Page 140 - Binder2
P. 140
Any consent given by the Company in relation to incurring Defence Costs shall cease if opinion is
obtained from instructed solicitors or counsel stating that any of the following apply:-
a) there is no reasonable prospect of a defence to a prosecution relating to i), ii) or iii) above.
b) the defence of any such prosecution ceases to be relevant to the defence of any claim for
damages for which an indemnity is provided by this insurance.
c) the prosecution relates to a deliberate act or omission that is intended to cause Bodily
Injury.
5.
Employee "Employee" means any person under a contract of service or apprenticeship with the Insured
including:-
i) any labour master or any person supplied by him
ii) any person employed by any labour only sub-contractor
iii) any self-employed person
iv) any person hired to or borrowed by the Insured for the provision of their labour only
v) any person undertaking study or work experience or on any related scheme
whilst engaged by and under the direct control and supervision of the Insured in connection with the
Business.
6.
Insured At the request of the Insured, the "Insured" includes:-
i) any principal, landlord, lessor, hirer or any other party as may be required by contract
ii) any party for whom the Insured is carrying out a contract away from the Insured’s own
premises
iii) any director or partner of the Insured
iv) any Employee
v) any officer or member of the Insured’s catering, social, sports or welfare organisations, first
aid, fire, security or ambulance services
vi) any Official
vii) the Insured’s executor in the event of the death of the Insured
viii) any Employee or director or any accompanying spouse whilst overseas in the course of the
Business and acting in a personal capacity
but (other than in respect of viii)) only in respect of liability for which the Insured named in the
Schedule would have been entitled to indemnity under this insurance if the claim had been made
directly against the Insured.
7.
Official "Official" means any individual not under a contract of service or apprenticeship with the Insured but
who is appointed or elected to carry out the Insured’s duties.
8.
Offshore In respect of Section A, an Employee is deemed "Offshore" during the period of time commencing
when such Employee embarks on to a conveyance at the point of final departure to an offshore rig
or offshore platform and terminating when such Employee disembarks from the conveyance on to
land upon his return from an offshore rig or offshore platform.
9.
- 14 -
ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015

