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General Conditions be investigated and includes at least preliminary
information as to the nature of the injury or damage
sustained or alleged error and as defined in any
protocols issued under the Civil Procedure Rules (or
1. Condition Precedent any amendments or supervening legislation)
The due observance of the terms provisions and
amendments of this Policy by the Insured insofar as (a) If circumstances should exist and/or on the
they relate to anything to be done or complied with by happening of any Event which in either case may
the Insured and the truth of the statements and give rise to a claim under this Policy the Insured
answers and information supplied on or in connection
with the Proposal shall be a condition precedent to shall as soon as possible give notice thereof to
any liability of the Company to make any payment the Company in writing
under this Policy (b) Subject to the provisions set out in sub paragraph
(g) below in respect of third party liability claims
2. Misrepresentation and Fraud any pre-action Letter of Claim should be
This insurance shall be voidable acknowledged or a preliminary response
provided in accordance with and within the time
(a) if the Insured has concealed or misrepresented period fixed for that purpose in the relevant
and/or failed to declare any fact or circumstance protocol issued under the Civil Procedure Rules
material to the insurance or its subject matter providing details of this Policy and a copy of both
the pre-action Letter of Claim and the response
or shall be forwarded to the Company at the same
time
(b) if the Insured or anyone acting on the Insured’s
behalf has committed fraud attempted fraud or
sworn falsely concerning this insurance or its (For avoidance of doubt in relation to a Letter of
subject matter Claim in respect of personal injury this is within
twenty-one days of receipt and in relation to a
Letter of Claim in respect of defamation this is
whether before or after loss within fourteen days of receipt)
If the Insured notifies any claim knowing it to be false Following receipt by the Insured of a pre-action
or fraudulent as regard amount or otherwise this Letter of Claim the Insured shall within forty five
Policy shall become void and all claims hereunder days provide to the Company copies of all
shall be forfeited documents records and minutes of meetings
necessary to consider the claim fully The Insured
3. Alteration
The Named Insured shall give notice to the Company shall also give to the Company all such proofs
as soon as reasonably practicable of any fact or event and information with respect to any claim as the
affecting the risks insured by this Policy which is or Company may require together with (if
might be material to the Company demanded) a statutory declaration of the truth of
such claim and of any matters relating thereto
4. Assignment (c) Every writ summons or claim form process
Assignment of interest under this insurance shall not impending prosecution notice requiring arbitration
bind the Company without its written consent notice of an inquest or fatal accident inquiry in
connection with any such circumstance or event
5. Reasonable Care aforesaid shall be immediately forwarded to the
The Insured at its own expense shall Company unacknowledged
(a) take all reasonable precautions to prevent or (d) Other than as prescribed in (b) within thirty days
diminish losses or liability arising in connection (seven days in the case of Damage caused by
with the insured risks
riot civil commotion strikers locked-out workers
(b) comply with all statutory obligations and persons taking part in labour disturbances or
regulations imposed by any authority malicious persons if insured by this Policy) of any
circumstance or Event aforesaid or such further
time as the Company may in writing allow the
6. Claims (Duties owed by the Insured) Insured shall give full particulars of the
This condition does not apply to the Officials’ circumstance or event
Indemnity Section and Professional Indemnity Section
The Officials’ Indemnity Section and Professional
Indemnity Section is subject to its own Claims (Duties (e) The Insured if required by the Company shall
owed by the Insured) condition attend all proceedings and assist the Company in
the giving of evidence and the attendance of
witnesses and shall give the Company all
Special Definition
The words ‘Letter of Claim’ where used in this information and assistance and do and concur in
condition shall mean any request in writing indicating doing whatever the Company may require in
an intention to claim against the Insured that specifies connection with any circumstance event or claim
sufficient information about the incident to enable it to
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Public Sector General Terms and Conditions Policy Wording TRV0125 02/14 Policy Code 2009 05/12
