Design and Construct Professional Liability Insurance Summary

Design and Construct Professional Liability Insurance Summary

Design and Construct Professional Underwritten by a member of the QBE Insurance Group (QBE) This insurance is an annual contract unless stated otherwise in the quotation or renewal documentation and as confirmed in the policy. It may be renewed each year subject to the terms and conditions then applicable. This document provides only a summary of the main benefits your insurance policy. An outline of the policy s significant features and benefits are set out below together with any significant exclusions or limitations. For full details of all policy benefits and all terms you should read the policy document. Excess or deductible The coverage provided by this policy carries an excess which is the first amount of each claim that you must pay and is not covered by your insurance. The amount will be stated in your quotation and/or renewal documentation. Conditions You must: a) notify us of claims and events that may become a claim as soon as practical but always within the time limitation(s) stated in the policy under the claim conditions; b) notify us of any and all changes to the declared business activity or use of any premises; c) comply with the general conditions and any specific conditions designed to reduce the risk of loss. Professional liability Significant features and benefits This is a claims made insurance policy meaning any claim must be made against the insured and notified to us during the policy period. This policy will indemnify you for your legal liability to pay compensatory damages to the extent that such liability arises from a breach of professional duty or any negligent act, error or omission arising out of your performance or that of your sub-contractor(s) in the conduct of your professional business services or multimedia activities. We will also indemnify you when such legal liability arises from defamation, invasion of privacy and/or infringement of intellectual property rights. The limit of indemnity payable one claim or series of claims is specified in the quotation and/or renewal documentation. Defence costs are payable in addition to the limit of indemnity. Standard extensions include: a) Arbitration and adjudication indemnity for liability you may incur as regards claims made against you as a result of a decision by an adjudicator appointed to resolve a dispute in accordance with the Scheme for Construction Contracts or an adjudication clause or rules contained in a contract, or any award by an arbitrator or tribunal or arbitrators. b) Court attendance compensation compensation in the event that legal advisers acting on your behalf require you, any of your employees or other relevant party (but not expert witnesses) to attend court. c) Defence costs costs and expenses awarded against you or incurred in defence of a claim. d) Defence costs for criminal proceedings defence costs incurred in the defence of any proceedings, in respect of your conduct of business services, brought under a prevailing listed building, building regulation or health and safety legislation. e) Costs prior to handover costs and expenses reasonably incurred with our prior consent in respect of rectifying prior to handover any defect in the works constructed by you or a subcontractor, where such rectification is necessary as a result of your negligence in the conduct of your business services and to mitigate a claim or likely claim. f) Acquisitions and creations cover automatically provided from date of creation or acquisition for a company created or acquired by you after inception whose business activities are no broader than KPDC010115 Page 2 of 6

Design and Construct Professional your existing business activities, provided that the turnover of such company(ies) does not exceed ten percent (10%) of the estimated turnover for all companies covered under this insurance at inception. g) Asbestos claims (except in respect of bodily injury) arising from the presence or release or asbestos or asbestos containing materials due to a breach of professional duty or the committing of a negligent act, error or omission in the conduct of your business services. h) Awards by ombudsman awards made by an Ombudsman against you. i) Collateral warranties claims arising from a breach of professional duty or act of negligence in the performance of your or your sub-contractors obligations under collateral warranties or duty of care agreements (provided that the benefits of such collateral warranties or duty of care agreements are not greater or longer lasting than those given to the party with whom you originally contracted). j) Dishonesty of employees compensatory damages as a result of a claim against you when alleged in conjunction with a claim covered under the Legal liability clause arising from a dishonest, fraudulent or criminal act or omission by any of your employees (excluding partners, directors and principals), but excluding indemnity to the employee committing or colluding in such act or omission. k) Hacker protection claims resulting from a third party s good faith reliance on a hacker s fraudulent use of your information and communication assets where such fraudulent use was intended to cause you loss or obtain a personal again for the hacker. l) Joint ventures claims arising from your business services acts in any joint venture (but only in respect of which relevant fees or turnover have been declared to us). m) Loss of or damage to documents costs and expenses incurred in replacing or restoring documents that have been lost, damaged or destroyed. n) Public relations and crisis management services costs you incur with our prior written consent for a public relations and/or crisis management consultant to avert or mitigate damage to any of your brands. Significant or unusual exclusions or limitations The policy document contains a number of exclusions and limitations. The more significant exclusions applying that will bar any payment are listed below: QBE will not pay for any claim, liability, loss or defence costs: a) arising out of or resulting from or in any way involving asbestos in whatever form or quantity unless otherwise covered by the Asbestos extension clause. b) brought by or on behalf of associated companies unless the claims originate from an independent third party. c) involving any liability assumed by you which is not incurred or assumed in the normal conduct of your business services. d) arising out of or in any way involving bodily injury and/or property damage unless incurred by a person who is not an employee as a result of a breach of professional duty or act of negligence in the conduct of your business services. e) in respect of liability arising out any breach of contract unless such liability would have been incurred by you in absence of such contract, warranty, guarantee or fiduciary relationship. f) made or intimated against you prior to the policy period or involving any fact or circumstance notified under a previous policy or of which you became aware prior to the policy period. g) arising out of any Regulated Activities as defined in the Financial Services and Markets Act 2000 or any insurance mediation activities which are authorised and regulated by the Financial Conduct Authority or Prudential Regulatory Authority. h) in respect of any fines, penalties, punitive, multiple or exemplary damages. i) arising out of or related to your involvement in an insolvency event. j) arising out of your breach of any taxation, competition, restraint of trade or anti-trust legislation or regulation. k) arising out of employment. KPDC010115 Page 3 of 6

Design and Construct Professional l) caused by or arising from any personal liability incurred by a director or officer when acting in that capacity or when managing your business or when in breach of their fiduciary duty or when making or issuing statements concern you and your business services. m) arising from the loss, damage or destruction of any negotiable paper. n) in respect of proceedings brought or awards made in any court under North American jurisdiction. o) in respect of any Ombudsman s award except as covered by the Awards by ombudsman extension clause. p) where you are entitled to coverage under any other insurance policy. q) arising out of the infringement of any patent or trade secret. r) arising from your operation or administration of any pension or employee benefit scheme or trust fund or the sale or purchase of or dealing in stocks, shares or securities or your breach of any legalisation or regulation related to these activities. s) payable under the Defence costs for criminal proceedings extension clause following a plea or finding of guilt on your part or in the event that a Queen s Counsel advises that there are no reasonable prospects of successfully defending the proceedings. t) in respect of pollution unless loss of or physical damage to tangible property is the result of seepage, pollution and contamination caused by a sudden, accidental and unintended happening and the direct result of your negligent structural design or failure to report a structural defect u) in respect of products liability unless such claim or loss is a direct consequence of negligent design/specification by you or a sub-contractor. v) arising out of any statement that you made recklessly or maliciously. w) arising out of any act, error or omission committed prior to the retroactive date. x) arising from any self-replicating computer virus. y) arising out of any incorrect or inadequate: specification of materials or performance, estimate of construction costs, programming or estimate of the period of construction; unless arising out of any unintentionally negligent error or omission in the conduct of the business services. z) arising by reason of any acts, errors or commissions committed by you after the date of any take-over or merger. aa) in respect of your trading loss and liabilities. bb) arising out of or involving the performance of professional services not under the direction and direct control and supervision of professionally qualified persons or persons having at least five (5) years relevant technical experience in the conduct of the business services. cc) caused by or resulting from or in connection with war and terrorism. dd) arising out of your defective workmanship or that of your subcontractor or any party for whom you have responsibility, or the incorporation into the works of defective materials, or the supervision of your own labour or that of your sub-contractors. Significant limitations that may restrict payment if not complied with are: a) The maximum amount payable in respect of any one claim (and in the aggregate where stated) is limited to the amount stated in the quotation or renewal documentation. This sum may be sub-limited in respect of the coverage afforded for asbestos; awards by ombudsman; hacker protection; loss of or damage to documents; public relations and crisis management services; and pollution. b) Where responsibility for carrying out your business services is divested in others, it is your responsibility to employ your best endeavours to ensure that the party to whom responsibility is divested is suitably qualified to carry out such business services and that such party has in force their own professional indemnity insurance which is at least as extensive as the cover provided hereunder. KPDC010115 Page 4 of 6

Important information Your right to cancel Design and Construct Professional Please ensure that the policy is suitable for your requirements since there are no rights of cancellation on your part. QBE may issue thirty (30) days written notice of cancellation at any time by writing to your last known address when we will allow a pro rata refund of premium. Renewing your policy If QBE are willing to invite renewal of the policy QBE will use best endeavours to tell you at least twenty-one (21) days before the expiry of the policy the premium and terms and conditions which will apply for the following year. Claim notification Should you wish to make a claim you must notify QBE as soon as practical on receipt of any claim, suit or becoming aware of circumstances that is likely to lead to a claim. But please read your policy as specific time limits may apply for claim notification. You may contact QBE at the address shown below. Complaint procedure If you are unhappy with the service provided for any reason or have cause for complaint you should initially contact the person who arranged the policy for you. In the event that you remain dissatisfied and where the insurer is or includes a Lloyd s syndicate it may be possible in certain circumstances, to refer the matter to the Policyholder and Market Assistance Department at Lloyd s, Fidentia House, Walter Burke Way, Chatham Maritime, Kent ME4 4RN, telephone 020 7327 5693, e-mail complaints@lloyds.com, If you wish you may contact the insurer directly: QBE Customer Relations at the address below or e- mail: CustomerRelations@uk.qbe.com or telephone + 44 (0) 20 7105 5988; of fax: + 44 (0) 20 7105 4032. If your complaint is still not resolved to your satisfaction you may refer the matter to the Financial Ombudsman Service at the following address: Insurance Division, The Financial Ombudsman, Exchange Tower, London E14 9SR. Referral to the Financial Ombudsman Service is available to all private individuals and eligible commercial customers. Making a complaint does not affect your right to take legal proceedings. A summary of our complaint handling procedure is available on request and will also be provided to you when acknowledging a complaint. Compensation QBE is covered by the Financial Services Compensation Scheme. This provides compensation in case any of its members are unable, in specified circumstances, to meet any valid claims under their policies. Compensation for non-compulsory insurance will be paid at 90% with no upper limit and at 100% if the insurance is legally compulsory with no upper limit. Compensation is only available to commercial customers in limited circumstances Further information can be obtained from QBE at the address below, or from the Financial Services Compensation Scheme at the following address: Financial Services Compensation Scheme; 10 th Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU; or from their website (http://www.fscs.org.uk/contact-us/). Directive Required Information The law and language applicable to the policy Unless it is agreed otherwise, the law that applies to this insurance is the law of that part of the United Kingdom where your head office is located. The language used in this policy and any communications relating to it will be English. KPDC010115 Page 5 of 6

Your insurer Design and Construct Professional Your quotation or renewal documentation will state the name of the licenced insurer within the QBE Insurance Group (QBE) that is providing your insurance cover. It will be one of or a combination of the following companies. QBE Insurance (Europe) Limited QBE Insurance (Europe) Limited is a private company limited by shares (company number 1761561) and is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under Registration Number 202842. QBE Casualty Syndicate 386 and QBE Syndicate 1886 QBE Casualty Syndicate 386 and QBE Syndicate 1886 are managed by QBE Underwriting Limited (company number 01035198) and are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under Registration Number 204858 You may check these details by visiting the FCA s website: http://www.fca.org.uk/ or by contacting the FCA on 0845 606 9966. In the event of a complaint please read the procedure above. Your insurer s Head Office The insurer s home state is the United Kingdom and its Head Office and registered address is: Plantation Place, 30 Fenchurch Street, London, EC3M 3BD, Tel: 020 7105 4000, Fax: 020 7105 4019. Registered in England No. 1761561 enquiries@qbe-europe.com KPDC010115 Page 6 of 6

QBE European Operations Plantation Place 30 Fenchurch Street London EC3M 3BD tel +44 (0)20 7105 4000 fax +44 (0)20 7105 4019 enquiries@uk.qbe.com www.qbeeurope.com QBE European Operations is a trading name of QBE Insurance (Europe) Limited, no.01761561 ('QIEL'), QBE Underwriting Limited, no. 01035198 ('QUL'), QBE Management Services (UK) Limited, no. 03153567 ('QMSUK') and QBE Underwriting Services (UK) Limited, no. 02262145 ('QSUK'), whose registered offices are at Plantation Place, 30 Fenchurch Street, London, EC3M 3BD. All four companies are incorporated in England and Wales. QIEL and QUL are Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. QUL is a Lloyd's managing agent. QMSUK and QSUK are both Appointed Representatives of QIEL and QUL.