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12. Cross Liabilities 17. Jurisdiction
Where the Named Insured comprises more than one This condition does not apply to the Cybermedia
party the Company will indemnify each Named Liability Section
Insured to whom this Policy applies in the same
manner and to the same extent as if a separate Policy Any indemnity provided by this Policy in respect of
had been issued to each provided that the total legal liability to pay Compensation (including claimants
amount payable shall not exceed the specified amount costs and expenses) shall operate in accordance with
detailed in the Schedules or elsewhere in the Policy as the law of any country but not in respect of any
the Limit of Indemnity regardless of the number of judgement award payment or settlement made within
parties claiming to be indemnified countries which operate under the laws of the United
States of America or Canada (or to any order made
Provided that anywhere in the world to enforce such judgement
award payment or settlement either in whole or in part)
(a) the Company shall not indemnify the Named unless the Named Insured has requested that there
Insured against liability for which an indemnity is shall be no such limitation and has accepted the terms
or would be granted under any Employers of the North American Jurisdiction extension clause
Liability insurance but for the existence of this which may form part of any Section of this Policy and
Policy has agreed to pay any additional premium required by
the Company
(b) in respect of claims under the Professional
Indemnity Section or Official’s Indemnity Section Provided that the indemnity provided by the
(where operative) this condition will only apply Employers’ Liability Section where operative will not
where the claim does not emanate originally from apply to any action for Compensation brought against
the Named Insured the Insured in any court outside the European Union
13. Contracts (Rights of Third Parties) Act 1999 18. Abuse
A person firm body corporate or entity who is not the This condition shall apply in respect of the Public and
Named Insured has no right under the Contracts Products Liability Section and Professional Indemnity
(Rights of Third Parties) Act 1999 to enforce any term Section where insured
of this Policy but this does not affect any right or
remedy of a third party which exists or is available In so far as indemnity is provided under the Public and
apart from that Act Products Liability Section and Professional Indemnity
Section in respect of any legal liability (and or
14. Premium Adjustment prosecution defence costs and expenses in so far as
Where in the Master Schedule any Section of this indemnity is provided under the Public and Products
Policy is shown to be subject to a premium adjustment Liability Section) directly or indirectly resulting from
the Named Insured shall within one month of the caused by contributed to attributed to or in any way
expiry of the Period of Insurance forward to the related to Abuse it is understood and agreed that
Company such information as the Company may
require The Company shall thereupon adjust the (a) any of the specified amounts detailed in the
premium subject to any minimum premium specified Schedules as limits of indemnity or the amount of
by the Company any other limit stated in the Policy shall (where
not already so stated) be the total amount
15. Cancellation payable in the aggregate in respect of all claims
This insurance or any cover included herein may be during any one Period of Insurance and which
cancelled at any time by the Company by giving at amount shall be inclusive of all claimants’ and
least thirty days notice by Recorded Delivery letter to defence costs and expenses to the extent
the Named Insured at the last known address The indemnified for (and in respect of the Public and
Named Insured shall be entitled to the return of a Products Liability Section prosecution defence
proportionate part of the premium corresponding to costs and expenses to the extent indemnified for)
the unexpired Period of Insurance
(b) where legal liability is not attributable to a single
16. Risk Improvements identifiable event that occurs at a single fixed
Any risk improvements deemed necessary by the time and place then for the purpose of what
Company following the Company’s survey or surveys constitutes one claim in respect of the provision
of the risk shall be complied with and implemented of indemnity under this Policy and the application
within the time specified by the Company of the Deductible and inter alia paragraph (a) of
General Exclusion 5 all occurrences of Abuse
The Company reserves the right to review all the suffered by any individual Third Party claimant
terms and conditions of the Policy following the survey committed during the Period of Insurance shall
or surveys be considered individually as one claim
(c) For the purposes of this condition the reference
to Period of Insurance in paragraphs (a) and (b)
above shall include any period prior to the Period
of Insurance where the insurance is subject to a
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Public Sector General Terms and Conditions Policy Wording TRV0125 02/14 Policy Code 2009 05/12
