Page 142 - Binder2
P. 142

CONDITIONS

                  1.
                  Interpretation   This wording and Schedule shall be read together as one contract and any word or expression to
                                   which a specific meaning has been attached in any part of this wording or Schedule shall bear
                                   such specific meaning wherever it may appear.

                  2.
                  Precautions      The Insured shall take all reasonable precautions to prevent loss, damage or Bodily Injury and
                                   shall  maintain  all  buildings,  furnishings,  ways,  works,  machinery,  plant  and  vehicles  in  sound
                                   condition.  The Insured shall make good or remedy any defect or danger as soon as practicable.

                  3.
                  Alterations      The  Insured  shall  give  notice  to  the  Company  as  soon  as  practicable  of  any  alteration  that
                                   materially affects the subject matter of this insurance.

                  4.
                  Cancellation     The Company may cancel this insurance by sending thirty days’ written notice to the Insured at the
                                   Insured’s  last  known  address  whereupon  the  Insured  shall  be  entitled  to  a  refund  of  a
                                   proportionate part of the Premium subject always to Condition 6.

                  5.
                  Claims
                  Procedure        It is a condition precedent to indemnity that:-

                                   i)   the Insured shall give to the Company immediate written notice with full particulars of:-
                                        a)    any occurrence which may give rise to a claim for indemnity under this insurance.
                                        b)    (i)   any Employee Bodily Injury related absence of more than three working days
                                                    duration or
                                              (ii)   any disease contracted by any Employee
                                              but only providing such Bodily Injury or disease has arisen or is alleged to have
                                              arisen out of and in the course of employment with the Insured
                                        c)    any impending prosecution, coroner’s inquest or fatal accident enquiry in connection
                                              with  any  occurrence  which  may  give  rise  to  a  claim  for  indemnity  under  this
                                              insurance
                                   ii)   every letter, claim, writ, summons or process in connection with any occurrence which may
                                        form  the  subject  of  indemnity  hereunder shall  be  notified or  forwarded  to  the  Company
                                        immediately upon receipt
                                   iii)   the Insured shall neither admit liability for nor agree to settle or repudiate any claim without
                                        the  written  consent  of  the  Company.    The  Company  shall  be  entitled  to  conduct  the
                                        defence of any claim in the name of the Insured and to prosecute in the Insured’s name for
                                        the Company’s benefit any claim for indemnity against any third party and shall have full
                                        discretion in the conduct of any negotiations and proceedings and the settlement of any
                                        claim
                                   iv)   the Insured shall give to the Company all such information and assistance as the Company
                                        may reasonably require
                                   v)   the  Insured shall  at  all  times,  in  addition  to  their  obligations  set  out  above, afford such
                                        information to and co-operation with the Company or their appointed agents to allow the
                                        Company  to  be  able  to  comply  with  such  relevant  Practice  Directions  and  Pre-Action
                                        Protocols as may be issued and approved from time to time by the Head of Civil Justice

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                  ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015
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