Page 96 - Binder3

iv) maintenance, servicing, testing, checking or repairing any motor vehicle not owned, hired, leased
or borrowed by you provided always that we will not pay for liability resulting from the use on the
road within the meaning of the Road Traffic Acts of any vehicle while under the control of any
person for whose acts you are legally responsible or but for the fact that such control is
unauthorised you would be legally responsible

9. Pollution or Contamination
liability in respect of Pollution or Contamination other than caused by a sudden, identifiable,
unintended and unexpected incident which takes place in its entirety at a specific time and place
during the period of insurance. All Pollution or Contamination which arises out of one incident will
be deemed to have occurred at the time such incident takes place.
Provided always that this exclusion will not apply in respect of any discharge, release or escape of
legionella from any premises owned or operated by you subject to:

a) a regular risk assessment being carried out of all water systems to assess the risk of legionella and
the suitable management of any risk of legionella being identified in the risk assessment; and

b) compliance with the Health and Safety Commission’s Approved Code of Practice entitled
“Legionnaires disease – The control of legionella bacteria in water systems”; and

c) details having been supplied by you to us of the number of premises owned or operated by you
where cooling towers, evaporative condensers and/or other apparatus giving rise to an increased
risk of legionella are present; and
d) details having been supplied by you to us of all incidents of legionellosis having occurred at any
premises owned or operated by you in the last ten years.
All Pollution or Contamination which arises out of or as a consequence of any discharge, release or
escape of legionella from any premises owned or operated by you shall be deemed to have occurred
on the date that you first become aware of circumstances which have given or may give rise to such
Pollution or Contamination.
This part shall not apply to any claim arising from Pollution or Contamination which arises out of or as
a consequence of any discharge, release or escape of legionella from any premises owned or operated
by you if before the current period of insurance you had become aware of circumstances which have
given or may give rise to such Pollution or Contamination.
Our total liability for Pollution or Contamination, including any indemnity provided in respect of any
discharge, release or escape of legionella which is deemed to have occurred during the period of
insurance will not exceed in the aggregate the sum specified in the schedule as the limit of indemnity

You shall give notice in writing to us immediately on becoming aware of circumstances which have
given or may give rise to a claim arising from any discharge, release or escape of legionella.

10. Professional Advice, Design or Specification
Injury or damage arising out of professional advice, design or specification given by you for a fee or in
circumstances where a fee would normally be charged but this exclusion will not apply to damage to
property other than that which is the subject of such professional advice, design or specification

11. Property Damage and Defective Work
a) damage to that part of any property upon which you or any servant or agent of yours is or has
been working where the damage is the direct result of faulty workmanship prior to the sale or
transfer of the property to some other party
b) damage to land or property previously owned by you but sold or transferred to another party
where such damage results from a defect in that land or property
70