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(f) The Insured shall bear their own costs and may claim to have sustained by reason of the
expenses under this Condition save to the extent Company having acted in such a way
that specific cover is provided within any Section
of the Policy 8. Subrogation
The Company shall be subrogated to all the Insured’s
(g) No admission offer promise payment or rights of recovery against any person or organisation
indemnity shall be made or given by or on behalf before or after any claims payment under this
of the Insured without the written consent of the insurance and the Insured shall provide all relevant
Company information and assistance in this regard Any recovery
made shall be applied first to the Company’s outlay
7. Claims (Company's rights) and then to the Insured’s Deductible in priority to any
This condition does not apply to the Officials’ outstanding uninsured loss of the Insured in the
Indemnity Section and Professional Indemnity Section absence of agreement to the contrary
The Officials’ Indemnity Section and Professional
Indemnity Section is subject to its own Claims The Company shall not exercise said rights against
(Company’s rights) condition any Employee of the Insured unless the claim in
question has been brought about or contributed to by
(a) The Company may the dishonest fraudulent criminal or malicious act error
or omission of the Employee
(i) investigate handle and control any claim
notified to it at its absolute discretion and 9. Non-Contribution
may settle compromise or make ex-gratia This condition does not apply to the Network Security
payments in respect thereof and generally Section or Cybermedia Liability Section which has its
conduct any proceedings process or actions own condition
related to such claim as it deems
appropriate and the costs incurred by the If at the time any claim arises under this Policy there
Company in this undertaking (including be any other insurance effected by or on behalf of the
Claim Investigation Expenses) shall be Insured covering the same property and/or same
subject to any Deductible shown in the liability and/or same protection the Company shall not
relevant Section Schedule under which the be liable under this Policy except to the extent of any
claim is being brought by the Insured excess beyond the amount payable under such other
irrespective of whether an indemnity is insurance had this Policy not been effected
subsequently provided to the Insured in
respect of such claim 10. Arbitration
If any difference shall arise between the Company and
(ii) at its discretion take over and control the the Insured as to the amount to be paid under this
legal representation of the Insured at any Policy (liability being otherwise admitted) such
inquest inquiry or other proceedings in any difference (provided it does not concern the
Court concerning any matter that has or interpretation of the terms of the Policy) shall be
may give rise to a claim hereunder and/or referred to an arbitrator to be appointed by the parties
the defence and settlement of any claim The in accordance with the Statutory provisions for the
Company shall conduct such representation time being in force Where any difference is by this
and defence and settlement of claims as it Condition to be referred to arbitration the making of an
sees fit so to do In the event that the award shall be a condition precedent to any right of
Company makes any payment the Insured action against the Company
will on demand pay to the Company the
amount of the Deductible applicable 11. Policy Interpretation
The parties to this contract are able to choose the law
(b) In respect of any applicable specified amounts applicable to this Policy and they agree that the Policy
detailed in the Schedules as limit(s) of indemnity and any dispute concerning its interpretation or
or the amount of any other limit stated in the application is to be subject to and to be construed in
Policy the Company may at any time pay to the accordance with English law (or Scottish law where
Insured the amount specified (less any sum the Named Insured’s registered address is in
already paid and less the amount of any Scotland)
Deductible) or any lesser amount for which any
claim or claims can be settled (or where no such Each party agrees (subject as provided in General
limit applies pay the amount for which any claim Condition 10 above) to submit if required to the
or claims can be settled less any sum already jurisdiction of any Court of competent jurisdiction
paid and less the amount of any Deductible) and within England (or Scotland where the proper law of
shall then cease to have the conduct and control the contract is Scottish) and to comply with all
of the negotiations actions or proceedings and be requirements necessary to give such Court jurisdiction
under no further liability in respect of such claim
or claims except for costs and expenses incurred
prior to the date of such payment for which the
Company is liable hereunder The Company shall
not be responsible for any loss which the Insured
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Public Sector General Terms and Conditions Policy Wording TRV0125 02/14 Policy Code 2009 05/12
