PUBLIC & EMPLOYERS LIABILITY INSURANCE POLICY WORDING · Public & Employers Liability Insurance...

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PUBLIC & EMPLOYERS LIABILITY INSURANCE

POLICY WORDINGLH-DOC95-1


Contents Page

Public & Employers Liability Insurance 3

IMPORTANT INFORMATION YOU HAVE GIVEN US 3

Interpretation 3

Limit of Indemnity 3

Who is Covered 3

Making a Claim or Notifying a Circumstance 4

Definitions 6

Section 1 - Employers Liability 7 Insuring Clause 7 Exclusions to Section 1 7 Extensions to Section 1 7 Conditions Applicable to Section 1 7 SpecialNoticeApplicabletoSection1-Employers’LiabilityTracingOffice(ELTO) 7

Section 2 - Public/Products Liability 9 Insuring Clause 9 Exclusions to Section 2 9 Extensions to Section 2 10

Section 3 - Pollution Liability 11 Insuring Clause 11 Exclusions to Section 3 11 Extensions to Section 3 11

Conditions Applicable to Sections 2 & 3 12

Exclusions to All Sections 13

Extensions to All Sections 14

ConditionsApplicabletoAllSections 16

Complaints Procedure 18

Data Protection 19 Renewal 20

SpecialBenefit 21

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Public & Employers Liability Insurance This policy has been arranged by Avid Insurance Services Limited and is sold and administered by Larsen Howie Limited.

It is underwritten by Argo Global International Holdings Ltd, Exchequer Court, 33 St Mary Axe, London, EC3A 8AA.

Avid Insurance Services Limited, Larsen Howie Limited and Argo Global International Holdings Ltd are authorised and regulated by the Financial Conduct Authority.

Argo Global International Holdings Ltd is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

ThiscanbecheckedontheFinancialServicesRegisteratwww.fca.org.uk/registerorbycontactingthemon08001116768.

IMPORTANT INFORMATION YOU HAVE GIVEN USIn deciding to accept this policy and in setting the terms and premium, we have relied on the information you have given us. You must take care when answering any questions we ask by ensuring that all information provided is accurate and complete.If we establish that you deliberately or recklessly provided us with false or misleading information we will treat this policy as if it never existed and decline all claims.

Ifweestablishthatyoucarelesslyprovideduswithfalseormisleadinginformationitcouldadverselyaffectyourpolicyandany claim. For example, we may:

• treat this policy as if it had never existed and refuse to pay all claims and return the premium paid. We will only do thisifweprovidedyouwithinsurancecoverwhichwewouldnototherwisehaveoffered;• amend the terms of your insurance. We may apply these amended terms as if they were already in place if a claim hasbeenadverselyimpactedbyyourcarelessness;• reduce the amount we pay on a claim in the proportion the premium you have paid bears to the premium we would havechargedyou;or• cancel your policy in accordance with the Cancellation Right below.

We or your insurance broker will write to you if we: •intendtotreatyourpolicyasifitneverexisted;or• need to amend the terms of your policy.

If you become aware that information you have given us is inaccurate, you must inform your broker as soon as practicable.

InterpretationIn this Insurance:

1. the singular includes the plural and vice versa2. the male gender includes the female and neutral genders3. references to any Act or law include any rule order regulation or other similar instrument made thereunder and shall include any amendment replacement consolidation or re-enactment of such Act or law4. any legal references within this Insurance shall include any equivalent legal provision in the jurisdiction of ordinary residence of the Insured or location of the risk insured provided that such jurisdiction falls within the territorial scope of this Insurance5. the use of headings and sub-headings is for ease of reference only and is not intended to be construed as an aid to interpretation6.anysentencecommencingwiththeterms“including”or“includes”oranysimilarexpressionisintendedtobe construed as illustrative and not as exhaustive.

Limit of IndemnityTheliabilityoftheInsurershallnotexceedtheLimitofIndemnityspecifiedintheSchedule.

WheretheInsurerisliabletoindemnifymorethanone-personfirmcompanyorbodythetotalamountofindemnitypayableunder this Insurance shall not exceed the Limit of Indemnity.

All claims attributable to the same act error or omission or series of acts errors or omissions consequent upon or attributable to the same original cause or source will be regarded as one claim.

Who is Covered?The Insured shall include the following persons but only in respect of work undertaken for and on behalf of the Insured:

1. Any Person who at any time is has been or may become during the period of this Insurance a partner or director2. Any Person who is or has been employed under a contract of service including Self Employed persons3. The estates or the legal representatives in the event of the death or incapacity of the Insured or any of the persons definedin1or2above.

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Making a Claim or Notifying a Circumstance Conditions that apply to the policy and in the event of a Claim or circumstance are set out in this policy wording. It is important that you comply with all policy conditions and you should familiarise yourself with any requirements contained in the policy Directions for notifying a Claim or circumstance are included under Claims Conditions Please be aware that Claims,orcircumstancesthatmightreasonablybeexpectedtoproduceaclaimagainstyoumustbenotifiedtousassoonaspossible Further guidance is contained in this policy wording. Claims Conditions require you to provide us with any reasonable assistanceandevidencethatwerequireconcerningthecauseandvalueofanyclaimIdeallyaspartoftheinitialnotificationyou will provide

• Your name, address, and your home and mobile telephone numbers• Personaldetailsnecessarytoconfirmyouridentity• Policy number• The date of the incident• The cause of the loss or damage• Details of the loss or damage together with claim value if known• Police details where applicable• Namesandaddressesofanyotherpartiesinvolvedorresponsiblefortheincident(includingdetailsofinjuries)and addresses of any witnesses.

This information will enable us to make an initial evaluation of the claim. We may however need to request additional information.

Sometimes we or someone acting on our behalf may wish to meet with you to discuss the circumstances of the claim or to undertake further investigations.

InitiallyanotificationofanyclaimorcircumstanceswhichmightreasonablybeexpectedtoproduceaclaimshouldbesenttotheClaimsNotificationService:

Crawford and CompanyBroadspire UK30 St Paul’s SquareBirminghamB3 1QZ

Tel:03333201560

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DefinitionsFor the purposes of Public & Employers Liability Insurance

1 Bodily Injury means:a)inrespectofSection1deathbodilyinjuryillnessdiseaseshockmentalinjuryandmentalanguishb)inrespectofSections2&3deathbodilyinjuryillnessdiseaseshockmentalinjurymentalanguishfalseeviction false arrest wrongful detention discrimination and malicious prosecution.

2 Business means:The Business stated in the Schedule and:

a)theownershiprepairandmaintenanceofthePolicyholder’sownpropertyb)theprovisionofcanteensportssocialwelfareorganisationsandfirstaidmedicalorambulanceservicesforthebenefitofanycustomerorEmployeec)fireandsecurityservicesfortheprotectionofthepremisesownedoroccupiedbythePolicyholderd)privateworkundertakenbyanEmployeeonbehalfofanydirectororpartnerofthePolicyholdere)attendanceattradefairsshowsandexhibitionsinconnectionwiththeBusiness.

3 Claims Notification Service means:CrawfordandCompany,BroadspireUK,30StPaul’sSquare,Birmingham,B31QZ.Tel:03333201560.

4 Damages means:Monetary compensation capable of being awarded in civil proceedings but excluding aggravated and exemplary damages.

5 Defence Costs means:All costs fees and expenses incurred by the Insured in the defence or settlement of any claim under this Policy.

6 Employee(s) means: a)anypersonunderacontractofserviceorapprenticeshipwiththePolicyholderb)whilstunderthedirectcontrolandsupervisionofthePolicyholderany

1)labourmasterandpersonssuppliedbyhim2)labouronlysub-contractors3)self-employedpersons4)voluntaryworkers5)individualhiredtoorborrowedbythePolicyholder6)personundertakingstudyorworkexperiencewiththePolicyholder.

7 Insured means:a)thePolicyholderb)thepersonalrepresentativesofthePolicyholderinrespectoflegalliabilityincurredbythePolicyholderc)attherequestofthePolicyholder

1)anyprincipalofthePolicyholderasrequiredundercontractinrespectofworkcarriedoutbythePolicyholder 2)anydirectororpartnerofthePolicyholder3)anyEmployee4)anyotherpartywhererequiredbycontractsubjecttothepriorwrittenagreementoftheUnderwriters against legal liability in respect of which the Policyholder would have been entitled to indemnity had the claim been made against the Policyholder 5)anyofficercommitteeormemberofthePolicyholder’scanteensportssocialwelfareorganisationsandfiresecurityfirstaidmedicalorambulanceservicesintheirrespectivecapacitiesassuchbutnotincluding medical practitioners while working in a professional capacity

each of whom shall as though the Policyholder be subject to the terms and conditions contained herein as far as they can apply.

8 Insurer means:Argo Global International Holdings Ltd, Exchequer Court, 33 St Mary Axe, London, EC3A 8AA.

9 Limit of Indemnity means:TheliabilityoftheInsurerwhichshallnotexceedtheLimitofIndemnityspecifiedintheScheduleandasdefinedundertheLimit of Liability section contained on page 3.

10 Offshore means:FromthetimeanEmployeeembarksontoaconveyanceatthepointoffinaldeparturetoanoffshorerigoroffshoreplatformuntilsuchtimetheEmployeedisembarksfromtheconveyanceontolanduponreturnfromanoffshorerigoranoffshoreplatform.

11 Pollution means:Pollution or contamination of the atmosphere or of any water land or other tangible property.

12 Product means:AnypropertyafterithasleftthecustodyorcontroloftheInsuredwhichhasbeendesignedspecifiedformulated manufactured sold supplied or distributed by or on behalf of the Insured in isolation to any contract work executed by or on behalf of the Insured.

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13 Schedule means:The schedule of insurance attaching to and forming part of this Policy together with any renewal schedule.

14 Territorial Limits means:GreatBritainNorthernIrelandtheChannelIslandsandtheIsleofManoranoffshoreInstallationwithintheterritorialwatersaround Great Britain Northern Ireland the Isle of Man and the Channel Islands.

15 Terrorism means:Anactivitythat(1)involvesaviolentactortheunlawfuluseofforceoranunlawfulactdangeroustohumanlifetangibleorintangiblepropertyorinfrastructureorathreatthereofand(2)appearstobeintendedto(i)intimidateorcoerceacivilianpopulationor(ii)disruptanysegmentoftheeconomyofagovernmentdejureordefactostateorcountryor(iii)overthrowinfluenceoraffecttheconductorpolicyofanygovernmentdejureordefactobyintimidationorcoercionor(iv)affecttheconduct of a government de jure or de facto by mass destruction assassination kidnapping or hostage-taking.

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Section 1 - Employers Liability

Insuring Clause1 Damages & Defence CostsThe Underwriters will Indemnify the Insured in accordance with the law of the Courts of Law of Great Britain Northern Ireland theIsleofManandtheChannelIslandsagainsttheirliabilitytopayDamages(includingclaimants’costsfeesandexpenses)and Defence Costs in respect of Bodily Injury sustained by an Employee arising out of the Business and caused during the Period of Insurance.

The indemnity provided shall only apply to Bodily Injury sustained:a)withintheTerritorialLimitsb)byanyEmployeeduringtemporaryvisitsabroadprovidedthatsuchEmployeeisordinarilyresidentinthe Territorial Limits c)byapersonwhoalthoughresidentoutsidetheTerritorialLimitsisunderawrittencontractofservicewiththe Policyholder entered into in the Territorial Limits subject to prior written agreement of the Underwriters.

Exclusions to Section 1 This Section does not provide indemnity for:

1 Compulsory Motor Insurance RequirementsInrespectofanyliabilityforwhichcompulsorymotorinsuranceorsecurityisrequiredundertheRoadTrafficAct1988asamendedbytheMotorVehicles(CompulsoryInsurance)Regulations1992andtheRoadTraffic(NorthernIreland)Order1981asamendedbytheMotorVehicles(CompulsoryInsurance)Regulations(NorthernIreland)1993oranyotherCompulsoryRoadTrafficLegislation

2 Offshore WorkInrespectofworkundertakenOffshoreunlessindicatedintheSchedulethatthisExclusionisnotapplicable.

Extensions to Section 1 1 Unsatisfied Court Judgments The Underwriters will at the request of the Policyholder pay to the Employee or the personal representatives of the Employee theamountofanyDamagesandawardedcoststotheextentthattheyremainunsatisfiedinwholeorinpartsixmonthsafterthe date of a judgment being obtained within any court in Great Britain Northern Ireland the Channel Islands or the Isle of Man

a)byanyEmployeeorthepersonalrepresentativesofanyEmployeeinrespectofBodilyInjurysustainedbythe Employee arising out of and in the course of their employment by the Policyholder in the Business and caused during the Period of Insurance and b)againstanycompanyorindividualoperatingfrompremiseswithinGreatBritainNorthernIrelandtheChannel Islands or the Isle of Man c)providedalwaysthat

1)thereisnoappealoutstandingagainstsuchjudgment2)ifanypaymentismadeunderthetermsofthisExtensiontheEmployeeorthepersonalrepresentativesoftheEmployeeshallassignthebenefitsofsuchjudgmenttotheUnderwriters

The liability of the Underwriters for all amounts payable under this Extension relating to any claimant or number of claimants in respect of an occurrence or series of occurrences arising out of one originating cause shall not exceed the Limit of Indemnity stated in the Schedule

Conditions Applicable to Section 1 1 Employers’ Liability Compulsory Insurance Clause The indemnity granted by this Section is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability to Employees in Great Britain Northern Ireland the Isle of Man the Island of Jersey the Island of Guernsey theIslandofAlderneyandoffshoreinstallationsinterritorialwatersaroundGreatBritainanditsContinentalShelf,but,theInsured shall repay to the Underwriters all sums paid by the Underwriters which the Underwriters would not have been liable to pay but for the provisions of such law ordinance or statute.

ThisConditionshallnotapplyinrespectofclaimsarisingbyvirtueof1)c)oftheInsuringClauseinthissection.

Special Notice Applicable to Section 1 - Employers’ Liability Tracing Office (ELTO) This Notice does not form part of your contract of insurance and is for information purposes only.

Certaininformationrelatingtoyourinsurancepolicyincluding,withoutlimitation,thepolicynumber(s),employers’namesandaddresses(includingsubsidiariesandanyrelevantchangesofname),coveragedates,employer’sreferencenumbersprovidedbyHerMajesty’sRevenueandCustomsandCompaniesHouseReferenceNumbers(ifrelevant),willbeprovidedtotheEmployers’LiabilityTracingOffice,(the“ELTO”)andaddedtoanelectronicdatabase,(the“Database”).

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ThisinformationwillbemadeavailableinaspecifiedandreadilyaccessibleformasrequiredbytheEmployers’LiabilityInsurance: Disclosure by Insurers Instrument 2010. This information will be subject to regular periodic updating and certificationandwillbeauditedonanannualbasis.

TheDatabasewillassistindividualconsumerclaimantswhohavesufferedanemploymentrelatedinjuryordiseasearisingoutof their course of employment in the UK for employers carrying on, or who carried on, business in the UK and who are covered bytheemployers’liabilityinsuranceoftheiremployers,(the“Claimants”):

a)toidentifywhichinsurer(orinsurers)was(orwere)providingemployers’liabilitycoverduringtherelevantperiodsofemployment;andb)toidentifytherelevantemployers’liabilityinsurancepolicies.

The Database will be managed by the ELTO.

The Database and the data stored on it may be accessed and used by the Claimants, their appointed representatives, insurers with potential liability for UK commercial lines employers’ liability insurance cover and any other persons or entities permitted by law.

By entering into this insurance policy you will be deemed to specifically consent to the use of your insurance policy data in this way and for these purposes.

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Section 2 - Public/Products Liability

Insuring Clause1 Damages & Defence CostsThe Underwriters will indemnify the Insured in accordance with the law of any country but not in respect of any judgement award payment or settlement made within countries which operate under the laws of the United States of America or Canada (ortoanyordermadeanywhereintheworldtoenforcesuchjudgementawardpaymentorsettlementeitherinwholeorinpart)unlesstheInsuredhasrequestedthatthereshallbenosuchlimitationandhasacceptedthetermsofferedbyUnderwriterswhichshallbesignifiedbyspecificendorsementtothisPolicyagainsttheirliabilitytopayDamages(includingclaimants’costsfeesandexpenses)andDefenceCostsinrespectof:

a)accidentalBodilyInjurytoanypersonb)accidentallossofordamagetotangiblepropertyc)nuisancetrespassorinterferencewithanyeasementrightofairlightwaterorwayotherthanwherearisingduetoa deliberate act by the Policyholder d)occurringduringthePeriodofInsuranceinconnectionwiththeBusinessand:

1)withintheTerritorialLimitsor2)duringthecourseoftemporaryvisitsanywhereintheworldotherthantheUSAorCanada(unlessindicatedbywayofEndorsementtothisPolicythatsucharestrictiondoesnotapply)or3)arisingoutofanyProductanywhereintheworldotherthantheUSAorCanada(unlessindicatedbywayofEndorsementtothisPolicythatsucharestrictiondoesnotapply).

Exclusions to Section 2 This Section does not provide indemnity for:

1 Bodily InjuryAny liability arising from bodily injury sustained by any Employee in connection with the Business.

2 PollutionAny liability arising out of Pollution.

3 Damage to PropertyAny claim for loss or damage to property owned leased or hired by or under hire purchase or on loan to the Insured or in the Insured’s care custody and control other than:

a)Employees’andvisitorsclothingandpersonaleffectsb)premises(includingcontentsthereof)notownednorrentedbytheInsuredbuttemporarilyoccupiedbythemfor the purpose of work therein or thereon c)premisestenantedbytheInsuredtotheextentthattheInsuredwouldbeheldliableintheabsenceofanyspecific agreement.

4 Mechanically Propelled Vehiclesa)arisingoutofownershippossessionoruseofanymechanicallypropelledvehiclewhereaCertificateofMotorInsuranceorsuretyisrequiredunderanyRoadTrafficActorsimilarlegislationotherthan:

1)vehiclesdesignedprimarilytooperateastoolsoftrade(whichtermshallbedeemedtoincludeanyplantprimarilydesignedtooperateonoraboutacontractsite)2)othervehiclesbroughtontositeforuseonsite

This exclusion shall not apply in respect of the use of vehicles belonging to Employees or third parties in connection with the Business unless indemnity is provided:

i. to the Employee or ii. to the third party or iii. to the Insured under any other insurance iv. in respect of loss of or damage to any vehicle of any Employee or third party to whom the indemnity is provided or any property conveyed therein or thereon

b)causedbytheownershiporoperationbyoronbehalfoftheInsuredofanywaterbornecraft(otherthansafetyboatshand-propelledcraftorothercraftupto15metresinlengthwhilstoninlandwaterwaysorupto3milesoffshore)hovercraftaircraftorrailbornevehicle.

5 Liquidated Damages Clauses, Penalty Clauses and Performance WarrantiesAny liability arising out of liquidated damages clauses penalty clauses or performance warranties unless proven that liability would have attached in the absence of such clauses or warranties.

6 Defective ProductsAny liability arising for loss or damage to and/or the costs of repair reconditioning removal replacement or recall of any Product or part thereof or any contract work executed by the Insured caused by any defect therein or unsuitability thereof for its intended purpose.

7 Contract PerformanceAny claim which is the inevitable or unavoidable consequence of the performance of a contract.

8 Underground Cables, Pipes and ServicesAny claim for loss of or damage to cables pipes or other services located underground unless the Insured has:

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a)takenorcausedtobetakenallreasonablemeasurestoidentifythelocationofsuchcablespipesandservicesbeforeanyworkiscommencedwhichmayinvolveariskofdamagethereto(reasonablemeasuresincludecontactingtheappropriateauthoritieswhereitispossiblecablespipesorservicesareunderthesite)b)retainedawrittenrecordofthemeasureswhichweretakentolocatesuchcablespipesorotherservicesc)conveyedthelocationofsuchcablespipesandservicestothosewhoarecarryingoutsuchworkonbehalfofthe Insured.

9 TerrorismAny liability arising out of an act of Terrorism.

10 AsbestosAny liability arising out of exposure or alleged exposure to asbestos or materials containing asbestos.

11 Airports and AerodromesAnyliabilityarisingoutofworkonanypartofanyaerodromeorairportprovidedfortake-offorlandingofaircraftorthemovementofaircraftorparkingofaircraftincludingassociatedsurfaceroadsandgroundequipmentparkingareas.

12 Professional DutyAnyliabilityarisingoutoforinconnectionwithadvicedesignspecificationformulaorotherbreachofprofessionaldutybytheInsuredarisingasaresultofadvicedesignorspecificationgivenbytheInsuredforafee.

13 Defective PremisesAny liability for the cost of remedying any defect or alleged defect in premises disposed of.

14 AircraftAnyliabilityarisingoutofanyProductintendedforincorporationintoanyaircraft.

15 Motor VehiclesAny liability arising out of any Product intended for incorporation into any vehicle licensed for road use where the Product is critical to the safety of such vehicle.

16 Waterborne CraftAnyliabilityarisingoutofanyProductintendedforincorporationintoanywaterbornecraftwheretheProductiscriticaltothesafetyofsuchcraft.

17 Computer SoftwareAnyliabilityarisingoutoforinconnectionwiththedesignsaleorsupplyofcomputersoftware(whichshallnotincludethemediaoritspackagingonwhichsuchsoftwareisstored).

18 DocumentsAny liability arising out of or in connection with loss damage to deterioration of or corruption of documents data processing media computer systems records or loss distortion or erasure of information contained therein.

19 PyriteAny liability arising in any way connected with pyrite.

20 SuperstructuresAnyliabilityarisingoutoflossofordamagetoanySuperstructure.ForthepurposeofthisExclusiontheterm“Superstructure”shall mean any building or structure relying on the support provided by any foundation and/or piling work performed by or on behalf of the Insured.

21 Lifting DevicesAnylossofordamagetopropertyliftedand/ormovedbycranesorotherliftingdevices.

22 Product FailureAnyliabilityarisingdirectlyorindirectlyarisingoutofthefailureofanyProducttofulfilthefunctionforwhichitisintended.

Extensions to Section 2 1 Data Protection Act UnderwriterswillalsoindemnifytheInsuredagainsttheirlegalliabilitytopayDamages(includingclaimants’costsfeesandexpenses)arisingfromanyclaimorclaimsunderSection13oftheDataProtectionAct1998firstmadeagainsttheInsuredinwriting during the Period of Insurance provided always that:

a)theInsuredisregisteredinaccordancewiththeActb)theindemnitywillnotapplyto

1)liabilitycausedbyorarisingfromanyincidentorcircumstancesknowntotheInsuredattheinceptionofthis cover and which could reasonably have been expected to give rise to a claim 2)anyclaimorclaimsmadebyoronbehalfofanydirectorpartnerorEmployeeoftheInsuredinconnection with their employment in the Business3)proceedingsconsequentuponanydeliberateactoromissionbyoronbehalfoftheInsurediftheresultcould reasonably have been expected having regard to the nature and circumstances of such act or omission 4)anyfinesorpenaltiesofanykind

Underwriters liability under this extension shall not exceed the sum stated in the Schedule in respect of all claims made against the Insured during the Period of Insurance.

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Section 3 – Pollution Liability

Insuring Clause1 Damages & Defence CostsThe Underwriters will indemnify the Insured in accordance with the law of the Courts of Law of Great Britain Northern Ireland theIsleofManandtheChannelIslandsagainsttheirliabilitytopayDamages(includingclaimants’costsfeesandexpenses)and Defence Costs in respect of:

a)accidentalBodilyInjurytoanypersonb)accidentallossofordamagetotangiblepropertyc)nuisancetrespassorinterferencewithanyeasementrightofairlightwaterorwayotherthanwherearisingduetoa deliberate act by the Insured

arising out of Pollution occurring in its entirety during the Period of Insurance within the Territorial Limits in connection with the Business but only to the extent that the Insured can demonstrate that such Pollution:

a)wasthedirectresultofasuddenspecificandidentifiableeventoccurringduringthePeriodofInsuranceandb)wasnotthedirectresultoftheInsuredfailingtotakereasonableprecautionstopreventsuchPollution.

Exclusions to Section 3 ThisSectionissubjecttotheExclusionstoSection2(apartfromExclusion2.)andalsodoesnotprovideindemnityinrespectof liability for loss of or damage to:

a)premisespresentlyoratanytimeownedortenantedbytheInsuredb)landorwaterwithinorbelowtheboundariesofanylandorpremisespresentlyoratanytimepreviouslyownedor leased by the Insured or otherwise in the Insured’s care custody or control.

Extensions to Section 3 1 Clean-up Costs The indemnity provided by this Section shall be extended to include Clean Up to the extent not already included. Provided that:

a)theindemnityprovidedbythisExtensionshallnot:1)includeCleanUpofanysiteorwatercourseorbodyofwatercontainedwithinoronanysiteoranyother tangible property owned by or leased or rented to the Insured or formerly owned by or formerly leased or rented to the Insured 2)includethecostofrestorationreinstatementorreintroductionofanyorganism3)applyinrespectofPollutionoutsideGreatBritainNorthernIrelandtheChannelIslandsandtheIsleofMan

b)thePollution:1)wasthedirectresultofasuddenspecificandidentifiableeventoccurringduringthePeriodofInsuranceand2)wasnotthedirectresultoftheInsuredfailingtotakereasonableprecautionstopreventsuchPollution

c)UnderwritersliabilityunderthisExtensionshallnotexceed£250,000inrespectofalloccurrencesduringthePeriod of Insurance including Defence Costs and claimants’ costs fees and expenses d)TheInsuredagreestopaythefirst20%or£5,000(whicheveristhegreater)inrespectofeachoccurrence

ForthepurposeofthisEndorsementthefollowingadditionaldefinitionswillapply:

CleanUpmeansthecostofRemediationincurredbytheInsured(orforwhichtheyarelegallyliable)asrequiredbyanyEnforcing Authority but shall not include the costs of achieving any improvement or alteration in the condition of the land the atmosphere or any watercourse or body of water or any other tangible property beyond that required under any relevant and applicable law or statutory enactment at the time Remediation commences.

It shall include the costs reasonably and necessarily incurred by the Insured or for which they are legally liable to curtail or minimise Pollution once it has occurred to prevent further harm being caused but only to the extent required by any Enforcing Authority. Enforcing Authority means any government or statutory authority or body implementing or enforcing environmental protection legislation.

RemediationmeansremedyingtheeffectofPollutionasrequiredbyanyEnforcingAuthority..

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Conditions Applicable to Sections 2 & 31 Burning Welding and Cutting Conditions It is a condition precedent to liability under this Section that the following precautions shall be adhered to on each occasion where the Insured or persons acting on behalf of the Insured are using any oxy-acetylene or electric welding or cutting/grinding equipment or blow lamp or blow torch or hot air gun away from the Insured’s own premises:

a)theimmediateareainwhichtheoperationistobecarriedoutmustbesegregatedtothegreatestpracticableextentbytheuseofscreensmadeofmetaland/orfireretardantmaterialb)thewholeofthissegregatedareamustbeadequatelycleanedandfreedfromcombustiblematerialbefore operations commence c)ifworkistobecarriedoutoverheadtheareabeneathmustbesimilarlycleanedandcombustiblematerialremovedd)combustiblefloors/substancesinorsurroundingthissegregatedareamustbeliberallycoveredwithsandor protected by overlapping sheets of incombustible material e)whereworkisbeingcarriedoutinanyenclosedareaanadditionalEmployeeoftheInsuredoranEmployeeoftheoccupiershallbepresentatalltimestoguardagainstanoutbreakoffiref)noworkshouldbecarriedoutunlessspecificallyauthorisedbytheoccupierwhoshouldalsobeaskedtoapprove the safety arrangements g)thefollowingmustbekeptavailableforimmediateusenearthesceneofoperations:

1)suitableandfullychargedfireextinguishersand/or2)ahoseconnecteduptothenearesthydrantwithwaterturnedonandcontrollableatthenozzleofthehosein readiness for immediate use and tested prior to the commencement of the work

h)athoroughexaminationmustbemadeinthevicinityoftheworkapproximatelyonehourafterthetermination of each operation. In the event that it is not practicable for such examination to be carried out by the Insured’s own Employee then appropriate arrangements must be made with the occupier i)before“burningoff”metalworkbuiltintoorprojectingthroughwallsorpartitionsanexaminationshouldbemadetoconfirmthattheotherendofthemetalisnotinahazardousproximitytocombustiblematerialwhichmaybe ignited by the conduction of heat.

Furthermore, where the Insured or persons acting on behalf of the Insured burns debris it is a Condition precedent to liability under this Policy that the following precautions shall be taken on each occasion:

a)Firestobeinaclearedareaandatadistanceofatfifteenmetresfromanypropertyb)Firesnottobeleftunattendedatanytimec)Asuitablefireextinguishertobekeptavailableatthesceneoftheoperationsforimmediateused)Firestobeextinguishedatleastonehourpriortoleavingsiteattheendofeachworkingday.

2 Bona Fide Subcontractors Condition ItisaconditionprecedenttoliabilityunderthisSectionthatallbonafidesubcontractorsengagedbytheInsuredshallhaveinfullforceandeffectthroughoutthedurationoftheircontractwiththeInsuredinsurancesasfollows:

a)EmployersLiabilityinsuranceinrespectoftheirliabilityatlawforBodilyInjurytoanyEmployeeb)Public/ProductsLiabilityinsuranceinrespectoftheirliabilityatlawfor:

1)BodilyInjurytoanyperson2)lossofordamagetotangibleproperty3)nuisancetrespassorinterferencewithanyeasementrightofairlightwaterorway

withaLimitofIndemnityofatleast£5,000,000orthatshownintheScheduleinrespectofSection2(whicheveristhelower)anyoneoccurrenceorseriesofoccurrencesarisingoutofoneoriginalcause

and that:a)suchinsurancescontainanIndemnitytoPrincipalsClauseb)theInsuredshallhaveobtainedandretainedacopyofwrittenevidenceofsuchinsurances

ForthepurposesofthisEndorsementthetermbonafidesubcontractorsmeansanyindependentsubcontractorengagedbythe Insured under a contract for services.

3 Rights of Recourse The Insured will at all times retain full rights of recourse against those supplying Products or otherwise providing to the Insured a service in connection with any Product or any component part thereof unless the Underwriters have agreed in writing to the waiver of such rights.

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Exclusions Applicable to All SectionsThis Policy does not provide indemnity in respect of liability

a)arisinginconnectionwith:1)anyworkofdemolitioninvolving:

i. ball and chain ii. a method designed and/or intended to demolish any structure or part thereof in one sudden and uninterrupted process iii. the use of explosives

2)structuralconstructionalterationorrepairoftransporttunnels3)theconstructionorcriticalmaintenanceofhydroelectricorreservoirdams4)theconstructionalterationorrepairofblastfurnaces5)workinconnectionwithrailsignallingequipmentorthelayingmaintenanceorrepairofrailwaytrackother than private sidings 6)anyshipbuildingorshiprepairingotherthancontractorsworkingonboardavesselunlesssuchworkis critical to the safety of the vessel 7)workonthestructureorcontrolsofanyaircraft8)workonmotorvehicleslicensedforroadusewheresuchworkiscriticaltothesafetyofthevehicle

b)1)directlyorindirectlyoccasionedbyhappeningthroughorinconsequenceofwarinvasionactsofforeignenemieshostilities(whetherwarbedeclaredornot)civilwarrebellionrevolutioninsurrectionmilitaryorusurpedpowerorconfiscationornationalisationorrequisition2)directlyorindirectlycausedbyorcontributedtobyorarisingfrom:

i. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel ii. theradioactivetoxicexplosiveorotherhazardouspropertiesofanyexplosivenuclearassemblyor nuclear component thereof but as far as concerns Section 1 this Exclusion will only apply where such legal liability is:

A. that of any principal B. accepted under agreement and would not have attached in the absence of such agreement

c)theamountofanyexcessshownintheScheduleincludingcostsandexpensesd)UnderwriterswillnotprovidecoverbeliabletopayanyclaimorprovideanybenefitiftodosowouldexposeUnderwriters(oranyparentcompanydirectorindirectholdingcompanyofUnderwriters)toanypenaltyorrestriction(includingextraterritorialpenaltiesorrestrictionssofarassuchdonotcontradictlawsapplicabletotheUnderwriters)arising out of any trade and economic sanctions laws or regulations which are applicable to Underwriters.

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Extensions to All Sections1 Additional Defence Costs Defence Costs extend to include legal expenses incurred with the Underwriters prior written consent within the courts of Great Britain Northern Ireland the Isle of Man and the Channel Islands

a)arisingoutofrepresentationatanyCoroner’sInquestorFatalAccidentinquiryb)arisingoutofanycriminalprosecutionorproceedingsrelatingtoanoffenceallegedtohavebeencommitted during the Period of Insurance and in the course of the Business of the Insured in respect of matters which may form thesubjectofindemnitybythisPolicy(includingwiththeUnderwriterspriorconsentEmployeespartnersordirectorsofthePolicyholder) provided that:

1) Underwritersshallnotbeliableforanyfinesorpenaltiesimposedasaconsequenceofsuchprosecution2) UnderwritersshallnotberesponsibleforDefenceCostswhereattheUnderwritersdiscretiontheymayrequiretheopinionofcounsel(whoseappointmentisattheUnderwriterssolediscretion)astowhether or not such costs should extend or continue to extend to the support of such defence and where such counsels opinion is that there is no reasonable defence to the prosecution 3) UnderwritersliabilitiesforDefenceCostsincasesofbreachorallegedbreachoftheUnitedKingdomHealth&SafetyatWorkAct1974(and/oranylegislationofsimilareffect)arelimitedtoprosecutionsunderSection33(1)(a)to(c)oftheActorsimilardutyimposedunderconsolidatinglegislationorlegislationinNorthern Ireland the Isle of Man or the Channel Islands

c)arisingoutofthedefenceofanyproceedingsinaCourtofSummaryJurisdictioninrespectofmatterswhichmay form the subject of Indemnity by this Policy.

TheindemnityappliesonlytosuchliabilityasdefinedbyeachInsuredSectionofthisPolicyarisingoutoftheBusinessoftheInsured as stated in the Schedule subject always to the terms Conditions limitations and Exclusions of such Section and of the Policy as a whole.

2 Cross Liability Clause It is hereby declared and agreed that where more than one party is named in the Schedule as the Policyholder indemnity shall apply as though individual insurances have been issued to each party provided always that the Underwriters’ total liability shall not exceed the sums stated in the Schedule as the Limits of Indemnity.

3 Housing Grants Construction and Regeneration Act, 1996 - Applicable to Sections 2 & 3 The indemnity granted by this Policy is extended to apply to any process of adjudication or decision of any adjudicator pursuant to the Act provided always that as a condition precedent to Underwriters liability under this Policy the Insured agrees tocomplywithConditions(a)and(b)asfollows:

a)PolicyConditions: The Insured shall:

1)notifyUnderwritersimmediatelyuponreceipt(andinnoeventlaterthantwoworkingdaysthereafter)ofanynoticeofintentiontoreferadisputetoadjudication(“noticeofadjudication”)oroftheservicebytheInsured of any notice of adjudication in circumstances which will lead to or are likely to lead to a claim being made againsttheInsured(whetherunderaprocessofadjudicationorotherwise)2)promptlyforwardtoUnderwritersallinformationrelatingtoanydisputereferredtoadjudicationincluding copies of all documentation made available to the Insured or subsequently by the Insured to the adjudicator 3)allowtheUnderwriterstoappointadvisersorrepresentativesandtohaveconduct(includingtherightbutnottheobligationtotakeovertheconduct)oftheadjudicationastheydeemappropriateandprovidesuch assistance as the Underwriters may reasonably require 4)meetanyrequestdirectionortimetableoftheadjudicator5)satisfytheUnderwritersthatanydisputereferredtoadjudicationisorwouldbethesubjectofindemnity under this Policy and that the decision reached by the adjudicator represents the award against the Insured of a payment of money by the Insured which constitutes compensatory damages which form the subject of such indemnity 6)notagreetoacceptthedecisionoftheadjudicatorasfinallydeterminingthedisputewithouttheprior written consent of the Underwriters 7)intheeventofadecisionreachedbytheadjudicatorthatsuchanawardasdescribedinv)aboveispayablegivetheUnderwriterseveryassistanceininstitutinglegalproceedings(orarbitrationifapplicableinaccordancewiththeInsured’scontract)inordertochallengereopenstaytheenforcementoforoverturn such adjudicator’s decision or otherwise to recover such award if the Underwriters deem it appropriate

The Underwriters shall have sole conduct of all such proceedings b)Conditionsrelatingtocontracts:Any provisions relating to adjudications pursuant to the Act in any contract entered into by the Insured shall:

1)providedthattheadjudicatormustbeindependentofthepartiestothecontract2)notallowforanydecisionoftheadjudicatortobebindingortodetermineanydisputefinally3)notallowtheadjudicatortodisregardthelegalentitlementsofthepartiesinordertoreachadecisionbased on commercial considerations 4)notprohibittheassistanceorrepresentationbyadvisersorrepresentatives(whetherlegallyqualifiedornot) at any adjudication 5)notplaceanyconditionsuponthetimingofcommencementoflegalorarbitrationproceedings(otherthanadjudicationspursuanttotheAct).

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AnydisputeordifferencearisinghereunderbetweentheInsuredandtheUnderwritersshallbereferredtothearbitrationofa Queen’s Counsel to be agreed upon by both parties or in the absence of agreement by a QC nominated by the Chairman of the Bar Council The Underwriters agree to pay the costs of such referral except where indemnity has been denied by the Underwriters and the QC upholds such decision.

4 Automatic Acquisitions The Insured shall include any entity acquired by the Policyholder provided that

a the Business is similar to that of the Policyholder b)fullunderwritinginformationconstitutingafairpresentationoftherisk(includingpreviousclaimsinformation)is provided to Underwriters within 30 days of the acquisition c)thePolicyholderacceptsanyadditionaltermsandconditionsrequiredbyUnderwritersandagreestopayany additional premium.

5 Overseas Personal Liability The indemnity provided by this Policy shall apply to

a)thePolicyholderb)attherequestofthePolicyholder:

1)anydirectorofficialorEmployeeofthePolicyholder2)anyspouseorchildofthepersonsstatedina)orb)i)abovewhoareaccompanyingsuchpersons

in respect of liability incurred by such persons in a personal capacity in connection with an occurrence happening during the Period of Insurance in any country whilst on a temporary visit to such country in connection with the Business

Provided that i. any person entitled to indemnity under this Extension shall as though they were the Insured be subject to the terms conditions and limitations of this Policy insofar as they can apply ii. nothing in this Extension shall increase the liability of the Underwriters to pay any amount exceeding theLimitofIndemnityregardlessofthenumberofpersonsclaimingtobeindemnifiediii. the Underwriters shall not provide indemnity against

A. contractual Liability B. liability for which indemnity is provided by any other insurance C. liability in respect of loss of or damage to property belonging to or in the custody or under the control of any person entitled to indemnity under this Extension D. liabilityinrespectofBodilyInjury(asdefinedforSections2&3)toanypersonentitledto indemnity under this Extension E. liability caused by or arising from

(i) theownershiporoccupationoflandorbuildings(ii) thecarryingonofanybusinessprofessiontradeoremployment(iii) theownershippossessionoruseofanimalsotherthanhorsesordomesticdogsor cats.

6 Compensation for Court Attendance In the event of any of the persons stated below attending court as a witness at the request of the Underwriters in connection with a claim in respect of which the Policyholder is entitled to indemnity under this Section the Underwriters will provide compensation to the Policyholder at the following rates per day for each day on which attendance is required

a)AnyprincipalpartnerMemberordirectoroftheInsured£500b)AnyEmployee£250

All General Extensions are subject otherwise to the Policy terms Conditions Limitations and Exclusions.

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Conditions Applicable to All SectionsConditions 1. 2. 3. and 12. are precedent to Underwriters’ liability to provide indemnity under this Policy

1 Claims Procedure The Insured shall give written notice to the Underwriters as soon as reasonably practicable of any incident that may give rise to a claim under this Policy and shall give all such additional information as the Underwriters may require every letter of claimclaimformsummonsorprocessandalldocumentsrelatingtheretoandanyotherwrittennotificationofclaimshallbeforwarded unanswered to the Underwriters immediately they are received.

TheInsuredshallatalltimesinadditiontotheirobligationssetoutaboveaffordsuchinformationtoandco-operatewiththeUnderwriters or their appointed agents to allow the Underwriters to be able to comply with such relevant Practice directions and Pre-action Protocols as may be issued and approved from time to time by the Head of Civil Justice.

NoadmissionofferpromiseorpaymentshallbemadeorgivenbyoronbehalfoftheInsuredwithoutwrittenconsentoftheUnderwriters who shall be entitled to take over the conduct in the name of the Insured the defence or settlement of any claim ortoprosecuteinthenameoftheInsuredfortheirownbenefitanyclaimforindemnityorDamagesorotherwiseandshallhave 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.

2 Alterations in Risk The Insured is required to notify the Underwriters of all material facts or alterations in the risk which come to his knowledge or arise during the currency of this Policy.

3 Adjustment of Premium If any of the Premium for this insurance has been calculated on estimates furnished by the Policyholder the Policyholder shall keep accurate records containing all particulars relative thereto and shall at all times allow the Underwriters to inspect such records The Policyholder shall within three months from the expiry of each Period of Insurance furnish such particulars toUnderwritersandthepremiumforsuchperiodshallthereuponbeadjustedandthedifferencepaidbyorallowedtothePolicyholder as the case may be subject to any minimum premium required The Underwriters reserve the right to request that thePolicyholdersuppliesanauditor’scertificatewithsuchcalculationsthatarethesubjecttoadjustmentunderthisPolicyattesting to the accuracy thereof Such calculations shall include all remuneration paid to any Employee.

4 Discharge of liability The Underwriters may at any time pay to the Insured in connection with any claim or series of claims under this Policy to whichaLimitofIndemnityappliestheamountofsuchLimit(afterdeductionofanysumsalreadypaid)oranylesseramountfor which such claims can be settled and upon such payment being made the Underwriters shall relinquish the conduct and control of and be under no further liability in connection with such claims.

5 Apportionment of Defence Costs Except where the Limit of Indemnity is inclusive of Defence Costs if a payment exceeding the Limit of Indemnity has to be made to dispose of a claim the liability of the Underwriters to pay all Defence Costs in connection therewith shall be limited to such proportion of the said Defence Costs as the Limit of Indemnity bears to the amount paid to dispose of a claim.

6 Policy Interpretation Any phrase or word in this Policy and the Schedule will be interpreted in accordance with the laws of England and Wales The PolicyandtheScheduleshallbereadtogetherasonecontractandanywordorexpressiontowhichaspecificmeaninghasbeenattachedinanypartofthisPolicyortheScheduleshallbearsuchspecificmeaningwhereveritmayappear.

7 Other Insurance If any claim covered by this Policy is also covered in whole or in part by any other insurance Underwriters shall have no liability to contribute to such claim.

8 Fraudulent Claims IftheInsuredshallmakeanyclaimknowingthesametobefraudulentorfalseasregardstheamountorotherwise(includingtheprovisionoffalseorfraudulentdocumentsorstatements)then:Underwriters will:

a)refusetopaythewholeoftheclaimandb)recoverfromtheInsuredanysumsthatithasalreadypaidinrespectoftheclaim

UnderwritersmayalsonotifytheInsuredthatitwillbetreatingallsectionsofthispolicyashavingterminatedwitheffectfromthe date of the earliest of any of the fraudulent act. In that event the Insured will:

a)havenocoverunderthePolicyfromthedateofterminationandb)notbeentitledtoanyrefundofpremium.

9 Cooling Off PeriodYoumaycancelthisinsurancecontractprovidedyouhavenotmadeaclaimandLarsenHowiereceivesinwritingconfirmationof cancellation by post or email within 14 days of the policy start date of the date you receive the full policy documentation. We will refund any premiums paid if no claims have been made.

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10 Cancellation RightIf you decide that for any reason that this policy does not meet your insurance needs, then you may cancel this policy at any time by giving us 30 days’ notice. This should be done in writing by post or email.

Youmaycancelwithinthefirst14daysofthepolicystartdateorthedateyoureceivethefullpolicydocumentation.Wewillrefund any premiums paid if no claims have been made.

Ifyouwishtocancelyourpolicyafter14days,youwillnotbeentitledtoarefund.

The insurer shall not be bound to accept renewal of any insurance and may at any time cancel any insurance document by giving 30 days’ notice in writing where there is a valid reason for doing so. A cancellation letter will be sent to you at your last known address. Valid reasons may include but are not limited to:

• Fraud;• Non-paymentofpremium;• Threateningandabusivebehaviour;• Non-compliance with policy terms and conditions.

11 Non Payment CancellationIn the event of non-payment of the premium, we may cancel the policy by giving you notice in writing to the last known address. If you have defaulted on your monthly premium commitments to a premium payment provider we have the right to cancel your policy ab initio as if no cover has been in force at any time.

12 Contracts (Rights of Third Parties) Act 1999 Clarification Clause ApersonwhoisnotapartytothiscontracthasnorightundertheContracts(RightsofThirdParties)Act1999toenforceanytermofthisagreementbutthisdoesnotaffectanyrightorremedyofathirdpartywhichexistsorisavailableapartfromthatAct.

13 Policy Disputes Clause Any dispute concerning the interpretation of the terms Conditions Limitations or Exclusions contained herein is understood and agreed by both the Insured and the Underwriters to be subject to the laws of England and Wales Each party agrees to submit to the jurisdiction of any court of competent jurisdiction within England and Wales and to comply with all requirements necessary to give such court jurisdiction All matters arising hereunder shall be determined in accordance with the law and practice of such court.

14 Due Observance If the Insured does not comply with any part of any condition which makes payment of any claim conditional upon such compliance Underwriters will not pay the claim except where:

a)compliancewouldtendtoreducetheriskoflossofaparticularkindorataparticulartimeorlocationandb)theInsuredhasdemonstratedthatthenon-compliancecouldnothaveincreasedtheriskofthelosswhichactually occurred in the circumstances in which it occurred.

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Complaints ProcedureOur Commitment to Customer ServiceAt Larsen Howie we are committed to going the extra mile for our customers. 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.

You are also entitled to pursue your complaint through the Online Dispute Resolution platform which can be accessed here: http://ec.europa.eu/odr.

Step 1Ouraimistoensurethatallaspectsofyourinsurancearedealtwithpromptly,efficientlyandfairly.Ifyouhaveanyquestionsorconcernsaboutyourpolicyorthehandlingofaclaimyoushould,inthefirstinstancecontact:

Larsen Howie Limited1 Burrough CourtBurrough-on-the-HillMelton MowbrayLeicestershireLE14 2QS

Email: [email protected]:01163805650

Step 2Intheeventyouremaindissatisfiedandwishtomakeacomplaint,youcandosoatanytimebyreferringthematterto:

TheComplianceOfficerArgo GlobalExchequer Court33 St Mary AxeLondonEC3A 8AA

or the Complaints Team at Lloyds:

ComplaintsLloydsOne Lime StreetLondonEC3M 7HA

Tel:02073275693Fax: 020 7327 5225Email: [email protected]: www.lloyds.com/complaints

DetailsofLloyd’scomplaintsproceduresaresetoutinaleaflet“YourComplaint-HowWeCanHelp”availableatwww.lloyds.com/complaints and are also available from the above address.

If you are still not happyIfyouremaindissatisfiedafterLloyd’shasconsideredyourcomplaint,youmayhavetherighttoreferyourcomplainttotheFinancialOmbudsmanService(FOS).ThecontactdetailsfortheFOSare:

Post:Financial Ombudsman ServiceExchange TowerHarbour Exchange SquareLondonE14 9SR

Telephone:08000234567(freefromstandardlandline,mobilesmaybecharged)03001239123(samerateas01or02numbers,onmobilephonetariffs)Email:[email protected]

Website: www.financial-ombudsman.org.uk

YouhavesixmonthsfromthedateofourfinalresponsetoreferyourcomplaintstotheFinancialOmbudsmanService.Thisdoesnotaffectyourrighttotakelegalaction,however,theFinancialOmbudsmanServicewillnotadjudicateonanycasewhere litigation has commenced.

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http://ec.europa.eu/odr

http://www.lloyds.com/complaints

http://www.financial-ombudsman.org.uk

Data ProtectionHow we use your InformationPlease read the following carefully as it contains important information relating to the details that you have given us. You should show this notice to any other party related to this insurance.

Who we areThis product is underwritten by Argo Global International Holdings Ltd, Exchequer Court, 33 St Mary Axe, London, EC3A 8AA. You are giving your information to Argo Global International Holdings Ltd which is a member of the Argo Group of companies (theGroup).Inthisinformationstatement‘we’‘us’and‘our’referstotheGroupunlessotherwisestated.

How your information will be used and who we share it withYour information comprises all the details we hold about you and your transactions and includes information obtained from third parties.

We may use and share your information with other members of the Group to help us and them•Assessfinancialandinsurancerisks• Recover debt• Prevent and detect crime

We do not disclose your information to anyone outside the Group except• Where we have your permission or• Where we are required or permitted to do so by law or• To credit reference and fraud prevention agencies and other companies that provide a service to us our partners or you or• Where we may transfer rights and obligations under this agreement

We may transfer your information to other countries on the basis that anyone we pass it to provides an adequate level of protection. In such cases the Group will ensure it is kept securely and used only for the purpose for which you provided it. Details of the companies and countries involved can be provided on request.

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object you will consent to that change.We will not keep your information for longer than is necessary.

Sensitive InformationSomeoftheinformationweaskyouformaybesensitivepersonaldataasdefinedbytheDataProtectionAct1998(suchasinformationabouthealthorcriminalconvictions).Wewillnotusesuchsensitivepersonaldataaboutyouorothersexceptforthespecificpurposeforwhichyouprovideitandtocarryouttheservicesdescribedinyourpolicydocuments.Pleaseensurethat you only provide us with sensitive information about other people with their agreement.

How to contact usOn payment of a small fee you are entitled to receive a copy of the information we hold about you. If you have any questions or youwouldliketofindoutmoreaboutthisnoticeyoucanwriteto:

The Customer Satisfaction ManagerArgo Global International Holdings LtdExchequer Court33 St Mary AxeLondonEC3A 8AA

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RenewalPrior to expiry of the Period of Insurance each year Larsen Howie Limited will invite renewal and the premium will be based on the information already provided by the Insured. If this information has changed the Insured must advise Larsen Howie Limited prior to expiry of the current Period of Insurance and they will recalculate the renewal premium based on the updated information provided.

Special BenefitIn the event of the Insurer being entitled to avoid this Insurance from inception or from the time of any variation in cover (includingatrenewal)theInsurermayatitsdiscretionmaintainthisInsuranceinfullforcebutexcludetheconsequencesofany matter which ought to have been disclosed at inception or at thetimeofanyvariationincover(includingatrenewal).

In the event of non-disclosure or misrepresentation at any renewal the Insurer will waive its rights to avoid this Insurance provided that:

a)theInsuredisabletoestablishtothesatisfactionoftheInsurerthatsuchnon-disclosureormisrepresentationwas innocent and free from any fraudulent conduct or intent to deceiveb)thePremiumandtermsshallbeadjustedatthediscretionoftheInsurertothosewhichwouldhaveappliedhad such circumstances been disclosedc)wheretheInsuredshouldhavenotifiedduringaprecedingPeriodofInsuranceeitheraClaimmadeagainstthe Insured or circumstances which could give rise to a Claim and the indemnity or cover to which the Insured would havebeenentitledwasinanywaymorerestrictedthanthatprovidedatthedateofnotificationtheInsurershallbe liable only to the extent applicable during such preceding Period of Insurance

ForthepurposesofthisSpecialBenefitthisInsuranceshallbedeemedtobearenewalofanyimmediatelyprecedingProfessional Indemnity policy issued by the Insurer under which the Insured was entitled to indemnity.

IftheInsuredisinbreachofClaimsConditions1(ClaimsNotification)or4(SupportingDocumentationandAdmissions)ofthisInsurancethentheInsurershallnotdenyanyclaimbutshallfirstlyapplyprovisionC)inSpecialBenefit2(totheextentapplicable)andthenwheresuchbreachhasprejudicedthehandlingorsettlementofanyclaimreducetheamountpayableinrespectofsuchclaim(includingDefenceCosts)tosuchsumasintheInsurer’sreasonableopinionwouldhavebeenpayableinthe absence of such prejudice.

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1 Burrough Court Burrough-on-the-HillMelton Mowbray LeicestershireLE14 2QS

t:01163800400e: [email protected]


http://www.larsenhowie.co.uk

PUBLIC & EMPLOYERS LIABILITY INSURANCE POLICY WORDING · Public & Employers Liability Insurance...

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Transcript of PUBLIC & EMPLOYERS LIABILITY INSURANCE POLICY WORDING · Public & Employers Liability Insurance...