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Cover Ireland) Order 1978 or any similar UK health and
safety legislation and regulations committed or alleged
to have been committed during the Period of
Insurance in the course of the Business
1. Bodily Injury
The Company will indemnify the Insured subject to the Provided that
Limit of Indemnity stated in the Schedule against legal
liability to pay Compensation for Bodily Injury (a) in relation to any appeal counsel has advised
sustained by any Employee arising out of and in the there are strong prospects of such appeal
course of employment by the Named Insured in
connection with the Business and caused during the succeeding
Period of Insurance within
(b) the proceedings relate to the health safety or
welfare of any Employee
(a) Great Britain Northern Ireland the Isle of Man or
the Channel Islands and offshore installations in (c) the indemnity will not apply to
territorial waters around Great Britain and its
continental shelf (i) proceedings consequent upon any
deliberate act or omission
(b) elsewhere in the world where any Employee
normally resident in the territories stated in (a) (ii) fines or penalties of any kind
above is temporarily working in connection with
the Business (iii) the bringing of any appeal solely against the
amount of any fine or penalty
2. Claimants' Costs and Expenses
The Company will indemnify the Insured subject to the
Limit of Indemnity stated in the Schedule against legal (iv) any circumstances where indemnity is
liability for claimants' costs and expenses in provided by any other insurance or where
but for the existence of this clause 4 of the
connection with the indemnity provided under clause 1 Cover indemnity would have been provided
of the Cover by such other insurance
3. Defence Costs and Expenses 5. Corporate Manslaughter And Corporate Homicide
The Company will indemnify the Insured subject to the Act 2007 Defence Costs
Limit of Indemnity stated in the Schedule in respect of The Company will indemnify the Named Insured in
all respect of all costs of legal representation incurred
with the Company's written consent for
(a) costs of legal representation reasonably incurred
with the Company's written consent at any
1. the defence of any criminal proceedings or
(i) coroner's inquest or other inquiry in respect
of any death 2. in an appeal against conviction arising from such
proceedings
(ii) proceedings in any court (other than in the brought against the Named Insured for an offence of
defence of any criminal proceedings brought corporate manslaughter or corporate homicide arising
or in an appeal against conviction arising under the Corporate Manslaughter and Corporate
from such proceedings) in respect of any act Homicide Act 2007 (or any subsequent amending
or omission causing or relating to any legislation thereof) committed or alleged to have been
occurrence committed during the Period of Insurance in the
course of the Business
(b) other costs and expenses reasonably incurred
with the Company's written consent in relation to Provided that
any matter
which may be the subject of indemnity under clause 1 (a) in relation to any appeal counsel has advised
of the Cover there are strong prospects of such appeal
succeeding
4. Health and Safety at Work Act Prosecution (b) the proceedings relate to the death of any
Defence Costs Employee
The Company will indemnify the Named Insured and
at the request of the Named Insured any Employee of (c) the indemnity will not apply to
the Named Insured subject to the Limit of Indemnity as
stated in the Schedule in respect of legal costs and (i) proceedings consequent upon death
other expenses reasonably incurred with the resulting from any deliberate act or omission
Company's written consent in the defence of any but this exclusion shall not apply where
criminal proceedings brought or in an appeal against
conviction arising from such proceedings in respect of death is caused by the way in which the
a breach of the Health and Safety at Work etc Act Business is managed or organised by the
1974 or the Health and Safety at Work (Northern Named Insured and amounts to a gross
6
Casualty Policy Wording TRV0126 02/14 Policy Code 2010 05/12
