Page 92 - Binder2

breach of a relevant duty of care owed by (ii) the cost of replacing reinstating rectifying
the Named Insured to the deceased erasing blocking or destroying any data

(ii) fines or penalties of any kind (iii) liability caused by or arising from a
deliberate or intentional act by or omission
(iii) any circumstances where indemnity for of the Named Insured or any person eligible
defence costs is available from any other for indemnity by this extension the effect of
source or is provided by any other insurance which will knowingly result in liability under
or where but for the existence of this clause the Data Protection Act 1998
5 of the Cover indemnity would have been
provided by such other source or insurance (iv) claims which arise out of circumstances
notified to previous insurers or are known to
(d) the financial limit of the Company's liability under the Insured and likely to give rise to
this clause 5 of the Cover shall not exceed in the indemnity under this extension at the start of
aggregate in respect of all acts or omissions the Period of Insurance
committed or alleged to have been committed
during the Period of Insurance the amount stated (v) liability for which indemnity is provided
in the Section Schedule as the Limit of Indemnity under any other insurance
and this financial limit amount under this clause 5
of the Cover shall (d) in respect of each and every claim or claims
arising from an Event under this extension the
(i) form part of and not be in addition to the Named Insured shall be liable for 10% of the cost
Limit of Indemnity and of such claim or claims or £500 which ever is the
greater
(ii) be inclusive of all amounts paid under
clauses 2 3 and 4 of the Cover (e) the Company’s liability under this extension is
limited to £500,000 in respect of all Events during
(e) for the avoidance of doubt where there is a any one Period of Insurance
Deductible stated in the Section Schedule it shall
apply in respect of this clause 5 of the Cover and 7. Motor Contingent Liability
the amount of the Deductible shall form part of Notwithstanding Section Exclusion 5 the Company will
the specified amount detailed in (d) above as the indemnify the Named Insured and no other for the
Company’s limit of liability and such limit shall not purposes of this clause against legal liability arising
apply in excess of the amount stated as the from or caused by any motor vehicle not the property
Deductible of nor provided by the Named Insured and being used
in connection with the Business
6. Data Protection Act 1998
The Company will indemnify the Named Insured and if Provided that the Company will not provide indemnity
the Named Insured so requests any Employee of the in respect of liability
Named Insured in respect of their liability to pay
Compensation for damage or distress under section (a) for loss of or damage to such vehicle or property
13 of the Data Protection Act 1998 including carried
reasonable defence costs and expenses incurred with
the written consent of the Company and in addition the (b) more specifically insured under any other
reasonable defence costs incurred with the written insurance or which would be so insured but for
consent of the Company relating to a prosecution the existence of this clause
brought under the Data Protection Act 1998 in relation
to a claim made by any person (c) arising or caused whilst such vehicle is being

Provided that (i) driven by the Named Insured

(a) any claim for Compensation is first made or (ii) driven with the general consent of the
prosecution first brought against the Named Named Insured or his representative by any
Insured during the Period of Insurance person who to the knowledge of the Named
Insured or such representative does not
(b) the Named Insured is registered in accordance hold a licence to drive such vehicle unless
with the terms of the Act or has applied for such such person has held and is not disqualified
registration which has not been refused or from holding or obtaining such a licence
withdrawn and has taken all reasonable care to
comply with the requirements of the Data (iii) used elsewhere than in Great Britain
Protection Act 1998 Northern Ireland the Isle of Man or the
Channel Islands
(c) no indemnity is granted in respect of
8. Compensation for Court Attendance
(i) the payment of fines or penalties Where at the request of the Company or their
representatives any of the undermentioned persons

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