Page 81 - Binder2
P. 81

Conditions                                                          3.   A description of what damages may
                                                                                result

        1.   Claims (Duties owed by the Insured)                           4.   The identity of the person or
            This condition applies to the Officials’ Indemnity                  organisation that may make a Claim
            Section and Professional Indemnity Section                          including in any court or other legal
                                                                                proceedings
            Special definition
            The words ‘Letter of Claim’ where used in this                 5.   The identity of the Insured that
            condition shall include any request in writing indicating           committed the negligent act negligent
            an intention to claim against the Insured that specifies            error or negligent omission
            sufficient information about the incident to enable it to        6.   The identity of any witnesses
            be investigated and includes at least preliminary

            information as to the nature of the injury or damage   (b)  Any pre-action Letter of Claim should be
            sustained or alleged error and as defined in any           acknowledged or a preliminary response
            protocols issued under the Civil Procedure Rules (or       provided in accordance with and within the time
            any amendments or supervening legislation)                 period fixed for that purpose in the relevant
                                                                       protocol issued under the Civil Procedure Rules
            (a)  (i)    If during the Period of Insurance the Insured   providing details of this Policy and a copy of both
                     shall receive a Claim the Insured shall as        the pre-action Letter of Claim and the response
                     soon as possible give notice thereof to the       shall be forwarded to the Company at the same
                     Company
                                                                       time
                 (ii)   If a Circumstance should exist or arise
                     which the Insured becomes aware of during         (For avoidance of doubt in relation to a Letter of
                     the Period of Insurance in respect of an act      Claim in respect of personal injury this is within
                                                                       twenty-one days of receipt and in relation to a
                     error or omission committed or occasioned         Letter of Claim in respect of defamation this is
                     or alleged to have been committed or              within fourteen days of receipt)
                     occasioned prior to the expiry of the Period
                     of Insurance and after the Retroactive Date       Following receipt by the Insured of a pre-action
                     stated in the Schedule the Insured shall as       Letter of Claim the Insured shall within forty five
                     soon as possible after awareness give             days provide to the Company copies of all
                     notice thereof to the Company in writing          documents records and minutes of meetings
                                                                       necessary to consider the claim fully The Insured
                     1.   during the Period of Insurance or            shall also give to the Company all such proofs

                     2.   within thirty days after the end of the      and information with respect to any claim as the
                         Period of Insurance                           Company may require together with (if
                                                                       demanded) a statutory declaration of the truth of
                                                                       such claim and of any matters relating thereto
                     and the Company will consider any Claim
                     arising from such Circumstance to have        (c)  Every writ summons or claim form process
                     been made and reported in the Period of           impending prosecution notice requiring arbitration
                     Insurance                                         notice of an inquest or fatal accident inquiry in
                                                                       connection with any such Circumstance or Claim
                     The Insured shall promptly and fully inform       aforesaid shall be immediately forwarded to the
                     the Company of all developments of which it       Company unacknowledged
                     becomes aware concerning such
                     Circumstance                                  (d)  Other than as prescribed  in (a) and (b) within
                                                                       thirty days of any Circumstance or event
                 (iii)   If the Company shall cancel the Section or
                     Policy the Insured may give notice of any         aforesaid or such further time as the Company
                     Claim or Circumstance within a further thirty     may in writing allow the Insured shall give full
                     days following expiry of the cancellation         particulars of the Circumstance or Claim
                     notice in which case such notice shall be     (e)  The Insured if required by the Company shall
                     deemed to have been given during the              attend all proceedings and alternative dispute
                     Period of Insurance                               resolution meetings and assist the Company in
                                                                       the giving of evidence and the attendance of
                 (iv)  When notifying the Company of a Claim or        witnesses and shall give the Company all
                     Circumstance the Insured shall provide the        information and assistance including technical
                     following details                                 assistance and do and concur in doing whatever
                                                                       the Company may require in connection with any
                     1.   A description of the date time and           Circumstance or Claim
                         place of the negligent act negligent
                         error or negligent omission
                                                                   (f)   The Insured shall bear their own costs and
                     2.   A description of what happened               expenses incurred in complying with this

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        Casualty Policy Wording                                                        TRV0126 02/14  Policy Code 2010 05/12
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