SP055 Education Policy aw - ecclesiastical.com insurance policy... · This policy document ......

policy document EDUCATION INSURANCE

Version 2

Contents

Introduction 3

– Claims enquiries 3

– Policy information 3

Helplines 4

Information services 5

Preamble 6

General definitions 7

General exclusions 8

General conditions 10

Claims conditions 13

General memoranda 16

Security requirements 17

Sections of the policy (each section is operative only if shown as insured in the schedule)

Section 1 – Property damage 18

Section 2 – Property damage plus 34

Section 3 – Equipment breakdown 36

Section 4 – Business interruption 41

Section 5 – Liabilities 51

Section 6 – Legal expenses 61

Section 7 – Money with assault extension 72

Section 8 – Personal accident 76

Section 9 – Professional indemnity 79

General information 83

– Complaints procedure 83

– The Financial Services Compensation Scheme (FSCS) 83

EDUCATION INSURANCE POLICY DOCUMENT 3

Claims enquiries

For claims other than legal expenses claims

This claims service is provided by theClaims department at EcclesiasticalInsurance Office plc.

If you wish to report a new claim, the service is available 24 hours a day, 7 days a week.

For enquiries about existing claims, theservice is available from Monday to Friday8am to 6pm.

The claims service number is

0845 603 8381

For legal expenses claims

If you wish to report a new legal expenses claim or discuss an existing claim please call

DAS Legal Expenses Insurance Company Limited

0117 934 2104

For all claims

The action to be taken by the policyholderin the event of an incident which may give rise to a claim is shown in the ClaimsConditions on pages 13 to 15.

Fraud prevention

We may check your details with variousfraud prevention and credit referenceagencies. If false or inaccurate informationis provided and fraud is identified, detailswill be passed to fraud prevention agencies.Law enforcement agencies may access anduse this information. If you make a claim,we will share your information (wherenecessary) with other companies to preventfraudulent claims. For further informationplease refer to our Privacy Policy atwww.ecclesiastical.com/privacypolicy

Policy information

Please read this policy carefully toensure it meets your requirements.

The policy consists of

This policy document

This contains the general policy Preamble,Definitions, Exclusions, Conditions,Requirements and Memoranda whichincorporate definitions and terms that applyto the whole policy.

Individual sections numbered 1– 9 asshown in the table of contents, each settingout the terms relating to that section andthe definitions used specifically in thatsection. All the sections available are shown but you must check with your policyschedule (see below) to see which sectionsare included in your policy.

The policy schedule

This shows information that is individualto your insurance eg the identity of theinsured, the business being covered, theperiod of insurance, the covers you havechosen to include, the limits that apply andany special clauses. We will send anupdated schedule at each annual renewaldate and when changes are requested by you or made by us.

At renewal we may send you a furtherdocument called ‘Updates to your Policy’ –this shows changes to the policy documentapplicable to all policies of the type youhold. Please retain these ‘Updates to yourPolicy’ notices, plus the latest schedule, withyour policy document.

Introduction (not forming part of the policy)

4 POLICY DOCUMENT EDUCATION INSURANCE

The helpline services describedbelow have been arranged by usfor the benefit of our policyholders.

These helplines are manned 24 hours a day 365 days a year.

When telephoning these services would you please make sure that you are able togive your policy number. This can be foundon the policy schedule. The services are:

Emergency glass replacement

0800 474747 This is provided by GlassolutionsInstallation. If you suffer glass breakage youcan call upon the services of GlassolutionsInstallation whose operatives will effect arapid repair.

If you are insured for glass breakageGlassolutions Installation will issue twoseparate invoices, an invoice for you tocover the amount of any policy excess andrecoverable VAT and an invoice which issent directly to us for the remaining costs.

If the glass is not insured you will be solelyresponsible for the entire cost of repairs.

The following are provided byDAS Legal Expenses InsuranceCompany Limited (DAS).

To help them check and improve theirservices all calls (except those related tocounselling) are recorded.

DAS will not accept responsibility if theHelpline Services fail for reasons theycannot control.

Please DO NOT telephone DAS to report a general insurance claim. Call your brokeror Ecclesiastical.

Business assistance

0117 934 2104 In the event of an unforeseen emergencyaffecting the policyholder’s business premiseswhich causes damage or potential dangerDAS will contact a suitable repairer orcontractor and arrange assistance on behalfof the policyholder. You are responsible forpaying contractors’ fees, but if the damageis covered under your policy you will be ableto submit a claim in the normal way.

Eurolaw commercial legal advice

0117 934 2104 At the telephoned request of an official ofthe business, DAS will provide legal adviceon any commercial legal problem affectingthe business, under the laws of the membercountries of the European Union, the Isle of Man, the Channel Islands, Switzerlandand Norway.

Tax advice (commercial)

0117 934 2104 At the telephoned request of the InsuredDAS will provide advice on any tax mattersaffecting the business, under the laws ofthe United Kingdom.

Counselling

0117 934 2121 DAS will provide all employees of thepolicyholder (including any member of theirimmediate family who permanently live with them) with a confidential counsellingservice over the telephone, including whereappropriate, onward referral to relevantvoluntary and/or professional services.

Helplines (not forming part of the policy)


The following are provided byDAS Legal Expenses InsuranceCompany Limited (DAS).

Employment manual

The DAS Employment manual offers comprehensive, up to date guidance on rapidly changing employment law.

To view the Employment manual please visit the DAS website at

www.das.co.uk From the Home Page click on theEmployment manual icon. All the sectionsof this web-based document can be printedoff for your own use.

Email DAS at

[email protected] with your email address, quoting your policy number and DAS will contact you by email to inform you of future updates tothe information.

DAS businesslaw

At www.dasbusinesslaw.co.uk you will find an online reference full of the sorts of letters, articles and forms that will help you run your business successfully. DAS businesslaw users can also access interactive document builders, to help make composing commercial documents as easy as possible.

From new legislation and employment issues to property law and taxation, you will find the content provided by DAS businesslaw is updated regularly by legal experts to help you keep your business one step ahead.

To register your details, access the DAS businesslaw website at

www.dasbusinesslaw.co.uk When asked for your policy number, please insert your Ecclesiastical policy number prefixed with ‘EIG’ and the password is DAS472301

Information services (not forming part of the policy)


Preamble

The Ecclesiastical Insurance Office plc (the Company) and the Insured named inthe schedule agree that (1) the application or proposal form or

any other information supplied shall be incorporated into the contract

(2) this policy document the schedule(including any replacement schedule)and any endorsement shall togetherform the policy and be considered asone document

(3) the Insured will pay the premium (4) the Company will subject to the terms

and conditions of this policy provideinsurance under the sections specifiedin the schedule during the period of insurance or any subsequent period for which the Insured shall pay and the Company shall accept the renewal premium

(5) this policy shall be governed by andconstrued in accordance with the law of England and Wales unless thepolicyholder’s habitual residence (in the case of an individual) or centraladministration and/or place ofestablishment is located in Scotland in which case the law of Scotland shall apply

Education Insurance


Each time any of the following words or phrases appear in this booklet in bold italic type (or in capital letters in the Schedule) they will take the specificmeaning shown below unless morespecifically defined under each individualpolicy section

Where words or phrases are not highlightedin this manner the normal everyday meaningof the word or phrase will apply

Asbestos means asbestos asbestos fibres or anyderivatives of asbestos including anyproduct containing any asbestos asbestosfibres or any derivatives of asbestos

Business means the business of the Insured asstated in the schedule

Company /we /our /us means Ecclesiastical Insurance Office plc

Damage means physical loss destruction or damage

Data means information represented or storedelectronically including but not limited tocode or series of instructions operatingsystems software programs and firmware

Denial of service attack means any actions or instructionsconstructed or generated with the ability todamage interfere with or otherwise affectthe availability of networks network servicesnetwork connectivity or information systems

This includes but is not limited to thegeneration of excess traffic into networkaddresses the exploitation of system ornetwork weaknesses and the generation of excess or non-genuine traffic betweenand amongst networks

Excess means the first amount of each and everyloss (after applying an adjustment forunderinsurance) up to the amount set outin the schedule to this policy relevant to that loss

Geographical limits means England Scotland Wales NorthernIreland the Channel Islands and the Isle of Man

Hacking means unauthorised access to anycomputer or other equipment or componentor system or item which processes storestransmits retrieves or receives data whetheryour property or not

Insured /you/your means the Insured shown in the schedule

Premises means that part of the premises at theaddresses shown in the schedule owned or occupied by you in connection with the business

Terrorism means an 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 behalfof or in connection with any organisation(s)or government(s) committed for politicalreligious ideological ethnic or similarpurposes or reasons including the intentionto influence any government and/or to putthe public or any section of the public in fear

Unoccupied means unoccupied or untenanted or not inuse for a period of more than 60 days (otherthan in connection with normal vacations)

Virus or similar mechanism means program code programminginstruction or any set of instructionsintentionally constructed with the ability to damage interfere with or otherwiseadversely affect computer programs datafiles or operations whether involving self-replication or not

This includes but is not limited to Trojanhorses worms and logic bombs

General definitions


This policy does not cover

Excess

any excess shown in the schedule

Other insurances

property more specifically insured underanother policy

Radioactive contamination

(a) damage to any property whatsoever or any loss or expense whatsoeverresulting or arising there from or anyconsequential loss

(b) any legal liability of whatsoever naturedirectly or indirectly caused by orcontributed to by or arising from (i) ionising radiations or contamination

by radioactivity from any nuclearfuel or from any nuclear waste from the combustion of nuclear fuel

(ii) the radioactive toxic explosive orother hazardous properties of any explosive nuclear assembly or nuclear component thereof

Exclusion 3 does not apply to the Personalaccident section

Exclusions 3(b)(i) and (ii) do not apply toCover 1 of the Liabilities section except in respect of liability of any principal andliability assumed by agreement

War risks

any contingency liability or damageoccasioned by or happening through warinvasion act of foreign enemy hostilities orwarlike operations (whether war bedeclared or not) civil commotion assumingproportions of or amounting to a popularrising civil war military rising mutinyrebellion revolution insurrection military orusurped power or martial law

Exclusion 4 does not apply to Cover 1 ofthe Liabilities section

4

3

2

1

Sonic bangs

damage directly occasioned by pressurewaves caused by aircraft and otheraerial devices travelling at sonic orsupersonic speeds

Date recognition

any consequential or other loss costs andexpenses and any legal liability accidentalbodily injury or damage to property directlyor indirectly caused by or contributed to by or consisting of or in any way relating toor connected with the failure or possiblefailure of any computer(a) correctly to recognise any date as its

true calendar date (b) to capture save or retain and/or

correctly to manipulate interpret orprocess any data or information or command or instruction as a resultof treating any date otherwise than as its true calendar date

(c) to capture save retain or correctlyprocess any data as a result of theoperation of any command which hasbeen programmed into any computerbeing a command which causes theloss of data or the inability to capturesave retain or correctly to process such data on or after any date but thisshall not exclude subsequent damageor consequential loss not otherwiseexcluded which itself results from adefined peril

Definitions specific to exclusion 6

Computer means computer or other equipment media or system (or any part of them) forprocessing storing or retrieving data toinclude without limitation any microchipintegrated circuit or similar device or anycomputer software

6

5

General exclusions


Defined peril means any of the insured events specifiedin any section(s) of this policy insuringproperty excepting (a) accidental loss destruction or damage

and (b) causes excluded from these

insured events

Exclusion 6 does not apply to the Assaultextension of the Money section and thePersonal accident section

Terrorism

any claim directly or indirectly causedby resulting from or in connection withterrorism regardless of any othercontributory cause

This insurance also excludes any claimdirectly or indirectly caused by resultingfrom or in connection with any action takenin controlling preventing suppressing or inany way relating to terrorism

If we allege that by reason of this exclusionany claim is not covered by this policy theburden of proving the contrary shall beupon you

Exclusion 7 does not apply to the Legalexpenses section the Personal accidentsection and Cover 1 of the Liabilities section

7


Misrepresentation and misdescription

This policy shall be voidable in the event ofa material misrepresentation misdescriptionor nondisclosure

Precedents to liability

The due observance and fulfilment of theterms of this policy in so far as they relateto anything to be done or complied with by you shall be conditions precedent to any liability of the Company to make anypayment under this policy

Reasonable care

You shall take all reasonable precautions to prevent damage accident illness anddisease and shall exercise reasonable care in seeing that all statutory and otherobligations and regulations are dulyobserved and complied with and shallmaintain the premises and works machinery and plant in sound condition

If any defect is discovered by complaint orotherwise you shall take immediate steps to remedy the same and in the meantimeshall cause such temporary precautions tobe taken as the circumstances may require

Alteration of risk

If after the commencement of the insurancethere is any alteration of the risk (a) whereby the risk of damage accident

or liability is increased (b) whereby the premises are undergoing

major structural alterations or majorrepair (that does not include whereworkmen are allowed on the premisesto carry out minor repairs alterations or general maintenance not involvingexternal scaffolding)

(c) by closure vacation of occupation(other than in connection with normal vacations) or by the businessbeing permanently discontinued or by removal

4

3

2

1 (d) whereby your interest ceases except

by will or operation of law (e) whereby an administrator or a

liquidator or receiver is appointed or where you enter into a voluntaryarrangement

(f) by any other material change in use of the premises

it is a condition of this policy that immediatenotice is given to us

Upon any alteration as described above weshall be entitled to cancel the policy from thedate of such alteration or impose specialterms or charge an additional premium

Warranties

Every warranty to which the property or risk insured or any item thereof is or maybe made subject shall from the time thewarranty attaches apply and continue to be in force during the whole currency of this policy and non-compliance with anysuch warranty in so far as it increases the risk of damage shall be a bar to anyclaim in respect of such damage

Multiple insurances

(a) All sections except Equipment breakdown LiabilitiesLegal expenses Money with assaultextension Personal accident andProfessional indemnity

If at the time any claim arises under thispolicy there are any other insurances in force covering the same damage orliability we shall not be liable for morethan our rateable proportion and if suchother insurance is subject to anycondition of underinsurance this policyif not already subject to any condition of underinsurance shall be subject tothat condition of underinsurance inlike manner

6

5

General conditions


(b) Equipment breakdownLiabilities Legal expensesMoney and Professionalindemnity sections(apart from the Assault extension)

If at the time of any claim arising under this policy you are or would but for the existence of this policy beentitled to indemnity under any otherpolicy or policies we shall not be liableexcept in respect of any additionalamount beyond the amount whichwould have been payable under suchother policy or policies had thisinsurance not been effected

(c) Personal accident section and the Assault extension of the Money section

Irrespective of the number of policiesissued by us which provide cover to aninsured person we shall not pay personalaccident benefits under more than onepolicy for any one occurrence The policy which provides the greatestbenefit shall apply

Fraudulent claims

If any claim upon this policy be in anyrespect fraudulent or if fraudulent means ordevices are used by you or anyone actingon your behalf to obtain benefit under this policy or if any damage is occasionedby your wilful act or with your connivance allbenefit under this policy shall be forfeited

Arbitration

If any difference shall arise as to theamount to be paid under this policy (liability being otherwise admitted) suchdifference shall be resolved by arbitration in accordance with the statutory provisionsin force at the time by (a) an arbitrator agreed to in writing by the

parties or if the parties cannot agree

8

7

(b) an arbitrator appointed by theChartered Institute of Arbitratorsfollowing a request from either partyafter a seven day written notice by one party to the other requiring an agreement

You must not take legal action against usover the dispute before the arbitrator hasreached a decision

Cancellation

Paragraph (i) is applicable to RetailCustomers only (the schedule will indicate if you are a Retail Customer)

(i) Your right to cancel in the cooling-off period

If after insuring with us and receiving the full written policy documentationincluding the schedule you subsequentlychange your mind you have 14 days to write to the sender confirming that you do not wish to continue No charge will be made and anypremium you have already paid will be refunded After this cooling-off period yourright to cancel the policy is asdescribed in paragraph (ii) below

Paragraphs (ii) and (iii) are applicable toall customers

(ii) Your right to cancel the policy

You may cancel the policy providedthat you give us notice in writing As long as you have not made a claim you will receive a refund of thepart of your premium which covers the cancelled period provided thisexceeds £15 If you have made a claim then the full annual premium is due

9


(iii) Our right to cancel

In circumstances other than anyalteration of the risk (see condition 4)we may cancel the policy or any sectionof it by sending seven days’ notice byrecorded delivery to you at your lastknown address and shall refund to youthe proportionate premium for theunexpired period of cover

Adjustment of premium

If any part of the premium has beencalculated on estimates you shall within30 days from the expiry of each period ofinsurance furnish to us such information aswe may require and the premium for suchperiod shall be adjusted and the differencepaid by or allowed to you subject to anyminimum premium

Long term agreement

Where shown in the schedule that adiscount of premium is allowed inconsideration of you having made anagreement to offer annually certaininsurances under this policy on the terms in force at the expiry of each period of insurance and to pay the premium annually in advance it is understood that (a) we shall be under no obligation to

accept an offer made in accordancewith the above mentioned agreement

(b) the sum insured may be reduced at any time to correspond with any reduction in value or variation in the business

This agreement shall apply to any policy or policies which may be issued by usin substitution for this policy and the same discount shall be allowed from thecorresponding premium for any substitutedpolicy or policies issued by us

11

10


Your duties

On the happening of any incident whichmay give rise to a claim you shall

General All sections other than Legal expenses

(a) take all practicable steps to recoverproperty lost and otherwise minimisethe claim

(b) inform the Police immediately if the damage is caused by thievesmalicious persons or vandals or by riot civil commotion strikes or labour disturbances

(c) notify us immediately (d) at our request and at our expense do

or allow to be done everythingreasonably required by us for thepurpose of making any recoveries fromother parties (whom we would beentitled to pursue upon settlement ofyour claim) whether such action isnecessary before or after we pay yourclaim under the policy

1

Property damageProperty damage plusEquipment breakdownand Money sections excluding the Moneyassault extension

(a) within 30 days or such further time as we may in writing allow deliver to us a written claim providing at yourown expense all details proofs andinformation regarding the cause andamount of the damage as we mayreasonably require together withdetails of any other insurances on anyproperty insured by this policy and (if demanded) a statutory declarationof the truth of the claim and of anyrelated matters

No claim under these sections shall bepayable unless the terms of this conditionhave been complied with (b) if we elect or become bound to

reinstate or replace any propertyproduce at your own expense and give to us all such plans documentsand information as we may reasonably require

However we shall not be bound to reinstate exactly or completely but only ascircumstances permit and in reasonablysufficient manner and shall not in any casebe bound to expend in respect of any one of the items insured more than the sum insured

2

Claims conditions


Business interruption section

within 30 days after the expiry of theindemnity period or within such further time as we may in writing allow at your ownexpense deliver to us a statement setting outparticulars of the claim together with details ofall other insurances covering any part of thedamage or resulting business interruption

You shall at your own expense also provide us with such books of account andother business books vouchers invoicesbalance sheets and other documents proofs information explanations and otherevidence as may reasonably be required by us for the purpose of investigating or verifying such claim together with (if demanded) a statutory declaration of the truth of the claim and of any related matters

No claim under this section shall be payable unless the terms of this conditionhave been complied with and in the eventof non-compliance any payment on account of the claim already made by us shall berepaid to us

Liabilities section

(a) not make or allow to be made on yourbehalf any admission offer promisepayment or indemnity without ourwritten consent

(b) forward to us every letter claim writsummons and process immediatelyupon receipt withoutacknowledgement and advise usin writing as soon as you have anyknowledge of any impendingprosecution inquest or fatal injuryinquiry in connection with that event

Legal expenses section

as described in the Legal expensessection of the policy

5

4

3 Personal accident sectionand the Assault extension of the Money section

(a) at your own expense provide allcertificates information and evidenceas required by and in the formprescribed by us

(b) arrange for the insured person toundergo medical examination by theCompany’s medical practitioner as often as required at our expense

Professional indemnity section

(a) give written notice to us (regardless of the uninsured excess) as soon as possible after becoming aware ofcircumstances which might reasonablybe expected to produce a claimirrespective of your views as to thevalidity of the claim or on receivinginformation of a claim for which theremay be liability under this section Any claim arising from suchcircumstances shall be deemed tohave been made in the period ofinsurance in which such notice hasbeen given

(b) forward to us every letter claim writsummons and process immediatelyupon receipt without acknowledgement

(c) not make or allow to be made on yourbehalf any admission offer promisepayment or indemnity without ourwritten consent

(d) give all such assistance as we mayrequire but you shall not be required tocontest any legal proceedings unless a Queen’s Counsel (or by mutualagreement between you and us asimilar authority) shall advise that suchproceedings could be contested withthe probability of success

7

6


Our rights

All sections except Legal expenses the Assault extension of the Money section and Personal accident

(a) We may start take over defend andconduct any legal action in your nameor prosecute in your name for ourbenefit any claim for indemnity ordamages and shall have full discretionin the conduct and settlement of anysuch action

(b) We may enter any building wheredamage has occurred and takepossession of the building and takeand keep possession of any propertyinsured by this policy but you may notabandon property to us

This policy shall be proof that you havegiven us authority to exercise our rightsunder this condition

Liabilities and Professional indemnity sections

We may at any time pay to you the limit of indemnity (a) in the case of Employers’ liability

or Prosecution defence cost orProfessional indemnity claims afterdeduction of any sum or sums already paid or incurred

2

1

(b) in the case of Public and productsliability claims after deduction of anysum or sums already paid or incurredas damages

or any less amount for which at ourdiscretion any claim or claims can besettled and we will then relinquish controlof any such claim and be under no furtherliability except that in respect of any Publicand products liability claim (other than any claim originating from within the legaljurisdiction of the United States of Americaor Canada) we will also pay any legal costsincurred prior to the date of such payment

Legal expenses section

As described in the Legal expenses sectionof the policy

Personal accident sectionand the Assault extension of the Money section

We shall in the event of death of any insured person be entitled to have a post mortem at our expense

4

3


Designation

For the purpose of determining wherenecessary the heading under which anyproperty is insured we agree to accept the designation under which such propertyhas been entered in your books

Contracts (Rights of Third Parties)

A person or company who is not a party tothis policy has no right under the Contracts(Rights of Third Parties) Act 1999 toenforce any term of this policy but this does not affect any right or remedy of athird party which exists or is available apart from that Act

2

1

General memoranda


Protection condition

It is a condition precedent to liability inrespect of damage at or to the premisescaused by theft or attempted theft that all locks bolts and other protective devices(except intruder alarms) fitted to thepremises be brought into use whenever the premises are closed for business andare not attended by you or an authorisedperson for the purpose of the business

In this condition the words ‘businessportion of the premises’ are deemed to besubstituted for ‘premises’ when part of the premises is occupied residentially by you or an authorised person

Intruder alarm condition applicable only if shown as operativein the schedule

In respect of damage due to or arising fromtheft or attempted theft at the premises it isa condition precedent to liability under thispolicy that an intruder alarm system isinstalled at the premises and that(a) the intruder alarm system shall be

installed in accordance with thespecification agreed in writing by usand no alteration or variation of thesystem or any structural alteration tothe premises which would affect thesystem shall be made without ourwritten consent

(b) the intruder alarm system shall bemaintained in full and efficient workingorder at all times and be serviced undera maintenance contract approved by usand immediate notice of any apparentdefect in the intruder alarm system orits signalling shall be given to themaintenance contractor

(c) the intruder alarm system shall betested and set whenever the alarmedportion of the premises is closed forbusiness and is not attended by you orany person authorised by you to beresponsible for the security of thepremises provided that any detection

2

1 devices and their circuits connected forcontinuous protection shall be fullyoperative at all times

(d) all keys including duplicate keys andnotes of combination locks/electronicpass codes letters and numbers relativeto the intruder alarm system shall beremoved from the buildings of thepremises whenever they are closed forbusiness and are left unattendedprovided that at such times if part ofthe premises is occupied residentiallyby you or an authorised employee thesaid keys shall be removed from thebusiness portion of the premises tothe part occupied residentially

(e) immediate advice shall be given to usof any notice from the Police or asecurity organisation that intruderalarm system signals may be or will bedisregarded

(f) you shall appoint at least twokeyholders and lodge written details(which must be kept up to date) withthe alarm company and policeauthorities

(g) in the event of notification of anyactivation of the intruder alarm systemor interruption of the means ofcommunication during any period thatthe intruder alarm system is set akeyholder shall attend the premiseswithin 20 minutes

Definitions specific to condition 2

Intruder alarm systemmeans the component parts includingthe means of communication used totransmit signals

Keyholder(s)means you or any person or keyholdingcompany authorised by you who is availableat all times to accept notification of faultsor alarm signals relating to the intruderalarm system and attend and allow accessto the premises

Security requirements

The schedule will show if thissection applies

Definitions

Each time any of the following words orphrases appear in this section in bold italictype (or in capital letters in the schedule)they will take the specific meaning shown below


Boats means (a) Sailing vessels less than nine metres

in length or manually propelled craft or

(b) powered watercraft less than ninemetres in length overall and designed toproduce a maximum speed of less than30 knots and their associated equipment

Buildings means the buildings of the premisesincluding landlord’s fixtures and fittingsoutbuildings walls gates and fences pipingducting cables wires and associated controlgear and accessories on the premisesand extending to the public mains but onlyto the extent of the Insured’s responsibilityyards car parks roads and pavementsstorage tanks artificial playing surfacesswimming pools and associated apparatus

For private dwelling houses the definition of buildings is amended to read any privatedwelling house including garages andoutbuildings permanent fixtures and fittingsswimming pools tennis courts paths drivesterraces patios walls fences hedges andgates all within the boundaries of the landbelonging to the private dwelling and usedsolely for domestic purposes

Unless stated otherwise buildings are brick stone or concrete built and roofedwith slates tiles concrete metal asphalt orsheets or slabs composed of incombustiblemineral ingredients and exclude land piersjetties bridges culverts and excavations

Contents means furniture plant machineryinstruments equipment furnishings fixturesfittings utensils consumable stores and allother contents including (a) tenants improvements alterations

and decorations (b) documents manuscripts and business

books for the cost of materials and of clerical labour in reproducing them

(c) computer systems records but only for the value of the materials togetherwith the cost of clerical labour andcomputer time expended in reproducingsuch records (excluding any expensesin connection with the production ofinformation to be recorded therein) andnot for the value to you of theinformation contained therein for anamount not exceeding 5% of the suminsured by the item on contents

all belonging to you or for which you arelegally responsible and contained in thepremises and elsewhere as stated

excluding (i) landlord’s fixtures and fittings (ii) cash or money instruments of any

description whether negotiable or non-negotiable

(iii) vehicles licensed for road use(including accessories thereon)caravans trailers railway locomotivesrolling stock watercraft or aircraft

(iv) any living creatures trees shrubs plants or other vegetation

(v) explosives other than Combined Cadet Force property

(vi) any property more specifically insured


Property damage 1


Groundsmen’s equipment means groundsmen’s machines andequipment in the grounds and playing fields of the premises

Insured event(s)means any insurable event (from 1 Firelightning and explosion to 19 Act ofterrorism) set out as included in theschedule to this policy

Item(s) insuredmeans the items insured as set out in theProperty damage section of the scheduleto this policy

Personal possessions means the personal possessions of thepersons shown in the schedule whilstcontained in the premises or whilst suchpersons are away from the premiseson organised educational trips up to the limit per person shown in the schedule

For this purpose ‘personal possessions’means personal articles worn used or carried about the person includinginstruments sports and other equipmentand tools for use in connection with your business but excluding(a) money securities and stamps (b) jewellery (c) articles of precious metal (d) furs (e) pedal cycles (f) property if and so far as it is

otherwise insured

Cover

We will indemnify you (by payment up to the value of the items insured at the timeof the damage or at our option by repairreinstatement or replacement) in respect of damage to the items insured by anyinsured event (stated as insured in theschedule) happening during the period of insurance

Provided that our liability in any one periodof insurance shall not exceed the suminsured for each item nor in all the totalsum insured

Insurable events

Fire lightning and explosion

Fire

(whether resulting from explosion or otherwise) not occasioned by or happening through (a) the property’s own spontaneous

fermentation or heating or itsundergoing any process involving the application of heat

(b) earthquake subterranean fire riot civil commotion

Lightning

Explosion

excluding (a) damage in respect of and originating

in any vessel machinery or apparatusor its contents belonging to you or under your control which is required to be examined to comply with anyStatutory Regulations unless suchvessel machinery or apparatus shall be the subject of a policy or othercontract providing the requiredinspection service

(b) damage by fire resulting from explosion

1

Aircraft

Aircraft and other aerial devices or articlesdropped from them

Riot

Riot civil commotion strikers locked-outworkers or persons taking part in labourdisturbances excluding (a) damage occasioned by or happening

through confiscation or destruction orrequisition by order of the governmentor any public authority

(b) damage resulting from cessation of work

(c) damage occurring in Northern Ireland

Malicious persons

Malicious persons not acting on behalf of orin connection with any political organisation

excluding (a) damage occasioned by or happening

through confiscation or destruction orrequisition by order of the governmentor any public authority

(b) damage resulting from cessation of work

(c) damage occurring in Northern Ireland (d) damage by theft or attempted theft or

by risks described in Insurable event 1(e) damage in respect of any building

which is unoccupied(f) damage arising from deliberate

erasure loss distortion or corruption ofinformation on computer systems orother records programs or software

Earthquake

Subterranean fire

2

3

4

5

6

Storm

excluding (a) damage by

(i) the escape of water from thenormal confines of any natural or artificial water course or lakereservoir canal or dam

(ii) inundation from the sea whether resulting from storm or otherwise

(b) damage attributable solely to changein the water table level

(c) damage by frost subsidence or landslip(d) damage to fences gates and moveable

property in the open (other than boatsand other moveable property providedfor in Extension 14 of this section) and inflatable structures except wheredamaged by falling trees

Flood

Flood caused by (a) the escape of water from the normal

confines of any natural or artificialwater course (other than water tanksapparatus or pipes) or lake reservoircanal or dam

(b) inundation from the sea

but excluding (i) damage attributable solely to change

in the water table level (ii) damage by frost subsidence or landslip (iii) damage to fences gates and moveable

property in the open (other than boatsand other moveable property providedfor in Extension 14 of this section)

Escape of water

Escape of water from any tank apparatus orpipe including damage to any water tankapparatus or pipe itself caused by freezingof water excluding (a) damage by water discharged or

leaking from an installation ofautomatic sprinklers

(b) damage in respect of any buildingwhich is unoccupied

7

8

9



Impact

Impact with the property insured by anyroad vehicle or animal

Falling trees

Falling trees other than as a result of fellinglopping or topping

Falling aerials

Breakage or collapse of television and radioreceiving aerials aerial fittings and masts

Escape of oil

Escape of oil from any fixed oil-fired heatinginstallation or storage tank including resultantloss of oil

Sprinkler leakage

Accidental escape of water from anyautomatic sprinkler installation in thepremises not caused by (a) freezing in any building which is

unoccupied(b) explosion earthquake subterranean

fire or heat caused by fire

Accidental damage

Any other accidental damage excluding (a) damage which is specifically mentioned

elsewhere under this section (b) damage to the items insured caused

by or consisting of inherent vice latentdefect gradual deterioration wear and tear its own faulty or defectivedesign or materials faulty or defectiveworkmanship but this shall not excludesubsequent damage which itself resultsfrom a cause not otherwise excluded

10

11

12

13

14

15

(c) damage caused by or consisting ofcorrosion rust wet or dry rot shrinkageevaporation loss of weight dampnessdryness marring scratching vermininsects change in temperature colourflavour texture or finish

(d) damage consisting of (i) joint leakage failure of welds

or cracking fracturing collapse oroverheating of boilers economiserssuperheaters pressure vessels orany range of steam and feed pipingin connection therewith

(ii) mechanical or electrical breakdownor derangement in respect of theparticular machine apparatus orequipment in which suchbreakdown or derangementoriginates

(e) damage caused by or consisting of (i) acts of fraud or dishonesty (ii) disappearance unexplained or

inventory shortage misfiling or misplacing of information

(f) damage caused by or consisting oferasure loss distortion or corruption of information on computer systems or other records programs or software

(g) damage(i) to a building or structure caused

by its own collapse or cracking (ii) in respect of moveable property

in the open fences and gates bywind rain hail sleet snow or dust

(iii) to property resulting from itsundergoing any process of cleaning dyeing restorationproduction packing treatmenttesting commissioning servicing or repair

Subsidence

Subsidence heave or landslip of the site on which the premises stand excluding damage(a) attributable solely to change in the

water table level (b) to boundary walls gates fences piping

ducting cables wires and associatedcontrol gear and accessories yards carparks roads and pavements storagetanks artificial playing surfaces andswimming pools unless also resultingin damage to a building insured underthis policy

(c) caused by or consisting of (i) the normal settlement or bedding-

down of new structures (ii) the settlement or movement of

made-up ground (iii) coastal or river erosion

(d) caused by defective design orworkmanship or the use ofdefective materials

(e) caused by fire subterranean fireexplosion earthquake or the escape of water from any tank apparatus or pipe

(f) which originated prior to the inception of cover

(g) resulting from (i) demolition construction structural

alteration or repair of any property (ii) groundworks or excavation at the same premises

Special condition applicable to insurable event 16

You shall notify us immediately youbecome aware of any demolitiongroundworks excavation or constructionbeing carried out on any adjoining site We shall then have the right to vary these terms or cancel this cover

16 Theft or attempted theft

Theft or attempted theft whether or notinvolving entry to or exit from the premisesby forcible or violent means excluding (a) damage in respect of any building

which is unoccupied(b) moveable property in the open

(other than boats and other moveableproperty provided for in Extension 14of this section)

(c) damage to the buildings as a resultof theft or attempted theft

Glass and sanitary fixtures

Accidental breakage of any part of theexterior and interior glass sanitary fixturesor signs including the reasonable cost of (a) repairs to framework following

breakage of the insured glass (b) necessary boarding-up pending

replacement of the insured glass (c) in the case of multiple glazing the

additional cost of re-creating vacuumsor the purchase and installation of new sealed units

(d) replacing any lettering painting oralarm foil on such glass

but excluding (i) damage to glass sanitary fixtures

or signs already damaged at thecommencement of the insurance

(ii) disfiguration or damage to glass notextending through the entire thicknessof the glass

(iii) breakage at any building which is unoccupied

(iv) breakage of glass while not fixed (v) breakage occasioned by or traceable

to alterations to the premises or in theglass whereby the risk of breakage isincreased

(vi) damage to bulbs or tubes unless the signs in which they are containedare damaged at the same time

(vii) damage which is specificallymentioned elsewhere under this section

17

18



Act of terrorism

Acts of persons acting on behalf of or inconnection with any organisation whichcarries out activities directed towards theoverthrowing or influencing by force orviolence of HM Government in the UnitedKingdom or any other Government de jureor de facto and certified in writing as an Actof Terrorism by HM Treasury

Cover is limited to property situated inGreat Britain for the purpose of thisinsurable event Great Britain meansEngland Wales and Scotland but not theterritorial seas adjacent thereto as definedby the Territorial Sea Act 1987

If we allege that any damage is notcovered by this insurable event the burdenof proving that such damage is coveredshall be upon you

This insurable event is not subject to anylong term agreement or undertaking whichmay otherwise apply

The insurance provided by this insurableevent is not subject to any of the exclusionsapplying to the whole policy exceptexclusion 4 War Risks and is not subject toany exclusion of damage caused bypollution or contamination

Excluding (a) damage in respect of any property not

being a block of flats which is insuredin the name of a private individual andis occupied by that individual forresidential purposes

(b) damage caused by riot andcivil commotion

19 Explanatory note (not for mingpart of the policy)

This Insurable event covers your property(and, if insured, subsequent businessinterruption) against only those terroristacts which are certified by HM Treasuryas an ‘Act of Terrorism’ ie acts committedby or on behalf of organisationsattempting to overthrow or influence thegovernment by force or violence

It does not provide cover for all terrorismas defined in the terrorism exclusionapplying to the whole policy


Extensions

The insurance by this section is extended to include the following

Non-invalidation

The cover by this section shall not beinvalidated by any act or omission or anyalteration whereby the risk of damage isincreased unknown to you or beyond yourcontrol provided that you immediately onbecoming aware of this give notice to usand pay an additional premium if required

Reinstatement of sum insured not applicable to any limits in the extensions to this section

In consideration of your agreement to pay such additional premium as may berequired we will automatically reinstate the sum insured in full after damagehas occurred

Provided that (a) we have not given you notice within

30 days of you reporting the damageto us that we will not reinstate the sum insured

(b) in respect of damage by theft orattempted theft reinstatement will only apply subject to you completingany improvements to the securityprecautions at the premises that we may require and in any eventreinstatement following theft orattempted theft will apply only onceduring each period of insurance

Fees

If the buildings are insured architects’surveyors’ consulting engineers’ and legalfees necessarily and reasonably incurred in the reinstatement of the property insuredconsequent upon its damage by aninsured event but not for preparing anyclaim it being understood that the amount

1

2

3

payable for such damage and fees shallnot exceed in the aggregate the suminsured by each item

Removal of debris

Costs and expenses necessarily incurred by you with our consent in (a) removing debris (b) dismantling and/or demolishing (c) shoring up or propping of the portion or portions of the propertyinsured by the said items destroyed ordamaged by any insured event it beingunderstood that the amount payable forsuch damage and costs incurred under (a) (b) and (c) shall not exceed in theaggregate the sum insured by each item

We will also pay the costs and expensesnecessarily incurred by you with ourconsent in removing fallen trees withinthe grounds of the premises

Provided that(1) the trees have fallen as a result of an

insured event and(2) the buildings of the premises are

damaged by the same insured eventoccurring at the same time and aclaim for this damage has beenadmitted by us

We will not pay for any costs or expenses(i) incurred in removing debris except

from the site of such propertydestroyed or damaged and the areaimmediately adjacent to such site

(ii) arising from pollution or contaminationof property not insured by this policy

4


European Union and Public Authorities including undamaged portions

If the buildings are insured such additionalcost of reinstatement of the destroyed or damaged property as may be incurredsolely by reason of the necessity to complywith the stipulations of (1) European Union legislation or(2) building or other regulations under

or framed in pursuance of any Act ofParliament or byelaws of any publicauthority (hereinafter referred to as‘the Stipulations’)

excluding (a) the cost incurred in complying with

the Stipulations (i) in respect of damage occurring prior

to the granting of this extension (ii) in respect of damage not insured

by this policy (iii) under which notice has been

served upon you prior to thehappening of the damage

(iv) for which there is an existingrequirement which has to beimplemented within a given period

(b) the additional cost that would havebeen required to make good theproperty lost destroyed or damaged to a condition equal to its conditionwhen new had the necessity to comply with the Stipulations not arisen

(c) the amount of any charge orassessment arising out of capitalappreciation which may be payable in respect of the property or by the owner of the property by reason of compliance with the Stipulations

5 Special conditions applicable to extension 5

1 The work of reinstatement must becommenced and carried out withoutunreasonable delay and in any casemust be completed within 12 monthsafter the damage or within suchfurther time as we may allow (duringthe said 12 months) and may becarried out upon another site (if theStipulations so necessitate) subjectto our liability under this extensionnot being thereby increased

2 If our liability under the policy apartfrom this extension shall be reduced by the application of any of the termsand conditions of the policy then ourliability under this extension (in respectof any such item) shall be reduced in like proportion

3 The total amount recoverable underany item of the policy under thisextension shall not exceed (a) 15% of its sum insured (b) where the sum insured by the

item applies to property at morethan one premises 15% of the total amount for which we wouldhave been liable had the propertyinsured by the item at the premiseswhere damage has occurred beenwholly destroyed

4 The total amount recoverable underany item of the policy shall not exceedits sum insured

5 All the terms of this policy except in so far as they may be expressly varied shall apply as if they had beenincorporated herein

Capital additions

Under the buildings and contents items (a) alterations and additions to the

property insured but not in respect of any appreciation in value

(b) newly acquired property so far as it is not otherwise insured anywhere in the geographical limits

Provided that (i) at any one situation this cover

shall not exceed 10% of the total sum insured on such property or£1,000,000 in respect of bothbuildings and contents whichever is the less

(ii) you undertake to give details of such extension of cover as soon aspracticable and to effect specificinsurance thereon and pay suchadditional premium as may be required from inception of the cover

Spontaneous heating

Damage to coal coke or wood blocks by its own spontaneous fermentation heating or combustion

Emergency services damage to the grounds

Damage caused by the emergencyservices to the grounds of the premisesfor which you are responsible

Metered water

The additional metered water chargesincurred by you arising from escape of water following damage to the water or heating systems located in or serving the premises provided we have accepted a claim for such damage to the system under this policy

Limit£25,000 in any one period of insurance

6

7

8

9

Sale of the building

If the buildings are insured the interest of the purchaser in the insurance by this section for the period from the written offer and acceptance or exchange of contractsuntil completion of the sale is noted

Provided that (a) the building is not insured elsewhere

for the benefit of the purchaser (b) the purchaser complies with and is

bound by the terms of the policy

Property away from the premises

(a) Contents are covered for the insuredevents whilst temporarily removed forcleaning renovation repair or othersimilar purposes to any premises and intransit to or from such locations withinthe geographical limits

(b) Contents and personal possessionsif insured are covered for the insuredevents whilst anywhere in the world inconnection with organisededucational trips

(c) Contents are covered for the insuredevents whilst at the home of youremployee or authorised representativeor whilst at any exhibition and in transitbetween such locations within thegeographical limits

(d) Boats are covered for the insuredevents whilst in the custody of you oryour employee or your authorisedrepresentative and whilst (i) on land being transported or used

on the inland waterways of thegeographical limits or within three miles of the coast or whilst

10

11



(ii) temporarily elsewhere in the worldon inland waterways or within threemiles of any coast

The following is excluded from (b) and (c) above (i) damage due to theft attempted

theft malicious persons or vandalswhilst the property is contained inan unattended vehicle unless (1) the motor vehicle is locked at

all points of access and (2) there are visible signs of

forcible or violent entry tothe vehicle and

(3) the property unless permanentlyfixed in position is out of sight ina locked compartment or lockedboot within the vehicle

(ii) property more specifically insured elsewhere

Damage to the buildings by theft only applicable if Insurable event 17 Theft or attempted theft is operative

The insurance extends to include (a) If buildings are insured repairs to the

buildings following theft of the fabricof the buildings excluding externalmetal up to £5,000 in any one periodof insurance

(b) If buildings are insured repairs to thebuildings following theft of externalmetal up to £5,000 in any one periodof insurance

(c) If contents are insured damage to the buildings caused by theft orattempted theft of contents for anamount not exceeding £25,000 in any one period of insurance

(d) Damage to property insured directlycaused as a result of the entry ofrainwater following the theft of thefabric of the buildings includingexternal metal up to £5,000 in any one period of insurance

12

This extension does not apply whenscaffolding is erected at the premisesunless we have agreed in writing tocontinue cover

Theft of keys only applicable if Insurable event 17Theft or attempted theft is operative

If contents are insured the reasonable cost necessarily incurred in gaining accessto the premises and/or replacing locks atthe premises including locks of safes orstrongrooms in the premises following theloss of keys by theft

Limit £5,000 any one period of insurance

Property in the open

If the contents are insured damage to thefollowing property by the insured events(a) floodlighting external lighting and

security equipment fixed to thebuildings or in the grounds ofthe premises

(b) fixed or unfixed equipment monumentsmemorials statues garden decorationsand ornaments in the grounds ofthe premisesLimit £15,000 any one claim

(c) signage positioned outside but in theimmediate vicinity of the premisesLimit £5,000 any one claim

(d) groundsmen’s equipment while in the open grounds provided that anymechanically or electrically drivenequipment is immobilised when not in use Limit as shown in the schedule

For the purpose of this extension theexclusion under Insurable events 7 (storm)8 (flood) and 17 (theft) relating to moveableproperty in the open does not apply

13

14

Hired-in property

Damage by an insured event to contentshired-in for the purposes of the businessfor which you are responsible

Limit £100,000 or 10% of the contentssum insured whichever is the greater any one loss

Freezer contents

If contents are insured damage to the contents of chill or deep freeze food units as a result of failure of the unit failure of the electricity or gas supply orcontamination from refrigerant or refrigerant fumes

In addition we will pay if incurred thenecessary and reasonable cost of hiringtemporary alternative freezing space

Excluding (a) damage caused by the deliberate act

of any electricity or gas supply authorityin withholding or restricting supply

(b) the excess specified in the schedule

Temporary storage and accommodation

(a) Necessary and reasonable costsincurred by you for the temporarystorage of contents following insureddamage under this sectionLimit 10% of the sum insured on buildingsin any one period of insurance

(b) If the premises are made uninhabitableby insured damage under this sectionreasonable costs of temporary

15

17

16

accommodation for you and your staffand members of your or their familypermanently residing at the premisesincluding the cost of temporary storageof household furniture Limit 20% of the sum insured on contentsin any one period of insurance

Trace and access

The costs and expenses necessarily andreasonably incurred by you with ourconsent in locating the source of aleakage of oil or water at the premisesand subsequent repair and making good

Limit £50,000 any one claim

Underground pipes and cables

Accidental damage to underground pipesand cables where the buildings are insuredby this section or where you are liable forrepairs as tenant

Extinguisher and alarm re-setting expenses

The reasonable costs incurred by you inrefilling fire extinguishing appliancesreplacing sprinkler heads and resetting fire or intruder alarm systems solely inconsequence of their activation following an insured event

Clearing of drains

The reasonable costs incurred by you forcleaning or repairing drains gutters sewersand the like for which you are responsibleincurred as a direct result of damagecaused by an insured event

Limit £50,000 any one claim

21

20

19

18



Minor building works

(this extension only applies if the buildingsare insured under the section against all ofthe specified perils as defined below)

Definitions specific to extension 22

Contract(s) means any contract or contracts with youas an employer for the repair alteration orextension of the buildings

Contractor(s) shall have the meaning attached to them in the contract

Specified perils means fire lightning explosion stormtempest flood escape of water from anywater tanks apparatus or pipes aircraft and other aerial devices or articles dropped from them riot civil commotion or earthquake

Cover

Contingent upon you giving us advancenotification this section extends to coveryour insurance obligations (other than fordamage by terrorism) under Clause 5.4b of the 2007 JCT Minor Works Buildingcontract in respect of repairs alterationsand/or extensions to existing buildingstructures (or any similar contract with our agreement)

Our liability under this extension for any one contract or series of contractsrelating to any one project at the premisesshall not exceed £100,000

For the purposes of this extension and forthe period of the contract the insurance for(a) the existing structures and (b) any contents for which you are

responsible and the works and unfixed materials and goods intendedfor incorporation in the works

22 is considered to be in the joint names of you and the contractor but only inrespect of damage by any specified perilsyou are obliged to insure against under theterms of the contract and provided that ourliability in any one period of insurance shallnot exceed the sum insured for each itemnor in all the total sum insured

Notwithstanding anything contained withinGeneral Condition 4 (Alteration of risk) the erection of scaffolding in connectionwith the cover provided under thisextension is deemed not to constitute an alteration in risk

Off-site storage

Cover extends to include materials or goodsdesignated to be included in the contractworks whilst temporarily held in store awayfrom the contract site but not while they are being worked upon

Limit £7,500 any one storage site

Maintenance and defects liability period

We will indemnify you for damage to the permanent works or any part thereofoccurring during any maintenance or defects liability period not exceeding 12 months duration specified in theconditions of contract but only in respect of damage for which you are liable (a) arising from a cause occurring

prior to the commencement of themaintenance period

(b) occasioned by you in course ofoperations carried out by you for thepurpose of complying with yourobligations under the maintenanceconditions of the contract

Our maximum liability shall not exceed 10% of the contract sum insured

Exclusions applicable to extension 22

We shall not be liable for (a) the first £250 of each and every claim

under this extension (b) builder’s plant tools and equipment (c) damage by any event which you are

not obliged to insure against under the terms of the contract

(d) damage to any property which alreadyexisted at the time of thecommencement of the contract

(e) penalties under the contract for delayor non-completion or consequentialloss of any nature except as specificallyprovided for under this extension

Memoranda

Reinstatement basis of settlement in the event of a claim

Applicable unless stated otherwise in the schedule

Subject to the following special conditionsthe basis upon which the amount payable in respect of (a) contents but excluding bed linen and

consumable stores (b) buildingsis to be calculated shall be thereinstatement of the property lost destroyed or damaged

For this purpose ‘reinstatement’ means(a) the rebuilding or replacement of

property lost or destroyed whichprovided our liability is not increasedmay be carried out (i) in any manner suitable to your

requirements (ii) upon another site

(b) the repair or restoration ofproperty damaged

in the case of (a) or (b) to a conditionequivalent to or substantially the same asbut not better or more extensive than itscondition when new

1



Special conditions applicable to memoranda 1

1 If at the time of reinstatement the sumrepresenting 85% of the cost whichwould have been incurred in reinstatingthe whole of the property covered byany item subject to this memorandumexceeds its sum insured at the time of commencement of any damage ourliability shall not exceed that proportionof the amount of the damage which the said sum insured adjusted for index-linking shall bear to the sumrepresenting the total cost of reinstatingthe whole of such property at that time

2 Our liability for the repair or restorationof property damaged in part only shallnot exceed the amount which wouldhave been payable had such propertybeen wholly destroyed

3 No payment beyond the amount whichwould have been payable in the absenceof this memorandum shall be made (a) unless reinstatement

commences and proceeds withoutunreasonable delay

(b) until the cost of reinstatement shallhave been actually incurred

(c) if the property insured at the time ofits damage shall be insured by anyother insurance effected by you oron your behalf which is not uponthe same basis of reinstatement

4 All the terms and conditions of thepolicy shall apply (a) in respect of any claim payable

under this memorandum except inso far as they are varied hereby

(b) where claims are payable as if this memorandum had notbeen incorporated

Day One basis – non-adjustable

This applies if a Day One figure is shownagainst an item in the schedule

1 You have agreed the declared valueincorporated in each item to which this extension applies and the premium has been calculated accordingly ‘declared value’ means yourassessment of the cost ofreinstatement of the property insured(as defined in the Reinstatementmemorandum) at the level of costsapplying at the inception of the periodof insurance (ignoring inflationaryfactors which may operatesubsequently) together with in so faras the insurance by the item providesdue allowance for (a) the additional cost of reinstatement

to comply with European Union and Public Authority requirements

(b) professional fees (c) debris removal costs

2 At the inception of each period ofinsurance you shall notify us of the declared value of the property insured by each of the said item(s) In the absence of such declaration the last amount declared by you(adjusted to reflect index-linking) shall be taken as the declared valuefor the ensuing period of insurance

3 In respect of each item to which thisextension applies the following wordingsreplace Special conditions 1 and 4 of the Reinstatement memorandum

1 Each item insured under thismemorandum is declared to beseparately subject to the followingcondition of underinsurance namely

If at the time of damage thedeclared value of the propertycovered by such item be less than the cost of reinstatement (as defined

2

in paragraph 1 of the Day Onememorandum) at the inception of theperiod of insurance then our liabilityshall be limited to that proportionthereof which the declared valuebears to such cost of reinstatement

4 Where by reason of any of theabove Special conditions nopayment is to be made beyondthe amount which would have beenpayable under the policy if thismemorandum had not beenincorporated the rights andliabilities of the Company andthe Insured in respect of thedamage shall be subject to theterms of the policy including anycondition of underinsurance as ifthis memorandum had not beenincorporated except that the sumsinsured shall be increased inproportion with the additionalamount charged in respect ofthis memorandum

Index-linking

The sum insured and where applicable thedeclared value of each item insured underthis section will be adjusted in accordancewith suitable indices selected by us

The annual renewal premium will beamended accordingly

Underinsurance

Unless otherwise shown in the schedule orelsewhere in this policy the sum insured byeach item is subject to the followingcondition of underinsurance

If the property insured by any item of thissection shall at the commencement of anydamage to such property be collectively of greater value than such sum insured asadjusted for index-linking you will beconsidered as being your own insurer forthe difference and shall bear a rateableproportion of the loss accordingly

4

3

Antiquities

Unless an article is specifically insured in aseparate sum the indemnity provided underthis section is limited to the cost ofrestoration so far as that may be practicableor the cost of modern replicas and not anyvalue attaching to the property by reason ofits antiquity

Special endorsement – private dwelling houses

1 The condition of underinsurance doesnot apply to private dwelling houses

2 The excesses specified in theschedule apply to this extension

3 For private dwelling houses anamended definition of buildings applies(see buildings definition for details)

4 The extent of cover for private dwellinghouses is(i) Insured events 1 –18(ii) All extensions where applicable

Other interests

The interest in the insurance by this sectionof the various mortgagees lessors andfreeholders of the property is noted

7

6

5



Exclusions

We shall not be liable in respect of (1) damage caused by pollution or

contamination but this shall not excludedamage to the property insured nototherwise excluded caused by (a) pollution or contamination which

itself results from any of theinsured events other than 15Accidental damage

(b) any of the insured events otherthan 15 Accidental damagewhich itself results frompollution or contamination

(2) damage arising from theft or attemptedtheft where you or any permanentmember of your household or any of your directors or employees areconcerned as principal or accessory

(3) Consequential loss of any kind (4) damage to any computer or other

equipment or component or system or item which processes storestransmits retrieves or receives data or any part thereof whether tangible or intangible (including but withoutlimitation any information or programsor software) and whether yourproperty or not where such damageis caused by virus or similarmechanism or hacking or denial of service attack

(5) damage to any electrical plant orapparatus caused by self-ignition butthis exclusion shall apply only to thatpart of the electrical plant or apparatusin which self-ignition occurs


Definition

Each time the following appears in thissection in bold italic type (or in capital lettersin the schedule) it will take the specificmeaning shown below

Where it is not highlighted in this mannerthe normal everyday meaning will apply

Item(s) insured means the items insured shown in theProperty damage plus section of the schedule

Cover

We will indemnify you (by payment up to thevalue of the item insured at the time of theloss or at our option by repair reinstatementor replacement) in respect of damage to theitems insured by any cause not specificallyexcluded happening at the location statedin the schedule and during the periodof insurance

If Act of terrorism (Insurable event 19) is inforce under section 1 Property damage italso applies under this section

Provided that our liability in any one periodof insurance shall not exceed the suminsured for each item nor in all the totalsum insured

Memoranda

Reinstatement basis ofsettlement in the event ofa claim


The basis upon which the amount payablein respect of the property insured by this section is to be calculated shall be (a) where the property is lost or destroyed

its replacement by similar property in a

1

condition equal to but not better or moreextensive than its condition when new

(b) where property is damaged the repairof the damage and restoration of thedamaged portion of the property to acondition substantially the same as butnot better or more extensive than itscondition when new

Index-linking

The sum insured by each item insuredunder this section will be adjusted inaccordance with suitable indices selectedby us and the annual renewal premium will be amended accordingly

Reinstatement of sum insured

In consideration of you undertaking to paysuch additional premium as may be requiredwe will automatically reinstate the suminsured in full after damage has occurredprovided that(a) we have not given you notice within

30 days of you reporting the damageto us that we will not reinstate the sum insured

(b) in respect of damage by theft orattempted theft reinstatement will onlyapply subject to you completing anyimprovements to the security precautionsat the premises that we may requireand in any event reinstatement followingtheft or attempted theft will apply onlyonce during each period of insurance

Special condition

Underinsurance

If the property insured by any item of thissection shall at the time of any damageto such property be collectively of greatervalue than such sum insured by that item as adjusted by index-linking you will beconsidered as being your own insurer forthe difference and shall bear a rateableproportion of the loss accordingly

3

2


Property damage plus 2


Exclusions

We shall not be liable for (1) damage occasioned by or happening

through gradual deteriorationdepreciation mechanical or electricalbreakdown failure or breakage over-winding of watches wear and tearatmospheric and climatic conditions(other than storm or flood) pollution or contamination rust dust moth vermin or any process of cleaningdyeing restoration or repair to whichthe property is subjected delayconfiscation detention or destructionby order of the government or anypublic authority

(2) breakage of electrical valves bulbs or tubes unless the equipment in which they are contained is damagedat the same time

(3) consequential loss of any kind (4) damage to a trailer or caravan whilst

attached to or being towed by a motor vehicle

(5) damage due to theft attempted theftmalicious persons or vandals whilst theproperty is contained in an unattendedvehicle unless (i) the motor vehicle is locked at all

points of access and (ii) there are visible signs of forcible

or violent entry to the vehicle and (iii) the property unless permanently

fixed in position is out of sight in a locked compartment or locked boot within the vehicle

(6) the excess specified in the schedule (7) damage caused by or consisting of

erasure loss distortion or corruption of information on computer systems or other records programs or software

(8) damage to any computer or otherequipment or component or system oritem which processes stores transmitsretrieves or receives data or any partthereof whether tangible or intangible(including but without limitation anyinformation or programs or software)and whether your property or notwhere such damage is caused byvirus or similar mechanism orhacking or denial of service attack


The schedule will show if thissection applies and the cover in force

Definitions



Accident(s) means(a) electrical or mechanical breakdown

including rupture or bursting caused by centrifugal force

(b) artificially generated electrical currentincluding electric arcing that disturbselectrical devices appliances or wires

(c) explosion or collapse of steamboilers steam pipes steam engines orsteam turbines owned or leased byyou or operated under your control

(d) damage to steam boilers steam pipessteam engines or steam turbines causedby or resulting from any condition orevent (not otherwise excluded) insidesuch boilers or equipment

(e) damage to hot water boilers or otherwater heating equipment caused by or resulting from any condition or event (not otherwise excluded) insidesuch equipment

Additional expensesmeans expenses incurred to clean up or dispose of the covered equipmentresulting from contamination by ahazardous substance

Breakdownmeans (a) the actual breaking failure distortion or

burning out of any part of the coveredequipment whilst in ordinary usearising from defects in the covered

equipment causing its suddenstoppage and necessitating repair orreplacement before it can resume work

(b) fracturing of any part of the coveredequipment by frost when suchfracture renders the coveredequipment inoperative

(c) the actual and complete severance ofa rope but not breakage or abrasion ofwires or strands even thoughreplacement may be necessary

Collapsemeans the sudden and dangerous distortion(whether or not attended by rupture) of anypart of the covered equipment caused bycrushing stress by force of internal steamor other fluid pressure (other than pressureof chemical action or ignited flue gases orignition of the contents)

Computer equipmentmeans equipment that is electroniccomputer or other data processingequipment including media software andperipherals used in conjunction with suchequipment belonging to you or for whichyou are responsible

Covered equipmentmeans equipment owned by you or forwhich you are responsible built to operateunder vacuum or pressure (other thanweight of contents) or used for thegeneration transmission or utilisation ofenergy including but not limited to(a) heating systems and hot water heaters(b) air circulation ventilation air

conditioning and non-processrefrigeration systems

(c) electrical panels emergency generatorsand electrical distribution systems

(d) security alarm systems(e) lifts and escalators(f) office equipment including

telephone systems fax machinescopiers and printers

(g) retail equipment bar-code scannerscredit and debit card payment systemsand cash registers

Equipment breakdown 3


(h) forklift trucks at the premises(i) computer equipment

Excluding(i) any structure foundation masonry

brickwork cabinet compartment or air supported structure or building

(ii) any insulating or refractory material(iii) any sewer piping underground

vessels or piping or piping forming a part of a sprinkler system

(iv) any water piping other than boilerfeedwater piping boiler condensatereturn piping or water piping forming a part of a refrigerating or air conditioning system

(v) any vehicle or mobile lifting equipment(other than forklift trucks at thepremises) or aircraft or floating vesselincluding any equipment mounted on such vehicle or mobile liftingequipment or aircraft or floating vessel

(vi) any dragline excavation or construction plant or equipment

(vii) any tool die cutting edge crushingsurface trailing cable non-metalliclining driving belt or band or any other part requiring periodic renewal

(viii) any equipment manufactured by you for sale

(ix) kitchen and food preparationequipment laundry and cleaningequipment audio-visual equipment and computer equipment whilst in a private dwelling or private dwelling quarters

Explosionmeans the sudden and violent rending ofthe covered equipment by force of internalsteam or other fluid pressure (other thanpressure of chemical action or ignited fluegases or ignition of the contents) causingbodily displacement of any part of thecovered equipment together with forcibleejection of the contents

Hazardous substancemeans any substance other than ammoniathat has been declared to be hazardous tohealth by a governmental agency

Mediameans all forms of electronic magnetic and optical tapes and discs for use in any electronic computer or electronic dataprocessing equipment

Cover

We will indemnify you (by payment up to the value of covered equipment at the time of the damage or at our option byrepair reinstatement or replacement) inrespect of damage to covered equipmentat the premises by any accident happeningduring the period of insurance

Our liability in any one period of insuranceshall not exceed the sum insured under the appropriate section of material damageinsurance provided by this policy for eachitem of covered equipment nor in all thetotal sum insured subject to the maximumliability below

Maximum liabilityThe total amount we will pay in respect ofthis section shall not exceed £5,000,000 in any one period of insurance subject to a limit of £100,000 any one period ofinsurance for computer equipment

If an initial accident causes other accidentsall will be considered one accident

All accidents that are the result of thesame event will be considered one accident

Extensions


These extensions do not increase the limitsor sums insured that apply

Computer equipment

Damage caused by or resulting from anaccident to computer equipment occurringwhilst anywhere in the European Union butonly whilst in the custody or control of you oryour employee

Limit£100,000 any one period of insurance

Reinstatement of data

We will pay the costs you incur inreinstating data that is lost or damaged as a consequence of an accident tocomputer equipment

Providing that(a) our liability is limited solely to the

cost of reinstating data to media(b) We shall not be liable for any

losses discovered later than 180 days after the loss was initiated

(c) We shall not be liable for loss or damage to software

(d) We shall not be liable under thisextension for costs more specificallydescribed under extension 3 Increased cost of working

(e) You comply with the Back-up recordsSpecial Condition

Special condition –Back-up records

You shall maintain a minimum of 2generations of verified back-up computerrecords taken at intervals no less frequentlythan 48 hours one copy as a minimum being held off site and take all reasonableprecautions to store and maintain records inaccordance with the makers recommendations

2

1


Increased cost of working

We will pay costs necessarily andreasonably incurred by you for the sole purpose of avoiding or diminishinginterruption or interference to yourcomputer operations as a consequence of an accident to computer equipment


Business interruption

If the Business interruption section of this policy is operative we will pay to youin respect of each item in the businessinterruption schedule the loss occurringduring the indemnity period (as defined inthe Business interruption section) followingan accident to covered equipment thatresults in the business being interrupted or interfered with

Our liability shall not exceed the suminsured for each item nor in all the totalsum insured and in any event our maximumliability shall not exceed £30,000 any oneperiod of insurance

Hazardous substances

Damage to covered equipment at thepremises caused by contamination by a hazardous substance including anyadditional expenses incurred and if theBusiness interruption section of this policy is operative loss occurring during the indemnity period (as defined in the Business interruption section) inconsequence of the business carried on by you at the premises being interrupted or interfered with


5

4

3



Expediting expenses

Reasonable costs necessarily incurred by you to make temporary repairs andexpedite permanent repairs or permanentreplacement of damaged coveredequipment


European Union and Public Authorities

If in force the European Union and Public Authorities extension of the Propertydamage section of this policy applies tocovered equipment damaged as a resultof an accident


Loss avoidance measures

Reasonable costs necessarily incurred byyou to take exceptional measures to preventor mitigate impending damage to coveredequipment as a result of an accident

Provided that(a) damage would reasonably be

expected if such measures were not implemented

(b) we are satisfied that damage hasbeen avoided or mitigated by means of the exceptional measures

(c) the amount payable will be limited tothe cost of damage which would haveotherwise occurred

(d) the terms conditions and exclusions of this section and the policy apply asif damage had occurred

(e) if damage had occurred it would haveresulted in a claim that would havebeen accepted by us under thissection of the policy


6

7

8

Memorandum

Reinstatement basis of settlementin the event of a claim


Subject to the following special conditionsthe basis upon which the amount payable in respect of covered equipment is to becalculated shall be the reinstatement of thecovered equipment that is the subject of an accident

For this purpose ‘reinstatement’ means(a) the replacement of covered

equipment that is the subject of anaccident which provided our liability is not increased may be carried out(i) in any manner suitable to

your requirements(ii) upon another site

(b) the repair or restoration of coveredequipment that is the subject of anaccident

in the case of (a) or (b) to a conditionequivalent to or substantially the same asbut not better or more extensive than itscondition when new

Special condition applicable to this memorandum

1 Our liability for the repair or restorationof covered equipment that is thesubject of an accident shall not exceedthe amount payable for replacement ofthe covered equipment

2 No payment beyond the amount whichwould have been payable in theabsence of this memorandum shall be made(a) unless reinstatement

commences and proceeds without unreasonable delay

(b) until the cost of reinstatement shall have been actually incurred

3 All the terms and conditions of thepolicy shall apply


(a) in respect of any claim payableunder this memorandum except in so far as they are varied hereby

(b) where claims are payable as if this memorandum had notbeen incorporated

Exclusions

We shall not be liable in respect of(1) damage caused by or resulting from

(a) a hydrostatic pneumatic or gaspressure test of any boiler orpressure vessel or an insulationbreakdown test of any type ofelectrical equipment

(b) depletion deterioration corrosionerosion wear and tear or othergradually developing conditionsunless such damage results froman accident

(c) mould fungus mildew or yeast(d) the direct application of any tool

or process during the course of repair maintenance inspectionmodification or overhaul

(e) installation erection dismantling re-siting transportation or removalof covered equipment other thanre-siting transportation or removalunder its own power whilst at itsoperating site

(f) accidental failure of thepower supply

(2) damage to computer equipmentwhich is recoverable under amaintenance agreement warrantyor guarantee

(3) extension 4 Business interruption anydelay in resuming operations resultingfrom the need to reconstruct or re-input data or programs on media norfor the costs incurred in so doing

(4) any liquidated damages penalties fordelay or detention or in connectionwith guarantees of performance orefficiency of covered equipment

(5) damage resulting from maliciouspersons riot civil commotion strikerslocked-out workers or persons takingpart in labour disturbances occurring in Northern Ireland

(6) any damage or loss directly orindirectly caused by or in consequenceof the act or order of any lawfullyconstituted authority

(7) damage to any computer equipmentor other equipment or component or system or item which processesstores transmits retrieves or receivesdata or any part thereof whethertangible or intangible (including butwithout limitation any informationprograms software or media) andwhether your property or not wheresuch damage is caused by virusor similar mechanism or hackingor denial of service attack

(8) damage caused by or consisting oferasure loss distortion or corruption of information on computer systems or other records programs or software

(9) damage cost or expense that is or can be insured elsewhere in this policy

(10) damage caused by or resulting from the deliberate act of any person carried out with the intention to cause damage

(11) damage to livestock plants orperishable stock



To the extent that you are accountable tothe tax authorities for Value Added Tax all terms in this section shall be exclusive of such tax

For the purpose of these definitions anyadjustments implemented in current costaccounting shall be disregarded

Definitions



Adjustedmeans adjusted as necessary to provide forthe trend of the business and for variationsin or other circumstances affecting thebusiness either before or after the damageor which would have affected the businesshad the damage not occurred so that thefigures thus adjusted shall represent asnearly as may be reasonably practicable theresults which but for the damage wouldhave been obtained during the relativeperiod after the damage

Annual rent receivablemeans the rent receivable during the 12months immediately before the date of thedamage adjusted

Annual revenuemeans the revenue during the 12 monthsimmediately before the date of thedamage adjusted

Annual turnovermeans the turnover during the 12 monthsimmediately before the date of thedamage adjusted

Computer equipmentmeans equipment that is electronic computeror other data processing equipment includingall forms of electronic magnetic and opticaltapes and discs for use in any electroniccomputer or electronic data processingequipment software and peripherals used inconjunction with such equipment belongingto you or for which you are responsible

Damage As defined under ‘Cover’ of this Section

Estimated gross profit orestimated revenue orestimated rent receivable means the amount declared by you to usas representing not less than the grossprofit or revenue or rent receivable whichit is anticipated will be earned by thebusiness during the financial year mostnearly concurrent with the period ofinsurance (or a proportionately increasedmultiple thereof where the maximumindemnity period exceeds 12 months)

Gross profit means the amount by which the sum of theamount of the turnover and the amounts ofthe closing stock and work in progress shallexceed the sum of the amounts of theopening stock and work in progress and theamount of purchases and discounts relatingthereto bad debts and any other expensesspecified in the schedule (as defined in yourbooks and accounts)

The amounts of the opening and closingstocks and work in progress shall bearrived at in accordance with your normalaccountancy methods due provision beingmade for depreciation

Indemnity period means the period beginning with theoccurrence of the damage and ending notlater than the expiry of the maximumindemnity period specified in the schedulethereafter during which the results of thebusiness shall be affected in consequenceof the damage

Business interruption 4


Insured events means unless stated otherwise in theschedule those events which are insured by the Property damage section providedthat for the purpose of this section‘explosion’ shall include explosion of anyboiler or economiser on the premises

Rate of gross profit means the rate of gross profit earnedon the turnover during the financial yearimmediately before the date of the damage

Rent receivable means the amount of the rent and servicecharges received or receivable from theletting of the property as describedunder premises

Revenue means the money paid or payable to youfor services rendered in the course of thebusiness at the premises

Standard rent receivable means the rent receivable during theperiod corresponding with the indemnityperiod in the 12 months immediatelybefore the date of the damageappropriately adjusted where the indemnityperiod exceeds 12 months adjusted

Standard revenue means the revenue during the periodcorresponding with the indemnity periodin the 12 months immediately before thedate of the damage appropriately adjustedwhere the indemnity period exceeds 12months adjusted

Standard turnover means the turnover during the periodcorresponding with the indemnity periodin the 12 months immediately before thedate of the damage appropriately adjustedwhere the indemnity period exceeds 12months adjusted

Suppliers means suppliers with whom you have a contract to supply you with goods andservices excluding supply undertakingsfrom which you obtain electricity gas wateror telecommunications services

Turnover means the money paid or payable to youfor services rendered and for goods soldand delivered in the course of the businessat the premises


Cover

If any building or other property used byyou at the premises specified in theschedule for the purpose of the businessis destroyed or damaged during the periodof insurance by any of the insured events(destruction or damage so caused beingtermed damage) and the businesscarried on by you at the premises is inconsequence interrupted or interfered with

We will pay to you in respect of each itemin the schedule the amount of lossoccurring during the indemnity periodresulting from such damage in accordancewith the terms of this section

Provided that (1) our liability shall not exceed the sum

insured for each item nor in all the totalsum insured

(2) at the time of the damage there shallbe an insurance in force covering yourinterest in the property at the premisesagainst damage and that paymentshall have been made or liabilityadmitted under that insurance (but thisproviso shall not apply if no payment ismade under such insurance solelyowing to the operation of an excess)

Amount payable

Gross profit items The amount payable is limited to loss ofgross profit due to (a) reduction in turnoverand (b) increase in cost of working occurringduring the indemnity period and theamount payable as indemnity shall be(a) in respect of reduction in turnover the

sum produced by applying the rate ofgross profit to the amount by which theturnover during the indemnity periodshall in consequence of the damagefall short of the standard turnover

(b) in respect of increase in cost ofworking the additional expenditure(subject to the provisions of theuninsured standing charges clause)

necessarily and reasonably incurred by you with our consent during theindemnity period in consequence of the damage for the purpose ofavoiding or diminishing the reduction in turnover or for resuming ormaintaining normal businessoperations less any sum saved duringthe indemnity period in respect ofsuch of the charges and expenses ofthe business payable out of gross profit as may cease or be reduced in consequence of the damage

Provided that (i) Sum insured basis

if the sum insured basis applies and the sum insured by this item beless than the sum produced by applyingthe rate of gross profit to the annualturnover (or to a proportionatelyincreased multiple thereof where themaximum indemnity period exceeds12 months) the amount payable shallbe proportionately reduced

(ii) Declaration-linked basisnotwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated gross profit item shall notexceed 1331⁄3% of the Estimated Gross Profit stated in the schedule In the absence of written notice by you or us to the contrary our liabilityshall not stand reduced by the amount of any loss provided that you pay theappropriate additional premium forsuch automatic reinstatement of cover

Amount payable

Revenue itemsThe insurance under this section in respectof revenue is limited to (a) loss of revenueand (b) increase in cost of working occurringduring the indemnity period and theamount payable as indemnity shall be(a) in respect of loss of revenue the

amount by which the revenue duringthe indemnity period shall in


consequence of the damage fall short of the standard revenue

(b) in respect of increase in cost ofworking the additional expenditurenecessarily and reasonably incurred by you with our consent during theindemnity period in consequence of the damage for the purpose ofavoiding or diminishing a reduction in revenue or for resuming ormaintaining normal businessoperations less any sum saved duringthe indemnity period in respect ofsuch of the charges and expensesof the business payable out ofrevenue as may cease or be reducedin consequence of the damage


if the sum insured basis applies andthe sum insured by this item be lessthan the annual revenue (or aproportionately increased multipleof it where the maximum indemnityperiod exceeds 12 months) theamount payable shall beproportionately reduced

(ii) Declaration-linked basisnotwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated revenue item shall notexceed 1331⁄3% of the EstimatedRevenue stated in the scheduleIn the absence of written notice by you or us to the contrary our liabilityshall not stand reduced by the amountof any loss provided that you pay theappropriate additional premium forsuch automatic reinstatement of cover

Amount payable

Rent receivable items The insurance under this section in respect ofrent receivable is limited to (a) loss of rentreceivable and (b) additional expenditureoccurring during the indemnity period andthe amount payable as indemnity shall be

(a) in respect of loss of rent receivable theamount by which the rent receivableduring the indemnity period shall inconsequence of the damage fall shortof the standard rent receivable

(b) in respect of additional expenditure theadditional expenditure necessarily andreasonably incurred by you with ourconsent during the indemnity periodin consequence of the damage for thepurpose of avoiding or diminishing areduction in the rent receivable or for resuming or maintaining normalbusiness operations

less any sum saved during the indemnityperiod in respect of such of the chargesand expenses payable out of rentreceivable as may cease or be reduced in consequence of the damage


if the sum insured basis applies andthe sum insured by this item be lessthan the annual rent receivable (ora proportionately increased multipleof it where the maximum indemnityperiod exceeds 12 months) theamount payable shall beproportionately reduced

(ii) Declaration-linked basisnotwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated rent receivable item shall not exceed 1331⁄3% of the EstimatedRent Receivable stated in the schedule In the absence of written notice by you or us to the contrary our liabilityshall not stand reduced by the amountof any loss provided that you pay theappropriate additional premium forsuch automatic reinstatement of cover


Amount payable

Additional cost of working items The insurance under this section in respectof additional cost of working is limited toadditional cost of working occurring duringthe indemnity period and the amountpayable as indemnity shall be The additional expenditure including (a) the cost of moving to and from

temporary premises and the additionalrent rates and taxes thereon

(b) expenses incurred in equippingtemporary premises to make themsuitable for your business

(c) additional cost in respect of lightingheating and water

(d) additional cost in respect of additionalstaff and overtime and allowances toexisting staff

all reasonably incurred in order to minimise any interruption or interferencewith the business or to resume or maintain normal business operations during the indemnity period

Alternative trading clause

Gross profitIf during the indemnity period services shall be rendered or goods shall be soldelsewhere than at the premises for thebenefit of the business either by you or byothers on your behalf the money paid orpayable in respect of such services or salesshall be brought into account in arriving atthe turnover during the indemnity period


Revenue If during the indemnity period services shall be rendered or accommodation andfood and drink shall be supplied elsewherethan at the premises for the benefit of the business either by you or by others on your behalf the money paid or payable in respect of such services shall be broughtinto account in arriving at the revenueduring the indemnity period


Rent receivable If during the indemnity period thebusiness shall be conducted elsewherethan at the premises the money paid orpayable to you in respect of rent at suchother premises shall be brought intoaccount in arriving at the rent receivableduring the indemnity period

Uninsured standing charges clause

If any standing charges of the businessare not insured by this section (having beendeducted in arriving at the gross profit)then in computing the amount recoverableas increase in cost of working thatproportion only of any additional expenditureshall be brought into account which thegross profit bears to the sum of the grossprofit and the uninsured standing charges

Professional accountants’ charges

Any particulars or details contained in yourbooks of account or other business booksor documents which may be requested byus under Claims condition 3 for the purposeof investigating or verifying any claim maybe produced by professional accountants ifat the time they are regularly acting as suchfor you and their report shall be prima facieevidence of the particulars and details towhich such report relates

We will pay to you the reasonable chargespayable by you to your professionalaccountants for producing such particularsor details or any other proofs information or evidence as may be required by us underthe terms of Claims condition 3

Provided that the sum of the amountpayable under this clause and the amountotherwise payable under this section shall in no case exceed the sum insured


Payments on account

Payments on account will be made duringthe indemnity period if required

Refund of fees

In the event of you having to refund fees in consequence of the damage such refundshall be taken into account in arriving at the loss of revenue for the purposes of this section

Extensions

The insurance by this section is extended to cover loss as insured hereunder directlyresulting from interruption of or interferencewith the business carried on by you at thepremises in consequence of the following

Prevention of access

Access to or use of the premises beingprevented or hindered by (a) damage to neighbouring property

by any of the insured events(b) any action of Government Police or

Local Authority due to an emergencywhich could endanger human life orneighbouring property

(c) unlawful occupation of the premisesby third parties other than in the course of a dispute between any employer andany employee or group of employees

Excluding (i) any restriction of use of less than

four hours (ii) any period when access to

the premises was not prevented or hindered

(iii) closure or restriction in the use of the premises due to the order or advice of the competent local authority as a result of an occurrence of an infectious disease (or the discovery of an organism resulting in or likely to result in the occurrence of an infectious disease) foodpoisoning defective drains or other sanitary arrangements or vermin or pests

1

Provided that our liability in respect of anyone occurrence shall not exceed £25,000in respect of (c) and the sum insured by the items or any limit of liability shown inthe schedule in respect of (a) or (b)

Utilities

Damage by any of the insured eventsat any (a) generating station or sub-station of

the electricity supply undertaking (b) land-based premises of the gas supply

undertaking or of any natural gasproducer linked directly therewith

(c) water works or pumping station of the water supply undertaking

(d) land-based premises of thetelecommunications undertaking

from which you obtain electricity gas wateror telecommunications services

Provided that our liability under thisextension in respect of any one occurrenceshall not exceed the sum insured by the items or any limit of liability shown in the schedule

Specified disease murderfood poisoning defectivesanitation vermin

(a) any occurrence of a specifieddisease at the premises or within aradius of 25 miles of the premises

(b) any discovery of an organism at thepremises resulting in or likely to resultin the occurrence of a specifieddisease

(c) any injury or illness sustained by anyperson arising from or traceable toforeign or injurious matter in food ordrink provided at the premises

(d) any accident causing defects in drainsor other sanitary arrangements at thepremises

(e) any discovery of vermin or pests at thepremises

which causes restrictions in the use of thepremises on the order or advice of thecompetent local authority

2

3


(f) murder rape or suicide at thepremises

Definitions specific to thisextension

Specified diseasemeans Acute encephalitisAcute poliomyelitisAnthraxCholeraDiphtheriaDysenteryLegionellosisLegionnaires’ diseaseLeprosyLeptospirosisMalariaMeaslesMeningitisMeningococcalsepticaemia (withoutmeningitis)MumpsOphthalmia neonatorumParatyphoid feverPlagueRabiesRelapsing feverRubellaScarlet feverSmallpoxTetanusTuberculosisTyphoid feverTyphus feverViral haemorrhagic feverViral hepatitisWhooping coughYellow fever

Special conditions applicable tothis extension

(i) We shall not be liable under thisextension for any costs incurred in thecleaning repair replacement recall orchecking of property

(ii) We shall only be liable for the lossarising at those premises which aredirectly affected by the occurrencediscovery or accidentIn the event that the policy includes anextension which deems damage atother locations to be damage at thepremises such extension shall notapply to this extension

(iii) Indemnity period shall mean theperiod during which the results of thebusiness shall be affected inconsequence of the occurrencediscovery or accident beginning withthe date from which the restrictions onthe premises are applied (or in thecase of f) above with the date ofoccurrence) and ending not later thantwelve months thereafter

(iv) Provided that our liability under thisextension in respect of any oneoccurrence discovery or accident shallnot exceed the lesser of £250,000 or25% of a) the sum insured by theitems or b) the limit of our liability bythe items if the declaration- linkedbasis applies


Exhibition expenses

The insurance by this section extends toinclude the irrecoverable expenses of theInsured in respect of any trade exhibitionsin the geographical limits followingdamage by the insured events occurring (a) at the exhibition venue (b) to your property for use in connection

with the exhibition whilst at yourpremises or whilst in transit by road rail or inland waterway

Subject to the following provisions (i) in the event of the exhibition not being

held (or you being unable to exhibit at all) in consequence of the damagethe amount payable shall be limited tothe irrecoverable expenses that youhave paid or are liable to pay in respectof the exhibition

(ii) if the exhibition does not run (or youare unable to exhibit) for the intendedperiod in consequence of the damagethe amount payable shall be the losscomputed in accordance with provision(i) above adjusted for the period thatyou could not exhibit

Our liability shall in no case exceed£10,000 any one indemnity period

Definition specific to extension 4

Expenses means(a) costs incurred in advertising printing

stationery and production of displaymaterials and the like for the exhibition

(b) insurance premiums (c) charges for telephone and space at

the exhibition the hire of stands andwages on stands

(d) the cost of installing exhibits andtransport charges

4 Death of students

The accidental death of two or morestudents from a single violent external and visible injury which shall solely andindependently of any other cause result in death during the period of insurance

The amount payable shall be calculatedfrom the date of death at the rate of one eightieth of the net term’s fees foreach uncompleted day of the academicterm(s) which the students but for such deaths would have completed

For the purpose of this extension themaximum indemnity period is 60 months

Book debts

If following damage to your books ofaccount or other business books or recordsat the premises by any of the eventsinsured by this section you are unable totrace outstanding debit balances owed to you we will indemnify you for such loss in the following terms(a) We will pay the difference between

the total outstanding debit balancesand the total of the amounts receivedor traced in respect of such balances

(b) We will pay for the additionalexpenditure incurred with our previousconsent in tracing and establishingcustomers’ debit balances after the damage

(c) We will pay for reasonable professionalaccountants’ charges necessarilyincurred in providing any evidencerequired by us in support of a claim

Excluding loss arising from misfiling erasuredistortion deliberate falsification of businessrecords abnormal condition of trade or from bad debts

The most we will pay under this extensionis £50,000 any one period of insurance

5

6


Special condition applicable to extension 6

It is a condition precedent to liability underthis extension that you keep a record of the total amount outstanding in customers’accounts as at the end of each month andwithin 30 days of the end of each monthdeposit this record in a building other thanthat in which the original records are kept

Suspension costs

The indemnity by this section is extended tocover the cost of wages paid to temporaryemployees hired solely to replace members ofstaff who have been suspended in accordancewith OFSTED regulations (or the regulations ofany other registered authority) as a directconsequence of an accusation of child abuse


Suppliers extension

Damage by any of the insured events atthe site of any of your suppliers withinthe geographical limits (but excludingthe premises of any supply undertakingfrom which you obtain electricity gas orwater or telecommunications services)

Limit £10,000 any one incident

Bomb scare

Any bomb scare at or in the vicinity of the premises


Failure of supply

Failure of the supply of electricity gas or waterat the terminal ends of the supplyundertaking’sfeeder at the premises from any cause otherthan the deliberate act of the supplyundertaking in withholding or restricting supply


7

8

9

10

Failure of telecommunication services

Failure of the telecommunication services at the premises following actual physicaldamage of or to telecommunications propertyanywhere in the geographical limits


Reinstatement of data

We will pay the costs you incur inreinstating data that is lost or damaged as aconsequence of (i) damage to computer equipment at

your premises or(ii) loss or destruction of computer

equipment that is insured by theProperty damage plus section

Providing that(a) our liability is limited solely to the cost of

reinstating data to any form of electronicmagnetic and optical tapes and discs foruse in any electronic computer orelectronic data processing equipment

(b) We shall not be liable for any lossesdiscovered later than 180 days after theloss occurred

(c) We shall not be liable for loss or damageto software

(d) We shall not be liable under thisextension for costs more specificallydescribed under extension 13Computers – Increased cost of working

(e) you comply with the Back-up recordsSpecial condition

Special condition - back-up records

You shall maintain a minimum of 2 generationsof verified back-up computer records taken atintervals no less frequently than 48 hours onecopy as a minimum being held off site andtake all reasonable precautions to store andmaintain records in accordance with themakers recommendations


11

12


premium paid on each sum insured forsuch period of insurance will be madein respect of the differenceIf any damage shall have occurredgiving rise to a claim under this sectionsuch return shall be made in respectonly of so much of the said differenceas is not due to such damage

(b) Declaration-linked basisThe first and annual premiums areprovisional and are based on theestimated gross profit or estimatedrevenue or estimated rent receivableYou shall furnish to us not later than sixmonths after the expiry of each periodof insurance a declaration confirmed byyour auditors of the gross profit orrevenue or rent receivable earnedduring the financial year most nearlyconcurrent with the period of insuranceIf any damage shall have occurredgiving rise to a claim for loss of grossprofit or revenue or rent receivablethe above-mentioned declaration shallbe increased by us for the purpose ofpremium adjustment by the amount bywhich the gross profit or revenue orrent receivable was reduced duringthe financial year solely in consequenceof the damageIf the declaration (adjusted as providedabove and proportionately increasedwhere the maximum indemnity periodexceeds 12 months)(i) is less than the estimated gross

profit or estimated revenue orestimated rent receivable for therelative period of insurance we willallow a pro rata return of premiumpaid on the estimated gross profitor estimated revenue or estimatedrent receivable but not exceeding50% of such premium

(ii) is greater than the estimatedgross profit or estimated revenueor estimated rent receivable forthe relative period of insurance youshall pay a pro rata addition to thepremium paid on the estimatedgross profit or estimated revenueor estimated rent receiv

Computers – Increasedcost of working

We will pay costs necessarily and reasonablyincurred by you for the sole purpose ofavoiding or diminishing interruption orinterference to your computer operations asa consequence of damage to computerequipment at your premises


Memorandum

Index-linking

The sum insured for each item insured (butnot extension limits) under this section otherthan rent receivable and additional cost ofworking items shall be adjusted in accordancewith a suitable index selected by us

The annual renewal premium will beamended accordingly

Special conditions

Renewal clause

Declaration-linked basis You shall prior to each renewal furnish to usthe estimated gross profit or estimatedrevenue or estimated rent receivable forthe financial year most nearly concurrentwith the ensuing year of insurance

Premium adjustment clause

(a) Sum i nsured basisIf the gross profit or revenue or rent receivable earned (whicheveris applicable) (or a proportionatelyincreased multiple of it where themaximum indemnity period exceeds12 months) during the financial yearof 12 months most nearly concurrentwith any period of insurance ascertified by your auditors is less thanthe sum insured a pro rata return ofpremium not exceeding 50% of the

13

1

2



Definitions



Authorised volunteers means voluntary workers acting under yourauthority whilst engaged in your business

Bodily injury means bodily injury death disease or illness

Business means that which has been described inthe schedule and which is conducted solely from premises in the geographical limits including (a) the provision by you at the premises

of pre-school childcare facilities out of school clubs and holiday schemes

(b) the ownership letting repair andmaintenance of your property and premises

(c) the provision of school clubs andsocieties catering social sports and welfare facilities for students employed persons and visitors

(d) the provision of fire and securityservices maintained only for theprotection of premises owned or in connection with premisesoccupied by you

(e) private work undertaken by anemployed person with your priorconsent for a director governor trustee officer committee member or employee of yours

(f) participation in trade shows orexhibitions within the European Union

but this does not include any workundertaken offshore

Employed person means (a) any employee(b) any person supplied to or hired or

borrowed by you or on your behalf orany work experience student or youthtraining scheme participant while underyour direct control and supervision

(c) governors

Employee(s) means any person under a contract ofservice or apprenticeship with you andauthorised volunteers

Event(s) means any one occurrence or series ofoccurrences arising from or attributable toone source or original cause

Governor(s) includes members of the governing body orsubcommittee and/or any charitable Trustees

Injury means bodily injury wrongful arrest or false imprisonment

Legal costs means (a) claimant’s costs and expenses

recoverable from you in respect of any claim which is the subject matterof indemnity under this policy

(b) (i) the costs of legal representation at (1) any coroner’s inquest or inquiry

in respect of any death (2) proceedings in any court arising

out of any alleged breach ofstatutory duty which may be thesubject of indemnity under thissection of the policy

(ii) all other costs and expenses inrelation to any matter which mayform the subject of a claim forindemnity under this section of the policy

incurred with our prior written consent

Liabilities 5


Offshore means embarkation onto a vessel or aircraftfor conveyance to an offshore rig platform or service or accommodation vessel untildisembarkation from the conveyance ontoland upon return from such offshore rigplatform or service or accommodation vessel

Pollution or contamination means injury or damage directly or indirectlycaused by or arising out of pollution orcontamination of buildings or other structuresor of water land or the atmosphere

Principal means any party (other than a directorgovernor trustee officer committee memberor employee of yours) on whose behalf you are undertaking work (excluding thesale or supply of products) in connectionwith the business

Products means goods (including containers andpackaging) not in your custody or controlsold supplied installed erected servicedrepaired altered or treated by you inconnection with the business from anypremises within the geographical limits

Any error in the sale supply or presentationof such goods is included in this definition

Property means material property but this does not include data

You/your/yours means the Insured named in the schedule

Unless we specifically state otherwise wewill also indemnify (a) your personal representatives in respect

of legal liability incurred by you(b) at your request

(i) any principal(ii) any director governor trustee

officer committee member oremployed person of yours

in respect of liability for which youwould have been entitled to indemnityhad the claim been made against you

(iii) any employee but not medical or dental practitioners in respect of treatment administered or thefailure to administer treatment or professional negligence ormalpractice of any nature whatsoever(the nurse or matron is not deemeda medical or dental practitioner)

(iv) any of your students or their legalpersonal representatives

(c) any officer or member of your canteensocial sports and welfare facilities andfire first aid ambulance and securityservices in their individual capacities as such

(d) any director trustee partner or employeeof yours in respect of private workcarried out with your prior consent by an employed person for such directortrustee partner or employee

(e) your Parent Teacher Association and Friends


Cover 1 – Employers’ liability

This insurance is provided on a ‘CostsInclusive’ basis

This means that legal costs are includedwithin the limit of indemnity specified in the schedule

Cover

We will indemnify you against your legalliability to pay damages and legal costsarising out of bodily injury to an employedperson caused during the period of insurance (a) within the geographical limits or (b) while temporarily outside these

territories in connection with the business

The total amount we will pay in respect of (a) any one event which is directly or

indirectly caused by results from or isin connection with any act of terrorismshall not exceed £5,000,000 If we allege the bodily injury hasresulted from terrorism the burden ofproving the contrary shall be upon you

(b) any other event shall not exceed thelimit of indemnity shown in the schedule

This insurance complies with the provisionsof any law enacted in the geographicallimits relating to the compulsory insuranceof liability to employees

You will repay any sums paid by us whichwe would not have been obliged to pay butfor the provisions of such law

Exclusion

No indemnity will be provided in respect of any liability in respect of bodily injury forwhich you are required to arrange motorinsurance or security in accordance withany road traffic legislation within theEuropean Union

Extensions

Each of the following is subject to theterms of the policy

Unsatisfied court judgements

Where a judgement for damages has been obtained (a) by one of your employees or their

personal representatives in respect ofbodily injury caused during any period of insurance and whicharises out of and in the course of theiremployment with you

(b) in any court situated within thegeographical limits

(c) against any company or individualoperating from premises within thegeographical limits

(d) which remains unsatisfied in whole or in part six months after the date of judgement

we will at your request pay to the employeeor their personal representatives the amountof damages and any awarded costs whichremain unsatisfied subject to there being noappeal outstanding

Any payment under this extension isconditional upon the judgement beingassigned to us by the employee or their personal representatives

Compensation for court attendance

If we request any of the followingcategories of people to attend court as awitness in connection with a claim underthis policy we will provide you with thefollowing rates of compensation for eachday on which attendance is required

Any of your directors governors trusteesofficers or committee members £500

Any employee £250

1

2


Cover 2 – Public and products liability

This insurance is provided on a ‘Costs inAddition’ basis

This means that (with the exception ofclaims which are brought within the legaljurisdiction of the United States of Americaor Canada) legal costs are payable inaddition to the limit of indemnity specifiedin the schedule

Cover

We will indemnify you against your legalliability to pay damages arising out of (a) accidental injury of any person (b) accidental damage to property(c) nuisance trespass to land trespass

to goods or interference with anyeasement of air light water or way We will not provide indemnity inrespect of any liability which arisesfrom any deliberate act or omission by you which could reasonably havebeen expected having regard to thenature and circumstances of such act or omission or which is a naturalconsequence of the ordinary conductof your business

happening during the period of insuranceand caused either in connection with thebusiness or by products

We will in addition indemnify you againstlegal costs other than in respect of anyclaim which is brought within the legaljurisdiction of the United States of Americaor Canada in which circumstances legalcosts shall be included within the limit of indemnity

The total amount we will pay in respect of damages for (a) any one event(b) all events happening during any period

of insurance caused by products(c) all events arising from pollution or

contamination which we deem to have occurred during any period of insurance

shall not exceed the limit of indemnityshown in the schedule

Where we are liable to indemnify more thanone person the total amount of indemnity to all parties including you in respect ofdamages arising from one event shall notexceed the limit of indemnity shown in the schedule

Exclusions

No indemnity will be provided in respect of (1) any liability connected directly or

indirectly in any way with any error oromission in the provision ofprofessional services

(2) any liability arising from bodily injuryto any employed person caused inconnection with the business

(3) any liability arising from damage toproperty which is owned or held in trust by you or which is in yourcustody or control Exclusion 3 will not apply in respect of (a) personal effects including vehicles

and their contents belonging to directors governors trusteesofficers committee membersemployees or visitors

(b) premises and their contents notowned by leased or rented by youat which you are undertaking workin connection with the business


(c) premises including fixtures andfittings hired by or leased rented orborrowed by you but we shall notbe liable for (i) the first £100 of any damage

other than caused by fire or explosion

(ii) liability arising solely under the terms of any contractor agreement

(iii) any liability which arises from anagreement to maintain in forceinsurance against loss of ordamage to the premises andtheir fixtures and fittings

(4) any liability arising from ownershippossession or use by you or on yourbehalf of (a) any mechanically propelled vehicle

but (except where indemnity isprovided by any motor insurancepolicy or in circumstances whereinsurance or security is requiredunder any road traffic legislation)this exclusion will not apply inrespect of (i) the use of plant as a tool

of trade on site (ii) the use of plant at your premises(iii) the loading or unloading

of any vehicle (iv) the movement of any vehicle

not belonging to you which isinterfering with the execution of the business

(b) any craft designed to travel in on orthrough water air or space but thisexclusion shall not apply to sailingvessels less than nine metres inlength or manually propelled craftor powered watercraft less thannine metres in length overall anddesigned to produce a maximumspeed of less than 30 knots whilstoperated on inland waterways orwithin three miles of the coast

(5) any liability arising directly or indirectlyfrom pollution or contaminationunless the pollution or contaminationis caused by a sudden identifiableunintended and unexpected incidentwhich takes place in its entirety at aspecific moment in time and placeduring the period of insurance For the purposes of this exclusion allpollution or contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

(6) any liability arising from advice designor specification provided for a fee or for which a fee would normally be charged

(7) damage to or the costs of recallremoval repair alteration replacementor reinstatement of any productsupplied or contract work executed by you which is caused by (a) a defect (b) its unsuitability for its

intended purpose (8) any liability arising from any contract

in respect of products supplied orcontract work executed by you unlessliability would have attached in theabsence of that contract

(9) the costs of remedying any defect oralleged defect in premises which youhave disposed of

(10) (a) fines or penalties (b) liquidated damages (c) any compensation awarded by a

court of criminal jurisdiction (d) multiplied aggravated exemplary

or punitive damages (11) any liability arising from

(a) the use by you or on your behalf ofany premises situated in the UnitedStates of America or Canada

(b) products sold or supplied on yourbehalf from any premises situatedin the United States of America or Canada


(c) products exported by you or onyour behalf to the United States ofAmerica or Canada

(12) any liability arising from (a) products incorporated in any

craft designed to travel through airor space

(b) products incorporated in anywaterborne craft which could affectits safety navigation or propulsion

(c) products incorporated inmechanically propelled vehicleswhich could affect their safety

(d) products incorporated in gaschemical petrochemical or powergeneration plant which is directlyconnected to manufactureprocessing storage orpower generation

and which have been specificallysupplied by you for that purpose

(13) any liability arising directly or indirectlyfrom mining processing manufacturingremoving handling disposing oftreatment of distributing or storing of asbestosHowever this shall not apply whereremoving handling or disposing ofasbestos does not form part of yourusual business or any contractwork undertaken and (a) you have complied with any legal

obligations to manage asbestos and(b) any discovery of asbestos by you

is unintentional and accidental and (c) where upon discovery of asbestos

all work immediately stops and (d) a HSE licensed asbestos removal

contractor is employed to makesafe the area in which the discoveryis made as soon as is practicableand who has Employers’ and PublicLiability insurance in force whichprovides limits of indemnity no lessthan those provided by yourpolicies and which do not excludethe work to be carried out

(14) any liability arising directly or indirectlyfrom fears of the consequences ofexposure to or inhalation of asbestos

(15) any liability arising from the supervisionor execution of any manual work orcontract undertaken outside of theEuropean Union

(16) any liability arising from damage toproperty where there is a requirementto arrange cover under clause 6.5 ofthe 2007 JCT conditions or any similarcontract clause


Extensions

Each of the following is subject otherwiseto the terms of this policy

Cross liabilities

If you consist of more than one party (and in the case of partnerships this shallmean each individual partner) we willindemnify each party in the terms of thispolicy against liability incurred to the otherin the same manner and to the same extentas if a separate policy had been issued to each subject to the maximum amountpayable in respect of damages arising out of one event not exceeding the limit of indemnity

Compensation forcourt attendance

If we request any of the following categoriesof people to attend court as a witness in connection with a claim under this policywe will provide you with the following rates of compensation for each day on whichattendance is required

Any of your directors governors trusteesofficers or committee members £500

Any employee £250

Contingent motor liability

Notwithstanding exclusion 4 regardingvehicles we will indemnify you alone in respect of legal liability for injury ordamage arising out of the use by anyemployee in the course of the businessof any mechanically propelled vehicle whichis neither owned by nor provided by you

1

2

3

We will not provide an indemnity in respect of (a) damage to such vehicle or any

property contained or beingtransported within it

(b) injury or damage arising while thevehicle is being driven by you or anyperson who to your knowledge doesnot hold a licence to drive such avehicle (unless they have held and are not disqualified for holding orobtaining such a licence)

(c) circumstances where you are entitledto indemnity under any other insurance

(d) injury or damage arising outside the geographical limits

Data Protection Act 1998

We will indemnify you against legal liabilityto pay damages and claimant’s costs and expenses for damage or distress as described in Section 13 of the DataProtection Act 1998

The indemnity is subject to you beingregistered in accordance with the Act orhaving applied for such registration whichhas not been refused or withdrawn and that you have taken all reasonable care tocomply with its requirements

We will not provide any indemnity in respect of (a) the payment of fines or penalties (b) the costs of replacing reinstating

rectifying erasing blocking ordestroying any personal data

(c) liability arising from or caused by a deliberate or intentional act by or omission of any person entitled to indemnity

(d) claims arising out of circumstanceswhich have been notified to previousinsurers or which were known to you at the inception of this extension

(e) legal liability where indemnity is provided by any other insurance

4


Defective Premises Act

We will indemnify you against legal liabilityincurred by virtue of Section 3 of theDefective Premises Act 1972 or Section 5of the Defective Premises (NorthernIreland) Order 1975 in respect of injury ordamage which occurs within a period ofseven years from the expiry or cancellationof this policy

No indemnity will be provided (a) if you are entitled to indemnity under

any other insurance (b) in respect of the cost of remedying

any defect or alleged defect in thepremises disposed of

Reimbursement of additional motor insurance costs

In the event of any accident involving theuse of a private car belonging to one ofyour directors governors trustees officerscommittee members or employees whilstbeing used for your business we will at your request indemnify such person in respect of (a) the monetary value of the no

claim bonus or discount thatthey have forfeited Limit £1,000 any one loss

(b) the monetary value of the premiumloading imposed by their insurers Limit £500 any one loss

Member to member liability

The indemnity extends to include the legalliability of any one member of a school club or society to any other member arisingin the course of school activities other than any form of armed or unarmed combator any activity involving the use of firearmsprovided always that such person

5

6

7

(a) is not entitled to indemnity under any other policy

(b) shall as though they were the Insuredobserve fulfil and be subject to all the terms of this section as far as they can apply

Libel and slander

We will indemnify you against liabilityincurred by you arising from or caused by the publication or utterance by youor on your behalf of a libel or slander

Provided that (a) a claim is first made against you

during the period of insurance (b) this extension shall not apply in

respect of (i) claims which arise out of

circumstances notified to previousinsurers or known to the Insuredat inception of this extension

(ii) publications or utterances made at the direction of any party entitledto indemnity by this section withthe knowledge of the libellousorslanderous effect thereof

(iii) claims brought outside thegeographical limits

(c) for the purposes of this extension the limit of indemnity is £100,000 any one event

Overseas personal liability

We will provide indemnity to youand if you so request any director governortrustee officer committee member oremployee against legal liability incurred in a personal capacity while temporarilyoutside the geographical limits inconnection with the business

The indemnity will not apply(1) to legal liability arising out of the

ownership or occupation of landor buildings

(2) where indemnity is provided byany other insurance

8

9


Liability section extensions

If in force the covers of this sectionare extended for the following andare subject to terms conditions andexclusions of the relevant cover

Corporate manslaughter defence costs

We will indemnify you in respect of legalcosts and expenses incurred with our priorwritten consent in connection with thedefence of any criminal proceedings or anappeal against conviction which arise fromcriminal proceedings for any offence asdefined in Section 1 of the CorporateManslaughter and Corporate Homicide Act2007 committed or alleged to have beencommitted during the period of insurance inthe course of the business

Provided that(a) our liability under this extension shall

not exceed £1,000,000 in any oneperiod of insuranceThis limit will form part of and not be inaddition to the limit of indemnity statedin the schedule

(b) if this policy provides Legal expensesinsurance this extension shall onlyoperate in respect of any excessbeyond the amount payable under theLegal expenses section

(c) where we have already provided anindemnity in respect of any legal costsincurred in the defence of any criminalproceedings arising out of the sameevent which has given rise to theproceedings in respect of corporatemanslaughter or corporate homicideany amount already paid by us will betaken into account in calculating ourliability under this extension

(d) we must consent in writing to theappointment of any solicitor or counselwho is to act for and on your behalf

(e) you shall notify us immediately aboutany summons or other process servedupon you which may give rise to aclaim under this extension

(f) any appeal can only commence ifcounsel has advised that it is morelikely for an appeal to be successfulthan not

No indemnity will be provided(i) where indemnity for defence costs is

available from any other source or isprovided by any other insurance orwhere but for the existence of thisextension indemnity would have beenprovided by such other source orinsurance However this exclusion shall not applyin the circumstances outlined in proviso (b)

(ii) in respect of any proceedings whichresult from any deliberate act oromission of the insured or anypartners directors or managerialemployees of the insured while actingin their corporate capacity and whichcould reasonably have been expectedhaving regard to the nature andcircumstances of such act or omission

(iii) in respect of fines or penalties of anykind including the costs of remedial orpublicity orders or the steps required tobe taken by such orders

Prosecution defence costs

We will subject to the limit of indemnityindemnify you in respect of (a) legal costs and expenses incurred

with our written consent (b) costs awarded against youin connection with the defence of anycriminal proceedings or an appeal against a conviction arising from suchproceedings brought for a breach of (i) the Health & Safety at Work etc.

Act 1974 (ii) Part II of the Consumer Protection

Act 1987 (iii) The Food Safety Act 1990alleged to have been committed duringthe period of insurance in connection withthe business


Exclusions

We will not provide any indemnity (a) where indemnity is provided by any

other insurance (b) in circumstances where injury or

damage has occurred which may bethe subject of a claim under either theemployers' liability or public liabilitycovers of this section

(c) in respect of fines or penalties of any kind

(d) in respect of any costs expenses orreimbursements resulting from anorder made under Section 9 or resultingfrom any Regulation in respect ofcharges under Section 45 of the FoodSafety Act 1990

(e) where the proceeding have resultedfrom any deliberate act or omission by (i) you or any director governor trustee

officer or committee memberof yours

(ii) any employee of yours who hasspecific responsibility for compliancewith the above legislation

which could reasonably have beenexpected to constitute a breachof the above legislation

Limit of Indemnity

The total amount we will pay in respect ofany one claim shall not exceed £500,000


Legal expenses 6

The schedule will show if thissection applies and the coverin force

Note: (not forming part of the policy) to ensure an expert service the cover underthis section has been arranged by us inconjunction with DAS Legal ExpensesInsurance Company Limited (DAS). We areresponsible for paying any claims under this policy but DAS deal with any claimsmatters and correspondence on our behalfin respect of this section.

Send your claim to:

DAS Legal Expenses Insurance Company Limited DAS House, Quay Side, Temple Back, Bristol BS1 6NH

Tel: 0117 934 2104

When presenting a claim for legal expenses,the insured person must inform DAS assoon as possible and within the time limitsstipulated under the individual covers andgeneral exclusions to this section, giving fulldetails in writing of the insured event andprovide such proofs, supporting evidenceand other information as DAS may require.

Definitions



Appointed representative means the lawyer or accountant or othersuitably qualified person who has beenappointed to act for an insured person inaccordance with the terms of this section

Aspect enquiry /enquiries means an examination by HM Revenue & Customs which considers one or morespecific aspects of the Insured’s self-assessment and/or corporation tax return

Costs and expenses means (1) Legal costs

All reasonable and necessary costschargeable by the appointedrepresentative on a standard basis Also the costs incurred by opponentsin civil cases if an insured personhas been ordered to pay them or paysthem with the agreement of DAS

(2) Accountants costs A reasonable amount in respect of all costs reasonably incurred by theappointed representative

(3) Attendance expenses The insured person’s salary or wagesfor the time that the insured person isoff work to attend any arbitration courtor tribunal hearing at the request of the appointed representative or as adefendant or while attending jury service We will pay for each half or whole daythat the court tribunal or the insuredperson’s employer will not pay for The amount we will pay is based onthe following (a) The time the insured person is

off work including the time it takes to travel to and from the hearingThis will be calculated to thenearest half day assuming that a whole day is eight hours

(b) If the insured person works full-time the salary or wages for eachwhole day equals 1/250th of the insured person’s yearly salary or wages

(c) If the insured person works part-time the salary or wages will be aproportion of the insured person’sweekly salary or wages


DAS means DAS Legal Expenses InsuranceCompany Limited

Date of occurrence means (1) For civil cases (other than under

insured event 7 – Tax Protection)when the cause of action first accrued

(2) For criminal cases when the insuredperson commenced or is alleged to have commenced to violate thecriminal law in question

(3) For licence or registration appeals whenthe Insured first became aware of theproposal by the relevant licensing orregulatory authority to suspend alter theterms of refuse to renew or cancel theInsured’s licence or British StandardCertificate of Registration

(4) For full enquiries or aspect enquirieswhen HM Revenue & Customs first notifies in writing the intention to make enquiries

(5) For Employers Compliance and ValueAdded Tax disputes when the relevantauthority sends an assessment orwritten decision to the Insured

Full enquiry /enquiries means an extensive examination by HMRevenue & Customs which considers allaspects of the Insured’s tax affairsexcluding those enquiries which are limitedto one or more specific aspects of theInsured’s self assessment tax return

Insured event(s) means the circumstances in which theinsurance provided by this section willoperate as described in each separate cover

Insured person means the Insured and the directorsofficers employees committee membersand the governors and trustees of thebusiness and any other individualsdeclared to us by the Insured

Limit of indemnity means the sum shown in the schedulewhich is the most we will pay for all claimsresulting from one or more events arising at the same time or from the sameoriginating cause

Period of insurance means the period for which we have agreedto cover the insured person and for whichthe premium has been paid

Territorial limit means For insured event 2 – Legal Defence(excluding 2(6)) and insured event 6(b) – Bodily Injury The European Union the Isle of Man theChannel Islands Albania Andorra BosniaHerzegovina Croatia Gibraltar IcelandLiechtenstein Macedonia MonacoMontenegro Norway San Marino SerbiaSwitzerland and Turkey (West ofthe Bosphorus) For all other insured events The United Kingdom of Great Britain and Northern Ireland the Isle of Man andthe Channel Islands

The Insured As shown in the policy schedule


Cover

We will indemnify the insured personin respect of any insured event shown as included in the schedule arising inconnection with the business as long as (a) the date of occurrence of the

insured event happens during theperiod of insurance and within theterritorial limit and

(b) any legal proceedings will be dealt with by a court or other body which DASagree to in the territorial limit and

(c) in civil claims it is always more likelythan not that an insured person willrecover damages (or obtain any otherlegal remedy which DAS have agreedto) or make a successful defence

For all insured events DAS will help inappealing or defending an appeal as longas the insured person tells DAS within the time limits allowed that they want DASto appeal

Before we pay any costs and expenses forappeals DAS must agree that it is alwaysmore likely than not that the appeal will be successful

If an appointed representative is used we will pay the costs and expensesincurred for this

We will pay compensation awards that DAS have agreed to

The most we will pay for all claims resultingfrom one or more event arising at the sametime or from the same originating cause is shown as the limit of indemnity in thepolicy schedule

Insured events

Employment disputes compensation awards & service occupancy

(a) Employment disputes

DAS will(1) defend the Insured’s legal rights prior

to the issue of legal proceedings in acourt or tribunal following the dismissalof an employee or

(2) defend the Insured’s legal rights in the resolution of any unfair dismissaldispute under the ACAS ArbitrationScheme or

(3) defend the Insured’s legal rights in legal proceedings in respect of any dispute with an employee or ex-employee or a trade union acting onbehalf of an employee or ex-employeewhich arises out of or relates to a contract of employment with theInsured or

(4) defend the Insured’s legal rights inlegal proceedings in respect of anydispute with an employee ex-employeeor prospective employee arising froman alleged breach of their statutoryrights under employment legislation

Exclusions(i) Any employment dispute where the

cause of action arises within the first90 days of the indemnity provided by this section

(ii) Any dispute with an employee who was subject to a written or oral warning(formal or informal) within 180 daysimmediately preceding the inceptiondate of the indemnity provided by thissection if the date of occurrencewas within the first 180 days of theindemnity provided by this section

1


(iii) Any redundancy or alleged redundancyor unfair selection for redundancyarising within the first 180 days of theindemnity provided by this section

(iv) Any claim in respect of damages forpersonal injury or loss of or damageto property

(v) Any claim arising from or relating to any transfer of business which fallswithin the scope of the Transfer ofUndertakings (Protection ofEmployment) Regulations 2006 or the Transfer of Employment (PensionProtection) Regulations 2005

(b) Compensation awards

We will pay (i) any basic and compensatory award

and/or (ii) an order for compensation following

a breach of the Insured’s statutoryduties under employment legislation

in respect of a claim DAS have acceptedunder Insured event 1(a)

Provided that (1) In cases relating to performance and/or

conduct the Insured has throughoutthe employment dispute either (a) followed the ACAS Code of

Disciplinary Practice and Proceduresin Employment as prepared by theAdvisory Conciliation and ArbitrationService or

(b) followed equivalent codes of practiceissued by the Labour RelationsAgency in Northern Ireland or

(c) sought and followed advice fromDAS Legal Advice Service

(2) For an order of compensation followingthe Insured’s breach of statutory duty under employment legislation theInsured has at all times sought andfollowed the advice given by DASLegal Advice Service since the datewhen the Insured should have knownabout the employment dispute

(3) For any compensation award forredundancy or alleged redundancy orunfair selection for redundancy theInsured has sought and followed theadvice given by DAS Claims Departmentprior to serving notice of redundancy

(4) The compensation is awarded by atribunal or through the ACASArbitration Scheme under a judgementmade after full argument andotherwise than by consent or default or is payable under settlementapproved in writing in advance by DAS

(5) The total of the compensation awards payable by us shall not exceed £1,000,000 in any one period of insurance

Exclusions(i) Any compensation award relating to

the following (a) Trade union activities trade union

membership or non-membership (b) Pregnancy or maternity or

paternity rights (c) Health & Safety related dismissals

brought under section 44 of theEmployment Rights Act 1996

(d) Statutory rights in relation to trustees of occupational pension schemes

(e) Statutory rights in relation toSunday shop and betting work

(ii) Non-payment of money due under the relevant contract of employment or statutory provision relating thereto

(iii) Any award ordered as a result of abreach of statutory rights in relation to the provision of relevant records to employees under the NationalMinimum Wage Act 1998

(iv) Any compensation award or increasein compensation award ordered by a tribunal for failure to comply with arecommendation it has made includingnon-compliance with a reinstatementor re-engagement order


(c) Service occupancy

DAS will negotiate for the Insured’s legalrights against an employee or ex-employeeto recover possession of premises ownedby the Insured or for which the Insuredis responsible

ExclusionAny claim relating to defending theInsured’s legal rights other than defending a counter-claim

Legal defence

At the Insured’s request

1 DAS will defend the insured person’slegal rights (a) prior to the issue of legal

proceedings when dealing with the – Police – Health & Safety Executivesand/or Local Authority Health &Safety Enforcement Officer

where it is alleged that the insuredperson has or may have committeda criminal offence or

(b) following an event which leads tothe insured person beingprosecuted in a court of criminaljurisdiction or

(c) if civil action is taken against theinsured person for compensationunder Section 13 of the DataProtection Act 1998 We will also pay any compensation award made against the insuredperson under Section 13 of theData Protection Act 1998

2 DAS will defend the Insured’s legalrights following civil action takenagainst the Insured for wrongful arrestin respect of an accusation of theftalleged to have been carried out during the period of insurance

2

3 DAS will defend the insured person’s(other than the Insured) legal rights if (a) an event arising from their work as

an employee leads to a civil actionbeing taken against them underlegislation for unlawful discriminationon the grounds of sex sexualorientation race disability agereligious belief or political opinion or

(b) civil action is taken against themas a trustee of a pension fundset up for the benefit of theInsured’s employees

4 DAS will defend the Insured’slegal rights in respect of any disputebetween you and your residents or ex-residents students or ex-students or the legal representatives or theparents or guardians of your residentsor ex-residents students or ex-studentsarising from permanent exclusion of such residents or ex-residents orstudents or ex-students by you

5 DAS will defend the Insured’slegal rights: (a) at an Appeals Committee hearing

set up by virtue of Paragraph 7(Indemnity) of Schedule 24 of theSchools Standards and FrameworkAct 1998 provided that such an Appeals Committee is held inaccordance with the Code ofPractice issued by the relevantlocal authority

(b) at an appeal against the judgementof a relevant Appeals Committee

6 DAS will represent an insured person at an appeal arranged under section 21 Chapter 10 of the SpecialEducational Needs and Disability Act 2001

7 DAS will represent the insuredperson in appealing against theimposition or terms of any StatutoryNotice issued under legislationaffecting the Insured’s business


8 DAS will represent the Insured inappealing against the refusal of theInformation Commissioner to register the Insured’s application for registration

9 We will pay the attendance expensesof an insured person for jury service

Provided that (i) In so far as proceedings under the

Health & Safety at Work etc. Act 1974 are concerned the territoriallimit shall be any place where the Act applies

(ii) At the time of the insured event theInsured has registered with theInformation Commissioner in respectof (1)(c) above

Exclusion

Any claim which leads to the insuredperson being prosecuted for infringementof road traffic laws or regulations inconnection with the ownership driving oruse of a motor vehicle

Statutory licence protection

DAS will represent the Insured inappealing to the relevant statutory orregulatory authority court or tribunalfollowing an event which results in therelevant licensing or regulatory authoritysuspending or altering the terms of orrefusing to renew or cancelling theInsured’s licence or British StandardCertificate of Registration

Exclusions

(i) An original application or application forrenewal of a statutory licence or BritishStandard Certificate of Registration

(ii) Any licence appeal relating tothe ownership driving or use ofa motor vehicle

3

Contract disputes

DAS will negotiate for the Insured’s legalrights in a contractual dispute arising fromthat agreement or that alleged agreementwhich has been entered into by or on behalfof the Insured for the purchase hire sale orprovision of goods or of services

Provided that (1) the amount in dispute exceeds £250

If the amount in dispute exceeds£5,000 the Insured will beresponsible for the first £500 of legal costs in each and every claim

(2) if the amount in dispute is payable ininstalments the instalments due and payable at the time of making the claim exceed £250

(3) if the dispute relates to money owed tothe Insured a claim under this sectionis made within 90 days of the moneybecoming due and payable

Exclusions

(i) Any claim relating to the following (a) The settlement payable under an

insurance policy (b) A lease licence or tenancy of land

or buildings other than a disputewith a professional adviser inconnection with the drafting of alease licence or tenancy agreement

(c) A loan mortgage pension or anyother financial product and chosesin action

(d) A motor vehicle owned by or hired by or leased to the Insured

(ii) A dispute with an employee or ex-employee which arises out of or relates to a contract of employmentwith the Insured

4


(iii) A dispute which arises out of the – sale or provision of computer

hardware software systems or services

– the purchase or hire of computerhardware software systems orservices tailored by a supplier tothe Insured’s own specification

(iv) A dispute arising from a breach oralleged breach of professional duty by an insured person

(v) The recovery of money and interestdue from another party other thandisputes where the other partyintimates that a defence exists

(vi) Any dispute arising from an agreemententered into prior to the inception date of the indemnity provided by this section if the date of occurrenceis within the first 90 days of theindemnity provided by this section

Debt recovery

DAS will negotiate for the Insured’s legalrights including enforcement of judgementto recover money and interest due from the sale or provision of goods or services

Provided that (1) the debt exceeds £250 (2) the Insured has exhausted all credit

control and accounting procedures as declared to DAS

(3) a claim for debt recovery under thissection is made within 90 days of themoney becoming due and payable

(4) DAS has the right to select themethod of enforcement or to foregoenforcing judgement if they are not satisfied that there are or will be sufficient assets available to satisfy judgement

5

Exclusions

(i) The recovery of money and interest due from another party where the otherparty intimates that a defence exists

(ii) Any claim relating to the following (a) The settlement payable under an

insurance policy (b) A lease licence or tenancy of land

or buildings(c) A loan mortgage pension or any

other financial product and chosesin action

(d) A motor vehicle owned by or hired by or leased to the Insured

(iii) A dispute which arises out of thepurchase hire sale or provision ofcomputer hardware software systemsor services

(iv) Any debt arising from an agreemententered into prior to the inception date of the indemnity provided by thissection if the date of occurrenceis within the first 90 days of theindemnity provided by this section


Property protection and bodily injury

(a) Property protection

DAS will negotiate for the Insured’s legalrights in any civil action relating to materialproperty which is owned by or theresponsibility of the Insured following (1) any event which causes or could

cause physical damage to suchmaterial property or

(2) any nuisance or trespass

Exclusions applicable to (a) Any claim relating to the following (i) A contract entered into by the Insured(ii) Goods in transit or goods lent or

hired out (iii) Goods at premises other than those

occupied by the Insured unless thegoods are at such premises for thepurpose of installations or use in work to be carried out by the Insured

(iv) Mining subsidence (v) Defending the Insured’s legal

rights other than in defending acounter-claim

(vi) A motor vehicle owned by or hired orleased to them

(b) Bodily injury

At the Insured’s request DAS will negotiatefor an insured person’s and their familymembers legal rights following an event whichcauses the death of or bodily injury to them

Exclusions applicable to (b) Any claim relating to the following (i) Any illness or bodily injury which

develops gradually or is not caused by a specific or sudden accident

(ii) Defending an insured person’s or their family members’ legal rights otherthan in defending a counter-claim

(iii) A motor vehicle owned by or hired or leased to or used by an insuredperson or their family members

6 Tax protection

(a) Full or aspect enquiries

DAS will negotiate on behalf of the Insured and represent them in any appealproceedings in respect of a full enquiryand/or aspect enquiry

(b) Employers compliance

DAS will negotiate on behalf of the Insured and represent them in any appealproceedings in respect of a disputeconcerning the Insured’s compliance withPay As You Earn or Social SecurityRegulations following a review by HMRevenue & Customs or the Department of Social Security Contributions Agency

(c) VAT disputes

DAS will negotiate on behalf of the Insured and represent them in any appealproceedings following an assessmentissued by HM Revenue & Customs inrespect of Value Added Tax due

Provided that (1) For all insured events the Insured

has taken reasonable care to ensurethat all returns are complete andcorrect and that such returns aresubmitted within the statutory timelimits allowed

(2) We will not pay more than £2,000 for aspect enquiries

Exclusions

(i) In respect of aspect enquiries thefirst £200 of costs and expenses ineach and every claim

(ii) Any insured event arising from a taxavoidance scheme

(iii) Any insured event caused by thefailure of the Insured to register forValue Added Tax

7


(iv) Any insured event arising from anyinvestigations or enquiries undertakenby HM Revenue & Customs Special Investigation Section or SpecialCompliance Office

(v) Any insured event arising from any investigation or enquiry by HM Revenue& Customs into alleged dishonesty oralleged criminal offences

Exclusions

1 Any claim reported to DAS more than180 days after the date the insuredperson should have known about theinsured event

2 Costs and expenses incurred before the written acceptance of aclaim by DAS

3 Fines penalties compensation ordamages which the insured personis ordered to pay by a court or otherauthority other than compensationawards as covered under insured event 1(b) – Compensation awardsand insured event 2 – Legal defence

4 Any claim relating to patents copyrightstrademarks merchandise marksregistered designs intellectual propertysecrecy and confidentiality agreements

5 Any claim relating to franchise rights or agency rights where the Insuredhas the legal capacity to alter the legalrelations of another

6 Any insured event deliberately or intentionally caused by an insured person

7 A dispute with us or DAS nototherwise dealt with under Condition 7of this section

8 Any claim relating to a shareholding or partnership share in the Insuredunless such shareholding was acquiredunder a scheme open to all employeesof the Insured or a substantial number of them of a certain minimum gradeother than the directors or partners of the Insured

9 Judicial review (except under 2 (4) and 2 (5))

10 Any legal action an insured persontakes which DAS or the appointedrepresentative have not agreed to or where the insured person doesanything that hinders DAS or theappointed representative

11 When either at the commencement of or during the course of a claimnotified under this section the Insuredis bankrupt or has filed a bankruptcypetition or winding-up petition or has made an arrangement with itscreditors or has entered into a deed or arrangement or is in liquidation orpart or all of its affairs or property are in the care or control of a receiver or administrator

Conditions

1 An insured person must (a) keep to the terms and conditions

of the policy (b) notify us immediately of any

alteration which may materiallyaffect our assessment of the risk

(c) take reasonable steps to keep any amount we have to pay as lowas possible

(d) try to prevent anything happeningthat may cause a claim

(e) send everything DAS ask for in writing

(f) give DAS full details of any claim as soon as possible and give DASany information they need


2 (a) DAS can take over and conduct inthe name of an insured personany claim or legal proceedings atany time DAS can negotiate any claim onbehalf of an insured person

(b) If DAS agree to start legalproceedings and it becomesmandatory for an insured personto be represented by a lawyer or if there is a conflict of interest aninsured person can choose anappointed representative bysending DAS the suitably qualifiedperson’s name and address DAS may choose not to accept the choice of representative but only in exceptional circumstances If there is a disagreement over thechoice of appointed representativeanother suitably qualified person canbe appointed to decide the matter

(c) Before an insured personchooses a lawyer or anaccountant DAS can appointan appointed representative

(d) An appointed representativewill be appointed by DAS andrepresent an insured personaccording to DAS’s standard terms of appointment The appointed representative mustco-operate fully with DAS at all times

(e) DAS will have direct contact withthe appointed representative

(f) An insured person must cooperatefully with DAS and the appointedrepresentative and must keepDAS up-to-date with the progressof the claim

(g) An insured person must give theappointed representative anyinstructions that DAS require

3 (a) An insured person must tell DAS if anyone offers to settle a claim and must not agree to any settlement without DAS’swritten consent

(b) If an insured person does notaccept a reasonable offer to settle a claim we may refuse to pay anyfurther costs and expenses

(c) We may decide to pay the insuredperson the amount of damages that the insured person is claimingor is being claimed against theminstead of starting or continuinglegal proceedings

4 (a) If DAS ask an insured person musttell the appointed representativeto have costs and expenses taxedassessed or audited

(b) An insured person must takeevery step to recover costs andexpenses that we have to pay and must pay us any costs andexpenses that are recovered

5 If an appointed representativerefuses to continue acting for aninsured person with good reasonor if an insured person dismissesan appointed representativewithout good reason the coverwe provide will end at once unlessDAS agree to appoint anotherappointed representative

6 If an insured person settles a claim or withdraws their claim without theagreement of DAS or does not givesuitable instructions to an appointedrepresentative the cover we providewill end at once and we will be entitledto re-claim any costs and expensespaid by us


7 If DAS and an insured persondisagree about the choice ofappointed representative or about the handling of a claim DASand the insured person can chooseanother suitably qualified person todecide the matter

DAS and the insured person must both agree to this in writing

If DAS cannot agree with the insuredperson about the choice of the secondsuitably qualified person DAS will ask the chair of the solicitorsregulation authority to choose asuitably qualified person

Whoever loses the disagreement willhave to pay the cost of settling it

8 DAS may at their discretion require the Insured to obtain an opinion fromcounsel at the Insured’s expense as to the merits of a claim or proceedings

If counsel’s opinion indicates that thereare reasonable grounds for the pursuitor defence of a claim or proceedingsthe cost of obtaining the opinion willbe paid for by us

9 All acts of parliament within the sectionwording shall include equivale ntlegislation in Scotland Northern Irelandthe Isle of Man or the Channel Islandsas the case may be

10 This section will be governed byEnglish law



Definitions

Each time any of the following words orphrases appear in this section in bolditalic type (or in capital letters in theschedule) they will take the specificmeaning shown below


Bodily injury means bodily injury resulting directly andindependently of any other cause withintwenty-four calendar months in disablementor death

Business hours means any time when anyone withresponsibility for money is in attendance at the premises for the purpose ofyour business

Deferment period means the initial period specified in the schedule following bodily injury duringwhich the temporary total disablementbenefit is not payable

Insured persons means any employee of the insured

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at or above the wrist or ankle or total andirrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

Money means current notes and coins cheques(other than pre-signed blank chequeswhether crossed or uncrossed) postal ordersmoney orders securities for money crossedbankers drafts unused postage stampstravellers cheques National Savings stampsand certificates Premium Bonds NationalInsurance stamps and stamped NationalInsurance cards credit and debit card salesvouchers giro payment orders value addedtax purchase vouchers luncheon vouchersgift tokens and unused credit on postalfranking machines belonging to you or forwhich you are responsible and pertaining to the business

Money in transit means money other than non-negotiablemoney in transit in your personal custodyor the personal custody of a director oremployee or representative of yours orin a bank night safe until the bankaccepts responsibility

Non-negotiable money means crossed cheques (other than pre-signed blank cheques) crossed postalorders crossed money orders crossedbankers drafts National Savings certificatesPremium Bonds stamped National Insurancecards credit and debit card sales vouchersvalue added tax purchase vouchers andunused credit on postal franking machines

Money with assault extension 7


Other money means money other than non-negotiable money

Permanent total disablement means permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall havelasted for 104 weeks and which in allprobability will last for the remainder of life

Personal custody means within the immediate personalcontrol of you or any other responsibleperson authorised by you

Temporary total disablement means disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period not exceeding 104 weeks in all from thecommencement of such disablement

Cover A – Money

We will indemnify you in respect of lossof money happening during the periodof insurance anywhere in thegeographical limits

Our liability in respect of any one loss shall not exceed the amount stated in the schedule

Extensions


Damage to safes

We will indemnify you against damage toany safe strongroom or cash carrying bag belonging to you or for which you areresponsible arising in connection with theft or attempted theft of insured money

Damage to clothing and personal effects

We will indemnify you against damage toclothing and personal effects belonging to you or any of your directors or employeesor representatives arising in connection withtheft or attempted theft of insured money

Dishonesty of employee

We will indemnify you against loss due tothe dishonesty of any director employeegovernor or trustee of the Insured ifdiscovered within 28 days of the occurrencebut our liability for such loss shall notexceed £2,000 per person nor £5,000 intotal in any one period of insurance

Fund raising events and collection of fees

For the period from two days before untilseven days after a fund-raising event or the date for collection of fees the limitsshown in the schedule are doubled for the following (a) Money whilst in the course of transit

or in a bank night safe (b) Money whilst being counted or in the

home of any employee (c) Money in a locked safe in the premises

4

3

2

1


Exclusions

We shall not be liable in respect of loss (1) insured by a specific policy of fidelity

guarantee or theft by employee exceptin respect of any additional amountbeyond the amount payable undersuch a policy after deduction of anyretained liability of the Insured

(2) whilst the money is in the custody orcontrol of a professional carrier

(3) during transit by unregistered post (4) from an unattended vehicle (5) due to clerical or accounting errors

depreciation in value unexplainedshortage dishonoured cheques or to the use of counterfeit money

(6) in excess of the ‘in any othercircumstances’ limit shown in theschedule of other money (other thannon- negotiable money) from anyroom left unattended and unlockedunless this occurs during businesshours and such other money iscontained in a locked safe cupboarddesk or drawer with the key held inthe personal custody of anauthorised key-holder

(7) of completed credit or debit card sales vouchers unless a copy of eachvoucher is at all times kept in a secureplace separate from its counterpart

Special condition

Safe keys

It is a condition precedent to liability inrespect of loss of money from locked safeor locked strongroom that all keys (exceptthose deposited with a bank) for safes andstrongrooms containing money and notes of combination locks letters and numbersmust be held in personal custody

Cover B – Assault extension

If during the period of insurance an insuredperson sustains bodily injury in the courseof their employment by you as a directresult of robbery or hold-up or any attemptthereat we will pay the appropriate benefit

Scale of benefits

The level of benefits are shown inthe schedule

If the benefits are expressed in unitsone unit provides the following

1 Death £2500

2 Loss of limb(s) or loss of eye(s)£2500

3 Permanent total disablement£2500

4 Temporary total disablement £25 per week

5 Medical expenses Maximum of 15% of the benefitspayable under 4 above

Extension

Hospital benefit and dental expenses

If during the period of insurance an insuredperson sustains bodily injury in the courseof their employment by you as a directresult of robbery or hold up or any attemptthereat we will pay(a) dental expenses incurred by the

insured personLimit £500

(b) £20 a day up to £200 if as a resultof the bodily injury the insuredperson goes into hospital forin-patient treatment


Exclusions

We shall not be liable for bodily injury(1) arising from wilful exposure to

needless peril (except in an attempt to save human life)

(2) sustained by any person before thatperson attains the age of 16 years or after the expiry of the period of insurance in which that person attained the age of 70 years

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving riseto a claim other than for temporarytotal disablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporary total disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any one insured person in connection with the same accident

4 A receipt given by you or by yourlegal personal representatives shall be a valid discharge of our liability under this section

5 No compensation shall becomepayable until the total amount shall have been ascertained and agreed save that periodic payments on account of temporary total disablement may be made by us



Definitions



Accidental bodily injury means bodily injury resulting directly andindependently of any other cause within 24calendar months in disablement or death

Deferment period means the initial period specified in theschedule following accidental bodily injury during which the temporary totaldisablement benefit is not payable

Insured persons As specified in the schedule

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at or above the wrist or ankle or total andirrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

Permanent total disablement means permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall havelasted for 104 weeks and which in allprobability will last for the remainder of life

Temporary total disablement means disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period not exceeding 104 weeks in all from thecommencement of such disablement

Cover

If during the period of insurance an insuredperson sustains accidental bodily injury(1) at any time if Cover A applies(2) arising out of and in the course of their

employment by you if Cover B applies

Cover operative (A) or (B)

As specified in the schedule

Scale of benefits

The level of benefits are shown in theschedule

If the benefits are expressed in units oneunit provides the following

1 Death £2500

2 Loss of limb(s) or loss of eye(s)£2500

3 Permanent total disablement £2500

4 Temporary total disablement£25 per week

5 Medical expensesMaximum of 15% of the benefitspayable under 4 above

Personal accident 8


Extensions

Hospital benefit anddental expenses

If during the period of insurance an insuredperson sustains bodily injury(1) at any time if Cover A applies(2) arising out of and in the course of their

employment by you if Cover B applies

We will pay(a) dental expenses incurred by the

insured personLimit £500

(b) £20 a day up to £200 if as a result ofthe bodily injury the insured persongoes into hospital for in-patienttreatment

Excluding any claim where we haveaccepted a Hospital Benefit and DentalExpenses claim under the Money withassault extension section of this policy

Clothing and personal effects

If we accept a claim for bodily injury underthis section we will pay for the insuredperson’s clothing and personal effectsdamaged at the same time up to an amountof £500 per person such amount being inaddition to any amount recoverable underthe Property damage section

Excluding any claim where we have paid forpersonal effects under the Money withassault section of this policy

2

1

Exclusions

We shall not be liable for accidental bodily injury(1) arising from

(a) any consequence of suicide ordeliberate self-injury intemperancevenereal disease insanitypregnancy childbirth the influenceof drugs unless such drugs aretaken as prescribed and directed by a qualified registered medicalpractitioner but not for thetreatment of drug addiction

(b) any health problem which oughtreasonably to have been within the knowledge and belief of theinsured person or you at inceptionof this insurance or prior to thelatest renewal thereof and whichhas not been declared to andaccepted in writing by us

(c) wilful exposure to needless peril(except in an attempt to savehuman life)

(d) any insured person taking part in practising or training for any ofthe excluded activities

(2) sustained by any person after theexpiry of the period of insurance inwhich that person attained the age of 70 years

(3) directly or indirectly caused orcontributed to by terrorism involvingthe use or release or the threat thereofof any nuclear weapon or device orchemical or biological agent regardlessof any contributory causeIf we allege that by reason of thisexclusion any accidental bodilyinjury is not covered by this policythe burden of proving the contraryshall be upon you


Excluded activities

n Aqualung diving

n Flying (except as a fare-paying passenger)hang-gliding or parachuting

n Hunting on horseback poloshowjumping or steeple chasing

n Driving riding or sailing in any kind of race

n Riding motor cycles or motor scootersas a driver or passenger

n Winter sports other than curling or ice-skating

n Football other than amateur Association or rugby football

n Mountaineering cliff or rock-climbingabseiling subterranean or elastic ropesports or activities

n Any pursuit or activity involvingpersonal danger or hazard

n Playing in any sport professionally

n Service in the armed forces or participating in military operations otherthan Combined Cadet Forces

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving riseto a claim other than for temporarytotal disablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporary total disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any oneinsured person in connection with thesame accident

4 A receipt given by you or by your legalpersonal representatives shall be avalid discharge of our liability underthis section

5 No compensation shall becomepayable until the total amount shall have been ascertained andagreed save that periodic payments on account of temporary totaldisablement may be made by us


Professional indemnity 9


This insurance covers only those losses whicheither arise from claims made during theperiod of insurance against those insured orare discovered and reported during the periodof insurance by those insured

Definitions

Each time any of the following words orphrases appear in this section in bold italictype (or in capital letters in the schedule)they will take the specific meaningshown below

Where words or phrases are not highlightedin this manner the normal everydaymeaning of the word or phrase will apply

Employee(s) means (a) a person under a contract of service

or apprenticeship with you(b) a person under a contract of service

or apprenticeship with some otheremployer and who is hired to orborrowed by you

(c) labour masters and persons suppliedby them

(d) a person engaged bylabour-only subcontractors

(e) a self-employed person performingwork of a kind ordinarily performedunder a contract of service orapprenticeship with you

(f) work experience trainees (g) governors (h) authorised voluntary workers while

working for you in connection with the business

Insured means the organisation itself and any personwho was or is or shall be a governor trusteecommittee member employee or authorisedvolunteer director or officer of theorganisation but not its administrator

liquidator administrative receiver solicitorauditor or medical practitionerIn the event of the death incapacity orbankruptcy of an Insured indemnity is providedto the estate heirs legal representatives orassigns of such Insured

Policyholder means the organisation specified in theschedule who represents all Insuredsin respect of all matters relating tothis insurance

Wrongful act means any actual or alleged act whichis wrongfully committed or attempted byan Insured

Cover

We will indemnify the Insured against allsums which the Insured shall be legallyliable to pay as damages and all costs andexpenses reasonably incurred arising fromany claim or claims first made against theInsured and notified to us during any periodof insurance (but not prior to the retroactivedate of this insurance) and arising solely inthe course of performing duties in furtheranceof the activities of the policyholder for

Cover 1 Any wrongful act occurring or committedin good faith

Cover 2 any dishonest or fraudulent act or omissionon the part of any person defined as anInsured provided that(a) no person committing or condoning

such dishonest or fraudulent act oromission shall be entitled to indemnity

(b) the following shall be deducted fromany amount payable under this section(i) any monies which but for such

dishonest or fraudulent act or


omission would be due from theInsured to the person committingor condoning such act or omission

(ii) any monies held by the Insuredand belonging to such person

(c) we shall not be liable for any claimarising from any dishonest or fraudulentact or omission committed by anyperson after the discovery in relation tothat person of reasonable cause forsuspicion of fraud or dishonesty

Amount payable and excess

The amount of our liability for damagescosts and expenses in respect of any oneclaim and in the aggregate in any oneperiod of insurance shall not exceed thelimit shown in the schedule

If we are liable to indemnify more than oneparty the total amount of indemnity fordamages costs and expenses to all suchparties including the Insured shall notexceed the limit of indemnity

Where an excess is specified in theschedule this amount shall be borne by theInsured and our liability shall only be inaddition to this amount

Representations and severability

In providing indemnity under this section toany one Insured we have relied upon thestatements and declarations in the proposalincluding any additional or supplementaryinformation supplied

The proposal shall be considered to be aseparate proposal by each Insured

With respect to statements and declarations in the proposal no statements made orknowledge possessed by any Insured shallbe imputed to any other Insured to determinethe availability of indemnity in respect ofclaims made against any other Insured

Extension

Loss of documents

If during the currency of this insurance theInsured shall discover that any documentsthe property of or entrusted to the Insuredor in the custody of any other person to or with whom such documents have beenentrusted by the Insured in the ordinarycourse of the business have beendestroyed or damaged or lost or mislaid and after diligent search cannot be foundwe will indemnify the Insured up to the limit of indemnity (1) against

(a) legal liability of whatsoever naturewhich the Insured may incur to any other person in consequenceof such documents having been so destroyed damaged lost ormislaid and

(b) costs and expenses of whatsoevernature incurred in replacing orrestoring such documents otherthan such costs and expensesincurred as a result of loss ordistortion of information oncomputer system records

(2) for the Insured’s own costs andexpenses incurred with our writtenconsent in the defence or settlementof any claims to establish liability asdescribed in 1(a) above

Definition specific to this extension

Documents means all documents other than bearerbonds coupons bank notes currency notesand negotiable instruments


Exclusions

We shall not be liable under this section in respect of (1) death or bodily injury to any person

or damage to property (except asotherwise stated) unless arising out of any act insured by Covers 1 and 2of this section

(2) any claim arising from the provision of advice design or specification wherethe Insured contracts to(a) manufacture construct erect or

install or(b) supply materials or equipment

(3) fines penalties or punitive exemplary or multiplied damages

(4) any claim arising from an agreementby the Insured to pay penalties orliquidated damages

(5) any claim arising from any breach ofany obligation owed by the Insured asemployer to any employee

(6) arising from the trusteeship oradministration of any pension fund profit sharing or employee benefit scheme

(7) the consequence of any circumstance(a) notified under any insurance which

was in force prior to the inceptionof the insurance by this section

(b) known to the Insured at theinception of the insurance by this section which may give rise to a claim

(8) liability in respect of pollution orcontamination other than caused by asudden identifiable unintended andunexpected incident which takes placein its entirety at a specific time andplace during the period of insuranceAll pollution or contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

Notwithstanding anything containedherein to the contrary our liability for allcompensation payable in respect of all pollution or contamination whichis deemed to have occurred during theperiod of insurance shall not exceed inthe aggregate the limit of indemnity in respect of this section as shown inthe schedule

Definition specific to this exclusion

Pollution or contamination means (a) all pollution or contamination of

buildings or other structures orwater or land or the atmosphereand

(b) all loss or damage or injury directly or indirectly caused by suchpollution or contamination

(9) any claim arising directly or indirectly from (a) mining processing manufacturing

removing handling disposing oftreatment of distributing or storingof asbestos

(b) fears of the consequences of exposure to or inhalation of asbestos

(10) liability arising from damage to data(11) any claim arising from any failure or

omission of any Insured to effect andmaintain insurance for them and ontheir behalf

(12) any claim whereby the Insured isentitled to indemnity from any othersource whether insured or not

(13) any claim made or action instituted in a court of law outside the EuropeanUnion the Channel Islands or the Isleof Man or is instituted outside thoseterritories to enforce a judgement inthose territories whether by reciprocalagreement or otherwise


(14) the excess specified in the schedule(15) any claim arising from any wrongful

act which any Insured knew to be awrongful act or which was committedby such person in reckless disregard ofwhether it was a wrongful act or not

Special conditions

1 This insurance will not apply to claimsmade against the Insured by reason of any act error or omission committedor alleged to have been committedprior to the retroactive date stated inthe schedule

2 The Insured shall not disclose to anyperson without our written consent the nature and terms of the insuranceprovided by this section

3 In the event of the Company beingentitled to avoid the insurance by this section from inception or from the time of any variation in cover the Company may at its discretionmaintain this insurance in full force but exclude the consequences of any matter which ought to havebeen disclosed at inception or at the time of any variation in cover

Complaints procedure

(not forming part of the policy)

If you have any reason to complain about theadvice or service you have received you shouldcontact either your Broker or the EcclesiasticalInsurance Office plc depending on who soldyou your policy.

If making your complaint to Ecclesiastical youcan make your complaint in writing or verbally to the Group Compliance Officeror Claims and Risk Services Director at:

Ecclesiastical Insurance Office plc Beaufort House, Brunswick Road, Gloucester GL1 1JZ.

Tel 01452 528533 Fax 01452 423557

Email [email protected]

General information

Complaints procedure


If you have any reason to complain aboutthe advice or service you’ve received, pleasecontact us as soon as possible.

You can complain in writing or verbally atany time to:

Ecclesiastical Insurance Office plc Beaufort House, Brunswick Road, Gloucester GL1 1JZ.

Tel 0845 777 3322 Fax 0845 604 4486

Email [email protected]

Our promise to you

We will aim to resolve your complaint withinone business day. If this is not possible: n We will promptly acknowledge all

complaints.

n All complaints will be investigateddiligently and impartially withinEcclesiastical.

n We will respond formally to yourcomplaint as soon as possible.

n We will keep you informed of theprogress of the investigation.

n If you’re not satisfied with our response,or we have not completed ourinvestigation after eight weeks, we’llinform you of your right to take thecomplaint to:

Financial Ombudsman Service South Quay Plaza, 183 Marsh Wall, London E14 9SR

Tel 0300 123 9123 or 0800 0 234 567Email [email protected]

This complaints procedure does not affectyour right to take legal proceedings.

The Financial ServicesCompensation Scheme (FSCS)


The Financial Services CompensationScheme (FSCS) is the independent body, set up by government, which gives you yourmoney back if your authorised* financialservices provider goes bust.

The FSCS protects a range of products forboth individuals and small businesses. Limitsapply depending on the product you havebought. The FSCS does not charge individualconsumers for using its service. The FSCScannot help you if the firm you have donebusiness with is still trading.For further information on the scheme youcan visit the website at:

www.fscs.org.uk

or write to:

Financial Services Compensation Scheme10th Floor, Beaufort House,15 St Botolph Street,London EC3A 7QU.

Tel 0207 741 4100 or 0800 678 1100Fax 0207 741 4101Email [email protected]

* The FSCS can only pay compensation forcustomers of financial services firmsauthorised by the PRA.



Notes

This contract is underwritten by: Ecclesiastical Insurance Office plc.

Our FCA register number is 113848. Our permitted business is general insurance.

You can check this on the FCA’s register by visiting the FCA’s website

www.fca.gov.uk/register

or by contacting the FCA on

0800 111 6768

For further information on any of our products, please speakto your insurance broker.

Or visit us at

www.ecclesiastical.com

Ecclesiastical Insurance Office plc (EIO) Reg. No. 24869. Registered in England at Beaufort House, Brunswick Road, Gloucester, GL1 1JZ, UK. EIO is authorised by thePrudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

057/2/1113

Beaufort House, Brunswick Road,Gloucester GL1 1JZ

© Ecclesiastical Insurance Office plc 2013

SP055 Education Policy aw - ecclesiastical.com insurance policy... · This policy document ......

Documents

Transcript of SP055 Education Policy aw - ecclesiastical.com insurance policy... · This policy document ......