Page 139 - Binder2
P. 139

DEFINITIONS

                  1.
                  Act of
                  Terrorism        "Act of Terrorism" means an act including, but not limited to, the use of force or violence and/or the
                                   threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in
                                   connection with any organisation(s) or government(s) committed for political, religious, ideological or
                                   similar purposes including the intention to influence any government and/or to put the public, or any
                                   section of the public, in fear.

                  2.
                  Bodily Injury    "Bodily  Injury"  includes  death,  injury,  illness,  disease,  false  arrest,  imprisonment,  false  eviction,
                                   mental injury, mental anguish, distress and nervous shock.

                  3.
                  Business         As set out in the proposal and described in the attached Schedule which includes:-

                                   i)     the  ownership,  repair,  maintenance  and  decoration  of  the  Insured’s  property  and  the
                                          provision and management of first aid, fire, security and ambulance services.
                                   ii)    the provision and management of catering, social, sports or welfare organisations primarily
                                          for the benefit of Employees.
                                   iii)   participation in exhibitions.
                                   iv)    private work undertaken by an Employee for any director or officer of the Insured.
                                   v)     the service or repair of the Insured’s own vehicles.

                  4.
                  Defence
                  Costs            "Defence  Costs"  means  all  costs  and  fees  and  expenses  incurred  with  the  Company’s  written
                                   consent  in  the  defence  or  settlement  of  any  claim  for  which  an  indemnity  is  provided  by  this
                                   insurance including legal expenses:-

                                   i)     incurred by the Insured arising out of any prosecution of the Insured for breach or alleged
                                          breach of Part 1 of the United Kingdom Health and Safety at Work etc Act 1974 (or similar
                                          European safety legislation) and the Consumer Protection Act 1987, the Data Protection
                                          Act 1998, the Food Safety Act 1990 or the Disability Discrimination Act 1995  relating to
                                          a)      if Section A of this insurance is operative, matters affecting the safety, health
                                                  and welfare of any Employee
                                          b)      if Section B of this insurance is operative, matters affecting the safety, health
                                                  and welfare of any person other than any Employee (but excluding legal fees
                                                  and expenses arising from a breach of Section 6 of the Act unless Section C of
                                                  this insurance is operative)
                                   ii)    arising out of representation at any coroner’s inquest or fatal accident enquiry.
                                   iii)   arising out of the defence of any proceedings in a Court of Summary Jurisdiction in respect
                                          of  matters  which  may  form  the  subject  of  indemnity  under  this  insurance  including  the
                                          defence of any charge of manslaughter.

                                   provided that the Company shall not be liable for any fines or penalties imposed as a consequence
                                   of any such prosecution.

                                                                                                           - 13 -
                  ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015
   134   135   136   137   138   139   140   141   142   143   144