1. finance
2. personal finance
3. insurance

Effected through the Coverholder
ROBERTSON TAYLOR
INSURANCE BROKERS
LIMITED
America House, 2 America Square, London, EC3N 2LU
T: +44(0)207 510 1234 | F: +44 (0)207 510 1134
[email protected]
www.rtworldwide.com
This is to Certify that certain underwriters at Lloyd’s (‘the Insurer(s)’) agree to insure the Insured against loss as provided by the
terms of this Certificate.
This is to certify that in accordance with the authorisation granted under the Contract Number stated in the Schedule to the
Coverholder by the Insurer(s) shown below, whose names and underwritten proportions are stated below, (all hereinafter referred
to as “the Insurer(s)”), and in consideration of payment of the premium specified herein this Insurance is bound to insure in
accordance with the terms and conditions herein or endorsed hereon. Each Insurer’s liability under this Certificate shall not exceed
the percentage or amount of the risk shown against that Insurer’s name in accordance with the attached Several Liability Notice
LMA5096.
If the Insured make any claim knowing the same to be false or fraudulent as regards amount or otherwise this Certificate shall
become void and all claims hereunder shall be forfeited.
IN WITNESS WHEREOF this Certificate has been signed on the date specified in the Schedule
ProSight Syndicate 1110 at Lloyd’s 100%
Authorised Signature
DATE ISSUED IN LONDON: 27 April 2015
Signed on behalf of Robertson Taylor Insurance Brokers Limited and the Insurer(s)
IMPORTANT NOTICE TO THE INSURED
This Certificate has been prepared in accordance with your instructions. Please read it carefully in conjunction with the Certificate
Schedule to ensure that you understand the terms, conditions and exclusions contained herein and that these meet with your
requirements. Immediate notice must be given to the Insurer(s) via Robertson Taylor Insurance Brokers Limited of any changes
which may affect the insurance provided by this Certificate. Alterations in the cover required will be confirmed by separate
Endorsement(s) which should be retained with the Certificate.
CERTIFICATE PROVISIONS
Signature
This Certificate shall not be valid unless signed by an authorised representative of Robertson Taylor Insurance Brokers Limited.
Coverholder Not Insurer
Robertson Taylor Insurance Brokers Limited is not an Insurer and neither is nor shall be liable for any loss or claim whatsoever
under this Insurance.
Enquiries
Please note that all enquiries concerning this Insurance or Certificate should be addressed by you to Robertson Taylor Insurance
Brokers Limited and any correspondence you send should not be directed to the Insurer(s) but must always go through Robertson
Taylor Insurance Brokers Limited who arranged this Insurance.
Documentation
If required by law or if you require the Insurance to be evidenced by a policy document instead of a Certificate then on
your request Robertson Taylor Insurance Brokers Limited will arrange for a policy to be issued.
AMERICA HOUSE, 2 AMERICA SQUARE, LONDON, EC3N 2LU | T +44 (0)20 7510 1234 | F +44 (0)20 7510 1134 | [email protected] | www.rtworldwide.com
ROBERTSON TAYLOR INSURANCE BROKERS LTD. COMPANY NUMBER 1301462 | WALTON & PARKINSON LTD. COMPANY NUMBER 01574905 | LONGREACH INTERNATIONAL LTD. COMPANY NUMBER 4086627
ENTERTAINMENT INSURANCE PARTNERS WORLDWIDE COMPANIES. ALL COMPANIES REGISTERED IN ENGLAND AT: AMERICA HOUSE, 2 AMERICA SQUARE,LONDON, EC3N 2LU.
LLOYD’S & INTERNATIONAL INSURANCE BROKERS AUTHORISED AND REGULATED BY THE FINANCIAL CONDUCT AUTHORITY.
CONTENTS
Page
Introduction ............................................................................................................................................................... 1
Schedule ..................................................................................................................................................................... 3
Insuring Clause ........................................................................................................................................................... 7
General Definitions ..................................................................................................................................................... 8
General Exclusions .....................................................................................................................................................10
General Conditions ....................................................................................................................................................12
Section 1 – All Risks of Physical Loss or Damage Insurance ........................................................................................16
Section 2 – Combined Liability Insurance ...................................................................................................................21
Section 3 – Money Insurance .....................................................................................................................................32
Section 4 – Terrorism Insurance.................................................................................................................................34
Complaints Procedure ...............................................................................................................................................37
Claims Notification Procedure ...................................................................................................................................39
Regulation .................................................................................................................................................................40
Thank you for choosing Gig Guard Musicians Combined Insurance which is Underwritten by certain underwriters at Lloyds.
Your Gig Guard Certificate is comprised of various parts which should be read jointly together as they form your Contract of
Insurance with certain underwriters at Lloyds. Please take time to read all parts of the Certificate of Insurance to make sure
they meet all your needs and that you understand the Terms, Conditions and Exclusions. If you wish to change anything or
there is anything you do not understand, please let your insurance adviser know.
The parts of the Certificate are:

The Introduction

The Certificate Schedule; the Insuring Clause; the General Definitions; the General Exclusions and General
Conditions, all of which apply to all Sections of the Policy, unless amended by Sections Definitions.

The Sections of cover selected by you, including the Exclusions and Conditions which apply to the Individual
Sections.

The Schedule, which includes all Clauses, Extensions, Endorsements and Excesses applied to the Certificate while
the Certificate is in force.
This Insurance is subject to the following Definitions, Warranties, Exclusions and Conditions and General Conditions, General
Definitions and General Exclusions and those Endorsements that are stated in the Schedule as applicable.
All headings within the Certificate are included for convenience only and will not form part of this Certificate.
Each time one of the words or phrases below appears in this Certificate it shall have the same meaning wherever it appears
unless an alternative definition is stated to apply.
Each section of the Certificate contains definitions which have a specific meaning to that section they must be read in
conjunction with the General Definitions.
This Certificate forms the contract of Insurance between the Insured and the Insurer and will clearly state in the Schedule if
the cover provided by this Certificate means the Insured shall
i)
provide the Insurer with any additional information requested by a specific date
ii)
complete any actions agreed between the Insured and the Insurer by a required date
iii)
allow the Insurer to complete any actions agreed between the Insured and the Insurer
If the Insurer(s) requires access to the Insured’s Premises or contract sites to carry out survey(s) and or inspection(s) the
Insured agrees to allow the Insurer(s) or the Insurer’s representative unhindered access. Upon completion of these
requirements, or if they are not completed by the specified date(s) the Insurer(s) may at the Insurer’s option
i)
revise the specified date(s) by which the Insurer(s) requires the Insured to make alterations to the premises
ii)
issued amendments to the Certificate or Section terms and conditions and/or modify the premium
iii)
leave the Certificate or Section terms and conditions and the premium unaltered
iv)
exercise the Insurer’s right to cancel the Certificate.
The Insurer(s) will contact the Insured or the Insured’s Insurance Advisor with the Insurer’s decision and where applicable
specify the date(s) by which any action(s) agreed need to be completed by and/or any decision made by the Insurer due to
take effect.
The Insurer’s requirement and decisions will take effect from the date(s) specified unless the Insurer(s) agrees otherwise in
writing.
PSI GG 2015 V.1
Page 1
INTRODUCTION
INTRODUCTION
a.
The Insured has the right to cancel this Certificate from the date agreed with the Insurer(s) and subject to no
Claims the Insurer(s) will refund a proportionate part of the premium paid for the unexpired period of cover
b.
The Insurer(s) may at their option exercise the Insurer(s) right to termination.
Except where stated otherwise herein or endorsed hereon all other Certificate terms and Conditions will continue to apply
throughout
PSI GG 2015 V.1
Page 2
INTRODUCTION
If the Insured disagrees with the Insurer’s requirement and/or decisions the Insurer(s) will consider the Insured’s comments
and where the Insurer(s) considers it appropriate the Insurer(s) will continue to negotiate with the Insured to resolve the
matter to the Insured’s and the Insurer’s satisfaction.
In the event that the matter cannot be resolved
SCHEDULE
SCHEDULE
TYPE:
Gig Guard Musicians Combined Insurance
FORM:
RTMUS2015
CONTRACT FORM:
0638RTMUS2015
PROPOSAL DETAILS:
No Proposal Form
INSURED:
Tangerine Events Limited and/or Spencer O'Brien,
Mark Blackwell, Jonathan Lapworth, Matthew
Gleeson and Daniel Britten professionally known
as Fake Tan and/or Andy Mitchell, Matthew Hunt,
Damien Kenley and Charles Grant professionally
known as Aftersun and/or Raff Crolla, Holly
Johnson, Neil Rayman, Angelo Mateus and Marcus
Mozley professionally known as Apres Ski
MAILING ADDRESS:
1 Hampton Road, Twickenham, Middlesex, TW2 5QE
REGISTERED ADDRESS:
1 Hampton Road, Twickenham, Middlesex, TW2 5QE
COUNTRY OF ORIGIN OF
THE INSURED:
Great Britain Northern Ireland the Channel Islands or the Isle of Man
BUSINESS OF INSURED:
Bands
PERIOD OF INSURANCE:
From:
To:
INSURED PREMISES:
1 Hampton Road, Twickenham, Middlesex, TW2 5QE
30 April 2015
30 April 2016
POLICY NO.
beginning
expiring
ERN:
}
B150194
Exempt
12.01 AM
Greenwich Mean Time
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE OF PROPERTY AS STATED BELOW – Not insured
SECTION 2 – EMPLOYERS’ LIABILITY
Insurance is provided under each of the Sections below where an amount is shown. Where there is no Insurance
provided the words ‘Not insured’ are shown.
SECTION:
LIMIT(S) OF INDEMNITY:
2.1
GBP 10,000,000 any one occurrence including claims costs
EMPLOYERS’ LIABILITY
but restricted to GBP 5,000,000 any one occurrence including claims costs
arising from an Act of Terrorism or Asbestos
SECTION 2 – PUBLIC /PRODUCTS LIABILITY
SECTION:
LIMIT(S) OF INDEMNITY:
2.2
GBP 5,000,000 any one occurrence unlimited in the Period of Insurance
including claims costs
PUBLIC LIABILITY
PSI GG 2015 V.1
Page 3
PRODUCTS LIABILITY
GBP 5,000,000 any one occurrence and in the aggregate in the Period of
Insurance
EXCESS applicable to SECTION 2.2:
Section 2.2: Extension
Non Legal Liability Damage to Property:
ENDORSEMENTS to Section 2.1
and 2.2:
SCHEDULE
2.3
11.
GBP
250
each and every claim for third party
property damage
LIMIT:
GBP
25,000
any one occurrence unlimited in the
Period of Insurance
EXCESS:
GBP
250
each and every claim
Professional Advice Exclusion – Section 2.2
Section 2.2 does not apply to liability arising out of any instruction advice
information or professional service rendered for a fee.
This Exclusion does not apply to liability arising from instruction advice
information or professional service that has been provided in connection with
any Products altered, constructed, repaired, serviced, tested, installed or
processed by or on behalf of the Insured in connection with the Business.
ADDITIONAL CONDITIONS
TO SECTION 2.1 and 2.2:
1.
This Insurance will automatically include all headline shows within the United
Kingdom and Europe where the capacity does not exceed 1,000, all support
shows in the United Kingdom and Europe and all festivals in the United
Kingdom and Europe where they are not headlining. Shows outside of the
United Kingdom and Europe or capacity exceeds 1,000 will be subject to an
adjustment within 30 days of the expiring Insurance at the rates stated.
SECTION 3 – MONEY – Not insured
SECTION 4 – TERRORISM – Not insured
CONDITIONS PRECEDENT:
None other than those stated in the Certificate Wording
The failure to comply with a Condition Precedent may affect the validity of this
Insurance.
SUBJECTIVITIES:
None
In the event that Subjectivity is not met it may affect the validity of this Insurance.
CHOICE OF LAW:
English
JURISDICTION:
England and Wales
CLAIM NOTIFICATION TO:
Robertson Taylor Insurance Brokers Limited
RENEWAL PROVISION:
The Insurer accepts that Robertson Taylor Insurance Brokers Limited (“the
Coverholder”) have to give notice to the Insured of the renewal terms of this Insurance
in writing at least 21 days prior to the renewal date and if renewal terms are not to be
invited the Insurer has to advise the Coverholder in writing in accordance with the
cancellation condition of this Insurance.
PREMIUM – SECTION 1:
Not insured
PSI GG 2015 V.1
Page 4
Employers Liability – GBP 450.00
In Full
Public/Products Liability – GBP 450.00
In Full
SCHEDULE
PREMIUM - SECTION 2:
Any shows that fall outside of the criteria detailed in Condition 1. will be charged as
follows:Employers Liability
GBP
20.00 Per indoor show where the capacity exceeds a 1,000 or takes place
outside Europe
GBP
30.00
Per outdoor show where the capacity exceeds a 1,000 or takes
place outside Europe
Public/Products Liability
GBP
20.00
Per indoor show where the capacity exceeds a 1,000 or takes place
outside Europe
GBP
30.00
Per outdoor show where the capacity exceeds a 1,000 or takes
place outside Europe
PREMIUM - SECTION 3:
Not insured
PREMIUM - SECTION 4:
Not insured
TOTAL PREMIUM DUE:
GBP 900.00
PREMIUM PAYMENT TERMS:
The Insured to pay the premium and taxes stated to Robertson Taylor Insurance
Brokers no later than 14 days from renewal date.
FEE PAYABLE BY INSURED?:
No
BROKERAGE:
Robertson Taylor Insurance Brokers Limited are paid commission by the Insurers for
arranging this Insurance. This commission is paid from the premium paid by the
Assured. If the Assured wish to have details of the payments received this
information will be provided on request.
OTHER DEDUCTIONS FROM
PREMIUM:
None
TAXES PAYABLE BY INSURED
AND ADMINISTERED BY THE
INSURERS:
6% Insurance Premium Tax chargeable on the Premium
PSI GG 2015 V.1
Page 5
SCHEDULE
INFORMATION
The following information was provided to the Insurers, and on basis of such, the Insurers offered the terms applicable
to this Contract.
The Insured have three band’s under an umbrella company called Tangerine Events Limited which is owned by Daniel
Britten and Mark Blackwell (both members of Fake Tan). All other members of both bands are hired in/contracted as
and when they play.
Fake Tan consists of 5 members, Spencer O’Brien, Mark Blackwell, Jonathan Lapworth, Matthew Gleeson and Daniel
Britten.
Aftersun consists of 4 members, Andy Mitchell, Matthew Hunt, Damien Kenley and Charles Grant.
Apres Ski consists of 5 members, Raff Crolla, Holly Johnson, Neil Rayman, Angelo Mateus and Marcus Mozley.
All three bands expect to perform approximately 50 shows during the forthcoming 12 months, the majority of them
being in Europe and in front of a maximum capacity of 1,000.
Apres Ski and Aftersun are Fake Tan’s overflow bands as they are unable to keep up with demand.
The Insured have no staff on a payroll and therefore do not have an Employer Reference Number/PAYE Reference.
It is agreed that the Insurers deem any declared Insured Event under this Insurance to include the set up and break
down periods of the Insured Event.
CLAIMS:
No.
Date
Premises
Loss
GBP
No losses in last 5 years.
PSI GG 2015 V.1
Page 6
In consideration of payment of the premium the Insurer(s) will indemnify or otherwise compensate the Insured against loss,
destruction, damage, injury or liability as described in and subject to the terms, conditions, limits and exclusions of this
Certificate or any Section of this Certificate or endorsed hereon occurring or arising in connections with the Business during
the Period of Insurance.
PSI GG 2015 V.1
Page 7
INSURING CLAUSE
INSURING CLAUSE
GENERAL DEFINITIONS
GENERAL DEFINITIONS
The following definitions applicable to all Sections of this Certificate, unless amended by Sections Definitions, and are
denoted by bold text throughout this Certificate.
DEFINITIONS
Territorial
Limits
Territorial Limits means one or more of the following options
A: The Premises only
B: Europe
C: Worldwide
Europe
Europe means Great Britain, Northern Ireland, the Isle of Man, the Channel Islands and Austria,
Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Georgia, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Netherlands, Norway,
Poland, Portugal, Romania, Russia (West of Ural Mountains), San Marino, Slovakia, Slovenia,
Spain, Switzerland, Sweden, Turkey, Ukraine, Vatican City and The Canary Islands, Madeira and
all Mediterranean Islands.
It is agreed that the definition automatically extends to include any Territory subsequently
recognised by International Law as forming part of the European Union and European Economic
Area.
Terrorism
An act including but not limited to the use of violence and/or threat thereof of any person or
group(s) of persons whether acting alone or on behalf of or in connection with any
organisation(s) or government(s) committed for political religious ideological or similar purposes
including the intention to affect or influence or carry out any activities direct toward the
overthrowing of influencing by force or violence of Her Majesty’s government in the United
Kingdom or any other government de jure or de facto and/or to put the public or any Section
thereof in fear.
Electronic Data
Electronic Data means facts, concepts and information converted to a form useable for
communications, interpretation or processing by electronic and electromechanical data
processing or electronically controlled equipment and includes programmes, software and other
coded instructions for the processing and manipulation of data or the direction and
manipulation of such equipment.
Computer Virus
Computer Virus means a set of corrupting, harmful or otherwise unauthorised instructions or
code including a set of maliciously introduced unauthorised instructions or code, programmatic
or otherwise, that propagate themselves through a computer system or network of whatsoever
nature. Computer Virus includes but is not limited to ‘Trojan Horses’, ‘worms’ and ‘time or logic
bombs’.
Consequential
Loss
Includes but not limited to consequential , exemplary, incidental, punitive and special damages;
wasted management time; loss of anticipation savings; business, data, goodwill, opportunity,
profits and revenue; consequential and direct loss including in each case pure economic loss.
Period of
Insurance
The period is from the Effective Date to the Renewal Date as shown in the Schedule.
Sum Insured
The maximum amount the Insurer(s) will pay for each item Insured under any Section as stated
within the schedule or elsewhere within the Certificate.
The Insurer
Certain underwriters at Lloyd’s.
Total Sum
Insured
The total of the Sums Insured for each Section with the amounts stated within the Schedule
payable by the Insurer(s) or as otherwise stated elsewhere herein.
PSI GG 2015 V.1
Page 8
The entirety of this contract of insurance is specified in the Schedule Sections Specifications
and/or contained in any and all endorsements or amendments forming part of this Certificate
(whether or not such endorsements or amendments are agreed prior to this Certificate of
insurance coming into force or at any time thereafter) all references to the terms of this
Certificate shall be construed as references to the entire contract and any other written
contractual provisions that form part of this insurance.
Warranty
Is a condition which continues to be effective throughout the Period of Insurance and one which
the Insured must comply with. In the event of the Insured’s non-compliance with any Warranty
the Insurer may at their option avoid the entire contract. However the Insurer will not repudiate
a claim on the grounds of a breach of Warranty or condition stated herein where the
circumstances of the claim being made are unconnected with the breach unless Fraud is
involved.
Excess
The amount to be deducted from each and every Claim after the application of average.
Damage
Direct physical loss or destruction of Property Insured or as otherwise described in the Section
either belonging to the Insured or for which the Insured accepts responsibility.
The Insured
The person(s) or organisations stated in the Schedule who qualify as being insured under this
Certificate.
PSI GG 2015 V.1
Page 9
GENERAL DEFINITIONS
Certificate
This Insurance does not cover:
1.
the Excess stated in the Schedule
Sonic Bang
2.
loss, destruction or damage directly occasioned by pressure waves caused by aircraft and
other aerial devices travelling at sonic or supersonic speeds
Radioactive
Contamination and
Explosive Nuclear
Assemblies
3.
a)
b)
loss or destruction of or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising therefrom or any Consequential Loss
any legal liability or whatsoever nature
directly or indirectly caused by or contributed to by or arising from
i)
ionising radiation or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel
ii)
the radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof
Biological and
Chemical
Contamination
4.
a)
b)
c)
loss or destruction of or damage to any property whatsoever, or any loss or
expenses resulting or arising therefrom or any Consequential Loss;
any legal liability of whatsoever nature;
death or injury to any person;
directly or indirectly caused by or contributed to by arising from biological or chemical
contamination due to or arising from:
i)
ii)
Terrorism: and/or
steps taken to prevent, suppress, control or reduce the consequences of any actual,
attempted, threatened, suspected or perceived Terrorism
For the purpose of this Exclusion, “Terrorism” means any act(s) or any person(s) or
organisation(s)involving:


the causing, occasioning or threatening of harm of whatever nature and by
whatever means
putting the public or any section of the public in fear,
in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s)
or organisation(s) concerned are wholly or partly of a political, religious, ideological or
similar nature and not as otherwise stated under General Certificate Conditions.
Sanctions Export
and Exchange
Control Clause
5.
The Insurer(s) shall not be deemed to provide cover and shall not be liable to pay any
Claim or provide any benefit hereunder to the extent that the provision of such cover
payment such Claim or provision of such benefit would expose the Insurer(s) to any
sanction prohibition or restriction under United Nations resolutions or the trade or
economic sanctions laws or regulations of the European Union United Kingdom or United
States of America.
War Clause
6.
Notwithstanding anything to the contrary contained herein this Certificate does not cover
loss, damage or liability directly or indirectly occasioned by, happening through or in
consequence of war, invasion, acts of foreign enemies, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation or nationalisation or requisition or destruction of or damage to property by or
under the order of any government or public or local authority.
PSI GG 2015 V.1
Page 10
GENERAL EXCLUSIONS
GENERAL EXCLUSIONS
7.
This Certificate does not insure any Loss Damage Claim cost expense or other sum directly
or Exclusion Indirectly arising out of or relating to mould mildew fungus spores or other
micro-organism of any type nature or description including but not limited to any
substance whose presence poses an actual or potential threat to human health.
This exclusion applies regardless whether there is:
a)
Damage to Property Insured;
b)
Any contingency or cause whether or not contributing concurrently or in any
sequence;
c)
Any Loss of use occupancy or functionality;
d)
Any action required including but not limited to repair replacement removal cleanup abatement disposal relocation or steps taken to address medical or legal
contract.
This exclusion supersedes and replaces any provision either in whole or in part in this
Certificate that provides insurance for these matters.
Fraud
8.
If any claim made by the Insured or anyone acting on the Insured’s behalf to obtain any
benefit hereunder shall be fraudulent or intentionally exaggerated or if any false
declaration or statement shall be made in support thereof no compensation shall be
payable hereunder.
PSI GG 2015 V.1
Page 11
GENERAL EXCLUSIONS
Micro-Organism
Exclusion
Notice of Claims
1.
The Insured shall
a)
give to the Insurer(s) via Robertson Taylor Insurance Brokers Limited as soon as
practicably possible notice in writing with full particulars of the happening of any
occurrence likely to give rise to a claim quoting the Certificate number
b)
advise the police within 48 hours or as soon as practicably possible of discovery of
any occurrence of theft or attempted theft or malicious damage likely to give rise
to a claim.
Contracts (Rights of
Third Parties) Act 1999
2.
A person who is not a party to this contract has no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of this contract but this does not affect any right or
remedy of a third party which exists or is available apart from that Act.
Law
and Jurisdiction
3.
UK law allows both the Insured and the Insurer to choose the applicable law of the
contract. This contract will be subject to the relevant law and courts of England and Wales
Northern Ireland Scotland the Isle of Man or the Channel Islands depending upon the
Insured’s address as stated in the Schedule. If there is any dispute as to which law applies it
will be English law.
Material facts
4.
This Certificate is a legal contract. The Insured must inform the Insurer(s) about any facts
or changes which affect this Insurance and which have occurred since the Insurance
started. If the Insured is not sure whether certain facts are relevant the Insured should ask
Robertson Taylor Insurance Brokers Limited. If the Insured does not tell the Insurer(s)
about relevant changes the Insurance may not be valid or the Insurance may not cover the
Insured fully.
Conditions Precedent
5.
Every Condition Precedent to which this insurance is or may be subject to shall apply from
the time it attaches and will continue to apply during the Period of Insurance. The failure to
comply with a Condition Precedent may affect the validity of this Insurance.
Cooling off period for
Insured’s who are
private individuals or a
business
with
a
turnover of less than
GBP 1,000,000
(not applicable to short
period policies after
cover has commenced)
6.
If you, the Insured decide not to proceed with this insurance then you can cancel the
contract by writing to Robertson Taylor within 14 days of either the date that you
received the insurance documentation; or the start of the Period of Insurance
whichever is the later. Subject to no claim having been made during this period you
shall be entitled to a full refund of any premium paid.
PSI GG 2015 V.1
Page 12
GENERAL CONDITIONS
GENERAL CONDITIONS
7.
You can also cancel this policy at any time by giving 30 days’ notice in writing. Any
return premium due to you will depend on how long this policy has been in force and
whether you have made a claim.
We can cancel this policy by giving you (30) days’ notice in writing.
We will only do this for a valid reason (examples of valid reasons are as follows):




Non-payment of premium;
A change in risk occurring which means that we can no longer provide you
with insurance cover;
Non-cooperation or failure to supply any information or documentation we
request;
Threatening or abusive behaviour or the use of threatening or abusive
language
Breach of Warranty or
Condition
8.
The Insurer(s) will not repudiate a claim arising under this Insurance on the grounds of a
breach of Warranty or Condition stated herein where the circumstances of the claim being
made are unconnected with the breach unless Fraud is involved.
Information you have
given us
9.
In deciding to accept this policy and in setting the terms and premium, we have relied
on the information you have given us. You must take care when answering any
questions we ask by ensuring that all information provided is accurate and complete.
If we establish that you deliberately or recklessly provided us with false or misleading
information the Insurer(s) will treat this policy as if it never existed and decline all
claims.
If we establish that you carelessly provided us with false or misleading information it
could adversely affect your policy and any claim. For example, the Insurer(s) may:




treat this policy as if it had never existed and refuse to pay all claims and
return the premium paid. We will only do this if insurers provided you with
insurance cover which they would not otherwise have offered;
amend the terms of your insurance. The Insurer(s) may apply these amended
terms as if they were already in place if a claim has been adversely impacted
by your carelessness;
charge you more for your policy or reduce the amount they pay on a claim in
the proportion the premium you have paid bears to the premium they would
have charged you; or
cancel your policy in accordance with the Right to cancel condition above.
We will write to you if the Insurer(s);



intend to treat the policy as if it never existed; or
need to amend the terms of your policy ; or
require you to pay more for your insurance.
If you become aware that information you have given us is inaccurate, you must inform
us immediately.
Alteration
PSI GG 2015 V.1
10.
The Insured shall give notice to the Insurer(s) of any material alteration or change in
circumstances affecting the risk covered and until the Insurer(s) shall have agreed in writing
to accept liability for such altered risk the Insurer(s) shall not be liable in respect of any
occurrence due altogether or in part to any such alteration or change.
Page 13
GENERAL CONDITIONS
Cancellation for private
individuals outside the
cooling off period or
businesses
with
a
turnover
exceeding
GBP 1,000,000
(not applicable to short
period policies after
cover has commenced)
11.
Regardless of the provisions of the Finance Act 1994 the Premium for this Insurance shall
be deemed not to include Insurance Premium Tax or any similar tax and any such Insurance
Premium Tax or similar tax applicable to this Insurance shall be paid by the Insured in
addition to the Premium. The Insured shall reimburse the Insurer(s) immediately if for any
reason whatsoever the Insurer(s) shall have paid or shall become liable to pay any original
additional Insurance Premium Tax or similar tax in respect of this Insurance.
Basis of the contract
12.
Any proposal, written or verbal, or declaration bearing the date specified in the
Schedule is the basis of the contract between the Insurer(s) and the Insured.
Insolvency
13.
This Insurance does, not cover any loss directly or indirectly arising out of, contributed
to, by, or resulting from the Insured bankruptcy, insolvency, liquidation, winding up,
administration or arrangement with creditors or insufficient.
Non-Disclosure
14.
This Certificate shall be voidable if there has been any misrepresentation, incorrect
description or non-disclosure in any material particular by the Insured or anyone acting
on Insured’s behalf.
Subrogation
15.
The Insurer(s) shall be entitled to instruct their solicitors to act on your behalf. The
Insurer(s) shall be entitled at the Insurer(s) discretion to take over and conduct in your
name the investigation, defence or settlement of any claim and to pursue any right of
recovery in your name following any payment which we make under this insurance. You
must give the Insurer(s) any information or assistance which the Insurer(s) may
reasonably require for this purpose. The Insurer(s) will not pursue any claim against any
of your past or present directors or employees unless the claim has been brought about
or contributed to by the dishonest, fraudulent, criminal or malicious act or omission of
that person.
Premium Payment
Clause
16.
Insured undertake that the premium will be paid in full to the Insurer(s) within Thirty
(30) days of the start of the Certificate or by the date as started in the Certificate
Schedule.
If the premium due under this Certificate has not been received by Insurer(s) by
midnight on the Premium Payment Date this Certificate will automatically cancel or as
otherwise agree by Insurer(s).
a)
b)
c)
In the event of cancellation premium due to the Insurer(s) will be payable in
accordance with Insurer(s) normal terms of Business.
Where a deferred premium payment is not received by the Insurer(s) on the
premium payment Date this Certificate automatically cancels at midnight on
the Premium Payment Date. However if the premium due or the amount of
deferred premium payment instalment is paid to the Insurer(s) before
midnight on the Premium Payment Date the Certificate cancellation shall
automatically be revoked.
Cancellation shall be in accordance with the Certificate Conditions.
Notwithstanding a) and b) above the full premium shall be payable to the Insurer(s) in
the event of a Loss prior to the date of cancellation which gives rise to a valid claim
under the Certificate.
In respect of the above:
a)
b)
PSI GG 2015 V.1
Premium means the money which is to be paid by the Insured to the
Insurer(s) on the Premium Payment Due Date;
Premium Payment Date means the effective date of the lodgement of money
into the Insurer(s) account and in case of payment be cheque the date upon
which the cleared funds are to be in the Insurer(s) designated account.
Page 14
GENERAL CONDITIONS
Insurance Premium Tax
17.
All disputes and differences arising under or in connection with this Certificate shall be
referred to arbitration under ARIS Arbitration Rules.
The Arbitration Tribunal shall consist of three arbitrators one to be appointed by the
Insurer(s) and one by the Insured and the third by the two appointed arbitrators.
The Arbitrators shall be persons (including those who have retired) with not less than
ten years’ experience of insurance or reinsurance within the industry or as lawyers or
other professional advisers serving the industry.
Where a party fails to appoint an arbitrator within 14 days of being called upon to do so
or where the two party-appointment arbitrators fail to appoint a third within 28 days or
their appointment then upon application ARIAS (UK) will appoint an arbitrator to fill the
vacancy. At any time prior to the appointment by ARIAS (UK) the party or arbitrators in
default may make such appointment.
The seat of arbitration shall be London. The governing law of this Certificate shall be
the Law of England and Wales. The language of the arbitrator shall be English.
The parties are deemed to have agreed that there will be a right of appeal to the Courts
but only where the tribunal certifies in its award that the dispute between the parties
involves a question of law of general interest or importance to the trade or industry in
question. For the avoidance of doubt this provision does not apply to any ruling by a
tribunal in relation to its own jurisdiction or otherwise restrict the parties’ rights under
Section 69 of the Arbitration of the 1996 Arbitration Act or subsequence legislation.
Automatic Reinstatement of the Sum Insured (Not applicable to Section 2.1. & 2.1)
The Sum Insured stated in the Schedule will be automatically reinstated and will not be
reduced by the amount of any Claim unless the Insurer(s) give the Insured notice to the
contrary.
However, In the event of Average being applied to any Claim adjustment there shall be
no automatic reinstatement of the Sum Insured. The Sum Insured will be reduced by
the amount of any Claim unless the Insurer(s) agree to such reinstatement and the
Insured pay the additional Premium required by the Insurer(s)
PSI GG 2015 V.1
Page 15
GENERAL CONDITIONS
Arbitration
THE COVER PROVIDED
This Insurance covers the Property Insured described in and for the amounts not exceeding the respective Sums Insured
stated in the Schedule.
The Insurer(s) agree to indemnify the Insured against All Risks of Physical Loss or Damage to the Property Insured
occurring during the Period of Insurance and within the Territorial Limits stated in the Schedule.
DEFINITIONS
As more fully stated under General Definitions
EXCLUSIONS
This Section does not cover:
1.
the Excess stated in the Schedule
2.
faulty manipulation, erasure and loss of magnetism of tapes
3.
Money
4.
loss or damage caused by wear, tear, gradual deterioration, moth, vermin, scratching or
bruising
5.
loss or damage caused by arising or resulting from steam or condensation, mould, fungi,
atmospheric or climatic conditions, chemical action, any process or repairing, renovating,
refinishing or cleaning
6.
any Consequential Loss
Agreement
Recoveries
7.
loss or damage recoverable under any guarantee or maintenance or rental hire or lease
agreement
Electrical
Breakdown
8.
damage to that part of any dynamo, transformer, motor, wiring, main or other electrical
appliance directly caused by short circuiting, overrunning, excessive pressure or leakage of
electricity, but this Exclusion does not apply to damage thereto resulting from such causes
and originating outside the appliance
Electronic Data
9.
notwithstanding any provision to the contrary within this Insurance loss, damage,
destruction, distortion, erasure, corruption or alteration of Electronic Data from any cause
whatsoever (including but not limited to Computer Virus) or loss of use, reduction in
functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any
other cause or event contributing concurrently or in any other sequence to the loss.
However, in the event that a fire and/or explosion results from any of the matters
described in this Exclusion, this Insurance, subject to all its terms, conditions and exclusions,
will cover physical damage occurring during the Period of Insurance to the Property Insured
directly caused by such fire and/or explosion
Electronic Date
Recognition
10.
Loss or destruction of or damage to any property whatsoever, or any loss or expenses
whatsoever resulting or arising from the failure of any equipment to correctly recognise the
date or change of date.
Mechanical
Breakdown
11.
damage to any working machine caused by its own mechanical breakdown or
derangement; damage to any working part caused by its own mechanical breakdown or
derangement
PSI GG 2015 V.1
Page 16
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
12.
This insurance does not cover theft or misappropriation of the property insured by any
person or organisation to whom it may be leased / loaned or hired out.
Terrorism
13.
Notwithstanding any provision to the contrary unless specifically stated within this
insurance or any endorsement thereto it is agreed that this insurance excludes Loss
Damage costs or expenses of whatsoever nature directly or indirectly caused by resulting
from or in connection with any act of Terrorism regardless of any other caused or event
contributing concurrently or in any other sequence to the Loss.
This clause also excludes Loss Damage cost or expense of whatsoever nature directly or
indirectly caused by resulting from or in connection with any action taken in controlling
preventing suppressing or in any way relating to any act of Terrorism.
If the Insurer(s) allege that by reason of this exclusion any Loss Damage costs or expense is
not covered by this insurance the burden of proving the contrary shall be upon the Insured.
In the event any portion of this Exclusion is found to be invalid or unenforceable, the
remainder shall remain in full force and effect
CONDITIONS
Average
1.
Each Sum Insured by this Insurance, unless stated otherwise, is separately subject to
Average. Whenever a Sum Insured is declared to be subject to Average, if the Property
Insured shall at the time of any loss or damage be of greater value than the Sum Insured to
such property, then the Insured shall only be entitled to recover under this Insurance such
proportion of the loss or damage as the Sum Insured bears to the total value of the
Property Insured.
Due Diligence
2.
The Insured shall use diligence and do and concur in doing all things reasonably practicable to
avoid or diminish any loss of or damage to the Property Insured.
NonContribution
3.
This Insurance does not cover any loss or damage which at the time of the happening of
such loss or damage is insured by or would but for the existence of this Certificate be
insured by any other existing insurance or insurances except in respect of any excess
beyond the amount which would have been payable under such other insurance or
insurances had this Insurance not been effected.
Protections
Maintenance
4.
The Insured shall take all reasonable precautions to safeguard the Property Insured and
that the whole of the protections provided for the safety of the Property Insured shall be
maintained in good order throughout the currency of this Insurance and shall be in use at
all times when the Insured’s premises are left unattended and that such protections shall
not be withdrawn or varied without the prior consent of the Insurer(s).
Basis of
Settlement
5.
a)
The Insurer(s) shall be entitled at their sole option to repair, replace or pay cash for
any item lost or damaged, whether whole or in part, subject to the limits of this
Insurance and the Sum Insured being adequate.
b)
In the event of total loss or destruction to the Property Insured (including vinyl
records, DVD’s, CD’s and Tapes not more than 2 years old) which is to be replaced the
basis of settlement shall be, except where stated otherwise herein, the cost of
replacing the item new provided that it is substantially the same but not better than
the original item as new subject to the limits of indemnity under this Insurance. Any
payment made shall not include any incidental costs or expenses incurred during such
replacement.
Replacement as
New
PSI GG 2015 V.1
Page 17
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
Property
Leased /
Loaned or hired
out
c)
In the event of loss, destruction or damage to vinyl records, DVD’s, CD’s and Tapes
more than 2 years old, wearing apparel and where stated otherwise in this Insurance
that Property is Insured on an indemnity basis, the Insurer(s) will pay either the full
cost of the repair, or the cost of replacing the item as new less an amount for wear
and tear. The age of any record, DVD, CD or Tape shall be determined by the period
of time that has elapsed between the date of purchase and the date of any
occurrence giving rise to the claim.
Inflation
Provision
d)
In the event of a claim being accepted under this Insurance for an item which is
Insured on an individual basis with a specified Sum Insured where the actual
replacement cost of the item is greater than the specified Sum Insured, the Insurer(s)
agree to pay the Insured an amount up to a maximum of 10% over and above the
specified Sum Insured subject to the item being replaced.
Electronic Data
Processing
Media
Valuation
e)
In the event that Electronic Data processing media covered by this Insurance suffer
physical loss or damage Insured by this Insurance then, notwithstanding any provision
to the contrary herein, the basis of valuation shall be the cost of the blank media plus
the costs of copying the Electronic Data from back-up or from originals of a previous
generation.
These costs will not include research and engineering nor any costs of recreating,
gathering or assembling such Electronic Data.
Automatic
Reinstatement
7.
In the event of losses occurring under this Insurance the Insurer(s) agree to reinstate the
sums Insured to the full amount stated in the Schedule from the time of the occurrence of
each loss until expiry of this Insurance and in respect of owned and hired out equipment
only an additional premium will be payable.
Claims
Preparation
Costs
8.
The Insurer(s) will pay the cost of the preparation of claims subject to the consent of the
Insurer(s) provided that the Insurer(s)’ liability for these costs shall not exceed GBP 5,000 in
the aggregate in any one Period of Insurance.
WARRANTIES IN RESPECT OF THIS SECTION
It is warranted that the Insured shall ensure that
1.
The Property Insured is professionally packed for unaccompanied transit.
2.
Vehicles containing any Insured property when left unattended shall have all doors, windows, windscreens and
other openings left closed and properly fastened and be securely locked with keys removed and that any special
protection shall be put into full and effective operation and any alarm system where fitted, shall have been
maintained in good order throughout the currency of this Insurance
EXTENSIONS
Hiring Alternative
Equipment
1.
In the event of an Insured loss, this Section will indemnify the Insured for additional
expenses incurred in hiring alternative equipment subject to a limit of 15% of the Total
Sum Insured but not exceeding GBP 150,000 in all.
Continuing Hire
Charges
2.
In the event of Insured loss or damage to hired in equipment, this Insurance will
indemnify the Insured for up to 13 weeks or an amount up to 75% of the value of
Insured equipment of any one hire up to a maximum of GBP 150,000 in respect of
continuing hire charges over and above the amount originally paid or agreed in
accordance with the Hire Contract. The Insurer(s) liability to pay continuing hire charges
shall cease as soon as payment for the Insured loss or damage is made to the Insured or
the Hire Company, whichever occurs first.
PSI GG 2015 V.1
Page 18
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
Indemnity
3.
Cover provided under this section for Damage to property includes cover whilst said
property is hired out unattended by the Insured provided that all such hires shall be
made subject to the Conditions of Hire in line with industry standards.
Wherever property is hired in for rehire by the Insured the hiring conditions used by
the Insured must be no less onerous than those under which the Insured hired such
property.
No Claims Discount
4.
At the expiry of an annual 12 month Period of Insurance if no claims have been being
paid or accepted a No Claims Discount will be allowed on the renewal premium subject
to the minimum premium limit.
Claims Free Scale Discount
10%
17.5%
22.5%
27.5%
30%
Number of Years Claim Free
One
Two
Three
Four
Five
Any discount earned is forfeited at the first renewal date after a claim has been notified
except as detailed below:
Where the Insured has earned the full no claims discount of 30%, being claim free for a
period of 5 years, in the event of a claim being made the following no claims discount
reduction applies
6 years
without claim the discount reduces from 30% to 10%
7 years
without claim the discount reduces from 30% to 17.5%
More than 7 years without claim the discount reduces from 30% to 22.5%
Subject to no claims being paid during the following year the no claims discount will
then be applied in accordance with the above Claim Free Scale from the level of
discount the Insured has earned.
Personal Accident
4.
Fatal injury to the Insured and/or Insured’s employees occasioned by outward and
visible means provided that Death ensues within twelve months of such injury at a Sum
Insured of GBP 5,000 per person.
Personal Effects
5.
Personal effects and baggage the property of the Insured and/or Insured’s employees
subject to a limit of 10% of the Total Sum Insured but not exceeding GBP 10,000 in
respect of any one claim subject to a single article limit of GBP 5,000.
Temporary Extension
to Worldwide
6.
60 days in all any one 12 month Period of Insurance whilst anywhere in the world
subject to prior notification to the Insurer(s). This Extension applies to the items in the
Schedule where the Territorial Limits are stated as “B” where European cover applies.
Software Compatibility
7.
Following a claim to equipment Insured under Item 1a) of the Property Insured stated
in the Schedule if the equipment cannot be replaced with identical equipment the
Insurer(s) will pay the cost to replace software to the original equipment if it is not
compatible with the replacement equipment provided that these costs do not exceed
the purchase price of the original equipment less the replacement cost of the new
equipment.
Free Increase in Total
Sum Insured
8.
The Total Sum Insured for the Property Insured (other than in respect of Hired in
property) can be increased to the amount shown in the Schedule or endorsed hereon
during the Period of Insurance without any additional premium being charged subject
to prior notification to the Insurer(s). The renewal premium will be rated on the revised
Total Sum Insured.
PSI GG 2015 V.1
Page 19
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
Hiring Out
9.
Any new additions to the Property Insured will be covered for a period of 30 days
(subject to the amount shown in the Schedule as the Free Increase in Total Sum Insured)
pending notification to the Insurer(s).
General Average
contributions
10.
When the Territorial Limits are stated in the Schedule as “B”, “C” this Insurance will
indemnify the Insured for general Average contributions, Salvage charges and Sue and
Labour charges whilst the Property Insured is being transported by sea between any
countries within the Territorial Limits provided that the Property Insured is otherwise
covered for loss or damage under this Insurance and the liability of the Insurer(s) does
not exceed the Sum Insured for the insured items.
PSI GG 2015 V.1
Page 20
SECTION 1 – ALL RISKS OF PHYSICAL LOSS OR DAMAGE INSURANCE
New Additions
THE COVER PROVIDED
SECTION 2.1 - EMPLOYERS LIABILITY
SECTION 2.2 - PUBLIC LIABILITY AND PRODUCTS LIABILITY
DEFINITIONS applicable to SECTIONS 2.1 and 2.2 Only
Bodily Injury
1.
shall mean bodily injury to any person and shall include
a)
death illness and disease
b)
mental injury anguish or nervous shock sustained by any person as a result of actual
or threat of bodily injury death illness or disease.
Business
2.
shall mean the Business described in the Certificate Schedule and shall include
a)
the sale or supply of food and/or drink to Employees or others
b)
the provision of sports social and welfare organisations and fire first-aid and
ambulance services by the Insured and maintenance and ownership of the Insured’s
premises
c)
private work undertaken by Employees for any director partner or Employee of the
Insured.
Costs and Expenses
3.
shall mean
a)
costs and expenses recoverable by any claimant from the Insured
b)
costs and expenses incurred with the written consent of the Insurer(s)
c)
the solicitor's fees for representation at any coroner's inquest or fatal accident
inquiry or in any court of summary jurisdiction
d)
compensation to the Insured at the following rates per day for each day on which
any of the following persons attend court as a witness at the request of the
Insurer(s)
i)
any director or partner of the Insured GBP 250
ii)
any Employee
GBP 250
Employee(s)
4.
shall mean any person under a contract of service or apprenticeship with the Insured and
shall also include the following while working for the Insured in connection with the
Business in which case they will be considered to be employed by the Insured
a)
any person under a contract of service or apprenticeship with some other employer
and who is hired to or borrowed by the Insured
b)
any labour master and any person supplied by him
c)
any person engaged as a labour-only sub-contractor and any person supplied by him
d)
any self-employed person performing work of a kind ordinarily performed under a
contract of service or apprenticeship with the Insured
e)
any person supplied to the Insured under a contract or agreement the terms of
which deem such person to be in the employment of the Insured for the duration of
such contract or agreement
f)
any work experience student trainee or voluntary worker.
PSI GG 2015 V.1
Page 21
SECTION 2 – COMBINED LIABILITY INSURANCE
SECTION 2 – COMBINED LIABILITY INSURANCE
Indemnity to
Principals and
Others
1.
The Insurer(s) will also indemnify in the terms of this Insurance
a)
in the event of the death of the Insured his/her legal personal representative in
respect of liability incurred by the Insured
b)
any principal with whom the Insured has entered into an agreement to the extent
required by such agreement but only in respect of liability for which the Insured
would have been entitled to indemnity under this Insurance if the claim had been
made against the Insured
c)
any officer or member of the Insured’s catering sports social and welfare
organisations and fire first-aid or ambulance services
d)
any director partner or Employee of the Insured in respect of liability for which the
Insured would have been entitled to indemnity under this Insurance if the claim had
been made against the Insured
e)
any director partner or Employee of the Insured in respect of liability for private
work undertaken by Employees with the consent of the Insured
Provided that
i)
such person(s) shall not be entitled to indemnity under any other policy
ii)
such principal/person(s) shall as though he/they were the Insured be subject to the
terms of this Insurance in so far as they can apply
iii) the Limit of Indemnity shall not be increased hereby.
Cross Liabilities
2.
Where more than one party comprises the Insured any claim by one Insured against any
other Insured shall be treated as though the party so claiming is not an insured party
subject to total liability of the Insurer(s) not being increased. This Extension shall not
apply in respect of Personal and Advertising Injury.
Legal Defence Costs
3.
Legal Defence Costs Health and Safety at Work, Consumer Protection, Corporate
Manslaughter and Corporate Homicide Acts.
The Insurer(s) will indemnify the Insured or at the request of the Insured any Employee
director or partner of the Insured against legal costs and expenses incurred with the prior
approval of the Insurer(s) in the defence of any criminal proceedings brought for a breach
of
a)
the United Kingdom Health and Safety at Work etc Act 1974 or the Health and Safety
at Work (Northern Ireland) Order 1978 and/or legislation of similar effect or
b)
Part II of the Consumer Protection Act 1987 and/or Part II of the Food and Safety Act
1990 and/or legislation of similar effect
c)
the Corporate Manslaughter and Corporate Homicide Act 2007
committed during the Period of Insurance in the course of the Business including legal
costs and expenses incurred with the prior approval of the Insurer(s) in an appeal against
conviction arising from such proceedings
Provided that:
a)
this Extension shall not apply to
i)
fines or penalties imposed by a Court
ii) proceedings consequent upon any deliberate act or omission.
b)
The Insurer(s) Limit of Liability for a breach of the Corporate Manslaughter and
Corporate Homicide Act 2007 shall not exceed GBP 1,000,000 any one occurrence
and in the aggregate in the Period of Insurance.
Effect of Nondisclosure
PSI GG 2015 V.1
4.
Where the Insured comprises more than one party the non-disclosure of any material
alteration or change in circumstances affecting the risk covered or the actions of any one
insured party shall not prejudice the indemnity granted to any other insured party
provided that such other insured party has no knowledge of the non-disclosure or action.
Page 22
SECTION 2 – COMBINED LIABILITY INSURANCE
EXTENSIONS applicable to SECTIONS 2.1 and 2.2 Only
5.
Exclusion 1b) of Section 2.2 shall apply in respect of legal liability of the Insured arising
from the use Connection with the Business of any motor vehicle not the property of nor
provided by the Insured
Provided that this Extension shall apply in respect of
a)
loss of or damage to any such vehicle or its contents
b)
Liability arising while such vehicle is being
i)
Driven by the Insured
ii)
Driven with the general consent of the Insured or of the representative of
the Insured by any person who to the knowledge of the Insured or of such
representative does not hole a valid licence to drive such vehicle unless such
person has held and is not disqualified from holding or obtaining such a
licence.
iii)
Used elsewhere than within the member countries of the European Union.
CONDITIONS applicable to SECTIONS 2.1 and 2.2 Only
Precautions
1.
It shall be a condition precedent to any liability of the Insurer(s) to make any payment
under this Insurance that the Insured at their own expense shall take all reasonable
precautions to prevent occurrences which may give rise to liability under this Insurance
and all reasonable steps
a)
to comply with all applicable statutory requirements and to maintain their ways
works machinery plant and premises in good order and repair
b)
to ensure that their Products are free from defect and fit for the purposes intended
and comply with all statutory obligations and regulations imposed by any authority
before possession thereof is relinquished to others
c)
to remedy any defect or danger upon discovery thereof and take such additional
precautions as the circumstances may require
d)
in the selection of Employees.
Claims Procedure
2.
It shall be a condition precedent to any liability of the Insurer(s) to make any payment
under this Insurance that in the event of any occurrence giving rise to or which may give
rise to a claim under this Insurance
a)
the Insured shall via Robertson Taylor Insurance Brokers Limited
i)
give written notice thereof (and full particulars of the occurrence) to the
Insurer(s) as soon as possible
ii)
notify the Insurer(s) in writing immediately he/they shall have the knowledge
of any impending prosecution inquest or fatal inquiry in connection with any
occurrence for which there may be liability under this Insurance
iii)
forward to the Insurer(s) immediately on receipt every claim notice letter
verbal notice of claim or other originating process or any other document
served on the Insured
iv)
give all such information and assistance as the Insurer(s) may require
b)
the Insured shall NOT negotiate admit liability or make any promise payment or
settlement without the written consent of the Insurer(s)
c)
the Insurer(s) shall be entitled
i)
if and so long as it desires to take over and to have the sole conduct and
control of any claim and legal proceedings or alternative disputes resolution
relating thereto in the name of the Insured and shall have full discretion in
the settlement of any claim
ii)
to prosecute in the name of the Insured but for the benefit of the Insurer(s)
any claim for compensation or indemnity.
Discharge of
Liability
3.
The Insurer(s) may at its sole discretion in respect of any occurrence or occurrences
covered by this Insurance pay to the Insured the Limit of Indemnity applicable to such
occurrence or occurrences (but deducting therefrom any sum or sums already paid) or any
lesser sum for which the claim or claims arising from such occurrence or occurrences can
be settled and the Insurer(s) shall thereafter be under no further liability in respect of such
occurrence or occurrences except for the payment of Costs and Expenses incurred prior to
the date of such payment and for which the Insurer(s) may be responsible hereunder.
PSI GG 2015 V.1
Page 23
SECTION 2 – COMBINED LIABILITY INSURANCE
Motor Contingent
Liability
4.
If at the time of the happening of any occurrence covered by this Insurance there is any
other existing insurance whether effected by the Insured or not covering the same liability
the Insurer(s) shall not be liable to indemnify the Insured in respect of such liability except
so far as concerns any excess beyond the amount which would have been payable under
such other insurance had this Insurance not been effected.
Premium
Adjustment
5.
If the Premium under this Insurance has been calculated (wholly or in part) upon estimates
furnished by the Insured, the Insured shall keep proper records containing all particulars
relative thereto and the Insurer(s) shall be allowed to inspect such records at all
reasonable times. The Insured shall within one month from the expiry of each Period of
Insurance supply to the Insurer(s) such particulars as the Insurer(s) may require
whereupon the premium for such period shall be adjusted and the difference paid by or
allowed to the Insured as the case may be subject to any Minimum Premium specified in
the Certificate Schedule.
PSI GG 2015 V.1
Page 24
SECTION 2 – COMBINED LIABILITY INSURANCE
Non-Contribution
THE COVER PROVIDED
The Insurer(s) will indemnify the Insured against all sums which the Insured shall become legally liable to pay as damages in
respect of Bodily Injury sustained by any Employee caused during the Period of Insurance within the Territorial Limits and
arising out of and in the course of employment by the Insured in the Business.
LIMIT OF INDEMNITY
The total liability of the Insurer(s) to pay damages and Costs and Expenses shall not exceed the sum stated in the Certificate
Schedule in respect of any one claim or series of claims arising from the same occurrence.
RIGHT OF RECOVERY OF THE INSURERS
The indemnity granted by this Section is deemed to be in accordance with the provisions of any law relating to compulsory
insurance of liability to Employees in Great Britain Northern Ireland the Channel Islands or the Isle of Man but the Insured
shall repay to the Insurer(s) all sums which the Insurer(s) would not have been liable to pay but for the provisions of such
law.
DEFINITIONS
Territorial Limits
1.
shall mean
a)
Great Britain Northern Ireland the Channel Islands or the Isle of Man
b)
Elsewhere in the world the indemnity granted by this Section is extended to apply in
respect of any Employee whilst temporarily outside the Territorial Limits stated in a)
above.
Offshore
2.
shall mean from the time of embarkation on to a vessel or aircraft for conveyance to an
offshore rig offshore platform or offshore installation until disembarkation from the
conveyance on to land upon return from such offshore rig offshore platform or offshore
installation.
SECTION 2.1 - EXCLUSIONS
This Section 2.1 does not indemnify the Insured in respect of any liability
Passengers
1.
for which compulsory motor insurance or security is required under any road traffic
legislation in force within any member country of the European Union.
Offshore
2.
To any Employee arising while Offshore.
Asbestos
3.
arising out of or related to the manufacture mining processing distribution testing
remediation removal storage disposal sale use or exposure to asbestos or materials or
products containing asbestos other than to the extent that an indemnity is deemed to be
required in accordance with the provisions of any law relating to compulsory insurance of
liability to Employees in which case the total liability of the Insurer(s) to pay damages and
Costs and Expenses shall not exceed GBP 5,000,000 in respect of any one claim arising out
of any one event or all events of a series consequent on or attributable to one source or
original cause.
Terrorism
4.
arising out of Terrorism other than to the extent that an indemnity is deemed to be
required in accordance with any law relating to compulsory insurance of Employees in
which case the total liability of the Insurer(s) to pay damages and Costs and Expenses
shall not exceed GBP 5,000,000 in respect of any one claim or series of claims against the
Insured.
PSI GG 2015 V.1
Page 25
SECTION 2 – COMBINED LIABILITY INSURANCE
SECTION 2.1 - EMPLOYERS’ LIABILITY
Unsatisfied Court
Judgements
1.
In the event of a judgement for damages being obtained
a)
by any Employee or the personal representatives of any Employee in respect of
Bodily Injury to the Employee caused during the Period of Insurance and arising out
of and in the course of employment by the Insured in the Business against any
company or individual operating from premises within Great Britain Northern Ireland
the Channel Islands or the Isle of Man in any court situate in the aforesaid territories
and
b)
remaining unsatisfied in whole or in part six months after the date of such
judgement
then subject otherwise to the terms exclusions limitations and conditions applicable to this
Section the Insurer(s) will at the request of the Insured pay under this Section to the
Employee or the personal representatives of the Employee the amount of any such
damages and any awarded costs to the extent that they remain unsatisfied.
Provided that
i)
there is no appeal outstanding
ii)
if any payment is made under the terms of this Extension the Employee or the
personal representatives of the Employee shall assign the judgment to the Insurer(s)
iii) all reasonable steps necessary have been taken to recover monies due from the
party against whom the judgment was obtained
iv) This Extension shall not apply if this Section is not insured under this insurance.
Multiple Insured
2.
Where the Insured named in the Certificate Schedule comprises more than one party the
Insurer(s) will treat each party as though a separate policy had been issued to each of
them.
Overseas
Employees
Recruited outside
the Country of
Origin of Insured
3.
Notwithstanding the Territorial Limits the Insurer(s) subject otherwise to the terms
exclusions limitations and conditions applicable to this Section will provide indemnity to
the Insured against legal liability for damages and Costs and Expenses in respect of Bodily
Injury to any Employee temporarily engaged outside of the Country of Origin of Insured
(herein referred to as “Overseas Employee”) arising out of and in the course of
employment by the Insured in the Business and caused during the Period of Insurance
Provided that this Extension will not apply in circumstances
i)
for which any workers’ compensation or employers’ liability insurance is required to
be effected and maintained in any country or state to comply with the laws of that
country or state
ii)
where indemnity is provided by any social security or similar scheme in any country
or state
iii) for which insurance or security is required in accordance with any road traffic
legislation in force in any country
In the event that a claim for damages and claimants Costs and Expenses is made on behalf
of an Overseas Employee by any state social security or similar scheme exercising
subrogation rights against the Insured the Insurer(s) subject otherwise to the terms
exclusions limitations and conditions applicable to this Section will provide indemnity to
the Insured provided that this Extension does not apply to fines penalties punitive or
exemplary damages
PSI GG 2015 V.1
Page 26
SECTION 2 – COMBINED LIABILITY INSURANCE
EXTENSIONS
THE COVER PROVIDED
The Insurer(s) will indemnify the Insured against all sums which the Insured shall become legally liable to pay as damages in
respect of accidental
1.
2.
3.
4.
Bodily Injury occurring
Damage to material property occurring
Trespass Nuisance or Obstruction occurring
Personal and Advertising Injury offences committed
during the Period of Insurance within the Territorial Limits as stated in the Schedule and arising in connection with the
Business.
LIMIT OF INDEMNITY
The total liability of the Insurer(s) to pay damages as a result of any one occurrence or of any series of occurrences arising
from one originating cause shall not exceed the sum stated in the Certificate Schedule
Provided always that the liability of the Insurer(s)
1.
in respect of all damages payable in respect of all Bodily Injury and Damage occurring during any one Period of
Insurance and caused by Products shall not exceed the sum stated in the Certificate Schedule
2.
in respect of all damages payable in respect of all Personal and Advertising Injury during any one Period of
Insurance shall not exceed the sum stated in the Certificate Schedule
The Insurer(s) will also pay Costs and Expenses in respect of any occurrence to which this Insurance applies.
DEFINITIONS
Advertisement
1.
shall mean a notice which is broadcast or published to the general public or specific
market segments about the Insured’s Products or services for the purpose of attracting
customers or supporters.
a)
Great Britain Northern Ireland the Channel Islands or the Isle of Man
b)
Elsewhere in the world the indemnity granted by this Section is extended to apply in
respect of any Employee whilst temporarily outside the Territorial Limits stated in a)
above.
Data
2.
and Personal Data shall have the meaning defined in the Data Protection Act (amended)
2003.
Damage
3.
shall include loss.
North America
4.
Personal and
Advertising Injury
5.
shall mean the United States of America or Canada or any territory within the jurisdiction
of either country.
shall mean injury other than Bodily Injury occurring as a direct result of any of the
following offences
a)
false arrest detention or imprisonment or malicious prosecution
b)
wrongful entry or eviction which interferes with the right of private occupancy
c)
oral or written publication of material in any Insured’s Advertisement which
constitutes slander or libel or disparages goods products or services
d)
oral or written publication of material which violates the right of privacy of a person
e)
misappropriation of advertising ideas in any Insured’s Advertisement
f)
infringement of copyright Trade Dress or slogan in any Insured’s Advertisement.
Products
6.
PSI GG 2015 V.1
shall mean anything sold supplied altered constructed repaired serviced designed tested
installed or processed by or on behalf of the Insured including containers packaging or
labelling and which is not in the possession of the Insured at the time of the occurrence.
Page 27
SECTION 2 – COMBINED LIABILITY INSURANCE
SECTION 2.2 - PUBLIC AND PRODUCTS LIABILITY
7.
shall mean
a)
the Country of Origin of Insured stated in the Certificate Schedule
b)
Elsewhere in the world the indemnity is extended to apply in respect of the activities
in the course of the Business of
i)
directors partners and/or Employees of the Insured who are normally resident
in the Country of Origin of Insured whilst temporarily engaged outside the
Country of Origin of Insured
ii) Employees of the Insured who are not normally resident in the Country of
Origin of Insured whilst engaged outside of the Country of Origin of Insured
c)
anywhere in the world in respect of occurrences caused by Products.
Trade Dress
8.
shall mean any right enforceable at law to the extent that it relates to the overall visual
appearance of a Business and its products and/or services and the manner in which they
are packaged and/or presented.
Trespass Nuisance
or Obstruction
9.
shall mean trespass nuisance or obstruction or interference with any easement right of air
light water or way.
EXCLUSIONS
This Section does not indemnify the Insured in respect of any liability
Aircraft /
Watercraft Vehicles
1.
arising from or caused by the ownership possession control or use by or on behalf of the
Insured of
a)
any aerospatial device or any airborne or waterborne craft or vessel (other than
manually propelled craft) or the loading or unloading of such craft or vessels
b)
any mechanically propelled vehicle or trailer attached thereto
i)
in circumstances for which insurance or security is required in accordance with
any road traffic legislation in force within the member countries of the
European Union
ii) whilst being used on any public road in any other country whether or not
insurance in respect of liability therefor is compulsory
or the loading or unloading of such vehicle or trailer attached thereto
Provided that if there is no indemnity afforded by any motor or other insurance
policy this Exclusion will not apply to liability arising from
i)
the act of loading or unloading or the bringing to or taking away of a load from
such vehicle or trailer
ii) the operation of plant as a tool of trade within the member countries of the
European Union but only insofar as such liability is not the subject of
compulsory insurance or security in accordance with any road traffic legislation
in force in such countries.
Asbestos
2.
arising from the manufacture mining processing distribution testing remediation removal
storage disposal sale use or exposure to asbestos or materials or products containing
asbestos whether or not there is another cause of claim which may have contributed
concurrently or in consequence of the claim.
Contractual
Liability
3.
assumed under any contract or agreement in respect of
a)
b)
c)
PSI GG 2015 V.1
Damage to contract or temporary works to be executed by the Insured and/or their
sub-contractors and/or to any materials plant tools and other property for use in
connection therewith
Bodily Injury or Damage to material property arising from or caused by Products
Personal and Advertising Injury
Page 28
SECTION 2 – COMBINED LIABILITY INSURANCE
Territorial Limits
Custody or Control
4.
in respect of Damage to property
a)
belonging to the Insured
b)
in the custody or control of the Insured or any Employee or agent of the Insured
other than
i)
personal effects (including motor vehicles) belonging to visitors directors
partners and Employees of the Insured
ii) premises (including their contents) not leased or rented to the Insured but
temporarily occupied by the Insured for the purpose of carrying out work.
Excess
5.
in respect of the Excess stated in the Certificate Schedule and any such amount(s) will be
payable by the Insured before the Insurer(s) shall be liable to make any payment for
damages under this Insurance.
The Excess shall not apply to fees and expenses reasonably and necessarily incurred by the
Insured with the Insurer(s) prior consent or by the Insurer(s) in respect of legal costs and
disbursements and investigative and related expenses incurred by a liability adjuster.
Employees
6.
in respect of Bodily Injury sustained by any Employee arising out of and in the course of
employment by the Insured in the Business.
Fines / Penalties
7.
for fines liquidated damages or under any penalty clause.
Personal and
Advertising Injury
8.
in respect of Personal and Advertising Injury
a) arising out of oral or written publication of material
i)
if the first oral or written publication of the same or similar material took place
prior to the commencement date of this Insurance
ii) which to the knowledge of the Insured is false
b)
arising out of a breach of contract other than misappropriation of advertising ideas
under an implied contract
c)
arising out of the failure of goods products or services to conform with advertised
quality or performance
d)
arising out of the wrong description of the price of goods products or services
e)
committed by an Insured whose Business is advertising broadcasting publishing or
telecasting
Provided that this Exclusion e) does not apply to
i)
the offences described in items a) and b) of Definition 5 to this Section
ii) the use of video screens.
Products Aircraft
9.
arising from Products knowingly supplied for use or installation in or on any aircraft or
aerospatial device which could affect the navigation flying capabilities or safety of such
aircraft or device.
Products Damage
to etc.
10.
in respect of Damage to or any costs or expenses claimed or incurred for repair removal
replacement recall or loss of use of any Products out of which the occurrence arises.
Pollution
11.
arising out of the discharge dispersal release or escape of smoke vapours soot fumes acids
alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or
pollutants into or upon land the atmosphere or any water course or body of water or
building or other material property except to the extent that the Insured demonstrate
that such pollution
a)
was the direct result of a sudden identifiable unintended and unexpected incident
occurring in its entirety at a specific time and place during the Period of Insurance
b)
was not the direct result of the Insured failing to take reasonable precautions to
prevent such pollution
Provided always that such pollution which arises out of one incident shall be considered
for the purposes of this Insurance to have occurred at the time such incident takes place
and that the total liability of the Insurer(s) shall not exceed the Limit of Indemnity stated
in the Certificate Schedule in the aggregate in the Period of Insurance.
PSI GG 2015 V.1
Page 29
SECTION 2 – COMBINED LIABILITY INSURANCE
unless such liability would have attached in the absence of such contract or agreement.
12.
caused by resulting from or in connection with any act of Terrorism.
EXTENSIONS
This Section does not indemnify the Insured in respect of any liability
Damage to Leased
or Rented Premises
1.
Exclusion 4 b) shall not apply to premises (including fixtures and fittings) leased or rented
to the Insured
Provided that this Extension shall not apply in respect of
a)
liability assumed under any contract or agreement unless such liability would have
attached in the absence of such contract or agreement
b)
Damage to any such premises which is Insured under any property or fire insurance
policy arranged by the Insured or under which the Insured is entitled to indemnity in
respect of such Damage.
Data Protection Act
2.
Personal and Advertising Injury shall also mean damage or distress occurring as a result of
an offence under Section 13 of the Data Protection Act (amended) 2003 committed during
the Period of Insurance within Territorial Limits and arising in connection with the
Business Provided that this Extension shall not apply to liability
a)
in respect of Costs and Expenses of rectifying or erasing Data or Personal Data
b)
arising from Fraud or dishonesty
c)
arising from any agreement to store process or supply Data for a fee or by reciprocal
arrangement
Provided that this Extension shall not apply in respect of the cost of remedying any defect
(or alleged defect) in such premises.
Personal Liability
Overseas
3.
The Insurer(s) will indemnify in the terms this Insurance the Insured and at the request of
the Insured any director partner or Employee of the Insured or spouse of any such person
against legal liability for damages in respect of Bodily Injury or Damage to material
property arising from personal activities while temporarily outside the Country of Origin of
Insured in connection with the Business
Provided that this Extension shall not apply in respect of
a)
liability arising from the ownership or occupation of any land or building
b)
liability insured by any other policy of insurance
and that any such director Employee or spouse shall as though he/they were the Insured
be subject to the terms of this Insurance in so far as they can apply.
Non Legal Liability
Damage to
Property
4.
Notwithstanding anything herein contained to the contrary the Insurer(s) will indemnify
the Insured under this Insurance in respect of compensation for any Damage to premises
including contents and or any other property for which the Insured is responsible subject
to
a)
the Limit stated in the Certificate Schedule for this Extension
b)
the Excess stated in the Certificate Schedule for this Extension.
Vendors Indemnity
5.
The Insurer(s) will indemnify at the request of the Insured in the terms of this Insurance
any person or organisation (herein referred to as “vendor”) but only with respect to Bodily
Injury or Damage to material property arising out of the Insured’s Products distributed or
sold in the regular course of the vendor’s Business
Provided that
a)
this Extension shall not apply in respect of liability arising from
i)
any express warranty unauthorised by the Insured
ii)
any physical or chemical change in the form of the product made
intentionally by the vendor
iii)
repacking unless unpacked solely for the purpose of inspection
demonstration testing or the substitution of parts under instruction from the
Insured and then repacked in the original container
iv)
demonstration installation servicing or repair operations except
demonstration performed at the vendor’s premises in connection with the
PSI GG 2015 V.1
Page 30
SECTION 2 – COMBINED LIABILITY INSURANCE
Terrorism
v)
b)
c)
d)
Products which after distribution or sale by the Insured have been labelled or
re-labelled or used as a container part or ingredient of any other thing or
substance by or for the vendor
this Extension shall not apply to any person or organisation from whom the Insured
has acquired such Products or any ingredient part or container entering into
accompanying or containing such Products
such vendor shall as though he/they were the Insured be subject to the terms of this
Insurance in so far as they can apply
the Limit of Indemnity shall not be increased hereby.
SPECIAL CONDITIONS
North America
Clause
1.
In respect of occurrences happening in or claims or legal proceedings brought or
originating in North America
a)
the liability of the Insurer(s) in respect of all damages payable together with all Costs
and Expenses shall not exceed the Limit of Indemnity
b)
this Insurance does not apply to punitive or exemplary damages
c)
notwithstanding Exclusion 11 to this Section this Insurance does not apply to
i)
Personal Injury or Bodily Injury or financial loss or Damage to or loss of use
of property directly or indirectly arising out of the actual alleged or
threatened discharge dispersal release or escape of Pollutants:1.
at or from premises owned rented or occupied by the Insured
2.
at or from any site or location used by or for the Insured or others for
the handling storage disposal processing or treatment of waste;
3.
which are at any time transported handled stored treated disposed of
or processed as waste by or for the Insured or any person or
organisation for whom the Insured may be legally responsible;
4.
at or from any site or location on which the Insured or any contractors
or subcontractors working directly or indirectly on behalf of the Insured
are performing operations:a) if the Pollutants are brought on or to the site or location in
connection with such operations: or
b) if the operations are to test for monitor clean up remove contain
treat detoxify or neutralise the Pollutants;
ii)
any loss cost or expense arising out of any governmental direction or request
that the Insured test for monitor clean up remove contain treat detoxify or
neutralise Pollutants;
For the purposes of this Special Condition “Pollutants” means any solid, liquid, gaseous or
thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes,
acid, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned
or reclaimed.
Entertainment
Industry Smoke and
Vapour Effects
Clause
2.
Notwithstanding Exclusion 11 and Special Condition 1 to this Section the Insurer(s) will
indemnify the Insured in the terms this Insurance against legal liability for damages in
respect of Bodily Injury or Damage to material property arising from the discharge of dry
ice, oil mist, glycol smoke, and/or mineral oil smoke as special and lighting effects on stage
Provided that the liability of the Insurer(s) in respect of all damages payable together with
all Costs and Expenses shall not exceed the Limit of Indemnity stated in the Certificate
Schedule in the aggregate in the Period of Insurance.
PSI GG 2015 V.1
Page 31
SECTION 2 – COMBINED LIABILITY INSURANCE
sale of the product
THE COVER PROVIDED
This Insurance covers Money for amounts not exceeding the limits stated in the Schedule.
We the Insurer(s) agree to indemnify the Insured against loss of Money from any cause not otherwise excluded whilst:
A.
in the personal possession of the Insured or an Authorised Representative of the Insured
B.
in a locked safe or strong room
Occurring during the Period of Insurance and within the Territorial Limits stated in the Schedule.
Section 3 is subject to the following Definitions, Warranties, Exclusions, Extensions and Conditions and those Endorsements
that are stated in the Schedule as applicable.
DEFINITIONS
Money
1.
Money means current coins, bank notes, cheques, postal orders, money orders, traveller’s
cheques and foreign currency.
Authorised
Representative
2.
Authorised Representative means any employee or other person given permission by the
Insured to carry Money in connection with the Business of the Insured who will be subject
to the terms Exclusions and Conditions of this Insurance.
Other Appropriate
Authority
3.
Other Appropriate Authority includes Tour Manager, Tour Accountant, Hotel Manager,
Event Venue Manager and Head of Security or such other person to whom a report should
be made taking into account the circumstances of the loss.
Business
shall mean the Business described in the Certificate Schedule and shall include
a)
the sale or supply of food and/or drink to Employees or others
b)
the provision of sports social and welfare organisations and fire first-aid and
ambulance services by the Insured and maintenance and ownership of the
Insured’s premises
c)
private work undertaken by Employees for any director partner or Employee of the
Insured.
Employee
shall mean any person under a contract of service or apprenticeship with the Insured and
shall also include the following while working for the Insured in connection with the
Business in which case they will be considered to be employed by the Insured
a)
any person under a contract of service or apprenticeship with some other
employer and who is hired to or borrowed by the Insured
b)
any labour master and any person supplied by him
c)
any person engaged as a labour-only sub-contractor and any person supplied by
him
d)
any self-employed person performing work of a kind ordinarily performed under a
contract of service or apprenticeship with the Insured
e)
any person supplied to the Insured under a contract or agreement the terms of
which deem such person to be in the employment of the Insured for the duration
of such contract or agreement
f)
any work experience student trainee or voluntary worker.
PSI GG 2015 V.1
Page 32
SECTION 3 – MONEY INSURANCE
SECTION 3 – MONEY INSURANCE
Section 3 does not cover:
1.
2.
3.
4.
5.
6.
Terrorism
7.
the Excess stated in the Schedule
any loss of Money not in the personal possession of the Insured or an Authorised
Representative of the Insured, unless in a locked safe and strong room.
loss of Money not reported to the Police or, if unable to report to the police, Other
Appropriate Authority within 48 hours of discovery.
loss of Money arising from any act of dishonesty committed or connived at by any person in
the employ or service of the Insured or Authorised Representative.
unexplained shortages and mysterious disappearance of Money.
Consequential Loss, loss or shortages due to depreciation or currency fluctuation or
clerical or accounting errors or omissions.
Notwithstanding any provision to the contrary unless specifically stated within this
insurance or any endorsement thereto it is agreed that this insurance excludes Loss
Damage costs or expenses of whatsoever nature directly or indirectly caused by resulting
from or in connection with any act of Terrorism regardless of any other caused or event
contributing concurrently or in any other sequence to the Loss.
This clause also excludes Loss Damage cost or expense of whatsoever nature directly or
indirectly caused by resulting from or in connection with any action taken in controlling
preventing suppressing or in any way relating to any act of Terrorism.
If the Insurer(s) allege that by reason of this exclusion any Loss Damage costs or expense is
not covered by this insurance the burden of proving the contrary shall be upon the
Insured.
In the event any portion of this Exclusion is found to be invalid or unenforceable, the
remainder shall remain in full force and effect
CONDITIONS
Provisional
Premium
1.
The Provisional Premium is subject to adjustment as specified in the Schedule on the
estimated aggregate amount of Money carried during the Period of Insurance. The
Insured shall supply within thirty days after expiry of this Insurance a declaration of the
actual aggregate amount of Money carried and an estimate for the next year.
Due Diligence
2.
The Insured shall use diligence and do and concur in doing all things reasonably practicable to
avoid or diminish any loss of Money.
Premium
Adjustment
3.
If the Premium under this Insurance has been calculated (wholly or in part) upon estimates
furnished by the Insured the Insured shall keep proper records containing all particulars
relative thereto and the Insurer(s) shall be allowed to inspect such records at all
reasonable times. The Insured shall within one month from the expiry of each Period of
Insurance supply to the Insurer(s) such particulars as the Insurer(s) may require
whereupon the premium for such period shall be adjusted and the difference paid by or
allowed to the Insured as the case may be subject to any Minimum Premium specified in
the Certificate Schedule.
PSI GG 2015 V.1
Page 33
SECTION 3 – MONEY INSURANCE
EXCLUSIONS
THE COVER PROVIDED
The Insurer will indemnify the Insured for all losses arising under any of the Heads of Cover resulting from Damage to
Insured Property under this Policy directly caused by an act of Terrorism occurring during the Period of Insurance as
stated in the Policy Schedule at the Insured Premises within the Territorial Limits.
The maximum the Insurer will pay under this section will not exceed the Sum Insured / limit of indemnity for each Head
of Cover being the amount set against each item in the Schedule or as stated elsewhere in the Policy where Terrorism is
otherwise insured.
DEFINITIONS (Also refer to the Policy Definitions)
The following definitions apply to this and shall keep the same meaning wherever they appear below unless alternative
definition is stated to apply.
Excess
1.
The amount or amounts shown in the Policy, Section, and Schedule which the Insurer shall
deduct from each and every claim at each separate insured Location.
Denial of Service
Attack
2.
Any actions or instructions constructed or generated with the ability to damage, interfere
with or otherwise affect the availability of networks, network services, network
connectivity or information systems.
This includes, but is not limited to the generation of excess traffic into network addresses,
the exploitation of system or network weaknesses and the generation of excess or nongenuine traffic between and amongst networks.
The Insured will repay the Insurer any amount paid by the Insurer.
Event
3.
Means all individual losses arising in respect of a continuous period of SEVENTY TWO (72)
hours of which the proximate cause is the same Act of Terrorism, and the Insured may
choose the date and time when any such period of SEVENTY TWO (72) hours shall
commence provided that no two periods overlap and no period commences earlier than
the date and time of the happening of the first recorded individual loss to the Insured as a
result of the Act of Terrorism in question; and an Event shall be taken to arise in the
Period of Insurance in which such period SEVENTY TWO (72) hours commences
notwithstanding that it may extend beyond the time limit of the expiry of the Period of
Insurance.
Hacking
4.
Unauthorised access to any computer or other equipment or component or system or item
which processes stores or retrieves data, whether the Insured’s property or not.
Head/Heads of
Cover
5.
Any of the following types of direct insurance cover
a)
Buildings and completed structures;
b)
Other Insured Property by this Policy;
c)
Business Interruption;
d)
Book Debts
Nuclear Installation
6.
Nuclear Installation means any installation of such class or description as may be
prescribed by regulations made by the relevant Secretary of State from time to time by
statutory instrument, being an installation designed or adapted for:
a)
Other Insured Property by this Policy;
b)
Business Interruption;
c)
the storage, processing or disposal of nuclear fuel or bulk quantities of other
radioactive matter, being matter which has been produced or irradiated in the
course of the production or use of nuclear fuel.
PSI GG 2015 V.1
Page 34
SECTION 4 – TERRORISM INSURANCE
SECTION 4 – TERRORISM INSURANCE
7.
Nuclear Reactor means any plant (including any machinery, equipment or appliance,
whether affixed to land or not) designed or adapted for the production of atomic energy
by a fission process in which a controlled chain reaction can be maintained without an
additional source of neutrons.
Terrorism
8.
Damage occasioned by or happening through or in consequence of an act of persons
acting on behalf of, or in connection with, any organisation which carries out activities
directed towards the overthrowing or influencing, by force or violence, of Her Majesty’s
government in the United Kingdom or any other government de jure or de facto.
Virus or Similar
Mechanism
9.
Virus or Similar Mechanism means program code, programming instruction or any set of
instructions intentionally constructed with the ability to damage, interfere with or
otherwise adversely affect computer programs, data files or operations, whether involving
self-replication or not. The definition of Virus or Similar Mechanism includes but is not
limited to ‘Trojan Horses’, ‘worms’ and ‘logic bombs’.
EXCLUSIONS (Also refer to the exclusions in the Certificate)
The Insurer(s) will not indemnify the Insured any loss arising under any Heads of Cover directly or indirectly caused by
contributed to, by or resulting from or occasioned by or resulting from:
1.
a)
Damage to any computer or other equipment or component or system or item
which processes stores transmits or receives data or any part thereof whether
tangible or intangible (including but without limitation any information or programs
or software) and whether the property of the Insured or not, including
Consequential Loss directly or indirectly caused by or arising from Virus or Similar
Mechanism or Hacking or Denial of Service Attack
or
Consequential Loss directly or indirectly caused by or arising from virus or similar
mechanism or Hacking or Denial of Service Attack.
b)
2.
Riot, civil commotion, war and allied risks defined as war, invasion, act(s) of foreign enemy,
hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection or
military or usurped power.
3.
Damage to any land or buildings which is occupied as a private residence or any part
thereof which is so occupied, unless:
a)
b)
Northern Ireland
Overriding
Exclusion
PSI GG 2015 V.1
chemical, biological or radioactive contamination defined as any loss whatsoever or
any expenditure resulting or arising therefrom or any Consequential Loss directly or
indirectly caused by or contributed to by or arising from:
i)
the radioactive toxic explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof;
ii)
ionising radiation or contamination by radioactivity or from the combustion
of any radioactive material;
iii)
chemical and/or biological and/or radiological irritants contaminants or
pollutants.
the remainder of the building which is not a private residence is insured hereunder;
not insured in the name of an individual.
loss or destruction of or damage to any property in Northern Ireland or loss resulting
therefrom caused by or happening through or in consequence of:
a)
civil commotion
b)
any unlawful, wanton or malicious act committed maliciously by a person or persons
acting on behalf of or in connection with any unlawful association
Page 35
SECTION 4 – TERRORISM INSURANCE
Nuclear Reactor
This overriding Exclusion applies to this Insurance and to any extensions thereof, whether
such extensions be issued before or after this overriding Exclusion except only if an
extension be issued hereafter which expressly cancels this overriding Exclusion
CONDITIONS (Also refer to the conditions in the Certificate)
1.
The insurance provided by this Section is subject to the definitions, conditions and clauses
of the Sections of the Certificate where the Directly Insured Items is otherwise insured
together with the Policy definitions and Policy conditions except:
a)
b)
any provision for the automatic reinstatement of sums Insured;
any Long Term Undertaking;
and providing that if there is conflict between this Section and the rest of the Certificate
this Section shall prevail.
2.
The Insurer(s) will not indemnify the Insured under this Section unless and until the
Insured are issued with a Policy from the Treasury certifying that any loss was caused by
an act of Terrorism as defined in this Section.
3.
If in relation to any Claim the Insured fail to fulfil any of the following conditions the
Insured will lose the right to indemnity or payment for that Claim.
4.
In any action or suit or proceedings where the Insurer(s) allege that the loss is not covered
by this Section the burden and expense of proving that such loss is covered shall be upon
the Insured.
The Insurer(s) is a Pool Reinsurance Company Limited member, Company Registration
number 1110, for all such Insured Property and/or Insured Premises.
PSI GG 2015 V.1
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SECTION 4 – TERRORISM INSURANCE
If the Insurer(s) allege that by reason of this Exclusion, any loss, damage, cost or expense is
not covered by this Insurance the burden of proving the contrary shall be upon the Insured
Robertson Taylor Insurance Brokers Limited and the Insurer(s) are committed to providing an efficient and professional
service to Clients at all times, however we do realise that occasionally things can go wrong. All complaints are taken seriously
and we aim to resolve any issues you may have promptly and fairly.
Complaints, either written or telephoned (whichever you prefer), should be addressed in the first instance to Robertson Taylor
Insurance Brokers Limited and the matter will immediately be brought to the attention of a Director who will deal with the
complaint accordingly, acknowledging within 5 business days the receipt of your complaint, the name of the director dealing with
the complaint and when you can expect to receive a response. In accordance with the FCA’s rules we will aim to conclude our
enquiries and provide you with our final response within 8 weeks.
If the complaint is sufficiently complicated to warrant longer investigation Robertson Taylor Insurance Brokers Limited will advise
you accordingly, informing you of the reasons why the complaint has been unable to be resolved and when you can expect a final
response.
Certificates issued by or on behalf of Lloyd’s
If you are not satisfied with the way a complaint has been dealt with and it concerns the decision of certain Underwriters at Lloyd’s
and you are an individual, a micro-enterprise (a small business with an annual turnover of less than EUR 2,000,000 and less than 10
staff) a charity with an annual income of less than GBP 1,000,000 or a Trustee of a trust with a net asset value of less than
GBP 1,000,000 you may ask Policyholder and Market Assistance at Lloyd’s to review your case without prejudice to your rights in
law. The address is:
Policyholder and Market Assistance,
Lloyd’s Market Services,
One Lime Street,
London, EC3M 7HA
United Kingdom
Telephone: 020 7327 5693
Facsimile: 020 7327 5225
for international calls +44 (0) 20 7327 5693
Email: [email protected]
If you are a business, a charity or a Trustee of a trust which does not meet the above criteria you may contact the manager of the
office of the Insurer(s) that provides the insurance cover who will inform you of their Complaints Procedure.
Robertson Taylor Insurance Brokers Limited will on request provide you with the necessary contact details.
The Financial Ombudsman Service
If, after following the above procedures, your complaint has not been resolved to your satisfaction and you are an individual,
micro-enterprise (a small business with an annual turnover of less than EUR 2,000,000 and less than 10 staff), a charity with an
annual income of less than GBP 1,000,000 or a Trustee of a trust with a net asset value of less than GBP 1,000,000 you have the
right to refer the matter to the Financial Ombudsman Service, at the following address:
Financial Ombudsman Service,
South Quay Plaza
183 Marsh Wall
London
E14 9SR
United Kingdom
Telephone: 0845 0801 800
for international calls +44 (0) 20 7964 1000
The Financial Ombudsman Service will only consider a complaint if you are an eligible complainant and if

Lloyd’s Policyholder and Market Assistance have been given the opportunity to resolve it and

Lloyd’s Policyholder and Market Assistance have sent you a final response letter and

you have referred your complaint to the Financial Ombudsman Service within 6 months of the Lloyd’s Policyholder and
Market Assistance’s final response letter or if they have not responded to your complaint with a decision within 40 days
PSI GG 2015 V.1
Page 37
COMPLAINTS PROCEDURE
COMPLAINTS PROCEDURE
Please always quote your Certificate Number as it will help to deal with your complaint promptly.
PSI GG 2015 V.1
Page 38
COMPLAINTS PROCEDURE
Complaints against Robertson Taylor Insurance Brokers Limited
If your complaint concerns the way Robertson Taylor Insurance Brokers Limited have handled a particular insurance and you
cannot settle your complaint with us and you are an eligible complainant you may refer it to the Financial Ombudsman Service at
the above address.
Whilst the Insurer(s) and Robertson Taylor Insurance Brokers Limited will be bound by the decision of the Financial Ombudsman
Service you are not. Following this complaints procedure will not affect your right to take legal action.
At the time of making a claim you will be asked by Robertson Taylor Insurance Brokers Limited to state the Certificate number and
to provide full details of the claim. You will then need to give to the Insurer(s) in writing via Robertson Taylor Insurance Brokers
Limited full particulars of the claim. When administering claims under this Contract Robertson Taylor Insurance Brokers Limited
can act as Agent for the Insurer(s)
ALL RISKS OF PHYSICAL LOSS OR DAMAGE &/OR MONEY&/OR TERRORISM
(SECTIONS 1,3 and 4)
In the event of any happening likely to give rise to a claim immediate notice must be given to
1.
the Local Broker and/or Agent stated in the Schedule if applicable
2.
Robertson Taylor’s Insurance Brokers Limited Claims Manager, or in his absence, to your usual Account Handler on
Telephone: 020 7510 1234 or for International calls: +44 (0) 20 7510 1234
If the loss occurs outside normal business hours you may leave a voice mail on the above number and Robertson Taylor Insurance
Brokers Limited will get back to you the next working day.
If however the loss occurs outside normal business hours and you have a situation requiring emergency attention help will be
available by you ringing our emergency claims line 07770 273-368 or for international calls +44 (0)7770 273-368.
In these instances professional advice will be given as to the initial steps necessary to pursue the claim and referred on if necessary.
Additionally in the case of theft, loss or malicious damage notice must be given to the local police immediately on the discovery of
such an occurrence or in respect of Money within 48 Hours of the discovery of the loss.
As with any Insurance, the onus rests with you, the Insured, to prove the loss in the event of a claim.
All insurance coverages require that you seek to reduce and mitigate your loss. It is therefore recommended that you should
behave as if uninsured and review all options which may reduce the loss or damage.
COMBINED LIABILITY (SECTION 2)
In the event of any occurrence likely to give rise to a claim immediate notice must be given to:
1.
the Local Broker and/or Agent stated in the Schedule if applicable
2.
Robertson Taylor’s Insurance Brokers Limited Claims Manager, or in his absence, to your usual Account Handler on
Telephone: 020 7510 1234 or for International calls: +44 (0) 20 7510 1234
If the occurrence arises outside normal business hours you may leave a voice mail on the above number and Robertson Taylor
Insurance Brokers Limited will get back to you the next working day.
If however the loss occurs outside normal business hours and you have a situation requiring emergency attention help will be
available by you ringing our emergency claims line 07770 273-368 or for international calls +44 (0)7770 273-368.
In both instances professional advice will be given as to the initial steps to be taken.
Any occurrence which may ultimately give rise to a claim being made against you should be reported at the earliest
opportunity.
The following bullet points should be noted; although this is not an exhaustive list and is for guidance only:
Do not admit liability. If you do so the Insurer(s) may refuse to indemnify you if they feel you have prejudiced their
rights to defend any claim against you.

Obtain the name and addresses of any witnesses to the incident.

If possible take photographs of the area where the incident took place.

Ensure that a first aid report and accident report book entry is made. This is very important.
Failure to comply with the above may lead to the Insurer(s) refusing to indemnify you.
PSI GG 2015 V.1
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CLAIMS NOTIFICATION PROCEDURE
CLAIMS NOTIFICATION PROCEDURE
REGULATION
REGULATION
The Coverholder and the Financial Conduct Authority
Robertson Taylor Insurance Brokers Limited of America House, 2 America Square, London, United Kingdom EC3N 2LU is
authorised and regulated by the Financial Conduct Authority (FCA) in London, registered no. 312307 to arrange and advise
on general insurance contracts. Robertson Taylor Insurance Brokers Limited is also a fully accredited Lloyd’s broker. For
confirmation of our regulatory status please visit the FCA’s website http://www.fca.org.uk.
Robertson Taylor Insurance Brokers Limited is a wholly owned subsidiary company of Entertainment Insurance Partners
Limited, registered office 55 Thornhill Square, London, United Kingdom N1 1BE. Entertainment Insurance Partners Limited
is registered in England, No. 07469237.
When administering business under this Contract Robertson Taylor Insurance Brokers Limited acting as Agent for the
Insurer(s).
The Insurer(s) and/or Managing Agents and The Financial Conduct Authority
ProSight Specialty Underwriters Ltd. Syndicate 1110 at Lloyd’s of Level 7, 3 Minster Court, Mincing Lane, London, EC3R
7DD FS register number is 312636.
Full details of all the above United Kingdom Insurers can be found on the FCA Register by visiting www.fca.org.uk or by
contacting the Financial Conduct Authority at 25 The North Colonnade London E14 5HS. Contact the FCA on 0800 111
6768 or from abroad: 0044 20 7066 1000 from 8am to 6pm, Monday to Friday (except public holidays) and 9am to 1pm,
Saturday or Email: [email protected]
Financial Services Compensation Scheme Notice
Robertson Taylor Insurance Brokers Limited and the Insurer(s) are members of the Financial Services Compensation
Scheme. You may be entitled to compensation from the scheme if Robertson Taylor Insurance Brokers Limited or the
Insurer(s) cannot meet all of their liabilities. The amount of compensation will be equal to 90% of the claim, without any
upper limit. Further Information about the Scheme is available from the Financial Services Compensation Scheme at 10th
Floor, Beaufort House, 15 St Botolph Street London EC3A 7QU and on their website: www.fscs.org.uk.
Data Protection Act
It is necessary for us to collect hold and process data in connection with this contract of insurance. Data may be
processed for some or all of the following purposes: administration, claims management, compliance, customer concern,
handling the detection and prevention of fraud litigation (including arbitration and mediation) and underwriting. As part
of such processing data may be requested from and transferred to insurance intermediaries other insurer’s police forces
professional advisers (ours and yours) regulators re-insurers and other service providers. Data will be processed in
accordance with the Data Protection Act (amended) 2003. In particular it will be processed fairly and securely and will
only be kept for as long as necessary.
Broker Remuneration and Deductions
Robertson Taylor Insurance Brokers Limited is paid commission by the Insurer(s) for arranging this Insurance. This
commission is paid from the premium paid by the Insured. If the Insured wish to have details of the payments received
this information will be provided on request. The Insured will not be required to pay any fees or charges to Robertson
Taylor Insurance Brokers Limited in addition to the premium required.
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REGULATION
The Employers’ Liability Tracing Office
The Employers’ Liability Tracing Office (ELTO) is an independent industry body comprising Insurers, who are licensed in the
United Kingdom to underwrite Employers’ Liability Insurance, and other stakeholders representing the interests of
claimants.
It was set up in April 2010 to be responsible for recording and managing a central database of Employers’ Liability
(“EL)”policies to be known as the Employers’ Liability Database (ELD). This Database will record the majority of EL policies
held by individual employers and make it easier for personal injury claimants who have suffered an employment related
injury or disease arising out of their course of employment in the Kingdom, specifically those who have been exposed to
asbestos or who suffer long-tail injuries, to identify their employer’s previous insurers, enabling them to obtain
compensation where appropriate.
The Database is intended for employers carrying on, or who carried on, business in the United Kingdom and who are
covered by employers’ liability insurance.
Insurers have been required to send details of all new policies and renewals to the ELTO since April 2011. This is so that,
over time, this will build a comprehensive record of EL policies with their associated insurers for UK employers. Claimants
will be able to access this Database via www.elto.org.uk.
It is understood that Primary legislation will be changed to compel insurers to provide information, but until this time, the
Financial Conduct Authority has introduced rules that have been added to the ICOBS (Insurance: Conduct of Business
sourcebook). These are known as the Employers' Liability Insurance: Disclosure by Insurers Instrument 2010 (ELIDII) and
can be found in section 8.4.
The Insurer of this Insurance is a member of ELTO and is fully committed to fulfilling its obligations under ELIDII.
The following information relating to this Insurance will be provided to the ELTO and added to the ELD
• the Certificate number(s)
• employers’ names and addresses (including subsidiaries and any relevant changes of name) insured under this Insurance
• coverage dates
• employer’s reference numbers provided by Her Majesty’s Revenue and Customs (if applicable)
• the type of entity e.g. parent company or subsidiary company
This information will be made available in a specified and readily available form as required under ELIDII. This information
will be subject to regular periodic updating and certification and will be audited on an annual basis.
The Database and the data stored on it may be accessed and used by the injured employee, their appointed
representatives, insurers with potential liability for UK commercial lines employers’ liability insurance cover and any other
persons or entities permitted by law.
By entering into this insurance the Insured will be deemed to have specifically consented to the use of this data in this way
and for these purposes.
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