Trust 2
Trust 2
Trust 2
Liability Schedule
Policy Number: B1141C22M8200/69229065
Mailing Address: The Foaling Shed, Cardrona, Innerleithen, Peeblesshire, EH44 6PS
Business Description: Tree Surgery, Stump Grinding and Landscaping but excluding Tree Surgery &
Power-line Clearance
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Retroactive Date: 31 January 2023 in respect of the Data Protection Legislation Extension
Limit of Liability: GBP 5,000,000 any one Occurrence and in the aggregate
Limit of Liability: GBP 5,000,000 any one Occurrence and in the aggregate
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(Subject to adjustment in accordance with General Terms and Conditions 5: Adjustment of Premium)
Email: [email protected]
Signed by:
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(Where required by regulation 5 of the Employers’ Liability (Compulsory Insurance) Regulations 1998 (the Regulations), one or more
copies of this certificate must be displayed at each place of business at which the Assured employs persons covered by the policy)
2. (a) The minimum amount of cover provided by this policy is no less than GBP 10,000,000 other than claims
relating to work Offshore, Terrorism and Asbestos where the amount of cover provided by this policy is no
less than GBP 5,000,000
Signature
Lewis Goodearl
Head of UK & Ireland Casualty
Convex Insurance UK Limited
a
Where the employer is a company to which regulation 3(2) of the Regulation applies, the certificate shall state in a prominent place, either that the policy covers
the holding company and all its subsidiaries, or that the policy covers the holding company and all its subsidiaries except and specifically excluded by name, or
that the policy covers the holding company and only the named subsidiaries.
b
Specify applicable law as provided for in regulation 4(6) in the regulations.
We hereby certify that the following limit of liability is in force for the above period:
£5,000,000 any one occurrence
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By way of endorsement to the Policy, the Underwriters and the Assured agree that the Sub-contractors Condition Public Liability
Limit Amendatory Clause shall apply to the General Terms and Conditions [Section 2/4] applicable to all sections and all Operative
Covers of the Policy as a Condition of this insurance that the Assured is required to meet as the Assured’s part of this contract to
which this Endorsement attaches.
If the Assured do not meet any of this Condition and that either causes a claim or contributes to a claim, the Underwriters may reject
that claim or payment in respect of that claim could be reduced in the proportion that Underwriters have suffered prejudice from the
Assured’s failure to comply with this Condition.
Clause [17] [19] b) of General Terms and Conditions headed as “Sub-contractors” is deleted and replaced with:
a) public liability coverage with a limit of liability not less than GBP 5,000,000; and
All other terms and conditions of the Policy remain the same and will apply to this Endorsement as applicable. This includes the
General Additional Covers (if any), Terms, Conditions and Exclusions set out in the Policy.
Convex Insurance UK Limited is a company registered in England & Wales with registration number 11796392. Registered address at 52 Lime Street, London, EC3M 7AF United
Kingdom. Convex Insurance UK Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority
(Financial Services Register Number 840616).
CONX-CAS-223-0521 – Burning of Waste and Debris Conditions
By way of endorsement to the Policy, the Underwriters and the Assured agree that the Burning of Waste and Debris Condition shall
apply to only to Operative Cover B – Public Liability of the Policy as a condition of this insurance that the Assured must meet as part of the
Assured’s contract to which this endorsement attaches
If the Assured do not meet any of these conditions and that either causes a claim or contributes to a claim, the Underwriters may
reject that claim or payment in respect of that claim could be reduced in the proportion that Underwriters have suffered prejudice
from the Assured’s failure to comply with this Condition.
It is a Condition of this insurance that whenever the Assured burns debris away from the Assured’s Premises, the following
precautions are complied with on every occasion by the Assured ensures that:
a) fires are located in a clear area and at least 10 metres from any property;
b) fires are not to be left unattended at any time except once extinguished in accordance with paragraph d) below;
c) a suitable fire extinguisher be kept available for immediate use; and
d) fires are extinguished at least one hour before the Assured leaves site after the completion of any work or at the end of the
working day, whichever the earlier.
This Condition is also subject to the Terms and Exclusions of Operative Cover B – Public Liability as applicable.
All other terms and conditions of the Policy remain the same and will apply to this Condition, as applicable. This includes
the General Additional Covers (if any), Terms, Conditions and Exclusions set out in in the Policy.
Convex Insurance UK Limited is a company registered in England & Wales with registration number 11796392. Registered address at 52 Lime Street, London, EC3M 7AF United
Kingdom. Convex Insurance UK Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority
(Financial Services Register Number 840616).
CONX-CAS-000-0521 – Working Height Limitation Exclusion (Arboriculture)
By way of endorsement to the Policy, the Underwriters and the Assured agree that the Working Height Limitation Exclusion
(Arboriculture) shall apply only to Operative Cover A – Employers’ Liability, Operative Cover B – Public Liability, and Operative
Cover C – Product Liability section of the Policy as follows:
Exclusion
The following Exclusion is added to Exclusions Applicable to Operative Cover A – Employer Liability, Operative Cover B – Public
Liability and Operative Cover C – Product Liability:
The Underwriters will not indemnify the Assured against any claim for either Property Damage or Bodily Injury arising out of
or in connection with any work undertaken by the Assured at a height which exceeds 5 metres above the ground level for
external work, unless the Assured has provided a copy of one of the following certificate(s) to the Underwriters:
a) NPTC CS206/306; or
b) NPTC CS308; or
c) NPTC CS39; or
e) ABA-A2.
This Exclusion is also subject to the Terms and Exclusions of Operative Cover A – Employers’ Liability, Operative Cover B – Public
Liability and Operative Cover C – Product Liability as applicable.
All other terms and conditions of the Policy remain the same and will apply to this Exclusion, as applicable. This includes
the General Additional Covers (if any), Terms, Conditions and Exclusions set out in the Policy.
Convex Insurance UK Limited is a company registered in England & Wales with registration number 11796392. Registered address at 52 Lime Street, London, EC3M 7AF United
Kingdom. Convex Insurance UK Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority
(Financial Services Register Number 840616).
CONVEX INSURANCE UK LIMITED
Combined Liability Policy
United Kingdom
CONX-CAS-001-1121
Contents
Introduction 3
Section 1 7
This Section sets out the insurance covers provided by this Policy. 7
Section 2 17
Claims Information 21
Section 3 30
Definitions 30
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Combined Liability Policy CONX-CAS-001-1121
Introduction
Convex Insurance UK Limited (the “Underwriters”) agrees to insure the Assured (as named in the Schedule) against loss as
provided by the terms of this Policy.
The Assured has presented information in connection with its application for insurance. The Underwriters have relied on the
information which the Assured has provided to them in deciding to accept this Policy and in setting its terms and premium.
This Policy consists of: the Schedule (in a separate document), this Introduction, the Operative Covers (Section 1), General
Additional Covers, General Exclusions, Claims Information and General Terms and Conditions (Section 2), Definitions (Section 3)
and any Endorsements (in a separate document if issued), all of which are to be read as one contract (together the “Policy”).
The insurance cover provided under each Operative Cover of this Policy is:
a) subject to the terms, Additional Covers, Optional Covers (if stated as operative in the Schedule) and Exclusions within that
Operative Cover; plus
b) all the General Additional Covers, Terms, Conditions and Exclusions set out in Section 2.
Capitalised words and terms have special meaning and are defined in the Definitions Section 3.
Please read this Policy carefully and make sure this Policy meets your needs. If the Policy is incorrect, please speak to your Broker.
Please keep this Policy safe and quote the Policy Number appearing in the Schedule in all communications.
Complaints
For the purpose of interpreting this section concerning our Complaints Handling policy, Underwriters shall be referred to as “We”,
“Us” and “Our”.
Our aim is always to provide the Assured with the best possible service. If the Assured feels that We have not provided the best
possible service or made an error, then please advise Us in the first instance. We will take the Assured’s complaint seriously and do
Our best to investigate and resolve it as quickly as possible. We have established the following complaints handling procedure to
ensure that this happens.
Step 1
Tell Us about it. There are different ways the Assured can do that.
1. Communicate with the Assured’s usual contact at Convex being either their Account Manager or Broker. Let them know that the
Assured is dissatisfied with the service they have received and tell them why.
We will acknowledge the Assured’s complaint promptly and We will let the Assured know who will be handling their complaint
and provide the Assured with their contact details.
Step 2
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Combined Liability Policy CONX-CAS-001-1121
We aim to resolve the Assured’s complaint as soon as possible. If it is complicated or We need to investigate the circumstances
further, then We may not be able to resolve it straight away and it may take longer depending on its complexity. We aim to get to the
Assured a final response within eight (8) weeks of receiving their complaint. If We cannot do so, then We will tell the Assured why it
is taking more time and let the Assured know what We are doing and how long We expect it will take to resolve.
Step 3
If the Assured is not happy with Our response, or actions, and feel that the matter has not been resolved to their satisfaction, then
there are two options to take it further:
1. The Assured may be eligible to refer the complaint to the Financial Ombudsman Service, the “FOS”. Please note that there are
time limits within which the Assured must contact the FOS (these limits have been mentioned previously in this Policy). Convex
Insurance UK Limited needs to give the Assured their final response within eight (8) weeks of their complaint, at the most,
depending on what the Assured has complained about. The Assured should to get in touch with the FOS within six (6) months
of receiving Convex Insurance UK Limited’s final response to your complaint.
Email: [email protected]
Website: http://www.financial-ombudsman.org.uk
2. Alternatively, the Assured may contact Lorraine Mullins, the Chief Compliance Officer of Convex Insurance UK Limited.
Our Commitment
All complaints are reported to, and overseen by, the Chief Compliance Officer. If We get a complaint or have done something wrong
or failed to do something well, We will do our best to put it right and to learn from it by root cause analysis (this is where Convex
Insurance UK Limited will sample a selection of complaints and what caused them then to address the causes of the complaints as
explained further). We will make sure that We investigate and establish what went wrong and why. We will then work out what We
need to do to prevent that happening in the future and consider whether any other customers could have been affected. Irrespective
of whether We have had complaints We will report regularly on complaints and root cause analysis and remediation in Our
management information to the executive management committees and to the Board of Convex Insurance UK Limited.
Regulatory Information
Convex Insurance UK Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority
and the Prudential Regulation Authority (Firm Reference No. 840616).
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Combined Liability Policy CONX-CAS-001-1121
Registered in England Number 11796392.
You can find this information on the Financial Conduct Authority’s (“FCA’s”) website at www.fca.org.uk which includes a register of
all the firms the FCA regulate or by calling the FCA on 0800 111 6768 (Call 0800 111 6768 (freephone) or 0300 500 8082 from the
UK), or +44 207 066 1000 from abroad. The FCA are open from Monday to Friday, 8am to 6pm and Saturday 9am to 1pm.
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Combined Liability Policy CONX-CAS-001-1121
Privacy
This Privacy Notice describes how Convex Insurance UK Limited (for the purpose of this notice “We”, “Us” or "Convex Insurance UK
Limited") collect and use the personal information of insureds, claimants and other parties (for the purpose of this notice “You”) when
We are providing our insurance and reinsurance services.
Information will be shared by Convex Insurance UK Limited for these purposes with other group companies and third parties,
insurance intermediaries and service providers. Such parties may become Data Controllers in respect of Your personal information.
Because We operate as part of a global business, We may transfer Your personal information outside the European Economic Area
for these purposes.
If You have questions or concerns regarding the way in which Your personal information has been used, please contact the Data
Protection Officer, Lorraine Mullins, by email or letter at:
[email protected]
Convex Insurance UK Limited
52 Lime Street
|London EC3M 7AF
United Kingdom
We are committed to working with you to obtain a fair resolution of any concern about privacy. If, however, you believe that we have
not been able to assist with your concern, you have the right to make a complaint to the UK Information Commissioner's Office
(“ICO”).
For more information about how we process your personal information, please see our full privacy notice at:
https://convexin.com/privacy-policy/ or for a written copy please contact us at:
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Combined Liability Policy CONX-CAS-001-1121
Section 1
This Section sets out the insurance covers provided by this Policy.
1. Operative Clause
The Underwriters will indemnify the Assured for all sums which the Assured becomes legally liable to pay as Damages
(including Claimants' costs, fees and expenses) and Defence Costs in respect of Bodily Injury sustained by an Employee
b) arising out of and in the course of their employment or participation in the performance of a contract with the Assured the
primary purpose of which is the provision of labour only;
in connection with the Business of the Assured and caused during the Policy Period in the Covered Jurisdictions stated in the
Schedule.
b) by Employees of the Assured undertaking non-manual work during temporary visits abroad provided that such Employees
are ordinarily resident in the United Kingdom.
a) The Underwriters’ liability to pay Damages (including Claimants’ costs, fees and expenses) shall not exceed the Limit of
Liability stated in the Schedule as applicable to this Operative Cover in respect of an Occurrence.
b) Defence Costs will be payable as part of the Limit of Liability stated in the Schedule as applicable to this Operative Cover,
unless otherwise stated in the Schedule.
a) Asbestos
This Operative Cover A will apply, subject to all its terms and conditions, to Bodily Injury caused to an Employee arising out
of the exposure to asbestos or alleged exposure to asbestos or materials or products containing asbestos, where a sub
Limit of Liability is specified in the Schedule.
b) Medical Treatment
Indemnity shall be extended to the Assured and any medical doctor or dentist employed by the Assured in respect of
liability to any person under a contract of service with the Assured resulting from treatment given, provided that any such
doctor or dentist shall be subject to the terms of this Policy as if they were the Assured so far as they can apply and
provided that the Assured would have been entitled to indemnity under this Operative Cover A if the Claim had been made
against the Assured.
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Combined Liability Policy CONX-CAS-001-1121
c) Terrorism
This Operative Cover A will apply, subject to all its terms and conditions, to Bodily Injury caused to an Employee arising out
of Terrorism, where a sub Limit of Liability is specified in the Schedule.
i. in respect of Bodily Injury sustained by the Employee that arises out of and in the course of employment by the
Assured in connection with the Business during the Policy Period;
ii. against any company or individuals operating within premises in the United Kingdom in any court situated in those
territories;
iii. which remains unsatisfied in whole or in part six (6) months after the date of such judgment;
the Underwriters will, at the request of the Assured, pay to the Employee or the personal representative of the Employee
the amount of any such Damages and any awarded costs to the extent they remain unsatisfied. Provided always that:
ii. if any payment is made under the terms of this Additional Cover to Operative Cover A the Employee or the personal
representative of the Employee shall assign any Judgment to the Underwriters;
iii. any payment made by the Underwriters shall be only in respect of liability for which the Assured would have been
entitled to indemnity under Operative Cover A of this Policy if the judgment had been made against the Assured.
Operative Cover A will only provide cover under these Additional Covers if the relevant Additional Cover has been noted as
operative in the Schedule or if agreed in writing with the Underwriters.
a) Offshore
This Operative Cover A will apply, subject to all its terms and conditions, to Bodily Injury sustained Offshore by the
Employee that arises out of and in the course of employment by the Assured in connection with the Business during the
Policy Period, where a sub Limit of Liability is specified in the Schedule.
b) Data Protection
This Operative Cover A will apply, subject to all its terms and conditions, to the Assured’s legal liability to pay compensation
to any Employee as a result of Bodily Injury under Data Protection Act 2018 or under Article 82 of the General Data
Protection Regulation (EU) 2016/679 (UK GDPR).
General Exclusion 3, Cyber, will not apply to the extent that this Additional Cover provides cover.
a) Motor
This Operative Cover A does not provide any indemnity in respect of liability for which compulsory motor insurance or
security is required under any applicable legislation.
This Operative Cover A is also subject to the General Exclusions set out in Section 2.
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Combined Liability Policy CONX-CAS-001-1121
Operative Cover B – Public Liability
Cover under this Operative Cover B is subject to the terms and Exclusions set out in this Operative Cover B plus all the General
Additional Covers, Terms, Conditions and Exclusions set out in Section 2. Capitalised words and terms are defined in the Definitions
Section 3.
1. Operative Clause
The Underwriters will indemnify the Assured for all sums which the Assured becomes legally liable to pay as Damages
(including Claimants’ costs, fees and expenses) and Defence Costs in respect of accidental
a) Bodily Injury;
b) Property Damage;
arising from the Business of the Assured and occurring during the Policy Period in the Covered Jurisdictions stated in the
Schedule.
The indemnity provided shall only apply to Bodily Injury or Property Damage occurring
b) during the course of temporary visits abroad outside the Territorial Limits by Employees of the Assured undertaking non-
manual work, provided that
a) The Underwriters’ liability to pay Damages (including Claimants’ costs, fees and expenses) shall not exceed the Limit of
Liability stated in the Schedule as applicable to this Operative Cover in respect of an Occurrence.
b) Defence Costs will be payable as part of the Limit of Liability stated in the Schedule as applicable to this Operative Cover,
unless otherwise stated in the Schedule.
Cover in respect of such Claims shall be available only under the terms and conditions of this Additional Cover and
nowhere else in this Policy.
For the purposes of this Additional Cover non-material damage which is the subject of such Claim shall be considered as
Bodily Injury and will be treated as having occurred when the Claimant first had knowledge or alleges that they first had
knowledge of the event giving rise to that Bodily Injury.
This Additional Cover applies where Claims are made against the Assured during the Policy Period arising from Bodily
Injury and/or Property Damage occurring on or after the Retroactive Date specified in the Schedule and before the Expiry
Date of the Policy. If a Circumstance, occurring subsequent to the Retroactive Date and before the Expiry Date of the
Policy is notified to the Underwriters in accordance with Section 2, Claims Information – Condition 1 – Claims Procedure,
the Underwriters will not deny any subsequent Claim arising out of that Circumstance solely because the Claim was made
after the Expiry Date of the Policy.
The Underwriters’ liability under this Additional Cover shall be limited to GBP 50,000 any one Occurrence and in the
aggregate, inclusive of Defence Costs, which shall be a part of and not in addition to the Limit of Liability.
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Combined Liability Policy CONX-CAS-001-1121
The Excess under this Additional Cover shall be 10% of each Claim subject to a minimum of GBP 1,000, and it shall be
applicable to all Claims, including Defence Costs:
i. against liability caused by or arising from a deliberate act by or omission of any person entitled to insurance under this
Policy if the result could have been expected having regard to the nature and circumstances of such act or omission;
ii. for the costs of replacing, reinstating, rectifying or erasing any Personal Data, as defined in Data Protection Act 2018;
iii. against liability caused by or arising from the recording, processing or provision of data for reward or the determining of
the financial status of a person; or
iv. against liability which attaches by virtue of a contract or agreement, but which would not have attached in the absence
of such contract or agreement.
General Exclusion 3, Cyber, General Exclusion 4, Data Loss, and General Exclusion 5, Data Protection, will not apply to
the extent that this Additional Cover provides cover.
b) Denial of Access
The indemnity granted by this Operative Cover B is extended to indemnify the Assured against legal liability to pay
Damages (including Claimants’ costs, fees and expenses), as a result of a denial of access that occurs during the Policy
Period and arises out of or in connection with the Business. For the purpose of this Additional Cover, denial of access
means nuisance, trespass or interference with any easement, right of air, light, water or way.
c) Overseas Liability
The indemnity granted by this Operative Cover B is extended, at the request of the Assured, to indemnify the Assured and
its Employees and directors (including their families or persons ordinarily resident with them), against legal liability for
Bodily Injury, Property Damage or denial of access (as per Operative Cover B,3.b above) incurred in a personal capacity
while temporarily outside the United Kingdom in connection with the Business, provided that such Bodily Injury, Property
Damage or denial of access does not arise out of the ownership or occupation of land or buildings.
d) Private work
The indemnity granted by this Operative Cover B is extended to indemnify the Assured against legal liability in respect of
work carried out on behalf of Principals and/or directors of the Assured by Employees engaged or borrowed from the
Assured in their private capacity.
i. Bodily Injury or Property Damage in respect of which the Assured is entitled to indemnity from any other insurance;
ii. the costs of remedying any defect or alleged defect in such premises.
i. sustained by any Employee arising out of and in the course of their employment by or under a contract of service with
the Assured; or
ii. arising out of and in the course of their employment or participation in the performance of a contract with the Assured
the primary purpose of which is the provision of labour only;
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Combined Liability Policy CONX-CAS-001-1121
b) For Property Damage to tangible property owned, leased or hired by the Assured or under hire purchase or on loan to the
Assured or in the Assured's care, custody and control other than:
i. Employees' and visitors’ clothing, tools and personal effects up to a limit of GBP 500;
ii. premises (including contents thereof) not owned or rented by the Assured but temporarily occupied by them for the
purpose of work therein or thereon;
iii. premises tenanted by the Assured to the extent that the Assured would be held liable in the absence of any specific
agreement.
c) arising out of ownership, possession or use of any mechanically propelled vehicle where a Certificate of Motor Insurance or
surety is required under the Road Traffic Act or any similar legislation.
d) caused by the ownership or operation by or on behalf of the Assured of any waterborne craft, hovercraft, aircraft, or rail
borne vehicle;
e) arising out of any work undertaken Airside: in, on or within any aircraft, airport runway, taxiway, dispersal area, apron,
hanger, cargo, transit or flight handling area, including open spaces between and/or other operational or manoeuvring area
and including any flight control facilities, wherever situated unless notified and agreed by the Underwriters prior to the work
being undertaken;
h) arising out of or from advice, design, plans, specifications, formulae, surveys or directions prepared or given by the
Assured for a fee.
This Operative Cover B is also subject to the General Exclusions set out in Section 2.
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Combined Liability Policy CONX-CAS-001-1121
Operative Cover C – Product Liability
Cover under this Operative Cover C is subject to the terms and Exclusions set out in this Operative Cover C plus all the General
Additional Covers, Terms, Conditions and Exclusions set out in Section 2. Capitalised words and terms are defined in the Definitions
Section 3.
1. Operative Clause
The Underwriters will indemnify the Assured for all sums which the Assured becomes legally liable to pay as Damages
(including Claimants’ costs, fees and expenses) and Defence Costs in respect of accidental:
a) Bodily Injury; or
b) Property Damage;
arising from any Product within the Territorial Limits and Covered Jurisdictions stated in the Schedule.
The trigger applicable to this Operative Cover is either a), b) or c) below, as specified in the Schedule:
b) Claims Made
This Operative Cover applies where a Claim is first made against the Assured during the Policy Period and in accordance
with Section 2, Claims Information – Condition 1. f) – Claims Procedure arising from any Bodily Injury or Property Damage
occurring on or after the Retroactive Date specified in the Schedule and before the Expiry Date of the policy.
However, this Operative Cover does not apply to any Claim that is covered under any subsequent insurance the Assured
acquires, or would be covered but for the exhaustion of the Limit of Liability applicable to such Claim.
In respect of Additional Cover 3 a) Advertising Injury, if the date of the Occurrence is not self-evident, it shall be treated as
having occurred on the date of the first publication of material that is or is alleged to be injurious.
a) The Underwriters’ liability to pay Damages (including Claimants’ costs, fees and expenses) shall not exceed the Limit of
Liability stated in the Schedule as applicable to this Operative Cover in respect of an Occurrence.
b) Defence Costs will be payable as part of the Limit of Liability stated in the Schedule as applicable to this Operative Cover,
unless otherwise stated in the Schedule.
a) Advertising Injury
The indemnity granted by this Operative Cover C is extended to indemnify the Assured against legal liability to pay Damages (including
Claimants’ costs, fees and expenses), in respect of unintended and unexpected:
iii. piracy, unfair competition or idea misappropriation under an implied contract; and/or
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Combined Liability Policy CONX-CAS-001-1121
committed or alleged to have been committed during the Policy Period in any advertisement, publicity, article, internet website
activity, broadcast or telecast arising from advertising activities by or on behalf of the Assured in connection with the Assured’s
Products, goods or services, but Underwriters shall not be liable for:
i. the failure of performance of a contract other than unauthorised appropriation of ideas based upon breach or alleged
breach of the contract;
ii. incorrect description or mistake in the price of Products, goods or services sold or offered for sale by the Assured;
iii. the failure of Products, goods or services to conform with advertised quality, performance or standards;
iv. any material that was first published (verbally or in writing) prior to the Retroactive Date, if any, specified in the
Schedule.
The Underwriters’ liability under this Additional Cover shall be limited to GBP 1,000,000 any one Occurrence and in the
aggregate, inclusive of Defence Costs, which shall be a part of and not in addition to the Limit of Liability.
i. sustained by any Employee arising out of and in the course of their employment by or under a contract of service with
the Assured; or
ii. arising out of and in the course of their employment or participation in the performance of a contract with the Assured
the primary purpose of which is the provision of labour only;
b) for Property Damage to tangible property owned, leased or hired by the Assured or under hire purchase or on loan to the
Assured or in the Assured's care, custody and control other than:
i. Employees' and visitors’ clothing, tools and personal effects up to a limit of GBP 500;
ii. premises (including contents thereof) not owned nor rented by the Assured but temporarily occupied by them for the
purpose of work therein or thereon; and
iii. premises tenanted by the Assured to the extent that the Assured would be held liable in the absence of any specific
agreement.
d) arising out of the recall of any Product, or any product manufactured, distributed or handled by a customer of the Assured
of which the Product becomes a component part;
f) for costs incurred in the repair, reconditioning or replacement of any Product or part thereof and/or any financial loss
consequent upon the necessity for such repair, reconditioning or replacement;
g) if the trigger for Operative Cover C is the making of a Claim (under 1. b) and 1. c) above), arising out of any Product which
has left the custody or control of the Assured prior to the Retroactive Date, if any, stated in the Schedule;
h) arising out of any Product which, with the Assured’s knowledge, is intended for incorporation into the structure, machinery,
or controls of any aircraft or spacecraft;
i) arising out of any Product which, with the Assured’s knowledge, is intended for incorporation into any marine equipment
upon which the navigation or safety of a waterborne vessel depends or use in a waterborne vessel;
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Combined Liability Policy CONX-CAS-001-1121
j) arising out of or from advice, design, plans, specifications, formulae, surveys or directions prepared or given by the
Assured for a fee;
l) assumed by the Assured under contract, agreement or guarantee unless such liability would have attached in the absence
of such contract, agreement or agreement or guarantee;
m) for Bodily Injury or Property Damage directly or indirectly caused by, arising from or in connection with food and drink
supplied by, or on behalf of, the Assured primarily to the Assured’s Employees at the Premises as a staff benefit;
n) for Bodily Injury or Property Damage arising out of the presence, ingestion, inhalation, absorption or exposure to lead in
any Product;
o) for Property Damage to that part of any property upon which the Assured or any Employee of the Assured is or has been
working where such Property Damage arises out of such work.
This Operative Cover C is also subject to the General Exclusions set out in Section 2.
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Combined Liability Policy CONX-CAS-001-1121
Operative Cover D – Pollution Liability
Cover under this Operative Cover D is subject to the terms and Exclusions set out in this Operative Cover D plus all the General
Additional Covers, Terms, Conditions and Exclusions set out in Section 2. Capitalised words and terms are defined in the Definitions
Section 3.
1. Operative Clause
The Underwriters will indemnify the Assured for all sums which the Assured becomes legally liable to pay as Damages
(including Claimants’ costs, fees and expenses) and Defence Costs in respect of accidental:
a) Bodily Injury; or
b) Property Damage;
arising from Pollution occurring in in its entirety during the Policy Period within the Territorial Limits and Covered Jurisdictions
stated in the Schedule in connection with the Business of the Assured but only to the extent that the Assured can demonstrate
that such Pollution:
a) was the direct result of a sudden specific and identifiable event occurring during the Policy Period;
b) was not the direct result of the Assured failing to take reasonable precautions to prevent such Pollution during the Policy
Period.
a) The Underwriters’ liability to pay Damages (including Claimants’ costs, fees and expenses) shall not exceed the Limit of
Liability stated in the Schedule as applicable to this Operative Cover in respect of an Occurrence.
b) Defence Costs will be payable as part of the Limit of Liability stated in the Schedule as applicable to this Operative Cover,
unless otherwise stated in the Schedule.
a) Denial of Access
The indemnity granted by this Operative Cover D is extended to indemnify the Assured against legal liability to pay
Damages (including Claimants’ costs, fees and expenses), as a result of a denial of access that occurs during the Policy
Period and arising from Pollution in connection with the Business. For the purpose of this Additional Cover, denial of
access means nuisance, trespass or interference with any easement, right of air, light, water or way.
b) Private work
The indemnity granted by this Operative Cover D is extended to indemnify the Assured against legal liability in respect of
work carried out on behalf of Principals and/or directors of the Assured by Employees engaged or borrowed from the
Assured in their private capacity arising from Pollution in connection with the Business.
i. sustained by any Employee arising out of and in the course of their employment by or under a contract of service with
the Assured; or
ii. arising out of and in the course of their employment or participation in the performance of a contract with the Assured
the primary purpose of which is the provision of labour only
b) for Property Damage to tangible property owned, leased or hired by the Assured or under hire purchase or on loan to the
Assured or in the Assured's care, custody and control other than:
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Combined Liability Policy CONX-CAS-001-1121
i. Employees' and visitors’ clothing and personal effects up to a limit of GBP 500;
ii. premises (including contents thereof) not owned nor rented by the Assured but temporarily occupied by them for the
purpose of work therein or thereon;
iii. premises tenanted by the Assured to the extent that the Assured would be held liable in the absence of any specific
agreement.
c) arising out of ownership, possession or use of any mechanically propelled vehicle where a Certificate of Motor Insurance or
surety is required under the Road Traffic Act or any similar legislation;
d) caused by the ownership or operation by or on behalf of the Assured of any waterborne craft, hovercraft, aircraft, or rail
borne vehicle;
f) arising out of or from advice, design, plans, specifications, formulae, surveys or directions prepared or given by the
Assured for a fee;
g) for Property Damage to premises presently or at any time owned or tenanted by the Assured;
h) for Property Damage to land or water within or below the boundaries of any land or premises presently or at any time
previously owned or leased by the Assured or otherwise in the Assured's care, custody or control.
This Operative Cover D is also subject to the General Exclusions set out in Section 2.
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Combined Liability Policy CONX-CAS-001-1121
Section 2
This Section sets out all general Additional Covers, Exclusions and Terms and Conditions that
apply to the entire Policy.
3. Indemnity to Others
At the request of the Assured, and subject to the prior written consent of Underwriters, indemnity extends to include liability of:
a) any director of the Assured or Employee in respect of liability arising in connection with the Business of the Assured as
stated in the Schedule;
b) the committees, or any director or member thereof, of any of the Assured’s sports or social clubs and canteen, medical,
firefighting or welfare facilities but only in in respect of such capacities;
c) any hired or borrowed employee for whom the Assured is responsible or for any other person who is under a contract of
service with a contractor of the Assured and where the Assured in the course of the Business of the Assured has agreed to
accept responsibility;
d) directors and/or officials of the Assured in their personal private capacity arising from work undertaken for them by
Employees of the Assured;
each of whom shall, as though the Assured, be subject to the terms of this Policy so far as they can apply and provided that the
Assured would have been entitled to indemnity under the relevant Operative Cover if the Claim had been made against the
Assured.
4. Indemnity to Principal
Where the Assured so requests, the Underwriters agree to indemnify any Principal of the Assured but only to the extent that
such liability arises solely out of the work performed for the Principal by or on behalf of the Assured. Such Principal shall be
subject to and comply with the terms and conditions of the Policy. This clause shall in no way operate to increase the Limits of
Liability as stated in the Schedule.
5. Corporate Manslaughter
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Combined Liability Policy CONX-CAS-001-1121
The indemnity granted by this Policy is extended to apply to Defence Costs in cases of an alleged offence by the Assured under
the Corporate Manslaughter and Corporate Homicide Act 2007 or any subsequent amending legislation, provided that:
a) the proceedings relate to an offence alleged to have been committed during the Policy Period and in the course of the
Business;
ii. to liability assumed under a contract or agreement which would not have attached in the absence of such contract or
agreement
The Underwriters’ liability under this Additional Cover shall be limited to GBP 1,000,000 in the aggregate in any one Policy
Period. This limit will form part of and not be in addition to the relevant Limit of Liability stated in the Schedule.
All Additional Covers are subject to the specific Exclusions within the Operative Cover plus the General Exclusions set out in this
Section 2 (below).
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Combined Liability Policy CONX-CAS-001-1121
General Exclusions applicable to all Operative Covers
This part of the Policy provides details of the General Exclusions. These apply to all Operative Covers (unless stated otherwise
below) and they are in addition to any Exclusions specific to any Operative Cover.
This Policy does not insure, apply to or include any cover for any loss, damage, Claim, cost, expense or other sum directly or
indirectly arising out of or relating to:
1. Abuse
a) any act that results in the maltreatment of a person and which may be of, but not limited to, a physical, sexual, verbal,
psychological or emotional or financial nature.
2. Asbestos:
3. Cyber
a) any unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of time
and place, or the threat or hoax thereof involving access to, processing of, use or operation of any computer, computer
system, computer software programme, code, virus or process or any other electronic system.
This exclusion does not apply to Operative Cover A, Employers’ Liability and to the cover provided by Additional Cover 3 (a),
Data Protection, in Operative Cover B, Public Liability.
4. Data Loss
a) the loss of or damage to data, documents, information or records stored on a computer, cloud or media system(s) and/or
distortion or erasure caused by any means.
This exclusion does not apply to the cover provided by Additional Cover 3 (a), Data Protection, in Operative Cover B, Public
Liability.
5. Data Protection
a) compensation, damages, losses, costs and expenses, fines, penalties, or any other sum arising out of, directly or indirectly,
a breach of privacy rules or legislation including the General Data Protection Regulation (EU) 2016/679 (UK GDPR) or
equivalent.
This exclusion does not apply to Operative Cover A, Employers’ Liability and to the cover provided by Additional Cover 3 (a),
Data Protection, in Operative Cover B, Public Liability.
a) deliberate, conscious or intentional disregard by the Assured’s technical or administrative management of the need to take
all practical steps to prevent Bodily Injury or Property Damage.
7. Liquidated Damages
a) liquidated damages clauses, penalty clauses or performance warranties unless proven that liability would have attached in
the absence of such clauses or warranties.
8. Nuclear
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Combined Liability Policy CONX-CAS-001-1121
a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of
nuclear fuel;
b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component
thereof; or
c) any weapon of war or mass destruction, whether or not employing atomic or nuclear fission or fusion or like reaction or
radioactive force or matter, or pathogenic, chemical, biological or similar agents.
9. Communicable disease
a) any Communicable Disease (as hereinafter defined), or any fear or threat (whether actual or perceived) of any
Communicable Disease, or any action taken in controlling, preventing, suppressing or in any way relating to any outbreak
of any Communicable Disease.
b) For the purposes of this exclusion, Communicable Disease means any disease capable of being transmitted from an
infected person or species to a susceptible host, either directly or indirectly.
10. War
a) war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power, confiscation, nationalisation or requisition or destruction of or damage to property
by or under the order of any government or public or local authority.
11. Terrorism
a) an act of Terrorism.
12. Sanctions
Underwriters shall not be deemed to provide cover and Underwriters shall not be liable to pay any Claim or provide any benefit
hereunder to the extent that the provision of such cover, payment of such Claim or provision of such benefit would expose the
Underwriters 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.
ii. for the cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances; and
b) the Operative Covers shall not apply to nor insure against the loss of any Assured domiciled or registered in the United
States of America or Canada or any country which operates under the laws of the United States of America or Canada,
other than in respect of sales offices of the Assured where prior agreement has been sought from the Underwriters.
When this exclusion applies, General Condition 23, United States of America and Canada Jurisdiction, may also apply.
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Combined Liability Policy CONX-CAS-001-1121
Claims Information
This part of the Policy details the procedure to be followed when the Assured wishes to make a claim.
1. Claims Procedure
The Assured must:
a) give written notice of a Claim or any incident that may give rise to a Claim under this Policy to the Underwriters, or their
appointed agent, as soon as reasonably practicable and, in any event, within thirty (30) days of such knowledge;
b) give all such additional information or documentation as the Underwriters, or their appointed agent, may require and
continue to forward all such information and documentation immediately when they are received (until otherwise
instructed). Every Claim, writ, summons or process and any other written notification of Claim and all documents relating
thereto shall be forwarded unanswered to the Underwriters, or their appointed agent, immediately when they are received;
c) make no admission of liability, offer, promise, compromise or payment without the Underwriters’ prior written consent or the
prior written consent of their appointed agent; and
In the event of a breach of terms clause 1. a) – c) above, the Underwriters shall be entitled to refuse to pay a Claim under this
Policy in its entirety.
d) In the event of any Occurrence giving rise to any loss or damage insured under this Policy, take such immediate action as
is necessary to minimise the loss.
e) The Underwriters shall be entitled to take over the conduct, in the name of the Assured, of the defence or settlement of any
Claim or to issue in the name of the Assured but for the Underwriters’ own benefit any claim for indemnity or Damages or
otherwise. The Underwriters shall have full discretion in the conduct of any proceedings and in the settlement of any Claim
and the Assured shall give all such information and assistance as the Underwriters may reasonably require.
f) Where the Operative Cover trigger is shown as Claims Made and Notified in the Schedule, if a Circumstance occurring
subsequent to the Operative Cover Retroactive Date and before the Expiry Date of the Policy is notified to Underwriters
during the Policy Period and in accordance with this Policy Condition, the Underwriters will not deny any subsequent Claim
arising out of that Circumstance solely because the Claim was made after the Expiry Date of the Policy.
2. Co-operation
In addition to their obligations set out in Claims Procedure (above), the Assured shall at all times afford such information,
assistance and cooperation to the Underwriters or their appointed agents as may be requested. In the event of a breach of this
term, the Underwriters shall be entitled to refuse to pay a Claim under this Policy in its entirety.
3. Document Retention
In addition to their obligations set out in Claims Procedure (above), the Assured shall at all times ensure that all documentation
relevant to a Claim or Circumstance are retained and not destroyed or disposed of. In the event of a breach of this term, the
Underwriters shall be entitled to refuse to pay a Claim under this Policy in its entirety.
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Combined Liability Policy CONX-CAS-001-1121
General Terms and Conditions
This part of the Policy sets out the General Terms and Conditions. These apply to all Operative Covers and they are in addition to
the terms specific to each Operative Cover.
1. Allocation of Recoveries
If a recovery is made or recovery proceeds are received from a third party in respect of any loss or Claims which may or have
been paid, either in whole or in part, under this Policy, the recovery proceeds shall be applied as follows:
a) the costs of pursuing the recovery shall first be deducted from the recovery proceeds and repaid to the Underwriters;
b) from the remaining balance, the Assured should receive any sum paid or lost by it (excluding interest), in excess of its
indemnification under this Policy;
c) after payment of the above, the Underwriters should receive all sums they have paid (excluding interest) in respect of the
loss which is the subject of the recovery;
d) after payment of the above, the Assured receives any balance (excluding interest);
e) after payment of above, any interest recovered should be distributed between the Assured and the Underwriters in the
same manner outlined above.
2. Alterations in Risk
The Assured is required to notify the Underwriters as soon as is reasonably practicable of all material facts or alterations in the
risk which come to his knowledge or arise during the Policy Period. The Underwriters reserve the right to amend the Policy
terms and conditions.
In the event of a breach of this term, the Underwriters shall have no liability under this Policy unless the Assured shows that the
non-compliance with this term could not have increased the risk of the loss which actually occurred in the circumstances in
which it occurred.
4. Cancellation
a) The Assured is entitled to cancel this Policy by giving the Underwriters thirty (30) days’ notice in writing.
b) The Underwriters are entitled to cancel this Policy by giving the Assured thirty (30) days’ notice in writing.
Upon such cancellation by either the Assured or the Underwriters, any return of Premium due to the Assured will be calculated
at a proportional daily rate depending on how long the Policy has been in force unless the Assured have made a claim in which
case the full annual Premium is due.
5. Currency
The currency of all Premiums, sums insured, Limits of Liability and Excesses shown in this Policy, Schedule, Endorsement(s) or
any renewal shall be Great British Pounds indicated as GBP.
6. Discharge of Liability
The Underwriters may at any time pay to the Assured in connection with any Claim or series of Claims under this Policy to
which a Limit of Liability applies the amount of such Limit (after deduction of any sums already paid) or any lesser amount for
which such Claims can be settled. Upon such payment being made, and the payment of Defence Costs incurred prior to the
date of such payment where such Defence Costs are stated as being in addition to the relevant Limit of Liability, Underwriters
shall relinquish the conduct and control of and be under no further liability in connection with such Claims.
7. Excess
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Combined Liability Policy CONX-CAS-001-1121
Where an excess is stated in the Schedule the Assured shall be responsible for the first amount so specified each and every
Occurrence, inclusive of costs and expenses.
No cover will be granted under any Operative Cover for the amount of the Excess stated in the Schedule. The Limits of Liability
stated in the Schedule are in excess of and not reduced by the amount of any Excess.
Where an Occurrence gives rise to liability under Operative Covers B (Public Liability), C (Product Liability) and D (Pollution
Liability), only the largest Excess of those Operative Covers shall apply to all losses and Claims arising from that Occurrence.
8. Fair Presentation
The Assured is under a duty to make a fair presentation of the risk to Underwriters prior to entering into the Policy and prior to
the agreement of any variation to the Policy.
A fair presentation is one that includes all material information, presented in a manner that is clear and accessible, and in
compliance with all requirements of the Insurance Act 2015.
Failure to make a fair presentation of the risk will give Underwriters a range of remedies, as set out in the Insurance Act 2015,
which can be broadly summarised as follows:
b) if the breach was not deliberate or reckless (for instance, negligent), depending on what Underwriters would have done had
there been no breach:
i. treat the Policy as if it never existed, decline all claims and return the premium;
ii. treat the Policy as if it had been entered into on different terms from those agreed, or
iii. proportionally reduce the amount payable on a claim based on the premium the Underwriters would have charged, as
more specifically set out in the Insurance Act 2015.
The remedies summarised in a) and b) apply to a breach of the duty of fair presentation made prior to the Policy being entered
into, and, with some modifications, to a breach of the duty made prior to the agreement of a variation, as set out more fully in
the Insurance Act 2015.
This summary is provided for illustrative purposes only to assist the Assured in understanding the duty to make a fair
presentation and the consequences of a breach of the duty of fair presentation. It is not intended to amend or disapply any
provision of the Insurance Act 2015 concerning the duty of fair presentation.
9. Fraudulent Claims
ii. the Underwriters may recover from the Assured any sums paid by the Underwriters to the Assured in respect of the
claim; and
iii. in addition, the Underwriters may by notice to the Assured treat the Policy as having been terminated with effect from
the time of the fraudulent act.
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Combined Liability Policy CONX-CAS-001-1121
i. they may refuse all liability to the Assured under this Policy in respect of a relevant event occurring after the time of the
fraudulent act; and
ii. they need not return any of the Premiums paid under the Policy.
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Combined Liability Policy CONX-CAS-001-1121
10. Interpretation
In this Policy:
a) the singular includes the plural and vice-versa; the masculine includes the feminine and vice versa.
b) with the exception of headings, capitalised words and terms have the meaning given to them in the Definitions Section 3 of
this Policy;
d) headings are capitalised for ease and used for general reference only. They shall not be considered when interpreting or
determining the meaning of this Policy; and
e) if any term, condition, exclusion, Endorsement or provision or part thereof is found to be or becomes invalid or
unenforceable, this shall not affect the validity and enforceability of the remainder of the term, condition, exclusion,
Endorsement or provision and the rest of this Policy.
The Premium for this insurance has been calculated accordingly and no consideration has been paid in respect of sums
payable under any other law or the jurisdiction of any other courts.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or
claim (including contractual or non-contractual disputes or claims) arising out of or in connection with this Policy or its subject
matter, interpretation or formation.
Where an Occurrence gives rise to liability under Operative Covers B (Public Liability), C (Product Liability) and/or D (Pollution
Liability), the total amount of Underwriters’ liability shall not exceed the greatest Limit of Liability available under the relevant
Operative Cover providing indemnity for the Occurrence.
Where an aggregate Limit of Liability is stated in the Schedule to apply, the Underwriters’ total liability to pay Damages
(including Claimants’ costs fees and expenses) and Defence Costs in respect of the entire Policy Period shall not exceed the
stated aggregate Limit of Liability regardless of the number or severity of Occurrences or Claims.
Notwithstanding the above provisions, limits specified in an Additional Cover of this Policy will apply as set out in the Additional
Cover.
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Combined Liability Policy CONX-CAS-001-1121
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Combined Liability Policy CONX-CAS-001-1121
15. Personal Protective Equipment
The Assured must at all times ensure that:
a) all Employees are made aware of the dangers of not using personal protective equipment including but not limited to by
way of training;
b) personal protective equipment is provided and signed for upon receipt by the Employee, except that disposable personal
protective equipment does not need to be signed for; and
c) a register is maintained which demonstrates compliance with the above including but not limited to demonstrating that
Employees have received appropriate training.
In the event of a breach of this term, the Underwriters shall have no liability under this Policy unless the Assured shows that the
non-compliance with this term could not have increased the risk of the loss which actually occurred in the circumstances in
which it occurred.
16. Precautions
The Assured must at all times take all reasonable precautions or steps:
a) to observe and comply with all Statutory or local authority laws, obligations and requirements;
c) to see that construction plant equipment and machinery are substantial and sound and in proper order and fit for the
purposes for which they are used; and
If the Assured fails to produce such particulars within the timeframe required or pay any additional Premium due in accordance
with this clause, the Underwriters shall be entitled to refuse to pay, or reduce the amount they pay, for any Claim under this
Policy.
a) The Assured undertakes that Premium will be paid in full to the Underwriters within sixty (60) days of inception of this Policy
(or, in respect of instalment premiums, when due).
b) If the Premium due under this contract has not been so paid to the Underwriters by the sixtieth (60th) day from the
inception of this contract (and, in respect of instalment premiums, by the date they are due) the Underwriters shall have the
right to cancel this contract by notifying the Assured via the Broker in writing. In the event of cancellation, Premium is due
to Underwriters on a pro rata basis for the period that Underwriters are on risk, but the full contract premium shall be
payable to Underwriters in the event of a loss or Occurrence or Claim prior to the date of termination which gives rise to a
valid claim under this Policy.
c) It is agreed that the Underwriters shall give not less than fifteen (15) days’ prior notice of cancellation to the Assured via the
broker. If Premium due is paid in full to Underwriters before the notice period expires, notice of cancellation shall
automatically be revoked. If not, the contract shall automatically terminate at the end of the notice period.
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Combined Liability Policy CONX-CAS-001-1121
If any provision of this clause is found by any court or administrative body of competent jurisdiction to be invalid or
unenforceable, this shall not affect the validity and enforceability of the other provisions of this clause which will remain in full
force and effect.
In the event of a breach of this term, the Underwriters shall be entitled to refuse to pay, or reduce the amount they pay, for any
Claim under this Policy.
20. Sub-contractors
The Assured must take all steps to ensure that all Sub-contractors that they engage maintain policies of insurance (with
insurers other than the Underwriters) no less comprehensive than:
b) employers’ liability coverage with a limit of liability of not less than GBP 5,000,000 any one Occurrence;
c) public liability coverage with a limit of liability equal to or greater than the limits provided by this Policy; and
The Assured:
b) shall not assume by agreement, any liability that would not have attached to them in the absence of such agreement,
including but not limited to, the assumption of liability on behalf of any sub-contractor or the waiver of rights of recourse
against any Sub-contractor.
In the event of a breach of this term, the Underwriters shall have no liability under this Policy unless the Assured shows that the
non-compliance with this term could not have increased the risk of the loss which actually occurred in the circumstances in
which it occurred.
21. Subrogation
The Assured shall, at the request and at the expense of the Underwriters, do and concur in doing and permit to be done all such
acts and things as may be necessary or reasonably required by the Underwriters for the purpose of enforcing any rights and
remedies of or obtaining relief or indemnity from other parties to which the Underwriters shall be or would become entitled or
subrogated upon its paying for or making good any loss or damage insured by this Policy whether such acts and things shall be
or become necessary or required before or after their indemnification by the Underwriters.
a) the Limits of Liability stated in the Schedule are inclusive of Defence Costs
b) any dispute concerning the interpretation of the terms, conditions, limitations and/or exclusions contained herein is subject
to the law and exclusive jurisdiction of England and Wales;
c) the Underwriters shall not be liable for the amount shown as the applicable Excess in the Schedule, being the first amount
of each and every Claim. For the purpose of this condition “Claim” shall include compensatory awards or damages,
Claimants’ costs, fees and expenses and associated Defence Costs.
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Combined Liability Policy CONX-CAS-001-1121
When this clause applies, General Exclusion 13 United States of America and Canada may also apply.
29
Combined Liability Policy CONX-CAS-001-1121
Section 3
This Section sets out the specific meaning given to certain words and terms used in this Policy.
Definitions
Capitalised words and terms are defined in the Definitions below. As used herein:
1. Assured means:
the person(s), partnership, corporation or organization specified in the Schedule.
3. Business means:
a) the ordinary business of the Assured specified under Business Description in the Policy Schedule undertaken by the
Assured at or from the Premises;
4. Circumstance means:
a circumstance, condition, fact, event or incident known to the Assured and which the Assured ought reasonably to realise may
give rise to a Claim.
5. Claim means:
a written demand, notice, or other written communication received by the Assured asserting a liability or responsibility of the
Assured for damages or other relief.
6. Claimant means:
any party making a Claim against the Assured.
8. Damages means:
monetary compensation capable of being awarded in civil proceedings but excluding:
b) arising out of any criminal prosecution or proceedings relating to an offence alleged to have been committed during the
Policy Period by the Assured and/or (with the Underwriters’ prior written consent for such cover) Employees, partners or
directors of the Assured, and in the course of the Business of the Assured in respect of matters which may form the subject
of indemnity by this Policy provided that:
i. the Underwriters shall not be liable for any fines or penalties imposed as a consequence of such prosecution;
30
Combined Liability Policy CONX-CAS-001-1121
ii. the Underwriters shall not be responsible for Defence Costs where the Underwriters required the opinion of Queen’s
Counsel (whose appointment is at the Underwriters’ sole discretion) as to whether or not such costs should extend or
continue to extend to the support of such defence, and where such Queen’s Counsel’s opinion is that there is no
reasonable defence to the prosecution;
iii. the Underwriters’ liabilities for Defence Costs in cases of breach or alleged breach of the English Health & Safety at
Work Act 1974 (and/or any legislation of similar effect) are limited to prosecutions under Section 33(1)(a) to (c) of the
Act or similar duty imposed under consolidating legislation or legislation in Scotland, Northern Ireland, the Isle of Man
or the Channel Islands;
iv. the Underwriters’ liabilities for Defence Costs in cases of breach or alleged breach of the English Consumer Protection
Act 1987 (and/or any legislation of similar effect) are limited to proceedings not consequent upon a deliberate act or
omission; and
c) arising out of the defence of any proceedings in a Court of Summary Jurisdiction in respect of matters which may form the
subject of indemnity by this Policy.
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Combined Liability Policy CONX-CAS-001-1121
20. Pollution means:
any discharge, seepage, migration, dispersal, release or escape of Pollutants at any time or contamination of any kind of the
atmosphere or of any water, land, buildings or other tangible property.
32
Combined Liability Policy CONX-CAS-001-1121
Convex Group is the trading name of Convex Group Limited, a company incorporated in Bermuda, and the ultimate parent company of the Convex Group of companies, as follows: Convex Re Limited, a company incorporated in Bermuda,
which is a wholly-owned subsidiary of Convex Group Limited and licensed and supervised by the Bermuda Monetary Authority; Convex Insurance UK Limited, a company incorporated in England & Wales, which is a wholly-owned subsidiary
of Convex Re Limited and authorised by the Prudential Regulation Authority (PRA) and regulated by the Financial Conduct Authority and the PRA; Convex Europe S.A. is incorporated under the laws of the Grand Duchy of Luxembourg,
registered with the Luxembourg trade and company register (R.C.S. Luxembourg) under n° B253295, and is a wholly owned subsidiary of Convex Insurance UK Limited. Registered address 7, rue Robert Stümper, L-2557 Luxembourg, Grand-
Duchy of Luxembourg. Convex Europe S.A. is a non-life insurance company authorised and supervised by the Commissariat aux Assurances, 7, boulevard Joseph II, L-1840 Luxembourg - (+352) 22 69 11 - 1 / [email protected] / www.caa.lu.
Convex Guernsey Limited, a company incorporated in Guernsey, which is a wholly owned subsidiary of Convex Re Limited and licensed and regulated by Guernsey Financial Services Commission; and Convex UK Services Limited, a company
incorporated in England & Wales, which is a wholly-owned subsidiary of Convex Group Limited.
Convex Re Limited
convexin.com
21_09/CombinedLiabilityPolicyCONX-CAS-001-0921