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policy document HERITAGE COMMERCIAL INSURANCE

Version 3

ME083 Q8_EI Heritage Policy doc 23/12/2013 09:52 Page 2

3 POLICY DOCUMENT HERITAGE COMMERCIAL INSURANCE

Contents

Introduction 2

– Claims enquiries 2

– Policy information 2

Helplines 3

Information services 4

Preamble 5

General definitions 6

General exclusions 7

General conditions 9

Claims conditions 12

General memoranda 15

Security requirements 16

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

Section 1 – Property damage 17

Section 2 – Property damage plus 32

Section 3 – Fine art and collections 35

Section 4 – Equipment breakdown 41

Section 5 – Business interruption 47

Section 6 – Liabilities 57

Section 7 – Legal expenses 65

Section 8 – Money with assault extension 76

Section 9 – Goods in transit 80

Section 10 – Personal accident 82

Section 11 – Loss of licence 85

Section 12 – Household 88

Section 12 – Household helplines 100

General information 101

– Complaints procedure 101

– The Financial Services Compensation Scheme (FSCS) 101


HERITAGE COMMERCIAL INSURANCE POLICY DOCUMENT 2

Claims enquiries

For claims other than legal expenses claims

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

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

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

The claims service number is

0845 603 8381

For legal expenses claims

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

DAS Legal Expenses Insurance Company Limited

0117 934 2104

For all claims

The action to be taken by the policyholderin the event of any incident which may give rise to a claim is shown in the Claimsconditions on pages 12 and 13.

Fraud prevention

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

Policy information

Please read this policy carefully toensure it meets your requirements.

The policy consists of

This policy document whichcontains:

The general policy Preamble, Definitions,Exclusions, Conditions, Requirements andMemoranda which incorporate definitionsand terms that apply to the whole policy.

Individual sections numbered 1 to 12, asshown in the table of contents, each settingout the terms relating to that section andthe definitions used specifically in thatsection. All the sections available areshown but you must check your policyschedule (see below) to see which sections are included in your policy.

The policy schedule

This shows those things that are individualto your insurance eg the identity of theinsured, the business being covered, theperiod of insurance, the sections in force,the covers you have chosen to include, thelimits that apply and any special clauses.We will send an updated schedule at eachannual renewal date and when changes arerequested by you or made by us.

At renewal we may send you a furtherdocument called ‘Updates to your Policy’ –which shows changes to the policydocument applicable to this type ofcontract. Please retain these ‘Updates to your Policy’ notices, plus the latestschedule, with your policy document.

Introduction (not forming part of the policy)



The helpline services described herehave been arranged by us for thebenefit of our policyholders.

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

When telephoning these services pleasemake sure that you are able to give yourpolicy number. This can be found on thepolicy schedule.

Emergency glass replacement

0800 474747 This is provided by GlassolutionsInstallation. If you suffer glass breakageinsured under your policy you can call uponthe services of Glassolutions Installationwhose operatives will effect a rapid repair.

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

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

The following are provided by DASLegal Expenses InsuranceCompany Limited (DAS).

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

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

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

Eurolaw commercial legal advice

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

Tax advice (commercial)

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

Counselling

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

Helplines (not forming part of the policy)



The following are provided by DASLegal Expenses InsuranceCompany Limited (DAS).

Employment manual

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

To view the Employment Manual please visit the DAS website at

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

Email DAS at

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

DAS businesslaw

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

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

To register your details, access the DAS businesslaw website at

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

Information services (not forming part of the policy)



The Ecclesiastical Insurance Office plc (the Company) and the Insured named inthe schedule agree that

(1) the application or proposal form or any other information supplied shall beincorporated into the contract

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

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

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

(5) this policy (other than the Legalexpenses section and the Family legalprotection part of the Householdsection) shall be governed by andconstrued in accordance with the lawof England and Wales unless theinsured’s habitual residence (in thecase of an individual) or centraladministration and/or place ofestablishment is located in Scotland in which case the law of Scotland shall apply

Heritage commercial insurance policy

Preamble



Each time any of the following words orphrases appear in this document inbold italic type (or in capital letters in theschedule) they will take the specificmeaning shown below unless morespecifically defined under each individualpolicy section

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

Businessmeans the business of the Insured asstated in the schedule

Company/we/our/usmeans Ecclesiastical Insurance Office plc

Damagemeans physical loss destruction or damage

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

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

Excessmeans the first amount of each and everyloss (after applying any adjustment forunderinsurance) up to the amount set out in the schedule to this policy relevant to that loss

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

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

Insured/you/yourmeans the Insured shown in the schedule

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

Terrorism means an act including but not limited tothe use of force or violence and/or thethreat thereof of any person or group(s) ofpersons whether acting alone or on behalfof or in connection with any organisation(s)or government(s) committed for politicalreligious ideological ethnic or similarpurposes or reasons including the intentionto influence any government and/or to put the public or any section of the public in fear

Unoccupiedmeans unoccupied or untenanted or not in use

Virus or similar mechanismmeans program code programminginstruction or any set of instructionsintentionally constructed with the ability to damage interfere with or otherwiseadversely affect computer programs data files or operations whether involvingself-replication or not

This includes but is not limited to Trojan horses worms and logic bombs

General definitions



This policy does not cover

Excess

any excess shown in the schedule

Other insurances

property more specifically insured underanother policy

Radioactive contamination

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

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

by radioactivity from any nuclear fuel or from any nuclear waste fromthe combustion of nuclear fuel

(ii) the radioactive toxic explosive or other hazardous properties of anyexplosive nuclear assembly or nuclear component thereof

Exclusion 3 does not apply to the Personal accident section

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

War risks

any contingency liability or damageoccasioned by or happening through warinvasion act of foreign enemy hostilities(whether war be declared or not) civil warrebellion revolution insurrection or militaryor usurped power

Exclusion 4 does not apply to Cover 1 of the Liabilities section

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Sonic bangs

damage directly occasioned by pressurewaves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds

Date recognition

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

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

correctly to manipulate interpret orprocess any data or information orcommand or instruction as a result of treating any date otherwise than as its true calendar date

(c) to capture save retain or correctlyprocess any data as a result of theoperation of any command which has been programmed into anycomputer being a command whichcauses the loss of data or the inabilityto capture save retain or correctly to process such data on or after any date

but this shall not exclude subsequentdamage or consequential loss not otherwise excluded which itself results from a defined peril

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General exclusions



Definitions specific to exclusion 6

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

Defined peril means any of the insured events specifiedin any section(s) of this policy insuringproperty (other than section 4 Equipmentbreakdown) excepting (a) accidental loss destruction or damage

and (b) causes excluded from these

insured events

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



Misrepresentation and misdescription

This policy shall be voidable in the event ofa material misrepresentation misdescriptionor non-disclosure

Precedents to liability

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

Reasonable care

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

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

Unoccupied buildings

When a building or part of a buildinginsured by this policy becomes unoccupiedor when an unoccupied building or part of a building is again occupied it is a conditionof this policy that immediate notice is given to us

Upon any alteration as described above we shall be entitled to cancel the policy or impose special terms or charge anadditional premium but in any event fromthe time of alteration until we advise you of our decision the insurance by theProperty damage Fine art and collectionsand Household sections in respect of any unoccupied building is restricted to

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1 Insured event 1 (Fire lightning andexplosion) and Insured event 2 (Aircraft)

For the Household section of this policy orfor personally owned items insured underthe fine art and collections section we donot regard periods of up to 90 daystemporary absence as constitutingunoccupancy

Alteration of risk

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

or liability increases(b) whereby the premises are undergoing

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

(c) whereby your interest ceases exceptby will or operation of law

(d) whereby an administrator or aliquidator or receiver is appointed orwhere you enter into a voluntaryarrangement

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

it is a condition of this policy thatimmediate notice is given to us

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

Warranties

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

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General conditions



Multiple insurances

(a) All sections except Equipment breakdown Liabilities Legal expenses Money with assault extension Personal accident and Loss of licence sections

If at the time any claim arises under this policy there are any otherinsurances in force covering the same damage or liability we shall not be liable for more than ourrateable proportion and if such other insurance is subject to any condition of underinsurance this policy if notalready subject to any condition of underinsurance shall be subject to that condition of underinsurance

(b) Loss of licence section

If at the time of the cancellation of the licence insured by this policy there is any other insurance in forcecovering your interest we shall not beliable to pay or contribute more thanour rateable proportion

(c) Equipment breakdown Liabilities Legal expenses and Money sections apart from the assault extension

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

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assault extension of the Money section

Irrespective of the number of policiesissued by us which provide cover to an insured person we shall not paypersonal accident benefits under morethan one policy for any one occurrence

The policy which provides the greatestbenefit shall apply

Fraudulent claims

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

Arbitration

If any difference shall arise as to the amountsthat should be paid under this policy (liabilitybeing otherwise admitted) such differenceshall be resolved by arbitration in accordancewith the statutory provisions in force at the time by (a) an arbitrator agreed to in writing by the

parties or if the parties cannot agree (b) an arbitrator appointed by the

Chartered Institute of Arbitratorsfollowing a request from either partyafter a seven day written notice by one party to the other requiring an agreement

You must not take legal action against us over the dispute before the arbitrator has reached a decision

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Cancellation

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

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

If after insuring with us and receiving the full written policy documentationincluding the schedule you subsequentlychange your mind you have 14 days to write to the sender confirming thatyou do not wish to continue

No charge will be made and anypremium you have already paid will be refunded

After this cooling-off period your rightto cancel the policy is as described inparagraph (ii) below

Paragraphs (ii) and (iii) are applicableto all customers

(ii) Your right to cancel the policy

You may cancel the policy providedthat you give us notice in writing

As long as you have not made a claimyou will receive a refund of the part of your premium which covers thecancelled period provided this exceeds £10

If you have made a claim then the full annual premium is due

(iii)Our right to cancel

In circumstances other than alteration of the risk (see condition 5)we may cancel the policy or anysection of it by sending seven days’notice by recorded delivery to you atyour last known address and shallrefund to you the proportionatepremium for the unexpired period ofcover

10 Adjustment of premium

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

Long term agreement

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

accept an offer made in accordancewith the above-mentioned agreement

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

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

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Your duties

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

General all sections other than Legal expensesand Loss of licence sections and theFamily legal protection cover underthe Household section

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

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

(c) notify us as soon as possible (d) at our request and at our expense do

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

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Property damage Property damage plus Equipment breakdown Money and Goods in transit sections excluding the Money assault extension

(a) within 30 days or such further time as we may in writing allow deliver to us a written claim providing at yourown expense all details proofs andinformation regarding the cause andamount of the damage as we mayreasonably require together withdetails of any other insurances on any property insured by this policy and (if demanded) a statutorydeclaration of the truth of the claimand of any related matters No claim under these sections shall be payable unless the terms of thiscondition have been complied with

(b) if we elect or become bound toreinstate or replace any propertyproduce at your own expense and give to us all such plans documentsand information as we may reasonably require

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

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Claims conditions



Business interruption section

within 30 days after the expiry of theindemnity period or within such further timeas we may in writing allow at your ownexpense deliver to us a statement settingout particulars of the claim together withdetails of all other insurances covering any part of the damage or resultingbusiness interruption

You shall at your own expense also provideus with such books of account and otherbusiness books vouchers invoices balancesheets and other documents proofsinformation explanations and other evidenceas may reasonably be required by us for thepurpose of investigating or verifying suchclaim together with (if demanded) a statutorydeclaration of the truth of the claim and ofany related matters

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

3 Liabilities section and thePersonal liability part of theHousehold section

(a) not make nor allow to be made on your behalf any admission offerpromise payment or indemnity without our written consent

(b) forward to us every letter claim writsummons and process immediatelyupon receipt without acknowledgementand advise us in writing as soon as you have any knowledge of anyimpending prosecution inquest or fatal injury inquiry in connection with that event

Legal expenses section and the Family legalprotection part of theHousehold section

as described in those sections of the policy

Personal accident section and assault extension of the Money section

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

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

Loss of licence section

as described in the Loss of Licence section of the policy

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Our rights

All sections except Personal accident the assault extension of the Money section theLegal expenses section and theFamily legal protection cover underthe Household section

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

(b) We may enter any building wheredamage has occurred to deal withyour claim and to take temporarily forsafe-keeping any property insured bythis policyWe have the right to the salvage of theinsured property but you may not abandon property to us

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

Liabilities section

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

Prosecution Defence Cost claims afterdeduction of any sum or sums alreadypaid or incurred

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

or any less amount for which at ourdiscretion any claim or claims can be settledand we will then relinquish control of anysuch claim and be under no further liabilityexcept that in respect of any Public andProducts Liability claim (other than anyclaim originating from within the legaljurisdiction of the United States of America

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or Canada) we will also pay any legal costsincurred prior to the date of such payment

Legal expenses section andthe Family legal protectioncover under the Householdsection

As described in those sections of the policy

Personal accident section and assault extension of the Money section

We shall in the event of death of any insuredperson be entitled to have a post mortem atour expense

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Designation

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

Contracts – (Rights of Third Parties)

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

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General memoranda



Protection condition

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

Intruder alarm conditionapplicable only if shown as operative in the schedule

In respect of damage due to or arisingfrom theft or attempted theft at thepremises it is a condition precedent toliability under this policy that an intruderalarm system is installed at the premisesand that(a) the intruder alarm system shall be

installed in accordance with thespecification agreed in writing by usand no alteration or variation of thesystem or any structural alteration to the premises which would affect the system shall be made without our written consent

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

(c) the intruder alarm system shall betested and set whenever the alarmedportion of the premises is closed forbusiness and is not attended by youor any person authorised by you to be responsible for the security of thepremises provided that any detectiondevices and their circuits connected for continuous protection shall be fullyoperative at all times

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1 (d) all keys including duplicate keys and

notes of combination locks/electronicpass codes letters and numbersrelative to the intruder alarm systemshall be removed from the buildings ofthe premises whenever they areclosed for business and are leftunattended provided that at such timesif part of the premises is occupiedresidentially by you or an authorisedemployee the said keys shall beremoved from the business portion ofthe premises to the part occupiedresidentially

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

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

(g) in the event of notification of anyactivation of the intruder alarmsystem or interruption of the means of communication during any periodthat the intruder alarm system is seta keyholder shall attend the premisesas soon as is reasonably possible

Definitions specific to condition 2

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

Keyholder(s)means you or any person or keyholdingcompany authorised by you who isavailable at all times to accept notificationof faults or alarm signals relating to the intruderalarm system and attend and allow accessto the premises

Security requirements



The schedule will show if this section applies and the cover in force

Definitions

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


Buildingsmeans the buildings of the premisesincluding landlord’s fixtures and fittingsoutbuildings walls gates and fences pipingducting cables wires and associated controlgear and accessories on the premises andextending to the public mains but only tothe extent of your responsibility fixedaerials and satellite dishes wind turbinessolar panels yards car parks roads andpavements storage tanks swimming poolsand associated apparatus

Unless stated otherwise buildings are brickstone or concrete built and roofed withslates tiles concrete metal asphalt orsheets or slabs composed of incombustiblemineral ingredients and exclude land piersjetties bridges culverts and excavations

Contents means business equipment plant machineryfurniture fixtures and fittings and all othercontents all belonging to you or for whichyou are legally responsible and contained in the buildings and elsewhere as stated inthis policy and the schedule including (1) the cost of materials labour

and computer time in reproducing (a) documents manuscripts and

business books (b) patterns models moulds plans

and designs

(c) computer systems records for an amount not exceeding 5% of the sum insured by the item on contents

but not any cost in connection with producing information to be recorded or for the value to you of the information contained therein

(2) the personal belongings of thefollowing persons whilst contained inthe premises in so far as they are nototherwise insured (a) directors trustees partners

employees and authorisedvolunteers for an amount notexceeding £1,000 per person

(b) visitors for an amount notexceeding £500 per person

Personal money is also insured up to £100 per person For this purpose ‘personal belongings’means personal articles worn used orcarried about the person excluding bankers’cards, credit cards and debit cards and any belongings otherwise insured

Contents excludes (i) stock(ii) landlord’s fixtures and fittings (iii) cash or money instruments of

any description whether negotiable or non-negotiable

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

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

(vi) explosives (vii) any other property more

specifically insured

Insured event(s) means any insurable event (from 1 Firelightning and explosion to 18 Glass and sanitary fixtures) set out as included in the schedule to this policy

Property damage 1



Items insured means the items insured as set out in theProperty damage section of the schedule tothis policy

Stock means stock and materials in trade and workin progress your property or held by you intrust or on commission for which you areresponsible in the buildings and elsewhereas stated in this policy and the schedule

Tenant’s improvements means improvements and decorations atthe premises which are your property orfor which you are responsible

Cover

We will indemnify you (by payment up tothe value of the items insured at the time of the damage or at our option by repairreinstatement or replacement) in respect of damage to the items insured by anyinsured event happening during the periodof insurance

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

Insurable events

Fire lightning and explosion

Fire

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

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

(b) earthquake subterranean fire riot civil commotion

Lightning

1

Explosion

excluding(a) damage in respect of and originating

in any vessel machinery or apparatus orits contents belonging to you or underyour control which is required to beexamined to comply with any StatutoryRegulations unless such vesselmachinery or apparatus shall be thesubject of a policy or other contractproviding the required inspection service

(b) damage by fire resulting from explosion(c) damage consisting of the bursting

of a boiler economiser or other vesselmachine or apparatus in which internalpressure is due to steam only andbelonging to you or under your control

Aircraft

Aircraft and other aerial devices or articlesdropped from them

Riot

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

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

(b) damage resulting from cessation of work(c) damage occurring in Northern Ireland

Malicious persons

Malicious persons not acting on behalf of or in connection with any political organisation excluding (a) damage occasioned by or happening

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

(b) damage resulting from cessation of work (c) damage occurring in Northern Ireland (d) damage by theft or attempted theft or

by risks described in insurable event 1fire lightning and explosion

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Earthquake

Subterranean fire

Storm

excluding(a) damage by

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

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

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

(c) damage by frost subsidence or landslip

(d) damage to fences gates andmoveable property in the open

Flood

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

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

(b) inundation from the sea

but excluding(i) damage attributable solely to change

in the water table level (ii) damage by frost subsidence

or landslip (iii) damage to fences gates and

moveable property in the open

Escape of water

Escape of water from any tank apparatus or pipe including damage to any watertank apparatus or pipe itself caused byfreezing of water excluding damage bywater discharged or leaking from aninstallation of automatic sprinklers

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Impact

Impact with the property insured by anyroad vehicle or animal

Falling trees

Falling trees branches telegraph poles lampposts or pylons

Falling aerials

Breakage or collapse of television and radioreceiving aerials aerial fittings and mastssatellite dishes wind turbines solar panelsand security equipment

Escape of oil

Escape of oil from any fixed oil-firedheating installation

Sprinkler leakage

Accidental escape of water from anyautomatic sprinkler installation in thepremises not caused by explosionearthquake subterranean fire or heatcaused by fire

Accidental damage

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

included or excluded elsewhere under this section

(b) damage to the property insuredcaused by or consisting of inherent vice latent defect gradual deteriorationwear and tear its own faulty ordefective design or materials faulty ordefective workmanship but this shallnot exclude subsequent damagewhich itself results from a cause nototherwise excluded

10

15

14

13

12

11



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

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

cracking fracturing collapse oroverheating of boilers economiserssuperheaters pressure vessels or any range of steam and feedpiping in connection therewith

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

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

inventory shortage misfiling ormisplacing of information

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

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

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

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

(iii) to property resulting from its undergoing any process of cleaningdyeing restoration productionpacking treatment testingcommissioning servicing or repair

(iv) to wind turbines

Subsidence

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

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

ducting cables wires and associatedcontrol gear and accessories yards carparks roads and pavements storagetanks and swimming pools unless alsoresulting in damage to a buildinginsured under this policy

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

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

of made-up ground (iii) coastal or river erosion

(d) caused by defective design or workmanship or the use of defective materials

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

(f) which originated prior to the inception of cover

(g) resulting from (i) demolition construction structural

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

Special condition applicable to insurable event 16

You shall notify us immediately if youbecome aware of any demolitiongroundworks excavation or constructionbeing carried out on any adjoining site

We shall then have the right to vary theseterms or cancel this cover

16



Theft or attempted theft

Theft or attempted theft (a) involving entry to or exit from the

buildings of the premises by forcibleand violent means (in respect ofemployee or authorised volunteers’personal belongings theft does not have to involve forcible and violent means)

(b) following actual or threatened assaultor violence

but excluding damage to the buildings asa result of theft or attempted theft

Glass and sanitary fixtures

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

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

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

the additional cost of re-creating vacuums or the purchase andinstallation of new sealed units

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

but excluding (i) damage to glass sanitary fixtures or

signs already damaged at thecommencement of the insurance

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

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

to alterations to the premises or in the glass whereby the risk of breakageis increased

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

(vi) damage which is specificallymentioned elsewhere under this section

18

17 Extensions

The insurance by this section is extended to include the following

Non-invalidation

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

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

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

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

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

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

2

1



Fees

If the buildings are insured architects’surveyors’ consulting engineers’ and legalfees necessarily and reasonably incurred inthe reinstatement of the property insuredconsequent upon its damage by aninsured event but not for preparing anyclaim it being understood that the amountpayable for such damage and fees shallnot exceed in the aggregate the suminsured by each item

Removal of debris

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

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

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

insured event(2) the buildings of the premises are

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

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

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

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

4

3 European Union and PublicAuthorities includingundamaged portions

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

framed in pursuance of any Act of Parliament or bye-laws of any public authority (hereinafter referred to as ‘the Stipulations’)

excluding(a) the cost incurred in complying with

the Stipulations (i) in respect of damage occurring prior

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

by this policy (iii) under which notice has been served

upon you prior to the happening ofthe damage

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

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

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

5



Special conditions applicable to extension 5

1 The work of reinstatement must becommenced and carried out withoutunreasonable delay and in any casemust be completed within twelvemonths after the damage or withinsuch further time as we may allow(during the said twelve months) andmay be carried out upon another site(if the Stipulations so necessitate)subject to our liability under thisextension not being thereby increased

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

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

item applies to property at morethan one premises 15% of the total amount for which we wouldhave been liable had the propertyinsured by the item at thepremises where damage hasoccurred been wholly destroyed

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

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

Planning (Listed Buildings and Conservation Areas) Act 1990

The cost of meeting local authority conditionsmade under the Planning (Listed Buildingsand Conservation Areas) Act 1990 andamending legislation (or equivalent legislationin Scotland and Northern Ireland) followingdamage by any of the insured eventsshould these costs exceed the coverprovided within the buildings sum insured

The maximum we will pay under thisextension is 20% of the sum insured for buildings

Archaeological costs

The on-site costs of archaeological rescuework (including the recording of standingand collapsed fabric and damaged floorsurfaces but not the excavation of belowground deposits) necessarily and reasonablyincurred with our consent as a result ofdamage to the buildings

Excluding (i) The costs of any archaeological

research work which may be enabledor facilitated as a result of damagebut which is not a necessary part ofthe process of repair or rebuilding

(ii) The costs of analysis of datasubsequent to archaeological rescuework (except in so far as such costsare a necessary and integral part of the process of repair or rebuilding)

(iii) The costs of conservation or scientific analysis of materials orobjects retrieved in the course of an archaeological exercise

7

6



Definitions specific to extension 7

Archaeological rescue work means any archaeological exercise concernedwith the recording of information which wouldotherwise be lost or in danger of being lost

Archaeological research work means any other archaeological exercise

Limit £250,000 any one claim

Capital additions

Under the buildings and contentsitems (a) alterations and additions to the

property insured but not in respectof any appreciation in value

(b) newly acquired property so far as itis not otherwise insured anywherein the geographical limits

Provided that (1) at any one situation this cover shall

not exceed 10% of the total suminsured on such property or £500,000in respect of both buildings andcontents whichever is the less

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

Bequeathed property

Damage by an insured event to materialproperty anywhere in the geographicallimits bequeathed to you

Cover is operative from the commencementdate of your interest in the material property

Within three months of legal title of suchproperty passing to the Insured you musteither notify us about the property andarrange for it to be specifically insured bythis policy (or any other policy with us) orarrange for it to be insured elsewhere

9

8

If you arrange to insure such property withus any additional premium payable shall be calculated from the date the legal title of the property passed to you

Limit £50,000 any one bequest (single articlelimit £5,000) other than buildings for which the limit shall not exceed 10% of the buildings sum insured or £250,000whichever is the less

Excluding (i) motor vehicles licensed for road use

or their accessories trailers caravanswatercraft or aircraft

(ii) property insured under any other policy(iii) cash or money instruments of

any description whether negotiable or non-negotiable

Spontaneous heating

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

Emergency services damage

Damage at any part of the premisesincluding its grounds caused by theemergency services in circumstanceswhere such damage would not otherwiseform part of a valid claim under this section

This includes damage which occurs whenthe emergency services are responding topotential danger to property or injury topersons but damage caused by Policeraids is specifically excluded


Heating oil gas and metered water

We will pay for loss of heating oil gas ormetered water following damage to theheating system or water system by aninsured event

Limit £5,000 in any one period of insurance

12

11

10



Sale of building

If the buildings are insured the interest of the purchaser in the insurance by thissection for the period from the written offerand acceptance or exchange of contractsuntil completion of the sale is noted

Provided that(a) the building is not insured elsewhere

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

bound by the terms of the policy

Temporary removal

(a) Contents are covered for the insuredevents while temporarily removed forcleaning renovation repair or othersimilar purpose to any other premisesand in transit between such locationsin the geographical limits

(b) Contents are covered for the insuredevents anywhere in the geographicallimits whilst such contents are in yourcustody or the custody of your trusteeemployee or duly authorised volunteeror at the home of any such person but excluding contents removed forthe purposes stated in (a) above


(c) (i) Deeds and other documentsmanuscripts plans writings of every description and books (ii) Computer systems recordswhilst temporarily removed to apremises in the geographical limitswhich is not in your occupancy andwhilst in transit to and from suchlocation for an amount not exceeding10% of the relevant contents suminsured excluding items removed forthe purposes stated in (a) and (b)

Extensions (a) (b) and (c) exclude propertyif and so far as it is otherwise insured

For the purpose of this extension insurableevent 17 Theft or attempted theft appliesto any premises

14

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

The insurance extends to include yourresponsibility for (a) repairs to the buildings of the

premises following theft of externallead copper or other metal up to £15,000 in any one period of insurance

(b) damage to furnishings and interiordecorations directly caused as a resultof the entry of rainwater following thetheft of external metal up to £5,000 inany one period of insurance

(c) damage to the buildings of thepremises caused by theft or attempted theft (other than the theft of external metal) for an amount notexceeding £100,000 in any one periodof insurance

This extension does not apply during externalrepairs and/or restoration of the premises

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

If contents are insured the reasonablecosts necessarily incurred in gaining accessto the premises and/or replacing locks atthe premises including locks of safes orstrongrooms in the premises if the keys are stolen

Limit £2,500 any one period of insurance

Property in the open

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

security equipment fixed to thebuildings or in the grounds of thepremises

17

16

15



(b) groundsmen’s equipment while in theopen grounds of the premisesprovided that any mechanically orelectrically driven equipment isimmobilised when not in use

Limit£5,000 any one period of insurance

(c) fixed or unfixed equipment monumentsmemorials statues garden decorationsand ornaments in the grounds of the premises (other than provided by (a) and (b) above)


(d) signage positioned outside but in theimmediate vicinity of the premises


For the purpose of this extension (i) insurable event 17 (theft or attempted

theft) includes theft or attempted theftnot involving forcible and violent entry

(ii) the exclusion under insurable events 7 (storm) and 8 (flood) relating tomoveable property in the open doesnot apply

Hired-in property

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

Limit 10% of the contents sum insured any one period of insurance

Freezer contents

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

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

18

19

Excluding(a) damage caused by your failure to pay

for the electricity or gas supply (b) damage to freezer contents where the

freezer or compressor is more than 15years old unless the refrigeration unitis the subject of a currentmanufacturers guarantee or an annualmaintenance contract

Limit £2,500 for the contents of any unit and£10,000 in total any one period ofinsurance

Trace and access

The costs and expenses necessarily andreasonably incurred by you with ourconsent in locating the source of a leakageof oil or water at the premises and insubsequent repair and making good


Underground pipes and cables

Accidental damage to underground pipesand cables where the buildings areinsured by this section or where you areliable for repairs as tenant

Clearing of drains

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


20

21

22



Extinguisher and alarm re-setting expenses

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

Discharge of oil

Costs and expenses necessarily incurred by you with our consent to decontaminatethe grounds of the premises followingaccidental discharge of oil from any oil fired heating appliance or storage tank

Limit£5,000 any one claim

Minor building worksendorsement

This endorsement is only in force if youhave notified us and is shown as operativein the schedule

Definitions specific to this endorsement

Contract(s) means any contract or contracts with you as an employer for the repair alterationor extension of the buildings

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

Specified perils means fire lightning explosion storm tempestflood escape of water from any water tanksapparatus or pipes aircraft and other aerialdevices or articles dropped from them riotcivil commotion or earthquake

24

23 Cover

This section extends to cover your insuranceobligations (other than for damage byterrorism) under Clause 5.4b of the 2005JCT Minor Works Building contract inrespect of repairs alterations and/orextensions to existing building structures (or any similar contract with our agreement)

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

For the purposes of this endorsement andfor the period of the contract the insurancefor (a) the existing structures and (b) any contents for which you are

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

is considered to be in the joint names ofyou and the contractor but only in respectof damage by any specified perils youare obliged to insure against under theterms of the contract and provided thatour liability in any one period of insurance shall not exceed the sum insured for each item nor in all the total sum insured

Off-site storage

Cover extends to include materials orgoods designated to be included in thecontract works whilst temporarily held instore away from the contract site but notwhile they are being worked upon

Limit £7,500 any one storage site



Maintenance and defects liability period

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

to the commencement of themaintenance period

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

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

Exclusions applicable to this endorsement

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

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

not obliged to insure against under the terms of the contract

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

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

Memoranda

Reinstatement basis of settlement in the event of a claim

Applicable unless stated otherwise in theschedule

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

personal belongings and stock(b) buildingsis to be calculated shall be the reinstatementof the property lost destroyed or damaged

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

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

(ii) upon another site (b) the repair or restoration of

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

1



Special conditions applicable to memorandum 1

1 If at the time of reinstatement the sumrepresenting 85% of the cost whichwould have been incurred inreinstating the whole of the propertycovered by any item subject to thismemorandum exceeds its sum insuredat the commencement of any damageour liability shall not exceed thatproportion of the amount of thedamage which the said sum insuredadjusted for index linking shall bear tothe sum representing the total cost ofreinstating the whole of such property at that time

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

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

and proceeds without unreasonabledelay

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

(c) if the property insured at the timeof its damage shall be insured byany other insurance effected byyou or on your behalf which is notupon the same basis ofreinstatement

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

under this memorandum except in so far as they are varied hereby

(b) where claims are payable as if this memorandum had not beenincorporated

Day One basis – non-adjustable

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

1 You have agreed the declared valueincorporated in each item to which thisextension applies and the premium hasbeen calculated accordingly

‘declared value’ means your assessmentof the cost of reinstatement of theproperty insured (as defined in theReinstatement basis of settlementmemorandum) at the level of costsapplying at the inception of the period of insurance (ignoring inflationary factors which may operatesubsequently) together with in so far asthe insurance by the item provides dueallowance for (a) the additional cost of reinstatement

to comply with the stipulationsdefined in Extension 5 (EuropeanUnion and Public Authorities)

(b) professional fees (c) debris removal costs

2 At the inception of each period ofinsurance you shall notify us of thedeclared value of the property insuredby each of the said item(s)

In the absence of such declaration thelast amount declared by you (adjustedto reflect index linking) shall be takenas the declared value for the ensuingperiod of insurance

3 In respect of each item to which thisextension applies the following wordingsreplace Special conditions 1 and 4 of the Reinstatement memorandum (1) Each item insured under this

memorandum is declared to beseparately subject to the followingcondition of underinsurance namely

2



If at the time of damage the declaredvalue of the property covered by suchitem is less than the cost ofreinstatement (as defined in paragraph1 of the Day One memorandum) at theinception of the period of insurancethen our liability shall be limited to thatproportion thereof which the declaredvalue bears to such cost ofreinstatement

4 Where by reason of any of the aboveSpecial conditions no payment is to be made beyond the amount whichwould have been payable under thepolicy if this memorandum had not beenincorporated the rights and liabilities of the Company and the Insured inrespect of the damage shall be subjectto the terms of the policy including any condition of underinsurance as if this memorandum had not beenincorporated except that the sumsinsured shall be increased in proportionwith the additional amount charged in respect of this memorandum

Index-linking

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

The annual renewal premium will beamended accordingly

Underinsurance

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

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

4

3

Other interests

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

Antique items and Antiquities

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

Exclusions

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

contamination but this shall not exclude damage to the propertyinsured not otherwise excluded caused by (a) pollution or contamination

which itself results from any of the insured events other than 15 Accidental damage

(b) any of the insured eventsother than 15 Accidental damage which itself results from pollution orcontamination

(2) consequential loss of any kind (3) property insured under section 3

Fine art and collections

6

5



(4) damage cost or expense ofwhatsoever nature directly or indirectlycaused by resulting from or inconnection with terrorism regardless of any other contributory cause This insurance also excludes damagecost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controllingpreventing suppressing or in any way relating to terrorismIf we allege that by reason of thisexclusion any damage cost or expenseis not covered by this policy the burdenof proving the contrary shall be uponyou

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

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




Cover A – Extended cover

Definition

Each time the following appears in thissection in bold italic type (or in capitalletters in the schedule) it will take thespecific meaning shown below

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

Item(s) insuredmeans the items insured shown in the Property damage plus section of the schedule

Cover

We will indemnify you (by payment up tothe value of the item insured at the time of the loss or at our option by repairreinstatement or replacement) in respect of damage to the item insured by anycause not specifically excluded happeningwithin the location stated in the schedule and during the period of insurance

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

Memoranda

Reinstatement basis of settlement in the event of a claim

Applicable unless stated otherwise in the schedule

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

its replacement by similar property in acondition equal to but not better or moreextensive than its condition when new

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

Index-linking

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

Reinstatement of sum insured

In consideration of your agreement to pay such additional premium as may be requiredwe will automatically reinstate the sum insured in full after damage has occurred provided that we have not given you notice within 30days of you reporting the damage to usthat we will not reinstate the sum insured

3

2

1

Property damage plus 2



Exclusions

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

through gradual deteriorationdepreciation mechanical or electricalbreakdown failure or breakage wearand tear atmospheric and climaticconditions (other than storm or flood)pollution or contamination rust dustmoth vermin or any process ofcleaning dyeing restoration or repair towhich the property is subjected delayconfiscation detention or destructionby order of the government or anypublic authority

(2) breakage of electrical valves bulbs ortubes unless the equipment in whichthey are contained is damaged at the same time

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

attached to or being towed by a motor vehicle

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

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

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

fixed in position is out of sight in alocked compartment or locked bootwithin the vehicle

(6) property insured under section 3 Fineart and collections

Cover B – Deterioration of stock

We will indemnify you by payment up to thevalue of the items insured at the time ofloss in respect of damage to the contentsof the chill or deep freeze unit(s) describedin the schedule as a result of failure of theunit failure of the electricity or gas supplyor contamination from refrigerant orrefrigerant fumes happening during theperiod of insurance and if incurred thenecessary and reasonable cost of hiringtemporary alternative freezing space

Provided that our liability in any one periodof insurance shall not exceed the limit ofliability shown in the schedule

Memorandum

Reinstatement of sum insured

In consideration of your agreement to paysuch additional premiums as may berequired we will automatically reinstate thesum insured in full after damage hasoccurred provided that we have not givenyou notice within 30 days of you reportingthe damage to us that we will not reinstatethe sum insured



Exclusions

We shall not be liable for(1) damage caused by the deliberate act

of any electricity or gas supply authorityin withholding or restricting supply

(2) damage arising from the breakdown or malfunction of any unit which is over 15 years old unless therefrigeration unit is the subject of acurrent manufacturers guarantee or an annual maintenance contract

(3) damage caused by your wilful act or neglect

(4) damage insured under section 1Property damage extension 19 –Freezer contents

Cover A & B – Special condition

Underinsurance

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

Cover A & B – Exclusions

We shall not be liable for (1) damage cost or expense of whatsoever

nature directly or indirectly caused by resulting from or in connection withterrorism regardless of any othercontributory cause

This insurance also excludes damagecost or expense of whatsoever naturedirectly or indirectly caused by resultingfrom or in connection with any actiontaken in controlling preventingsuppressing or in any way relating to terrorism

If we allege that by reason of thisexclusion any damage cost or expenseis not covered by this policy the burden of proving the contrary shall be upon you

(2) damage to information on computersystems or other records programs or software resulting from accidental or malicious erasure loss distortion or corruption or from any unidentifiablecause or any consequential lossresulting therefrom

(3) (i) damage to any computer or otherequipment or component or systemor item which processes storestransmits retrieves or receives dataor any part thereof whether tangibleor intangible (including but withoutlimitation any information orprograms or software) and whetheryour property or not where suchdamage is caused by virus orsimilar mechanism or hackingor denial of service attack

(ii) consequential loss directly orindirectly caused by or arising fromvirus or similar mechanism orhacking or denial of service attack




Definitions

Each time the following words or phrasesappear in this section in bold italic type(or in capital letters in the schedule) theywill take the specific meaning shown below

Where words or phrases are not highlightedin this manner the normal everyday meaningwill apply

Agreed value means the value agreed by you and us forthe purpose of this policy only

No representation is made by us that those values represent the market valueor any other basis of value

Art means anything that could be bought orsold at a reputable auction house includingbut not limited to paintings works on paperfurniture sculpture ceramics metalwarearchitectural features collectibles glassclocks and barometers coins stamps andmedals and antiques

Excluding jewellery and/or watches

Depreciation means the reduction in value of an itemcaused directly by damage to the item and arrived at with reference to the fullinsured value of the item as per the basis of settlement and its condition prior to the damage

Exhibit(s) means any temporary or permanent item or items held in your collections

Jewellery and / or watches means watches gemstones pearls items of gold or silver or other precious or semi-precious metal and/or articles comprisingthem designed to be worn on the person

Market value means the price a willing buyer would pay to a willing seller with good title at the place the item was located immediatelyprior to the loss after a reasonable periodfor marketing taking into account the stateof the market for goods of that type and the size and condition of the goods

Temporary means for a period not exceeding 90 days

Cover A

Art and jewellery

Cover A for where the Insured is not a museum or a gallery

Cover

We will indemnify you in accordance with the Basis of settlement following damage toart jewellery and/or watches occurringduring the period of insurance while at the premises or while removed for atemporary period within the locations stated in the schedule

In respect of items whilst away from thepremises for a temporary period the mostwe will pay for (i) art is £5,000,000 or the sum insured

for art whichever is the less (ii) jewellery and/or watches is £15,000

unless they are being worn or kept in a safe

Fine art and collections 3



Basis of settlement

(1) Art(a) The basis of valuation for

settlement of any total loss coveredwill be (i) For art individually listed theagreed value shown in theschedule

(ii) For art not individually listed themarket value immediately priorto the loss

(b) In the event of partial damage toany art the amount payable will be the cost of restoration plus anyresulting depreciation but notexceeding the full insured value ofthat art valued as in 1 (a) above as applicable

(2) Jewellery and/or watches (a) for jewellery and/or watches

individually listed in the schedulethe value listed or the market value immediately prior to the losswhichever is the lesser

(b) for jewellery and/or watches notindividually listed in the schedulethe market value immediately priorto loss

(c) in the event of partial damage toany jewellery and/or watchesinsured we will pay the cost ofrepair plus any resultingdepreciation but not exceeding the full insured valueof that item as set out in (a) and (b) above At our option we may arrange the repair

In no event will we be liable for more thanthe total sum insured stated in the schedule

Any disagreements as to the market valueor reasonable value are to be resolved in accordance with General Condition 9Arbitration

Extensions


New acquisitions

New acquisitions of art jewellery and/or watches

Provided that you notify us within 60 daysof the acquisition and pay any additionalpremium as may be required from inceptionof the cover

We may cancel cover for new acquisitionsat any time by notifying you in writing

Limit 10% of the total sum insured on suchproperty any one claim

Defective title

If art is insured we will indemnify you forclaims made against you arising from yourpurchase of art for which the vendor haddefective or no title or on which a charge orencumbrance had been placed prior to thepurchase of which you were not aware andshould not have been aware after makingreasonable enquiry

Providing always that (i) the purchase was made after the

date you first insured your art with us under this policy

(ii) the claim is made against you duringthe period of insurance

(iii) you do not commence any litigation or other legal process without ourconsent and you inform us immediatelyupon becoming aware of any titleissues and do not initiate or respond to any related letter or othercommunication without our consent

(iv) we have the right to take over theconduct of the litigation if we wish and settle on such terms as the lawyerinstructed advises are reasonable

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(v) if you are required to relinquishpossession of the art to another partywe will pay the amount that you paid to purchase the art

(vi) if you are required to pay damages toanother party we will pay the amount ofthose damages up to the market valueof the item at the time of payment

(vii) our maximum liability including legalcosts under this extension shall notexceed £500,000 any one period of insurance

Restoration and framing

Notwithstanding Exclusions applying to Cover A and B 1 (c) if art is insured and is damaged by a professionalconservator restorer or framer we will pay the reasonable cost of repair and any depreciation directly caused by the damage

Provided that our liability under this extension shall not exceed in the aggregatethe sum insured for art

Exclusions

We shall not be liable for (1) damage or expense caused by or

resulting from theft fraud or dishonestycommitted by any of your householddirectors trustees employees or authorised volunteers or anyone towhom your art is consigned orotherwise directly or indirectly entrusted or loaned

(2) items kept in the open grounds of the premises unless specificallydeclared to us

(3) damage at or in transit to or from any trade fair unless specificallynotified to and agreed by usin advance

(4) damage to property at a hotel unlesskept in the hotel’s main safe or in your actual personal possession orthat of your employee or agent

3

(5) mysterious disappearance orunexplained loss

(6) damage to jewellery and/or watches(a) with an individual value of

£5,000 or more unless specified in the schedule

(b) from an unattended vehicle

Conditions

Packing and transportation

It is a condition precedent to liability that you must ensure that the property insured is securely and adequately packed whilst intransit and in respect of art if nottransported by a professional art carrier thenunder your custody and control or the custody andcontrol of your director trustee employee or authorised volunteer

Recovered property

Following payment of the full amount insuredfor any art jewellery and/or watches titlepasses legally to us

However you will have the right to buy back from us title to the damaged or lost art jewellery and/or watches

If the art jewellery and/or watches areundamaged you will be able to buy it backfor the amount we paid you in settlement

If the art jewellery and/or watches isdamaged the value will be the amountagreed by us with you

You must exercise this option within 60days of being notified of the art jewelleryand/or watches being recovered

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Cover B

Exhibits

Cover B for where the Insured is amuseum or a gallery

Cover

We will indemnify you in accordance withthe Basis of settlement following damageto exhibits occurring during the period of insurance while at the premises or whileremoved for a temporary period within the locations stated in the schedule

In respect of items whilst away from thepremises for a temporary period the most we will pay is £5,000,000 or the suminsured for exhibits whichever is the less

Basis of settlement

Exhibits(1) In the event of a total loss the basis

of settlement will be (a) for exhibit(s) specified in the

schedule and clearly identifiablefrom any other exhibit in thecollection the agreed value

(b) for exhibit(s) not specified on the schedule the market valueimmediately prior to loss

(c) for exhibit(s) loaned to you thevalue specified on the LoanAgreement

(d) for exhibit(s) in your care custodyor control that belong to thirdparties and which may not be onthe premises the lesser of themarket value immediately prior to the loss or your legal liability to the third party

(2) In the event of partial damage to anyexhibit(s) the amount payable shall be the cost and expense of restorationplus any resulting depreciation invalue but not exceeding the full insuredvalue of that exhibit as calculatedunder 1 above

(3) We will pay up to £10,000 any oneperiod of insurance for losses of anyexhibit from unattended vehicles

providing that(i) the vehicle is locked at all points

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

or violent entry to the vehicle (iii) the property is out of sight in

a locked compartment or locked boot within the vehicle

Any disagreements as to the market valueor reasonable value are to be resolved in accordance with General Condition 9Arbitration

Exclusions

We shall not be liable for(1) damage or expense caused by or

resulting from theft fraud or dishonestycommitted by any of your directorstrustees employees or authorisedvolunteers or anyone to whom yourexhibits are consigned or otherwisedirectly or indirectly entrusted orloaned

(2) items kept in the open grounds of the premises unless specificallydeclared to us as such and agreed by us at the applicable premium

(3) damage to jewellery and/or watchesunless we agree cover in writing



Conditions

Exhibit(s) Loaned items

(a) In respect of exhibit(s) loaned to youvalues for the purpose of this policyshould be agreed between you and the owner before the loan is acceptedand should be documented in a LoanAgreementAnything first loaned to you after theinception of this policy with no LoanAgreement will not be covered underthis policy

(b) Loan Agreements must incorporate the following(i) the name of the owner(ii) a statement specifying which party

shall be responsible for any loss or damage and when risk transfers

(iii) a description of each exhibit loaned (iv) the loan value of each exhibit

consigned as agreed between youand the owner

Consignment of exhibit(s)

Exhibit(s) must not be given to any thirdparty without the written approval of theowner of the exhibit(s)

If there is a breach of this condition we will not pay any claim arising whilst theexhibit is out of your possession (with the exception of specialist transporters arthandlers conservators framers and specialist photographers)

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Recovered property

Following payment of the full amountinsured for any exhibit other than loaneditems title passes legally to us

However you will have the right to buy back from us title to the damaged or lost exhibit

If the exhibit is undamaged you will be able to buy it back for the amount wepaid you in settlement

If the exhibit is damaged the value will bethe amount agreed by us with you

You must exercise this option within 60 days of being notified of the exhibitbeing recovered

Cover A & B – Exclusions

We shall not be liable for (1) damage or expense caused by or

resulting from (a) natural ageing gradual deterioration

inherent vice latent defect rust or oxidation moth or verminwarping or shrinkage mould insectsfungus mildew corrosion nature ofthe subject matter insured

(b) aridity humidity exposure to light or extremes of temperature unlesssuch damage is caused by storm frost or fire or anothersudden unforeseen event

(c) any process or alterationrefurbishment repair maintenancedismantling restoration decorationheating drying cleaning washing or dyeing

(d) misuse of any property insuredunder this policy

3



(2) damage cost or expense ofwhatsoever nature directly or indirectlycaused by resulting from or inconnection with terrorism regardless of any other contributory cause This insurance also excludes damagecost or expense of whatsoever naturedirectly or indirectly caused byresulting from or in connection withany action taken in controllingpreventing suppressing or in any way relating to terrorismIf we allege that by reason of thisexclusion any damage cost or expenseis not covered by this policy the burdenof proving the contrary shall be upon you

(3) damage to information on computersystems or other records programs or software resulting from accidental or malicious erasure loss distortion or corruption or from any unidentifiablecause or any consequential lossresulting therefrom

(4) (i) damage to any computer or otherequipment or component or systemor item which processes storestransmits retrieves or receives dataor any part thereof whether tangibleor intangible (including but withoutlimitation any information orprograms or software) and whetheryour property or not where suchdamage is caused by virus orsimilar mechanism or hackingor denial of service attack

(ii) consequential loss directly orindirectly caused by or arising from virus or similar mechanismor hacking or denial of service attack




Definitions

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


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

including rupture or bursting caused by centrifugal force

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

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

(d) damage to steam boilers steam pipessteam engines or steam turbines causedby or resulting from any condition orevent inside such boilers or equipment

(e) damage to hot water boilers or otherwater heating equipment caused by orresulting from any condition or eventinside such equipment

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

Breakdownmeans (a) the actual breaking failure distortion or

burning out of any part of the coveredequipment whilst in ordinary usearising from defects in the coveredequipment causing its suddenstoppage and necessitating repair orreplacement before it can resume work

(b) fracturing of any part of the coveredequipment by frost when such fracturerenders the covered equipmentinoperative

(c) the actual and complete severance of a rope but not breakage or abrasionof wires or strands even thoughreplacement may be necessary

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

Computer equipment means equipment that is electronic computeror other data processing equipment includingmedia software and peripherals used inconjunction with such equipment belonging toyou or for which you are responsible

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

and non-process refrigeration systems (c) electrical panels emergency generators

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

systems fax machines copiers and printers

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

(h) forklift trucks at the premises(i) computer equipment(j) kitchen and food preparation equipment

laundry and cleaning equipment andaudiovisual equipment used in anycommercial environment at the premises

Equipment breakdown 4



Excluding (i) any structure foundation masonry

brickwork cabinet compartment or airsupported structure or building

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

or piping or piping forming a part of asprinkler system

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

(v) any vehicle or mobile equipment (otherthan forklift trucks at the premises) oraircraft or floating vessel including anyequipment mounted on such vehicle ormobile lifting equipment or aircraft orfloating vessel

(vi) any dragline excavation or constructionplant or equipment

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

(viii) any equipment manufactured by you for sale

(ix) contents in a private dwelling or private dwelling quarters

(x) fixed aerials satellite dishes windturbines and solar panels

Explosion means the sudden and violent rending of the covered equipment by force ofinternal steam or other fluid pressure (otherthan pressure of chemical action or ignitedflue gases or ignition of the contents)causing bodily displacement of any part of the covered equipment together withforcible ejection of the contents

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

Media means all forms of electronic magnetic and optical tapes and discs for use in anyelectronic computer or electronic dataprocessing equipment

Cover

We will indemnify you (by payment up to the value of covered equipment at the timeof the damage or at our option by repairreinstatement or replacement) in respect of damage to covered equipment at thepremises by any accident happeningduring the period of insurance

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

Maximum Liability

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

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

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



Extensions


These extensions do not increase the limitsor sums insured that apply

Computer equipment

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


Reinstatement of data

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

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

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

discovered later than 180 days afterthe loss was initiated

(c) we shall not be liable for loss ordamage to software

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

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

Special condition –Back-up records

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


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Increased cost of working

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


Business interruption

If the Business interruption section of this policy is operative we will pay to youin respect of each item in the businessinterruption schedule the amount of lossoccurring during the indemnity period (as defined in the Business interruptionsection) following an accident to coveredequipment that results in the businessbeing interrupted or interfered with

Our liability shall not exceed the sum insuredfor each item nor in all the total sum insuredand in any event our maximum liability shallnot exceed £30,000 any period of insurance

Hazardous substances

Damage to covered equipment at thepremises caused by contamination by a hazardous substance including anyadditional expenses incurred and if theBusiness interruption section of this policyis operative loss occurring during theindemnity period (as defined in theBusiness interruption section) inconsequence of the business carried on byyou at the premises being interrupted orinterfered with


Expediting expenses

Reasonable costs necessarily incurred by you to make temporary repairs and expeditepermanent repairs or permanent replacementof damaged covered equipment

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European Union and Public Authorities

If in force the European Union and PublicAuthorities extension of the Propertydamage section of this policy applies to covered equipment damaged as a result of an accident


Loss avoidance measures

Reasonable costs necessarily incurred byyou to take exceptional measures toprevent or mitigate impending damage tocovered equipment as a result of anaccident

Provided that (a) damage would reasonably be

expected if such measures were not implemented

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

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

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

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


Memorandum

Reinstatement basis of settlementin the event of a claim

Applicable unless stated otherwise in the schedule

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8

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

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

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

(ii) upon another site (b) the repair or restoration of

covered equipment that is the subject of an accident

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

Special conditions applicable to this memorandum

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

2 No payment beyond the amount which would have been payable in the absence of this memorandumshall be made (a) unless reinstatement

commences and proceeds without unreasonable delay

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

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

under this memorandum except inso far as they are varied hereby

(b) where claims are payable as if this memorandum had not been incorporated



Exclusions

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

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

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

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

or process during the course ofrepair maintenance inspectionmodification or overhaul

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

(f) accidental failure of the powersupply

(2) damage to computer equipmentdue to its breakdown unless you havein force a maintenance agreement withthe manufacturers or other approvedcompany in respect of the computerequipment providing for (a) free repairs to or replacement of

the computer equipment followingbreakdown or stoppage from any internal cause other than your negligence

(b) preventative maintenance or adjustment of mechanical moving parts

We will not cover you for damage to computer equipment which isrecoverable under the maintenanceagreement warranty or guarantee

(3) in respect of Extension 4 Businessinterruption any delay in resumingoperations resulting from the need toreconstruct or re-input data orprograms on media nor for the costsincurred in so doing

(4) any liquidated damages penalties for delay or detention or in connectionwith guarantees of performance or efficiency of covered equipment

(5) any consequence of civil commotionassuming the proportion of oramounting to a popular uprising martiallaw or the act of any lawfully constitutedauthority

(6) damage cost or expense ofwhatsoever nature directly or indirectlycaused by resulting from or inconnection with terrorism regardless of any other contributory cause This insurance also excludes damagecost or expense of whatsoever naturedirectly or indirectly caused by resultingfrom or in connection with any actiontaken in controlling preventingsuppressing or in any way relating to terrorismIf we allege that by reason of thisexclusion any damage cost or expenseis not covered by this policy the burden of proving the contrary shall be upon you

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

(8) damage directly or indirectly caused by or in consequence of confiscationor nationalisation or requisition ordestruction of or damage to coveredequipment by or under the order of any government or public or local authority



(9) damage to any computer equipment or other equipment or component orsystem or item which processes storestransmits retrieves or receives data or any part thereof whether tangible or intangible (including but withoutlimitation any information programssoftware or media) and whether your property or not where suchdamage is caused by virus or similar mechanism or hackingor denial of service attack

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

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

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

(13) damage to livestock plants orperishable stock




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

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

Definitions



Adjustedmeans adjusted as necessary to provide forthe trend of the business and for variationsin or other circumstances affecting thebusiness either before or after thedamage or which would have affected thebusiness had the damagenot occurred so that the figures thusadjusted shall represent as nearly as maybe reasonably practicable the results which but for the damage would have been obtained during the relative periodafter the damage

Annual rent receivable means the rent receivable during thetwelve months immediately before the dateof the damage adjusted

Annual revenue means the revenue during the twelvemonths immediately before the date of thedamage adjusted

Annual turnover means the turnover during the twelvemonths immediately before the date of thedamage adjusted

Computer equipmentmeans equipment that is electroniccomputer or other data processingequipment including all forms of electronicmagnetic and optical tapes and discs foruse in any electronic computer or electronicdata processing equipment software andperipherals used in conjunction with suchequipment belonging to you or for whichyou are responsible

Damage means as defined under ‘Cover’ of this section

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

Gross profit means the amount by which the sum of theamount of the turnover and the amounts of the closing stock and work in progressshall exceed the sum of the amounts of theopening stock and work in progress and the amount of purchases and discountsrelating thereto bad debts and any other expenses specified in the schedule (as defined in your books and accounts)

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

Business interruption 5



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

Insured events means unless stated otherwise in theschedule those events which are insured by the Property damage section or Fine art and collections section provided that for the purpose of this section ‘explosion’ shall include explosion of any boiler oreconomiser on the premises

Rate of gross profit means the rate of gross profit earned onthe turnover during the financial yearimmediately before the date of thedamage

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

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

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

Standard revenue means the revenue during the periodcorresponding with the indemnity periodin the twelve months immediately beforethe date of the damage appropriatelyadjusted where the indemnity periodexceeds twelve months adjusted

Standard turnover means the turnover during the periodcorresponding with the indemnity periodin the twelve months immediately beforethe date of the damage appropriatelyadjusted where the indemnity periodexceeds twelve months adjusted

Supplier(s) means supplier(s) with whom you have acontract to supply you with goods andservices

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



Cover

If any building or other property used by you at the premises specified in theschedule for the purpose of the businessis destroyed or damaged during the period of insurance by any of the insuredevents (destruction or damage so causedbeing termed damage) and the businesscarried on by you at the premises is inconsequence interrupted or interfered with

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

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

insured for each item nor in all thetotal sum insured

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

Amount payable Gross profit items

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

the sum produced by applying the rate of gross profit to the amount by which the turnover during the indemnity period shall inconsequence of the damage fall short of the standard turnover

(b) in respect of increase in cost ofworking the additional expenditure(subject to the provisions of theuninsured standing charges clause)necessarily and reasonably incurred for the sole purpose of avoiding ordiminishing the reduction in turnoverwhich but for that expenditure wouldhave taken place during the indemnityperiod in consequence of thedamage but not exceeding the sumproduced by applying the rate ofgross profitto the amount of the reduction thereby avoided

less any sum saved during the indemnityperiod in respect of such of the chargesand expenses of the business payable out of gross profit as may cease or bereduced in consequence of the damage



Provided that (i) Sum insured basis

if the sum insured basis applies andthe sum insured by this item is lessthan the sum produced by applying the rate of gross profit to the annualturnover (or to a proportionatelyincreased multiple thereof where themaximum indemnity period exceedstwelve months) the amount payableshall be proportionately reduced

(ii) Declaration-linked basis notwithstanding proviso (1) in ‘Cover’our liability in respect of anyestimated gross profit item shall notexceed 1331⁄3% of the EstimatedGross Profit stated in the schedule

In the absence of written notice by youor us to the contrary our liability shall notstand reduced by the amount of any loss provided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable Revenue items

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

amount by which the revenue duringthe indemnity period shall inconsequence of the damage fall short of the standard revenue

(b) in respect of increase in cost ofworking the additional expenditurenecessarily and reasonably incurred for the sole purpose of avoiding ordiminishing the loss of revenue whichbut for that expenditure would havetaken place during the indemnityperiod in consequence of thedamage but not exceeding theamount of the reduction in revenuethereby avoided

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


if the sum insured basis applies and thesum insured by this item be less than theannual revenue (or a proportionatelyincreased multiple of it where themaximum indemnity period exceedstwelve months) the amount payable shall be proportionately reduced

(ii) Declaration-linked basis notwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated revenue item shall notexceed 1331⁄3% of the EstimatedRevenue stated in the schedule

In the absence of written notice by you orus to the contrary our liability shall notstand reduced by the amount of any lossprovided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable Rent receivable items

The insurance under this section in respectof rent receivable is limited to (a) loss of rent receivable and (b) additionalexpenditure occurring during the indemnityperiod and the amount payable asindemnity shall be (a) in respect of loss of rent receivable

the amount by which the rentreceivable during the indemnityperiod shall in consequence of thedamage fall short of the standardrent receivable



(b) in respect of additional expenditure the additional expenditure necessarilyand reasonably incurred for the solepurpose of avoiding or diminishing theloss of rent receivable which but forthat expenditure would have takenplace during the indemnity period inconsequence of the damage but notexceeding the amount of the reductionin rent receivable thereby avoided

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


if the sum insured basis applies and the sum insured by this item be lessthan the annual rent receivable (or aproportionately increased multiple of it where the maximum indemnity periodexceeds twelve months) the amountpayable shall be proportionatelyreduced

(ii) Declaration-linked basis notwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated rent receivable item shallnot exceed 1331⁄3% of the EstimatedRent Receivable stated in the schedule

In the absence of written notice by you or us to the contrary our liability shall not stand reduced by the amount of anyloss provided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable Additional cost of working items

The insurance under this section in respectof additional cost of working is limited toadditional cost of working occurring duringthe indemnity period and the amountpayable as indemnity shall be

The additional expenditure including (a) the cost of moving to and from

temporary premises and the additionalrent rates and taxes thereon

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

(c) additional cost in respect of lightingheating and water

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

all reasonably incurred in order to minimiseany interruption or interference with the business or undertaking during theindemnity period

Alternative trading clause Gross profit

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

Alternative trading clause Revenue

If during the indemnity period servicesshall be rendered elsewhere than at thepremises for the benefit of the businesseither by you or by others on your behalfthe money paid or payable in respect ofsuch services shall be brought into accountin arriving at the revenue during theindemnity period

Alternative trading clause Rent receivable

If during the indemnity period the businessshall be conducted elsewhere than at thepremises the money paid or payable to youin respect of rent at such other premisesshall be brought into account in arriving atthe rent receivable during the indemnityperiod



Uninsured standing charges clause

If any standing charges of the businessare not insured by this section (having been deducted in arriving at the grossprofit) then in computing the amountrecoverable as increase in cost of workingthat proportion only of any additionalexpenditure shall be brought into accountwhich the gross profit bears to the sum of the gross profit and the uninsuredstanding charges

Professional accountants’ charges

Any particulars or details contained in yourbooks of account or other business booksor documents which may be requested byus under Claims condition number 3 for the purpose of investigating or verifying anyclaim may be produced by professionalaccountants if at the time they are regularlyacting as such for you and their report shallbe prima facie evidence of the particularsand details to which such report relates

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

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

Payments on account

Payments on account may be made duringthe indemnity period

Extensions

The insurance by this section is extendedto cover loss as insured hereunder directlyresulting from interruption of orinterference with the business carried onby you at the premises in consequence ofthe following

Prevention of access

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

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

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

Excluding (i) any restriction of use of less than

four hours (ii) any period when access to the

premises was not prevented or hindered

(iii) closure or restriction in the use of thepremises due to the order or advice ofthe competent local authority as aresult of an occurrence of aninfectious disease (or the discovery ofan organism resulting in or likely toresult in the occurrence of aninfectious disease) food poisoningdefective drains or other sanitaryarrangements or vermin or pests

Provided that our liability under this extensionin respect of any one occurrence shall notexceed the sum insured by the items or anylimit of liability shown in the schedule

Utilities

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

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

undertaking or of any natural gasproducer linked directly therewith

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

(d) land-based premises of thetelecommunications undertaking

from which you obtain electricity gas wateror telecommunications services

Provided that our liability under this extensionin respect of any one occurrence shall notexceed the sum insured by the items or anylimit of liability shown in the schedule

2

1



Suppliers extension

Damage by any of the insured eventsat the site of the following all within thegeographical limits(a) any supplier specified in the schedule

up to the limit shown against their name If the limit is expressed as apercentage this is the percentage ofthe total sum insured by the relevantitem of this schedule but in no caseexceeding £100,000

(b) any of your suppliers other than asstated in (a) within the geographicallimits (but excluding the premises of any supply undertaking from which you obtain electricity gas or water or telecommunications services) up to a limit of £10,000 any one incident

Customers extension

Damage by any of insured events at the site of any of your customers within the geographical limits up to a limit of£10,000 any one incident

Book debts

If following damage to your books ofaccount or other business books or recordsat the premises by any of the insuredevents you are unable to trace outstandingdebit balances owed to you we will indemnifyyou for such loss in the following terms (a) We will pay the difference between

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

(b) We will pay for the additional expenditureincurred with our previous consent intracing and establishing customers’ debitbalances after the damage

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

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4

3 Excluding loss arising from misfilingerasure distortion deliberate falsification ofbusiness records abnormal condition oftrade or from bad debts

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

Special condition applicable toextension 5

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

Failure of supply

Failure of the supply of electricity gas orwater at the terminal ends of the supplyundertaking’s feeder at the premises fromany cause other than the deliberate act of the supply undertaking in withholding or restricting supply

Limit £5,000 any one incident

Failure of telecommunication services

Failure of the telecommunication services at the premises following actual physical damage of or totelecommunications property anywhere in the geographical limits


Specified disease murderfood poisoning defectivesanitation vermin

(a) any occurrence of a specifieddisease at the premises

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

8

7

6



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

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

(e) any discovery of vermin or pests at thepremises

which causes restrictions in the use of thepremises on the order or advice of thecompetent local authority(f) murder rape or suicide at the

premises

Definitions specific to thisextension

Specified diseasemeansAcute encephalitisAcute poliomyelitisAnthraxCholeraDiphtheriaDysenteryLegionellosisLegionnaires’ diseaseLeprosy LeptospirosisMalariaMeaslesMeningitisMeningococcalsepticaemia (without meningitis)MumpsOphthalmia neonatorumParatyphoid feverPlagueRabiesRelapsing feverRubellaScarlet feverSmallpoxTetanusTuberculosisTyphoid feverTyphus feverViral haemorrhagic feverViral hepatitis

Whooping coughYellow fever

Special condition applicable tothis extension

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

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

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

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

Bomb scare

Any bomb scare at or in the vicinity of the premises


Archaeological digs

Archaeological exercises which followdiscoveries made as a direct result of damage by any of the insured events

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The total amount we will pay will notexceed in the aggregate the sum insuredby each item

Reinstatement of Data

We will pay the costs you incur inreinstating data that is lost or damaged asa consequence of

(i) damage to computer equipment atyour premises

or(ii) loss or destruction of computer

equipment that is insured by theProperty damage plus section

Providing that

(a) our liability is limited solely to the costof reinstating data to any form ofelectronic magnetic and optical tapesand discs for use in any electroniccomputer or electronic data processingequipment

(b) we shall not be liable for any lossesdiscovered later than 180 days afterthe loss occurred

(c) we shall not be liable for loss ordamage to software

(d) we shall not be liable under thisextension for costs more specificallydescribed under extension 12Increased cost of working

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

Special condition - back-uprecords

You shall maintain a minimum of 2generations of verified back-up computerrecords taken at intervals no less frequentlythan 48 hours one copy as a minimumbeing held off site and take all reasonableprecautions to store and maintain recordsin accordance with the makersrecommendations


11

Computers – Increased costof working

We will pay costs necessarily andreasonably incurred by you for the solepurpose of avoiding or diminishinginterruption or interference to yourcomputer operations as a consequence of(i) damage to computer equipment at

your premisesor(ii) loss or destruction of computer

equipment that is insured by theProperty damage plus section


Memorandum

Index-linking

The sum insured for each item insured (but not extension limits) under this section other than rent receivable andadditional cost of working items shall be adjusted in accordance with a suitableindex selected by us

The annual renewal premium will beamended accordingly

Special conditions

Renewal clause Declaration-linked basis

You shall prior to each renewal supply us with the estimated gross profit orestimated revenue or estimated rentreceivable for the financial year mostnearly concurrent with the ensuing year of insurance

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Premium adjustment clause

(a) Sum insured basis If the gross profit or revenue or rent receivable earned whichever is applicable (or a proportionatelyincreased multiple of it where themaximum indemnity period exceedstwelve months) during the financialyear of twelve months most nearlyconcurrent with any period ofinsurance as certified by your auditorsis less than the sum insured a pro rata return of premium not exceeding50% of the premium paid on each sum insured for such period ofinsurance will be made in respect of the difference

If any damage occurs which gives rise to a claim under this section thereturn in premium made will be inrespect of the difference in grossprofit or revenue or rent receivablewhich is not due to the damage

(b) Declaration-linked basis The first and annual premiums are provisional and are based on the estimated gross profit orestimated revenue or estimated rent receivable

You shall supply us with not later than six months after the expiry ofeach period of insurance a declarationconfirmed by your auditors of thegross profit or revenue or rentreceivable earned during the financialyear most nearly concurrent with theperiod of insurance

If any damage shall have occurred givingrise to a claim for loss of gross profitor revenue or rent receivable the above-mentioned declaration shall be increased byus for the purpose of premium adjustmentby the amount by which the gross profitor revenue or rent receivable was reduced during the financial year solely in consequence of the damage

2 If the declaration (adjusted as providedabove and proportionately increased where the maximum indemnity periodexceeds 12 months) (a) is less than the estimated gross

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

(b) is greater than the estimated gross profit or estimated revenueor estimated rent receivable for therelative period of insurance you shallpay a pro rata addition to the premiumpaid on the estimated gross profitor estimated revenue or estimatedrent receivable



Liabilities 6


Definitions



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

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

Bodily injury means bodily injury death disease or illness

Business means that which has been described inthe schedule and which is conducted solely from premises in the geographicallimits including (a) the ownership repair and maintenance

of your property and premises (b) the provision of catering social sports

and welfare facilities for employedpersons and first aid medical andambulance services

(c) the provision of fire and security servicesmaintained only for the protection of premises owned or occupied by you

(d) private work undertaken by anemployed person with yourprior consent for a director partner or employee of yours

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

but this does not include any workundertaken offshore

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

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

borrowed by you or on your behalf or any work experience student or youth training scheme participant while under your direct control and supervision

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

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

Injury means bodily injury wrongful arrest or false imprisonment

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

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

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

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

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

(ii) all other costs and expenses inrelation to any matter which may form the subject of a claim for indemnity under this section of the policy

incurred with our prior written consent



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

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

Principal means any party (other than a directorpartner or employee of yours) on whosebehalf you are undertaking work (excluding the sale or supply of products) in connection with the business

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

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

Property means material property but this does not include data

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

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

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

(i) any principal(ii) any director partner or employedperson of yours

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

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

(d) any director partner or employee ofyours in respect of private work carried out with your prior consent by an employed person for suchdirector partner or employee

We will not provide an indemnity to anymedical or dental practitioner in respect ofmedical services provided

Cover 1 – Employers’ liability

This insurance is provided on a ‘Costs Inclusive’ basis

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

Cover

We will indemnify you against yourlegal liability to pay damages and legalcosts arising out of bodily injury to an employed person caused during theperiod of insurance (a) within the geographical limits or (b) while temporarily outside these

territories in connection with the business

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

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

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



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

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

Exclusion

No indemnity will be provided in respect of any liability in respect of bodily injuryfor which you are required to arrange motor insurance or security in accordancewith any road traffic legislation within the European Union

Extensions

Each of the following is subject to theterms of the policy

Unsatisfied court judgements

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

personal representatives in respect ofbodily injury caused during any periodof insurance and which arises out ofand in the course of their employmentwith you

(b) in any court situated within thegeographical limits

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

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

we will at your request pay to theemployee or their personal representativesthe amount of damages and any awardedcosts which remain unsatisfied subject tothere being no appeal outstanding

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

1

Compensation for court attendance

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

Any of your directors trustees or partners £500

Any employee £250

Cover 2 – Public & products liability

This insurance is provided on a ‘Costs in Addition’ basis

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

Cover

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

to goods or interference with anyeasement of air light water or way We will not provide indemnity in respectof any liability which arises from anydeliberate act or omission by you whichcould reasonably have been expectedhaving regard to the nature andcircumstances of such act or omissionor which is a natural consequence ofthe ordinary conduct of your business

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

2



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

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

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

contamination which we deem to haveoccurred during any period ofinsurance

shall not exceed the limit of indemnityshown in the schedule

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

Exclusions

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

indirectly in any way with any error or omission in the provision of professional services

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

(3) any liability arising from damage toproperty which is owned or held in trust by you or which is in yourcustody or control

This exclusion will not apply in respect of(a) personal effects including vehicles and

their contents belonging to employeesdirectors trustees partners or visitors

(b) premises and their contents not ownedby leased or rented by you at whichyou are undertaking work inconnection with the business

(c) premises including fixtures and fittingshired by or leased rented or borrowedby you but we shall not be liable for (i) the first £250 of any damage other

than caused by fire or explosion(ii) liability arising solely under the

terms of any contract or agreement(iii) any liability which arises from an

agreement to maintain in forceinsurance against loss of ordamage to the premises and their fixtures and fittings

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

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

wheelchairs and mobilityscooters

(ii) golf carts trolleys and buggies(iii) the use of plant as a tool of

trade on site(iv) the use of plant at your

premises (v) the loading or unloading of any

vehicle(vi) the movement of any vehicle

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

(b) any craft designed to travel in on orthrough water air or space but thisexclusion shall not apply to anynon-mechanically propelledwaterborne craft of less than 9metres in length whilst operated oninland waterways or within 3 miles of the coast

(5) any liability arising directly or indirectlyfrom pollution or contaminationunless the pollution or contaminationis caused by a sudden identifiable



unintended and unexpected incidentwhich takes place in its entirety at a specific moment in time and placeduring the period of insurance For the purposes of this exclusion all pollution or contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

(6) any liability arising from advice design orspecification provided for a fee or forwhich a fee would normally be charged

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

intended purpose (8) any liability arising from any contract

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

(9) the costs of remedying any defect or alleged defect in premises whichyou have disposed of

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

court of criminal jurisdiction (d) multiplied aggravated exemplary

or punitive damages (11) any liability arising from

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

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

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

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

craft designed to travel through air or space

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

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

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

and which have been specificallysupplied by you for that purpose

(13) any liability arising directly or indirectlyfrom caused by or in connection withany act of terrorismAlso excluded is any liability directly or indirectly caused by resulting fromor in connection with any action takenin controlling preventing suppressingor in any way relating to any act of terrorismIf we allege that by reason of thisexclusion any liability for damagescosts or expenses of whatsoevernature is not covered by this policy the burden of proving the contrary shall be upon you

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

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

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

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

contractor is employed to makesafe the area in which thediscovery is made as soon as is



practicable and who has Employers’and Public Liability insurance inforce which provides limits ofindemnity no less than thoseprovided by your policies and whichdo not exclude the work to becarried out

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

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

(17) any liability arising from damage toproperty where there is a requirementto arrange cover under clause 6.5 ofthe 2005 JCT conditions or any similarcontract clause

Extensions

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

Cross liabilities

If you consist of more than one party (andin the case of partnerships this shall meaneach individual partner) we will indemnifyeach party in the terms of this policyagainst liability incurred to the other in thesame manner and to the same extent as ifa separate policy had been issued to eachsubject to the maximum amount payable in respect of damages arising out of oneevent not exceeding the limit of indemnity

Compensation for court attendance

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

Any of your directors trustees or partners £500

Any employee £250

1

2

Contingent motor liability

Notwithstanding exclusion 4 regardingvehicles we will indemnify you alone inrespect of legal liability for injury ordamage arising out of the use by anyemployee in the course of the business ofany mechanically propelled vehicle which isneither owned by nor provided by you

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

any property contained or beingtransported within it

(b) injury or damage arising while thevehicle is being driven by you or any person who to your knowledgedoes not hold a licence to drive such a vehicle (unless they have held and are not disqualified for holding or obtaining such a licence)

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

(d) injury or damage arising outside thegeographical limits

Data Protection Act 1998

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

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

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

rectifying erasing blocking ordestroying any personal data

(c) liability arising from or caused by adeliberate or intentional act by oromission of any person entitled to

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indemnity (d) claims arising out of circumstances

which have been notified to previousinsurers or which were known to you at the inception of this extension

(e) legal liability where indemnity isprovided by any other insurance

Defective Premises Act

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

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

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

any defect or alleged defect in thepremises disposed of

Liability section extensions

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

Corporate manslaughterdefence costs

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

5

Provided that

(a) our liability under this extension shallnot exceed £1,000,000 in any oneperiod of insurance This limit will form part of and not be inaddition to the limit of indemnity statedin the schedule

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

(c) where we have already provided anindemnity in respect of any legalcosts incurred in the defence of anycriminal proceedings arising out of thesame event which has given rise tothe proceedings in respect ofcorporate manslaughter or corporatehomicide any amount already paid byus will be taken into account incalculating our liability under thisextension

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

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

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

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

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



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

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

Prosecution defence costs

Cover

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

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

Act 1974 (ii) Part II of the Consumer Protection

Act 1987 (iii) the Food Safety Act 1990 alleged to have been committed during the period of insurance in connection with the business

Exclusions

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

other insurance (b) in circumstances where injury or

damage has occurred (c) in respect of fines or penalties

of any kind

(d) in respect of any costs expenses or reimbursements resulting from an order made under Section 9 or resulting from any Regulation inrespect of charges under Section 45of the Food Safety Act 1990

(e) where the proceedings have resultedfrom any deliberate act or omission by (i) you or any director or partner

of yours(ii) any employee of yours who

has specific responsibility forcompliance with the abovelegislation

which could reasonably have beenexpected to constitute a breach of theabove legislation

Limit of indemnity

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




Note (not forming part of the policy): to ensure an expert service the cover under this section has been arranged by usin conjunction with DAS Legal ExpensesInsurance Company Limited (DAS). We areresponsible for paying any claims under this policy but DAS manage all claimmatters and correspondence on our behalf.

Send your claim to:

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

Tel 0117 934 2104

When presenting a claim for legalexpenses, the insured person must informDAS as soon as possible and within thetime limits stipulated under the individualcovers and general exclusions to thissection, giving full details in writing of theinsured event and provide such proofs,supporting evidence and other informationas DAS may require.

Definitions



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

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

Costs and expenses means (1) Legal costs

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

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

Legal expenses 7



(3) Attendance expensesThe insured person’s salary or wagesfor the time that the insured personis off work to attend any arbitrationcourt or tribunal hearing at the requestof the appointed representativeor as a defendant or while attendingjury service We will pay for each half or whole daythat the court tribunal or the insuredperson’s employer will not pay for

The amount we will pay is based on the following (a) The time the insured person is off

work including the time it takes totravel to and from the hearing This will be calculated to the nearesthalf day assuming that a whole day is eight hours

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

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

DAS means DAS Legal Expenses InsuranceCompany Limited

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

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

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

(3) For licence or registration appeals when the Insured first became awareof the proposal by the relevantlicensing or regulatory authority tosuspend alter the terms or refuse torenew or cancel the Insured’s licenceor British Standard Certificate ofRegistration

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

(5) For Employers Compliance and Value Added Tax disputes when the relevant authority sends an assessment or written decision to the Insured

(6) For Charity Commissioners investigations the date the Insuredreceives notification from the Charity Commission that they are to conduct an investigation

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



Insured event means the circumstances in which the insurance provided by this section will operate as described in each separate cover

Insured person means the Insured and the directorstrustees partners managers employeesauthorised volunteers and any otherindividuals declared to us by the Insured

Limit of indemnity means the sum shown in the schedulewhich is the most we will pay for all claims resulting from one or more eventsarising at the same time or from the same originating cause

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

Territorial limit means

For insured event 2 – Legal Defence (excluding 2(4)) and insured event 6(b) – Bodily Injury The European Union the Isle of Man theChannel Islands Albania Andorra BosniaHerzegovina Croatia Gibraltar IcelandLiechtenstein Macedonia MonacoMontenegro Norway San Marino SerbiaSwitzerland and Turkey (West of the Bosphorus)

For all other Insured events The United Kingdom of Great Britain andNorthern Ireland the Isle of Man and theChannel Islands

The Insured means as shown in the policy schedule

Cover

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

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

(b) any legal proceedings will be dealt with by a court or other body which DAS agree to in the territoriallimit and

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

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

Before we pay any costs and expensesfor appeals DAS must agree that it isalways more likely than not that the appealwill be successful

If an appointed representative is used wewill pay the costs and expenses incurred for this

We will pay compensation awards that DAS have agreed to

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



Insured events

Employment disputes compensation awards & service occupancy

(a) Employment disputes

DAS will represent the Insured in (1) defending the Insured’s legal rights

prior to the issue of legal proceedingsin a court or tribunal following the dismissal of an employee or

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

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

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

Exclusions (i) Any employment dispute where

the cause of action arises within the first 90 days of the indemnityprovided by this section

(ii) Any dispute with an employee who was subject to a written or oralwarning (formal or informal) within 180 days immediately preceding the inception date of the indemnityprovided by this section if the date of occurrence was within the first 180days of the indemnity provided by this section

1

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

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

(v) Any claim arising from or relating to anytransfer of business which falls within thescope of the Transfer of Undertakings(Protection of Employment) Regulations2006 or the Transfer of Employment(Pension Protection) Regulations 2005

(b) Compensation awards

We will pay (i) any basic and compensatory award

and/or (ii) an order for compensation following a

breach of the Insured’s statutoryduties under employment legislation

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

Provided that (1) In cases relating to performance

and/or conduct the Insured hasthroughout the employment disputeeither (a) followed the ACAS Code of

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

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

(c) sought and followed advice fromDAS Legal Advice Service

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



(3) For any compensation award forredundancy or alleged redundancy or unfair selection for redundancy the Insured has sought and followedthe advice given by DAS ClaimsDepartment prior to serving notice of redundancy

(4) The compensation is awarded by atribunal or through ACAS ArbitrationScheme under a judgement made after full argument and otherwise thanby consent or default or is payableunder settlement approved in writing in advance by DAS

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

Exclusions (i) Any compensation award relating to

the following (a) Trade union activities trade union

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

paternity rights (c) Health and safety related

dismissals brought under Section 44 of the EmploymentRights Act 1996

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

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

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

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

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

(c) Service occupancy

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

Exclusion Any claim relating to defending theInsured’s legal rights other than defendinga counter-claim

Legal defence

At the Insured’s request (1) DAS will defend the insured person’s

legal rights (a) prior to the issue of legal

proceedings when dealing with the – Police – Health & Safety Executive and/or Local Authority Health and Safety Enforcement Officer the Environment Agency and the Local Council

where it is alleged that the insuredperson has or may have committed acriminal offence or (b) following an event which leads to

the insured person beingprosecuted in a court of criminaljurisdiction or

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

(2) DAS will defend the Insured’s legalrights following civil action takenagainst the Insured for wrongfularrest in respect of an accusation oftheft alleged to have been carried outduring the period of insurance

2



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

an employee or authorised volunteerleads to a civil action being takenagainst them under legislation forunlawful discrimination on thegrounds of sex sexual orientationrace disability age religious belief or political opinion or

(b) civil action is taken against them as a trustee of a pension fund set up for the benefit of theInsured’s employees

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

(5) DAS will represent the Insuredin appealing against the refusal of the Information Commissioner toregister the Insured’s application for registration

(6) We will pay the attendance expensesof an insured person for jury service

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

Health and Safety at Work etc. Act1974 are concerned the territorial limit shall be any place where the Act applies

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

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

Statutory licence protection

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

Exclusions (i) An original application or application

for renewal of a statutory licence or British Standard Certificate ofRegistration

(ii) Any licence appeal relating to the ownership driving or use of a motor vehicle

Contract disputes

DAS will negotiate for the Insured’s legalrights in a contractual dispute arising fromthat agreement or that alleged agreementwhich has been entered into by or onbehalf of the Insured for the purchase hiresale or provision of goods or of services

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

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

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

(3) if the dispute relates to money owedto the Insured a claim under thissection is made within 90 days of themoney becoming due and payable

4

3



Exclusions (i) Any dispute arising from an agreement

entered into prior to the inception date of the indemnity provided by thissection if the date of occurrence iswithin the first 90 days of theindemnity provided by this section

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

insurance policy (b) A lease licence or tenancy of land

or buildings other than a disputewith a professional adviser inconnection with the drafting of alease licence or tenancy agreement

(c) A loan mortgage pension or anyother financial product and chosesin action

(d) A motor vehicle owned by or hiredby or leased to the Insured

(iii) A dispute with an employee or ex-employee which arises out of or relates to a contract of employmentwith the Insured

(iv) A dispute which arises out of – the sale or provision of computerhardware software systems orservices or

– the purchase or hire of computerhardware software systems orservices tailored by a supplier tothe Insured’s own specification

(v) A dispute arising from a breach oralleged breach of professional duty by an insured person

(vi) The recovery of money and interestdue from another party other thandisputes where the other partyintimates that a defence exists

Debt recovery

DAS will negotiate for the Insured’s legalrights including enforcement of judgementto recover money and interest due from the sale or provision of goods or services

Provided that (1) the debt exceeds £250 (2) the Insured has exhausted all credit

control and accounting procedures as declared to DAS

(3) a claim for debt recovery under thissection is made within 90 days of themoney becoming due and payable

(4) DAS has the right to select the methodof enforcement or to forego enforcingjudgement if they are not satisfied thatthere are or will be sufficient assetsavailable to satisfy judgement

Exclusions(i) Any debt arising from an agreement

entered into prior to the inception date of the indemnity provided by thissection if the debt is due within thefirst 90 days of the indemnity providedby this section

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

insurance policy (b) A lease licence or tenancy of land

or buildings (c) A loan mortgage pension or any

other financial product and chosesin action

(d) A motor vehicle owned by or hiredor leased to the Insured

(iii) A dispute which arises out of thepurchase hire sale or provision ofcomputer hardware software systemsor services

(iv) The recovery of money and interest due from another party where the otherparty intimates that a defence exists

5



Property protection and bodily injury

(a) Property protection

DAS will negotiate for the Insured’s legalrights in any civil action relating to materialproperty which is owned by or theresponsibility of the Insured following (1) any event which causes or could

cause physical damage to suchmaterial property or

(2) any nuisance or trespass

Exclusions Any claim relating to the following (i) A contract entered into by the Insured (ii) Goods in transit or goods lent

or hired out (iii) Goods at premises other than

those occupied by the Insured unless the goods are at such premises for the purpose of installations or use in work to be carried out by the Insured

(iv) Mining subsidence (v) Defending the Insured’s legal

rights other than in defending acounter-claim

(vi) A motor vehicle owned by or hired or leased to an insured person

(b) Bodily injury

At the Insured’s request DAS willnegotiate for an insured person’s and their family members legal rights followingan event which causes the death of orbodily injury to them

Exclusions Any claim relating to the following (i) Any illness or bodily injury which

develops gradually or is not caused by a specific or sudden accident

(ii) Defending an insured person’s andtheir family members legal rights otherthan in defending a counter-claim

(iii) A motor vehicle owned by or hired or leased to or used by an insuredperson or their family member

6 Tax protection

(a) Full enquiries or aspect enquiries

DAS will negotiate on behalf of theInsured and represent them in any appealproceedings in respect of a full enquiryand/or aspect enquiry and/or aninvestigation carried out by the CharityCommissioners into the Insured’sbusiness accounts

(b) Employers compliance

DAS will negotiate on behalf of theInsured and represent them in any appeal proceedings in respect of a disputeconcerning the Insured’s compliance with Pay As You Earn or Social SecurityRegulations following a review by the HMRevenue & Customs or the Department of Social Security Contributions Agency

(c) VAT disputes

DAS will negotiate on behalf of the Insured and represent them in any appealproceedings following an assessmentissued by HM Revenue & Customs inrespect of Value Added Tax due

Provided that (1) For all insured events the Insured has

taken reasonable care to ensure that all returns are complete and correct andthat such returns are submitted withinthe statutory time limits allowed

(2) We will not pay more than £2,000 for aspect enquiries

Exclusions(i) In respect of aspect enquiries the

first £200 of costs and expenses ineach and every claim

(ii) Any insured event arising from a tax avoidance scheme

(iii) Any insured event caused by thefailure of the Insured to register forValue Added Tax

7



(iv) Any insured event arising from anyinvestigations or enquiries undertakenby the HM Revenue & CustomsSpecial Investigation Section orSpecial Compliance Office

(v) Any insured event arising from anyinvestigation or enquiry by HMRevenue & Customs into allegeddishonesty or alleged criminal offences

Exclusions

1 Any claim reported to DAS more than180 days after the date the insuredperson should have known about theinsured event

2 Any costs and expenses incurredbefore the written acceptance of aclaim by DAS

3 Fines penalties compensation ordamages which the insured personis ordered to pay by a court or otherauthority other than compensationawards as covered under insured event 1(b) – Compensation awardsand insured event 2 – Legal defence

4 Any claim relating to patentscopyrights trademarks merchandisemarks registered designs intellectualproperty secrecy and confidentialityagreements

5 Any claim relating to franchise rights or agency rights where the Insuredhas the legal capacity to alter the legalrelations of another

6 Any insured event deliberately or intentionally caused by an insured person

7 A dispute with us or DAS not otherwise dealt with under Condition 7 of this section

8 Any claim relating to a shareholding orpartnership share in the Insuredunless such shareholding was acquiredunder a scheme open to all employeesof the Insured or a substantial numberof them of a certain minimum gradeother than the directors trustees orpartners of the Insured

9 An application for judicial review

10 Any legal action an insured persontakes which DAS or the appointedrepresentative have not agreed to or where the insured persondoes anything that hinders DAS or the appointed representative

11 When either at the commencement of or during the course of a claimnotified under this section the Insuredis bankrupt or has filed a bankruptcypetition or winding-up petition or has made an arrangement with itscreditors or has entered into a deed or arrangement or is in liquidation orpart or all of its affairs or property are in the care or control of a receiveror administrator



Conditions

1 An insured person must (a) keep to the terms and conditions

of this section(b) notify us immediately of any

alteration which may materiallyaffect our assessment of the risk

(c) take reasonable steps to keep any amount we have to pay as low as possible

(d) try to prevent anything happeningthat may cause a claim

(e) send everything DAS ask for in writing

(f) give DAS full details of any claim as soon as possible and give DASany information they need

2 (a) DAS can take over and conduct inthe name of an insured personany claim or legal proceedings atany time DAS can negotiate any claim onbehalf of an insured person

(b) if DAS agree to start legalproceedings and it becomesmandatory for an insured personto be represented by a lawyer or if there is a conflict of interest aninsured person can choose anappointed representative bysending DAS the suitably qualifiedperson’s name and address DAS may choose not to accept the choice of representative but only in exceptional circumstances If there is a disagreement over the choice of appointedrepresentative another suitablyqualified person can be appointedto decide the matter

(c) before an insured personchooses a lawyer or accountantDAS can appoint an appointedrepresentative

(d) an appointed representativewill be appointed by DAS andrepresent an insured person

according to DAS’s standard terms of appointment The appointed representativemust co-operate fully with DASat all times

(e) DAS will have direct contact with the appointed representative

(f) an insured person must co-operate fully with DAS and the appointed representativeand must keep DAS up-to-datewith the progress of the claim

(g) an insured person must give theappointed representative anyinstructions that DAS require

3 (a) An insured person must tell DASif anyone offers to settle a claim

(b) If an insured person does notaccept a reasonable offer to settlea claim we may refuse to pay anyfurther costs and expenses

(c) We may decide to pay the insuredperson the amount of damages that the insured person is claimingor is being claimed against theminstead of starting or continuinglegal proceedings

4 (a) If DAS ask an insured personmust tell the appointedrepresentative to have costs and expenses taxed assessed or audited

(b) An insured person must takeevery step to recover costs andexpenses that we have to pay and must pay us any costs andexpenses that are recovered

5 If an appointed representativerefuses to continue acting for aninsured person with good reason or ifan insured person dismisses anappointed representative withoutgood reason the cover we provide will end at once unless DAS agree to appoint another appointedrepresentative



6 If an insured person settles a claim or withdraws their claim without theagreement of DAS or does not givesuitable instructions to an appointedrepresentative the cover we providewill end at once and we will be entitledto re-claim any costs and expensespaid by us

7 If DAS and an insured persondisagree about the choice ofappointed representative or aboutthe handling of a claim DAS and theinsured person can choose anothersuitably qualified person to decide the matter

DAS and the insured person mustboth agree to this in writing

If DAS cannot agree with the insuredperson about the choice of thesecond suitably qualified person DASwill ask the president of a relevantnational law society to choose asuitably qualified person

Whoever loses the disagreement willhave to pay the cost of settling it

8 DAS may at their discretion require the Insured to obtain an opinion fromcounsel at the Insured’s expense as to the merits of a claim or proceedings

If counsel’s opinion indicates that thereare reasonable grounds for the pursuitor defence of a claim or proceedingsthe cost of obtaining the opinion willbe paid for by us

9 All acts of parliament within the section wording shall include equivalent legislation in Scotland Northern Irelandthe Isle of Man or the Channel Islandsas the case may be

10 This section will be governed byEnglish law




Definitions



Bodily injury means bodily injury resulting directly andindependently of any other cause within twenty-four calendar months indisablement or death

Business hours means any time when anyone withresponsibility for money is in attendance at the premises for the purpose of your business

Deferment period means the initial period specified in the schedule following bodily injuryduring which the temporary totaldisablement benefit is not payable

Insured person(s) means any employee or authorisedvolunteer of the Insured

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at or above the wrist or ankle or total and irrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

Money means current notes and coins cheques(other than pre-signed blank chequeswhether crossed or uncrossed) postalorders money orders securities for moneycrossed bankers drafts unused postagestamps travellers cheques National Savingsstamps and certificates Premium BondsNational Insurance stamps and stampedNational Insurance cards credit and debit card sales vouchers giro paymentorders value added tax purchase vouchersluncheon vouchers gift tokens and unused credit on postal franking machinesbelonging to you or for which you areresponsible pertaining to the business

Money in transit means money other than non-negotiablemoney in transit whilst in personalcustody or in a bank night safe until thebank accepts responsibility

Non-negotiable money means crossed cheques (other than pre-signed blank cheques) crossed postalorders crossed money orders crossedbankers drafts National Savings certificatesPremium Bonds stamped NationalInsurance cards credit and debit card sales vouchers value added tax purchasevouchers and unused credit on postalfranking machines

Money with assault extension 8



Other money means money other than non-negotiable money

Permanent total disablement means permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall havelasted for 104 weeks and which in all probability will last for the remainder of life

Personal custody means within the immediate personalcontrol of you or any other responsibleperson authorised by you

Temporary total disablementmeans disablement from engaging in or giving attention to usual profession trade business or occupation for a period not exceeding 104 weeks in all from the commencement of such disablement

Cover A – Money

We will indemnify you in respect of loss of money happening during the period of insurance anywhere in thegeographical limits

Our liability in respect of any one loss shallnot exceed the amount stated in the schedule

Extensions


Damage to safes

We will indemnify you against damage toany safe strongroom or cash carrying bag belonging to you or for which you areresponsible arising in connection with theftor attempted theft of insured money

Damage to clothing and personal effects

We will indemnify you against damageto clothing and personal effects belongingto you or any of your directors trusteesemployees or authorised volunteers orrepresentatives arising in connection withtheft or attempted theft of insured money

Dishonesty of employee

We will indemnify you against loss due tothe dishonesty of any director trusteeemployee or authorised volunteer of theInsured provided that(i) such loss is not insured by a specific

policy of fidelity guarantee(ii) the loss is discovered within fourteen

days of the occurrence(iii) our liability for such loss shall not

exceed £2,000 per person nor £5,000in total in any one period of insurance

Fund raising events

For the period from two days before untilseven days after a fund-raising event thelimits shown in the schedule are doubledfor the following(a) money whilst in the course of transit

or in a bank night safe(b) money whilst being counted or in

the home of any employee(c) money in a locked safe in the premises

4

3

2

1



Exclusions

We shall not be liable in respect of loss(1) due to the dishonesty of any director

trustee authorised volunteer oremployee of the Insured other than asprovided for by Extension (3) above

(2) whilst the money is in the custody orcontrol of a professional carrier

(3) during transit by unregistered post(4) from an unattended vehicle(5) from any gaming or vending machine

unless shown otherwise in the schedule(6) due to clerical or accounting errors

depreciation in value unexplainedshortage dishonoured cheques or to the use of counterfeit money

(7) in excess of the ‘in any othercircumstances’ limit shown in theschedule of money (other than non-negotiable money) from anyroom left unattended and unlockedunless this occurs during businesshours and such money is contained in a locked safe cupboard or desk with the key held in personal custody

(8) of completed credit or debit card salesvouchers unless a copy of eachvoucher is at all times kept in a secureplace separate from its counterpart

Special condition

Safe keys

It is a condition precedent to liability inrespect of loss of money from locked safeor locked strongroom that all keys (exceptthose deposited with a bank) for safes andstrongrooms containing money and notes of combination locks letters and numbersmust be held in personal custody

Cover B – Assault extension

If during the period of insurance aninsured person sustains bodily injury inthe course of their employment by you as adirect result of robbery or hold-up or anyattempt thereat we will pay the appropriatebenefit

Scale of benefits

The level of benefits are shown in the schedule

If the benefits are expressed in units one unit provides

1 Death £2,500

2 Loss of limb(s) or loss of eye(s) £2,500

3 Permanent total disablement £2,500

4 Temporary total disablement £25 per week

5 Medical expenses Maximum of 15% of the benefits payable under 4 above

Extension

Hospital benefit and dental expenses

If during the period of insurance aninsured person sustains bodily injury in thecourse of their employment by you as adirect result of robbery or hold up or anyattempt thereat we will pay(a) dental expenses incurred by the

insured personLimit £500

(b) £20 a day up to £200 if as a result of the bodily injury the insured person goes into hospital for in- patient treatment



Exclusions

We shall not be liable for bodily injury(1) arising from wilful exposure to

needless peril (except in an attempt to save human life)

(2) sustained by any person before thatperson attains the age of 16 years or after the expiry of the period of insurance in which that person attained the age of 70 years

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving riseto a claim other than for temporarytotal disablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporary total disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any one insured person in connection with the same accident

4 A receipt given by you or by your legalpersonal representatives shall be avalid discharge of our liability underthis section

5 No compensation shall become payable until the total amount shallhave been ascertained and agreed save that periodic payments on accountof temporary total disablementmay be made by us




Definition

Each time the following appears in thissection in bold italic type (or in capitalletters in the schedule) it will take thespecific meaning shown below

Where it is not highlighted in this mannerthe normal everyday meaning of the word or phrase will apply

Whilst in transitmeans (a) whilst being loaded on to or unloaded

from the vehicle used for the transit(b) whilst temporarily housed on the

vehicle during transit(c) whilst on the vehicle on a vehicle ferry

during direct sea transits betweenparts of the geographical limits

Cover

We will indemnify you (by payment up tothe value of the insured property at the time of loss or at our option by repair reinstatement or replacement) in respect ofdamage to any part of the property by anycause not specifically excluded happeningduring the period of insurance whilst intransit by any road vehicle operated by you or by road hauliers or sent by courierparcel post or rail as described in theschedule anywhere in the geographicallimits

Provided that our liability during any oneperiod of insurance shall not exceed inrespect of any vehicle or consignment thelimits stated in the schedule

Memorandum

Underinsurance

If the value of the property insured by this section on or in any vehicle orconsignment is at the time of damage ofgreater value than the appropriate limit anyone vehicle or consignment shown in theschedule you shall be considered as beingyour own insurer for the difference andshall bear a rateable share of the damageaccordingly

Exclusions

We shall not be liable for (1) damage caused by or arising from

packing inadequate to withstandnormal handling during transit

(2) damage to (a) money securities bills of exchange

deeds manuscripts documentsbusiness books computer systemsrecords patterns models mouldsplans and designs

(b) bullion gold and silver articlesprecious metals stones jewelleryand furs

(c) non-ferrous metals tobaccocigarettes cigars wines spiritsradios television sets audio andvideo equipment discs cassettesand livestock

(d) explosives and other dangerousgoods

unless specially mentioned as being insured

Goods in transit9



(3) damage caused by or arising from (a) wear and tear moth vermin insects

mildew rust contamination electricalor mechanical derangement unlesscaused by external means inherentvice or nature of the property

(b) deterioration depreciation delay in transit loss of market or otherconsequential loss

(c) riot civil commotion strikesconfiscation requisition destructionor damage by order of theGovernment or any public local or customs authority

(4) damage to property on open vehicles caused by (a) the weather unless the property

is suitably protected (b) theft or attempted theft

(5) deterioration of refrigerated goodsfollowing breakdown or failure of refrigeration equipment unless such failure or breakdown is due to an accident to the vehicle

(6) damage resulting from theft orattempted theft (a) committed assisted brought about

or connived at by any of yourdirectors trustees or employees or authorised volunteers

(b) from any unattended vehicle unless(i) all doors windows and other

points of access have beenclosed and locked and anysecurity devices correctly set to operate and all keysremoved from the vehicle

(ii) during the hours from 9pm to6am such vehicle is housed in a securely locked building or guarded security park




Definitions



Accidental bodily injury means bodily injury resulting directly andindependently of any other cause withintwenty-four calendar months in disablementor death

Deferment period means the initial period specified in theschedule following accidental bodily injury during which the temporary totaldisablement benefit is not payable

Insured person(s) means as specified in the schedule

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at orabove the wrist or ankle or total andirrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

Permanent total disablementmeans permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall have lastedfor 104 weeks and which in all probabilitywill last for the remainder of life

Temporary total disablement means disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period not exceeding 104 weeks in all from thecommencement of such disablement

Cover

If during the period of insurance aninsured person sustains accidental bodilyinjury(1) at any time if Cover A applies (2) arising out of and in the course of their

employment by you if Cover B applies

we will pay the appropriate benefit

Cover operative (A) or (B)

As specified in the schedule

Scale of benefits

The level of benefits are shown in the schedule

If the benefits are expressed in units one unit provides the following

1 Death£2,500

2 Loss of limb(s) or loss of eye(s) £2,500

3 Permanent total disablement £2,500

4 Temporary total disablement £25 per week

5 Medical expenses Maximum of 15% of the benefits payable under 4 above

Personal accident10



Extensions

Hospital benefit and dental expenses

If during the period of insurance aninsured person sustains bodily injury(1) at any time if cover A applies(2) arising out of and in the course of their

employment by you if cover B applieswe will pay (a) dental expenses incurred by the

insured personLimit £500

(b) £20 a day up to £200 if as a result of the bodily injury the insured person goes into hospital for in- patient treatment

Clothing and personal effectsExclusions

If we accept a claim for accidental bodilyinjury under this section we will pay for theinsured person’s clothing and personaleffects damaged at the same time up to anamount of £500 per person such amountbeing in addition to any amount recoverableunder the Property damage section(excluding any claim where we have paidfor personal effects under the Money withassault section of this policy)

2

1

Exclusions

We shall not be liable for accidental bodily injury(1) arising from

(a) any consequence of suicide ordeliberate self-injury intemperancevenereal disease insanitypregnancy childbirth the influenceof drugs unless such drugs aretaken as prescribed and directed by a qualified registered medicalpractitioner but not for thetreatment of drug addiction

(b) any health problem which oughtreasonably to have been within the knowledge and belief of theinsured person or you at inceptionof this insurance or prior to thelatest renewal thereof and whichhas not been declared to andaccepted in writing by us

(c) wilful exposure to needless peril (except in an attempt to save human life)

(d) any insured person taking part in practising or training for any of the excluded activities

(2) sustained by any person before thatperson attains the age of 16 years or after the expiry of the period of insurance in which that personattained the age of 70 years

(3) directly or indirectly caused orcontributed to by an act of terrorisminvolving the use of or release or the threat thereof of any nuclearweapon or device or chemical orbiological agent regardless of anycontributory cause If we allege that by reason of thisexclusion any accidental bodily injury is not covered by this policy the burden of proving the contrary shall be upon you



Excluded activities

n Aqualung diving

n Flying (except as a fare-paying passenger) hang-gliding or parachuting

n Hunting on horseback polo showjumping or steeple chasing

n Driving riding or sailing in any kind of race

n Riding motor cycles or motor scooters as a driver or passenger

n Winter sports other than curling or ice-skating

n Football other than amateur Association or rugby football

n Mountaineering cliff or rock climbingabseiling subterranean or elastic ropesports or activities

n Any pursuit or activity involvingpersonal danger or hazard

n Playing in any sport professionally

n Service in the armed forces

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving riseto a claim other than for temporarytotal disablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporary total disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any one insured person in connection with the same accident

4 A receipt given by you or by yourlegal personal representatives shall be a valid discharge of our liabilityunder this section

5 No compensation shall becomepayable until the total amount shallhave been ascertained and agreedsave that periodic payments onaccount of temporary totaldisablement may be made by us




Definitions



Gross profitmeans the amount by which the sum of the amount of the turnover and theamounts of the closing stock and work inprogress shall exceed the sum of theamounts of the opening stock and work inprogress and the amount of purchases anddiscounts relating thereto and bad debts

The amounts of the opening and closingstocks and work in progress shall be arrived at in accordance with your normalaccountancy methods due provision being made for depreciation

Indemnity period means the period beginning with the loss of the licence and ending not later than 12 months thereafter (or when the premisesare sold if earlier) during which the results of the business shall be affected inconsequence of the loss of licence

Licence means any premises licence granted underthe Licensing Act 2003

Rate of gross profit means the rate of gross profit earned on the turnover during the financial yearimmediately before the loss of licence

Standard turnover means the turnover during the periodcorresponding with the indemnity periodin the twelve months immediately beforethe loss of licence to which suchadjustments shall be made as necessary to provide for the trend of the businessand for variations in or other circumstancesaffecting the business either before orafter the loss of licence and which wouldhave affected the business had the loss of licence not occurred so that the figuresthus adjusted shall represent as nearly as may be reasonably practicable theresults which but for the loss of licencewould have been obtained during therelative period after the loss of licence

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

Cover

If during the period of insurance and from any cause outside your direct control the licence in respect of the premisesis cancelled under the provisions of theappropriate legislation governing thelicence or renewal is refused we will pay or make good to you all loss that youmay sustain in respect of (1) depreciation in value of your interest

in the premises by the cancellation of or refusal to renew the licence

Loss of licence11



(2) loss of gross profit due to (a)reduction in turnover and (b) increasein cost of working occurring during the indemnity period and the amountpayable as indemnity will be (a) in respect of reduction in turnover

the sum produced by applying the rate of gross profit to theamount by which the turnoverduring the indemnity period shall inconsequence of the loss of licencefall short of the standard turnover

(b) in respect of increase in cost ofworking the additional expenditurenecessarily and reasonably incurredfor the sole purpose of avoiding or diminishing the reduction inturnover which but for thatexpenditure would have takenplace during the indemnity periodin consequence of the loss oflicence but not exceeding the sumproduced by applying the rate of gross profit to the amount of the reduction thereby avoided

less any sum saved during theindemnity period in respect of suchof the charges and expenses of thebusiness payable out of gross profitas may cease or be reduced inconsequence of the loss of licence

The most we will pay in any one period of insurance under 1 and 2 above is£100,000 or the limit of liability stated in the schedule

Exclusions

We shall not be liable in respect of (1) any refusal to renew the licence

where compensation is available underthe provisions of any act of Parliament

(2) any cancellation or refusal to renewthe licence which arises directly orindirectly from any town or countryplanning improvement redevelopmentor compulsory purchase order or from any surrender reduction or redistribution of licences inconnection with such order

(3) any cancellation or refusal to renewwhich results from any alteration in the law

(4) any premises which are (i) altered without the approval of

the licensing or other necessaryauthority

(ii) closed for any period not requiredby law

(iii) not maintained in good sanitary and general repair

(5) any direction or requirements of thelicensing or other authority which arenot complied with

(6) any cancellation or refusal to renewwhich is caused wholly or partly by your misconduct procurementconnivance neglect or omission or by any omission to take any stepnecessary to keep the licencein force



Special conditions

It is a condition precedent to liability that (1) You give us immediate notice

in writing of (a) any change in tenancy or

management of the premises(b) transfer or proposed transfer of

the licence(c) complaint against the premises

or the control thereof (d) proceeding against or conviction

of the licence holder managertenant or other occupier of thepremises for any breach of thelicensing laws or any matterwhereby the character or reputationof the person concerned is affectedwith respect to their honesty moralstanding or sobriety

(e) objection to renewal or othercircumstances which may endangerthe licence or renewal thereof

(2) in the event of the death bankruptcy or incapacity of any tenant manageroccupier or licence holder or if anysuch person absconds or is convictedof any offence you shall wherepracticable and at our request procurea suitable replacement and makeapplication for the transfer of thelicence or grant of the licence by way of renewal to such other person

(3) Claims – your duties In the event of cancellation of thelicence or your receiving notice of a proposal to cancel the licenceyou shall (a) notify us in writing within 24

hours of receiving knowledge ofthe actual or threatened eventstating the grounds upon which the licence may be cancelled

(b) within 30 days of being requestedto do so by us provide at yourexpense a statement of your lossand such documents statementsand accounts as may reasonably berequired by us for the purpose ofverifying the claim together with (ifdemanded) a statutory declarationof the truth of the claim and of any related matter and give us freeaccess to the premises and thebooks and accounts thereof as maybe necessary for ascertaining thedepreciation in the value of thepremises

(c) take at your expense all practicablesteps to minimise a claim

(d) at our request and at our expensedo and concur in doing and permitto be done all such acts and thingsas may be necessary and orreasonably required by us for thepurpose of enforcing any rights and remedies or of obtaining reliefor indemnity from other parties towhich we shall or would becomeentitled or subrogated upon payingfor or making good any loss underthis section whether such acts and things shall be or becomenecessary or required before orafter their indemnification by us


Household12


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

Definitions

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

Where words or phrases are not highlightedin this manner the normal everydaymeaning of the word or phrase will apply

High risk itemsArticles made of platinum gold or silverjewellery clocks watches furs picturesworks of art stamp coin or medalcollections and any other items noted underthis heading in the schedule

HomeThe residential portion of the premises

Insured/you/yourmeans the Insured set out in the schedulewho live at the home and their family whonormally live with them

Insured eventsmeans Insurable events 1 to 17 asdescribed in the Property damage sectionof this policy except that for the purposesof this section theft under Insurable event17 does not have to involve forcible andviolent means unless the home is lentlet or sublet

Items insuredmeans the items insured as set out in theHousehold section of the schedule to thispolicy

Money means personal money including currentnotes and coins cheques traveller’scheques postal or money orders postagestamps (not forming part of a stampcollection) National Savings stamps orcertificates Premium Bonds luncheon

vouchers gift tokens travel tickets and otherseason tickets stamps for television licencegas electricity or other bills telephone cardsand trading stamps held for privatepurposes

Motor vehiclemeans any electrically or mechanicallypowered vehicle other than

(a) a vehicle used only as domesticgardening equipment

(b) battery powered wheelchairs and mobility scooters

(c) a golf cart trolley or buggy(d) a pedestrian controlled toy or model

Personal contents means household goods furniturefurnishings high risk items and personalitems worn used or carried about theperson including bicycles sports equipmentand musical instruments all belonging toyou or for which you are legally responsible

Excluding (i) landlords fixtures and fittings or

improvements you make to thebuildings unless itemised

(ii) property used for business orprofessional purposes other thanbusiness equipment used solely forclerical or administrative use

(iii) money securities and documents ofany kind

(iv) motor vehicles caravans (touring orstatic) trailers aircraft hovercraft andany accessory which is designed to beused with any of these

(v) watercraft other than sailing vesselsand manually-propelled craft which areless than 9 metres in length and usedonly on inland waterways and within 3miles of the coast

(vi) any living creatures trees shrubs plantsor grass except as insured underExtension 4

(vii) property insured separately (viii) musical instruments used for

professional or semi-professionalpurposes



Premises means the premises stated in the schedulewhich is used partly for your domesticpurposes and partly in connection with thebusiness stated on the schedule

Temporarilymeans for a period not exceeding 90 days

Cover A - Personal property

Cover

We will indemnify you for damage to thepersonal contents by the insured events

Provided that such damage happensduring the period of insurance at thepremises or elsewhere in the world whilstremoved from the premises temporarily

At our option we will either replace itemsor pay the cost of replacing as new exceptfor

(i) household linen and clothing where we will take off an amount for wear and tear

and (ii) items that can be economically

restored or repaired (includinghousehold linen and clothing) wherewe will pay the cost of restoring orrepairing the item

Subject to more specific limitations orextensions shown in this policy or in theschedule the most we will pay for any claimunder this section is the sum insured forpersonal contents

This will be adjusted in line with theConsumer durables section of the RetailPrice Index and the annual renewalpremium will be amended accordingly

Index-linking will continue from the date ofthe damage until the resulting claim issettled

If at the time of any loss or damage underthis Cover the full cost of replacing thepersonal contents as new (less an amountfor wear and tear on household linen andclothing) is greater than the sum insuredfor personal contents the amount payableby us in settlement of your claim will bereduced in proportion to the degree ofunder insurance

We will not reduce the sum insured afterwe pay a claim except for total loss ordestruction of individually specified items inwhich case cover will end

Limits and conditions

CyclesThe most we will pay is £750 any onecycle unless stated otherwise in theschedule

We will not pay your claim for theft ofcycles unless they are securely locked to apermanent fixture when unattended awayfrom home

Other portable items including high risk itemsThe most we will pay for items worn usedor carried about the person is £5,000 anyone item unless specifically itemised

The most we will pay in total for all highrisk items is 40% of the personalcontents sum insured any one claim



Theft from unattended vehicles The most we will pay for theft fromunattended vehicles is £5,000 any one claim

However we will not pay your claim unlessall windows hoods covers and sun roofs aresecurely closed and the boot and all doorslocked and the property is concealed in aglove or luggage compartment or boot

Personal contents in studentaccommodationThe most we will pay for the personalcontents of any members of your familywhilst living in student accommodation on atemporary basis is £5,000 for all claims inany one period of insurance

For the purposes of this studentaccommodation cover ‘temporary’ is notrestricted to 90 days

Security Condition

Whenever the home is unattended it is acondition that you put into full operationany locks bolts or other security deviceswhich protect the home

If you do not then we will not be liable topay for the first £1,000 of your claim in theevent of damage by theft or attemptedtheft

If we have any further securityrequirements these will be advised to youseparately and will be shown on your policyschedule

Extensions

The insurance by this section is extendedto include the following

(1) Temporary accommodationIf your home cannot be lived infollowing(a) damage by an insured event

which affects your premises oraffects neighbouring premises andprevents you from gaining accessto yours or

(b) an emergency evacuation orderedby Government Police or LocalAuthority or

(c) damage to underground pipes andcables or loss of essential servicesto the premises where we haveaccepted a claim under theProperty damage or Businessinterruption section of this policy

we will pay the reasonable cost oftemporary accommodation for you andyour domestic staff who live with you

We will also pay for the cost of temporarilystoring your furniture and for re-housingyour pets (other than horses or ponies)until your home is fit to live in again

For any one claim under this extension wewill pay up to 25% of the sum insured forpersonal contents

(2) Guests possessionsThe cover under this section includesthe personal belongings of yourguests whilst within the home up to£2,500 for any one claim

Provided that (a) there is no other insurance in force(b) the right to claim under this policy

remains with the Insured alone(c) all the terms of this policy in so far

as they relate to personalcontents shall apply

(3) Contents in care homesIn the event that the parentgrandparent son or daughter of theInsured family is resident in a carehome we will provide up to £2,500 fortheir personal belongings

Provided that (a) there is no other insurance in force (b) the right to claim under this policy

remains with the Insured alone (c) all the terms of this policy in so far

as they relate to personalcontents shall apply



(4) Trees plants and shrubsWe will pay for damage by anyinsured event (other than storm orflood) to your trees plants or shrubsup to a limit of £500 for each item andup to £5,000 in total for all claims inany one period of insurance

Excluding damage by frost or weightof snow and damage caused byanimals

(5) Freezer contentsThe cost of replacing the contents ofdomestic chill or deep freeze foodunits as a result of failure of the unitfailure of the electricity or gas supplyor contamination from refrigerant orrefrigerant fumesIn addition we will pay if incurred thenecessary and reasonable cost ofhiring temporary alternative freezingspace

Excluding (a) damage caused by your failure to

pay for the electricity or gas supply(b) damage to freezer contents where

the freezer or compressor is morethan 15 years old

6) Loss of moneyWe will pay for loss of moneybelonging to you happening at thepremises or whilst temporarilyelsewhere in the world up to £500 any one loss

Excluding loss due to items beingconfiscated or losing value andmistakes in receipts payments oraccounting

(7) Theft of keysIn respect of the home we will pay forreasonable and necessary costs ingaining access to it and/or in replacinglocks and keys to any door windowsafe or alarm protecting it if the keysare lost or stolen


(8) Fatal injury benefitWe will pay the following benefit if youdie within three months as a directresult of(a) fire or accident in the home(b) an accident while travelling as a

fare-paying passenger in any roador rail vehicle within thegeographical limits

(c) an assault anywhere within thegeographical limits by any personother than a person insured by thispolicy

Benefit £7,500 per person but notexceeding £15,000 in total for anyone fire accident or assault

(9) Jury serviceWe will pay for any personal financialloss you incur resulting from youbeing called for jury serviceThe most we will pay for any one claimis £50 a day or £1,000 in total

(10)Warranty replacementIf any item insured under this sectionis lost or damaged beyond repair by anevent covered by this section and youhold a current extended warranty forthe item we will after replacing theitem pay the cost of buying a similarextended warranty Provided that you give us the original warranty

(11) Title deedsThe necessary cost of preparing newtitle deeds to your home if theoriginals are lost or damaged by anevent insured under this section whilethe deeds are in your home or a bankor a safe deposit

(12)Gifts and family celebrationsWe will pay an additional 20% on thepersonal contents sum insured forgifts and additional provisions inconnection with a family celebrationsuch as a wedding or civil partnershipor a religious festival such asChristmas



(13)Household removalWe will pay for accidental loss of ordamage to personal contents whenthey are being transported from yourhome for permanent removal toanother home in the geographicallimits including any necessaryovernight stops

Excluding (a) personal contents stored in a

furniture warehouse(b) loss or damage to high risk items

or cash(c) loss or damage to brittle items

unless packed by professionalremoval contractors

Exclusions

(1) We shall not be liable for any excessshown in the schedule

(2) We shall not be liable under Insurableevents 4 (Malicious persons) or 17(Theft or attempted theft) for damagecaused by you or any tenant or invited guest

(3) We shall not be liable in respect ofdamage cost or expense ofwhatsoever nature directly or indirectlycaused by resulting from or inconnection with terrorism regardlessof any other contributory cause This insurance also excludes damagecost or expense of whatsoever naturedirectly or indirectly caused byresulting from or in connection withany action taken in controllingpreventing suppressing or in any wayrelating to terrorismIf we allege that by reason of thisexclusion any damage cost orexpense is not covered by this policythe burden of proving the contraryshall be upon you

(4) We will not cover any claim or expenseof any kind caused directly or indirectlyby pollution or contamination otherthan caused by a sudden identifiableunintended and unexpected incidentwhich takes place in its entirety at aspecific time and place during theperiod of insuranceAll pollution or contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

Cover B - Personal liability

Definitions specific to Cover B

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

Legal costsmeans your own legal costs and expenseswhich we have agreed to in writing and thecosts and expenses of the other partywhich you are legally liable to pay

Cover

We will indemnify you against your legalliability to pay damages and legal costsarising out of (1) accidental bodily injury to or death

illness or disease of any person (2) accidental damage to material property

happening in the geographical limits andwhilst temporarily elsewhere in the worldduring the period of insurance and causedin a personal capacity

This includes whilst you are acting in thecapacity as owner or occupier of the homeor as an employer of any domestic staffyou employ there

The following is the most we will pay inrespect of any one event



(1) In respect of your legal liability as anemployer of domestic staff in thecourse of their employment (a) £5,000,000 where directly or

indirectly caused by resulting fromor in connection with terrorism

(b) £10,000,000 otherwise (2) In respect of all other claims the limit

of indemnity shown in the schedule

Extension

Unpaid compensation or damages

We will pay up to £2,000,000 for allcompensation and damages which a courtin the geographical limits has awarded toyou and which have not been paid withinthree months of the date of the award

This cover applies as long as(a) the incident which results in the

compensation and damages occurswithin the period of insurance and

(b) there is no appeal outstanding and (c) Cover B would have applied if the

award had been made against yourather than to you

Exclusions

Liability arising from the following

(1) Loss of or damage to propertybelonging to or held in trust by orcontrolled by you unless you havehired or borrowed the property fortemporary holiday accommodation

(2) Any profession business oremployment involving you or anymember of your family

(3) Your bodily injury or death illness ordisease

(4) Your owning or using any motorvehicle lift or hovercraft

(5) Your owning or using aircraft but thisexclusion shall not apply to nonpowered model planes or to poweredmodel planes with an engine capacityof under 10cc and a wingspan of less

than 1.8 metres unless they are in flyingdisplays

(6) Boats but this exclusion shall not applyif the boat is not mechanically propelledand is less than 9 metres in length andis used on inland waterways or within 3miles of the coast

(7) Any motor vehicle which must beinsured under the Road Traffic Acts

(8) The transmission of any communicabledisease and any condition which isdirectly or indirectly related to HIV(Human Immunodeficiency Virus) and/orany HIV related illness including AIDS(Acquired Immune DeficiencySyndrome) and/or mutant derivatives orvariations however caused

(9) Any agreement you have made unlessyou would have been liable evenwithout the agreement

(10) Loss of or damage to property or injurydeath disease or illness of or to anyperson caused by a dog specified undersection 1 of the Dangerous Dogs Act1991 or specified in the DangerousDogs Act (Northern Ireland) Order 1991S.I. 2292 (N.1.21)

(11) Any deliberate wilful or malicious act(12) Any fines penalties or punitive

exemplary aggravated multiplied orliquidated damages

(13) Liability to third parties or any liabilityincurred by you for damages costs orexpenses directly or indirectly caused byresulting from or in connection withterrorismAlso excluded is any such third partyliability or any liability incurred by youdirectly or indirectly caused by resultingfrom or in connection with any actiontaken in controlling preventingsuppressing or in any way relating toterrorism



If we allege that by reason of thisexclusion any loss damage expense orconsequential loss is not covered bythis insurance the burden of provingthe contrary shall be upon youThis exclusion does not apply inrespect of your legal liability to yourdomestic employees

Cover C – Family legalprotection

Note (not forming part of the policy):The cover under this section has beenarranged by us and DAS Legal ExpensesInsurance Company Limited (DAS). We areresponsible for paying any claims under thissection but DAS deal with any claimsmatters and correspondence on our behalf.

Their address is:

DAS Legal Expenses InsuranceCompany LimitedDAS HouseQuay SideTemple BackBristol BS1 6NH

Telephone number: 0117 934 2104

It is most important that you let DAS knowas soon as possible if any problems arisewhich may result in a claim under thissection.

Definitions applying to Cover C

Appointed representativemeans the lawyer or other suitably qualifiedperson appointed under this section to actfor the insured person in accordance withthe terms of this section

Costs and expenses means(a) legal costs – all reasonable and

necessary costs charged by theappointed representative on astandard basis

Also the costs your opponents have runup if you have to pay them or pay themwith the agreement of DAS

(b) accountants costs – all reasonable andnecessary costs incurred by theappointed representative

DASmeans DAS Legal Expenses InsuranceCompany Ltd

Date of occurrence means (a) for civil cases (except for examinations

by HM Revenue & Customs into aninsured person’s tax affairs) – the dateof the event which may lead to a claimIf there is more than one event arisingat the same time or from the samecause then the occurrence is the dateof the first of these events

(b) for criminal cases – the date when theinsured person began or is said tohave begun to break the criminal law inquestion

(c) for full enquiries – the date when HMRevenue & Customs first tells aninsured person in writing that theyintend to investigate an insuredperson’s tax affairs

Full enquirymeans an extensive examination by HMRevenue & Customs which considers allaspects of the insured person’s tax affairsbut not enquiries which are limited to one ormore specific aspects of the insuredperson’s self-assessment tax return

Insured personmeans you and any member of your familywho always live with youAnyone claiming under this policy must haveyour agreement to claim

Limit of covermeans the most we will pay for all claimsoccurring at the same time or from the sameoriginating causeThe limit of cover is shown in the schedule



Territorial limits means (a) contractual disputes and bodily injury

The European Union the Isle of Manthe Channel Islands Albania AndorraBosnia Herzegovina Croatia GibraltarIceland Liechtenstein MacedoniaMonaco Montenegro Norway SanMarino Serbia Switzerland and Turkey(west of the Bosphorus)

(b) for all other insured incidentsThe United Kingdom of Great Britainand Northern Ireland the Isle of Manand the Channel Islands

You/yourmeans the person(s) named as insured inthe schedule

Cover

We will pay costs and expenses up to thelimit of cover for the following events orcauses which have a date of occurrencewithin the period of insurance and withinthe territorial limitsAny legal proceedings will be dealt with bya court or other body which we agree towithin the territorial limits

We will only provide cover for civil claims ifit is more likely than not an insured personwill recover damages (or obtain any otherlegal remedy which DAS agree to) or makea successful defence

DAS will help in appealing or defending anappeal as long as the insured person tellsDAS within the time limits allowed that theywant DAS to appeal

Before we pay the costs and expensesfor appeals DAS must agree that it isalways more likely than not that the appealwill be successful

If an appointed representative is used wewill pay the costs and expenses incurredfor this

Exclusions

Any claim relating to the following

(i) any claim reported to DAS more than180 days after the date an insuredperson should have known about theevent

(ii) any incident or matter arising beforethe start of the cover provided

(iii) costs and expenses an insuredperson pays or is charged for beforeDAS’ written acceptance of a claim

(iv) fines damages or other penaltieswhich the insured person is orderedto pay by a court or other authority

(v) a claim intentionally brought about byan insured person

(vi) a legal action an insured persontakes which DAS or the appointedrepresentative have not agreed to orwhere an insured person doesanything that hinders DAS or theappointed representative

(vii) a claim relating to an insuredperson’s alleged dishonesty or allegedviolent behaviour

(viii) a claim relating to written or verbalremarks which damage an insuredperson’s reputation

(ix) a claim relating to a lease of land orbuildings of less than 21 years or alicence or tenancy of land or buildingsHowever we will cover a dispute with aprofessional adviser in connection withthe drafting of a lease licence ortenancy agreement

(x) a dispute with us or DAS nototherwise dealt with under Condition 7

(xi) Judicial Review



Insured events

Employment disputes

DAS will negotiate for the insuredperson’s legal rights in a dispute arisingfrom a contract of employment entered intoby the insured person for their work as an employee

Exclusions (1) disciplinary hearings or internal

grievance procedures(2) any claim relating solely to personal

injury

Contract disputes

DAS will negotiate for the following(1) the insured person’s legal rights in a

contractual dispute arising from anagreement or alleged agreementwhich an insured person has entered into for(a) the buying or hiring in of any goods

or services or(b) the selling of any goods

(2) your legal rights in a contractualdispute or for misrepresentation arisingfrom an agreement or allegedagreement which you have enteredinto for the buying or selling of yourprincipal home

Provided that:(a) the insured person has entered

into the agreement or allegedagreement during the period ofinsurance and

(b) the amount in dispute is more than£100

Exclusions (i) a contract regarding an insured

person’s trade profession business oremployment or any business venture

(ii) the settlement payable under aninsurance policy (DAS will negotiate ifyour insurer refuses your claim butnot for a dispute over the amount ofthe claim)

2

1

(iii) construction work on any land ordesigning converting or extending anybuilding where the contract exceeds£5,000 (including VAT)

(iv) a dispute arising from any loanmortgage pension investment orborrowing

(v) a contract involving a motor vehicle itsparts or accessories

Bodily injury

DAS will negotiate for the insuredperson’s legal rights after an event whichcauses the death of or bodily injury to aninsured person

Exclusions (i) any illness or bodily injury which

happens gradually or is not caused bya specific or sudden incident or

(ii) defending an insured person’s legalrights but defending a counter claim iscovered

Property protection

DAS will

(a) negotiate for the insured person’slegal rights in a civil action and/or

(b) arrange mediation

for a dispute relating to material property(including your principal home) which isowned by the insured person or for whichthe insured person is responsiblefollowing

(i) any event which causes or couldcause physical damage to suchmaterial property provided that theamount in dispute is more than£100 or

(ii) a legal nuisance (meaning anyunlawful interference with aninsured person’s use orenjoyment of their land or someright over or in connection with it)or

(iii) trespass

4

3



Exclusions (i) any claim relating to

(a) a contract entered into by aninsured person

(b) any building or land other than yourprincipal home

(c) someone legally taking an insuredperson’s material property fromthem whether the insured personis offered money or not orrestrictions or controls placed onan insured person’s materialproperty by any government orpublic or local authority unless theclaim is for accidental physicaldamage

(d) work done by any government orpublic or local authority unless theclaim is for accidental physicaldamage

(e) a motor vehicle owned or used byor hired or leased to an insuredperson

(f) mining subsidence(g) the first £250 of any claim for legal

nuisance or trespassThis is payable as soon as DASaccept the claim

(ii) defending any claim under Insuredevent 4 (i) but defending a counterclaim is covered

Tax protection

DAS will negotiate on the insuredperson’s behalf and represent the insuredperson in any appeal proceedings inrespect of a full enquiry by HM Revenue &Customs into the insured person’spersonal tax affairs

Exclusions

(i) the tax affairs of a company or anyclaim if the insured person is self-employed or a sole trader or in abusiness partnership

5

(ii) an investigation by the SpecialCompliance Office

Jury service

We will pay the insured person’s salary orwages for the time that the insuredperson is off work while attending juryservice for each half or whole day of suchattendance as far as they are notrecoverable from the court or the insuredperson’s employer

Limits(i) the salary or wages while the insured

person is off work including the time ittakes to travel to and from court to thenearest half day assuming that awhole day is eight hours

(ii) if the insured person works full timethe salary or wages for each wholeday equals to 1/250th of the insuredperson’s yearly salary or wages

(iii) if the insured person works part timethe salary or wages will be aproportion of the insured person’ssalary or wages

Legal defence

(i) DAS will defend the insured person’slegal rights if an event arising from theinsured person’s work as anemployee leads to(a) the insured person being

prosecuted in a court of criminaljurisdiction or

(b) civil action being taken against theinsured person under legislationfor unlawful discrimination or

(c) civil action being taken against theinsured person under Section 13of the Data Protection Act 1998

(ii) DAS will defend the insured person’slegal rights if an event leads to theirprosecution for an offence connectedwith the use or driving of a motor vehicle

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6



Excluding (i) Parking or obstruction offences(ii) Driving of a motor vehicle by an

insured person when valid motorinsurance is not held

Cover C – conditions

1 (a) every communication which DASneeds from any insured personunder this section must be made inwriting to them

(b) an insured person must take allreasonable steps to prevent anyliability which may give rise to aclaim under this section

(c) when a claim is made under thissection an insured person mustimmediately give written details ofthe event to DAS and provide allinformation they ask for

2 (a) DAS can take over and conduct inthe name of an insured personany claim or legal proceedings atany timeDAS can negotiate any claim onbehalf of an insured person

(b) the insured person is free tochoose an appointed representative(by sending DAS a suitablyqualified person’s name andaddress) if(i) DAS agree to start courtproceedings and it becomesnecessary for a lawyer torepresent the interests of aninsured person in thoseproceedings or

(ii) there is a conflict of interest

DAS may choose not to accept theinsured person’s choice but onlyin exceptional circumstancesIf there is a disagreement over thechoice of appointedrepresentative in thesecircumstances the insured personmay choose another suitablyqualified person

(c) in all circumstances except those in2 (b) above DAS are free tochoose an appointedrepresentative

(d) an appointed representative willbe appointed by DAS andrepresent an insured personaccording to DAS’s standard termsof appointmentThe appointed representativemust co operate fully with DAS atall times

(e) DAS will have direct contact withthe appointed representative

(f) an insured person must co-operate fully with DAS and theappointed representative andmust keep DAS up to date with theprogress of the claim

(g) an insured person must give theappointed representative anyinstructions DAS require

3 (a) an insured person must tell DAS ifanyone offers to settle a claim

(b) if an insured person does notaccept a reasonable offer to settlea claim we may refuse to pay anyfurther costs and expenses

(c) we may decide to pay the insuredperson the amount of damagesthat the insured person is claimingor which are being claimed againstthem instead of starting orcontinuing legal proceedings

4 (a) when DAS ask an insured personmust instruct the appointedrepresentative to have costs andexpenses taxed assessed oraudited

(b) an insured person must takeevery step to recover costs andexpenses that we have to pay andmust pay us any costs andexpenses that are recovered


99 POLICY DOCUMENT HERITAGE COMMERCIAL INSURANCE 99 POLICY DOCUMENT HERITAGE COMMERCIAL INSURANCE

5 If an appointed representativerefuses to continue acting for aninsured person with good reason or ifan insured person dismisses theappointed representative withoutgood reason the cover we provide willend immediately unless DAS agrees toappoint another appointedrepresentative

6 If an insured person settles a claim orwithdraws their claim without DAS’sagreement or does not give suitableinstructions to an appointedrepresentative the cover we providewill end immediately and we will beentitled to reclaim any costs andexpenses paid by us

7 If an insured person and DASdisagree about the choice ofappointed representative or aboutthe handling of a claim DAS and theinsured person can choose anothersuitably qualified person to decide thematterDAS and the insured person mustboth agree to the choice of this personin writingFailing this DAS will ask the presidentof a relevant national law society tochoose a suitably qualified personAll costs of resolving the differencewill be paid by the one who loses thedispute

8 DAS may at their discretion require aninsured person to obtain at theirexpense an opinion from a lawyeraccountant or other suitably qualifiedperson chosen by an insured personand DAS as to the merits of a claim orproceedingsIf the chosen person’s opinionindicates that it is more likely than notthat an insured person will recoverdamages (or obtain any other legalremedy that DAS has agreed to) thecost of obtaining the opinion will bepaid by us

9 All Acts of Parliament mentioned inthis section of the policy includeequivalent laws in Scotland NorthernIreland the Isle of Man and theChannel Islands as the case may be


If the Household section is in force, thefollowing helplines, provided by DAS LegalExpenses Insurance Company Ltd, areincluded.

DAS provide these services 24 hours a day,seven days a week. All helplines apply tothe United Kingdom unless otherwisestated. To help DAS check and improvetheir service standards, DAS record all calls,except those to the Health and Medical andCounselling Services.

When calling any of the helpline services,please make sure that you can give yourpolicy number.

Please DO NOT phone DAS to report ageneral insurance claim.

The services are as follows:

EuroLaw Legal Advice Service

0117 934 2104DAS will give an insured personconfidential legal advice over the phone onany personal legal problem, under the lawsof the member countries of the EuropeanUnion, the Isle of Man, the Channel Islands,Switzerland and Norway.

Tax Advice Service

0117 934 2104DAS will give an insured personconfidential advice over the phone onpersonal tax matters.

Health and Medical Information Service

0117 934 2104DAS will give an insured person informationover the phone on general health issues,and non-diagnostic advice on medicalmatters. Advice can be given on allergies,the side effects of drugs and how toimprove overall health. Information isavailable on all health services includinghospital waiting lists.

Veterinary Assistance

0117 934 2104If your pet is ill or injured, DAS can helpfind a vet who can offer treatment.

Counselling Service

0117 934 2121DAS will provide you with a confidentialcounselling service over the phoneincluding where appropriate onward referralto relevant or professional services.

Household – helplines (not forming part of the policy)

12



101 POLICY DOCUMENT HERITAGE COMMERCIAL INSURANCE 101 POLICY DOCUMENT HERITAGE COMMERCIAL INSURANCE

Complaints procedure

If you have any reason to complain aboutthe advice or service you've receivedplease contact us as soon as possible.

You can complain in writing or verbally atany time to:

Ecclesiastical Insurance Office plcBeaufort House Brunswick Road Gloucester GL1 1JZ

Tel: 0845 777 3322 Fax: 0845 604 4486Email [email protected]

Our promise to you

We will aim to resolve your complaint withinone business day.

If this is not possible:n We will promptly acknowledge all

complaints. n All complaints will be investigated

diligently and impartially withinEcclesiastical.

n We will respond formally to yourcomplaint as soon as possible.

n We will keep you informed of theprogress of the investigation.

n If you're not satisfied with our response,or we have not completed ourinvestigation after eight weeks, we'llinform you of your right to take thecomplaint to:

Financial Ombudsman Service,South Quay Plaza, 183 Marsh Wall, London E14 9SR.

Tel: 0300 123 9123 or 0800 0 234 567Email: [email protected]

This complaints procedure does not affect your right to take legal proceedings

The Financial Services Compensation Scheme (FSCS)

The Financial Services CompensationScheme (FSCS) is the independent body,set up by government, which gives you yourmoney back if your authorised* financialservices provider goes bust.

The FSCS protects a range of products forboth individuals and small businesses.Limits apply depending on the product youhave bought. The FSCS does not chargeindividual consumers for using its service.The FSCS cannot help you if the firm youhave done business with is still trading. For further information on the scheme youcan visit the website at:www.fscs.org.uk

or write to:

Financial Services Compensation Scheme10th Floor, Beaufort House,15 St Botolph Street,London EC3A 7QU.

Tel 0207 741 4100 or 0800 678 1100Fax 0207 741 4101Email [email protected]

*The FSCS can only pay compensation forcustomers of financial services firmsauthorised by the PRA.

General information (not forming part of the policy)


This contract is underwritten by: Ecclesiastical Insurance Office plc.

Our FCA register number is 113848. Our permitted business is general insurance.

You can check this on the FCA’s register by visiting the FCA’s website

www.fca.gov.uk/register

or by contacting the FCA on

0800 111 6768



For further information on any of our products, please speak to your insurance adviser.

Or visit us at

www.ecclesiastical.com

Ecclesiastical Insurance Office plc (EIO) Reg. No. 24869. Registered in England at Beaufort House, Brunswick Road, Gloucester, GL1 1JZ, UK. EIO is authorised by thePrudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

0083/3/0513

Beaufort House, Brunswick Road,Gloucester GL1 1JZ

© Ecclesiastical Insurance Office plc 2013


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