Not for Profit

General
Liability
Policy

Making a real difference to the way insurance is provided

to the Not for Profit sector

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 1
 Community Underwriting - Our Story

Community Underwriting operates under a unique

business model in the Australian insurance market.

Our story begins over 25 years ago when

the NSW Meals on Wheels Association (now
Meals on Wheels NSW Ltd) assisted a few
member Services that were having difficulty obtaining
Contents insurances at a reasonable cost.

That grew over the next twenty years into a

comprehensive insurance facility assisting over 800
Not for Profits around Australia. In 2014 we created
Important Information 3 a change in the way that the facility provided
insurance to Not for Profit organisations.

Insuring Clauses 5 Today we are an underwriting agency majority owned

by our larger Not for Profit clients, returning our
Automatic Extensions 7 surplus funds back into the sector.

Our 25 year heritage and being uniquely owned

Optional Extensions 8 by the sector gives us a level of knowledge and
empathy that is difficult to match in a
Definitions 9 corporate insurance organisation.

Our business model is tangible proof of this

Exclusions 14
difference. Each year seventy percent of our
surplus is returned to our Not for Profit shareholders as
Conditions 19 donations.

Additional Information 22 A further five percent of our surplus is set aside each
year to fund a small grants program for our non
shareholder clients. Our insurer partners now add
to this grants pool to enable us to expand even
further the number of clients that we are able to
assist.

Join us in making a real difference to the way

insurance is provided in our sector.

Community Underwriting Agency

Unit 24 Waterview Wharf
37 Nicholson Street Balmain East NSW 2014
02 8045 2580
www.communityunderwriting.com.au
[email protected] Community Underwriting Agency Pty Ltd
ABN 60 166 234 715
Insuring Not for Profits - It’s All We Do AFS License No 448274

2
 Important Information
About Community Underwriting You have this duty until We agree to insure You.

Community Underwriting Agency Pty Ltd (Community If You do not tell Us something
Underwriting) acts under a binding authority as Agent
for Berkley Insurance Company trading as Berkley If You do not tell us anything You are required to tell Us ,
Insurance Australia (Berkley Insurance Australia) to issue, We may cancel Your contract or reduce the amount We
vary and cancel policies on Berkley’s behalf. In all aspects will pay You if You make a claim or both.
of this Policy, Community Underwriting acts as an agent
If Your failure to tell Us is fraudulent, We may refuse to
for Berkley Insurance Australia, the Insurer and not for the
pay a claim and treat the contract as if it never existed
Insured.
in accordance with Our rights at law, including under the
About The Insurer Insurance Contracts Act 1984 (Cth).

Berkley Insurance Australia (ABN 53 126 559 706) is part Renewal of Eligible Contracts of Insurance
of the Berkley Group of Companies. Founded in 1967
Your duty of discloure
the Berkley Group of Companies is one of the USA’s
premier commercial lines property and casualty Before you enter into an insurance contract, you have a
insurance providers. Each of the operating units in the duty of disclosure under the Insurance Contracts Act 1984.
Berkley group participates in a niche market requiring
specialised knowledge about a territory or product. If We ask you questions that are relevant to Our
decision to insure You and on what terms, You must tell us
The Berkley Group of companies is led by Berkley anything that You know and that a reasonable person
Corporation, located in Greenwich, Connecticut, USA. in the circumstances would include in answering the
It is listed on the New York Stock Exchange under the questions.
symbol WRB. Member companies of the Berkley Group have
offices across the USA and in the United Also, We may give You a copy of anything that You have
Kingdom, South America, Continental Europe, Australia, previously told Us and ask You to tell us if it has changed.
Singapore and Hong Kong. If We do this, You must tell us about any change or tell Us
that there is no change.
About This Policy
You have this duty until We agree to renew the contract.
This Policy is an important document. It is a legal
contract between you and Us. The Policy wording, the If You do not tell Us something
Schedule and any Endorsements together set out the cover
provided, the amount insured and the terms and If You do not tell us anything You are required to, We may
conditions of Your insurance. cancel Your contract or reduce the amount We will pay
You if You make a claim or both.
Please read it carefully to understand what We cover,
what We exclude, what We pay to settle your claims and If Your failure to tell Us is fraudulent, We may refuse to
other important information. pay a claim and treat the contract as if it never existed
in accordance with Our rights at law, including under the
In issuing this policy We have relied upon information Insurance Contracts Act 1984 (Cth).
provided by you and /or your broker. If this information is
incorrect or you fail to observe the terms and conditions Claims Made Insurance
of this Policy, cover may be denied, reduced or cancelled.
Some of the Insuring Clauses and Extensions to this Policy
The Duty of Disclosure if selected, will be issued on a “claims made and notified
basis”. This means that you are covered for claims made
Your duty of disclosure against you and notified to Us during the Policy Period. It
does not provide cover for:
Before you enter into an insurance contract, you have a
duty of disclosure under the Insurance Contracts Act 1984. • claims arising from an event which occurred
before the “retroactive date” where such a date
If We ask you questions that are relevant to Our is specified in the Schedule;
decision to insure You and on what terms, You must tell us • claims made after the period of cover expires
anything that You know and that a reasonable person (even where the event giving rise to the claim
in the circumstances would include in answering the occurred during the Policy Period);
questions. • claims made, threatened or intimated before the

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 3
 period of cover commenced; By executing the claim form you are indemnifying
• claims arising from facts or circumstances of Community Underwriting and Berkley Insurance
which you first became aware before Australia against any breach that arises directly or
commencement of the Policy and which you indirectly out of any act or omission of your part which
knew or ought reasonably to have known, had does not accord with the conduct required under the
the potential to give rise to a claim under the Privacy Act 1988.
policy or any previous policy.
Direct Marketing:
Privacy
We do not disclose personal information that We collect
Community Underwriting and Berkley Insurance Australia to a third party for the purpose of allowing them to direct
seek at all times to comply with the Privacy Act 1988 and market their products and services unless you have given
the Australian Privacy Principles therein. If We disclose Us Your permission for Us to do this.
personal information to you for any reason you must also
act in accordance with and comply with the terms of the Cross Border:
Privacy Act and the Australian Privacy Principles.
We will share your personal information with the
Purpose for collection of information: Community Underwriting and the Berkley group of
companies. Our data containing your information is
The information contained in this document and any stored in our data centre using dedicated hardware and
other documents provided to Us will be dealt with in network. We may also use Saas, Cloud computing or other
accordance with our respective Privacy Policies. technologies from time to time and your information may
Disclosure of Information that you provide to Us: be stored outside Australia. We will not transfer personal
information to a recipient in a foreign country unless We
Community Underwriting and Berkley Insurance
have appropriate protections in place as required by the
Australia will only use the information in accordance with
relevant privacy laws. Your information will be stored on
the terms of the Privacy Policies. Without limiting the
Our data base for such period of time as required by law.
application of the Policy Comunity Underwriting and
Berkley Insurance Australia may disclose personal Further information
information to other individuals or organisations in
connection with your claim, including legal advisors, If you would like further information, please review
other parties, other lawyers, experts and our full Privacy Policy on Our website or if you have any
witnesses, courts and tribunals and other organisations complaints or concerns over the protection of the
that need to be involved in the matter. By submitting your information you have given to Us or that We have
notification and continuing to deal with collected from others, contact the National Head of Claims
Us you consent to Community Underwrit- at the Sydney address listed below or alternatively send
ing and Berkley Insurance Australia and these an email to [email protected].
parties collecting, using and disclosing personal and
sensitive information about you for these purposes. By Berkley Insurance Australia - Level 7, 321 Kent Street
signing the claim form you are consenting to the above. Sydney NSW 2000
Ph: 02 9275 8500 / Fax: 02 9261 2773
You warrant to Us that where you provide Us with Email: [email protected]
personal information that you have collected from other Web site: www.berkleyinaus.com.au
individuals:
Complaints
• that the information has been collected in
accordance with the Privacy Act 1988. Any enquiry or complaint relating to this insurance should
• that We are authorised to receive that in the first instance be referred to:
information from you and to use it for the
Complaints Manager, Community Underwriting Agency
purpose of providing legal claims management
Pty Ltd P.O. Box 173, Balmain NSW 2041
services and advice.
• you, and the person who provided you with the If this does not resolve the matter or you are not satisfied
information, are aware and have complied with the way a complaint has been dealt with, you should
with the Privacy Act 1988 and have notified the contact:
person about whom the personal information is
collected of the collection use and disclosure of The National Head of Claims, Berkley Insurance Australia
such information. P.O Box Q296, QVB Sydney NSW 1230.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 4
 Insuring Clauses
The Cover property of any person or party, including
temporary repairs, shoring up and/or
We agree (subject to the terms, conditions, exclusions, underpinning thereof;
definitions and Limits of Liability incorporated herein) to c. purchasing and/or hiring and/or erection and
pay to You or on Your behalf all amounts which You shall dismantling of hoarding, barriers, fences and any
become legally liable to pay as Compensation in respect other form of temporary protection,
of: including such protection which You must
provide in compliance with the requirements
1. Personal Injury; and/or of any Government, Local Government or other
2. Property Damage; and/or Statutory Authority;
3. Advertising Injury;
5. pay all legal costs incurred by You with Our written
happening during the Period of Insurance within the consent for representation of You at:
Geographical Limits and caused by or arising out of an
Occurrence in connection with Your Business. a. any Coronial inquest or Inquiry;
b. any proceedings in any court, tribunal, inquiry,
Defence Costs and Supplementary Payments prosecution, hearing, commission, committee,
board or authority in connection with liability
In addition to Our liability to pay to You or on Your behalf insured against by this Policy.
under this Policy, We will:
6. pay premiums on any bonds and/or security for costs
1. defend, in Your name and on Your behalf, any claim required in any legal proceedings, but we shall have
or legal proceedings against You alleging such no obligation to apply for or furnish any such bonds
Personal Injury, Property Damage or Advertising and/or security for costs.
Injury and seeking damages on account thereof even
if any of the allegations of such claim or legal The amounts of such defence costs and supplementary
proceedings is groundless, false or fraudulent; payments incurred, except payments in settlement of
claims and legal proceedings, are payable by Us in addi-
2. pay all charges, expenses and legal costs incurred by tion to the applicable Limit of Liability of this Policy.
Us and/or by You with Our written consent (which
consent will not be unreasonably withheld): However, in respect of any claims or suits originating
in any court in North America, the applicable Limit of
a. in the investigation, defence or settlement of Liability shown in the Schedule shall be inclusive of all
such claim or legal proceedings, including loss of defence costs and supplementary payments.
salaries or wages because of Your attendance at
hearings or trials at Our request; or Where We are prevented by law or otherwise from
b. in bringing or defending appeals in connection making payments on Your behalf, We will indemnify You
with such claim or legal proceedings; for legal liability incurred to the extent that such liability is
covered by this Policy.
3. pay all charges, expenses and legal costs recoverable
from or awarded against You in any such claim or In jurisdictions where We may not legally be permitted to,
legal proceedings and all interest accruing on Our or cannot for any other reason, defend any claim or legal
portion of any judgment until We have paid, proceeding against You, We will reimburse You for the ex-
tendered or deposited in court that part of such pense of such defence incurred with Our written consent
judgment which does not exceed the limit of Our
liability thereon; Limits of Liability and Excess

4. pay expenses incurred by You for: Subject to:

a. rendering first aid and/or surgical and/or a. the ‘Claim preparation expenses’ provision under
medical and/or therapeutic relief to others at ‘Conditions’;
the time of any Personal Injury (other than any b. the ‘Defence costs and supplementary payments’
medical expenses, which We are prevented from clause above;
paying by any law); c. item 4 of Additional Benefit ‘Property in Your
b. temporary protection of damaged or undamaged physical and legal control’ below;

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 5
The Limit of Liability specified in the Schedule represents
the maximum amount which We shall be liable to pay in
respect of any one claim or series of claims arising out of
any one Occurrence.

For Products Liability the Limit of Liability specified in the

Schedule represents the maximum amount which We
shall be liable to pay in respect of any one claim or series
of claims arising out of any one Occurrence, and in the
aggregate during any one Period of Insurance.

The applicable Limit of Liability will not be reduced by the

amount of any Excess payable by You.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 6
 Automatic Extensions
We will provide the following cover, provided always that: Schedule for Property in Your Care Custody or
Control, in respect of any one claim or series of
a. the cover provided by each Automatic Extension is claims arising out of any one Occurrence.
subject to the Schedule, insuring clauses, conditions,
exclusions, definitions and any other terms of the 2. Claims Preparation Costs
policy (unless otherwise expressly stated); and
b. the inclusion of any automatic extension will not In addition to the Limit of Liability provided by this
increase the Limit of Liability. Where a sub-limit is Policy, We will pay up to $50,000 in respect of each claim
stated in respect of any automatic extension, such under this Policy for reasonable professional fees and
sub-limit shall form part of and not be in addition to such other expenses incurred by You for the preparation
the Limit of Liability. of the claim under this Policy.

1. Property in Your physical and legal control 3. Clients in Care

Exclusion 23 will not apply to the following property: The definition of Named Insured extends to include any
permanent resident of a care facility managed by or
1. premises or part(s) of premises (including their operated as part of Your Business but only to the extent
contents) leased or rented to, or temporarily that they do not have any other effective insurance in
occupied by, You for the purpose of Your Business, place.
but no cover is provided by this Policy if You have
assumed the responsibility to insure such premises; 4. Member to Member Liability

2. a. premises (and/or their contents) temporarily The cover provided by this Policy extends to include any
occupied by You for the purpose of carrying out claim or legal proceeding against any member of the
work in connection with Your Business; or Insured made by another member arising out of an
Occurrence in connection with the business.
b. any other property temporarily in Your
possession for the purpose of being worked 5. Public Relations Expenses
upon
The cover provided under this Policy extends to include
up to $100,000 any one occurrence or series of occurrenc-
however no cover is provided by this Policy in
es for any reasonable public relation costs and expenses
respect of physical damage to, destruction of or
incurred with Our prior written consent (not to be
loss of that part of any property upon which You
unreasonably withheld or unreasonably delayed) in the
are working where the loss arises directly from the
design and implementation of a publicity campaign to
performance of such work;
limit the adverse effects or negative publicity on an
Insured as a result of any claim or series of claims covered
3. any Vehicle (including its contents, spare parts and
under this Policy.
accessories while they are in or on such Vehicle) not
belonging to or used by You, whilst any such Vehicle
Where an Insured has also arranged an Association
is in a car park owned or operated by You provided
Liability Policy with Us, the benefit provided will not be
that You do not operate the car park for reward, as a
cumulative of any cover provided by that Policy under
principal part of Your Business;
Insuring Clause 1.1.7 Crisis Consultancy Expenses or
Automatic Extension 2.4 Public Relations Expenses.
4. the personal property, tools and effects of any of
Your directors, partners, proprietors, officers,
6. Workplace Trauma
executives, committee members, volunteers or
Employees, or the clothing and personal effects of The cover provided under this Policy extends to include
any of Your visitors; up to $10,000 any one occurrence or series of
occurrences for any services provided by a suitably
5. any property not mentioned in clauses 1), 2), 3) and specialised independent medical professional to any
4) of this additional benefit whilst in Your physical or director, executive, committee member, Employee,
legal care, custody or control where You have voluntary worker, member of the organisation or
accepted or assumed legal liability for such property. member of the general public that have witnessed a
Provided that Our liability under this clause 5) shall traumatic and unexpected death or significant injury of a
not exceed $250,000 or the amount stated in the person on Your premises or in Your care.
Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 7
Where an Insured has also arranged a Voluntary Workers
Personal Accident Policy with Us, the benefit provided
will not be cumulative of the cover provided by that
Policy under Additional Benefit 3.14 Workplace Trauma.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 8
 Optional Extensions
The following Optional Extensions are only applicable to i. where the Claim is first made against You and
this Policy if the Schedule shows You have elected this notified to Us during the Period of Insurance; and
Optional Extension and paid any additional premium ii. where the Occurrence happened prior to the
required by Us. inception date of Your first Policy with Us that has
included this Optional Extension; and
1. Molestation iii. where the Occurrence happened after the
Retroactive Date specified in the Schedule; and
a. Exclusion 19 (Molestation) of this Policy does not iv. happening within the Geographical Limits in
apply to any liability arising out of or in connection connection with Your Business.
with the Molestation of any person provided that
You had in place the necessary protocols required by We will not pay compensation under this Optional
legislation to limit or prevent such Molestation; Extension in respect of any Claim:

b. Our liability under this clause shall not exceed any 1. where there was no “claims made” insurance in
specific Molestation sublimit shown in the Schedule place at the time of the Occurrence that has given
for any one Occurrence and for all claims during the rise to the Claim; and/or
Period of Insurance in the aggregate; and 2. for which indemnity is available from previous
insurers; and/or
c. this Extension only applies to Your vicarious liability 3. which You were aware of prior to inception of this
and does not apply to any individual Insured involved policy or which You or a reasonable person would
in or causing or assisting in the Molestation of any have considered at any time prior to the inception
person. of this Policy may have resulted in a claim under the
previous “claims made” insurance.
However, we will not pay compensation where:
3. Compensation for Temporary Staff Costs
I. the Molestation is committed with Your consent or
through deliberate neglect on Your part; The cover provided under this Policy extends to
II. Molestation is committed by You against any include the reimbursement of any employment costs
director, executive officer, employee or volunteer; (recruitment fees, wages, salaries, fees or benefits) to
III. You knew or ought reasonably to have known that replace an existing Employee that has been stood down
the perpetrator of the Molestation had previously: whilst being investigated for allegations of Molestation
for which indemnity may be provided under Optional
1. committed Molestation; and/or Extension
2. been convicted of Molestation; and/or
3. whilst being a director, executive officer, However, we will not pay compensation under this
employee or volunteer of Yours, been the Optional Extension:
subject of a prior complaint in respect of
Molestation which had not been appropriately 1. If Optional Extension 1 has not been elected by the
investigated by You. Insured;
2. If indemnity would not be provided under Optional
2. Prior Acts Claims Made Coverage Extension 1;
3. After the Employee is no longer being paid by You;
Where You have previously arranged insurance for 4. For a period longer than 6 months; and
Personal Injury and/or Property Damage that provided 5. For an amount in excess of $50,000 any one claim.
indemnity on a “claims made” basis, then We will
pay to You or on Your behalf all amounts which You The Excess applicable to this Extension will be the Excess
shall become legally liable to pay as Compensation in shown in the Policy Schedule for Optional Extenion 1.
respect of: Molestation.

a. Personal Injury; and/or

b. Property Damage;

for any Claim which is caused by or arising out of an

Occurrence:

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 9
 Definitions
The following definitions shall apply to all sections of this e. the provision of any sponsorships, charities, galas,
Policy. first aid, medical, ambulance or fire fighting service
by You or on Your behalf;
“Accidental” means unexpected and unintended from f. the provision and/or management of any canteen,
Your standpoint. social and/or sporting clubs or educational, welfare
and child care facilities by You or on Your behalf,
“Advertising Injury” means injury arising out of: which are primarily for the benefit of Your
Employees;
a. libel, slander or defamation; or g. any prior operations or activities which have ceased
b. any infringement of any patent, copyright or passing or have been disposed of but for which You may
off of title, logo, slogan, design or trademark; or retain a legal liability and You have disclosed this
c. unfair competition, piracy, misappropriation of information to Us.
advertising ideas or style of doing business; or
d. invasion of privacy; or “Claim” means:
e. any breach of the misleading or deceptive conduct
provisions of any consumer protection legislation or i. a written demand for monetary damages;
similar legislation of any country, state or territory; ii. a civil proceeding commenced by the service of a
complaint, summons, statement of claim or similar
committed or alleged to have been committed during pleading;
the Period of Insurance in any advertisement, publicity iii. a criminal proceeding commenced by a summons or
article, email, internet, broadcast, exhibit or telecast and charge; or
caused by or arising out of Your advertising activities or iv. a formal administrative or regulatory proceeding
any activities conduced on Your behalf. commenced by the filing of a notice of charges,
formal investigative order or similar document.
“Aircraft” means any craft or object designed to
travel through air or space, other than model aircraft “Compensation” means monies paid or agreed to be
or unmanned inflatable balloons used for advertising or paid by judgment, award or settlement for Personal
promotional purposes. Injury and/or Property Damage and/or Advertising Injury.
Provided that such Compensation is only payable in
“Asbestos” means crocidolite, amosite, chrysotile, respect of an Occurrence to which this insurance applies.
fibrous actinolite, fibrous anthophyllite, or fibrous
tremolite or any mixture or derivative containing any of “Computer System” means an information technology
those minerals, or dust, fibres or particles of any of those system made up of a network of one or more items of
materials. computer hardware or software and the electronic data
stored thereupon, that share a central storage system
“Australia” means the Commonwealth of Australia and various peripheral devices that are proprietary to or
including any of its dependencies and Territories. licensed to the Insured.

“Business” means the business(es) shown and “Electronic Data” means facts, concepts and
described in the Schedule, including the ownership and/or information converted to a form useable for
tenancy of any premises shown in the Schedule (and, where communications, display, distribution, interpretation
applicable, as further described in any more specific or processing by electronic or electromechanical data
underwriting information provided to Us at the time when processing or electronically-controlled equipment.
this insurance was negotiated) and shall also include:
“Employee” means any person who is employed by You
a. private work undertaken by any Employee or and/or in respect of whom You are required to have cover
voluntary worker for any director, officer or for workers Compensation or similar cover by any workers
executive; Compensation legislation.
b. participation in or the provision by You or on your
behalf of any exhibition, conference, performance, “Employment Practices” means any wrongful or
festival, fete, educational, social or fund raising event unfair dismissal, denial of natural justice, defamation,
(subject to exclusion 10 contained in this Policy); misleading representation or advertising, harassment
c. the hire or loan of plant and/or equipment to other or discrimination in respect of Your Employees or any
parties; prospective employee.
d. conducted tours of Your premises;

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 10
“Endorsement” means documentary evidence of an natural gas, air, steam, water, sewerage reticulation
alteration to this Policy. control systems, waste disposal facilities, telephone
and communication services or other essential
“Excess” the first amount of each claim or series of claims, services, except those contracts in connection with
arising out of any one Occurrence, for which You are work done for such authorities or entities;
responsible. The Excess applicable to this insurance c. any written contract with any railway authority for
appears in the Schedule. The Excess applies to all amounts the loading, unloading and/or transport of Products,
for which We will be liable, including the indemnity including contracts relating to the operation of
provided under the heading Defence Costs and railway sidings;
Supplementary Payments. d. any written contract, warranty or agreement to
indemnify or not to seek contribution, recovery or
“General Liability” means Your legal liability in respect indemnity from a statutory authority, government
of Personal Injury, Property Damage or Advertising agency or government department, provided that
Injury caused by or arising out of an Occurrence such agreement relates to any funding
happening in connection with Your Business other than arrangements or the provision of goods, services or
Products Liability. facilities as part of Your Business;
e. those contracts designated in the Schedule.
“Geographical Limits” means anywhere in the world,
except North America where this section of this Policy will “Limit of Liability” means the amount specified in the
only apply in respect of: Schedule next to the heading Limit of Liability.

a. Products exported to North America without Your “Medical Professional” means any medically qualified
knowledge; and/or doctor including but not limited to anaesthesiologists,
b. travelling directors, partners, officers, executives, radiologists, pathologists, surgeons, cardiologists,
committee members, volunteers or Employees of the general practitioners and obstetricians. Medical
Insured whose normal place of residence is outside Professional also extends to include student doctors,
North America and who are not undertaking manual medical interns, dentists and midwives.
work or supervision of work in North America.
“Medical Services” means:
“Good Samaritan Act ” means assisting at the scene of
a medical emergency, accident or disaster by the Insured a. any treatment carried out under general
or any Named Insured present either by chance, or in anaesthesia;
response to an S.O.S. call following a disaster or b. any dental services or treatment;
accident whilst at or in transit to or from the address of the c. any procedures connected with weight loss,
Business, provided however that the Insurer shall not be sterilisation, childbirth or provision of midwife
liable where the employee was acting at the time under services.
a contract of employment with any employer other than
the Insured. “Molestation” means any abuse of a sexual nature,
indecent exposure or sexual misconduct, whether or not
“Hovercraft” means any vessel, craft or device made such act is the subject of a criminal investigation.
or intended to float on or in or travel on or through the
atmosphere or water on a cushion of air provided by a “Named Insured” means:
downward blast.
a. the person(s), corporations and/or other
“Insured Amount” means the maximum amount that will organisations specified in the Schedule;
be paid under a section or part of a section of this Policy b. all existing subsidiary and/or controlled
as specified in the Schedule. corporations (including subsidiaries thereof)
of the Named Insured incorporated in Australia and/
“Incidental Contracts” means: or any other organisations under the control of the
Named Insured;
a. any written rental agreement or lease and/or hire of c. all subsidiary and/or controlled corporations
real or personal property not requiring an obligation (including subsidiaries thereof) of the Named Insured
to insure such property; and/or any other organisations under the control
b. any written contract with any authority or entity of the Named Insured incorporated in Australia and
responsible for the supply of electricity, fuel, gas, which are constituted or acquired by the Insured

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 11
 after the commencement of the Period of Insurance; of privacy, unless arising out of Advertising Injury;
d. every Subsidiary Company and/or controlled e. assault and battery including use of force not
corporation and/or other organisation of the Named committed by You or at Your direction, unless
Insured which is divested during the Period of committed for the purpose of preventing or
Insurance, but only in respect of claims made against eliminating danger to persons or property.
such divested subsidiary or controlled corporation or
organisation caused by or arising out of Occurrences In the event of Personal Injury claims arising from latent
insured against by this Policy, which occurred prior to injury, latent sickness, latent disease, latent illness or
the date of divestment. latent disability; such injury, sickness, disease, illness or
disability in respect of each claim shall be deemed to have
“North America” means: occurred on the day such injury, sickness, disease, illness
or disability was first medically diagnosed.
a. the United States of America and Canada;
b. any state, territory or protectorate incorporated in, “Policy” means this document, the Schedule and any
or administered by, the United States of America or Endorsement or memoranda affixed and any future
Canada; and documents issued to You which amends the Policy
c. any country or territory subject to the laws of the wording or Schedule. Together they form the insurance
United States of America or Canada. contract.

“Occurrence” means an event, including continuous “Pollutants” means any solid, liquid, gaseous or thermal
or repeated exposure to substantially the same general irritant, including but not limited to smoke, vapour, soot,
conditions, which results in Personal Injury and/or fumes, acid, alkalis, chemicals or waste. Waste includes
Property Damage and/or Advertising Injury that is neither but is not limited to material to be recycled, reconditioned
expected nor intended (except for the matters set out in or reclaimed.
item e) of the definition of ‘Personal Injury’) from Your
standpoint. “Products” means anything manufactured,
constructed, erected, assebled, installed, grown, extracted,
With respect to Personal Injury or Property Damage, all produced or processed, treated, altered, modified,
events of a series consequent upon or attributable to repaired, serviced, bottled, labelled, handled, sold,
one source or original cause shall be deemed to be one supplied, re-supplied or distributed, imported or
Occurrence. exported, by You or on Your behalf (including Your
predecessors in Your Business), including any labels,
All Advertising Injury arising out of the same packaging or containers thereof, including the design,
injurious material or act (regardless of the frequency or formula or specification, directions, markings,
repetition thereof, the number and kind of media used, instructions, advice or warnings given or omitted to be
or the number of claimants) shall be deemed to be one given in connection with such Products and anything
Occurrence. which, by law or otherwise, You are deemed to have
manufactured in the course of Your Business including
“Period of Insurance” means the time cover commenc- discontinued Products.
es to the time cover expires. The dates are shown on the
current Schedule. Unless stated otherwise, cover shall Provided always that for the purpose of this insurance the
expire at 4.00 pm local time at the place where You term ‘Products’ shall not be deemed to include:
arranged the cover.
a. food and beverages supplied by You or on Your
“Personal Injury” means: behalf primarily to Your Employees as a staff benefit;
b. any vending machine or any other property rented to
a. bodily injury, death, sickness, disease, illness, or located for use of others but not sold by You.
disability, shock, fright, mental anguish and/or
mental injury, including loss of consortium or and any claims made against You in respect of
services resulting therefrom; Personal Injury and/or Property Damage arising out of any
b. false arrest, false imprisonment, wrongful detention, Occurrence in connection therewith shall be regarded as
malicious prosecution or humiliation; General Liability claims hereunder.
c. wrongful entry or wrongful eviction from or other
invasion of right to private occupancy of property; “Products Liability” means Your legal liability in respect
d. libel, slander or defamation of character or invasion of Personal Injury and/or Property Damage caused by

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 12
or arising out of any Products or the reliance upon a “Software” means programs, procedures and
representation or warranty made at any time with respect routines associated with the operation of electronic or
to such Products; but only where such Personal Injury and/ electromechanical data processing or electronically
or Property Damage occurs away from premises owned or controlled equipment, including any operating system.
leased by or rented to You and after physical possession of
such Products has been relinquished to others. “Subsidiary Company” means any company in which
You have a controlling interest. For the purpose of this
“Property Damage” means: definition the term ‘controlling interest’ shall mean the
beneficial ownership of shares carrying more than 50%
a. physical loss, destruction of or damage to tangible of votes capable of being cast at a general meeting of all
property, including the loss of use thereof at any time shareholders of the company.
resulting therefrom; and/or
b. loss of use of tangible property which has not been “Terrorism” means an act including but not limited to the
physically lost, destroyed or damaged; provided use or threat of force or violence by any person or group(s)
that such loss of use is caused by or arises out of an of persons, whether acting alone or on behalf of or in
Occurrence. connection with any organisation(s) or government(s)
which from its nature or context is committed for or in
“Retroactive Date“ means the date shown in the connection with any political, religious, ideological, ethnic
Schedule as the Retroactive Date: or similar purposes or reasons, including the intention to
influence any government and/or to put the public or any
a. unlimited retroactive cover – if no Retroactive section of the public in fear.
Date is specified in the Schedule or if the
Retroactive Date is specified in the Schedule as “Tool of Trade” means a Vehicle that has tools,
“Unlimited”, this Policy will provide indemnity implements, machinery or plant attached to or towed
in respect of Claim arising from acts errors or by the Vehicle and is being used by You at Your premises
omissions committed or alleged to have been or on any Work Site. Tool of Trade does not include any
committed irrespective of when such acts, errors Vehicle whilst travelling to or from a Work Site or Vehicles
or omissions were committed (or were alleged that are used to carry goods to or from any premises.
to have been committed).
b. limited retroactive cover – where a Retroactive “Vehicle” means any type of machine on wheels or on
Date is specified in the Schedule, then this Policy self-laid tracks made or intended to be propelled by oth-
shall only provide indemnity in respect of Claims er than manual or animal power, and any trailer or other
arising from acts, errors or omissions committed attachment to be utilised in conjunction with or drawn by
or alleged to have been committed after the any such machine.
Retroactive Date.
“Watercraft” means any vessel, craft or thing made or
“Schedule” means the most current Schedule of intended to float on or in or travel through water, other
Insurance or any future renewal Schedule, including any than model boats.
Endorsements issued by Us in connection with this Policy.
“We”, “Us“, “Our“ means Community Underwriting
“Social Engineering Fraud” means any fraudulent or Agency Pty Limited (ABN 60 166 234 715 AFS License No
dishonest instruction to the Insured or its agents which 448274) as agent for Berkley Insurance Australia (ABN 53
purports to be from a legitimate or trusted source 126 559 706).
authorised to make such instruction and which results in
the Insured: “Work Site” means any premises or site where any work
is performed for and/or in connection with Your Business
a. transferring, paying or delivering any money or together with all areas surrounding such premises or site
securities from an account maintained by the and/or all areas in between such premises or site that You
Insured to another person or entity; shall use in connection with such work.
b. transferring or delivering any property to
another person or entity;
c. revealing confidential information; or
d. changing or altering bank account or payment
details of any person or entity.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 13
“You”, “Your”, “Yours” and “Insured” and/or child care facilities, while acting in their
respective capacities as such;
Each of the following is an Insured to the extent specified
below: g. any director, partner, proprietor, officer,
committee member or executive of the Named
a. the Named Insured; Insured in respect of private work undertaken by the
Named Insured’s Employees or volunteers for such
b. every past, present or future director, stockholder or person and any Employee or volunteer whilst
shareholder, partner, proprietor, officer, executive, actually undertaking such work;
committee member, Employee or voluntary worker
of the Named Insured (including the spouse of any h. the estates, legal representatives, heirs or assigns of:
such person while accompanying such person on any
commercial trip or function in connection with Your i. any deceased or insolvent persons; or
Business), or work experience persons or volunteers ii. persons who are unable to manage their own
while such persons are acting for or on behalf of the affairs by reason of mental disorder or
Named Insured and/or within the scope of their incapacity;
duties in such capacities;
who would otherwise be indemnified by this Policy, but
c. any Employee superannuation fund or pension only in respect of liability incurred by such persons as
scheme managed by or on behalf of the Named described in clauses h i) and h ii) above;
Insured, and the trustees and the directors of the
trustee of any such Employee superannuation fund i every party including joint venture companies and
or pension scheme which is not administered by partnerships to whom the Named Insured is
corporate fund managers; obligated by virtue of any contract or agreement to
provide insurance such as is afforded by this Policy;
d. every principal in respect of the principal’s liability but only to the extent required by such contract or
arising out of: agreement and in any event only for such coverage
i. the performance by or on behalf of the Named and limits of liability as are provided by this Policy;
Insured of any contract or agreement for the
performance of work for such principal, but only j. any executive or employee engaged under an
to the extent required by such contract or outsourced consulting contract whilst acting for or
agreement and in any event only for such on behalf of the Named Insured and/or within the
coverage and limits of liability as are provided by scope of their duties in such capacities.
this Policy;
ii. any Products sold or supplied by the Named “Your Business” means the business as described in the
Insured, but only in respect of the Named Schedule (and, where applicable, as further described in
Insured’s own acts or omissions in connection any more specific underwriting information provided to
with such Products and in any event only for Us at the time when this insurance was negotiated) and
such coverage and limits of liability as are shall include:
provided by this Policy;
a. the ownership of premises and/or the tenancy
e. every person, corporation, organisation, trustee or thereof by You;
estate to whom or to which the Named Insured is b. the provision of any sponsorships, charities, galas,
obligated by reason of law (whether written or first aid, medical, ambulance or fire fighting service
implied), agreement or permit to provide insurance by You or on Your behalf;
such as is afforded by this Policy, but only to the c. private work undertaken by Your Employees for any
extent required by such law, agreement or permit of Your directors, partners, proprietors, officers or
and in any event only for such coverage and limits of executives;
liability as are provided by this Policy; d. the provision of any canteen, social and/or sporting
clubs or welfare and/or child care facilities by You or
f. every officer, member, Employee or voluntary on Your behalf, which are primarily for the benefit of
helper of the Named Insured’s canteen, social and/or Your Employees.
sporting clubs, residents committees or associations,
first aid, medical, ambulance or fire fighting services,
charities, educational, resident associations, welfare

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 14
 Exclusions
We do not cover any liability: 6. Breach of Professional Duty

1. Advertising Injury arising out of any breach of duty owed in a professional

capacity by You and/or any person(s) for whose
for Advertising Injury: breaches You may be held legally liable. Provided that
this exclusion 6 shall not apply to claims for Personal
a. resulting from statements made at Your direction Injury and/or Property Damage:
with knowledge that such statements are false;
b. resulting from failure of performance of contract but a. arising out of advice which is given by You for no fee;
this exclusion shall not apply to claims for b. arising out of the rendering of or failure to render
unauthorised appropriation of advertising ideas medical or non medical care or treatment by any
contrary to an implied contract; Insured Person other than a Medical Professional;
c. resulting from any incorrect description of Products c. arising out of advice given in respect of the use or
or services; storage of Your Products; or
d. resulting from any mistake in advertised price of d. where you are legally liable under Optional
Products or services; Extension 2 Prior Acts Coverage.
e. resulting from failure of the Insured’s Products or
services to conform with advertised performance, 7. Medical Services
quality, fitness or durability; or
f. incurred by any Insured whose principal occupation arising out of any activities conducted by a Medical
or business is advertising, broadcasting, publishing or Professional or in connection with the provision of any
telecasting. Medical Services. Provided that this exclusion 7 shall
not apply to claims for Personal Injury and/or Property
2. Aircraft or Hovercraft Damage:

arising from: i. arising out of the rendering of or failure to

render medical or non medical care or treatment by
a. the ownership, maintenance, operation, or use by any Insured Person other than a Medical
You of any Aircraft or Hovercraft; Professional;
b. any property used for the purpose of an airport or ii. arising out of or in connection with any Good
any Aircraft landing strip other than in respect of any Samaritan Act;
privately owned landing strip. iii. for Your vicarious liability arising from the
employment or engagement of any Medical
3. Aircraft Products Professional; or
iv. where you are legally liabile under Optional
arising out of any Products which an insured person Extension 2 Prior Acts Coverage.
knew or has reasonable cause to believe would be or is
intended for incorporation into any critical part, the 8. Contractual Liability
structure, machinery or controls of any Aircraft.
which has been assumed by You under any contract or
agreement that requires You to:
4. Alterations, Additions and Construction
a. effect insurance over property, either real or
arising from or in any way connected to any construction,
personal;
erection or demolition work other than such work under-
b. assume liability for Personal Injury and/or Property
taken by You or on Your behalf where the total amount of
Damage and/or Advertising Injury regardless of fault;
all work is less than $500,000.
provided that this exclusion shall not apply with
5. Asbestos regard to:
directly or indirectly caused by, arising from or in any way i. liabilities which would have been implied by law
connected to inhalation of or fears of the consequences in the absence of such contract or agreement; or
of exposure to or inhalation of Asbestos. ii. liabilities assumed under Incidental Contracts; or
iii. terms regarding merchantability, quality, fitness
or care of Your Products which are implied by law
or statute; or
Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 15
 iv. liabilities assumed under the contracts 11. Events
specifically designated in the Schedule or in any
endorsement(s) to this Policy. for Personal Injury and/or Property Damage arising
directly or indirectly out of or in connection with the
9. Damage to Products organisation, promotion, coordination, supervision and/
or operation by You or on Your behalf of any form of
for Property Damage to any Products where such exhibition, conference, performance, festival, fete,
damage is directly caused by a fault or defect in such educational, social or fund raising event which involvess:
Products; but this exclusion shall be interpreted to
apply with respect to damage to the specific part and only a. more than 100 people estimated to be in
that part of such product to which the damage is directly attendance at an event held on your premises: or
attributable. b. more than 500 people estimated to be in attendance
at an event held in commercially operated premis-
10. Employers Liability es such as a club, restaurant, conference centre or
theater; or
a. for Bodily Injury to any Worker in respect of which c. an event which is not held in commercially operated
You are or would be entitled to indemnity under any premises as described above;
policy of insurance, fund, scheme or self-insurance d. the supervision and/or operation of any form or type
pursuant to or required by any legislation relating of firework / pyrotechnic display, amusement ride,
to workers compensation or accident compensation mechanical ride, animal ride, inflatable
whether or not such policy, fund, scheme or amusement and/or any similar type of amusement
self-insurance has been effected. unless such supervision and/or operation is
contracted to an independent person or entity for
Provided that this Policy will respond to the extent the hire of such devices and you have obtained and
that Your liability would not be covered under any retained current evidence of insurance from that
such policy, fund, scheme or self-insurance person or entity that they hold a Public Liability
arrangement had You complied with its obligations insurance policy with a minimum limit of indemnity
pursuant to such law. of $10,000,000 any one occurrence.

b. Imposed by: 12. Faulty Workmanship

i. the provisions of any industrial award or for the cost of performing, completing, correcting or
agreement or determination or any contract of improving any work undertaken by You other than
employment or workplace agreement where any liability to pay compensation for damage to other
such liability would not have been imposed in property resulting from such work.
the absence of such industrial award or
agreement or determination or contract of 13. Fines, Penalties, Punitive, Exemplary or
employment or workplace agreement; Aggravated Damages
ii. any law relating to Employment Practices.
for any fines, penalties, punitive, exemplary or
c) For the purpose of exclusions 10 a) and 10 b): aggravated damages or damages resulting from the
multiplication of compensatory damages.
i. the term ‘Worker’ means any person who is
employed by You or who is deemed to be 14. Hazardous Activities
employed by You pursuant to any Workers
Compensation Law. Voluntary workers, to any person who is actually participating in any
secondees and work experience students (if any) performance, sport, game, trial, rally, contest or display
shall not be deemed to be Your Workers. involving:
ii. the term ‘Bodily Injury’ means bodily injury,
death, sickness, disease, illness, disability, shock, a. aerial activities including hot air ballooning, gliding,
fright, mental anguish and/or mental injury, hang gliding, parachuting, base jumping or bungee
including loss of consortium or services resulting jumping;
therefrom. b. winter snow sports other than skiing;
c. other extreme sports or activities including paintball
/ skirmish games, outdoor rock climbing, abseiling,

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 16
 canyoning, caving, white water rafting or kayaking, 18. Loss of Use
jet skiing;
d. motor racing, rallies or speed trials, off-road four for loss of use of tangible property, which has not been
wheel driving, trail bike riding or use of quad bikes, physically lost, destroyed or damaged, directly arising out
e. horse jumping or rodeo equestrian activities; of:
f. the use of fire arms or pyrotechnics; a. a delay in or lack of performance by You or on Your
behalf of any contract or agreement; or
other than where We have agreed to such activities in b. failure of any Products or work performed by You
writing. or on Your behalf to meet the level of performance,
quality, fitness or durability expressly or impliedly
15. Electronic Data warranted or represented by You; but this Exclusion
18 b) shall not apply to Your liability for loss of use of
caused or contributed by or arising directly or indirectly other tangible property resulting from sudden and
out of or in connection with: accidental physical loss, destruction of or damage to
any Products or work performed by You or on Your
a. total or partial destruction, distortion, erasure, behalf after such Products or work have been put to
corruption, alteration, misuse, misinterpretation, use by any person or organisation other than You.
misappropriation or other use of electronic data
and/or software; 19. Molestation
b. error in creating, amending, entering, directing,
deleting or using electronic data and/or Software; or for Personal Injury caused by or arising directly out of
c. total or partial inability or failure to receive, send, or in connection with the Molestation of any person,
access or use electronic data and/or Software for any except where provided under Optional Extension 1 if the
time or at all, from any cause whatsoever, regardless Schedule shows that you have elected Optional Extension
of any other contributing cause or event whenever it 1.
may occur.
20. Pollutants
However this exclusion shall not apply to any liability to
pay compensation which arises from: a. for Personal Injury and/or Property Damage directly
or indirectly arising out of the discharge, dispersal,
i. Your everyday use of the internet for electronic release, seepage, migration or escape of Pollutants
communication, intranet and associated activity; into or upon land, the atmosphere or any
or watercourse or body of water;
ii. any material on your website in support of Your b. for the cost of testing and monitoring for, removing,
Business activities. nullifying, or cleaning up of Pollutants.
iii. Personal Injury
Provided that, with respect to any such liability which
16. Libel and Slander may be incurred anywhere other than North America,
Exclusions 20 a) and 20 b) shall not apply where such
for libel and slander: discharge, dispersal, release, seepage, migration or
escape is caused by a sudden, identifiable, unintended
a. resulting from statements made prior to the and unexpected event from Your standpoint which takes
commencement of the Period of Insurance; place in its entirety at a specific time and place.
b. resulting from statements made at Your direction
with knowledge that such statements are false; 21. Product Guarantee
c. incurred by You if Your Business is advertising,
broadcasting, publishing or telecasting. for any Products warranty or guarantee given by You or
on Your behalf, but this exclusion shall not apply to the
17. Liquidated Damages requirements of any Federal or State legislation as to
product safety and information.
arising out of liquidated damages clauses, penalty clauses
or performance warranties except to the extent that such
liability would have attached in the absence of such claus-
es or warranties.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 17
22. Product Recall 26. Watercraft

for damages, costs or expenses arising out of the arising from the ownership, maintenance, operation or
withdrawal, recall, inspection, repair, reconditioning, use by You of any Watercraft exceeding ten (10) metres
modification, reinstallation, replacement or loss of use in length, whilst such Watercraft is on, in or under water.
of any Products where such Products are withdrawn or
recalled from the market or from use by any person or Provided that exclusion 26 shall not apply with regard to
organisation because of any known, alleged or suspected claims arising out of:
defect or deficiency in such Products.
a. Watercraft used in operations carried out by any
23. Property in Your Physical or Legal Control independent contractors for whose conduct You may
be held liable;
for damage to property not belonging to You but in
b. Watercraft owned by others and used by You for
Your physical and legal control other than the property
business entertainment.
described in ‘Additional Extension 1 - Property in Your
physical and legal control’.
27. War, Terrorism, Radioactivity
24. Property Owned by You
a. War
for Property Damage to property owned by You.
arising directly or indirectly as a result of:
25. Vehicles
i. war, invasion, act of foreign enemy, hostilities
arising out of the ownership, possession or use by You of or warlike operations (whether declared or not)
any Vehicle: and/ or civil war; and/or
ii. rebellion, revolution, insurrection, military and/
a. which is registered or which is required under any or usurped power.
legislation to be registered; or
b. in respect of which compulsory liability insurance or b. Terrorism
statutory indemnity is required by virtue of
legislation (whether or not that insurance is for any:
effected),

but exclusions a) and b) shall not apply where: i. death, injury, illness, Loss, Damage, liability, cost
or expense of any nature directly or indirectly
i. that compulsory liability insurance or statutory caused by, resulting from, or in connection with,
indemnity does not provide indemnity, and any act of Terrorism regardless of any other
ii. the reason or reasons why that compulsory liability contributing cause or event;
or statutory indemnity does not provide indemnity ii. death, injury, illness, Loss, Damage, liability, cost
do not involve a breach by You of legislation relating or expense of any nature directly or indirectly
to Vehicles; caused by, resulting from, or in connection with,
iii. any Vehicle (including any tool or plant forming part any action taken in controlling, preventing,
of or attached to or used in connection with such suppressing or in any way relating to the
Vehicle) whilst being operated or used by You or on matters set out in paragraph b) i) of this
Your behalf as a Tool of Trade at Your premises or on Exclusion.
any Work Site;
iv. the delivery or collection of goods to or from any c. Radioactive Contamination
Vehicle;
v. the loading or unloading of any Vehicle; for any:
vi. any Vehicle temporarily in Your custody or control for
the purpose of parking; i. Loss of or Damage to property eligible for insurance
vii. Property Damage caused by or arising out of the by the relevant Nuclear Insurance Pool and/or
movement of any Vehicle which is required to be Association; or
Conditionally Registered in accordance with the law ii. Loss, cost, Damage, liability or expense directly or
of any State or Territory in Australia in the event of indirectly caused by or contributed to by or arising
Your inadvertent and unintentional failure to effect from:
Conditional Registration.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 18
 1. ionising radiation from or contamination by 30 Cyber Liability and Social Engineering
radioactivity from any nuclear fuel or from any
nuclear waste or from the combustion of nuclear arising out of, related to, or in connection with:
fuel;
2. the radioactive, toxic, explosive or other i. the unauthorised access to or use of any
hazardous or contaminating properties of any Computer System owned, operated by or
nuclear installation, reactor or other nuclear licensed to the Insured;or;
assembly or nuclear component thereof; ii. Social Engineering Fraud.
3. any weapon or device employing atomic or
nuclear fission and/or fusion or other like
reaction or radioactive force or matter; or
4. the radioactive, toxic, explosive or other
hazardous or contaminating properties of any
radioactive matter.

Provided that General Exclusion 27 c) ii) 1) shall not

apply to liability arising from radio-isotopes, radium or
radium compounds when used away from the place where
such are made or produced and when used exclusively
incidental to ordinary industrial, educational, medical or
research pursuits.

28. Listed Human Disease

for any actual or alleged liability directly or indirectly

arising out of, related to, or in connection with a
Listed Human Disease or any directly or indirectly related
condition or threat or fear thereof (whether actual or
perceived).

Listed Human Disease shall mean:

a. any disease identified or listed at any time as a

human disease under the Biosecurity Act 2015 (Cth)
or its current equivalent, as amended or replaced
from time to time, or
b. any disease identified or listed in a state of
emergency, public health emergency or pandemic
declared by any governmental authority or
identified by the World Health Organisation or its
current equivalent as amended or replaced

regardless of when the disease is so listed or identified.

29 Sanctions

to make any payment where such payment would be in

violation of any sanction, prohibition or restriction with
which We are required to comply, including but not limit-
ed to United Nations resolutions or the trade or economic
sanctions, laws or regulations of Australia, New Zealand,
the European Union, United Kingdom or United States of
America.

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 19
 Conditions
The following conditions apply to this Policy. ii. any lesser sum for which the claim(s) can be
settled.
1. Notification of occurrence, claim or suit
c. Upon making such payment, We shall relinquish
You shall give: conduct and control of, and be under no further
liability under this Policy in connection with, such
a. written notice (including email or facsimile claim(s) except for defence costs and supplementary
transmission) to Us, as soon as reasonably payments:
practicable, of any claim made against You or any
Occurrence that may give rise to a claim being made i. recoverable from You in respect of the period
against You and which is covered by this Policy; prior to the date of such payment (whether or
b. all such additional information that We may not pursuant to an order made subsequently); or
reasonably require and every demand, writ, ii. incurred by Us, or by You with Our written con-
summons, proceedings, impending prosecution or sent, prior to the date of such payment.
inquest and all documents relating to the claim or
Occurrence shall be forwarded to Us as soon as 4. Cross liabilities
practicable after they are received by You.
This insurance extends to indemnify:
2. Your duties in the event of an occurrence, claim
or legal proceeding a. each of the parties comprising the Named Insured;
and
a. You shall not, without Our written consent, make any b. each of the Insureds hereunder,
admission, offer, promise or payment in connection
with any Occurrence or claim; separately in the same manner and to a like extent as
b. You shall use the best endeavours to preserve all though policies had been issued in their separate names.
property, Products, appliances, plant, and all other
things which may assist in the investigation or Provided always that:
defence of a claim or suit or in the exercise of rights
of subrogation and, so far as may be reasonably i. each of such parties shall be separately subject to
practicable, no alteration or repair shall be effected the terms, claims conditions, General Policy
without Our consent until We have had an conditions, exclusions and definitions of this Policy
opportunity of inspection; in the same manner and to a like extent as though
c. You shall, when so requested, provide Us with details separate policies had been issued; and
of any other insurances current at the time of any ii. any failure by one party to comply with their duty of
Occurrence, and/or Personal Injury and/or Property disclosure or any of the terms or conditions of the
Damage and/or Advertising Injury and covering any Policy shall not prejudice the rights of the remaining
of the liability Insured by this Policy. parties to indemnity under this Policy (other than
where a party had prior knowledge of any such
3. Our rights regarding claims failure and did not advise Us of such failure);
iii. in no case shall the amount payable by Us in respect
a. We have full discretion in the conduct of any legal of any one claim or series of claims arising out of any
proceedings and in the settlement of any claim. You one Occurrence or in the aggregate, as the case may
must co-operate by giving Us any statements, be, exceed the applicable Limit of Liability as
documents or assistance We reasonably require. This specified in the Schedule.
may include giving evidence in any legal proceedings.
We agree to waive all rights of subrogation or action
b. We may at any time pay to You, in respect of all which We may be entitled to against any party to whom
claims against You arising directly or indirectly from cover under this Policy extends.
one source or original cause:
5. Adjustment of premium
i. the amount of the Limit of Liability or such other
amount specified in respect thereof (after If stated in the Schedule that the premium for this
deduction of any sum(s) already paid by Us, Policy is adjustable and the first premium or any renewal
which sum(s) would reduce the amount of Our premium for this Policy or any part thereof shall have been
unfulfilled liability in respect thereof); or calculated on estimates provided by You, You shall keep an

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 20
accurate record containing all particulars relative thereto time during the currency of this Policy and within three
and shall at all reasonable times allow Us to inspect such (3) years after the final termination of this Policy but
record. only with regard to matters which in Our opinion (acting
reasonably) are relevant to this Policy.
You shall, where requested by Us after the expiry of each
Period of Insurance, provide to Us such particulars and 8. Subrogation
information as We may reasonably require as soon as
reasonably practicable. The premium for such period shall We shall be subrogated to the Insured’s rights of
thereupon be adjusted and any difference paid by or allowed recovery to the extent of any payment made under this
to You, as the case may be, subject to retention by Us of any cover section. Each Insured agrees to do everything
minimum premium that may have been agreed upon necessary to secure and preserve such rights, including the
between Us and You at inception or the last renewal date execution of such documents as are necessary to enable
of this Policy. Us to bring proceedings in the name of the Insured.

6. Changes to the risk 9. Release

You must tell Us as soon as reasonably practicable of Where You are required by contractual agreement to
any alteration to the facts or circumstance in relation to release any Government or Public or Local Authority
Your Business or Products, if Your interest in the Policy or other Statutory Authority or Landlord from liability
changes or other circumstances change which significantly or for loss, destruction or damage or legal liability insured
materially increase the risk that we have agreed to insure. against under this Policy, such release is allowed without
prejudice to this insurance.
We will advise you in writing if We agree to
accept the changes and you must pay any Notwithstanding condition 9. Subrogation of this Policy,
additional premium that We may require. We agree to waive all Our rights of subrogation against
any such Authority in the event of any Occurrence for
In the event that You do not accept the which a claim for indemnity may be made under this
additional premium You may cancel the Policy.
Policy in accordance with clause 10. Cancellation.
10. Cancellation
Where You fail to notify Us as required under this clause,
We may be entitled to cancel the Policy in accordance This Policy may be cancelled by:
with the Insurance Contracts Act 1984 (Cth).
a. You at any time by notifying us in writing. You can do
Where You do not provide such notice before the so by giving such notice through Your insurance
happening of a Claim or a notification giving rise to a broker. Where You involves more than one person
Claim under this Policy, We may refuse to pay the Claim or party, We will only cancel this Policy when
either in whole or in part or We may reduce Our liability written agreement to cancel is received from all of
to pay a Claim in accordance with the Insurance Contracts such named persons or parties.
Act 1984 (Cth).
We will subtract from any premium You have paid
7. Inspection and audit Us, an amount to cover the period that We have
already insured You for. We will then return the rest
We shall be permitted, but not obligated, to of the premium to You (along with GST and any
inspect Your premises and operations at any relevant government charges where this is allowed).
reasonable time. Neither Our right to make inspections,
nor Our failure to make inspections, nor the making If You have made a claim under this Policy and We
of any inspections, nor any report of an inspection have paid or agreed to pay or indemnify You for such
shall constitute an undertaking, on behalf of or claim, no refund will be payable.
for the benefit of You or others, to determine or
warrant that such premises or operations are safe or b. Us at any time in any of the circumstances permitted
healthful or are in compliance with any law, rule or by law by providing You with written notice. We will
regulation. be entitled to retain premium for the period during
which the Policy has been in force.
We may examine and audit Your books and records at any

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 21
If the premium has been funded by a premium funding
company, which holds a legal right over the Policy by
virtue of a notice of assignment and irrevocable pow-
er of attorney, the return of premium calculated on the
basis set out above will be made to the premium funding
company.

11. Non accumulation

Where a party insured under the Policy is also entitled to

indemnity under another insurance policy issued by Us,
our maximum limit of liability shall be equivalent to the
highest.

12. Allocation

Where in any claim, the Insured incurs loss jointly

with others, or incurs in relation to a claim an amount
consisting of both Loss covered by this cover section and
loss not covered by this cover section, then We and the
Insured will allocate such amount between covered loss
and uncovered loss based upon Our assessment of which
parts of the amount fall in and which fall outside this
cover section.

13. Reasonable Care

You must take reasonable precautions to prevent Personal

Injury or Property Damage or Advertising Injury as if You
were not covered by this Policy such as:

a. if You discover Your Products may be defective and

the defect may cause a claim under this Policy, at
Your expense You must take reasonable steps to
restrict, trace, recall, modify, replace or repair the
products;
b. maintain and look after other person’s or
organisation’s property and buildings used or
occupied by You, in accordance with Your agreement
with them;
c. if Your occupation includes digging below ground
at sites away from the Business Premises You must
obtain the location of underground services from the
owners of the services;
d. use and store all hazardous materials as required by
law.

If You do not take reasonable precautions We may refuse

to pay part or all of Your claim in accordance with our
rights at law, including under the Insurance Contracts Act
1984 (Cth).

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 22
 Additional Information
Dispute Resolution This is an independent national body and its services are
free to you. As a member We agree to accept the AFCA’s
We are committed to providing our clients with a high decision.
level of service, empathy with the sector and a reasonable
response to all matters. You can contact the AFCA by:

If you think that we have let you down in any way, or our Mail: Australian Financial Complaints Authority Ltd,
service is not what you expect, tell Us so that we can help. GPO Box 3, Melbourne, Victoria 3001;
We are committed to responding to Your complaint fairly. Phone: 1800 931 678;
[email protected]
If you have a complaint: Facsimile: (03) 9613 6399
Website: www.afca.org.au
Step 1: On the spot, if we can!
Goods and Services Tax (GST)
You can contact us by phone on 02 8045 2580 or by email
at [email protected] This insurance Policy has provision for the payment of
Goods and Services Tax:
If we can’t resolve your complaint immediately, we
will commit to responding to your complaint within 15 • by You in relation to premiums charged by Us;
business days of first being notified of the complaint. • by Us in relation to claims.

• If We need more information or more time to You must advise Us of your correct Australian Business
respond properly to your complaint we will contact Number & taxable percentage. Any GST liability arising
you to agree an appropriate timeframe to respond. from Your incorrect advice is payable by You.

Step 2: Internal Dispute Resolution Retaining Policy Documents

• If you are not happy with our response, please tell Us Incidents which may be claimable under this Policy can
in writing. You may escalate it as a dispute and our take many years before they become known to your
Internal Dispute Resolution panel (the panel) will organisation.
review the matter. The panel will be independent of
the person who initially considered your complaint. To enable you to prepare the best defence against an
incident that may have arisen some years in the past, it
• The Disputes Resolution Officer will acknowledge is important that you have a document retention and
your dispute in writing within 2 business days of security policy which addresses the effective retention of:
receipt and will investigate all details of your
dispute and will provide you with a written response • Your Policy and any endorsements;
of the outcome within 15 business days of first being • operational and risk management procedures;
notified of your dispute. • employment records and contracts;
• any published client or other promotional material.
• In some cases we may be unable to reach a
conclusion within this timeframe, and may request
a later response date. If this occurs, we will keep
you informed of progress of the dispute no less than
once every 10 days.

Step 3: External Dispute Resolution scheme

Should we be unable to resolve your complaint (including

the IDR process referred to above) within 45 days or
you are not happy with our response/handling of your
complaint at any given time, you can seek an external
review via our external dispute resolution scheme,
administered by the Australian Financial Complaints
Authority (AFCA).

Community Underwriting Agency Not for Profit General Liability Policy CUW GL 0922 23