Special Event Liability Insurance Policy. Australia

Transcription

1 Special Event Liability Insurance Policy Australia

2 THE ASSURED IS REQUESTED TO READ THIS POLICY AND, IF IT IS INCORRECT, RETURN IT IMMEDIATELY TO THEIR BROKER OR AGENT FOR ALTERATION. Page of 19

3 Special Event Liability Insurance Policy Australia 1 POLICY DEFINITIONS: 1.1 Insured Insured means the person(s) or companies stated in the Schedule or their personal representatives, this shall also include: at the Insured s request the Insured s directors, partners or Employees if a claim is made against them provided they observe the conditions of this Insurance and provided that the Insured would have been entitled to indemnity if such claim had been made against the Insured if the Insured is an individual, then in the event of the death of the Insured, the Insured s personal representatives for any liability the Insured has which is covered by this Insurance. 1.2 Personal Injury Personal Injury means death bodily injury illness disease mental impairment or injury or nervous shock false detention, false imprisonment, wrongful eviction, detention, distress and mental anguish suffered by any person. 1.3 Property Damage Property Damage means loss or destruction of or damage to material property. 1.4 Product(s) Product(s) means goods or items which have been sold, made, supplied, treated or repaired by the Insured, including food and drink after they have left the care custody or control of the Insured. 1.5 Damages Damages means damages which the Insured is legally liable to pay in respect of Personal Injury or Property Damage including losses flowing directly therefrom but excluding losses of any other kind. 1.6 Employee Employee means a person under a formal or casual contract to work for the Insured including any: a) temporary employees (paid or unpaid) b) self-employed person c) person hired to or borrowed by the Insured d) person undertaking study or work experience or youth training scheme e) voluntary or unpaid persons while working for the Insured in connection with the Insured s business and the Insured Event(s). 1.7 Occurrence Occurrence means an accident or series of accidents arising directly from one originating cause. 1.8 Insured Event(s) Insured Event(s) means the Event(s) as stated in the Schedule. 1.9 Venue(s) Venue(s) means the building(s) or other structure(s) or place described in the, Schedule where the Insured Event(s) are to be held together with other accommodation, any services and utilities which are otherwise essential to the Page of 19

4 holding of an Insured Event Deductible Deductible means the amount of each claim payable by the Insured before this Insurance will pay and forms part of the Limit of Indemnity Terrorism Terrorism means an unlawful act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear Pollution Pollution means: a) pollution or contamination by naturally occurring or man-made substances forces organisms or any combination of them whether permanent or transitory b) all physical loss of or physical damage to Property or Personal Injury directly or indirectly caused by such pollution or contamination 1.13 Nuclear Risks Nuclear Risks means actual or threatened, ionising radiations or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel or the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear device or assembly or component of such device War War means war, invasion, act of foreign enemies, hostilities (whether or not war has actually been declared), civil war, rebellion, revolution, insurrection, military or usurped power( all whether actual or threatened), confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any Government or of any public or local authority Europe Europe means any country in the European Union, Channel Islands, Iceland, Monaco, Norway or Switzerland United Kingdom United Kingdom means England Scotland Wales Northern Ireland the Channel Islands and the Isle of Man. 2 INSURING CLAUSE 2.1 Insuring Clause This Insurance will indemnify the Insured for: all sums which the Insured shall become legally liable to pay as Damages within the cover as defined and which arises in connection with the Insured Event(s) claimants costs and expenses arising in respect of any claim against the Insured which may be the subject of indemnity under this Insurance all costs and expenses incurred by the Insured with Underwriters written consent in respect of any claim against the Insured which may be the subject of indemnity under this Insurance all costs incurred with Underwriters written consent for representation of the Insured in any proceedings in a Court or similar forum arising out of any death or alleged breach of statutory duty the circumstances of which may be the subject of indemnity under this Insurance Page of 19

5 2.2 PUBLIC LIABILITY Scope of Cover 2.3 Exclusions a) Accidental Personal Injury to any person b) Accidental Property Damage c) Accidental obstruction physical loss of amenities trespass nuisance or interference with any right of way light air or water which occurs during the Period of Insurance stated in the Schedule and arising out of or in connection with the Insured Event(s). This Section does not apply to liability: for Personal Injury to any Employee which arises out of and in the course of their employment or engagement by the Insured for Property Damage to property which is owned by the Insured, is occupied by the Insured or is in the custody or control of the Insured, other than i) property belonging to an Employee or visitor ii) any premises (including contents) not being premises leased or rented to the Insured which are temporarily occupied by the Insured for the purpose of carrying out work in or to such premises iii) Venues, except that this Insurance will not pay for damage caused by the application of tools to the structure, mechanics or fixtures or fittings of the Venue for any Property Damage caused to an item to which tools are being applied or work undertaken for damage to soft ground for Personal Injury or Property Damage caused by a deliberate act the of Insured or of any person acting on behalf of the Insured, or committed with disregard to the consequences or intended to cause Personal Injury or Property Damage arising from the ownership possession or use under the control of the Insured or any Employee(s)of the Insured of: a) any mechanically propelled vehicle when such vehicle is being used in circumstances which would require insurance or security to be effected by reason of any road traffic legislation or regulation b) any craft designed to travel in or through air, space or water other than: i) hand-propelled watercraft or watercraft or sailing craft on inland waterways and lakes not used for commercial passenger carrying services ii) watercraft or mechanically propelled vehicles within the confines of a Venue for the purposes of display, exhibition or demonstration for Personal Injury or Property Damage Caused by Products other than food and drink supplied by the Insured at the Insured Event, goods in the possession of the Insured, merchandise or souvenirs sold or supplied during the Insured Event. Page of 19

6 2.3.8 caused by or arising from the use or application of any cosmetics, therapy or treatment caused by or arising from actual or alleged sexual molestation, physical or mental abuse, assault or battery. This exclusion does not apply to personal injury or property damage resulting from the use of reasonable force to protect persons or tangible property arising from the use or provision of any bouncy castles, inflatable, slides or rides (mechanical or otherwise) except where such are provided by a bona fide contractor who has provided the Insured with evidence of current public liability insurance which covers the activity, and which indemnifies the Insured as principal and unless agreed in writing, and endorsed onto this insurance caused by or arising from advice design or specification given for a fee any loss arising out of or from advice, design, plans, specifications, formulae, surveys, or directions prepared or given by the insured or other insured party for a fee but this shall not exclude such liability arising in conjunction with products supplied directly or indirectly caused by Pollution in respect of each Occurrence of Property Damage, other than to the Venue assumed under contract which would not have attached in the absence of such contract in respect of any communicable disease which leads to: a) the imposition of quarantine or restriction in movement of people or animals by any national or international body or agency; and/or b) any travel advisory or warning being issued by a national or international body or agency in respects of a participant or team in the Insured Event(s) to another participant or team whilst physically participating in the Insured Event(s) for pure financial loss that is not consequent upon bodily injury or damage North American Legal Actions: any proceedings, enforcement, judgement or award, within, from or based upon any judgement within any court of law within the United States of America or Canada whether by way of Reciprocal Agreement or otherwise libel slander defamation of character deceit or injurious falsehood discrimination harassment or advertising injury any liquidated damages clauses or penalty clauses or performance warranties in any contract or agreement which the insured or any other insured party has entered into unless it is proven that, and then only to the extent that, liability would have attached in the absence of such clauses or warranties any fines, penalties, punitive damages, exemplary damages, aggravated damages, treble damages, or any other increase in damages resulting from the multiplication of compensatory damages employment dispute issues, refusal or failure to employ, promote, or fairly Page of 19

7 compensate any person, or from supervision or failure to supervise, coercion, reassignment, discipline, intimidation, creation of a hostile work environment, humiliation of or discrimination against any person any act, error or omission relating to the provision of employee benefits by the Insured sums payable as required by Workmen s Compensation Acts, Social Security or Health legislation any act of Terrorism or any action taken in controlling, preventing, suppressing or in any way relating to any act of Terrorism any loss, liability, obligation to defend any claim, suit or costs or expenses caused by happening through or in consequence of asbestos and/or any asbestos containing materials Nuclear Risks War 2.4 Extensions Unless otherwise stated the Extensions are subject to all other terms of this Insurance so far as they can apply Contingent liability (non owned vehicles) This Insurance will indemnify the Insured in respect of legal liability for Personal Injury and Property Damage arising out of the use of any motor vehicle which is neither the property of the Insured nor provided by the Insured being used in connection with the Insured Event(s). However this indemnity shall not apply in respect of: Car parks a) physical loss of or physical damage to any such vehicle b) Personal Injury or physical loss of or physical damage to property while such vehicle is being driven by the Insured c) Personal Injury or Property Damage while such vehicle is being driven with the general consent of the Insured or of the Insured s representative by any person who to the knowledge of the Insured such representative does not hold a licence to drive such vehicle unless such person has held and is not disqualified from holding or obtaining such a licence d) liability arising from circumstances in which it is compulsory for the Insured to insure or provide security in respect of such vehicle as a requirement of relevant road traffic legislation e) a vehicle being used outside Australia and / or New Zealand Exclusion shall not apply in respect of liability for Property Damage to visitors and/or Employee(s) motor vehicle(s) (including contents and/or accessories) whilst within any car park for which the Insured is responsible, provided that: Page of 19

8 a) such vehicle is not lent or hired to the Insured b) if any charge be made for the parking of the vehicles a ticket bearing a disclaimer of liability shall be issued to every person paying such charge c) this extension shall not apply to loss or damage due to the driving of any vehicle by any Employee(s) of the Insured Movement of obstructing vehicles Exclusion shall not apply to liability arising from any vehicle (not owned or hired or lent to the Insured) being driven by the Insured or any Employee(s) of the Insured with the Insured s permission whilst such vehicle is being moved for the purpose of allowing free movement of any vehicle owned hired or lent to the Insured or Employee(s) of the Insured Sudden and unintended pollution Notwithstanding the provisions of Exclusion this Insurance will indemnify the Insured against liability in respect of either Personal Injury or Property Damage caused solely by Pollution which results from a sudden identifiable unintended and unexpected incident and such incident takes place in its entirety at a specific and identified time and place during the Period of Insurance stated in the Schedule Provided that: a) all Pollution which arises out of any one incident shall be deemed to have Occurred at the time such incident takes place b) this Insurance shall not indemnify the Insured under this Extension against any liability in respect of Pollution happening anywhere in the United States of America or Canada c) nothing in this Extension shall increase Underwriters liability to pay any amount in excess of the Limit of Indemnity Health and safety at work - legal defence costs This Insurance will indemnify the Insured in respect of legal costs and other expenses incurred with Underwriters prior written consent in the defence of any criminal proceedings brought or in an appeal against conviction arising from such proceedings in respect of a breach or alleged breach of any occupational health and safety legislation. provided always that: a) the proceedings relate to an offence alleged to have been committed during the Period of Insurance stated in the Schedule and arising out of or in connection with the Insured Event b) the proceedings relate to the health safety and welfare of any person other than an Employee c) the indemnity will not apply i) to proceedings consequent upon any deliberate act or omission by or on behalf of the Insured if the result could reasonably have been Page of 19

9 expected having regard to the nature and circumstances of such act or omission ii) to any fines or penalties of any kind iii) where indemnity is provided by any other insurance iv) to proceedings which arise out of any activity or risk excluded by this Section v) to any Deductible stated in the Schedule d) nothing in this Extension shall increase Underwriters liability to pay any amount in excess of the Limit of Indemnity For the avoidance of doubt the under noted statutes, whilst not exhaustive, are included within the statutes or regulations contemplated for which defence costs are insured by this clause where relevant and at the insurer s discretion: a) Health and Safety at Work Acts; b) Trade Description Acts; c) Consumer Protection Acts; d) Food Safety Acts Consumer protection act - legal defence costs This Insurance will indemnify the Insured in respect of legal costs and other expenses incurred with Underwriters prior written consent in the defence of any criminal proceedings brought or in an appeal against conviction arising from such proceedings in respect of a breach or alleged breach of Part II of the Consumer Protection Act 1987 or any equivalent legislation in Australia and / or New Zealand and the costs of any proceedings awarded against the Insured provided always that: a) the proceedings relate to an offence alleged to have been committed during the Period of Insurance stated in the Schedule and arise out of or in connection with the Insured Event b) the indemnity will not apply i) to proceedings consequent upon any deliberate act or omission by the Insured or on behalf of the Insured if the result could reasonably have been expected having regard to the nature and circumstances of such act or omission ii) to any fines or penalties of any kind iii) where indemnity is provided by any other insurance iv) to proceedings which arise out of any activity or risk excluded v) to any Deductible stated in the Schedule. c) nothing in this Extension shall increase Underwriters liability to pay Page of 19

10 2.4.7 Cross liabilities any amount in excess of the Limit of Indemnity If the Insured comprises more than one party Underwriters will treat each party as though a separate Insurance had been issued to each of them. However nothing in this Extension shall increase Underwriters liability to pay any amount in excess of the Limit of Indemnity Data protection legislation The insurance by this insured section is extended to indemnify the insured and if requested by the insured any employee in respect of their liability under any Data Protection Act or similar legislation ( DPA ) to pay: a) compensation in respect of damage or distress under section 13 of Part II of the DPA if in the United Kingdom or its equivalent if outside the United Kingdom including defence costs and expenses; b) defence costs in relation to a prosecution brought under section 21 of Part III if in the United Kingdom or its equivalent if outside the United Kingdom of the DPA; in relation to claims made by any person, provided that: c) the insured has registered in accordance with the terms of any relevant DPA; d) the claim arises from damage or distress occurring or prosecution commenced during the period of insurance; e) this extension will not apply in respect of: i. the cost of replacing, reinstating, rectifying or erasing any personal data; ii. iii. iv. liability caused by or arising from a deliberate or intentional act by or omission of any party entitled to indemnity by this insurance the effect of which will knowingly result in liability under any DPA; claims which arise out of circumstances notified to any previous insurer or known to the insured at inception of this policy; liability for which indemnity is provided under any other insurance Indemnity to Venue Owners or Operators Where required under the terms of a contract for the hire of a Venue this Insurance will indemnify the Venue owners and/or operators under any Section of this Insurance against liability in respect of Personal Injury or Property Damage in like manner to the Insured where such liability arises out of the staging of an Insured Event(s) by the Insured at the Venue. Provided that: i) the conduct and control of claims is vested in Underwriters ii) the Venue owners and/or operators shall observe fulfil and be subject to the Page of 19

11 terms of this Insurance so far as they can apply iii) the indemnity shall not apply in respect of liquidated Damages or under any penalty clause iv) where indemnity is granted to any Venue owners and/or operators Underwriters will treat each Venue owner and/or operator and the Insured as though a separate Insurance had been issued to each party v) nothing in this Extension shall increase Underwriters liability to pay any amount in excess of the Limit of Indemnity Contractual Liability and Indemnity to Principal This Insurance will indemnify the Insured under this Insurance against liability in respect of Personal Injury or Property Damage as follows: Provided that; a) to the extent that any contract or agreement entered into by Insured with any Principal so requires this Insurance will indemnify the Insured against liability assumed by the Insured and the Principal in like manner to Insured in respect of the liability of the Principal where liability arises out of the performance by the Insured of such contract or agreement. i) the conduct and control of claims is vested in Underwriters ii) iii) iv) the Principal shall observe fulfil and be subject to the terms of this Insurance so far as they can apply the indemnity shall not apply in respect of liquidated Damages or under any penalty clause where indemnity is granted to any Principal Underwriters will treat each Principal and the Insured as though a separate Insurance had been issued to each party v) nothing in this Extension shall increase Underwriters liability to pay any amount in excess of the Limit of Indemnity For the purpose of this Extension Principal means the other party to a contract or agreement for whom the Insured are undertaking work or services or providing Products where such party is responsible for setting out the terms of the contract or agreement Court Attendance Compensation In the event of any of the undermentioned persons attending court as a witness at Underwriters request in connection with a claim in respect of which the Insured is entitled to indemnity under this Insurance, this Insurance will provide compensation to the Insured at the following rates per day for each day on which attendance is required any director(s) or partner(s) of the Insured AUD500 (or currency equivalent shown in the Schedule) Page of 19

12 Consortium Clause This Insurance will also indemnify the Insured if the Insured work in a Consortia or Joint Venture with others, but such cover shall be limited to that part of the work done by the Insured and not any liability as is assumed under contract within the Consortia or Joint Venture Manslaughter Defence Costs The insurer will, with its prior consent which consent will not be unreasonable withheld, indemnify the insured, in respect of legal costs and expenses incurred defending: a) allegations (whether under common law or statute) of manslaughter, corporate manslaughter or corporate homicide or equivalent legislation made against the insured; provided that the prosecution or proceedings relate to: i) an offence alleged to have been committed during the period of insurance and in the course of business which occurs within the territorial limits; ii) bodily injury to, or potential bodily injury to persons other than employees; and, the insurer will also pay to the insured: I) costs and expenses of appeal including appeal against improvement and prohibition notices incurred with its written consent which consent will not be unreasonably withheld; II) prosecution costs awarded against the insured; The indemnity by this clause excludes and does not cover: a) circumstances where the insured is entitled to indemnity by any other legal expenses, motor or employment protection policy; b) in respect of allegations of manslaughter, corporate manslaughter or corporate homicide or equivalent legislation, any amount in excess of a sub limit of indemnity of AUD 1,000,000 (or currency equivalent shown in the Schedule) any one claim or series of claims arising out of the same prosecution or proceedings, which shall be the maximum the insurer will pay, inclusive of all costs and expenses, in the aggregate during any one period of insurance. c) to any fines or penalties of any kind d) where indemnity is provided by any other insurance e) to proceedings which arise out of any activity or risk excluded f) to any Deductible stated in the Schedule. Page of 19

13 2.5 Limit of Indemnity Contingent employers liability The Underwriters agree to pay on behalf of the Insured in respect of liability for compensatory damages, including care and loss of services arising from bodily injury to an Employee in connection with the business and arising in the course of the Employee s employment. This indemnity under this extension shall only be supplementary to any locally compulsory workers compensation or employers liability insurance and it is a condition precedent to the Underwriters liability under this extension that valid and collectable primary policies are maintained in force during the period of insurance in respect of all Employees where the Insured is obliged to arrange insurance or security by law. This extension does not apply to; a) any indemnity that can be recovered under any locally compulsory or commonly bought workers compensation or employers liability insurance; b) unless and until the insurers of the local policy have paid or have been held liable to pay the full amount of their limit of liability; c) any amount in excess of AUD 3,000,000 (or currency equivalent shown in the Schedule) any one occurrence d) the deductible; e) any obligation for which the Insured or it s insurer may be held liable under any workers compensation law, legislation, regulation or polices; f) bodily injury resulting from the acts, omission of or by, or sustained by, any person employed by the insured in violation of any law or regulation as to age; g) claims brought by the spouse, child, parent, brother, or sister of any employee as a consequence of the above mentioned injuries. In respect of Costs and Expenses as detailed in Insuring Clause 2.1 clauses 2.1.2, and Underwriters shall pay these in addition to the Limit of Indemnity stated in the Schedule. The Limit of Indemnity is the maximum amount Underwriters will pay in respect of any one Occurrence and this amount shall not be increased because more than one claim is made in respect of the Occurrence or more than one party is entitled to indemnity in respect of the Occurrence. The Limit of Indemnity in respect of Products is the maximum amount Underwriters will pay in respect of any one Occurrence or all Occurrences during any one Period of Insurance stated in the Schedule and this amount shall not be increased because more than one claim is made in respect of the Occurrence or more than one party is entitled to indemnity in respect of the Occurrence. The Limit of Indemnity in respect of claims arising out of Pollution and Contamination shall be the sum stated in the Schedule which shall be inclusive of costs and expenses and shall be the Limit of Indemnity in respect of such claims in the aggregate during any one Period of Insurance stated in the Schedule and this amount shall not be increased because more than one claim is made in respect of Page of 19

14 2.6 Conditions Precedent the Occurrence or more than one party is entitled to indemnity in respect of the Occurrence. It is a Condition Precedent to the liability of the Underwriters that the Insured: is required to notify the Underwriters as soon as it is possible to do so of all material facts or alterations in the risk which come to the knowledge of the Insured or arise during the Period of this Insurance stated in the Schedule has truthfully declared all material facts likely to influence a reasonable Underwriter in determining; i) whether or not to accept the risk or any subsequent amendment, ii) the premium, iii) the conditions, exclusions and limitations, having diligently made all necessary inquiries to establish those facts has no knowledge at inception of this Insurance of any undisclosed matter, fact or circumstance, actual of threatened, that increases or could increase the possibility of a loss under this Insurance will at all times in all matters relating to this Insurance, whether before or after a loss, do all that a prudent person without insurance acting in a commercial manner would do to ensure a satisfactory Event and avoid or reduce any loss will take reasonable care to; i) prevent accidents ii) maintain all premises plant and equipment and everything used in connection with the business of the Insured in proper repair iii) employ only competent Employees iv) act in accordance with all statutory obligations and regulations v) act on any defect or danger becoming apparent, either forthwith make good or remedy any such defect or danger or take such additional precautions as the circumstances require to avoid such defect or danger. 3 GENERAL CONDITIONS 3.1 False or Fraudulent acts Any fraud, misstatement or concealment in the information provided or in the making of a claim or otherwise howsoever, shall render such claim hereunder forfeit. 3.2 Definitions This Insurance and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this insurance or Schedule shall bear such meaning wherever it may appear. Page of 19

15 3.3 Other Insurance If there is any other insurance in force covering liability arising out of the Insured Event then this Insurance will only pay any sum in excess of the sum due from such other insurance as if this Insurance were not in force. 3.4 Rights of Recovery With respects to Bodily Injury to an Employee, while this Insurance will indemnify the Insured for sums paid in compensation in accordance with the provisions of any law, other than compensation under any Workers Compensation or similar legislation, relating to compulsory insurance of liability to Employees, it is however understood and agreed that the Insured shall repay to Underwriters all sums which Underwriters would not have been liable to pay but for the provision of such law ordinance or statute. 3.5 Discharge of Liability Underwriters may at any time pay to the Insured in connection with any claim or series of claims under this insurance to which a Limit of Indemnity applies the amount of such Limit (after deduction of any sums already paid) or any lesser amount for which such claims can be settled and upon such payment being made Underwriters shall relinquish the conduct and control of and be under no further liability in connection with such claims. 3.6 Assignment This Insurance may not be assigned in whole or in part without the prior written consent of the Underwriters. 3.7 Severability, construction and conformance to statute If any provision contained in this policy is, for any reason, held to be invalid, illegal, or unenforceable in any respect, it is hereby deemed to be severed and to have no effect on any other valid, legal and enforceable provision of this policy. If any provision contained in this policy is, for any reason, held to be invalid, illegal, or unenforceable, it will be construed by limiting it so as to be valid, legal, and enforceable to the extent compatible with applicable law. Any provisions of this policy which are in conflict with the statutes or regulations of the state wherein this policy is issued are hereby amended to conform to such statutes or regulations. 3.8 Service of Suit The Underwriters hereon agree that:- (i) In the event of a dispute arising under this Policy, Underwriters at the request of the insured (or reinsured) will submit to the jurisdiction of any competent Court in the Commonwealth of Australia. Such dispute shall be determined in accordance with the law and practice applicable in such Court. (ii) Any summons notice or process to be served upon the Underwriters may be served upon Page of 19

16 Lloyd s Underwriters General Representative in Australia Suite 2, Level 21 Angel Place 123 Pitt Street Sydney NSW 2000 Telephone Number: (02) Facsimile Number: (02) who has authority to accept service and to enter an appearance on Underwriters' behalf, and who is directed at the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that he will enter an appearance on Underwriters' behalf. (iii) If a suit is instituted against any one of the Underwriters all Underwriters hereon will abide by the final decision of such Court or any competent Appellate Court. 4 CLAIMS PROCEDURE It is a condition precedent to the liability of the Underwriters that in the event of anything happening or likely to happen which could give rise to a claim under this Insurance the Insured shall: as soon as it is possible to do so give written notice to the Underwriters of any Occurrence and give all such additional information as the Underwriters may require forward to the Underwriters immediately they are received and unanswered every letter of claim writ summons or process and all documents relating thereto and any other written evidence of claim at all times provide such information to and co-operate with the Underwriters or their appointed agents to allow the Underwriters to be able to comply with such relevant Civil Procedure Rules Practise Directions and / or Pre-Action Protocols as may be issued and approved from time to time by the Head of Civil Justice and which obligation to inform and co-operate continues until such time as any claim arising from the incident notified in accordance with this Claims Procedure is finally determined including to appeal make no admission offer promise or payment by or on behalf of the Insured without the prior written consent of the Underwriters who shall be entitled to take over and conduct in the name of the Insured the defence or settlement of any claim (which will include an assumed authority on the part of the Insured to the Underwriters to issue a formal admission of breach of duty for the purposes of any such claim should the Underwriters consider it appropriate to do so ) or to prosecute in the name of the Insured for their own benefit any claim for damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Underwriters may reasonably require take all steps to minimise or avoid a loss hereunder allow Underwriters the right, if they so wish, to: i) take such steps as they deem necessary to prevent, mitigate or minimise a loss Page of 19

17 ii) iii) assume and conduct the defence or settlement of any claim pursue all rights or remedies available to the Insured against any other party in the name of the Insured or otherwise 4.2 Contract (Rights of Third Parties) Act 1999 No person, persons, company or other party who is not named as Insured in this policy shall have any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any terms or conditions of this policy. This shall not affect any right or remedy of a third party that exists or is available apart from the Act. 4.3 Disclosure Clause The parties are free to choose the law applicable to this Insurance contract. Unless specifically agreed to the contrary and stated in the Schedule this Insurance shall be subject to Australian law. Any enquiry or complaint regarding this Insurance should be addressed in the first instance to: If you are not satisfied with the way a complaint has been dealt with you may ask the Complaints and Advisory Department at Lloyd s to review your case without prejudice to your rights in law. The address is: Lloyd s Underwriters General Representative in Australia Suite 2, Level 21 Angel Place 123 Pitt Street Sydney NSW 2000 Telephone Number: (02) Facsimile Number: (02) Page of 19

18 SCHEDULE Attaching to and forming part of Policy No: 1. Insured: 2. Address: 3. Proposal Dated: 4. Loss Payee: (if other than Insured stated above) 5. (a) Organiser: (if other than Insured stated above) (b) Address of Organiser: 6. Period of Insurance: From: To: 7. Duration of Event(s): From: To: (or as attached specification) 8.* Name of Event(s): (or as attached specification) Page of 19

19 9. *Name and Address of Venue(s): (or as attached specification) 10. Limit of Indemnity: Public Liability: AUD any one Occurrence In respects of Products: AUD any one Occurrence and in all In respects of Pollution: AUD any one Occurrence and in all 11. Deductible: Property Damage: AUD any one Occurrence 12. Premium: AUD plus Insurance Premium Tax *N.B. When more than one event is insured see attached specification. 13. Claims Notification: (Person(s) to be notified in the event of a loss) 14. Additional Terms, Conditions, Exclusions and Limitations: (If none apply state 'None' below) Page of 19