Page 142 - Binder2
P. 142
CONDITIONS
1.
Interpretation This wording and Schedule shall be read together as one contract and any word or expression to
which a specific meaning has been attached in any part of this wording or Schedule shall bear
such specific meaning wherever it may appear.
2.
Precautions The Insured shall take all reasonable precautions to prevent loss, damage or Bodily Injury and
shall maintain all buildings, furnishings, ways, works, machinery, plant and vehicles in sound
condition. The Insured shall make good or remedy any defect or danger as soon as practicable.
3.
Alterations The Insured shall give notice to the Company as soon as practicable of any alteration that
materially affects the subject matter of this insurance.
4.
Cancellation The Company may cancel this insurance by sending thirty days’ written notice to the Insured at the
Insured’s last known address whereupon the Insured shall be entitled to a refund of a
proportionate part of the Premium subject always to Condition 6.
5.
Claims
Procedure It is a condition precedent to indemnity that:-
i) the Insured shall give to the Company immediate written notice with full particulars of:-
a) any occurrence which may give rise to a claim for indemnity under this insurance.
b) (i) any Employee Bodily Injury related absence of more than three working days
duration or
(ii) any disease contracted by any Employee
but only providing such Bodily Injury or disease has arisen or is alleged to have
arisen out of and in the course of employment with the Insured
c) any impending prosecution, coroner’s inquest or fatal accident enquiry in connection
with any occurrence which may give rise to a claim for indemnity under this
insurance
ii) every letter, claim, writ, summons or process in connection with any occurrence which may
form the subject of indemnity hereunder shall be notified or forwarded to the Company
immediately upon receipt
iii) the Insured shall neither admit liability for nor agree to settle or repudiate any claim without
the written consent of the Company. The Company shall be entitled to conduct the
defence of any claim in the name of the Insured and to prosecute in the Insured’s name for
the Company’s benefit any claim for indemnity against any third party and shall have full
discretion in the conduct of any negotiations and proceedings and the settlement of any
claim
iv) the Insured shall give to the Company all such information and assistance as the Company
may reasonably require
v) the Insured shall at all times, in addition to their obligations set out above, afford such
information to and co-operation with the Company or their appointed agents to allow the
Company to be able to comply with such relevant Practice Directions and Pre-Action
Protocols as may be issued and approved from time to time by the Head of Civil Justice
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ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015

