Page 109 - Binder2
P. 109

Operative Clauses                                                  (b)  any monies held by the Insured and
                                                                                belonging to such person

                                                                            (c)  any monies recovered following action
        1.   Legal Liability                                                    as described in 1B(iii) above
            The Company will indemnify the Insured subject to the
            Limit of Indemnity against legal liability for             (v)  the Company shall not be liable for any
            Compensation (including claimants' costs and                    claim arising from any dishonest or
            expenses) in respect of any Claim which is
                                                                            fraudulent act or omission committed by
            (a)  both first made against the Insured and notified to
                 the Company during the Period of Insurance or              (a)  any person after the discovery by a
                                                                                director officer or principal of the
                                                                                Insured of reasonable cause for
            (b)  first made against the Insured during the Period
                 of Insurance and notified to the Company within                suspicion of fraud or dishonesty in
                                                                                relation to that person
                 thirty days after the end of the Period of
                 Insurance                                                  (b)  any director  officer or principal of the
                                                                                Insured
            incurred in the conduct of the Business Activities of
            the Named Insured carried out at or from premises      C.  Libel and Slander
            within the Territorial Limits by reason of                 libel and Slander accidentally committed or
                                                                       occasioned by the Insured or any Agent in good
            A.  Breach of Duty
                 a breach of duty owed by the Insured in its           faith
                 professional capacity arising out of any act error
                 or omission which is negligent accidentally   2.   Accidental Damage to Documents
                 committed or occasioned in good faith by          The Company will indemnify the Insured against
                                                                   accidental Damage to Documents belonging to or for
                                                                   which the Insured is legally responsible incurred in the
                 (i)    the Insured                                conduct of the Business Activities of the Named
                                                                   Insured carried out at or from premises within the
                 (ii)   any Agent                                  Territorial Limits first discovered and notified to the
                                                                   Company during the Period of Insurance
                 (iii)   any other person firm or company acting
                     jointly with the Insured                      This indemnity is in respect of

            B.  Dishonesty
                 any dishonest or fraudulent act or omission on    (a)  all Compensation which the Insured shall
                 the part of any Employee or Agent                     become legally liable to pay in consequence of
                                                                       such Damage subject to the Limit of Indemnity
                 Provided that                                         and
                                                                   (b)  all costs and expenses reasonably incurred by
                 (i)   such dishonest or fraudulent act error or       the Insured in replacing or restoring Documents
                     omission was made without the consent or          belonging to the Insured up to a maximum of
                     connivance of any director officer or             £25,000 during the Period of Insurance
                     principal of the Named Insured
                                                                   Provided that such Damage is sustained while the
                 (ii)  no person committing or condoning such      Documents are either in transit or in the custody or
                     dishonest or fraudulent act or omission shall   control of the Insured or its Agent or any person to
                     be entitled to indemnity                      whom the Insured has entrusted them and that where
                                                                   documents are believed lost the Insured or its Agent
                 (iii)  if the Company so requests the Named
                     Insured shall take all reasonable steps to    has failed to find them after diligent search
                     effect recovery from the person committing
                     or condoning such dishonest or fraudulent     The Deductible shall not apply to Operative Clause
                                                                   2(b) above
                     act or omission or from the estate and/or the
                     legal representatives of such person      3.   Defence Costs and Expenses
                                                                   The Company will indemnify the Insured subject to the
                 (iv)  the following shall be deducted from any    Limit of Indemnity in respect of all costs and expenses
                     amount which but for this sub-clause (iv)     (other than any costs incurred in endeavouring to
                     would be payable under this insurance         effect recovery in accordance with provision (iii) of
                                                                   Operative Clause 1.B. which are incurred by the
                     (a)  any monies which but for such            Company or by the Insured with the Company's
                         dishonest or fraudulent act or omission   written consent in connection with the defence or
                         would be due from the Insured to the
                         person committing or condoning such       settlement of any Claim under this Section
                         act error or omission


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