INSURANCE FOR THE PROFESSIONAL - PROFESSIONALS POLICY BOOKLET - NIG
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PROFESSIONALS
POLICY BOOKLET
INSURANCE FOR THE
PROFESSIONALBusiness Advice Service
These helpline services are provided for Your use whilst this telephone, if they are aged 18 or over, and to 16 and 17 year
Policy is in force. olds, provided they are in full-time employment, assisting
issues such as:
Eurolaw Commercial Legal and UK Tax Advice ● stress ● relationship
depression bereavement
0345 878 5024 ● ●
● family
Unlimited access, over the telephone, to a team of legal
This service can also help with:
advisors for confidential legal advice and guidance on any
commercial legal problem affecting the Business such as: ● Onward referral to relevant voluntary, self-help groups or
professional services
● employment ● VAT
● Availability of planned (weekly) telephone counselling
● prosecution ● contract disputes sessions, time to suit caller
● landlord and tenant disputes. ● Details of face to face counsellors in Your area
Eurolaw Commercial Legal advice can only be offered in Any costs arising from the use of these referral services will
respect of matters subject to the laws of and within the not be paid by DAS.
jurisdiction of courts or tribunals of:
This helpline is provided on Our behalf by DAS Legal Expenses
● the United Kingdom Insurance Company Limited. All calls may be recorded.
● the Channel Islands and the Isle of Man
● any member country of the European Union Health and Medical Assistance Helpline
● Switzerland and Norway
0345 878 5031
Wherever possible the Legal Advice helpline aims to provide
immediate advice from a qualified legal advisor. However if this Health and medical information is provided by a medically
is not possible DAS will arrange a callback at a time to suit You. qualified person 9am–5pm, Monday to Friday, excluding
DAS’ legal advisors provide advice on the laws of England and public and bank holidays. If You call outside these times, a
Wales 24 hours a day, 7 days a week, 365 days a year. Where message will be taken and a return call arranged within the
advice is sought in an area of law beyond this jurisdiction or in operating hours.
respect of very specialist matters, DAS will refer You to one of Advice and assistance concerning:
DAS’ specialist advisors. This will include European law and ● exercise information ● changing doctors
certain areas of law for Scotland and Northern Ireland. ● giving up smoking ● inoculations
Specialist advice is provided 9am–5pm, Monday to Friday, ● comprehensive doctor, clinic and treatment facility database
excluding public and bank holidays. If calls are made outside
these times, DAS will call You back.
● sports injuries ● nutrition assessment
● complimentary health
DAS offer confidential advice over the phone on any tax matters
affecting the business, under the laws of the United Kingdom. Bespoke fact sheets can be sent out if requested.
Tax advice is provided by tax advisors 9am–5pm, Monday to This helpline is provided on Our behalf by DAS Legal Expenses
Friday, excluding public and bank holidays. If calls are made Insurance Company Limited. All calls may be recorded.
outside these times, DAS will arrange to call You back the next DAS will not accept responsibility if the telephone helpline
working day between 9am and 5pm. services operated by them are unavailable for reasons they
This helpline is provided on Our behalf by DAS Law cannot control.
Limited and/or a Preferred Law Firm appointed by DAS In addition to these helplines, DAS offer on our behalf access
Legal Expenses Insurance Company Limited (DAS) on to the DAS Employment Manual.
behalf of Us. All calls may be recorded.
Employment manual
Counselling Helpline The DAS Employment Manual offers comprehensive, up to
date guidance on rapidly changing employment law. To view it,
0345 878 5029 please visit www.dasinsurance.co.uk/employment-manual
Available 24 hours each day, 7 days every week, all year round. If You would like notifications of when updates are made
A confidential counselling service for any employee (and their to the Employment Manual, please email us at
immediate family who permanently live with them) over the employmentmanual@das.co.uk quoting Your policy number.Attached Page
What is in this Booklet 3 How to Use Your Policy
4 General Definitions
5 General Conditions
8 Claims Conditions
10 General Exclusions
Sections of the Policy
12 Section 1 Public Liability
17 Section 2 Employers Liability
20 Section 3 Money
23 Section 4 Tools and Business Equipment
25 Section 5 Business Stock
27 Section 6 Personal Accident
29 Optional Extensions
30 Important InformationProfessionals Policy NIG policies are underwritten by U K Insurance Limited. We will provide the insurance described in this Policy, which consists of individual Sections (subject to the terms, definitions, conditions, clauses and exclusions) for the Period of Insurance. The Policy should be read in conjunction with the Schedule, which confirms the Sections You are covered for. 2 | Professionals
How to Use Your Policy Policy Booklet
How to Use Your Policy
Your Policy
Your Policy contains details of the extent of cover available to
You, what is excluded from the cover and the conditions on
which the Policy is issued.
We wish to provide You with a good standard of service.
To help Us achieve this, it is important that You read this
Policy carefully. If it does not meet Your requirements,
or You have any comment or query about the Policy,
please contact Us through Your insurance adviser
or at the office which issued Your Policy.
Your Schedule
Your Schedule provides details of the insurance protection
provided, the Sections of the Policy which are operative
and the levels of cover You have.
Please examine Your Schedule to ensure it meets Your
requirements.
Using the Business Advice Service
Details of Our helplines are provided on the inside front cover
of this policy booklet.
Making a Claim
To make a claim, first read the Policy and Schedule and check
that You are covered. Then follow the instructions provided
under Claims Conditions 1 – Action by You.
You should ask Your insurance adviser for a claim form and let
Us have as much information as soon as possible to help Us
deal with Your claim promptly and fairly.
If You are dissatisfied with the way in which a claim or any
other matter has been dealt with, please refer to Important
Information at the back of this policy booklet.
Professionals | 3Policy Booklet General Definitions
General Definitions
These definitions apply to this Policy. In addition other Period of Insurance
more specific definitions apply under some of the Policy a The period beginning with the Effective Date and ending
Sections and are stated in those Policy Sections. with the Expiry Date (both stated in the New Business
Any word or expression to which a particular meaning has Schedule or latest effective Renewal Schedule as
been given in the General Definitions in this Policy or in applicable); and
the Definitions within the Sections of this Policy will have b any subsequent period;
that meaning wherever it appears when commencing with
for which You will pay and We will agree to accept Your
a capital letter in this Policy or the relevant Section
premium.
respectively.
Policy
Bodily Injury
This policy including the Sections and Schedule, all of which
Bodily Injury which includes death, disease or illness
should be read together as one contract
Business
Property
The ‘Business’ as shown in the Schedule and no other for the
Material property.
purposes of this Policy.
Schedule
Craft
The schedule applicable to the Policy.
Any vessel or craft made or intended to float on or in or travel
through water air or space. We/Us/Our
Damage U K Insurance Limited trading as NIG and/or such other
authorised Insurer as U K Insurance Limited may contract to
Accidental loss, destruction or damage.
underwrite any part of this Policy.
Employee
You/Your
Any person while working for You in connection with the
The person, persons, Limited Liability Partnerships or Limited
Business who is
or Public Limited Company, shown as the Insured Name in the
a under a contract of service or apprenticeship with You Schedule and, in respect of Section 2: Employers Liability, the
b a person under a contract of service or apprenticeship with Policyholder stated upon the Certificate of Employers Liability
some other employer and who is hired to or borrowed by Insurance.
You
c a labour master or person supplied by him
d a person engaged by a labour only sub-contractor
e a self-employed person performing work under a similar
degree of control and direction by You as a person under a
contract of service or apprenticeship with You
f a driver or operator of hired-in plant
g a trainee or person undergoing work experience
h a voluntary helper.
Excess
The first amount of each and every claim for which You will be
responsible as shown in the Schedule.
4 | ProfessionalsGeneral Conditions Policy Booklet
General Conditions
These Conditions apply to this Policy. You must comply b entered into this Policy on any terms, We may
with these Conditions. Where additional Conditions apply avoid this Policy and refuse all claims but will
to a specific Section of this Policy, they are stated under return any premiums paid; or
that Section. iii neither deliberate nor reckless and We:
1 Observance of Conditions a would have entered into this Policy or agreed to
Your due observance and fulfilment of the terms and the alteration made to this Policy, but on different
conditions of this Policy will be conditions precedent to terms (other than terms relating to the premium),
Our liability to make any payment under this Policy. this Policy or the alteration (as applicable) will be
treated as if it had been entered into on those
2 Fair Presentation of the Risk
different terms if We require; and
a You have a duty to make to Us a fair presentation of the
risk before: b In respect of an alteration made to this Policy:
i the inception of this Policy; i would have agreed to the alteration, but
would have charged an increased premium
ii an alteration made to this Policy, concerning by more than We did or (in the case of an
changes in the risk which are relevant to the unchanged premium) would have increased
proposed alteration; and the premium, We may reduce proportionately
iii the renewal of this Policy; and the amount to be paid on a claim arising out
b In the event of a breach of such duty, if the breach is: of events after the alteration.
i deliberate or reckless, We may: We will pay on such claim a percentage of
what We would otherwise have been liable to
a in relation to an alteration made to this Policy, pay (whether on the original terms, or as
(despite the references to notice period and the varied, or under the different terms provided
refunding of premiums in General Condition 5 b) for by virtue of item b iii a above), based on
by notice to You at Your last known address treat the total premium actually charged compared
this Policy as cancelled with effect from the time to the premium that We would have charged;
when the alteration was made and retain any
premiums paid; ii (where the total premium was reduced as a
result of the alteration), would have agreed to
b in relation to inception or renewal of this Policy, the alteration and We would have increased
avoid this Policy and refuse all claims and retain the premium, would not have reduced the
any premiums paid; premium, or would have reduced it by less
ii neither deliberate nor reckless and We would not than We did, We may reduce proportionately
have: the amount to be paid on a claim arising out
a in relation to an alteration made to this Policy, of events after the alteration.
agreed to the alteration on any terms, We may We will pay on such claim a percentage of
treat this Policy as if the alteration was never what We would otherwise have been liable to
made, but in that event We: pay (whether on the original terms, or as
i will return any extra premium paid; or varied, or under the different terms provided
for by virtue of item b iii a above), based on
ii may (where the total premium was reduced the total premium actually charged compared
as a result of the alteration), reduce to the original premium if We would not have
proportionately the amount to be paid on a changed it, and otherwise the increased or
claim arising out of events after the alteration. (as the case may be) reduced total premium
We will pay on such claim a percentage of We would have charged.
what We would otherwise have been liable to
pay (whether on the original terms, or as c would have entered into this Policy (whether the
varied), based on the total premium actually terms relating to matters other than the premium
charged compared to the original premium would have been the same or different), but
charged; or would have charged a higher premium, We may
reduce proportionately the amount to be paid on
a claim.
Professionals | 5Policy Booklet General Conditions
We will pay on such claim a percentage of what 5 Cancellation
We would otherwise have been liable to pay
a Your Cancellation Rights
(making provision for any different terms referred
to in item b iii a above), based on the premium i You may cancel this Policy within 14 days of receipt
actually charged compared to the higher of Your Policy (this is known as the “cooling off”
premium. period). If You elect to cancel within this period You
should return all documents to Your broker,
c We will be entitled to vary the premium and any terms in
intermediary or agent and We will pay a refund of
respect of any ongoing acceptance of cover (where
premium for the full amount paid by You. If a claim
agreed by Us), in relation to a breach of the duty to
has been made or an incident notified to Us that
make to Us a fair presentation of the risk.
could give rise to a claim during the “cooling off”
3 Reasonable Precautions period Your Policy will be treated by Us as in force
and no refund of premium will be made.
You must:
ii If You elect to cancel Your Policy after the “cooling
a take all reasonable precautions to prevent or minimise
off” period has expired but still during any Period of
any accident, incident, Bodily Injury or Damage
Insurance You must give 14 days’ notice in writing to
b safeguard any Property the ways works machinery plant Your broker, intermediary or agent. You will be
vehicles premises and appliances and maintain such entitled to a proportionate refund of premium, based
Property in a good state of repair on the number of days remaining in the Period of
c exercise care in the selection and supervision of Insurance, unless a claim has been made (or an
Employees incident notified to Us that could give rise to a claim)
d comply with all relevant statutory requirements during the Period of Insurance when no refund of
manufacturer’s recommendations and other regulations premium for the Period of Insurance will be made.
relating to the use inspection and safety of property and iii Where You pay by Instalments any amount of
the safety of persons. premium returned under this condition will be
reduced by any unpaid Premiums or instalments
4 Change of Risk or Interest
due at the time of cancellation.
a It is a condition precedent to Our liability that You will
immediately notify Us if any alteration be made either in b Our Cancellation Rights
the Business or in any other circumstances whereby i We may cancel Your Policy (or any Section of it) at
the risk is increased other than in accordance with any time and in any Period of Insurance by giving a
General Condition 2 at any time after the Effective Date minimum of 14 days’ notice to You in writing at Your
(as stated in the Schedule) of the Period of Insurance. last known address.
b This Policy will cease to be in force if: ii If we cancel Your Policy, You will be entitled to a
i Your interest in the Business ends, other than by proportionate refund of premium, based on the
death; or number of days remaining in the Period of
Insurance, unless a claim has been made (or an
ii the Business is to be wound up or carried on by a
incident notified to Us that could give rise to a claim)
liquidator or receiver or permanently discontinued,
during the Period of Insurance when no refund of
at any time after the Effective Date (as stated in the premium will be made.
Schedule) of the Period of Insurance, unless its
iii Where You pay by Instalments any amount of
continuance be agreed by Us.
premium refunded under this condition will be
reduced by any unpaid premiums or instalments due
at the time of cancellation.
In relation to cancellation in any of the circumstances
outlined above You must immediately return to Us any
current Certificate(s) of Employers Liability Insurance.
6 | ProfessionalsGeneral Conditions Policy Booklet
6 Instalments
a Notwithstanding General Condition 5b, where the
premium under this Policy is payable by instalments and
You fail to pay one or more instalments, We may cancel
this Policy by giving 7 days’ notice at You last known
address, and You will immediately return to Us any
current Certificate(s) of Employers Liability Insurance
b Any amount of premium returned under this General
Condition will be reduced by any unpaid premiums or
instalments at the time of cancellation
The total amount of premium refunded to You will be
calculated by Us in accordance with the process set out in
General Condition 5. The calculation made by Us will be
final and binding
7 Choice of Law
You and We may choose which law will apply to this policy.
Unless both parties agree otherwise, English law will
apply. We’ve supplied this policy and other information
to You in English and We’ll continue to communicate
with You in English.
8 Contracts (Rights of Third Parties) Act 1999
A person or company who is not a party to this Policy has
no right under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this Policy but this does not
affect any right or remedy of a third party which exists or is
available apart from that Act.
9 Changes to Your cover
You must tell Us immediately if there are any changes that
may affect Your insurance, such as the following:
i If You change the number of workers employed by You
ii If Your limits change
We may then reassess Your cover and premium either
immediately or at Your next renewal, depending on the
information You have provided.
10 No Claim Discount
If You do not make a claim against Your Policy, We will give
You a no claim discount and may reduce Your renewal
premium. However, if You do make a claim against Your
Policy, We will reduce Your no claim discount.
Professionals | 7Policy Booklet Claims Conditions
Claims Conditions
These Conditions apply to this Policy. You must comply 2 Our Rights
with these Conditions. Where additional Conditions apply We will be entitled:
to a specific Section of this Policy, they are stated under
a on the happening of any Damage in respect of which a
that Section.
claim is made and without thereby incurring any liability
1 Action by You or diminishing any of Our rights under this Policy to take
It is a condition precedent to Our liability that: possession of or require to be delivered to Us any
You will on the happening of any incident which could give Property insured and deal with such Property for all
rise to a claim under this Policy: reasonable purposes and in a reasonable manner;
a immediately notify Us and deliver to Us at Your own b at Our discretion to take over and conduct in Your name
expense a claim in writing with such detailed particulars the defence or settlement of any claim and to prosecute
and proofs as may be reasonably required by Us and (if at Our own expense and for Our own benefit any claim
demanded) by Us, a statutory declaration of the truth of for indemnity or damages against any other persons in
the claim and any matters connected therewith within: respect of any event insured by this Policy and You will
give all information and assistance required;
i 7 days of the event in the case of Damage caused
by riot, civil commotion, strikes, labour disturbances c to any Property for the loss of which a claim is paid
or malicious persons; hereunder and You will execute all such assignments
and assurances of such Property as may be reasonably
ii 30 days of the event in the case of any other claim or required but You will not be entitled to abandon any
such further time as We may allow; Property to Us;
b give immediate notice to the Police in respect of: d in the event of any Occurrence (as defined in Sections
i vandalism 1 and 2) resulting in any claim(s) under Sections 1 and
ii theft or any attempt thereat 2 to pay to You the amount of the Indemnity Limit for
such Occurrence (less any sums already paid as
iii loss of Money by any cause whatsoever
damages in respect of such Occurrence and in respect
c make no admission of liability or offer promise or of Section 2 less costs and expenses incurred before
payment without Our written consent; the date of payment) or any lesser amount for which the
d inform Us immediately of any impending prosecution, claim(s) can be settled after which We will have no
inquest or fatal inquiry or civil proceedings and send to further responsibility in connection with such claim(s)
Us immediately every relevant document; except in respect of Section 1 for costs and expenses
e take all reasonable action to minimise or check any incurred before the date of payment;
interruption of or interference with the Business; e in the case of death of the Person Insured by Section 3
f produce to Us such books of account or other business Special Extension 1 – Personal Accident (Assault) and
books or documents or such other proofs as may Section 6 – Personal Accident to have a post mortem
reasonably be required by Us for investigating or at Our expense.
verifying the claim;
g in respect of Section 3 Special Extension 1 – Personal
Accident (Assault) and Section 6 – Personal Accident
supply at Your own expense all certificates and
information and evidence required by Us. The Person
Insured will as often as required by Us submit to
medical examination at Our own expense.
8 | ProfessionalsClaims Conditions Policy Booklet
3 Fraudulent Claims 6 Arbitration
In the event of any claim under the Policy being submitted If any difference arises as to the amount to be paid under
which in any respect is intentionally exaggerated or this Policy (liability being otherwise admitted) such
fraudulent or if any fraudulent means or devices are used difference will be referred to an arbitrator in England who
by You or anyone acting on Your behalf to obtain benefit will decide the matter in dispute according to English law
under this Policy, We: and will be appointed by the parties in accordance with the
a will not be liable to pay the claim; relevant English statutory provisions for the time being in
force. Where any such difference is to be referred to
b may recover from You any sums paid by Us to You in
arbitration under this Condition, the making of an award will
respect of the claim; and
be a condition precedent to any right of action against Us.
c may (despite the references to notice period and the
refunding of premiums in General Condition 5 b) by
notice to You at Your last known address treat this
Policy as having been cancelled with effect from the
time of the fraudulent act and may:
i refuse all liability to You under this Policy in respect
of any event that gives rise to Our liability occurring
after the time of the fraudulent act; and
ii retain any premiums paid under this Policy.
4 Subrogation
We will be subrogated to Your rights of recovery against
any third party. Accordingly, it is a condition precedent to
Our liability that any claimant under this Policy will, at Our
request and expense, take and permit to be taken all
necessary steps for Us to enforce any rights against any
other party in Your name before or after any payment is
made by Us.
5 Other Insurances
Unless otherwise stated in this Policy:
a if at the time of any accident incident Bodily Injury or
Damage which gives rise to a claim, there is any other
insurance effected by You or on Your behalf applicable
to such event Our liability will be limited to its rateable
proportion thereof; and
b if any other such insurance is subject to any provision
whereby it is excluded from ranking concurrently with
this Policy whether in whole or in part or from
contributing rateably, then Our liability hereunder will be
limited to any excess beyond the amount which would
have been payable under such other insurance had this
Policy not been effected.
Professionals | 9Policy Booklet General Exclusions
General Exclusions
These General Exclusions set out what is not covered ii civil commotion in Northern Ireland,
under this Policy. Where additional exclusions apply to a except to the extent stated in the Liability Provisions
specific Section of this Policy, they are set out in that relating to this General Exclusion and set out below
Section.
For the purpose of this Exclusion and its Liability
Provisions:
This Policy does not cover
War means war, invasion, acts of foreign enemies,
1 Sonic Bangs hostilities or warlike operations (whether war be declared
loss, destruction or damage caused by pressure waves or not), civil war, mutiny, civil commotion assuming the
caused by aircraft or other aerial devices travelling at sonic proportions of or amounting to popular rising, military
or supersonic speeds. rising, insurrection, rebellion, revolution, or military or
usurped power.
2 Radioactive Contamination Government Action means martial law, confiscation,
loss, destruction or damage to any property whatsoever or nationalisation, requisition or destruction of property by or
any loss or expense whatsoever resulting or arising under the order of any government or public or local
therefrom or any other costs directly or indirectly caused by authority or any action taken in controlling, preventing,
such loss, destruction or damage, or any legal liability of suppressing or in any way relating to War.
whatsoever nature directly or indirectly caused by or Terrorism means acts of any person or persons acting on
contributed to by or arising from: behalf of, or in connection with, any organisation which
a ionising radiations or contamination by radioactivity carries out activities directed towards the overthrowing or
from any nuclear fuel or from any nuclear waste from the influencing, by force or violence and/or the threat thereof,
combustion of nuclear fuel; or of Her Majesty’s government in the United Kingdom or any
other government de jure or de facto.
b the radioactive toxic explosive or other hazardous
properties of any explosive nuclear assembly or nuclear In any action suit or other proceedings where We allege
component thereof. that by reason of this General Exclusion as far as it relates
to Terrorism any Damage or resulting loss or expense or
As far as this General Exclusion concerns Bodily Injury
other costs either directly or indirectly caused by or
caused to any Employee, if such Bodily Injury arises out of
contributed to by or arising from such event is not covered
and in the course of employment or engagement of such
by this insurance, the burden of proving that such loss,
person by You this Exclusion will apply only in respect of
destruction or damage, expense or costs is covered will be
i the liability of any principal; or Your responsibility.
ii liability assumed by You under agreement and which
Liability Provisions
would not have attached in the absence of such
agreement. Subject otherwise to the terms, definitions, exclusions,
exceptions, provisions and conditions of this Policy:
3 War, Government Action and Terrorism
We will indemnify You under the Employers Liability
a loss, destruction or damage to any property whatsoever Section provided that in respect of any one Occurrence
or any loss or expense whatsoever resulting or arising (as defined under Section 2 Employers Liability) or
therefrom or any other costs directly or indirectly series of Occurrences arising out of any one original
caused by or contributed to by or arising from: cause Our liability in respect of all legal liability costs
i War, Government Action or Terrorism (or any action and expenses either directly or indirectly caused by or
taken in controlling, preventing, suppressing or in contributed to by or arising from Terrorism (or any
any way relating to Terrorism); or action taken in controlling, preventing, suppressing or
in any way relating to Terrorism) will not exceed
ii civil commotion in Northern Ireland;
£5,000,000;
b legal liability of whatsoever nature or any costs or
2 We will indemnify You under the Public Liability Section
expenses whatsoever directly or indirectly caused by or
against legal liability costs and expenses either directly
contributed to by or arising from: or indirectly caused by or contributed to by or arising
i War, Government Action or Terrorism (or any action from Terrorism (or any action taken in controlling,
taken in controlling, preventing, suppressing or in preventing, suppressing or in any way relating to
any way relating to Terrorism); or Terrorism) provided that Our liability for all damages
(including interest thereon) will not exceed
10 | ProfessionalsGeneral Exclusions Policy Booklet
a under the Public Liability Section (excluding the In respect of Section 3: Money Section 4 Tools and
Products Liability Extension) in respect of any one Business Equipment and Section 5 Business Stock, of this
Occurrence (as defined under Section 1 Public Policy, this Exclusion will not exclude subsequent Damage
Liability) or series of Occurrences arising out of any not otherwise excluded from this Policy which itself results
one event £2,000,000 or the amount of the from fire, lightning, explosion, aircraft or other aerial
Indemnity Limit stated in the Schedule whichever is devices or articles dropped therefrom, riot, civil
lower; commotion, strikers, locked out workers, persons taking
b under the Products Liability Extension of Section 1 part in labour disturbances, malicious persons other than
Public Liability in respect of all Occurrences during thieves, earthquake, storm, flood, escape of water from any
any one Period of Insurance £2,000,000 or the tank or apparatus or pipe, theft or impact by any vehicle or
amount of the Indemnity Limit stated in the animal.
Schedule for the Public Liability Section whichever General Exclusion 4 will not apply to Section 2 –
is the lower; and Employers Liability.
c in respect of all Pollution or Contamination 5 Computer Virus and Hacking
consequent upon Terrorism and which is deemed to a Damage to any computer or other equipment or
have occurred during any one Period of Insurance component or system or item which processes, stores,
£2,000,000 in the aggregate or the amount of the transmits or retrieves data or any part thereof whether
Indemnity Limit stated in the Schedule for the Public tangible or intangible (including but without limitation
Liability Section whichever is the lower. any information or programs or software) and whether
4 Date Recognition Your Property or not where such Damage is caused by
Virus or Similar Mechanism or Hacking;
any claim which arises directly or indirectly from or consists
of the failure or inability of any: b financial loss directly or indirectly caused by or arising
from Virus or Similar Mechanism or Hacking
a electronic circuit, microchip, integrated circuit,
microprocessor, embedded system, hardware, but this will not exclude Damage or financial loss which is
software, firmware, program, computer, data not otherwise excluded from this Policy and which results
processing equipment, telecommunication equipment from fire, lightning, explosion, earthquake, aircraft or other
or systems, or any similar device; or aerial devices or articles dropped therefrom , riot, civil
commotion, strikers, labour disturbances, malicious
b media or systems used in connection with anything
persons (including the acts of thieves but excluding the
referred to in a above,
acts of malicious persons which do not involve physical
whether Your property or not, at any time to achieve any or force or violence) storm flood escape of water or oil from
all of the purposes and consequential effects intended by any tank apparatus or pipe impact by any vehicle or animal.
the use of any number, symbol or word to denote a date
For the purpose of this Exclusion:
and this includes without any limitation the failure or
inability to recognise, capture, save, retain or restore Virus or Similar Mechanism means program code,
and/or correctly to manipulate, interpret, transmit, return, programming instruction or any set of instructions
calculate or process any date, data, information, command, intentionally constructed with the ability to damage
logic or instruction as a result of: interfere with or otherwise adversely affect computer
programs, data files, or operations, whether involving
i recognising, using or adopting any date, day of the
self-replication or not. The definition of Virus or Similar
week or period of time, otherwise than as, or other than,
Mechanism includes but is not limited to trojan horses,
the true or correct date, day of the week or period of
worms and logic bombs.
time; or
Hacking means unauthorised access to any computer or
ii the operation of any command or logic which has been
other equipment or component or system or item which
programmed or incorporated into anything referred to in
processes, stores, transmits or retrieves data whether
a and b above.
Your Property or not.
General Exclusion 5 will not apply to Section 1 – Public
Liability and Section 2 – Employers Liability.
Professionals | 11Policy Booklet Section 1 | Public Liability
Section 1 | Public Liability
Definitions Occurrences
The Business includes 1 accidental Bodily Injury to any person;
a the ownership repair maintenance and decoration of Your 2 accidental Damage to Property;
premises; 3 accidental obstruction, trespass, nuisance or interference
b private work undertaken by any of Your Employees for You with any easement of air, light, water or way; or
or with Your consent for any of Your directors partners or 4 wrongful arrest, detention, imprisonment or eviction of any
other Employees; and person, malicious prosecution or invasion of the right of
c the provision and management of canteen sports social privacy;
and welfare organisations for the benefit of Employees and occurring within the Territorial Limits during the Period of
fire security first aid medical and ambulance services. Insurance and happening in connection with the Business.
Pollution or Contamination Indemnity Limit
a All pollution or contamination of buildings or other Our liability under this Section for all damages (including
structures or of water or land or the atmosphere, and interest thereon) payable in respect of any one Occurrence or
b all Damage or Bodily Injury directly or indirectly caused by in the aggregate in respect of a series of Occurrences arising
such pollution or contamination. out of any one event will not exceed the Indemnity Limit.
Products Supplied Cover
Any goods (including their containers packaging labelling and
We will subject to the Indemnity Limit stated in Section 1 of
instructions for use) manufactured, sold, supplied, hired out,
the Schedule indemnify You against:
repaired, renovated, serviced, altered, erected, installed or
treated by You or on Your behalf in connection with Your 1 a all sums which You will become legally liable to pay as
Business and no longer in Your charge or control. damages (including interest thereon); and
b claimants’ costs and expenses if You are ordered to pay
Territorial Limits
them or paid with Our written consent,
i Great Britain, Northern Ireland, the Channel Islands or the
in respect of the Occurrences stated in this Section
Isle of Man;
2 all costs and expenses incurred by You with Our written
ii within any member country of the European Union where
consent in defending any claim:
any person is temporarily engaged in connection with Your
Business; and 3 the solicitor’s fees incurred with Our written consent for
representation at proceedings in any court of summary
iii elsewhere in the world where any person is temporarily
jurisdiction in respect of any alleged act causing or relating
engaged in non-manual work in connection with Your
to any Occurrence which may be the subject of indemnity
Business.
under this Section or at any coroner’s inquest or fatal
You includes accident inquiry.
a Your personal representatives in the event of Your death
but only in respect of liability incurred by You; and Special Conditions
b if You so request:
1 Contractual Liability
i any of Your directors, partners or other Employees while
Insofar as concerns liability assumed by You under
acting in connection with the Business provided that
agreement which would not have attached in the absence
You would have been entitled to indemnity under this
of such agreement this Section will only apply if We retain
Section if the claim had been made against You; and
sole conduct and control of any claim.
ii any officer or member of Your canteen, sports, social or
Extension I will not apply to liability assumed by You under
welfare organisations and fire, security, first aid, medical
agreement other than under any condition or warranty of
and ambulance services in their respective capacity as
goods implied by law unless such liability would have
such.
attached in the absence of such agreement.
Provided that such persons will observe fulfil and be
subject to the terms conditions Exclusions and limits of this
Section insofar as they can apply.
12 | ProfessionalsSection 1 | Public Liability Policy Booklet
2 Jurisdiction 4 liability for Damage to Property belonging to or in Your
The indemnity provided by this Section will only apply to charge or under Your control but this Exclusion will not
any action for damages brought against You in any court apply to Your directors’, partners’, Employees’ or visitors’
or tribunal subject to the laws of England, Scotland, Wales, Property or any premises (including contents) which are
Northern Ireland, the Channel Islands or the Isle of Man. temporarily occupied by You for the purpose of work in
connection with the Business (not being buildings which
3 Costs Inclusive in U.S.A. and Canada are owned by or leased rented or hired to You);
Where indemnity is provided by this Section for liability in
5 Damage to the contract works and other materials plant
respect of Occurrences in the United States of America or
tools or equipment brought on to the site for use in
Canada or their dependencies or trust territories the
connection with any contract entered into by You and
Indemnity Limit stated in the Schedule will be the maximum
occurring:
amount payable by Us inclusive of all costs and expenses.
a before the date of practical completion or before a
4 Asbestos Clean Up Costs certificate of completion has been issued;
Our liability for all damages (including interest thereon) b after the date of practical completion or after the issue
payable arising from the need to clean up or remove
of a certificate of completion and where liability for such
asbestos, asbestos fibre or any derivative of asbestos from
Property attaches to You solely by reason of a contract
Property in respect of all Occurrences during any one
or agreement;
Period of Insurance will not exceed £2,000,000 in the
aggregate or the amount of the Indemnity Limit stated in 6 liability caused by or arising from the ownership,
the Schedule, whichever is the lower. possession or use by You or on Your behalf of any:
5 Excess a Craft other than hand propelled watercraft; or
We will not be liable for the first amount of the Excess b mechanically propelled vehicle (or trailer attached
stated in the Schedule for each and every claim in respect thereto) licensed for road use other than liability caused
of Damage to Property. by or arising from:
i the loading or unloading of such vehicle;
Exclusions ii the movement of any such vehicle not Your property
We will not be liable under this Section in respect of: which is interfering with the performance of the
Business;
1 the cost of replacing or making good faulty defective or
incorrect: but this indemnity will not apply if in respect of such liability
a workmanship; or compulsory insurance or security is required under any
legislation governing the use of the vehicle;
b materials goods or other property supplied installed or
erected by You or on Your behalf ; 7 liability arising out of Products Supplied other than:
2 liability arising from: a food or drink sold or supplied for consumption by Your
directors Your partners Employees or visitors; or
a design, formula, advice or specification provided by You
or on Your behalf for a fee or where a fee would b the disposal of furniture and office equipment originally
normally be charged; intended solely for use by You in connection with the
b breach of professional duty or malpractice of any nature Business and which is no longer required for that
by You or on Your behalf; purpose;
c the sale, supply or administration of drugs, medicines, 8 liquidated, damages fines or penalties;
chemicals or medical supplies or equipment of any kind 9 punitive, exemplary or aggravated damages or any
by You or on Your behalf; additional damages resulting from the multiplication of
d any treatment used, practised or performed by You or compensatory damages;
on Your behalf other than when performing first aid;
e any surgical operation or medical procedure by You or
on Your behalf;
3 liability for Bodily Injury caused to any of Your Employees
arising out of and in the course of such person’s
employment or engagement by You in the Business;
Professionals | 13Policy Booklet Section 1 | Public Liability
10 all liability in respect of Pollution or Contamination other Extensions
than that caused by a sudden identifiable, unintended and
unexpected incident which takes place in its entirety at a A Court Attendance Costs
specific time and place during any one Period of Insurance In the event of any of the undernoted persons attending
provided that: court as a witness at Our request in connection with a
a all Pollution or Contamination which arises out of any claim in respect of which You are entitled to indemnity
one incident will be deemed to have occurred at the under this Section We will pay compensation to You at the
time such incident takes place; following rates per day for each day on which attendance is
b Our liability for all damages (including interest thereon) required:
payable in respect of all Pollution or Contamination a £500 for You or any of Your directors or partners
which is deemed to have occurred during any one b £250 for any Employee.
Period of Insurance will not exceed in the aggregate the
Indemnity Limit stated in Section 1 of the Schedule; B Health and Safety at Work etc. Act 1974
c this Exclusion does not apply to the United States of We will indemnify You and at Your request any of Your
America and/or Canada and/or their dependencies or directors or partners or any Employee against legal costs
trust territories; and expenses incurred in defending prosecutions for a
breach of the Health and Safety at Work etc. Act 1974 or
11 all liability in respect of Pollution or Contamination
similar legislation in Northern Ireland, the Channel Islands
occurring in the United States of America and/or Canada
or the Isle of Man or the Construction (Design and
and/or their dependencies or trust territories;
Management) Regulations 1994 or any similar health and
12 liability arising in connection with any visits to or work on safety legislation committed or alleged to have been
any offshore rig or platform. A visit to or work on any committed in the course of the Business during the Period
offshore rig or platform will be deemed to commence at the of Insurance.
time of embarkation onto a conveyance at the point of final
We will also pay the prosecution costs You are legally liable
departure to such rig or platform and continue until the time
to pay and any other costs in appealing against any
of disembarkation from a conveyance onto land on return
judgment given.
from an offshore rig or platform;
Provided that
13 liability arising out of:
a this indemnity will not apply to:
a failure or partial failure of computer programs written,
devised, designed or adapted by You or on Your behalf i the payment of any costs or expenses incurred
to fulfil the purpose for which they were intended; without Our written consent; or
b Damage to computer systems and data processing ii the payment of fines or penalties;
media or loss, distortion or erasure of data contained b the prosecution relates to the health safety and welfare
therein; of any person other than an Employee;
c loss of data or provision of incorrect data or failure to c proceedings arise from an incident which relates to a
supply data; claim or potential claim under this Section.
14 liability arising out of: C Indemnity to Principals
a libel, slander or infringement of plans copyright patent We will at Your request indemnify any principal to the
trade name trade mark or registered design; extent required by the contract between You and the
b incorrect information or errors or omissions in published principal in respect of liability arising from the performance
materials. of work by You for such principal.
Provided that:
a We will retain sole conduct and control of any claim
b the principal will observe fulfil and be subject to the
terms, conditions, exclusions and limits of this Section
insofar as they can apply.
14 | ProfessionalsSection 1 | Public Liability Policy Booklet
D Defective Premises Act 1972 H Cross Liabilities
We will indemnify You in respect of liability incurred by You Where You comprise more than one party We will treat
under Section 3 of the Defective Premises Act 1972 or each party as if a separate Policy had been issued to each
Section 5 of the Defective Premises (Northern Ireland) provided that nothing in this Extension will increase Our
Order 1975 in connection with any business premises or liability beyond the amount for which We would have been
land disposed of by You. liable had this Extension not applied.
Provided that this Extension will not apply to: I Products Liability
a the cost of rectifying any damage or defect in the Despite Exclusion 7 of this Section We will indemnify You
premises or land disposed of; or against liability in respect of:
b liability for which You are entitled to indemnity under any 1 accidental Bodily Injury to any person;
other policy.
2 accidental Damage to Property;
E Leased or Rented Premises occurring anywhere within the Territorial Limits during the
Exclusion 4 of this Section will not apply to liability for Period of Insurance and caused by any Products Supplied
Damage to any premises (including their fixtures and in or from Great Britain, Northern Ireland, the Channel
fittings) leased, rented or hired to You. Islands or the Isle of Man.
Provided that We will not be liable for Damage by any cause Provided that:
against which the lease or tenancy agreement stipulates 1 Our liability under this Extension for all damages
that insurance will be effected by the lessee or tenant. (including interest thereon) payable in respect of all
F Motor Contingent Liability such accidental Bodily Injury or Damage to Property
during any one Period of Insurance will not exceed the
Despite Exclusion 5 of this Section We will indemnify You
Indemnity Limit stated in the Schedule;
in respect of liability arising out of the use of any motor
vehicle not belonging to or provided by You and being used 2 We will not be liable under this Extension in respect of:
in the course of the Business anywhere in Great Britain, a Damage to or the cost of repair, alteration,
Northern Ireland the Channel Islands or the Isle of Man replacement, removal or recall of any Products
Provided that this indemnity will not apply: Supplied which give rise to a claim hereunder or any
refund for such Products Supplied;
a in respect of Damage to the vehicle or any property
contained therein; b Products Supplied which to Your knowledge are to
be used as a critical part in connection with the
b whilst the vehicle is being driven
flying or navigation of any aircraft, spacecraft,
i by You; rocket, missile or satellite;
ii with Your consent by any person who does not hold c Products Supplied which to Your knowledge are
a licence to drive such a vehicle; exported to the United States of America and/or
c to liability which is insured or would but for the Canada and/or their dependencies or trust
existence of this Section be insured under any other territories unless otherwise agreed by Us.
insurance.
J Data Protection Legislation 2018
G Overseas Personal Liability We will indemnify You against any compensation claim in
We will indemnify You and at Your request any of Your respect of material or non-material damage where such
directors or partners or any Employee or any family damage occurs during the Period of Insurance and happens
member accompanying them while temporarily outside in connection with the Business, provided that You:
Great Britain, Northern Ireland, the Channel Islands or the a have complied in all respects with Your obligations
Isle of Man in connection with the Business against legal under the Data Protection (Charges and Information)
liability as defined in this Section incurred in a personal Regulations 2018;
capacity.
b are not in business as a computer bureau; and
Provided that this indemnity will apply:
c were acting as a sole and independent controller in respect
a to liability arising out of the ownership or tenure of any of the matter giving rise to the compensation claim.
land or building; or
b where indemnity is provided by any other insurance.
Professionals | 15Policy Booklet Section 1 | Public Liability
Our liability under this Extension (including all committed or alleged to have been committed in the
compensation, costs and expenses) will be limited to a course of the Business during the Period of Insurance
maximum amount of £500,000 in the aggregate and in any Provided that this indemnity will not apply to:
one Period of Insurance.
i the payment of fines or penalties;
Provided that this indemnity will not apply to:
ii proceedings or appeals in respect of any deliberate act
i any material or non-material damage caused by any or omission by You;
deliberate act or omission, by You, where such material
iii costs or expenses insured by any other policy.
or non-material damage could reasonably have been
expected by You having regard to the nature and L Corporate Manslaughter and Corporate Homicide Act
circumstances of such act or omission; 2007
ii any material or non-material damage caused by any act We will indemnify You against legal costs and expenses,
of fraud or dishonesty; incurred with Our prior written consent, in defence of any
iii the costs and expenses of rectifying, rewriting or criminal proceedings (including any appeal against
erasing data (including personal data); conviction arising from such proceedings) brought in
respect of a charge, or investigations in connection with a
iv liability arising from the recording, processing or
charge, of corporate manslaughter or corporate homicide,
provision of data for reward or to determine the financial
under the Corporate Manslaughter and Corporate Homicide
status of any person;
Act 2007 or any equivalent legislation in the Isle of Man or
v the payment by You of any regulatory fines or penalties; or the Channel Islands, committed or alleged to be committed
vi any material or non-material damage caused by: in the course of the Business during the Period of Insurance.
a any deliberate, reckless or negligent act of any of Provided that:
Your Employees; or a Our liability under this Extension will be limited to a
b any failure by an Employee to act in accordance with maximum amount of £1,000,000 in the aggregate and
Your internal policies, procedures and guidelines. in any one Period of Insurance;
For the purposes of this Extension: b this Extension will only apply to proceedings brought in
i “GDPR” means: Great Britain, Northern Ireland, the Isle of Man or the
The General Data Protection Regulation (EU) 2016/679. Channel Islands;
ii “compensation claim” means: c We must consent to the appointment of any solicitor or
Any sums which You become legally liable to pay as counsel, acting on Your behalf;
compensation to any data subject under and in d You must immediately notify Us of receipt of any
accordance with Article 82 of the GDPR, or any summons or other process, served upon You, which
equivalent legislation in the Isle of Man or the Channel may give rise to proceedings arising from the cover
Islands, or any similar or successor legislation, under this Extension; and
including the Data Protection Act 2018 (as may be e before We consent to fund any appeal, advice must
amended from time to time). have been received from Counsel that there is a strong
iii “controller” will have the meaning given to it in Article 4 probability that the appeal will be successful. Any
of the GDPR. information in support of this assertion requested by Us
will be supplied by You.
iv “material or non-material damage” will be interpreted in
accordance with Article 82 of the GDPR. It is understood that We will have no liability under this
Extension:
K Consumer Protection and Food Safety Acts
i if You have committed any deliberate or intentional
We will indemnify You and at Your request any of Your criminal act that gives rise to a charge of corporate
directors or partners against legal costs and expenses manslaughter or corporate homicide;
incurred with Our written consent in connection with the
ii for any fines or penalties, of any kind; or
defence of any proceedings or an appeal against conviction
arising from such proceedings brought for a breach of iii where You can obtain indemnity for the costs of
defending a criminal proceeding in relation to corporate
a Part 2 of the Consumer Protection Act 1987;
manslaughter or corporate homicide, from any other
or source or insurance or where but for the existence of
b Section(s) 7, 8, 14 and/or 15 of the Food Safety Act 1990, this Extension You would have obtained indemnity from
any other source or insurance.
16 | ProfessionalsSection 2 | Employers Liability Policy Booklet
Section 2 | Employers Liability
Definitions Cover
The Business includes We will subject to the Indemnity Limit stated in Section 2 of
a the ownership repair maintenance and decoration of Your the Schedule indemnify You against:
premises; 1 a all sums which You will become legally liable to pay as
b private work undertaken by any of Your Employees for You damages (including interest thereon); and
or with Your consent for any of Your directors or partners or b claimants’ costs and expenses if You are ordered to pay
other Employees; them or paid with Our written consent,
c the provision and management of canteen sports social in respect of the Occurrence stated in this Section;
and welfare organisations for the benefit of Employees and 2 all costs and expenses incurred by You with Our written
fire security first aid medical and ambulance services. consent in defending any claim;
Territorial Limits 3 the solicitor’s fees incurred with Our written consent for
i Great Britain, Northern Ireland, the Channel Islands or the representation at proceedings in any court of summary
Isle of Man; jurisdiction in respect of any alleged act causing or relating
to any Occurrence which may be the subject of indemnity
ii within any member country of the European Union where
under this Section or at any coroner’s inquest or fatal
any person is temporarily engaged on Your Business;
accident inquiry.
iii elsewhere in the world where any person is temporarily
engaged in non-manual work in connection with Your Special Conditions
Business.
You includes 1 Contractual Liability
a Your personal representatives in the event of Your death Insofar as concerns liability assumed by You under
but only in respect of liability incurred by You agreement which would not have attached in the absence
of such agreement this Section will only apply if We retain
b if You so request:
sole conduct and control of any claim.
i any of Your directors, partners or other Employees while
acting in connection with the Business provided that 2 Jurisdiction
You would have been entitled to indemnity under this The indemnity provided by this Section will only apply to
Section if the claim had been made against You; or any action for damages brought against You in any court
ii any officer or member of Your canteen, sports, social or or tribunal subject to the laws of England, Scotland, Wales,
welfare organisations and fire, security, first aid, medical Northern Ireland, the Channel Islands or the Isle of Man.
and ambulance services in their respective capacity as 3 Right of Recovery
such
The indemnity provided by this Section is deemed to be in
Provided that such persons will observe fulfil and are accordance with the provisions of any law relating to
subject to the terms conditions Exclusions and limits of this compulsory insurance of liability to Employees in Great
Section insofar as they can apply. Britain, Northern Ireland the Channel Islands and the Isle of
Man but You will repay to Us all sums paid by Us which We
Occurrence would not have been liable to pay but for the provisions of
Bodily Injury caused to any of Your Employees occurring such law.
anywhere in the Territorial Limits during the Period of 4 Certificate of Employers’ Liability
Insurance and arising out of and in the course of employment
If this Policy or Section is cancelled the current Certificate
or engagement of such person by You in the Business.
of Employers’ Liability Insurance is similarly cancelled from
the same date.
Indemnity Limit
Our liability (inclusive of all costs and expenses payable) under
this Section in respect of any one Occurrence or in the
aggregate in respect of a series of Occurrences arising out of
any one original cause will not exceed the Indemnity Limit.
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