provided by b) the limits applicable are exceeded under any Local Policy listed in Schedule A and Schedule B c) indemnity is not provided solely by reason of insolvency under any Local Policy listed in Schedule A up to the Limit of Indemnity for damages which the Insured shall become legally liable to pay and Legal Costs consequent upon Personal and Advertising Injury in respect of any act committed during the Period of Insurance in connection with the Business Provided that in respect of any one act committed the following shall apply 1. the Limits of Indemnity shall be reduced by an amount equal to the indemnity recoverable by the Insured under each Local Policy declared in Schedule A and B 2. where any amounts paid by the Insurer under any Local Policy and this Policy exceed the Limits of Indemnity stated in the Schedule all such excess amounts shall be recoverable from the Primary Insured 3. the total amount payable in respect of 1 above and all Extensions and Endorsements shall not exceed the Limit of Indemnity 4. all Legal Costs shall be payable in addition to the Limits of Indemnity but in respect of claims brought in North America the Limits of Indemnity shall be inclusive of all Legal Costs 5. the Insurer may at any time pay the Limit of Indemnity (less any sums already paid) or any less amount for which at the absolute discretion of the Insurer the claims arising can be settled The Insurer will then relinquish control of such claims and be under no further liability in respect thereof except for Legal Costs for which the Insurer may be responsible prior to the date of such payment 6. where the Insurer is liable to indemnify more than one person the total amount of indemnity in respect of damages shall not exceed the Limit of Indemnity 28 January 2014 Page 20 of 29

22 Section 2 Personal and Advertising Injury Exclusions The indemnity will not apply 1. to Personal and Advertising Injury caused by or at the direction of the Insured or any director or partner of the Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury 2. to Personal and Advertising Injury arising out of oral or written publication of material if done by or at the direction of the Insured or any director or partner of the Insured with knowledge of its falsity 3. to Personal and Advertising Injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 4. to Personal and Advertising Injury arising out of a criminal act committed by or at the direction of the Insured or any director or partner of the Insured 5. to Personal and Advertising Injury arising due to a contract or agreement except to the extent that such liability would have attached in the absence of such contract or agreement 6. to Personal and Advertising Injury arising out of a breach of contract except an implied contract to use another's advertising idea in the Insured's Advertisement 7. to Personal and Advertising Injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in the Insured's Advertisement 8. to Personal and Advertising Injury arising out of the wrong description of the price of goods products or services stated in the Insured's Advertisement 9. to Personal and Advertising Injury committed by an Insured whose Business is a) advertising broadcasting publishing or telecasting or b) designing or determining the content of web-sites for others or c) providing an internet search access content or service provider For the purposes of this Exclusion the placing of frames borders or links or advertising for the 28 January 2014 Page 21 of 29

23 Section 2 Personal and Advertising Injury Exclusions Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting This Exclusion shall not apply to the torts stated in i) to v) of the Personal and Advertising Injury Definition 10. to Personal and Advertising Injury arising out of electronic bulletin boards or chatrooms that the Insured hosts owns or exercises control over 11. to Personal and Advertising Injury arising from the unauthorised use of another's name or product in an address domain name or metatag or any other similar methods to mislead another's potential customers 12. to Personal and Advertising Injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights However this Exclusion does not apply to infringement in the Insured's Advertisement of copyright trade dress or slogan 13. in respect of any Deductible excess or other self insured retention applying in any of the Local Policies in Schedules A & B 14. in respect of any claim not indemnified under any Local Policy due to non-compliance with any condition or warranty specified therein 15. in respect of A) fines or penalties B) liquidated damages C) compensation ordered or awarded by a Court of Criminal Jurisdiction D) aggravated exemplary or punitive damages 16. to Personal and Advertising Injury sustained by any Person Employed arising out of and in the course of the employment of that person by the Insured in the Business 17. in respect of any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power 28 January 2014 Page 22 of 29

24 Section 2 Personal and Advertising Injury Exclusions 18. to Personal and Advertising Injury caused by or arising out of pollution or contamination of buildings or other structures or of water or land or the atmosphere unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific moment in time and place during the Period of Insurance Provided that all pollution or contamination which arises out of one incident shall be considered by the Insurer for the purposes of this Policy to have occurred at the time such incident takes place. 19. for Personal and Advertising Injury or legal liability of whatsoever nature directly or indirectly resulting from Employment Related Practices 20. to Personal or Advertising Injury or remediation costs or legal liability of whatsoever nature directly or indirectly caused or contributed to or occurring by the presence of Asbestos Asbestos Containing Materials or Asbestos Dust or the release of Asbestos Dust or the exposure of persons buildings or property to Asbestos Asbestos Containing Materials or Asbestos Dust 21. to Personal or Advertising Injury or remediation costs or legal liability of whatsover nature directly or indirectly caused or contributed to or occurring by the presence of Silica or Silica-related Dust 28 January 2014 Page 23 of 29

25 Section 2 Personal and Advertising Injury Extensions Each of which is subject otherwise to the terms and conditions of this Policy unless specifically stated otherwise herein Compensation for Court Attendance In the event of any of the undermentioned persons attending court as a witness at the request of the Insurer in connection with a claim in respect of which the Insured is entitled to indemnity under this Policy the Insurer will provide compensation to the Insured at the following rates per day for each day on which attendance is required a) any Director or partner of the Insured 500 b) any Employee 250 Cross Liabilities If the Insured comprises more than one party the Insurer will provide indemnity to each in the same manner and to the same extent as if a separate Policy had been issued to each Provided that the total amount payable in respect of damages under any or all policies shall not exceed the Limit of Indemnity stated in the Schedule 28 January 2014 Page 24 of 29

26 Conditions General Conditions 1. The due observance and fulfilment by the Insured of all the terms and conditions of this Policy insofar as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Insurer under this Policy 2. The Insured shall at their own expense a) take all reasonable precautions to prevent any circumstances or to cease any activity which may give rise to liability under this Policy and to maintain all buildings furnishings ways works machinery plant and vehicles in a sound condition b) comply with all statutory requirements and regulations imposed by any authority c) as soon as possible after discovery cause any defect or danger or error or omission to be made good or remedied and in the meantime shall cause such additional precautions to be taken as the circumstances may require 3. Cancellation This policy may be cancelled (a) by the Insurer sending thirty days notice by recorded delivery letter to the last known address of the Insured who shall be entitled to a pro rata return of premium (b) by the Insured who may be entitled to a return of premium after deduction of premium at the Insurer's short period rates for the period the policy has been in force 4. The terms of this Policy shall not be waived nor changed except by Endorsement issued or intended to be issued to form part of this Policy 5. Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed hereon 6. If the Premium or any part thereof is calculated on estimates supplied to the Insurer by or on behalf of the Insured the Insured shall keep an accurate record of all relevant particulars and shall allow the Insurer to inspect such records at any reasonable time The Insured shall furnish the Insurer with such information as the Insurer may require at the expiry of the Period of Insurance The Premium shall thereupon be adjusted and any difference shall be paid by or returned to the Insured subject to any agreed Minimum Premium 7. The Insured shall maintain in force during the Period of Insurance stated in the Schedule any Local Policy declared in Schedule A and B 28 January 2014 Page 25 of 29

27 Conditions General Conditions 8. The Insurer may at its own discretion make payment to the Primary Insured of any sums due under this Policy and the receipt by the Primary Insured of such sums shall constitute a sufficient and complete discharge of the Insurer's obligations to the Insured 9. All premiums and claims payable under this Policy shall be paid in Great Britain in Sterling unless otherwise jointly agreed by the Insurer and the Insured For loss settlement the rate of exchange shall be the free rate of exchange applicable at the time of settlement of the loss 10. The Insurer shall not provide any coverage or be liable to provide any indemnity or payment or other benefit under this Policy which would breach economic financial or trade sanctions ("Sanctions") imposed under the law of the country in which this Policy is issued or would otherwise provide cover 28 January 2014 Page 26 of 29

28 Conditions Claims Conditions The due observance and fulfilment by the Insured of all the terms and conditions of this Policy insofar as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Insurer under this Policy 1. The Insured shall give as soon as reasonably practicable to the Insurer full written notice of any Occurrence which may give rise to a claim under this Policy The Insurer shall not avoid any claim on the grounds of breach of this Claims Condition but where the Insurer can demonstrate that the Insured has prejudiced the handling or settlement of any claim the amount payable in respect of such claim (including Legal Costs) shall be reduced to such sum as in the Insurer's opinion would have been payable in the absence of such prejudice 2. No admission offer promise payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Insurer which shall be entitled to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute any claim in the name of the Insured for its own benefit and shall have full discretion in the conduct of any proceedings and in the settlement of any claim The Insured shall give all such assistance as the Insurer may require 3. The Insured shall give such assistance to deal with claims and conduct of legal proceedings arising therefrom as the Insurer and/or their chosen legal advisers and consultants may reasonably require 4. Unless the parties have agreed otherwise in writing any dispute concerning the interpretation of the Policy shall be governed and construed in accordance with English law and shall be resolved within the exclusive jurisdiction of the courts of England and Wales 5. The Insured will be required to handle the defence and investigation of claims arising outside the United Kingdom where the Insurer is by law or circumstance outside its control prevented from so doing However nothing contained herein shall serve to limit the Insured's duties as set out in Claims Conditions 1, 2 and 3 of this Policy The Insured will be indemnified in the United Kingdom in respect of such claims where the Insurer is by law or circumstance outside its control prevented from indemnifying the Insured locally 6. Other than in respect of the Contingent Motor Extension to Section 1 if at the time of any claim there is or but for the existence of this Policy there would be any other insurance covering the same legal liability the indemnity will not apply except in respect of any amount beyond that which would have been payable under such other insurance had this Policy not been effected 28 January 2014 Page 27 of 29

29 Customer Service Additional Information Complaints Procedure - Our Commitment To Customer Service At RSA we are committed to going the extra mile for our customers so if you believe that we have not delivered the service you expected we want to hear from you so that we can try to put things right We take all complaints seriously and following the steps below will help us understand your concerns and give you a fair response (A) Step 1 If your complaint relates to your policy then please contact the sales and service team in the office which issued the policy or your Broker If your complaint relates to a claim then please call our claims team or the number shown at the front of this policy We aim to resolve your concerns by close of the next business day as experience tells us that most difficulties can be sorted out within this time (B) Step 2 In the unlikely event that your concerns have not been resolved within this time your complaint will be referred to our Customer Relations Team who will arrange for an investigation on behalf of our Chief Executive - their contact details are as follows: Post: RSA Customer Relations Team P O Box 2075 Livingston EH54 0EP crt.halifax@uk.rsagroup.com Our promise to you We will: 1) Acknowledge all complaints promptly 2) Investigate quickly and thoroughly 3) Keep you informed of progress 4) Do everything possible to resolve your complaint 5) Use the information from your complaint to proactively improve our service in the future Once we have reviewed your complaint we will issue our final decision in writing within 8 weeks of the date we received your complaint (C) If you are still not happy If you are still unhappy after our review (or you have not received a written offer of resolution within 8 weeks of the date we received your complaint) you may be eligible to refer your case to the Financial Ombudsman Service (FOS) who are an independent body that arbitrates on complaints They can be contacted at: Post: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR 28 January 2014 Page 28 of 29

30 Customer Service Additional Information Complaints Procedure - Our Commitment To Customer Service (continued) Telephone: (for landline users) (for mobile users) complaint.info@financial-ombudsman.org.uk Website: You have six months from the date of our final response to refer your complaint to the FOS This does not affect your right to take legal action - however the FOS will not adjudicate on any case where litigation has commenced (D) Thank you for your feedback We value your feedback and at the heart of our brand we remain dedicated to treating our customers fairly and giving them the best possible service at all times - so if we have fallen short of this promise we apologise and aim to do everything possible to put things right 28 January 2014 Page 29 of 29