Page 75 - Binder2
P. 75

Schedules as limits of indemnity or the amount of
                 However in this regard the amount of the Limit of     any other limit stated in the Policy and the
                 Indemnity inclusive of all claimants’ and defence     amount of the Deductible shall form part of such
                 costs and expenses payable under Cover                limit of indemnity and the limit of indemnity shall
                 clauses 2 3 4 and 5 as stated in the Employers’       not apply in excess of the amounts stated as a
                 Liability Section shall continue to be for the        Deductible)
                 amount stated in the Section Schedule and shall
                 not be reduced to the minimum amount required     (b)  in respect of the Property Damage Section and
                 by such relevant law                                  Business Interruption Section and Computer All
                                                                       Risks Section and Contract Works Section where
            2.   the insurance provided under the Motor Fleet          operative
                 Section where operative shall continue to satisfy
                 the requirements of the relevant law applicable in    (i)   loss or damage arising from one Event
                 Great Britain Northern Ireland the Isle of Man the        which affects one or more Premises or
                 Island of Guernsey the Island of Jersey or the            Business Premises (as defined in the above
                 Island of Alderney in respect of the Insured’s            referenced Sections)
                 legal liability for
                                                                       (ii)  loss or damage to insured property arising
                 (a)  Bodily Injury to any person                          during any one period of 72 consecutive
                                                                           hours and caused by storm tempest flooding
                 (b)  damage to property up to £1,000,000 in               or escape of water from tanks apparatus or
                     respect of any one Event                              pipes

                 In the event that any part of this exclusion is       shall be deemed a single Event and be treated as
                 found to be invalid or unenforceable the              one claim
                 remainder shall remain in full force and effect
                                                                   (c)  for the avoidance of doubt where claims arise
            3.   the insurance provided under the Public and           under one or more Sections of this Policy from a
                 Products Liability Section shall continue to          single Event each claim under each Section of
                 operate in respect of legal liability for accidental   this Policy will be subject to the Deductible stated
                 Injury or Damage occurring within Great Britain       in the Schedule in respect of that Section (other
                 Northern Ireland the Isle of Man the Island of        than as stated in paragraph (d) that follows)
                 Guernsey the Island of Jersey or the Island of
                 Alderney arising out of a Terrorist Act           (d)  in respect of the Property Damage Section and
                                                                       Computer All Risks Section (where operative)
        5.   Deductible                                                where an Event gives rise to indemnity under
            in respect of the amounts stated as a Deductible for       both the aforementioned Sections and in respect
            the first part of each and every claim hereunder under     of which a Deductible applies to the claim under
            one or more Sections of this Policy in respect of an       each Section then in these circumstances only
            Event as ascertained after the application of the terms    one Deductible shall be applied and which shall
            conditions and provisions of this Policy including any     be the highest individual amount in those
            condition of average and which shall apply to Claim        circumstances where these amounts vary
            Investigation Expenses incurred in investigating such
            claim(s) irrespective of whether an indemnity is   6.   Cyber Risk — Third Party
            subsequently provided to the Insured                   in so far as indemnity would otherwise be provided
                                                                   under the
            For the purpose of the application of the Deductible it
            is agreed that                                         (a)  Public and Products Liability Section
                                                                   (b)  Professional Indemnity Section
            (a)  in respect of the Employers’ Liability Section and   (c)  Officials’ Indemnity Section
                 Public and Products Liability Section  and
                 Officials’ Indemnity Section and Professional     where operative or any Optional Extension Clauses or
                 Indemnity Section and Cybermedia Liability        endorsements attaching thereto in respect of all sums
                 Section where operative all claims under each     which the Insured shall become legally liable to pay as
                 respective Section attributable to                Compensation and claimants’ and defence costs and
                                                                   expenses for and arising out of
                 (i)   the same act or omission
                                                                   A.  Defamation and Intellectual Property Rights
                 (ii)  a series of acts or omissions consequent
                     upon or attributable to the same original         (i)   Defamation or malicious falsehood including
                     cause or source                                       libel slander injurious falsehood trade libel
                                                                           slander of title slander of goods or
                 will be regarded as one claim under each                  disparagement of goods
                 respective Section (for the avoidance of doubt for
                 which the Company’s liability shall not exceed        (ii)  Infringement of Intellectual Property Rights
                 any of the specified amounts detailed in the


                                                            16
        Public Sector General Terms and Conditions Policy Wording                     TRV0125 02/14   Policy Code 2009 05/12
   70   71   72   73   74   75   76   77   78   79   80