Your Commercial Property Owners Package Policy (Fast Trade)
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BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page OFC1 Your Commercial Property Owners Package Policy (Fast Trade)
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page IFC2 Useful Telephone Numbers Claims Helpline (24 hours) 0800 015 1498 The Claims helpline can be used by anyone wishing to report a claim on any of Aviva’s new commercial insurance products. As soon as you know about the problem you face - we will start to put the solutions in place. Legal and Tax Helpline (24 hours) 0845 300 1899 Call this helpline anytime, day or night, for advice on any UK legal or tax matters. Given in confidence, the advice is free - all you pay for is the price of the call. Risk Services Helpline (office hours) 0845 366 66 66 Advice on safety, fire, security and other risk related issues. Ninety per cent of queries are dealt with on the spot, and we guarantee an answer within one working day. Counselling Service 0117 934 0105 A counselling service is available for your staff to help them deal with situations such as bereavement, divorce or even bullying at work. Please have your policy number ready. Telephone Call Recording For our joint protection telephone calls may be recorded and/or monitored
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 1 Introduction Thank You for choosing Us as Your insurer. This is Your Commercial Property Owners Package policy, setting out Your insurance protection in detail. Your premium has been based upon the information shown in The Schedule and recorded in the statement of fact. Please read it carefully to make sure that it meets Your requirements and that the details on The Schedule are correct. If after reading Your policy You have any questions, please contact Your insurance adviser. 1
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 2 Contents This policy is made up of individual Sections. It should be read together with The Schedule which indicates the Sections You are insured under and gives precise details of Your insurance protection. Page The Contract of Insurance 3 Our Promise to You 4 Complaints Procedure 4 Our Promise of Service Important Information 5 Choice of Law 5 Policy Definitions 6 Asset Protection Property Damage 9 Revenue Protection Business Interruption - Loss of Rent 23 Asset and Revenue Protection Terrorism 30 Legal Liabilities Employers’ Liability 33 Public and Products Liability 38 Property Owners Legal Protection 47 Policy Conditions 61 Policy Exceptions 65
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 3 The Contract of Insurance Your policy is a contract between Us and You, The Policyholder. The statement of fact and declaration which You have accepted will be the basis of the contract. In return for You having paid or agreed to pay the premium, We will indemnify You by payment or, at Our option, by reinstatement or repair, in respect of loss, destruction, damage, accident or injury occurring during the Period of Insurance, subject to the terms and exclusions contained in or endorsed on the policy. IMPORTANT This policy is a legal contract. You must tell Us about any facts or changes which affect Your insurance and which have occurred either since the policy started or since the last renewal date. If You are not sure whether certain facts are relevant please ask Your Insurance adviser. If You do not tell Us about relevant changes, Your policy may not be valid or the policy may not cover You fully. You should keep a written record (including copies of letters) of any information You give Us, when You renew this policy. 3
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 4 Complaints Procedure Our Promise of Service Our goal is to give excellent service to all Our customers but We recognise that things do go wrong occasionally. We take all complaints We receive seriously and aim to resolve all Our customers’ problems promptly. To ensure that We provide the kind of service You expect We welcome Your feedback. We will record and analyse Your comments to make sure We continually improve the service We offer. What will happen if You complain • We will acknowledge Your complaint promptly. • We aim to resolve all complaints as quickly as possible. Most of our customers’ concerns can be resolved quickly but occasionally more detailed enquiries are needed. If this is likely, We will contact You with an update within 10 working days of receipt and give You an expected date of response. What to do if You are unhappy If You are unhappy with any aspect of the handling of Your insurance We would encourage You, in the first instance, to seek resolution by contacting Your insurance adviser or usual Aviva point of contact. If You are unhappy with the outcome of Your complaint You may refer the matter to the Financial Ombudsman Service (FOS) at: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0800 023 4567 (free from landlines) or 0300 123 9123 (free from most mobile phones) Or simply log on to their website at www.financial-ombudsman.org.uk. Whilst We are bound by the decision of the FOS, You are not. Following the complaints procedure does not affect Your right to take legal action. 4
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 5 Important Information Choice of Law The appropriate law as set out below will apply unless You and Us agree otherwise: (1) The law applying in that part of the United Kingdom, Channel Islands or the Isle of Man in which you normally live or (if applicable) the first named policyholder normally lives; or (2) In the case of a business, the law applying in that part of the United Kingdom, Channel Islands or the Isle of Man where it has its principal place of business; or (3) Should neither of the above be applicable, the law of England and Wales will apply. Financial Services Compensation Scheme We are members of the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from this scheme if we cannot meet our obligations, depending on the type of insurance and the circumstances of your claim. Further information about the scheme is available from the FSCS website www.fscs.org.uk, or write to Financial Services Compensation Scheme, 7th floor Lloyds Chambers, Portsoken Street, London, E1 8BN. Use of Language Unless otherwise agreed, the contractual terms and conditions and other information relating to this contract will be in English. Customers with Disabilities This policy and other associated documentation is also available in large print, audio and Braille. If you require any of these formats please contact Your Insurance adviser. 5
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 6 Policy Definitions Each time We use one of the words or phrases (3) contained on any current and back-up disks, listed below, it will have the same meaning tapes or other materials or devices used for wherever it appears in Your policy unless an the storage of data, alternative definition is stated to apply. A including but not limited to operating systems, defined word or phrase will start with a capital records, programs, software or firmware, code letter each time it appears in the policy. or series of instructions. Each Section of the policy contains definitions. They must be read in conjunction with the Data Storage Materials following Policy Definitions. Any materials or devices used for the storage or representation of Data including but not Buildings limited to disks, tapes, CD-ROMs, DVDs, memory Buildings including Landlords’ fixtures and fittings, sticks, memory cards or other materials or the items insured under the Contents of Common devices which may or may not also constitute Parts Clause, walls, gates, fences, yards, car parks, Computer and Electronic Equipment. road, pavements, outbuildings, underground pipes, cables and wires belonging to You or for Denial of Service Attack which You are responsible at The Premises. Any actions or instructions with the ability to damage, interfere with, or otherwise affect the Computer and Electronic Equipment availability of Computer and Electronic Equipment All computers, computer installations and or Data, including but not limited to the generation systems, microchips, integrated circuits, of excess traffic into network addresses, the microprocessors, embedded systems, hardware, exploitation of system or network weaknesses, and and any electronic equipment, data processing the generation of excess or non genuine traffic equipment, information repository, within, between or amongst networks. telecommunication equipment, computer controlled or programmed machinery, Employee equipment capable of processing data and/or similar devices, whether physically or remotely Any person who is connected thereto. (1) under a contract of service or apprenticeship with You Cyber Vandal (2) borrowed by or hired to You The person or persons, whether identified or (3) a labour master or supplied by a labour not, responsible for, or involved with, creating a master Virus or Similar Mechanism or a Denial of Service Attack, unauthorised access to or use of (4) employed by labour only sub-contractors Computer and Electronic Equipment. (5) self employed (6) under a work experience or training scheme Data (7) a voluntary helper All information which is while working under Your control in connection (1) electronically stored, or with The Business (2) electronically represented, or (8) an outworker or homeworker when engaged in work on Your behalf. 6
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 7 Failure Money Any partial or complete reduction in the Current (1) performance, or (1) coin, bank and currency notes (2) availability, or (2) postal and money orders, bankers drafts, cheques and giro cheques (3) functionality, or (3) crossed warrants, bills of exchanges and (4) the ability to recognise or process any date securities for money or time, (4) postage, revenue, national insurance and of any holiday with pay stamps (a) Computer and Electronic Equipment (5) national insurance and holiday with pay cards, national savings certificates, war (b) electronic means of communication bonds, premium savings bonds and franking (c) web site. machine impressions (6) credit company sales vouchers, luncheon Landlords Contents vouchers and trading stamps Contents belonging to You or held in trust for (7) VAT invoices. which You are responsible, at The Premises but not including Computer and Electronic Equipment. Period of Insurance From the effective date until the expiry date Loss of Data (both shown in The Schedule) or any subsequent period for which We accept Physical or electronic or other loss or payment for renewal of this policy. destruction or alteration or loss of use, whether permanent or temporary, of or damage to Data, of whatsoever nature, in whole or in part, Residential Unit including, but not limited to Loss of Data Any individual self contained living area within resulting from loss or damage to Computers the Buildings. and Electronic Equipment or Data Storage Materials, including while stored on Data Specified Contingency Storage Materials. (1) fire Malicious Contingency (2) lightning (1) riot, civil commotion, strikers, locked out (3) explosion workers or persons taking part in labour (4) aircraft and other aerial devices or articles disturbances. dropped from them (2) malicious persons other than thieves and (5) earthquake Cyber Vandals. (6) storm or flood (7) escape of water from any tank apparatus or pipe (8) falling trees (9) impact (10)escape of fuel from any fixed oil heating installation. 7
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 8 The Business Activities directly connected with the business specified in The Schedule. The Premises The premises specified in The Schedule. The Schedule The document which specifies details of The Policyholder, The Premises, Property Insured, Sums insured, Limits of Indemnity and any Excesses, Endorsements and Conditions applying to the policy. Virus or Similar Mechanism Program code, programming instruction or any set of instructions with the ability to damage, interfere with, or otherwise adversely affect Computer and Electronic Equipment or Data, whether involving self-replication or not, including, but not limited to trojan horses, worms and logic bombs. We/Us/Our Aviva Insurance Limited. You/Your/The Policyholder The persons, companies, partnerships or unincorporated associations named in The Schedule as The Policyholder. 8
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 9 Asset Protection Property Damage Section Excess The amount(s) specified in this Section and the Definitions Schedule which We will deduct from each and every claim at each separate location. The (Also refer to the Policy Definitions at the front amount(s) to be deducted after the application of this policy booklet). of the Average condition. The following definitions apply to this Section and shall keep the same meaning wherever Property Insured they appear in the Section, unless an alternative definition is stated to apply. Property insured as stated in The Schedule. Damage Cover Accidental loss, destruction or damage. We will indemnify You in respect of Damage to the Property insured occurring during the Defined Contingency Period of Insurance at The Premises. The Sum Insured under each item other than (1) fire items applying solely to fees, rent, removal of (2) lightning debris, private dwelling houses, churches or (3) explosion buildings in course of erection is separately subject to Average. See Condition 1. (4) aircraft and other aerial devices or articles dropped from them The maximum We will pay in respect of any one Period of Insurance will not exceed (5) riot, civil commotion, strikers, locked out workers, persons taking part in labour (1) the Sum Insured on each item disturbances or (6) malicious persons other than thieves (2) the Total Sum Insured (7) earthquake or (8) storm (3) any other maximum amount payable or limit (9) flood of liability (10) escape of water from any tank, apparatus specified in this Section or The Schedule. or pipe (11) falling trees (12) impact (13) escape of fuel from any fixed oil heating installation (14) theft or attempted theft. 9
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 10 Exceptions However, We will indemnify You in respect of The following exceptions apply to this Section. (i) Damage not otherwise excluded which results from a Defined Contingency or (Also refer to the Policy Exceptions at the back any other accidental cause of this policy booklet.) (ii) any subsequent Damage which results We will not indemnify You in respect of from a cause not otherwise excluded. (1) Damage to the Property Insured caused by (3) Damage caused by pollution or or consisting of contamination (a) an existing or hidden defect However, We will indemnify You in respect (b) gradual deterioration or wear and tear of Damage not otherwise excluded to the Property Insured caused by (c) frost or change in the water table level (a) pollution or contamination which (d) faulty design or faulty materials used in results from a Defined Contingency its construction (b) a Defined Contingency which results (e) faulty workmanship, operating error or from pollution or contamination. omission by You or any Employee (4) Damage caused by or consisting of However, We will indemnify You in respect of any subsequent Damage which results (a) subsidence, ground heave or landslip from a cause not otherwise excluded. unless resulting from fire, explosion, earthquake or escape of water from (2) Damage caused by or consisting of any tank, apparatus or pipe (a) (i) corrosion, rust or rot (b) normal settlement of new structures (ii) shrinkage, evaporation or loss of (c) acts of fraud or dishonesty weight (d) (i) disappearance (iii) dampness or dryness (ii) unexplained or inventory shortage (iv) scratching (iii) misfiling, misplacing of information (v) vermin or insects or clerical error. (vi) mould or fungus (5) Damage to a structure caused by its own (b) change in collapse or cracking. (i) temperature However, We will indemnify You in respect (ii) colour of such Damage if it results from a Defined Contingency and is not otherwise excluded. (iii) flavour (6) Damage to (iv) texture or finish (a) gates (c) nipple or joint leakage or failure of welds (b) fences (d) cracking, fracturing, collapse or overheating of a boiler, vessel, machine or (c) moveable property in the open apparatus in which internal pressure is due to steam only and any associated piping (e) mechanical or electrical breakdown or derangement of the Property Insured. 10
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 11 by (e) property in the course of construction, including materials for use in (i) wind construction (ii) rain, hail, sleet or snow (f) land, roads or pavements, piers, jetties, (iii) flood bridges, culverts or excavations (iv) dust. (g) livestock (7) Damage (h) growing crops or trees (a) by fire resulting from its undergoing However, We will indemnify You in respect any process involving the application of of Damage to such property if the property heat is specifically stated as insured in The (b) to that portion of any item caused by Schedule and not otherwise excluded. its own self ignition, leakage of (11) Damage electricity, short circuiting, or over (a) insured by any marine policy running (b) which would be insured under any (c) resulting from its undergoing any marine policy if this policy did not exist process of However, We will indemnify You in respect (i) production or packaging of Damage not otherwise excluded for any (ii) treatment, testing or commissioning sum beyond the amount which would have (iii) servicing or repair. been payable under the marine policy had the insurance not existed. However, We will indemnify You in respect of such Damage if it is caused by fire or (12) Damage more specifically insured by You or explosion. on Your behalf. (8) Damage while any building is unoccupied (13) consequential loss. or caused by escape of water as a result of However, We will indemnify You in respect freezing of any automatic sprinkler of rent when this cover is specified in The installation in The Premises. Schedule and the Damage is not otherwise (9) Damage in respect of china, earthenware, excluded. marble or other fragile objects not forming (14) Damage by pressure waves from aircraft or part of the Buildings, unless specifically aerial devices travelling at sonic or mentioned in The Schedule. supersonic speeds. However, We will indemnify You in respect (15) any Damage whatsoever resulting directly of such loss or Damage if it results from a or indirectly from or in connection with any Defined Contingency and is not otherwise of the following regardless of any other excluded. cause or event contributing concurrently or (10) Damage in respect of in any other sequence to the loss (a) vehicles licensed for road use including (a) Terrorism accessories on or attached to them (b) civil commotion in Northern Ireland (b) caravans or trailers (c) any action taken in controlling, (c) railway locomotives or rolling stock preventing, suppressing or in any way relating to (15)(a) and/or (15)(b) above. (d) watercraft or aircraft 11
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 12 Terrorism means Conditions (i) In respect of Damage occurring in The following conditions apply to this Section. England, Wales and Scotland only (Also refer to the Policy Conditions at the back (but not the territorial seas adjacent of this policy booklet). thereto as defined by the Territorial Seas Act 1987 nor the Isle of Man or the Channel Islands) acts of persons (1) Average acting on behalf of or in connection Where a Sum Insured is stated to be subject with any organisation which carries to average, this means that if at the time of out activities directed towards the Damage, the Sum Insured is less than the overthrowing or influencing by total value of the property, You will force or violence Her Majesty’s government in the United Kingdom (a) be responsible for the difference or any other government in the (b) bear a proportionate share of the loss. United Kingdom or any other government de jure or de facto (2) Fire Extinguishing Appliances (ii) in respect of Damage occurring in If in relation to any claim for Damage any territory not specified in (i) caused by or resulting from fire, You have above any act or acts including but failed to fulfil the following condition, You not limited to will lose Your right to indemnity or • the use or threat of force and/or payment for that claim. violence You must maintain all fire extinguishing and/or appliances on The Premises, so far as Your • harm or damage to life or to responsibility extends, in proper working order. property (or the threat of such harm or damage) including but (3) Our Rights not limited to harm or damage If Damage occurs which may lead to a claim by nuclear and/or chemical We may and/or biological and/or radiological means (a) enter or take possession of the building or The Premises caused or occasioned by any person(s) or group(s) of persons or so claimed in (b) take possession of, or require to be whole or in part for political, religious, delivered to Us, Property Insured which ideological or similar purposes. We will deal with in a reasonable manner In any action, suit or other proceedings without incurring liability or reducing Our where We allege that any Damage results rights. from Terrorism as defined above and is We will not pay for Damage if You or therefore not covered by this Section, the anyone acting on Your behalf burden of proving that any such Damage is covered under this Section will be upon You. (i) do not comply with Our requirement. (16) the Excess stated in The Schedule. (ii) hinder or obstruct Us. You are not entitled to abandon property to Us. 12
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 13 (4) Statutory Inspection of Plant (e) advise Us immediately if the buildings are to be occupied by contractors for Any item of plant and machinery belonging renovation, alteration or conversion to You or under Your control which requires purposes or if the buildings are to to be examined to comply with any become occupied or used. Statutory Regulations must be inspected in accordance with such Regulations. (6) Unoccupied Premises - Sprinklered Failure to comply with this will invalidate cover in respect of an explosion originating within If in relation to any claim for Damage in and causing damage to the item of plant. respect of any unoccupied or disused buildings, You have failed to fulfil any of the following conditions, You will lose Your right (5) Unoccupied Premises - Non to indemnity or payment for that claim. Sprinklered You must If in relation to any claim for Damage in (a) carry out internal and external inspections respect of any unoccupied or disused of the buildings at least every 7 days buildings, You have failed to fulfil any of the following conditions, You will lose Your right (i) maintain a weekly log of such to indemnity or payment for that claim. inspections You must (ii) as soon as possible, repair or arrange to be repaired, any defects found (a) carry out internal and external inspections of the buildings at least (iii) carry out a monthly management every 7 days check of the weekly inspections log. (i) maintain a weekly log of such (b) remove all waste, combustible materials inspections and gas bottles, either within or outside the buildings, from The Premises (ii) as soon as possible, repair or arrange to be repaired, any defects found (c) securely lock all external doors, close and secure all windows, and secure and (iii) carry out a monthly management seal all letter boxes and openings check of the weekly inspections log. (d) turn off all sources of power, fuel and (b) remove all waste, combustible materials water at the mains and wherever possible, and gas bottles, either within or outside chain and padlock the isolation valves the buildings, from The Premises However (c) securely lock all external doors, close and secure all windows, and secure and (i) where the buildings are protected seal all letter boxes and openings by an Intruder Alarm System, You must provide sufficient power to (d) turn off all sources of power, fuel and operate the system water at the mains and wherever possible, chain and padlock the (ii) where the buildings are protected by isolation valves a wet sprinkler installation, provide sufficient heat to prevent freezing or However, where the buildings are bursting of the sprinkler installation. protected by an Intruder Alarm System, You must provide sufficient power to operate the system. 13
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 14 (e) advise us immediately if the buildings However, We will not pay more than We are to be occupied by contractors for would have done if the property has been renovation, alteration or conversion completely destroyed. purposes or if the buildings are to The work of reinstatement become occupied or used. (1) may be carried out on another site and in a manner suitable to Your needs, but this Clauses must not increase Our liability The following clauses apply to this Section. (2) must begin and be carried out as quickly as possible. Adjoining Buildings The following condition of Average will apply. In respect of Damage caused by subsidence, If the Sum Insured at the time the Damage ground heave or landslip, You will notify Us occurred is less than 85% of the amount immediately of any demolition, construction, necessary to replace the whole of the Property erection, groundworks or excavation being carried Insured at the time of rebuilding or out on any adjoining site. We will then have the replacement, You will be liable to bear a right to vary the terms of or cancel this Cover. proportionate share of the loss. We will not make payment Automatic Reinstatement (1) until You have incurred the cost of The Sums Insured stated in The Schedule will replacing or repairing the Property Insured not be reduced by the amount of any claim unless We or You give notice to the contrary. (2) if You, or someone acting on Your behalf, have insured the property under another You must pay the additional premium required policy which does not have a similar basis of to reinstate the Sums Insured. reinstatement Basis of Claim Settlement - (3) if you do not comply with any of the terms of this clause. Reinstatement (3) We will indemnify You in respect of loss of In the event of Damage to Property Insured, rent as insured under this Section resulting other than pedal cycles, personal belongings from the building or any part of the building rent or motor vehicles, the basis upon which We will calculate the amount We will pay for (a) generating the rent received any claim will be the reinstatement of the or property lost, destroyed or damaged, as follows (b) for which rent is payable Where such Property Insured is being made unfit for The Business due to (1) lost or destroyed, We will pay for its Damage insured by this Section. rebuilding or replacement by similar property The maximum amount that We will pay You in a condition as good as, but not better or under this clause will be the proportion of more extensive than, its condition when new the Sum Insured which equals but does not (2) damaged, We will pay for replacement or exceed the proportion of the period of rent repair of the damaged portion to a insured necessary to make the building fit condition as good as, but not better or more for occupation. extensive than, its condition when new. 14
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 15 Capital Additions Changing Locks We will indemnify You in respect of Damage to We will indemnify You in respect of the cost of changing locks at The Premises following loss of (1) any newly built and/or newly acquired building keys by theft or attempted theft from (2) alterations, additions and improvements to (1) The Premises an insured building but not in respect of any appreciation in value (2) Your home situated anywhere in England, Wales, Scotland, (3) Your director’s homes Northern Ireland, the Channel Islands and the (4) Your authorised Employees homes Isle of Man. or while in Your custody or that of an Employee The maximum We will pay in respect of any one following theft involving violence or threat of location is violence to You or an Employee. (1) £1,000,000 in respect of any newly built The maximum We will pay for any one loss is and/or newly acquired building £2,500. (2) £250,000 in respect of alterations, additions and improvements to the building Construction Heating and Occupation whichever is the lower. of the Buildings You must Unless otherwise stated in The Schedule the (a) provide Us with details of such additional buildings are extensions as soon as possible but, in any (1) constructed of brick, stone or concrete event, (2) roofed with slates, tiles, concrete, metal or (i) within six months asbestos and with no more than 10% of other materials (ii) before the expiry of the Period of (3) heated by Insurance (i) low pressure hot water or steam and (ii) oil fired space heaters fed from a fuel (b) specifically insure such property with Us tank in the open from the date Our liability commenced. (iii) overhead gas or electrical appliances You must pay the agreed additional premium. (iv) gas or electric fires in offices only Change of Occupancy or as expressly varied in accordance with details provided to Us. You must tell Us immediately if (4) occupied for the sole purpose of The (1) any building or part thereof at The Premises Business and otherwise only as a becomes unoccupied or disused private dwelling. (2) any unoccupied or disused building or any part thereof at The Premises becomes Contents of Common Parts occupied. This term includes contents and furnishings owned by You or for which You are responsible whilst contained in the common parts of the Property Insured. 15
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 16 We will not indemnify You in respect of Debris Removal (1) china or other fragile or brittle objects The Sum Insured for each item in The Schedule, exceeding £1,000 other than rent if insured, includes costs and (2) computers and data processing equipment expenses You incur with Our consent for (3) curios, rare books, works of art or articles of (1) removal of debris antique furniture exceeding £1,000 in value (2) dismantling any one article (3) demolishing unless specifically mentioned as insured in The Schedule. (4) shoring up or propping The maximum We will pay is for any one loss is of those parts of the Property Insured which £25,000. have suffered Damage. We will not indemnify You in respect of costs Contractors Interest and expenses Where You are required to effect insurance on (1) incurred in removing debris from anywhere the Property Insured in the joint names of You other than the site of the Damage and the and the contractor under the terms of a contract area immediately adjacent to it condition then the interest of the contractor in (2) arising from pollution or contamination of the Property Insured as joint Policyholder is property not insured by this Section hereby noted and You must provide Us with (3) more specifically insured. details of any single contract valued in excess of £250,000 prior to work commencing and pay an additional premium if required. Description of Property In determining the item under which property Damage to Grounds is insured We will accept the description given in Your business records. We will indemnify You in respect of reasonable costs and expenses necessarily incurred in reinstating or repairing landscaped gardens and Drains grounds, belonging to You or for which You are The Sum Insured for each Buildings item responsible, following Damage at The Premises. includes costs and expenses You incur with Our We will not indemnify You in respect of consent for cleaning and/or clearing of (1) the cost of moving soil other than as (1) drains necessary for surface preparation (2) sewers (2) the failure of trees, shrubs, plants or turf to (3) gutters become established for which You are responsible following (3) the failure of seeds to germinate Damage insured by this Section to the (4) damage caused by disease, infection or Property Insured. application of chemicals. The maximum We will pay in respect of any one claim is £25,000. 16
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 17 European Union and Public Authorities Fire Extinguishing Expenses and Alarm In the event of Damage to Buildings or Re-setting Costs Landlords Contents furniture item, We will pay We will indemnify You in respect of reasonable the additional cost of reinstating the Property costs and expenses incurred in refilling, Insured necessary to comply with any recharging or replacing any (1) European Union Legislation (1) portable fire extinguishing appliances (2) Act of Parliament (2) local fire suppression system (3) Bye-Laws of any public authority. (3) fixed fire suppression system We will not indemnify You in respect of (4) sprinkler installation (1) costs incurred (5) sprinkler heads (a) in respect of Damage not insured by and having any fire and/or intruder alarms and this Section closed circuit television equipment re-set (b) where notice was served on You before as a result of Damage insured by this Section. the Damage occurred We will not indemnify You in respect of any (c) where an existing requirement must be costs and expenses recoverable from Your completed within a stipulated period maintenance company or fire and rescue service. (d) for property or parts of the property, other than foundations (unless The following clause is only foundations are specifically excluded), applicable where Property Damage – which have not suffered Damage. All Risks is insured (2) any charge or assessment arising from capital appreciation following compliance Glass with any legislation or Bye-Law. We will indemnify You in respect of The reinstatement of the Property Insured (1) breakage (including the cost of boarding (1) must begin and be carried out as quickly as up) of glass at The Premises including possible (a) the cost of removing and reinstating (2) may be carried out on another site and in a obstructions to replacing glass. manner suitable to Your needs but this must not increase Our liability. (b) the cost of replacing alarm foil, lettering, painting, embossing, silvering However, the maximum We will pay will not or other ornamental work on glass. exceed the item Sum Insured specified in The Schedule. (2) breakage of fixed (a) wash hand basins, pedestals, baths, sinks (b) lavatory bowls, bidets, cisterns (c) shower trays, splashbacks at The Premises. 17
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 18 We will not indemnify You in respect of Money and Assault (1) breakage of glass (a) while The Premises are unoccupied or Money disused We will pay for loss Money up to the following (b) in transit or while being fitted amounts (c) by workmen carrying out alterations or Limit any repairs to The Premises. one loss (2) the Excess stated in The Schedule. (1) any single loss of business Money (a) in transit £2,000 Loss of Metered Utilities (b) in bank night safes and £2,000 We will pay for charges for which You are afterwards within bank responsible, if water, gas or electricity is premises until at the accidentally discharged from a metered system bank’s risk providing service to The Premises. (c) in Your home or the home £500 The maximum We will pay in respect of any one of any Employee, partner claim is £10,000. or director (2) any single loss in respect of £250,000 Loss of Rent and Alternative crossed cheques, cross postal Accommodation or money orders, crossed bankers drafts, stamped We will indemnify You if a residence cannot be national insurance cards lived in or if access to it is denied as a result of Damage in respect of We will not pay for (1) (a) loss of rent, including ground rent and (1) losses due to the dishonesty of You, Your management charges, You should have Employees, partners or directors received but have lost (a) not discovered within seven working (b) (i) the cost of reasonable alternative days of the loss. accommodation incurred by any (b) where a more specific insurance is in owner or lessee if this is necessary force, except for any amount in excess (ii) the cost of reasonable of that insurance. accommodation in kennels and/or (2) shortages due to clerical or accounting catteries for dogs and/or cats errors. belonging to any owner or lessee in (3) loss of Money from unattended vehicles. residence, where such pets are not permitted in any alternative (4) loss or Damage outside Great Britain, accommodation. Northern Ireland, the Republic of Ireland, the Channel Islands and the Isle of Man. (2) temporary storage of Your furniture. The maximum We will pay in respect of any claim is 20% of the Sum Insured on the building in which the Residential Unit is contained. 18
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 19 Assault However, You must We will pay (a) notify Us immediately You become aware of any such act, omission or alteration (1) the compensation stated below to You for Bodily Injury to an Insured Person caused by and the theft or attempted theft of Money, (b) pay any additional premium required. which happens in the course of The Business and resulting in the following contingencies Professional Fees (a) death £10,000 The Sum Insured for each Buildings Item (b) total and permanent loss described in The Schedule, includes an amount of sight in one or both eyes £10,000 for professional fees necessarily incurred in (c) loss of one or both limbs £10,000 reinstating or repairing the Property Insured, following Damage insured by this Section. (d) total disablement which prevents the Insured Person We will not indemnify You in respect of fees from pursuing their (1) more specifically insured normal occupation £100 per (2) incurred in preparing a claim. week (e) reimbursement of incurred Reinstatement to Match medical expenses up to £250 Where the Property Insured has suffered (2) up to £250 in respect of such Insured Person Damage, You may replace, repair or restore the for Damage to their personal effects property with equivalent property which following an attempted theft to steal employs current technology, and replacement, Money covered by this Clause. repair or restoration with such property for the purposes of this Section shall not be regarded Mortgage and Other Interests as being better or more extensive than when Subject to Your consent, the interest of all new. This Section further extends to include the parties who wish to register an interest in the replacement or modification of undamaged Cover by this Section will be noted provided property insofar as it is necessary to adapt it to that all such interests are notified to Us within operate in conjunction with that property 30 days of any Damage. which has been replaced, repaired or restored provided that Our total liability is not increased beyond the amount that would otherwise have Non-invalidation been payable for the replacement, repair or The insurance by this Section will not be restoration of the property destroyed or invalidated by any damaged in its original form. (1) act When the Property Insured is damaged or destroyed in part only, We will not pay more or than the amount representing the cost which (2) omission We would pay for reinstatement if such or property had been wholly destroyed. (3) alteration either unknown to You or beyond Your control, which increases the risk of Damage. 19
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 20 Subrogation We will not indemnify You in respect of In the event of a claim arising under this (a) property insured elsewhere Section, we agree to waive any rights, remedies (b) Damage occurring elsewhere than at The or relied to which We may be entitled by Premises to motor vehicles or motor chassis subrogation against any company licensed for normal road use (1) whose relationship to You is either a parent (c) property removed for more than 90 to subsidiary or subsidiary to parent consecutive days unless We agree a longer (2) which is a subsidiary of a parent company period in writing. of which You are a subsidiary as defined within the relevant legislation Trace and Access current at the time of Damage. We will pay reasonable costs and expenses (3) any tenant of Yours provided that incurred with Our consent (a) the tenant or lessee contributes to (1) in locating the actual source of Damage the cost of insuring the Property and Insured against the event which (2) any repairs directly arising from (1) caused the Damage caused by the escape of water from any tank, (b) the Damage did not result from a apparatus or pipe or leakage of fuel from any breach of the terms of the lease by fixed oil heating installation, provided such the tenant or lessee Damage is insured by this Section. (c) the Damage did not result from a We will not indemnify You in respect of costs or criminal, fraudulent or malicious act expenses incurred where Damage results solely of the tenant or lessee. from a change in the water table level. Temporary Removal for Cleaning or The maximum We will pay in respect of any or all claims in any one Period of Insurance is £25,000. Renovation We will indemnify You in respect of Damage Transfer of Interest insured by this Section other than to Stock and Materials in Trade, while temporarily removed If at the time of Damage to a building insured for cleaning, renovation or repair or similar under this Section You have entered into a purposes contract to sell Your interest in it but (1) to another part of The Premises (1) the contract has not yet been completed (2) to any other premises in England, Wales, and Scotland, Northern Ireland, the Republic of (2) the Building has not yet been insured by or Ireland, the Channel Islands and the Isle of on behalf of the purchaser Man including whilst in transit by road, rail and or inland waterway. (3) the purchase is subsequently completed. The maximum We will pay is 10% of the item Sum Insured after the deduction of the value of We will indemnify the purchaser to the extent any building and Stock and Materials in Trade that this Section insures the Building. included within the Item insured. 20
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 21 This will not affect either Your or Our rights (2) Damage as a result of movement of solid and liabilities up to the date of completion of floor slabs the purchase. However, We will indemnify You if there is Damage to the foundations beneath Workmen the exterior walls of The Premises at the Repairs and minor structural alterations may be same time. carried out at The Premises without affecting (3) the Excess stated in The Schedule. the Cover. Additional Clause Additional Contingency The following Additional Clause applies to this The following Additional Contingency applies Section if stated in The Schedule. to this Section only if stated in The Schedule. Day One (Non Adjustable) Subsidence For each item of Property Insured to which this We will indemnify You in respect of Damage clause applies (as stated in The Schedule), at The Premises caused by subsidence or (1) the first and annual premiums are based ground heave of the site of the Property upon the Declared Value as stated in The Insured, or landslip. Schedule. We will only indemnify You in respect of Declared Value shall mean Damage to Your assessment of the cost of reinstatement (1) forecourts, car parks, driveways, footpaths, of the Property Insured arrived at in swimming pools, terraces or patios accordance with paragraph (1) of the Basis (2) walls, gates, hedges or fences of Settlement – Reinstatement Clause at the if level of costs applying at the start of the (a) such property is specifically insured by Period of Insurance (ignoring inflationary this Section factors which may operate subsequently) together with an allowance for and (a) the additional cost of reinstatement to (b) damage also occurs to the building to comply with which such property applies and that building is insured by this Section. (i) European Union Legislation We will not indemnify You in respect of (ii) Act of Parliament (1) Damage caused by (iii) Bye-Laws of any public authority (a) collapse, cracking, shrinking or (b) professional fees settlement of any building (c) debris removal costs. (b) coastal or river erosion The Declared Value incorporated in each (c) defective design or inadequate Item is stated in The Schedule. construction of foundations (2) You must notify Us of the Declared Value at (d) demolition, structural alteration or repair the start of each Period of Insurance. (e) settlement or movement of made-up If You fail to notify Us of the Declared ground. Value at the start of any Period of 21
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 22 Insurance, We will use the last Declared Value notified to Us for the following Period of Insurance. (3) Paragraphs (4) and (5) of the Basis of Settlement – Reinstatement Clause are restated as follows (4) if, at the time of Damage, the Declared Value is less than the cost of reinstatement of the Property Insured, arrived at in accordance with paragraph (1) of this Clause, at the start of the Period of Insurance, Our liability for any Damage will be limited to that proportion which the Declared Value bears to the cost of reinstatement of the Property Insured arrived at in accordance with paragraph (1) of this Clause. (5) We will not pay under this Clause (a) until You have incurred the cost of replacing or repairing the property (b) if You, or someone acting on Your behalf, have insured the property under another policy which does not have the same basis of reinstatement (c) if You do not comply with any of the provisions of this Clause. However, the Sums Insured will be limited to 108% of the Declared Values stated in The Schedule. 22
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 23 Revenue Protection Business Interruption – Loss (3) Defined Contingency of Rent Section fire lightning Definitions explosion (Also refer to the Policy Definitions at the front aircraft and other aerial devices or articles of this policy booklet.) dropped from them The following definitions apply to this Section riot, civil commotion, strikers, locked out and shall keep the same meaning wherever workers, persons taking part in labour they appear in the Section, unless an alternative disturbances definition is stated to apply. malicious persons other than thieves (1) (a) Annual Gross Rentals earthquake storm Gross Rentals during the 12 months immediately before the date of the flood Damage escape of water from any tank, apparatus or pipe (b) Standard Gross Rentals falling trees Gross Rentals during that period in the impact 12 months immediately before the date of the Damage which corresponds with escape of fuel from any fixed oil heating the Indemnity Period installation Annual Gross Rentals and Standard Gross theft or attempted theft. Rentals may be adjusted to reflect any trends or circumstances which (4) Gross Rentals (i) affect The Business before or after Money paid or payable to You by tenants the Damage for rental of The Premises and for the (ii) would have affected The Business services provided in connection with The had the Damage not occurred. Business at The Premises. The adjusted figures will represent, as near as possible, the results which would have (5) Indemnity Period been achieved during the same period had The period during which The Business the Damage not occurred. results are affected due to the Damage, beginning with the date of the Damage (2) Damage and ending not later than the Maximum Indemnity Period. Accidental loss, destruction or damage. (6) Maximum Indemnity Period The number of months stated in The Schedule, unless amended in any Additional Contingency. 23
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 24 Notes (2) any additional expenses You incur to prevent or limit the reduction in Gross Rentals during 1. All terms in this Section exclude Value the Indemnity Period due to the Damage. Added Tax to the extent that You are accountable to the tax authorities for However, We will not pay more than We Value Added Tax. would pay under (1) above. The maximum We will pay in respect of any one Cover claim for Damage is the Sum Insured on each item specified in The Schedule. We will indemnify You in respect of loss of Gross Rentals resulting from Damage to property used by You at The Premises for the Exceptions purpose of The Business The following exceptions apply to this Section. (1) not excluded by the Property Damage (Also refer to the Policy Exceptions at the back Section of this policy of this policy booklet.) (2) caused by a Defined Contingency to We will not indemnify You in respect of (a) glass, not being fixed glass from (1) Damage caused by the deliberate act of a forming part of the structure of the supply undertaking in withholding the building supply of water, gas, electricity, fuel or (b) china, earthenware, marble or other telecommunications services. fragile object However, We will indemnify You in respect (c) vehicles licensed for road use including of loss resulting from Damage accessories on or attached to them (a) caused by a Defined Contingency or (d) caravans or trailers from any other Damage not otherwise excluded (e) railway locomotives or rolling stock (b) from an ensuing cause which is not (f) water craft or aircraft excluded. (g) property in the course of construction (2) erasure or distortion of information on including materials for use in the computer systems or other records construction (a) while mounted in or on any machine or (h) land, roads or pavements, piers, jetties, data processing equipment, bridges, culverts or excavations or (i) livestock (b) due to the presence of magnetic flux subject to the provisions of the Property Cover condition and not otherwise excluded by unless caused by Damage to the equipment the terms of the Property Damage Section of in which the records are mounted. this policy. (3) change in the water table level. The amount payable will be (4) any loss or Damage whatsoever resulting (1) the amount by which the Gross Rentals falls from directly or indirectly from or in short of the Gross Rentals which would connection with any of the following have been received during the Indemnity regardless of any other cause or event Period due to the Damage contributing concurrently or in any other sequence to the loss and 24
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 25 (a) Terrorism Section the burden of proving that any such Damage is covered under this Section will be (b) civil commotion in Northern Ireland upon You. (c) any action taken in controlling, preventing, suppressing or in any way relating to (4) (a) and/or (4) (b) above. Conditions Terrorism means The following conditions apply to this Section. (i) in respect of loss or Damage (Also refer to the Policy Conditions at the back occurring in England, Wales and of this policy booklet.) Scotland only (but not the territorial seas adjacent thereto as defined by Alteration the Territorial Seas Act 1987 nor the We will not indemnify You in respect of Isle of Man or the Channel Islands) Damage if acts of persons acting on behalf of or in connection with any (1) The Business is organisation which carries out (a) wound up or carried on by a liquidator activities directed towards the overthrowing or influencing by (b) permanently discontinued force or violence of Her Majesty’s (2) Your interest ceases otherwise than by government in the United Kingdom Your death. or any other government de jure or However, We will indemnify You if We agree de facto otherwise in writing. (ii) in respect of loss or Damage occurring in any territory not Claims Procedures specified in (i) above any act or acts including but not limited to If in relation to any claim You have failed to comply with any of the following Claims • the use or threat of force and/or Procedures You will lose Your right to violence indemnity under this Section. and You must • harm or damage to life or to (1) take any action reasonably practicable to property (or the threat of such minimise any interruption of or interference harm or damage) including but with The Business or to avoid or minimise not limited to harm or damage any Damage by nuclear and/or chemical and/or biological and/or (2) at Your expense, provide Us with radiological means (a) a written claim caused or occasioned by any person(s) and or group(s) of persons or so claimed in whole or in part for political, religious, (b) details of other insurances covering the ideological or similar purposes. Damage In any action, suit or other proceedings within 30 days after the expiry of the where We allege that any Damage Indemnity Period or such further time that results from Terrorism as defined above We may allow. and is therefore not covered by this 25
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 26 (c) books, records and documents We (b) in respect of increase in cost of working require to assess Your claim. any additional expense You necessarily (3) repay Us, any payment on account We may and reasonably incur solely to prevent have made, if You fail to comply with this or limit a reduction in Gross Rentals condition. during the Indemnity Period which but for such additional expense would have Property Cover taken place due to the Damage. We will not pay more than the reduction We will not indemnify You in respect of any avoided by the expenditure Damage insured by this Section unless less any savings during the Indemnity Period in (1) there is in force at the time of the Damage, business charges or expenses, payable out of an insurance policy covering Your interest in Gross Rentals, which reduce or cease due to the property at The Premises for the the Damage. Damage If at the time of the Damage the Sum Insured is and less than the Annual Gross Rentals (2) (a) payment has been made or liability (proportionately increased where the Maximum admitted for such Damage Indemnity Period exceeds 12 months), You will be Your own insurer for the difference and bear or a rateable share of the loss. (b) payment would have been made or liability would have been admitted for such Damage but for the exclusion of Clauses losses below a stated amount in such The following clauses apply to this Section. insurance policy. Action by the Police Authority Basis of Settlement We will indemnify You in respect of loss We will indemnify You in respect of any resulting from interruption or interference interruption or interference of The Business with The Business as a result of prevention of resulting from Damage occurring during The access to The Premises by the Police Authority Period of Insurance at The Premises due to a danger or disturbance in the vicinity of The Premises. (1) loss of Gross Rentals However, We will not indemnify You for any and interruption or interference lasting less than 12 (2) increase in cost of working hours. We will pay The maximum We will pay under this Clause is £100,000 or 10% of the Sum Insured shown (a) in respect of loss in Gross Rentals under Item 1 of The Schedule, whichever is the the amount by which, due to the lower, in respect of the total of all losses Damage, the Standard Gross Rentals occurring during the Period of Insurance. exceed the Gross Rentals during the The provisions of any Automatic Reinstatement Indemnity Period Clause will not apply in respect of this Clause. 26
BCOPO7798_F_91145_POB.qxp:BCOPO7798_F_91145_POB 30/4/12 23:02 Page 27 Additional Gross Rentals Automatic Reinstatement We will indemnify You in respect of Damage to The Sums Insured stated in The Schedule will not any newly acquired or newly erected building be reduced by the amount of any claim unless and/or any alteration or improvement to a We or You give written notice to the contrary. building anywhere in England, Wales, Scotland, However, You must pay the additional premium Northern Ireland, the Channel Islands or the Isle required to reinstate the Sum Insured. of Man resulting in loss of Gross Rentals as insured by this Section. Buildings Awaiting Sale The maximum We will pay in respect of any one premises is £100,000. Buildings, forming part of the Property Insured, that You have contracted to sell or have You must provide Us with details of these accepted an offer in writing to purchase the additional Gross Rentals as soon as possible but interest in the buildings subject to contract, at least every six months and pay the where that sale is cancelled or delayed solely appropriate additional premium. due to the Damage. We will not indemnify You in respect of Under this clause We will indemnify You in (a) any building more specifically insured respect of (b) any appreciation in value. (1) interest payable by You on capital borrowed which, but for the Damage, Alternative Premises would be available, from the proceeds of the sale, for investment in The Business The Gross Rentals during the Indemnity Period (2) the additional interest payable by You on will include Gross Rentals derived elsewhere amounts borrowed than from The Premises if The Business is conducted elsewhere than at The Premises. at a rate of interest not exceeding 2% above the prevailing Inter Bank Lending Rate Auditors and Professional Accountants (3) the investment interest lost by You on any and Legal Fees proceeds of the sale (after the deduction of any capital borrowed as detailed in (2) above). We will pay Your auditors, professional accountants and solicitors reasonable charges for We will not indemnify You if You do not make all reasonable efforts to complete the sale as (1) producing information We require to soon as possible following the Damage. investigate any claim and (2) confirming the information is in accordance Maximum Indemnity Period with Your business books Six months. (3) determining Your contractual rights under any rent cessor clause or insurance break clause contained in the lease Indemnity Period but not for any other purposes in the The period during which the results of The preparation of any claim. Business are affected due to the Damage, beginning with the date on which, but for The maximum We will pay for any claim, the Damage, the building would have been including auditors and professional accountants sold and ending with the date of completion and solicitors charges is the Sum Insured. or the expiry of the Maximum Indemnity Period if earlier. 27
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