Page 72 - Binder2
P. 72
retroactive date provision which relates to a
period prior to the Period Of Insurance during
which any act or omission giving rise to indemnity
under the insurance may have been committed
(d) the insurance provided by the Public and
Products Liability Section and Professional
Indemnity Section shall not indemnify
(i) any medical or dental practitioner
whomsoever or
(ii) any other person who is an Insured against
any legal liability (and or prosecution
defence costs and expenses in so far as
indemnity is provided under the Public and
Products Liability Section) directly or
indirectly resulting from caused by
contributed to attributed to or in any way
related to Abuse committed by that
individual person which is
A. dishonest or criminal or fraudulent or
B. the result of deliberate wrongdoing or
recklessness
For the avoidance of doubt indemnity shall
continue to apply in respect of the Named
Insured’s vicarious liability for such acts of
another person but not where Abuse arises out of
acts or omissions authorised by the Named
Insured or at the request of or with the approval
of the Named Insured where such authorisation
request or approval is dishonest or criminal or
fraudulent or results from deliberate wrongdoing
or recklessness
(e) where indemnity is provided to indemnify the
Named Insured for their vicarious liability for the
acts of the person or persons committing such
Abuse it is hereby noted and agreed for the
avoidance of doubt with regard to the application
of General Condition 8 that the Company shall
exercise said rights against any Employee
committing such Abuse which is dishonest or
criminal or fraudulent or the result of deliberate
wrongdoing or recklessness
13
Public Sector General Terms and Conditions Policy Wording TRV0125 02/14 Policy Code 2009 05/12

