Page 73 - Binder2
P. 73

General Exclusions                                                 carried stored or used for commercial
                                                                           agricultural medical scientific or other similar
                                                                           peaceful purposes

        The Company shall not be liable                                (v)  any chemical biological bio-chemical or
                                                                           electromagnetic weapon
        1.   War and Allied Risks; Dispossession of Property;
            Radioactive Contamination                                  but in respect of Bodily Injury sustained by an
            in respect of any loss or destruction of or damage to      Employee this exclusion shall apply only when
            any property whatsoever or any loss or expense
            whatsoever resulting or arising therefrom or any           the Insured under a contract or agreement has
            consequential loss or any legal liability of whatsoever    undertaken either to indemnify another party or to
            nature directly or indirectly caused or occasioned by or   assume the liability of another party in respect of
                                                                       such Bodily Injury
            happening through or in consequence of
                                                                   Note
            (a)  war invasion act of foreign enemy hostilities or   General Exclusions 1(a) and 1(b) shall not apply to the
                 warlike operations (whether war be declared or    extent required to satisfy the Road Traffic Acts
                 not) civil war rebellion revolution insurrection or
                 military or usurped power                     2.   Property Coverages — Civil Commotion in
                                                                   Northern Ireland
                 Notwithstanding this exclusion it is agreed that in   under the
                 respect of the insurance provided under the
                 Employers’ Liability Section where operative      (a)  Property Damage Section
                 indemnity shall continue to satisfy the
                 requirements of the relevant law applicable in    (b)  Business Interruption Section
                 Great Britain Northern  Ireland the Isle of Man the   (c)  Computer All Risks Section
                 Island of Guernsey the Island of Jersey or the    (d)  Contract Works Section

                 Island of Alderney or where so  extended to       where operative or any Optional Extension Clauses or
                 offshore installations in any waters outside the   endorsements attaching thereto in respect of any loss
                 United Kingdom to which the Employers’ Liability   destruction or damage in Northern Ireland directly or
                 (Compulsory Insurance) Act 1969 or any            indirectly caused or occasioned by or happening
                 amending primary legislation applies and in this   through or in consequence of civil commotion
                 regard the amount of the Limit of Indemnity
                 inclusive of all claimants’ and defence costs and   3.   Property Coverages - Terrorism
                 expenses payable under Cover clauses 2 3 4 and    under the
                 5 as stated in the Employers’ Liability Section
                 shall only be for the minimum amount required by
                 such relevant law (and accordingly reduced to     (a)  Property Damage Section
                 such amount where the amount of the Limit of      (b)  Business Interruption Section
                 Indemnity stated in the Employers’ Liability      (c)  Computer All Risks Section
                                                                   (d)  Network Security Section
                 Section is higher)                                (e)  Contract Works Section

            (b)  permanent or temporary dispossession of any       where operative or any Optional Extension Clauses or
                 property resulting from confiscation              endorsements attaching thereto or under any
                 nationalisation commandeering or requisition by   Difference in Conditions or Limits Provision of the
                 any lawfully constituted authority                Policy where  operative for loss destruction or damage
                                                                   or cost or expense of whatsoever nature directly or
            (c)  (i)   ionising radiations from or contamination by   indirectly caused or occasioned by or happening
                     radioactivity from any nuclear fuel or from   through or in consequence of a Terrorist Act or any
                     any nuclear waste or from the combustion of   action taken in controlling preventing suppressing or in
                     nuclear fuel
                                                                   any way relating to a Terrorist Act other than in
                 (ii)   the radioactive toxic explosive or other   respect of loss destruction or damage in England and
                     hazardous properties of any nuclear           Wales and Scotland to the extent provided for in the
                                                                   Terrorism Insurance Section of this Policy where
                     installation reactor or other nuclear         operative
                     assembly or nuclear component thereof
                                                                   In any action suit or other proceedings where the
                 (iii)  any weapon or device employing atomic or   Company alleges that by reason of the term “Terrorist
                     nuclear fission and or fusion or other like   Act” any loss destruction or damage or cost or
                     reaction or radioactive force or matter       expense of whatsoever nature is not covered by this
                                                                   Policy the burden of proving that such loss destruction
                 (iv)  the radioactive toxic explosive or other    or damage or cost or expense is covered shall be
                     hazardous or contaminating properties of      upon the Insured
                     any radioactive matter but the exclusion in
                     this paragraph (iv) shall not extend to
                     radioactive isotopes other than nuclear fuel
                     when such isotopes are being prepared

                                                            14
        Public Sector General Terms and Conditions Policy Wording                     TRV0125 02/14   Policy Code 2009 05/12
   68   69   70   71   72   73   74   75   76   77   78