Page 106 - Binder2
P. 106

Exclusions                                             8.   liability arising out of or for the cost of removing
                                                                   nullifying or clearing up any actual or alleged Pollution
                                                                   or Contamination other than caused by a sudden
                                                                   identifiable unintended and unexpected incident which
        The indemnity provided by this Section does not apply to   takes place in its entirety at a specific time and place
                                                                   during the Period of Insurance anywhere in the world
        1.   indemnify any Employee who is an Insured against      except the United States of America its territories and
            any liability arising out of any act or omission of that   possessions Puerto Rico and Canada
            individual person which is

            (a)  dishonest or criminal or fraudulent or            Provided that

            (b)  the result of deliberate wrongdoing or            (a)  notwithstanding General Condition 17 or any
                                                                       amendment thereto the Company shall not grant
                 recklessness (including for the avoidance of
                 doubt any act or omission of that individual          indemnity in respect of any Claim brought in the
                                                                       courts of the United States of America its
                 person which is made deliberately with intent to      territories and possessions Puerto Rico and
                 cause loss or damage or recklessly as to whether      Canada or in respect of the enforcement of a
                 loss or damage may be caused)                         judgement obtained in any such courts

            provided however                                       (b)  all Pollution or Contamination which arises out of
                                                                       one incident shall be deemed to have occurred at
            (i)   this Section shall provide an indemnity to such      the time such incident takes place
                 individual person against all costs charges and
                 expenses reasonably incurred with the prior
                 consent of the Company in successfully            (c)  For the avoidance of doubt the liability of the
                 defending any action brought in respect of such       Company for all Compensation and claimants’
                 Claims                                                and defence costs and expenses payable in
                                                                       respect of all Pollution or Contamination which
                                                                       has occurred or is deemed to have occurred
            (ii)  for the purpose of this exclusion any such act       during the Period of Insurance shall not exceed
                 described in paragraph (a) and (b) above of this      the Limit of Indemnity in the aggregate
                 exclusion committed or alleged to have been
                 committed by any Employee shall not be imputed    For the purpose of this Exclusion 'Pollution and
                 to any other Employee who did not knowingly       Contamination' shall mean
                 consent to it or authorise it
                                                                   (a)  all pollution or contamination of buildings or other
        2.   indemnify the Named Insured in respect of liability for   structures or water or land or the atmosphere
            acts or omissions authorised by the Named Insured or
            at the request of or with the approval of the Named
            Insured where such authorisation request or approval   and
            is dishonest or criminal or fraudulent or results from      (b)  all loss or damage or injury directly or indirectly
            deliberate wrongdoing or recklessness other than this      caused by such pollution or contamination
            Section shall provide an indemnity to the Named
            Insured against all costs charges and expenses     9.   liability in respect of Injury or Damage
            reasonably incurred with the prior consent of the
            Company in successfully defending any action brought   10.  liability based upon or attributed to or caused wholly or
            in respect of such Claims                              in part by any party specified in the definition of
                                                                   Insured gaining or being promised any personal profit
        3.   liability for slander or libel                        or receiving or being promised any remuneration to
                                                                   which they were not legally entitled.
        4.   liability in respect of surcharge made by the District
            Auditor or other competent body
                                                               11.  liability based upon or attributed to or caused wholly or
        5.   liability for errors or omissions in information given in   in part by any matter the subject of a finding of
            connection with searches and enquiries in relation to   maladministration or censure by either the Local
                                                                   Authority Ombudsman or a court or tribunal of
            property other than as provided for under Cover        competent jurisdiction
            clause 2 (Land Charges Indemnity) of this Section
                                                                   Provided always that this exclusion shall not apply in
        6.   liability arising from any notice served under any    respect of any legal liability that would have attached
            public health regulations or any similar legislation   independently of such finding
            other than as provided for under Cover clause 3
            (Public Health Act) to this Section                12.  liability of whatsoever nature directly or indirectly
                                                                   caused by or contributed to by or arising from or costs
        7.   liability assumed by the Insured under any contract or   and expenses arising in relation to the failure of any
            agreement (whether orally or in writing) unless such
            liability would have attached notwithstanding such     computer or other equipment or system for processing
            contract or agreement                                  storing or retrieving data whether the property of the


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