ChildCare Staff AgenciesInsurance for staff agencies that specialise in childcare

Policy

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www.mortonmichel.com

CHILDCARE STAFF AGENCIES POLICY

We are pleased to welcome you as a policyholder of Covea Insurance plc.

This policy is evidence of the contract which you have made with usand the completed statement of fact and any other information provided by you in substitution thereforORthe information you have supplied and the application for insurance you have made electronically (hard copy of same is enclosedwith this policy) and any other information provided by you in addition to or in substitution therefore is the basis of the contract.

What forms your contract of insurance:• the application for insurance completed by you or on your behalf (Statement of Fact or electronic application),• any declaration signed by you in connection with the above,• any written information supplied by you supplementary to the Statement of Fact or electronic application,• any quotation or confirmation of cover letter,• any document issued by us setting out any conditions that will apply to your policy,• any document stating that this policy of insurance has been issued subject to certain outstanding items and/or actions by you or us,• the Policy, Schedule, Memoranda, Endorsements and Warranties.

Please note that information contained on your website is not regarded as information supplied by you and does not form part of thecontract of insurance, unless we have specifically agreed to include it.Please refer to the “Definitions” in the policy. These will tell you what words or expressions have specific meanings wherever theyappear in bold throughout the policy.Where a statute is referred to in this policy, this will also include any later amendments/replacements of it.We will indemnify or compensate you, by payment or, at our option, by replacement, reinstatement or repair in the event of loss,destruction, damage, accident or liability occurring during any period of insurance, subject to the terms and conditions of the policy.

The policy consists of the Page(s)

Schedule Inside front cover

Customer service information 2 - 6

Definitions and interpretation 7 - 8

General Conditions 9 - 10

General Exclusions 11 - 12

SectionsProperty Damage 13 - 20Loss of Revenue 21 - 22Employers’ Liability 23 - 25Public & Products Liability 26 - 29All Risks 30Legal Expenses 31 - 36Professional Indemnity 37Terrorism 38 - 39Website Hacker Damage Cover 39

Endorsements and Warranties applicable 40 - 41

The policy has been prepared in accordance with your instructions - please read it carefully to make certain that it meets yourrequirements. Morton Michel will be pleased to provide any further information which you may require.

Alterations to the cover will be confirmed by the issue of a new schedule which you should file with your policy. Please refer to thesereplacement documents and the policy to obtain precise details of the cover currently in force.

Our promise of satisfaction and serviceWe are confident that your ChildCare Staff Agencies policy will bring you complete satisfaction.

We undertake to refund the premium in full if you are not satisfied with the cover provided by your policy if it is returned within 14 daysof issue, but if there has been an incident which has resulted or could result in a claim you must reimburse us for any amounts we havepaid or may be required to pay in respect of that incident.

We wish to provide you with a high standard of service and to meet any claims covered by this policy fairly and promptly. The next pageof your policy provides information on how to proceed with enquiries or complaints and gives details of Covea’s important and valuableHelplines - there to provide you with quality advice.

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ConfidentialityWe promise complete confidentiality and security in all matters relating to your insurance arrangements.

James ReaderChief Executive OfficerCovea Insurance plcRegistered in England and Wales No. 613259Registered Office: Norman Place, Reading, Berkshire, RG1 8DAAuthorised & Regulated by the Financial Services Authority

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Customer service information

1. Covea Insurance plc

Covea Insurance plc is a public limited company, registered in England and Wales under number 613259. It underwrites generalinsurance business. It is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and thePrudential Regulation Authority. The Financial Conduct Authority and Prudential Regulation Authority are independent watchdogs thatregulate financial services.

Our Financial Services Register number is 202277. You can check this on the Financial Services Register by visiting the Financial ConductAuthority website www.fca.org.uk or by contacting the Financial Conduct Authority on 0800 111 6768.

Covea Insurance plc.

Registered Office: Norman PlaceReadingBerkshireRG1 8DA

Branch Office: 50 Kings Hill Avenue,Kings Hill,West Malling,Kent, ME19 4JX

2. Disability Discrimination Act 1995

In accordance with the Disability Discrimination Act 1995 Covea Insurance plc are able to provide upon request a textphone facility, audiotapes, large print documentation and Braille documentation. Please advise Covea Insurance plc if you require any of these services tobe provided so that we can communicate in an appropriate manner.

3. Law applicable to the contract

We propose to choose English law as the law applicable to the contract unless we agree another choice of law with you prior to the start date.

4. Premiums

Premiums are payable annually to Morton Michel. Insurance premium tax, as imposed by current legislation, is incorporated into all premiums.

5. Promise of satisfaction and service

We are confident that your ChildCare Staff Agencies policy will bring you complete satisfaction.

Covea Insurance plc undertakes to refund the premium in full if you are not satisfied with the cover provided by your policy if it isreturned within 14 days of issue, but if there has been an incident which has resulted or could result in a claim you must reimburse CoveaInsurance plc for any amounts we have paid or may be required to pay, in respect of that incident.

6. Duration of contract

The first period of insurance under your ChildCare Staff Agencies policy will be 12 months unless otherwise requested by you and agreedby the Company.

7. Financial Services Compensation Scheme

Covea Insurance plc is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from thescheme if we cannot meet our obligations.

This depends on the type of business and the circumstances of the claim. Further information about compensation schemearrangements is available from the FSCS, telephone number 0207 892 7300.

8. Notification of a claim

If you have a claim, or are aware of an incident that could result in a claim, please contact Morton Michel on 020 3824 8477 or CoveaInsurance plc on 0330 134 8187.

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9. Enquiries or complaints

If you have an enquiry or complaint regarding:

• the suitability of this policy for your needs; or

• the information and advice you received whilst it was originally being discussed; or

• the operation or administration of the policy

or an enquiry concerning a claim that you may have made; you should contact Morton Michel at: Alhambra House, 9 St Michaels Road,Croydon CR9 3DD; telephone number 020 3824 8477.

If you have a complaint concerning a claim you have made you should contact Covea Insurance plc, 50 Kings Hill Avenue, Kings Hill, WestMalling, Kent ME19 4JX; telephone number 0330 134 8187.

(A copy of Covea Insurance’s complaints handling procedure is available on request by writing to the Customer Services Manager, CoveaInsurance plc, 50 Kings Hill Avenue, Kings Hill, West Malling, Kent ME19 4JX or by telephoning 0330 134 8194.)

The complaints procedures for Legal Expenses are set out within that section of the policy on page 36.

Please be ready to provide all relevant details of your policy and in particular your policy number (if allocated) to help your enquiry orcomplaint to be dealt with speedily.

If you remain dissatisfied you may, under certain circumstances, refer your complaint to The Financial Ombudsman Service, ExchangeTower, Harbour Exchange Square, London, E14 9SR. Telephone 0800 023 4567 (calls to this number are normally free for people ringingfrom a "fixed line" phone – but charges may apply if you call from a mobile phone) or call 0300 123 9123 (calls to this number arecharged at the same rate as 01 or 02 numbers on mobile phone tariffs) Website: www.financial-ombudsman.org.uk.

Please note that the Financial Ombudsman Service will normally only consider a complaint once we have issued a final decision letter.

Nothing in the terms and conditions of this policy will reduce your statutory rights relating to faulty or mis-described goods or services.For further information about your statutory rights, you should contact your local authority Trading Standards Department or Citizen’sAdvice Bureau.

Following this procedure will not affect your legal rights.

10. Information about DAS Legal Expenses Insurance Company Limited

DAS Legal Expenses Insurance Company Limited is a private company limited by shares incorporated in England and Wales underregistered number 103274.It underwrites legal expenses business. Its head and registered office is DAS House, Quay Side, Temple Back, Bristol, BS1 6NH. It isauthorised and regulated by the Financial Services Authority and appears on the Financial Services Authority’s register under number202106. You can check this on the FSA’s Register by visiting the FSA’s website.

11. Morton Michel

Morton Michel Ltd is a private company limited by shares incorporated in England and Wales under registered number 5120835.

Its Registered Office is 3rd Floor, Chancery House, St Nicholas Way, Sutton, Surrey SM1 1JB; its head office is Alhambra House, 9 StMichaels Road, Croydon CR9 3DD.

It is authorised and regulated by the Financial Services Authority (FSA) and appears on the Financial Services Authority’s register undernumber is 5027300. You can check this on the FSA’s Register by visiting the FSA’s website.

12. The Employment Manual

The DAS Employment Manual offers comprehensive, up to date guidance on rapidly changing employment law. To view it, please visitthe DAS website at www.das.co.uk. From the Home Page click on the Employment Manual icon. All the sections of this web-baseddocument can be printed off for your own use. Contact DAS at employmentmanual@das.co.uk with your e mail address, quoting yourpolicy number and DAS will contact you by e mail to inform you of future updates to the information.

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Helplines

Glassolutions HelplineA 24 hour Helpline is operated by Glassolutions Installation by utilising a fleet of mobile glaziers to provide a glass and framereplacement/repair service. Provided this is covered by your policy, the cost will be paid by us less the excess.

To contact Glassolutions phone us on 0333 003 3388.

DAS Helpline ServicesDAS Legal Expenses Insurance Company Limited provide these services 24 hours a day, seven days a week during the period ofinsurance. To help DAS check and improve service standards, all calls are recorded except those to the counselling helpline.

Commercial Legal AdviceConfidential legal advice is given over the phone on any commercial legal problem affecting your business.

Tax AdviceConfidential advice is given over the phone on any tax matters affecting your business, under the laws of the United Kingdom.

Emergency Repair SupportIn the event of an unforeseen emergency affecting your business premises (even if you work from home) which causes damage orpotential danger, such as a burst pipe, blocked drain or broken window, DAS will contact a suitable repairer or contractor and arrangeassistance on your behalf. All costs of assistance provided are your responsibility.

Health and Medical Information ServiceInformation is given over the phone on general health issues and non-diagnostic advice on medical matters. Advice can be given on allergies,side effects of drugs and how to improve overall health. Information is available on health services including hospital waiting lists.Between the hours of 7pm and 9am DAS will take a message and one of their health and medical advisors will contact you the next dayor at an agreed time.

To contact the above services, phone 0330 134 8165 quoting Morton Michel ChildCare Staff Agencies policy and your policy number.

CounsellingDAS will provide you and your employees (including any members of their immediate family who permanently live with them) with aconfidential counselling service over the phone including, where appropriate, onward referral to relevant voluntary and/orprofessional services.

To contact the counselling helpline, phone 0330 134 8165. These calls are not recorded.

DAS will not accept responsibility if the Helpline Services fail for reasons they cannot control.Please do not use the helpline numbers to report a general insurance claim.

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Definitions and interpretation

In this policy

accidental damage means damage caused by accidental and external means

act of terrorism means acts of persons acting on behalf of, or in connection with, any organisation which carries out activities directedtowards the overthrowing or influencing, by force or violence, of Her Majesty’s Government in the United Kingdom or any othergovernment de jure or de facto

alarmed premises means the premises or those portions of the premises protected by the intruder alarm installation

asbestos means asbestos, asbestos fibres, any derivatives of asbestos and any product containing asbestos, asbestos fibres or anyderivatives of asbestos

buildings means the building or buildings of the premises (or the building or buildings of the structure of which the premises formpart), including:foundations;walls, gates and fences;landlord’s fixtures and fittings;air-conditioning, central heating and alarm systems;piping, ducting, cabling, control gear and underground services;yards, car parks, driveways, pavements, paths, steps and roadways;extensions, annexes, gangways, conveniences, outbuildings and sub-stations;fuel tanks and wind turbines;telephone, gas, water and electric meters, fibre optics or integrated services and digital network lines;all at the risk address stated in the schedule and for which you are legally responsible

business means the business as stated in the schedule

business hours means the period during which the premises are open for business or otherwise occupied for the purposes of thebusiness by the insured or any authorised employee

Company means - for all Sections except for those below - Covea Insurance plc- for the Legal Expenses Section - DAS Legal Expenses Insurance Company Limited

computers and ancillary equipment means computing, fax, audio, television, video and photographic equipment used in connectionwith the business, as shown in the schedule under the short title of Computing, communication and photographic equipment being theproperty of the insured or for which the insured is legally responsible but excluding property more specifically insured

deductible means the amount for which the insured will be responsible and which will be deducted from each and every claim

employee means any person under a contract of service or apprenticeship with the insured or supplied to or hired to or borrowed bythe insured including any person under a Government or otherwise authorised work experience, training, study, exchange or similarscheme, whilst engaged in work in connection with the business

other business contents means office fixtures, fittings, furniture, blinds and all other office contents used in connection with thebusiness, as shown in the schedule under the short title of Fixtures, fittings and furniture being the property of the insured or for whichthe insured is legally responsible but excluding property more specifically insured, money, computing, communication andphotographic equipment, glass other than that insured by Sub-section 1B Glass, specified stock, stock, personal effects, tenant’simprovements and landlord’s fixtures and fittings

insured incident as specified under “Cover” in Section 3 Legal Expenses

insured person means the person, persons or company named in the schedule

intruder alarm installation means the component parts of the alarm including the means of communication used to transmit signalskeyholder means the insured or any person or keyholding company authorised by the insured who is available at all times to acceptnotification of faults or alarm signals relating to the intruder alarm installation and attend and allow access to the premises

keysmeans devices, implements or instruments designed and intended to operate locking mechanisms

landlord’s fixtures and fittings means sanitary fittings, air conditioning and central heating systems and additional fixtures and fittingswhich form part of the permanent structure of the building

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money means current currency, crossed and uncrossed bankers drafts national giro drafts and payment orders postal and moneyorders dividend warrants and cheques other than pre-signed blank cheques, travellers cheques, national savings stamps andcertificates, bus and rail travel cards and passes, telephone cards, current postage stamps and unused postal franking machine units,luncheon vouchers, gift tokens, trading stamps, national insurance stamps and stamped or impressed national insurance cards, holidaywith pay stamps, premium bonds, VAT purchase invoices, credit card cheque card and debit card sales vouchers, savings stamps,consumer redemption vouchers and National Lottery ‘Instants’ and other scratch cards, all pertaining to the business and belonging tothe insured or for which the insured is legally responsible

period of insurance means the period stated in the schedule or any other period for which the Company has agreed to accept and forwhich the insured has paid or agreed to pay a premium

personal effects means personal effects, clothing, tools and pedal cycles not otherwise insured belonging to directors, partners,employees, customers and visitors, as shown in the schedule under the short title of Personal effects

pollution or contamination means pollution, contamination, sooting, deposition, impairment with dust, chemical precipitation,poisoning, epidemic and disease (including but not limited to foot and mouth disease), adulteration, impurification or limitation orprevention of the use of objects because of hazards to health

premises means that part of the buildings, situated at the risk address or locations stated in the schedule, occupied by the insuredfor the purposes of the business

responsible person means the insured or any person authorised by the insured to be responsible for the security of the premises

schedule means document stating details of you, the period of insurance, the operative sections of the policy, the sums insured andlimits which apply, and specifying any warranties or endorsements which amend the standard policy wording

tenant’s improvements means tenant’s improvements, alterations and decorations, as shown in the schedule under the short title ofTenant’s improvements but excluding glass other than that insured by Sub-section Glass

territorial limits means Great Britain, Northern Ireland, the Isle of Man or the Channel Islands

the insured means the person, persons or company named in the schedule

unattended vehicle means any vehicle left without the insured or any employee or a responsible adult remaining therein

unoccupied means empty, vacant, unattended or no longer in use for a period of 30 consecutive days or longer

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General Conditions

1 Avoidance of policyThis policy shall be voidable in the event of misrepresentation, misdescription or non-disclosure in any material particular.

2 CancellationYou may cancel this policy by giving written instructions to Morton Michel or to us.We may cancel this policy or any section by sending a recorded delivery letter to your last known address giving seven days notice.You may cancel the policy within 14 days of issue, returning the policy document and schedule, and receive a full refund ofpremium (but if there has been an incident which has resulted or could result in a claim, you must reimburse us for any amountswe have paid or may be required to pay, in respect of that incident).In the event of cancellation by you or us, we will refund a pro rata proportion of the premium paid in respect of the unexpired termof this policy unless a claim or an incident likely to give rise to a claim has occurred during the current period of insurance.If you are paying by monthly instalments we• will stop applying for the monthly premium• may exercise our right to collect the balance of any outstanding premium in the event of a claim.If you have agreed to pay the premiums by instalments and fail to pay any of those instalments, we reserve the right to cancel the policy.

3 Change in riskThis policy shall be voidable from the date of the change ifa) the insured’s interest ceases other than by death orb) the business be wound up or carried on by a liquidator or receiver or permanently discontinued orc) any alteration be made either in the business or in the premises or in any property therein or in any other circumstances which

may increase the possibility of loss, destruction, damage or accidental bodily injury covered by this policyat any time after the commencement of this insurance unless the Company has agreed in writing to its continuance.

4 ClaimsOn the happening of any event which could result in a claim under this policy (disregarding any excess) it is a condition precedentto liability that you shalla) advise Morton Michel or us in writing as soon as practicableb) not make any admission of liability or promise of payment without our written consentc) notify the police as soon as reasonably practicable following loss, destruction or damage by theft, riot, vandalism or malicious

act or if property be accidentally lostd) in respect of any loss, destruction or damage to the property insured submit, at your own expense, a claim in writing with all

such particulars and proofs as may be reasonably required withini) seven days (or as soon as reasonably practicable after that date) in the case of loss, destruction or damage caused by

riot, civil commotion, strikes, labour disturbances or malicious personsii) thirty days (or as soon as reasonably practicable after that date) in the case of any other loss, destruction or damage

e) inform us as soon as reasonably practicable of any claim being made, or of any impending prosecution, inquest or fatalaccident inquiry; every letter, claim, writ or other document relating to any accident, claim, prosecution or civil proceedingsmust be sent to us as soon as reasonably practicable, unacknowledged

f) give all such information and assistance as we may request.

5 Contracts (Rights of Third Parties) Act 1999No person, persons, company or other party who is not named as the insured in this policy shall have any right under the Contracts(Rights of Third Parties) Act 1999 to enforce any terms or conditions of this policy. This shall not affect any right or remedy of a thirdparty that exists or is available apart from that Act.

6 Data StorageIt is a condition of this policy that1) all computer and other electronic data carrying systems shall

a. have each days work backed up at the close of businessb. have the entire system backed up every four weeksand such duplicate records shall be stored in accordance with any conditions that may have been agreed with us.

all transparencies, negatives, original and finished artwork shall be kept in fire proof storage cabinets approved by us, when notbeing worked upon.

7 Death of the insuredIn the event of the death of the insured the Company will in respect of liability or loss incurred by the insured indemnify theinsured’s personal representatives in the terms of and subject to the limitations of this policy, provided that such personalrepresentatives shall as though they were the insured observe, fulfil and be subject to the terms and conditions of the policy as faras they can apply.

8 FraudIf the insured or anyone acting for the insured makes a claim under this policy knowing the claim to be false or fraudulent in anyrespect or if any damage is caused by wilful act of or with the connivance of the insured the Company will not pay the claim and allcover under the policy will cease from the date of the incident or circumstances in respect of which the fraudulent claim was made.

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9 Insurance Premium TaxEffective from 1st October 1994, the premium will be subject to insurance premium tax as set out in the Finance Act 1994 (or asamended by subsequent legislation) and detailed in the policy schedule or renewal notice issued from that date.

10 Law applicableUnder United Kingdom law the parties to the contract have the right to choose the law which should apply. In the absence of anyagreement to the contrary, English law will apply.

11 Other insuranceWe will not pay for any loss, damage, legal liability or other event giving rise to a claim covered under this policy if you are entitledto be paid by any other insurance which covers the same loss, damage, legal liability or other event.

12 Reasonable careIt is a condition precedent to the liability of the Company that the insured shall at his own expensea) take all reasonable precautions to prevent loss, destruction, damage, accident or bodily injuryb) keep the premises, buildings and other maintainable property which is insured by this policy in a satisfactory state of repairc) comply with all relevant statutory requirements and other regulations imposed by any authority and manufacturers’

recommendations all relating to the use inspection and safety of property and the safety of personsd) as soon as possible after discovery, cause any defect or danger to be made good or remedied and in the meantime shall cause

such additional precautions to be effected as the circumstances may requiree) exercise due care in the selection and supervision of employees.

13 Reinstatement of sum insuredIt is agreed that in the absence of written notice by the insured or the Company to the contrary, the Company’s liability shall notstand reduced by the amount of any loss, provided the insured undertakes to pay any appropriate premium for such automaticreinstatement of cover and implements immediately any recommendations made by the Company to prevent further loss,destruction or damage and effects all repair or replacement work without delay.

14 RightsIn the event of loss, destruction or damage to the property insured the Company will be entitled to enter any building where suchloss, destruction or damage has happened and to take and keep possession of such property insured and to deal with the salvagein a reasonable manner and this policy shall be proof of leave and licence for such purpose. No property may be abandoned tothe Company.

15 SecurityIt is a condition precedent to the liability of the Company that the insured shall ensure that alla) security devices are put into full and effective operation whenever the premises are closed for business or left unattendedb) keys and all details of any codes or combinations relating to any part of the intruder alarm installation and any safe or

strongroom be removed from the premises whenever the premises are closed for business or left unattendedc) fire break doors and shutters in the buildings be maintained in efficient working order and that the openings protected by such

doors and shutters be kept clear of obstruction at all times and that all such doors and shutters other than those fitted withfusible links be kept closed except during business hours

d) alterations or additions to or changes in or removal of security devices be advised to the Company immediately in writing.

16 SubrogationBefore or after the Company has indemnified the insured the Company will be entitled to undertake in the name of and on behalfof the insured the absolute conduct, control and settlement of any proceedings and to take proceedings at its own expense and forits own benefit but in the name of the insured to recover compensation or secure indemnity from any third party in respect ofanything covered by this policy.

17 UnderinsuranceWhenever a sum insured is declared to be subject to this underinsurance condition, if the property insured by such item shall atthe commencement of any loss, destruction or damage hereby insured against be collectively of greater value than such suminsured, then the insured shall be considered as being his own insurer for the difference and shall bear a rateable proportion ofthe loss.

18 WarrantyEvery warranty shall from the time the warranty attaches apply and continue to be in force during each subsequent period ofinsurance. Non-compliance with any such warranty in so far as it increases the risk of loss, destruction, damage or accidental bodilyinjury shall be a bar to any claim for such loss, destruction, damage or accidental bodily injury.

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General Exclusions

The Company will not be liable for

1 loss, destruction or damage to property or any cost or expense, consequential loss or bodily injury directly or indirectly caused by,contributed to by, resulting from or arising out of or in connection with any of the following regardless of any other cause or eventcontributing concurrently or in any other sequence to the lossa) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of

nuclear fuelb) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other

nuclear assembly or nuclear component thereofc) any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matterd) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or

military or usurped powere) an act of terrorism or any action taken in controlling, preventing, suppressing, retaliating against, responding to or in any way

relating to an act of terrorism (other than in respect of bodily injury to an employee arising out of and in the course ofemployment in the business). If the Company alleges that by reason of this sub-paragraph any loss, destruction, damage, cost,expense, consequential loss or bodily injury is not covered by this policy the burden of proving the contrary shall be upon theinsured

f ) pressure waves caused by aircraft or other aerospatial devices travelling at sonic or supersonic speedsg) confiscation, nationalisation or requisition by order of any government or public, municipal, local or customs authorityh) erasure, loss, distortion or corruption of information on, or reduction in the functionality, availability or operation of any

computer system, or any hardware, program, software, data, information repository, disk, microchip, integrated circuit orsimilar device in computer equipment or non-computer equipment, whether the property of the insured or not, caused by themalicious introduction or incursion of any unauthorised, unintended, undesired or unexpected program, instruction orcommand or any other computer or electronic virus.

2 a) loss, destruction or damage to property caused by pollution or contamination except (unless otherwise excluded) loss,destruction or damage to the property insured caused byi) pollution or contamination which itself results from a contingency hereby insured against (other than by leakage of oil or

by accidental damage to underground service pipes or cables) which comprises a sudden, identifiable, unintended andunexpected event and occurs in its entirety at a specific time and place during the period of insurance

ii) any contingency hereby insured against (other than by leakage of oil or by accidental damage to underground servicepipes or cables) which itself results from pollution or contamination

b) loss under the Loss of Revenue Section of this policy resulting from pollution or contamination but this will not exclude lossresulting from damage at the premises to property used by the insured for the purpose of the business (unless otherwiseexcluded) caused byi) pollution or contamination at the premises which itself results from a contingency hereby insured against (other than by

leakage of oil or by accidental damage to underground service pipes or cables) which comprises a sudden, identifiable,unintended and unexpected event and occurs in its entirety at a specific time and place during the period of insurance

ii) any contingency hereby insured against (other than by leakage of oil or by accidental damage to underground servicepipes or cables) which itself results from pollution or contamination

c) loss under the Public Liability Section of this policy resulting from legal liability directly or indirectly caused by or arising frompollution or contamination unless caused by a sudden, identifiable, unintended and unexpected event which occurs in itsentirety at a specific time and place during the period of insurance provided thati) all pollution or contamination arising out of such event will be deemed to be one occurrence irrespective of the length of

time or number of periods of insurance over which such pollution or contamination occursii) the liability of the Company for all damages payable arising out of all pollution or contamination which is deemed to

have occurred during any one period of insurance will not exceed the amount stated against Section 5 - Public Liabilityin the schedule

Definition and interpretation - for the purposes of General Exclusion 2 c) onlypollution or contamination includes(a) all pollution or contamination of buildings or other structures or of water or land or the atmosphere and(b) all loss or damage or injury directly or indirectly caused by such pollution or contamination.

3 loss, destruction or damagea) to property undergoing any process involving the application of heatb) to any electrical machine or apparatus or component thereof occasioned by its over-running, excessive pressure, short-

circuiting or self-heating not resulting in firec) arising from theft or attempted theft where the insured or any director, partner or employee of the insured or any member of

the insured’s family or household be concerned as principal or accessoryd) due to theft or attempted theft, malicious damage, leakage of water following bursting or overflowing of water pipes, water

apparatus or water tanks or from any automatic sprinkler installation, leakage of oil or breakage of glass and sanitary warei) during any period when the business has ceased to trade whether the premises are unfurnished or otherwiseii) whilst the buildings are unfurnished or untenanted

e) due to disappearance, unexplained loss, inventory shortage, misfiling or misplacing of information

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4 loss, destruction or damage or any expense or consequential loss happening in Northern Ireland occasioned by or happeningthrough or in consequence directly or indirectly of riot, civil commotion and (except in respect of loss, destruction or damage or anyexpense or consequential loss by fire or explosion) strikers, locked out workers or persons taking part in labour disturbances ormalicious persons.

5 a) loss, destruction or damageb) consequential loss, additional expenditure or extra expensesc) legal liabilityd) other fees, costs, disbursements, awards or other expenses of whatsoever nature directly or indirectly caused by or consisting

of or contributed to by or arising from the failure in whole or in part of -i) any computerii) any data processing equipment or media, microchip, integrated circuit or similar deviceiii) any computer softwarewhether the property of the Insured or not and whether occurring before, during or after the year 2000 to achieve all or any ofthe purposes and effects intended by the use of any number and/or word to denote a date, including the failure to -a) correctly recognise any date as its true calendar dateb) recognise, capture, save, retain or restore and/or correctly manipulate, interpret, calculate or process any data or

information or command or instruction as a result of treating any date otherwise than its true calendar datec) recognise, capture, save, retain, restore and/or correctly manipulate, interpret, calculate or process any data or

information as the result of the operation of any command which has been programmed into any computer software orhardware being a command which causes the loss of data or the inability to recognise, capture, save, retain, restoreand/or correctly manipulate, interpret, calculate or process any data on or after any date

but in respect of all sections other than the Employers’ Liability Section or the Public Liability Section this shall not excludesubsequent loss, destruction or damage to property specifically insured by any item, section or endorsement of this policy, or anyexpense or any consequential loss additional expenditure or extra expense (not otherwise excluded) which itself results from thefollowing contingencies or perils -

Fire, lightning, explosion, aircraft and other aerospatial devices or articles dropped therefrom, riot, civil commotion, strikers,locked-out workers, persons taking part in labour disturbances, malicious persons, earthquake, subterranean fire, impact byany mechanically propelled vehicle or by goods falling therefrom or by animals, theft or any attempt thereat, storm, flood, orescape of water or oil from any pipe tank or apparatus.

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Property Damage

CoverThe Company will indemnify the insured in respect of loss, destruction or damage occurring at the premises to the property insureddescribed in the schedule or any part of such property caused by the following perils1 fire (whether resulting from explosion or otherwise) not occasioned by or happening through

a) its own spontaneous fermentation or heatingb) earthquake or subterranean fire

2 lightning3 explosion but excluding loss, destruction or damage (other than loss, destruction or damage by fire resulting from explosion)

a) caused by or consisting of the bursting of a boiler (not being a boiler used for domestic purposes only) economiser or othervessel, machine or apparatus in which internal pressure is due to steam only and belonging to or under the control of the insured

b) in respect of and originating in any vessel machinery or apparatus or its contents, belonging to or under the control of theinsured which requires to be examined to comply with any statutory regulations unless such vessel, machinery or apparatusshall be the subject of a policy or other contract providing the required inspection service

4 aircraft and other aerospatial devices or articles dropped therefrom.5 theft or any attempt thereat but excluding theft

a) occurring outside business hours unless involving forcible and violent entry to or exit from the premisesb) of property from a garden, yard, open space or any open fronted or open sided building therein

6 riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances or malicious persons acting onbehalf of or in connection with any political organisation but excluding loss, destruction or damage caused in Northern Ireland orresulting from cessation of work

7 malicious persons not acting on behalf of or in connection with any political organisation but excluding loss, destruction or damageby theft or any attempt thereat

8 earthquake or subterranean fire9 impact by any mechanically propelled vehicle (whether the vehicle be licensed for normal road use or not) or by goods falling

therefrom or by animals but excluding loss or destruction of or damage to property in transit10 storm but excluding loss, destruction or damage

a) caused byi) the escape of water from the normal confines of any natural or artificial watercourse, lake, reservoir, canal or damii) inundation from the sea, whether resulting from storm or otherwiseiii) frost, subsidence, ground heave or landslip

b) attributable solely to change in the water table levelc) to fences and gates and loose or moveable property in the open

11 flood but excluding loss, destruction or damagea) caused by frost, subsidence, ground heave or landslipb) attributable solely to change in the water table levelc) to fences and gates and loose or moveable property in the open

12 sudden escape of water from any fixed water installation, tank, apparatus or pipes but excluding loss, destruction or damage bywater discharged or leaking from any automatic sprinkler installation

13 water accidentally discharged or leaking from any automatic sprinkler installation in the premises or the buildings not occasionedby or happening througha) freezing whilst the premises or the buildings in the insured’s ownership or tenancy are empty or disusedb) explosion, the blowing up of buildings, blasting, earthquake or subterranean fire or heat caused by firebut excluding loss or destruction of or damage to such installation other than that caused by water accidentally discharged orleaking from any such installationsubject to the following special conditionsi) the insured shall take all reasonable steps to prevent frost and other damage to any such automatic sprinkler installation and

to prevent the freezing of water in any part of such installation and so far as his responsibility extends to maintain all suchinstallations including the automatic external alarm signals in efficient working condition and in the event of any discharge orleakage from any such installation the insured shall do and permit to be done all things practicable whether by removal orotherwise to save and protect the property insured

ii) when any changes, repairs or alterations to any such automatic sprinkler installation are proposed written notice thereof is tobe given to the Company and its agreement obtained in writing

iii) the Company shall have access to the premises and the buildings at all reasonable times for the purposes of inspection andif the Company notifies the insured of defects in the construction or condition of any automatic sprinkler installation requiringalteration or repair the Company may also at its option by notice in writing suspend this insurance until such alterations orrepairs be made and approved by the Company

14 sudden escape of oil from any fixed installation15 falling trees or branches but excluding loss, destruction or damage

a) caused by felling or lopping carried out by or on behalf of the insuredb) to fences and gates and loose or moveable property in the open

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Limits of liabilityThe Company’s liability in respect of any one occurrence will not exceed the sum insured against each item in the schedule nor in all theaggregation of the sums insured by this section.Our liability in respect of any one occurrence will not exceed the sum insured by this section.

Sum InsuredAs shown in the schedule, subject to General Condition 17 - Underinsurance.

Inflation protectionThe sums insured in the schedule which are declared to be subject to this Inflation protection clause are index linked and will beadjusted each month in line with the percentage change in the following indicesa) Buildings sum insured - the General Building Cost Index published by the Building Cost Information Service of the Royal Institution

of Chartered Surveyors or suitable alternative index selected by the Companyb) Other sums insured - the Producer Price Index issued by the Department of Trade and Industry or suitable alternative index selected

by the Company.

Provided that any adjustment made to the sum insured will be based on the latest figures available to the Company and at each renewalthe premium will be calculated on the adjusted sum insured then in force.

Protection after lossSubject to the provisions of the above Inflation protection clause the sums insured in respect of any buildings or other property insuredhereby, which sustain loss, destruction or damage by any peril insured, will continue to be index linked following such loss, destructionor damage while the property is being reinstated, provided that the insured takes all reasonable steps to ensure that the reinstatementis carried out without undue delay.

Basis of claims settlementFollowing loss, destruction or damage insured by this sub-section and subject to the adequacy of the sums insured and to the Limits ofliability the Company will pay in respect ofa) curios, pictures and other works of art – the cost of repairing or replacing such property at the time of the loss, destruction or

damage for an amount not exceeding £500 in respect of any one item nor £1,000 in all or such other amounts as are stated in theschedule

b) deeds, documents and business books - their value as stationery only together with the cost of clerical labour expended in writingup and not for the value to the insured of the information contained therein

c) computer systems records - the value of the materials only together with the cost of clerical labour and computer time expendedin reproducing such records (excluding any expense in connection with the production of information to be recorded therein) andnot for the value to the insured of the information contained therein, for an amount not exceeding £10,000

d) patterns, models, moulds, plans and designs - the value of the materials only together with the cost of labour expended inreinstatement of such property

e) directors’, partners’, employees’, customers’ and visitors’ personal effects not otherwise insured - the cost of repair or replacementat the time of the loss, destruction or damage after due allowance for wear, tear or depreciation, for an amount not exceeding, inrespect of any one person, £250

f) all other property including buildings - the cost of repairing or reinstating the property equal to its condition when new

Provided thati) this is carried out without delay and in the most economical mannerii) when property is partially lost, destroyed or damaged the Company’s liability shall not exceed the estimated reinstatement

cost which would have been payable had it been wholly lost or destroyediii) until reinstatement has been carried out no payment shall be made beyond the amount which would be payable if an

allowance were made for wear, tear or depreciationiv) for the purposes of this sub-paragraph General Condition 17 Underinsurance shall be deemed to read –

whenever a sum insured is declared to be subject to this underinsurance condition, if at the time of repair orreinstatement the amount representing the cost which would have been incurred in repair or reinstatement if the wholeof the property insured by any item insured hereby had been lost or destroyed exceeds the sum insured by such item atthe commencement of the loss, destruction or damage, then the insured shall be considered as being his own insurer forthe difference and shall bear a rateable proportion of the loss

v) where for any reason no payment is to be made on the basis of repair or reinstatement as new (liability being otherwiseadmitted) then the liability of the Company will be arrived at as if this basis of claims settlement had not been incorporatedherein and sub-paragraph h) shall then be deemed to read -

all other property including buildings - in the case of buildings, the value of the buildings at the time of the loss,destruction or damage, or the amount of such loss, destruction or damage as the case may be, after due allowance forwear, tear or depreciation or at its option replace, reinstate or repair the lost, destroyed or damaged property and in thecase of all other property, the cost of repair or replacement at the time of the loss, destruction or damage after dueallowance for wear, tear or depreciation.

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Special exclusionsThe Company will not be liable under this sub-section for1 the first £250 of each other claim (except in respect of personal effects) after the application of the underinsurance condition2 loss, destruction or damage to property stored in any outbuilding or basement caused by storm, flood, leakage of oil or water

following bursting or overflowing of oil or water tanks, apparatus or pipes or from any automatic sprinkler installation, unless suchproperty is raised at least 100mm above the ground floor level of the outbuilding or the floor level of the basementDefinition and interpretation - for the purposes of this Special exclusion onlybasement means any storey of the buildings which is partially or wholly below ground level.

3 loss, destruction or damage caused by theft or attempted theft occurring outside business hours to any till or cash register unlessits drawer has been left in an open position

4 loss or destruction of or damage to property which, at the time of the happening of such loss or destruction or damage, is insuredby or would, but for the existence of this sub-section, be insured by any marine policy or policies, except in respect of any excessbeyond the amount which would have been payable under the marine policy or policies had this insurance not been effected

5 loss of metered water other than that covered by Additional clause 11 of this section6 losses not directly associated with the incident that caused you to claim.

Additional clauses

1 Architects’ and surveyors’ feesWithin the overall limit of the sum insured on buildings and other property except stock and specified stock, the Company will paythe cost of architects’, surveyors’, consulting engineers’ legal and other fees necessarily and reasonably incurred in thereinstatement or repair of the property following loss, destruction or damage caused by any peril insured against but excludingfees charged for the preparation of any claim.

2 Capital additionsThe insurance by this sub-section extends to includea) newly acquired and/or newly erected fixtures, fittings and furniture and buildings anywhere within Great Britain, the Isle of

Man or the Channel Islands in so far as such property is not otherwise insuredb) alterations, additions and improvements to existing fixtures, fittings and furniture and buildings at the premises but excluding

any appreciation in value of such property during the period of insurance

Provided thati) at any one situation or premises the liability of the Company shall not exceed 10% of the sum insured in the schedule on

such propertyii) the insured shall notify the Company of such capital additions as soon as possible and pay the appropriate additional premium

that may be required to provide retrospective cover from the commencement date of the insured’s liability for such propertyiii) following such notification the provisions of this clause are fully reinstated.

3 Contracting purchaserIf at the time of loss, destruction or damage to the buildings the insured shall have contracted to sell his interest in such buildingsand the purchase shall not have been but shall be thereafter completed, the purchaser on the completion of the purchase if and sofar as the buildings are not otherwise insured by or on behalf of the purchaser against such loss, destruction or damage shall beentitled to the benefit of this policy so far as it relates to such loss, destruction or damage without prejudice to the rights andliabilities of the insured or the Company under this policy up to the date of completion.

4 Debris removal costsa) The insurance by each item insuring buildings and other property and the sums insured in respect thereof extends to include

costs and expenses necessarily incurred by the insured with the consent of the Company ini) removing debrisii) dismantling or demolishingiii) shoring up or proppingof the portion or portions of such insured property lost, destroyed or damaged by any peril insured against but excluding anysuch costs or expenses incurred in respect of any item insuring stock or specified stock

b) Where stock or specified stock is insured the insurance by this sub-section extends to include costs and expenses necessarilyincurred by the insured with the consent of the Company in removing debris of the portion or portions of such insured propertylost, destroyed or damaged by any peril insured but the Company’s liability in respect of loss or destruction of or damage tostock or specified stock shall not be increased above the respective sum insured by the operation of this extension.

Provided that the Company will not be liable under this clause for any such costs or expenses(a) incurred in removing debris except from the site of such insured property so lost, destroyed or damaged and from the area

immediately adjacent to such site(b) arising from pollution or contamination of property not insured by this sub-section.

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5 ExtensionsExcept where specifically insured the buildings and contents ofa) outbuildings, annexes, tanks, bunds, gangways and conveniencesb) extensions adjoining or communicating with main buildings described herein are deemed to be insured under the respective

item applying to the main buildings.

6 Extinguishment expensesThis sub-section extends to include the cost of refilling fire extinguishing equipment used solely as a consequence of loss,destruction or damage caused by any peril insured.

The Company’s liability will not exceed £1,000 in any one period of insurance.

7 Interested partiesAny act or omission by the leaseholder, lessee, mortgagor or the insured or by any tenant occupying or using the buildings whichincreases the possibility of loss, destruction or damage shall not prejudice the insured interest of the freeholder, lessor ormortgagee.

Provided thata) such act or omission is entirely without the authority of and is unknown to or beyond the control of the freeholder, lessor

or mortgageeb) immediately the freeholder, lessor or mortgagee shall become aware of any such act or omission they shall give immediate

written notice thereof to the Company and pay an additional premium if required.

8 Loss of metered waterThis sub-section extends to include the cost of loss of metered water for which the insured is legally responsible arising from loss,destruction or damage at the premises caused by any peril insured.

The Company’s liability will not exceed £1,000 in any one period of insurance.

9 Non-invalidationThe insurance by this sub-section, other than in respect of loss destruction or damage by theft or any attempt thereat, shall not beinvalidated by any act or omission or by any alteration unknown to or beyond the control of the insured whereby the risk of loss,destruction or damage is increased.

Provided that immediately the insured shall become aware of any such act omission or alteration they shall give immediate writtennotice thereof to the Company and pay an additional premium if required.

10 Public authorities costsWithin the overall limit of the sum insured on buildings and other property except stock and specified stock and following loss,destruction or damage caused by any peril insured, the Company will pay the additional cost of reinstatement necessarily andreasonably incurred solely to comply with European Community Legislation or building or other regulations under or framed inpursuance of any Act of Parliament or Bye-Laws of any Public Authority in respect ofa) the lost, destroyed or damaged property insuredb) undamaged portions thereofexcludinga) any cost incurred in complying with such Legislation or regulations

i) in respect of damage occurring prior to the inception of this sub-sectionii) under which notice has been served upon the insured prior to the occurrence of any loss, destruction or damage hereby

insurediii) for which there is an existing requirement which has to be implemented within a given periodiv) in respect of property entirely undamaged

b) the additional cost that would have been required to make good the property lost, destroyed or damaged to a condition equalto its condition when new had the necessity to comply with such Legislation or regulations not arisen

c) the amount of any charge or assessment arising out of capital appreciation which may be payable in respect of the propertyor by the owner thereof by reason of compliance with such Legislation or regulations

Provided that1 the work of reinstatement must be completed within 12 months of the date of the loss, destruction or damage insured or

within such additional time as the Company may allow and may be carried out upon another site if such Legislation orregulations so necessitate subject to the liability of the Company not being increased

2 if the liability of the Company under any item of this sub-section apart from this clause shall be reduced by the application ofany of the terms and conditions of the policy then the liability of the Company under this clause in respect of such item shallbe reduced in the same proportion

3 the total amount recoverable under any item insured by this sub-section in respect of this clause shall not exceed:i) in respect of any property lost, destroyed or damaged 10% of the sum insuredii) in respect of undamaged portions of property (other than foundations) 10% of the total amount for which theCompany would have been liable had the property been wholly insured

4 the total amount recoverable under any item insured by this sub-section shall not exceed its sum insured

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11 Sanitary ware and underground service pipes or cablesThis sub-section extends to include the cost of reinstatement or repair following accidental damage toa) fixed sanitary ware and fittingsb) underground service pipes or cables extending from the public mains to the premises or the buildings.

Provided that the insured is legally responsible for the reinstatement or repair of such damage.

Our liability will not exceed £1,000 in any one period of insurance.

12 Subrogation waiverIn the event of a claim arising under this sub-section the Company agrees to waive any rights remedies or relief to which it maybecome entitled by subrogation againsta) any company standing in the relation of Parent to Subsidiary or Subsidiary to Parent to the insured as defined in the

Companies Act or Companies (N.I.) Order as appropriate current at the time of the loss, destruction or damageb) any company which is a Subsidiary of a Parent Company of which the insured are themselves a Subsidiary in each case within

the meaning of the Companies Act or Companies (N.I.) Order as appropriate current at the time of the loss, destruction ordamage.

13 Temporary removalThis section extends to include loss, destruction or damage caused by any peril insured to the undernoted property insured (otherthan stock) whilst temporarily removed from the premises to any other premises anywhere within the territorial limits includingtransit by road rail or inland waterwaya) computer systems records for an amount not exceeding £1,000b) deeds and documents (including stamps thereon) manuscripts plans and writing of every description and books (written and

printed) for an amount not exceeding 10% of the value of such propertyc) other property (other than stock and specified stock) for cleaning renovation repair or other similar purposes for an amount

not exceeding 10% of the sum insured on the item after deducting the value of any building (other than fixtures and fittings)stock and specified stock but excludingi) property more specifically insuredii) motor vehicles and motor chassis licensed for normal road useiii) property held by the insured in trust other than machinery and plant.

Provided that the Company will not be liable for loss, destruction or damage(a) to property in the open(b) caused by theft unless involving forcible and violent entry to or exit from a building.

14 Tenant’s improvementsProvided that a sum insured is shown for tenant’s improvements in the schedule, the insurance by this section is extended to applyto tenant’s improvements.Our liability will not exceed the sum insured stated against tenant’s improvements in the schedule.

15 Theft damage to the premisesIf this section insures loss, destruction or damage by peril 5 then this section is extended to include damage to the premisesresulting from theft or any attempt thereat involving forcible and violent entry thereto or exit therefrom.

Provided that the insured is legally responsible for the repair of such damage.

16 Theft of keysIf this section insures loss, destruction or damage by peril 5 then this section is extended to include the cost of replacing locks orkeys to the premises or any safe or strongroom therein resulting from loss of keys following their thefta) involving forcible or violent entry to the premises or the home of the insured or any authorised employeeb) by hold up involving assault or violence or threat thereof whilst such keys are in the personal custody of the insured or any

authorised employee.

Provided that the Company will not be liable for the cost of replacing locks or keys of any safe or strongroom following theft of thekeys if they are left on the premises outside business hours.

The Company’s liability will not exceed £1,000 in any one period of insurance.

17 Trace and accessIn the event of loss, destruction or damage at the premises caused by peril 12 or peril 15 where insured, this section extends toinclude costs necessarily and reasonably incurred with the consent of the Company ina) locating the source of such loss, destruction or damage in order to effect repairsb) making good.

The Company’s liability will not exceed £1,000 in any one period of insurance.

18 Unoccupied buildingsNotice is to be given to the Company when any buildings or portions thereof become unoccupied by any authorised person or whenany such unoccupied building or portion thereof is again occupied and a suitable additional premium paid if required.

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Glass

Definitions and interpretationFor the purposes of this section only

glass means plain plate or sheet or wired glass

CoverThe Company will indemnify the insured in respect ofa) i) breakage of or damage to fixed glass at the premises or in the buildings together with the necessary cost of temporary

boarding up pending replacementii) the reasonable cost of removal or replacement of fixtures and fittings to effect replacement and of repairing window and door

frames as a result of such breakage or damageb) breakage at the premises of fixed mirrors and fixed glass in showcases, counters and display cabinetsc) breakage of or damage to neon and illuminated signs and fixed glass therein.

Additional coverThe cover under this section is extended to include the followinga) i) loss, destruction or damage caused by breakage of glass to any property of the insured pertaining to the business and which

is on display in show windowsii) loss of stock or specified stock which as a result of such breakage of glass shall be condemned or destroyed as unfit for sale

in pursuance of any statutory requirement or by the order of a competent authority or with the agreement of the Company.

The Company’s liability in respect of any one occurrence will not exceed £500.

b) loss or destruction of or damage to any alarm foil or other security devices caused by the breakage of glass at the premises or inthe buildings.

The Company’s liability in respect of any one occurrence will not exceed £500.

c) loss or destruction of or damage to any armoured, bent or other special glass or lettering or designs superimposed on glass

The Company’s liability in respect of any one occurrence will not exceed £1,000.

Special exclusionsThe Company will not be liable under this section for1 the first £250 of each claim2 any breakage or damage in respect of premises which are unoccupied3 glass which was flawed, broken or cracked before the insurance commenced4 superficial scratching, chipping or cracking5 breakage or damage caused by or occurring through the insufficiency of the foundation or fabric of the premises or buildings in

which the glass is situate6 breakage or damage due to dilapidation of frames or framework7 breakage or damage due to insecure fitting8 breakage or damage caused during installation or removal or whilst alterations or repairs are being effected to the premises or buildings9 breakage of or damage to

a) glass in greenhouses or conservatoriesb) glass in lantern lights or in skylights or any other glass in roofs

10 breakage of or damage toa) neon and illuminated signs and fixed glass therein

i) arising from adjustment, repair, dismantling or erection of any part of the sign or to any part whilst removed from itsnormal working position

ii) arising from mechanical breakdown of the sign or any part thereofb) any part of any neon or illuminated sign caused by its own ignition, electrical breakdown or burn outc) tubes in any neon or illuminated sign unless the glass is fractured at the same time

11 losses not directly associated with the incident that caused you to claim.

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MoneyDefinition and interpretationFor the purposes of this section only

non negotiable money means crossed cheques postal orders money orders bankers drafts national giro drafts and payment orders,dividend warrants, national savings certificates, unused postal franking machine units, stamped or impressed national insurance cards,holiday with pay stamps, premium bonds, VAT purchase invoices, credit card cheque card and debit card sales vouchers and consumerredemption vouchers.

CoverThe Company will indemnify the insured in respect of physical loss of money occurring within the territorial limits.

Additional coverThe cover under this section is extended to include the following

SafesThe cost of repair or replacement, following theft or attempted theft, of anya) safeb) postal franking machinec) security case, bag or waistcoat used to carry money.

The Company’s liability will not exceed £2,000 in any one period of insurance.

Credit CardsAny amount for which the insured becomes liable under the terms of issue of any bank charge credit debit or cash card issued and usedonly in connection with the business following fraudulent use by any unauthorised person

Provided that the insured reports the loss to the issuing company immediately and to the Police within 24 hours of discovering the lossand has complied with the terms and conditions of issue of the card

The Company’s liability will not exceed £500 in any one period of insurance.

Limits of liabilityThe Company’s liability will not exceed the limits stated below in respect of any one occurrence

Item Limit1 non negotiable money £250,0002 money, other than non negotiable money, whilst

a) in transit in the personal custody of the insured or any authorisedemployee or whilst contained in a bank night safe £2,000

b) on the premises during business hours £2,000c) on the premises outside business hours contained in locked safes £1,000d) on the premises outside business hours not contained in a locked safe £ 350e) in the home of the insured or any authorised employee £ 500

Special exclusionsThe Company will not be liable under this section for1 the first £50 of each claim2 clerical or accounting errors or shortages due to error or omission3 any loss due to the fraud or dishonesty of any director, partner or employee unless the loss is discovered within seven working days

of the date of its occurrence4 loss caused by dishonoured cheques or by the use of counterfeit money5 loss from any unattended vehicle6 loss from any coin-operated vending, gaming or amusement machine or payphone7 loss, destruction or damage caused by theft or attempted theft occurring outside business hours to any till or cash register unless

its drawer has been left in an open position8 losses not directly associated with the incident that caused you to claim9 loss of money on the premises during business hours not contained in a locked safe, locked desk or locked filling cabinet

Special conditionIt is a condition precedent to the liability of the Company thata) a true and complete account shall be kept of all money in transit and on the premises and such record shall be deposited in a secure

place other than in any safe containing the moneyb) during business hours any safe shall be kept locked other than when money or other property is being placed therein or removed

therefrom and the keys kept in the personal custody of the insured or any authorised employee.c) outside business hours any safe shall be kept locked and its keys removed from the premises.d) one copy of each completed credit card voucher shall be kept at all times in a secure place separate from its counterpart.

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Personal Assault

Definitions and interpretationFor the purposes of this sub-section only

insured person means the insured or any director, partner or employee of the insured aged between 16 and 65 years

loss of limb means total loss by physical severance of one or more limbs at or above the wrist or ankle or total and permanent loss ofuse of any entire limb

loss of sight means total and irrecoverable loss of sight in one or both eyes

permanent total disablement means permanent and absolute disablement from engaging in or giving attention to occupation orbusiness of any kind

temporary total disablement means temporary and absolute disablement from engaging in or giving attention to usual occupation.

CoverThe Company will pay as compensation to the insured or the legal personal representative of the insured the relevant amount shownbelow if in the course of the business an insured person sustains accidental bodily injury consequent upon robbery or hold up or anyattempt thereat occurring within the territorial limits and such bodily injury directly and independently of any other cause results withintwelve months in death loss or disablement as stated in the Results

Results Compensation1 Death £20,0002 Loss of limb £20,0003 Loss of sight £20,0004 Permanent total disablement £20,0005 Temporary total disablement £ 50 per week

Additional coverThe cover under this sub-section is extended to include damage to personal effects of an insured person arising in connection with thebusiness as a direct result of robbery or hold up or any attempt thereat for an amount not exceeding £250 any one insured person.

Special exclusionsThe Company will not be liable under this sub-section for death loss or disablement caused by1 an insured person being under the influence of or being affected by intoxicating liquor or drugs except drugs taken in accordance

with proper medical prescription and directions and not for the treatment of drug addiction2 pregnancy or childbirth3 any pre-existing physical or mental disability or infirmity, medical condition or chronic or recurring ailment4 any communicable disease including acquired immune deficiency syndrome (AIDS) or an AIDS related condition.

Special conditions1 Compensation shall not be payable for more than one of Results 1-4 in respect of any one insured person.2 Compensation shall not be payable for Result 5

a) until the end of the period of disablement but the Company will on request make interim payments at intervals of not less thanfour weeks

b) for more than 104 weeks from the date of sustaining injury in respect of any one bodily injury3 The total amount payable as compensation under Result 5 shall be deducted from any subsequent compensation payment under

Results 1-4 that follows from the same cause4 An insured person shall as often as required submit to a medical examination on behalf of the Company at its own expense and in

the case of death the Company shall be entitled to have a post mortem examination at its own expense.

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Loss of RevenueThis section is applicable only if a sum insured is shown for Loss of Revenue in the schedule.

CoverIn the event of damage to any building or other property or any part thereof used by the Insured at the premises for the purpose of thebusiness or to any of the Insured’s records of outstanding debit balances contained within the premises, the Company will by paymentindemnify the Insured in respect ofa) any loss of gross revenue or additional expenditure incurred as a result of the business at the premises being interrupted or

interfered with in consequence of such damage provided that at the time of the happening of the damage there shall be in force aninsurance covering the Insured’s interest in the property at the premises against such damage and that payment shall have beenmade or liability admitted therefor under such insurance

b) any net outstanding debit balances which the Insured are unable to recover from customers during the indemnity period as a resultof damage to such records and any additional expenditure incurred after such damage in tracing and establishing outstanding debitbalances

c) professional accountants’ charges incurred in accordance with the basis of claims settlement.

Additional coverLoss as insured by this section resulting from interruption of or interference with the business in consequence of1 damage to property in the vicinity of the premises which prevents or hinders the use of or prevents access to the premises but

excluding damage to property of any public utility from which the Insured obtain supplies or services2 damage to property at any

i) generating station or sub-station of the public electricity supply undertakingii) land based premises of the public gas supply undertaking or of any natural gas producer linked directly therewithiii) land based premises of the public telecommunications undertakingiv) waterworks or pumping station of the public water supply undertaking within the territorial limits from which the Insured

obtain electricity, gas or water supplies or telecommunication services3 accidental failure of public supplies of electricity, gas or water at the terminal ends of the public supply undertaking‘s feed

to the premises excepti) in consequence of a deliberate act of any supply authority or the exercise by any such authority of its power to withdraw or

restrict supplyii) where such failure is for a period of less than sixty minutesiii) in consequence of a fault in any part of the installation belonging to the Insured

4 damage to plans, deeds, briefs, manuscripts, books, documents and office records whilst temporarily removed from the premisesto elsewhere within the territorial limits

5 the compulsory closure of the premises by order of any competent public authority following:a) the occurrence at the premises of murder or suicideb) the occurrence at the premises of any outbreak of a notifiable human infectious or contagious diseasec) defective sanitation of the premises or the presence at the premises of vermin or pests;d) injury or illness of any person traceable to food or drink sold, supplied or provided at the premises;

The Company’s liability under each of 5 a), b), c), and d) will not exceed £10,000 in any one period of insurance.

Limit of liabilityThe Company’s liability in respect of loss of gross revenue or net outstanding debit balances and their associated additional expenditureand accountants’ charges shall not exceed in the aggregate in respect of any one occurrence nor in all in any one period of insurancethe sum insured in the schedule.

Basis of claims settlementThe Company’s liability shall not exceeda) the amount by which the gross revenue during the indemnity period shall fall short of the standard gross revenue in consequence

of the damage less any amount saved during the indemnity period in respect of such of the charges and expenses of the businesspayable out of gross revenue as may cease or be reduced in consequence of the damage

b) the additional expenditure necessarily and reasonably incurred in increase in cost of working for the sole purpose of avoiding ordiminishing the reduction in gross revenue which but for that expenditure would have taken place during the indemnity period inconsequence of the damage, but not exceeding the amount of reduction in gross revenue thereby avoided

c) the amount by which the net outstanding debit balances traced and received after the damage and during the indemnity periodfalls short of the outstanding debit balances at the time of such damage provided that the Company’s liability shall not exceed£10,000 in respect of any one occurrence

d) the reasonable charges payable to the Insured’s professional accountant which may be incurred for producing and reporting ondetails required by us under the terms of General Condition 5.

e) Additional Increase in Cost of WorkingAdditional expenditure necessarily and reasonably incurred by the Insured during the indemnity period in excess of the amountpayable under the Gross Revenue basis (as applicable) for the sole purpose of:1. avoiding or diminishing the reduction in turnover if the Basis of claims settlement is gross profit or

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2. avoiding or diminishing the reduction in gross revenue or3. avoiding or diminishing a reduction in gross rent receivablein order to resume or maintain normal business operations.

f ) Increased Cost of Working onlyAdditional expenditure necessarily and reasonably incurred by the Insured during the indemnity period within which increases inthe cost of working that is incurred in consequence of the damage for the purpose of avoiding or diminishing a reduction in turnoveror in gross revenue earned as applicable at the premises or for the purpose of resuming or maintaining the business less anysavings in charges or expenses that may be made in consequence of the damage.

Special exclusionsThe Company will not be liable under this section for1 increased metered water charges except where such increased charges are caused by any peril insured against under Section 4 of

this policy2 loss due to

a) erasure loss distortion or corruption of information on computer systems or other records programs or software causeddeliberately by rioters strikers locked-out workers persons taking part in labour disturbances or civil commotion or maliciouspersons

b) other erasure loss distortion or corruption of information on computer systems or other records programs or software unlessresulting from any of the perils 1 to 15 of the Property Damage Section of this policy in so far as it is not otherwise excluded

Special conditions1 The insurance by this section shall not apply if the business be wound up, permanently discontinued or carried on by a liquidator

or receiver.2 At the end of each month the Insured shall record the total amount outstanding in customers’ accounts and shall maintain a

separate record, in addition to the books of account, in a place other than the premises.3 If at the time of any damage the sum insured on gross revenue be less than the gross revenue which it is estimated would have

been earned during the maximum indemnity period had such damage not occurred, then the amount payable in respect of loss ofgross revenue and associated additional expenditure shall be proportionately reduced.

Additional clauses(a) Alternative trading

If during the indemnity period work shall be done or services shall be rendered elsewhere than at the premises for the benefit ofthe business either by the Insured or by others on the Insured’s behalf the money paid or payable in respect of such work orservices shall be brought into account in arriving at the gross revenue during the indemnity period.

(b) New businessFor the purpose of any claim arising from damage occurring before the completion of the first year’s trading of the business at thepremises, the terms “annual gross revenue” and “standard gross revenue” stated above are amended to “annual gross revenue(new business)” and “standard gross revenue (new business)” respectively.

(c) Payments on accountPayments on account may be made to the Insured during the indemnity period at the Company’s discretion subject to anynecessary adjustment at the termination of such period.

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Employers’ Liability

Definitions and interpretationFor the purposes of this section only

act of terrorism means an activity thata) involves a violent act or the unlawful use of force or an unlawful act dangerous to human life, tangible or

intangible property or infrastructure, or a threat thereof; andb) appears to be intended to

i) intimidate or coerce a civilian population, orii) disrupt any segment of the economy of a government de jure or de facto, state or country, oriii) overthrow, influence, or affect the conduct or policy of any government de jure or de facto by intimidation

or coercion, oriv) affect the conduct of a government de jure or de facto by mass destruction, assassination, kidnapping or

hostage taking

bodily injury means death, injury, illness, disease or shock

business means the business as stated in the schedule includinga) provision and management of catering, social, sports, educational and welfare facilities for the benefit of employees, first

aid, medical, ambulance, fire and security services and maintenance of the insured’s premisesb) private duties undertaken by an employee for the insured, or, with the insured’s consent, for any director, partner or

official of the insuredc) ownership and maintenance of buildings, premises and land used in connection therewithd) participation as an exhibitor at trade shows or exhibitions

Child carer means anyone who is eithera) under a contract of service or apprenticeship with the insuredorb) self-employed but represented by the insured to look after children for clients of the insured.

employeemeans any person under a contract of service or apprenticeship with the insured or supplied to or hired to or borrowed by theinsured including any person under a work experience training scheme but excluding child carers, whilst engaged in work inconnection with the business.

CoverThe Company will indemnify the insured against all amounts which the insured shall become legally liable to pay as damages in respectof accidental bodily injury to any employee if such injury arises out of and in the course of his employment by the insured in the businessand occurringa) during the period of insuranceb) within the territorial limits

Additional coverThe cover under this section is extended to include the following

Cross liabilitiesWhere there is more than one person named as the insured in the schedule this section shall apply separately to each named person asif each is insured by a separate policy, provided always that the maximum liability of the Company in the aggregate for damages to allparties insured shall not exceed the Limit of liability.

Health and Safety at Work etc. Act 1974The Company will indemnify the insured and, at the request of the insured, any director, partner or employee of the insured against legalcosts and expenses incurred, with the Company’s written consent, in the defence of any criminal proceedings brought in respect of a breachof the Health and Safety at Work etc. Act 1974 committed or alleged to have been committed during the period of insurance, including legalcosts and expenses incurred with the written consent of the Company in an appeal against conviction arising from such proceedings.

Corporate ManslaughterWe will indemnify you againsta) legal costs and expenses incurred with our prior written consent andb) prosecution costs awarded against you in the defence of any criminal proceedings including an appeal against conviction arising from

such proceedings brought under The Corporate Manslaughter and Corporate Homicide Act 2007 as a result of any death happening inconnection with the business during the period of insurance and which may be the subject of indemnity under this section.

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Provided thati) our liability under this extension shall not exceed the limit of indemnity stated in the section and/or schedule during any one period

of insuranceii) all amounts payable under this extension will form part of and not be in addition to the limit of indemnity stated in the scheduleii) where we have already provided an indemnity in respect of any legal costs or expenses incurred in connection with the defence of

any criminal proceedings, including appeals against conviction arising from such proceedings brought under The CorporateManslaughter and Corporate Homicide Act 2007 arising out of the same occurrence which gave rise to such proceedings, anyamount paid or payable by us will be deducted from the amount payable under this extension

iv) we agree in writing to the appointment of any solicitor or council who is to act on your behalf prior to their appointment.We will not be liable fori) any fines or penalties or the cost of implementing any remedial order or publicity orderii) an appeal against any fines penalties remedial order or publicity orderiii) any costs incurred which result from the failure to comply with any remedial order or publicity orderiv) costs and expenses in connection with an appeal unless advice has been obtained from solicitors or counsel that there are strong

prospects of successv) costs and expenses in connection with the defence of any criminal proceedings resulting from any deliberate or intentional criminal

act or omission by you or any of your directors, partners or employeesvi) costs and expenses provided by any other source or any other insurance or where but for the existence of this extension would

have been provided by such source or insurancevii) costs and expenses in connection with the defence of any criminal proceedings unless such proceedings are brought against you

in a Court of Law in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands.

Court attendanceIn the event of any your directors, partners or employees attending court as a witness at our request in connection with any claim forwhich an indemnity is provided by this section, we will pay compensation to you at the rate of £250 per day for each day on which suchattendance is required.

The Company will not be liable fora) fines and penalties of any kindb) legal costs and expenses where an indemnity is provided by any other insurancec) proceedings arising out of any deliberate act or omission by the insuredd) more than £10,000 in any one period of insurance.

Indemnity to other personsThe Company will indemnify at the request of the insureda) any director, partner or employee of the insuredb) any officer, committee member or other person employed by the insured’s catering, social, sports, educational or welfare

organisations or first aid, medical, ambulance, fire or security servicesc) any director, partner or official for whom with the consent of the insured an employee is undertaking private workd) any principal or public or local authority as far as is necessary to meet the requirements of any contract or agreement entered into

by the insured for the performance of worke) the owner of plant hired by the insured but only to the extent of the conditions of hiref ) any legal representative of any of the above in the event of their death against legal liability in respect of which the insured would

have been entitled to indemnity under this policy if the claim had been made against the insured.

Provided thati) any person indemnified is not entitled to indemnity under any other insuranceii) any person indemnified shall observe, fulfil and be subject to the terms and conditions of the policy as far as they can applyiii) the Company will retain the sole conduct and control of any claimiv) the maximum liability of the Company in the aggregate for damages to the insured and any such persons shall not exceed the Limit

of liability.

Limit of liabilityThe Company’s liability in respect ofa) accidental bodily injury to employeesb) all legal costs recoverable from the insured by any claimantc) any other costs and expenses of litigation incurred with the Company’s written consentd) solicitors’ and counsels’ fees for legal representation at any coroner ’s inquest or fatal accident inquirye) the costs incurred, with the Company’s written consent, for defending in a Court of Summary Jurisdiction any proceedings arising

out of any alleged breach of statutory duty in respect of any cause which may be the subject of indemnity under this section of thepolicy arising out of and in the course of employment in the business will not exceedi) £5,000,000 as regards bodily injury which is directly or indirectly caused by, contributed to by, results from or arises out of or

in connection with any act of terrorism or any action taken in controlling, preventing, suppressing, retaliating againstresponding to or in any way relating to any act of terrorism

ii) the amount stated in the schedule as regards any other bodily injuryin respect of any one claim against the insured or series of claims against the insured arising out of one cause.

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Special exclusionsThe Company will not be liable under this section in respect of1 liability arising from and or caused by any processes or work in connection with any of the following

a) asbestosb) power stations, nuclear installations or establishmentsc) refineries, bulk storage or production premises in the oil, gas or chemical industriesd) offshore installations, oil or gas rigs

Definition and interpretation - for the purposes of this Special exclusion only• offshore installation means any platform or rig or any aircraft or vessel servicing a platform or rig• it is understood that any person is deemed to be ‘offshore’ as from the time when they embark onto a conveyance at the

point of final departure to an offshore installation and that any person shall continue to be deemed ‘offshore’ until suchtime as they disembark from any conveyance onto land upon their return from an offshore installation.

e) railways or railway installationsf ) towers, steeples, chimney shafts, bridges, viaducts, dams, reservoirs, wells, tunnels, mines, quarries or blast furnacesg) aircraft, aerospatial devices, hovercraft, watercraft other than hand propelled watercraft and other watercraft not exceeding

twenty feet in lengthh) work underground, underwater or airsidei) loading or discharging of vessels or other work on shipsj) piling or the use of explosivesk) any demolition unless such work forms part of a contract for construction, alteration, maintenance or repair and prior

permission for any such demolition is obtained in writing by the insured from the Company2 damages for bodily injury unless the action is brought against the insured in a Court of Law in Great Britain, Northern Ireland, the

Isle of Man or the Channel Islands.3 bodily injury to any childcarer.

Special conditions1 The indemnity granted includes protection to the insured as required by any law relating to compulsory insurance of the employer’s

legal liability to his employees whilst employed in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands but theinsured shall repay to the Company all sums paid by the Company which the Company would not have been liable to pay but forthe provisions of such law.

2 The Company may at any time pay to the insured the amount of the Limit of liability less any amount already paid, or any lesseramount for which any claim or claims can be settled and shall then cease to have the conduct and control of the negotiations,actions or proceedings and be under no further liability in respect of such claim or claims except for costs and expenses incurredprior to the date of such payment.

3 If this policy or this section is cancelled then any Certificate of Employers’ Liability insurance issued by the Company is deemed tobe cancelled at the same time.

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Public and Products Liability

Definitions and interpretationFor the purposes of this section only

act of terrorism means an activity thata) involves a violent act or the unlawful use of force or an unlawful act dangerous to human life, tangible or

intangible property or infrastructure, or a threat thereof; andb) appears to be intended to

i) intimidate or coerce a civilian population, orii) disrupt any segment of the economy of a government de jure or de facto, state or country, oriii) overthrow, influence, or affect the conduct or policy of any government de jure or de facto by intimidation

or coercion, oriv) affect the conduct of a government de jure or de facto by mass destruction, assassination, kidnapping or

hostage taking

bodily injury means death, injury, illness, disease or shock

business means the business as stated in the schedule includinga) provision and management of catering, social, sports, educational and welfare facilities for the benefit of employees, first

aid, medical, ambulance, fire and security services and maintenance of the insured’s premisesb) private duties undertaken by an employee for the insured, or, with the insured’s consent, for any director, partner or

official of the insuredc) ownership and maintenance of buildings, premises and land used in connection therewithd) participation as an exhibitor at trade shows or exhibitions

Child carer means anyone who is eithera) under a contract of service or apprenticeship with the insuredorb) self-employed but represented by the insured to look after children for clients of the insured.

employee means any person under a contract of service or apprenticeship with the insured or supplied to or hired to or borrowed bythe insured including any person under a work experience training scheme but excluding child carers, whilst engaged inwork in connection with the business.

products means any goods, including containers, packaging, labelling and instructions for use, sold, supplied, processed, delivered,installed, tested, repaired, serviced, altered, treated or hired out by the insured in connection with the business from thepremises and no longer in the insured’s possession or control.

CoverThe Company will indemnify the insured against all amounts which the insured shall become legally liable to pay as damages in respect ofa) accidental bodily injury to any personb) accidental loss or destruction of or accidental damage to material propertyc) accidental obstruction, accidental trespass or accidental nuisance resulting in interference with or loss of enjoyment of material

property happening in connection with the business and occurringi) during the period of insuranceii) within the territorial limits

Additional coverThe cover under this section is extended to include the following

Contingent motor liability (non-owned vehicles)Notwithstanding Special exclusion 2 iii) the Company will indemnify the insured named in the schedule and no other for the purposesof this extension in respect of legal liability for accidental bodily injury to any person or accidental loss or destruction of or accidentaldamage to material property arising out of the use of any motor vehicle not the property of nor provided by the insured but being usedin connection with the business.

Provided that the Company shall not be liable under this extensiona) in respect of loss or destruction of or damage to such vehicle or to goods conveyed therein or thereonb) for bodily injury to any person or loss or destruction of or damage to property arising while such vehicle is being driven by

i) the insuredii) any person who to the knowledge of the insured or his representative does not hold a licence to drive such vehicle unless such

person has held and is not disqualified for holding or obtaining such a licencec) in respect of liability more specifically insured under any other insuranced) in respect of liability arising outside the territorial limits.

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Corporate ManslaughterWe will indemnify you againsta) legal costs and expenses incurred with our prior written consent andb) prosecution costs awarded against you in the defence of any criminal proceedings including an appeal against conviction arising

fromsuch proceedings brought under The CorporateManslaughter and Corporate Homicide Act 2007 as a result of any deathhappening in connection with the business during the period of insurance and which may be the subject of indemnity under thissection.

Provided thati) our liability under this extension shall not exceed the limit of indemnity stated in the schedule during any one period of insuranceii) all amounts payable under this extension will form part of and not be in addition to the limit of indemnity stated in the scheduleiii) where we have already provided an indemnity in respect of any legal costs or expenses incurred in connection with the defence of

any criminal proceedings including appeals against conviction arising from such proceedings brought under The CorporateManslaughter and Corporate Homicide Act 2007 arising out of the same occurrence which gave rise to such proceedings anyamount paid or payable by us will be deducted from the amount payable under this extension

iv) we agree in writing to the appointment of any solicitor or counsel who is to act on your behalf prior to their appointment.

We will not be liable fori) any fines or penalties or the cost of implementing any remedial order or publicity orderii) an appeal against any fines, penalties, remedial order or publicity orderiii) any costs incurred which result from the failure to comply with any remedial order or publicity orderiv) costs and expenses in connection with an appeal unless advice has been obtained from solicitors or council that there are strong

prospects of successv) costs and expenses in connection with the defence of any criminal proceedings resulting from any deliberate or intentional criminal

act or omission by you or any of your directors partners or employeesvi) costs and expenses provided by any other source or any other insurance or where but for the existence of this extension would

have been provided by such source or insurancevii) costs and expenses in connection with the defence of any criminal proceedings unless such proceedings are brought against you

in a Court of Law in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands.

Court attendanceIn the event of any your directors, partners or employees attending court as a witness at our request in connection with any claim forwhich an indemnity is provided by this section, we will pay compensation to you at the rate of £250 per day for each day on which suchattendance is required.

Cross liabilitiesWhere there is more than one person named as the insured in the schedule this section shall apply separately to each named person asif each is insured by a separate policy, provided always that the maximum liability of the Company in the aggregate for damages to allparties insured shall not exceed the Limit of liability.

Defective Premises Act 1972The Company will indemnify the insured against all amounts which the insured shall become legally liable to pay as damages in respectof accidental bodily injury to any person or accidental loss or destruction of or accidental damage to material property occurring duringa period of seven years immediately following disposal by the insured of buildings that have been insured by Section 1 - PropertyDamage of this policy.

Provided that such liability is incurred in connection with such buildings and by virtue of Section 3 of the Defective Premises Act 1972.

The Company will not be liablea) if at the date of their disposal by the insured such buildings were not insured by this policy or any other policies in respect of which

this policy has been issued in substitutionb) for the cost of repairing or rectifying any defect or alleged defect in such buildingsc) if the insured is entitled to indemnity under any other policy.

Health and Safety at Work etc. Act 1974The Company will indemnify the insured and, at the request of the insured, any director, partner or employee of the insured against legalcosts and expenses incurred, with the Company’s written consent, in the defence of any criminal proceedings brought in respect of a breachof the Health and Safety at Work etc. Act 1974 committed or alleged to have been committed during the period of insurance, including legalcosts and expenses incurred with the written consent of the Company in an appeal against conviction arising from such proceedings.

The Company will not be liable fora) fines and penalties of any kindb) legal costs and expenses where an indemnity is provided by any other insurancec) proceedings arising out of any deliberate act or omission by the insuredd) more than £10,000 in any one period of insurance.

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Indemnity to other personsThe Company will indemnify at the request of the insureda) any director, partner or employee of the insuredb) any officer, committee member or other person employed by the insured’s catering, social, sports, educational or welfare

organisations or first aid, medical, ambulance, fire or security servicesc) any director, partner or official for whom with the consent of the insured an employee is undertaking private workd) any principal or public or local authority as far as is necessary to meet the requirements of any contract or agreement entered into

by the insured for the performance of worke) the owner of plant hired by the insured but only to the extent of the conditions of hiref ) any legal representative of any of the above in the event of their deathagainst legal liability in respect of which the insured would have been entitled to indemnity under this policy if the claim had been madeagainst the insured.

Provided thati) any person indemnified is not entitled to indemnity under any other insuranceii) any person indemnified shall observe, fulfil and be subject to the terms and conditions of the policy as far as they can applyiii) the Company will retain the sole conduct and control of any claimiv) the maximum liability of the Company in the aggregate for damages to the insured and any such persons shall not exceed the Limit

of liability.

Leased, hired and rented premisesIn the event of any premises being leased, hired or rented to or in the custody of or under the control of the insured, Special exclusion3 relating to such property shall be deemed not to apply.

Provided that the Company will not be liable in respect ofa) liability assumed by the insured under a contract or under a tenancy or other agreement if such liability would not have attached

in the absence of such contract or agreementb) the first £250 of each claim.

Limit of liabilityThe Company’s liability in respect of damages for any occurrence giving rise to any one claim against the insured or series of claimsagainst the insured arising out of one cause will not exceed the amount stated in the schedule.

The Company will also paya) all legal costs recoverable from the insured by any claimantb) any other costs and expenses of litigation incurred with the Company’s written consentc) solicitors’ and counsels’ fees for legal representation at any coroner ’s inquest or fatal accident inquiryd) the costs incurred, with the Company’s written consent, for defending in a Court of Summary Jurisdiction any proceedings arising

out of any alleged breach of statutory duty in respect of any cause which may be the subject of indemnity under this section of thepolicy.

Special exclusionsThe Company will not be liable under this section in respect of1 bodily injury to any employee arising out of and in the course of his employment by the insured in the business2 a) loss or destruction of or damage to property

b) bodily injury sustained by any personarising from the ownership, possession or use by or on behalf of the insured ofi) any aircraft, aerospatial device, hovercraft, watercraft, caravan or animalii) any lift, elevator, hoist, crane, steam boiler or other apparatus operating under steam pressure, for which a statutory

inspection certificate is required but which is not in forceiii) any mechanically propelled vehicle or plant or trailer attached thereto in circumstances in respect of which insurance or

security is necessary to meet the requirements of road traffic legislation3 loss or destruction of or damage to

a) property owned by or leased, hired or rented to the insuredb) property belonging to or held in trust by or in the custody of or under the control of the insured or any director, partner or

employee of the insured other thani) personal property of directors, partners or employeesii) the property of customers or visitors temporarily on or about the premises, but excluding all property undergoing or awaiting

testing, repair, servicing, alteration, maintenance, cleaning or inspection4 liability which attaches solely under the terms of any contract or agreement if such liability would not have attached in the absence

of such contract or agreement5 liability arising from or caused by

a) breach of professional dutyb) the provision of advice or any plan, design, formula or specification given separately for a feec) any diagnosis, treatment (other than first aid treatment), therapy, medical advice, aerobic or other fitness related instruction

given or performed or administration of drugs or medicines

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d) the use of solaria, sunbeds, saunas and hydro-massage facilitiese) loss or destruction of or damage to property, buildings or land caused by vibration or by the removal or weakening of support

6 loss or destruction of or damage to products nor the cost of making good or recalling such products7 loss or destruction of or damage to that part of any property upon which the insured is or has been working8 liability arising directly or indirectly out of exposure or inhalation of, or fears of the consequence of exposure to, or inhalation of

asbestos9 the cost of cleaning up or removal of or damage to property arising out of any asbestos10 liability at law for loss, damage, cost or expense of whatsoever nature directly or indirectly arising out of, contributed by, caused

by, resulting from, or in connection with any of the following, or any action taken in controlling, preventing, suppressing, retaliatingagainst or responding to any of the following, regardless of any other cause or event contributing concurrently or in any othersequence of the loss:i) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, mutiny,

revolution, rebellion, insurrection, uprising, military or usurped power, confiscation by order of any public authority orgovernment de jure or de facto or martial law; or

ii) riots, strikes or civil commotion; oriii) any act of terrorismIf the Company alleges that by reason of this Special exclusion any actual or alleged losses, liabilities, damages, injuries, defencecosts, costs or expenses is not covered by this section the burden of proving the contrary shall be upon the insured

11 fines, penalties or liquidated, punitive or exemplary damages12 damages for bodily injury or loss or destruction of or damage to property unless the action is brought against the insured in a Court

of Law in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands13 liability arising from the actions or omissions of any childcarer14 the first £250 of each claim in respect of loss or destruction of or damage to property occurring away from the premises

Special conditionThe Company may at any time pay to the insured the amount of the Limit of liability less any amount already paid, or any lesser amountfor which any claim or claims can be settled and shall then cease to have the conduct and control of the negotiations, actions orproceedings and be under no further liability in respect of such claim or claims except for costs and expenses incurred prior to the dateof such payment.

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All Risks

Definitions and interpretationFor the purposes of this section only

overnight means between 2100 hours and 0600 hours

property means those items pertaining to the business and described in the schedule all belonging to the insured or for which theinsured is legally responsible

territorial limits means Great Britain, Northern Ireland, the Isle of Man or the Channel Islands

CoverThe Company will indemnify the insured in respect of loss, destruction or damage to the property insured described in the schedulecaused by any accident or misfortune occurring within the territorial limits shown in the schedule as applicable to the property insured.

Limits of liabilityThe Company’s liability in respect of any one occurrence will not exceed the sum insured against each item in the schedule nor in all theaggregation of the sums insured by this section.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the adequacy of the sums insured and to the Limits ofliability the Company will pay the cost of repairing or replacing the property equal to its condition when new provided thata) this is carried out without delay and in the most economical mannerb) when property is partially lost, destroyed or damaged the Company’s liability shall not exceed the estimated replacement cost

which would have been payable had it been wholly lost or destroyedc) until replacement has been carried out no payment shall be made beyond the amount which would be payable if an allowance were

made for wear, tear or depreciationd) the sum insured against each item in the schedule is separately subject to General Condition 18 Underinsurance which for the

purposes of this section shall be deemed to read -whenever a sum insured is declared to be subject to this underinsurance condition, if at the time of repair or replacement theamount representing the cost which would have been incurred in repair or replacement if the whole of the property insuredby any item insured hereby had been lost or destroyed exceeds the sum insured by such item at the time of the loss,destruction or damage, then the insured shall be considered as being his own insurer for the difference and shall bear arateable proportion of the loss

e) where for any reason no payment is to be made on the basis of repair or replacement as new (liability being otherwise admitted)then the liability of the Company will be arrived at as if this basis of claims settlement had not been incorporated herein and thebasis of claims settlement shall then be deemed to read -

following loss, destruction or damage insured by this section and subject to the adequacy of the sums insured and to theLimits of liability the Company will pay the cost of repair or replacement of the property at the time of the loss, destruction ordamage after due allowance for wear, tear or depreciation.

Special exclusionsThe Company will not be liable under this section for1 loss, destruction or damage caused by or consisting of

a) wear, tear or depreciation or diminution in valueb) inherent vice, latent defect, defective design, plan or specification or the use of faulty materialsc) faulty or defective workmanship operational error or omission on the part of the insured or any employee of the insured d)

marring, scratching, denting, mechanical or electrical defect, failure, breakdown or derangemente) atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust, corrosion, woodworm, moths,

insects, vermin or pestsf ) any process involving heating, drying, cleaning, dyeing, staining, repairing, restoring, renovating, fitting, alteration or

maintenance of any propertyg) use of any article contrary to manufacturers’ instructionsh) storm or flood unless the property is contained in an enclosed vehicle or in a buildingi) change in temperature colour flavour texture or finish

2 loss, destruction or damage by theft or attempted theft froma) any unattended vehicleb) any unattended building unless all security devices are put into full and effective operation and such theft or attempted theft

involves forcible and violent entry to or exit from the building3 breakage of brittle articles unless forming part of photographic equipment4 losses not directly associated with the incident that caused you to claim5 the first £250 of each claim.

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Legal Expenses

This is your Commercial Legal Expenses Section

This section is underwritten by DAS Legal Expenses Insurance Company Limited.

This section will cover the insured person in respect of any insured incident arising in connection with the business.

We agree to provide the insurance in this section as long as:

a) the date of occurrence of the insured incident happens during the period of insurance and within the territorial limits; andb) any legal proceedings will be dealt with by a court, or other body which we agree to, in the territorial limits; andc) in civil claims it is always more likely than not that an insured person will recover damages (or obtain any other legal remedy which

we have agreed to) or make a successful defence.

For all insured incidents, we will help in appealing or defending an appeal as long as the insured person tells us within the time limitsallowed that they want us to appeal. Beforewe pay any costs and expenses for appeals,wemust agree that it is always more likely thannot that the appeal will be successful.

If a representative is used, we will pay the costs and expenses incurred for this.

We will pay Compensation Awards that we have agreed to.

Limit of LiabilityThe mostwewill pay for all claims resulting from one or more event arising at the same time or from the same originating cause is shownas the limit of indemnity in the schedule.

Cover

1 Employment Disputes and Compensation Awards(a) Employment DisputesWe will defend your legal rights:(1) prior to the issue of legal proceedings in a court or tribunal following the dismissal of an employee; or(2) in the resolution of unfair dismissal disputes under the ACAS Arbitration Scheme; or(3) in legal proceedings in respect of any dispute with

(a) an employee or ex-employee or a trade union acting on behalf of an employee or ex-employee which arises out of, orrelates to, a contract of employment with you; or

(b) an employee, prospective employee or ex-employee arising from an alleged breach of their statutory rights underemployment legislation.

Special exclusions(1) Any claim in respect of damages for personal injury or loss of or damage to property.(2) Any claim arising from or relating to any transfer of business which falls within the scope of the Transfer of Undertakings (Protection

of Employment) Regulations 2006 or the Transfer of Employment (Pension Protection) Regulations 2005.

(b) Compensation AwardsWe will pay:(1) any basic and compensatory award; and/or(2) an order for compensation following a breach of your statutory duties under employment legislation in respect of a claim we have

accepted under insured incident 1(a).

Provided that(1) In cases relating to performance and/or conduct, you have throughout the employment dispute either:

(a) followed the ACAS Code of Disciplinary and Grievance Procedures as prepared by the Advisory Conciliation and ArbitrationService; or

(b) followed equivalent codes of practice issued by the Labour Relations Agency in Northern Ireland; or(c) sought and followed advice from our legal advice service.

(2) For an order of compensation following your breach of statutory duty under employment legislation you have at all times soughtand followed advice from our legal advice service since the date when you should have known about the employment dispute.

(3) For any compensation award for redundancy or alleged redundancy or unfair selection for redundancy, you have sought andfollowed advice from our Claims Department prior to serving notice of redundancy.

(4) The compensation is awarded by a tribunal or through the ACAS Arbitration Scheme, under a judgment made after full argumentand otherwise than by consent or default, or is payable under settlement approved in writing in advance by us.

(5) The total of the compensation awards payable by us shall not exceed £1,000,000 in any one period of insurance.

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Special exclusions(1) Any compensation award relating to the following:

• trade union activities, trade union membership or non-membership;• pregnancy or maternity rights;• health and safety related dismissals brought under section 44 of the Employment Rights Act 1996;• statutory rights in relation to trustees of occupational pension schemes;• statutory rights in relation to Sunday shop and betting work.

(2) Non-payment of money due under the relevant contract of employment or statutory provision relating thereto.(3) Any award ordered because you have failed to provide relevant records to employees under the National Minimum Wage laws.(4) Any compensation award or increase in compensation award ordered by the tribunal for failure to comply with a recommendation

it has made, including non-compliance with a reinstatement or re-engagement order.

(c) Service OccupancyWe will negotiate for your legal rights against an employee or ex-employee to recover possession of premises owned by you, or forwhich you are responsible.

Special exclusionAny claim relating to defending your legal rights other than defending a counter-claim.

2 Legal DefenceAt your request(1) We will defend the insured person’s legal rights:

(a) prior to the issue of legal proceedings when dealing with the• Police• Health and Safety Executive and/or Local Authority Health and Safety Enforcement Officerwhere it is alleged that the insured person has or may have committed a criminal offence; or

(b) following an event which leads to the insured person being prosecuted in a court of criminal jurisdiction; or(c) if civil action is taken against the insured person for compensation under section 13 of the Data Protection Act 1998.We will also pay any compensation award made against the insured person under section 13 of the Data Protection Act 1998.

(2) We will defend your legal rights following civil action taken against you for wrongful arrest in respect of an accusation of theftalleged to have been carried out during the period of insurance.

(3) We will defend the insured person’s legal rights (other than your legal rights) if:(a) an event arising from their work as an employee leads to civil action being taken against them under legislation for

unlawful discrimination on the grounds of sex, sexual orientation, race, disability, age, religious belief or politicalopinion; or

(b) civil action is taken against them as a trustee of a pension fund set up for the benefit of your employees.(4) We will represent the insured person in appealing against the imposition or terms of any Statutory Notice issued under

legislation affecting your business.(5) We will represent you in appealing against the refusal of the Information Commissioner to register your application for

registration.(6) We will pay the attendance expenses of an insured person for jury service.

Provided that(1) In so far as proceedings under the Health and Safety at Work etc Act 1974 are concerned, the territorial limits shall be any

place where the Act applies.(2) At the time of the insured incident, you have registered with the Information Commissioner in respect of insured incident 2(1)(c).

Special exclusionAny claim which leads to the insured person being prosecuted for infringement of road traffic laws or regulations in connection withthe ownership, driving or use of a motor vehicle.

3 Contract DisputesWe will negotiate for your legal rights in a contractual dispute arising from that agreement or that alleged agreement which hasbeen entered into by you or on your behalf for the purchase, hire, sale or provision of goods or of services.

Provided that(1) The amount in dispute exceeds £250. If the amount in dispute exceeds £5000, you will be responsible for the first £500 of

legal costs in each and every claim.(2) If the amount in dispute is payable in instalments, the instalments due and payable at the time of making the claim exceed

£250.(3) If the dispute relates to money owed to you, a claim under this section is made within 90 days of the money becoming due

and payable.

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Special exclusions(1) Any dispute arising from an agreement entered into prior to the inception date of this section if the date of occurrence is within

the first 90 days of the inception date of this section.(2) Any claim relating to the following:

• the settlement payable under an insurance policy;• a lease, licence or tenancy of land or buildings other than a dispute with a professional adviser in connection with the

drafting of a lease, licence or tenancy agreement;• a loan, mortgage, pension or any other financial product and choses in action;• a motor vehicle owned by, or hired or leased to, you.

(3) A dispute with an employee or ex-employee which arises out of, or relates to, a contract of employment with you.(4) A dispute which arises out of the:

• sale or provision of computer hardware, software, systems or services; or• the purchase or hire of computer hardware, software, systems or services tailored by a supplier to your own specification.

(5) A dispute arising from a breach or alleged breach of professional duty by an insured person.(6) The recovery of money and interest due from another party other than disputes where the other party intimates that a

defence exists.

4 Debt RecoveryWe will negotiate for your legal rights including enforcement of judgment to recover money and interest due from the sale orprovision of goods or services.

Provided that(1) The debt exceeds £250.(2) A claim for debt recovery under this section is made within 90 days of the money becoming due and payable.(3) We have the right to select the method of enforcement, or to forego enforcing judgment, if we are not satisfied that there are,

or will be, sufficient assets available to satisfy judgment.

Special exclusions(1) Any debt arising from an agreement entered into prior to the inception date of this section if the debt is due within the first 90

days of the inception date of this section.(2) Any claim relating to the following:

• the settlement payable under an insurance policy;• a lease, licence or tenancy of land or buildings;• a loan, mortgage, pension or any other financial product and choses in action;• a motor vehicle owned by, or hired or leased to, you.

(3) A dispute which arises out of the supply, hire, sale or provision of computer hardware, software, systems or services.(4) The recovery of money and interest due from another party where the other party intimates that a defence exists.

5 Property Protection And Bodily Injury(a) Property ProtectionWe will negotiate for your legal rights in any civil action relating to material property which is owned by you, or for which you areresponsible, following:(1) any event which causes physical damage to such material property; or(2) any nuisance or trespass.

Special exclusionsAny claim relating to the following:(1) a contract entered into by you;(2) goods in transit or goods lent or hired out;(3) goods at premises other than those occupied by you unless the goods are at such premises for the purpose of installations or

use in work to be carried out by you;(4) mining subsidence;(5) defending your legal rights other than in defending a counter-claim;(6) a motor vehicle owned or used by, or hired or leased to an insured person.

(b) Bodily InjuryAt your request, we will negotiate for an insured person’s and their family members’ legal rights following an event which causesthe death of, or physical injury to them.

Special exclusionsAny claim relating to the following:(1) any illness, disease, shock or an injury which develops gradually or is not caused by a specific or sudden accident; or(2) defending an insured person’s or their family members’ legal rights other than in defending a counter-claim; or(3) a motor vehicle owned or used by, or hired or leased to an insured person or their family members.

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6 Tax Protection(a) Full or Aspect Enquiries

We will negotiate on your behalf in respect of a full enquiry and/or aspect enquiry and represent you in any subsequentappeal proceedings.

(b) Tax Intervention EnquiriesWe will negotiate on your behalf and represent you in any dealings with HM Revenue and Customs in respect of a taxintervention enquiry.

(c) Employers’ ComplianceWe will negotiate on your behalf and represent you in any appeal proceedings in respect of a dispute concerning yourcompliance with Pay As You Earn or Social Security Regulations following a review by HM Revenue and Customs.

(d) VAT DisputesWewill negotiate on your behalf and represent you in any appeal proceedings following an assessment issued by HM Revenueand Customs in respect of Value Added Tax due.

Provided that(1) For all insured incidents, you have taken reasonable care to ensure that all returns are complete and correct and that such

returns are submitted within the statutory time limits allowed.(2) We will not pay more than £2000 for claims in respect of aspect enquiries or tax intervention enquiries.

Special exclusions

(1) In respect of aspect enquiries and tax intervention enquiries the first £200 of costs and expenses in each and every claim.(2) Any insured incident arising from a tax avoidance scheme.(3) Any insured incident caused by your failure to register for Value Added Tax.(4) Any insured incident arising from any investigation or enquiries undertaken by HM Revenue and Customs Special

Investigations Section or Special Civil Investigations or the Revenue and Customs Prosecution Office.(5) Any insured incident arising from any investigation or enquiry by HM Revenue and Customs into alleged dishonesty or alleged

criminal offences.

7 Statutory Licence ProtectionWe will represent you in appealing to the relevant statutory or regulatory authority, court, or tribunal following a decision by alicensing or regulatory authority to suspend, or alter the terms of, or refuse to renew, or cancel your licence, mandatory registrationor British Standard Certificate of Registration.

Special exclusions(1) An original application or application for renewal of a statutory licence, mandatory registration or British Standard Certificate

of Registration.(2) Any licence appeal relating to the ownership, driving or use of a motor vehicle.

Special Exceptions Applying To This Section(1) Any claim reported to usmore than 180 days after the date the insured person should have known about the insured incident.(2) Costs and expenses incurred before the written acceptance of a claim by us.(3) Fines, penalties, compensation or damages which the insured person is ordered to pay by a court or other authority other than

compensation awards as covered under insured incident 1(b) Compensation Awards and 2 Legal Defence.(4) Any claim relating to patents, copyrights, trademarks, merchandise marks, registered designs, intellectual property, secrecy

and confidentiality agreements.(5) Any claim relating to rights under a franchise or agency agreement entered into by you.(6) Any insured incident deliberately or intentionally caused by an insured person.(7) A dispute with us not otherwise dealt with under Special Condition 7 of this section.(8) Any claim relating to a shareholding or partnership share in your business unless such shareholding was acquired under a scheme

open to all your employees or a substantial number of them of a certain minimum grade other than your directors or partners.(9) Judicial review.(10) Legal action an insured person takes which we or the representative have not agreed to or where the insured person does

anything that hinders us or the representative.(11) When either at the commencement of or during the course of a claim, you are bankrupt or have filed a bankruptcy petition or

winding-up petition, or have made an arrangement with your creditors, or have entered into a deed of arrangement or are inliquidation or part or all of your affairs or property are in the care or control of a receiver or administrator.

Special Conditions Applying To This Section1 An insured person must:

(a) keep to the terms and conditions of this section;(b) notify us immediately of any alteration which may materially affect our assessment of the risk;(c) take reasonable steps to keep any amount we have to pay as low as possible;(d) try to prevent anything happening that may cause a claim;(e) send everything we ask for, in writing;

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(f ) give us full details of any claim as soon as possible and give us any information we need.2 (a) We can take over and conduct in the name of the insured person, any claim or legal proceedings at any time. We can

negotiate anyclaim on behalf of an insured person.

(b) We will choose the representative to represent an insured person in any proceedings where we are liable to pay acompensation award. In any other case an insured person is free to choose a representative (by sending us a suitablyqualified person’s name and address) if:(i) we agree to start legal proceedings and it becomes necessary for a lawyer to represent the interests of an insured

person inthose proceedings; or

(ii) there is a conflict of interest.(c) Before an insured person chooses a lawyer or an accountant, we can appoint a representative.(d) Any representativewill be appointed by us and represent an insured person according to our standard terms of appointment

(which may include a ‘no win, no fee’ agreement). The representative must co-operate fully with us at all times.(e) We will have direct contact with the representative.(f ) An insured person must co-operate fully with us and with the representative and must keep us up-to-date with the

progress of the claim.(g) An insured person must give the representative any instructions that we require.

3 (a) An insured personmust tell us if anyone offers to settle a claim and must not agree to any settlement without our writtenconsent.

(b) If an insured person does not accept a reasonable offer to settle a claim,wemay refuse to pay further costs and expenses.(c) We may decide to pay the insured person a reasonable amount subject to the maximum sum recoverable at law in

settlement of damages that the insured person is claiming, or which is being claimed against them instead of startingor continuing legal proceedings.

4 (a) If we ask, an insured person must tell the representative to have costs and expenses taxed, assessed or audited.(b) An insured person must take every step to recover costs and expenses that we have to pay and must pay us any costs

and expenses that are recovered.5 If a representative refuses to continue acting for an insured person, with good reason, or if an insured person dismisses a

representative, without good reason, the cover we provide will end at once, unless we agree to appoint anotherrepresentative.

6 If an insured person settles a claim or withdraws their claim without our agreement, or does not give suitable instructions toa representative, the cover we provide will end at once and we will be entitled to re-claim any costs and expenses paid by us.

7 If there is a disagreement about the way we handle a claim that is not resolved through our internal complaints procedure, weand the insured person can choose a suitably qualified person to arbitrate.We and the insured personmust both agree to thechoice of this person in writing. Failing this we will ask the president of a national association relevant to the arbitration tochoose a suitably qualified person. All costs of resolving the matter must be paid by the party whose argument is rejected. Ifthe decision is not clearly made against either party, the arbitrator will decide how the costs are shared.

8 We may, at our discretion, require you to obtain an opinion from counsel at your expense as to the merits of a claim orproceedings. If counsel’s opinion indicates that there are reasonable grounds for the pursuit or defence of a claim orproceedings, the cost of obtaining the opinion will be paid by us.

9 We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if thissection did not exist.

10 This section will be governed by English law.11 All Acts of parliament within this section shall include equivalent legislation in Scotland, Northern Ireland, the Isle of Man or

the Channel Islands as the case may be.

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HOWWE CAN HELP

To make a claim under this section of your policy, please telephone us on 0117 934 0569. We will ask you about your legal dispute andif necessary call you back at an agreed time to give you legal advice. If your dispute needs to be dealt with as a claim under this sectionof the policy, we will provide you with a claim reference number. At this point we will not be able to confirm that you are covered but wewill pass the information you have given us to our claims handling teams and explain what to do next.

If you prefer to report your claim in writing, please send it to the Claims Department, DAS Legal Expenses Insurance Company Limited,DAS House, Quay Side, Temple Back, Bristol BS1 6NH.

Alternatively you can email your claim to us at newclaims@das.co.uk

Claims are usually handled by a representative appointed by us, but sometimes we deal with them ourselves.

When we cannot help

Please do not ask for help from a solicitor or accountant before we have agreed. If you do, we will not pay the costs involved.

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Professional Indemnity Extension

The indemnity by this section is extended to indemnify you against all sums which you shall become legally liable to pay as damagesand claimant’s costs and expenses as a result of any claim or claims first made against you and notified to us during the period ofinsurance arising out of

A) any breach of professional duty as a direct result of any unintentional negligent act, error or omission on the part ofa) youb) any of your employees, trustees, officers or directors, orc) any other person, persons, partnership, firm or company acting for you or on your behalf

in or about the conduct of the business

B) libel or slander committed unintentionally by reason of words written or spoken bya) you, orb) any of your employees, trustees, officers or directors

in or about the conduct of the business

Subject otherwise to all terms, exclusions and conditions of the section and the policy, and the following Extension Special exclusionsand Special conditions:

Extension Special exclusionsWe will not be liable under this Extension in respect of(i) claims made upon you prior to inception of this Extension(ii) claims caused by or contributed to by any dishonest, fraudulent, criminal or malicious act or omission by you(iii) any loss arising out of any claim against you resulting from any circumstances or occurrence which is known to you at inception of

this Extension and likely to give rise to a claim against you(iv) liability arising out of or relating directly or indirectly to

(a) your insolvency(b) your bankruptcy(c) a take-over of your business(d) a merger involving your business

(v) liability arising out of, caused by or relating to products(vi) alleged infringement of Copyright, Patents, Registered Designs, Trade Marks or Passing-off(vii) libel or slander arising out of publication made in any journal, magazine or newspaper or by means of radio and/or television.

Extension Special conditions(i) Claims notification

It is a condition precedent to liability that you shall give to us immediate notice in writing during the period of insurance of:(a) any claim made against you; or(b) the receipt of notice from any person or entity of their intention to make a claim against you for the results of any negligent

act, error or omission; or(c) any circumstances of which you shall become aware which might reasonably be expected to give rise to a claim being made

against you, giving reasons for the anticipation of such claim, with full particulars as to dates and persons involved.

Such notice having been given as required by (b) or (c) above, any subsequent claim made shall be deemed to have been madeduring the period of insurance.

(ii) Disclosure of policy detailsIn the event of a claim or circumstances that may lead to a claim, you must not disclose details of the policy to any person withoutour written consent.

Limits of liabilityOur liability in respect of damages

a) for all damages, claimant’s costs and expenses, and costs and expenses of litigation incurred with our written consent in respectof all claims arising under the Professional Indemnity Extension first made against you and notified to us during the period ofinsurance shall not exceed the Professional Indemnity Limit of liability stated in the schedule

b) for all occurrences giving rise to a claim or a number of claims arising from products supplied shall not exceed the amount statedin the schedule in any one period of insurance

c) for any other occurrence giving rise to a claim or number of claims which arise from one cause shall not exceed the amount statedin the schedule.

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Terrorism

Definitions and interpretationFor the purposes of this section only

computer equipment means any computer or other equipment or component or system or item which processes, stores, transmits orreceives data or any part thereof whether tangible or intangible (including but without limitation any informationor programs or software) and whether the property of the insured or not

denial of service attack means any actions or instructions constructed or generated with the ability to damage, interfere with or otherwiseaffect the availability of networks, network services, network connectivity or information systems including butwithout limitation the generation of excess traffic into network addresses, the exploitation of system or networkweaknesses and the generation of excess or non-genuine traffic between and amongst networks

General Cover means any insurance by this policy in respect of property and/or consequential loss in Great Britain

Great Britain means England and Wales and Scotland but not the territorial seas adjacent thereto as defined by the Territorial Sea Act1987 nor the Isle of Man nor the Channel Islands

hacking means unauthorised access to any computer equipment

nuclear installation means any installation of such class and description as may be prescribed by regulations made by the relevantSecretary of State from time to time by statutory instrument, being an installation designed or adapted for:a) the production or use of atomic energy, orb) the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and

which involves or is capable of causing the emission of ionising radiations, orc) the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter, being

matter which has been produced or irradiated in the course of the production or use of nuclear fuel

nuclear reactor means any part (including any machinery, equipment or appliance, whether affixed to land or not) designed or adaptedfor the production of atomic energy by a fission process in which a controlled chain reaction can be maintained withoutan additional source of neutrons

operative sub-section means any sub-section against which a sum insured has been inserted in the schedule

virus or similar mechanism means program code, programming instruction or any set of instructions intentionally constructed with theability to damage, interfere with or otherwise adversely affect computer programs, data files or operations,whether involving self-replication or not, including but without limitation Trojan horses, worms and logic bombs

Terrorism – Property DamageThis sub-section applies to the property insured as described, defined and specified as insured in the General Cover provided by thispolicy, save only that any insurance in respect of loss of rent or cost of alternative accommodation shall be deemed to be insured by theTerrorism – Consequential Loss sub-section of this section.

Terrorism – Consequential LossThis sub-section applies to loss of gross profit, gross revenue, income or rent, cost of alternative accommodation or increase in cost ofworking or other such items of loss (other than Book Debts) resulting from interruption or interference as described, defined andspecified as insured in the General Cover provided by this policy.

Provided that at the time of the happening of the loss, destruction or damage that causes the interruption or interference there shallbe in force an insurance provided by the Company covering the interest of the insured in the property that suffers such loss, destructionor damage and that payment shall have been made or liability admitted therefor under such insurance or that payment would have beenmade or liability would have been admitted therefor but for the operation of a proviso in such insurance excluding liability for lossesbelow a specified amount.

Terrorism – Book DebtsThis section applies to outstanding debit balances as described, defined and specified as insured in the General Cover provided by thispolicy.

CoverThe Company will indemnify the insured in the event of loss, destruction or damage to the property insured or consequential lossresulting therefrom, insofar and to the extent that it is insured in Great Britain by the General Cover and in respect of which there is anoperative sub- section in the schedule, the cause of which is an act of terrorism

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Special exclusionsThe Company will not be liable under this section in respect of1 loss, destruction or damage or consequential loss directly or indirectly caused by or contributed to by or arising from or occasioned

by or resulting froma) riot, civil commotion, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion,

revolution, insurrection or military or usurped powerb) virus or similar mechanism or hacking or denial of service attack in response to any computer equipment

2 loss, destruction or damage or consequential loss in respect of a) any nuclear installation or nuclear reactorb) any property not being a block of flats which is insured in the name of a private individual and is occupied by that individual

for residential purposesc) any property which is insured by or would but for the existence of this policy be insured by any form of transit or aviation or

marine policy other than any Goods in Transit section, sub-section or extension of the General Cover provided by this policyinsofar as it relates to loss, destruction or damage occurring in Great Britain

d) any other type of property which is specifically excluded elsewhere in this policy

Special conditions1 This section is concurrent and conjunctional with and dependent upon the General Cover provided by this policy.2 This section is not subject to any of the General Exclusions of this policy other than those stated in the Special exclusions of this

section.3 This section is subject to all the other terms, sums insured, limits of liability, definitions, provisions, bases of claims settlement and

conditions which apply to the General Cover provided by this policy (including but without limitation any excess or deductible tobe borne by the insured) except as expressly varied hereby.

4 In any action, suit or other proceedings where the Company alleges that any loss, destruction, damage or consequential loss is notcovered by this section the burden of proving that such loss, destruction, damage or consequential loss is covered shall be uponthe insured.

5 This section is not subject to General Condition 14 Reinstatement of sum insured, nor to any Inflation protection or to any Long TermAgreement or Undertaking which may apply to the General Cover provided by this policy.

6 This section is to be lapsed or cancelled simultaneously with any lapse or cancellation of the General Cover

Website Hacker Damage Cover

In the event of malicious damage to your website resulting in loss of data, damage to the website, inability by customers to access yourwebsite or potential loss of your reputation we will pay up to the amount shown in the schedule to pay for the repair or replacement ofthe website and payment for a forensic consultant to advise on security improvements or a public relations firm to maintain yourreputation provided that the costs are agreed by us in advance.

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Endorsements and Warranties

The following endorsements and warranties apply only if they are shown in the schedule or the appendix thereto under the heading‘Endorsements and warranties applicable’.

CSAF1 - Employee Definition

It is hereby noted that the definition of ‘employee’ under the Public & Employers’ Liability sections are restated as:

Employee means any person under a contract of service or apprenticeship with the insured or supplied to or hired to orborrowed by the insured including any person under a work experience training scheme and including child carers, whilstengaged in work in connection with the business.

CSAF2 - Exclusion of liability for deliberate acts (Vicarious Liability)The following additional Special exclusion is incorporated into the Public Liability Section of this policy:(The Company will not be liable under this Section in respect of )15. loss, destruction, damage, accident or liability caused or happening through the deliberate, wilful, malicious or criminalact of the insured, or any employee of the insured, or any other person indemnified by this policy.

CSAF3 - Additional Special exclusion under the Public Liability SectionThe following additional sub-paragraph is incorporated into Special exclusion 5 of the Public Liability Section:-(5 liability arising from or caused by)g) the provision or administering of any treatment other than the administration of drugs and medicines strictly inaccordance with Special condition 2

CSAF4 - Additional Special conditions under the Public Liability Section2 It is a condition precedent to liability that the administration of drugs or medicines takes place only under the followingconditions:-a) In all cases:(i) The parent/guardian of each child being cared for by the insured must provide details of any known allergy to

medication suffered by their child. Such details to be recorded by the insured in a drugs/medicine register andconsulted before any emergency administration of drugs or medicines.

(ii) The drug or medicine must have been prescribed by the child’s General Practitioner or consultant or given to theinsured by the child’s parent/guardian or the child’s General Practitioner or consultant.

(iii) The drug or medicine must be kept in a secure place with access only by authorised persons.(iv) A clear label, with the child’s name, must be attached to the drugs or medicine.(v) A drugs/medicine register must be kept showing:

(a) the child’s name(b) type of drug/medicine administered(c) date and time administered(d) dosage(e) name and signature of person administering the drug/medicine(f ) time of notification to child’s parent/guardian when an administration of drug or medicine has been given in an

emergency(g) note of any known allergy to medication suffered by children being cared for by the insured.

(vi) The insured must have a letter of authorisation from the child’s parent/guardian containing clear instructions for theadministration of non-prescribed drugs or medicines, prescribed oral medication or asthma inhalers.b) In cases where occasional, regular or emergency medication is required such as epipens, hypodermic injections ortube-administered medication (but not including drugs or medicines, prescribed oral medication or asthma inhalers,which are dealt with under 1 a) above), the insured must comply with (i) to (v) above AND IN ADDITION:

(vii) The insured must have a letter from the child’s parent/guardian providing specific consent for the insured to administerthe medication.

(viii) The insured must have a letter from the child’s General Practitioner or consultant stating:(a) what condition the drug or medicine is for with its name(b) how and when the drug or medicine is to be given(c) what training of personnel is required, if any(d) any other relevant information.

(ix) Training in the administration of the drug or medicine must be as stipulated by the child’s General Practitioner orconsultant and, if required, the insured must provide proof of such training.3 It is a condition precedent to liability that the administration or provision of oxygen, gastro feeding, naso-gastric tubefeeding, cleaning and changing of feeding or tracheostomy/tracheotomy tubes and emptying/changing stoma bagstakes place only under the following conditions:a) The insured must have a letter from the child’s General Practitioner or consultant stating:

i) the child’s condition and the health support procedures required

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ii) what training of personnel is requirediii) what medical experience is requirediv) any other relevant information.

b) The insured must have a letter from the child’s parent/guardian providing specific consent for the insured toadminister/provide the health support procedures required.

c) The insured must ensure that any person administering/providing the required health support procedures has themedical experience and training specified by the child’s General Practitioner or consultant and, if required, provideproof of such training.

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Arranged by

www.mortonmichel.com KH4004 04.16

Tel: 020 8603 0900 Fax: 0845 2570547/0548 www.mortonmichel.com

Morton Michel Alhambra House 9 St Michaels Road Croydon CR9 3DD

www.mortonmichel.com