Page 91 - Binder2
P. 91
Cover
Provided that
1. Legal Liability (a) in relation to any appeal counsel has advised
The Company will indemnify the Insured subject to the there are strong prospects of such appeal
Limits of Indemnity in respect of all sums which the succeeding
Insured shall become legally liable to pay as
Compensation for and arising out of accidental Injury (b) the proceedings do not relate to the health safety
or Damage occurring during the Period of Insurance
and arising in connection with the Business or welfare of any Employee
2. Claimants' Costs and Expenses (c) the indemnity will not apply to
The Company will in addition indemnify the Insured
against legal liability for claimants' costs and expenses (i) proceedings consequent upon any
deliberate act or omission
in connection with the indemnity provided under
clause 1 of the Cover (ii) fines or penalties of any kind
3. Defence Costs and Expenses
The Company will in addition indemnify the Insured in (iii) the bringing of any appeal solely against the
respect of all amount of any fine or penalty
(a) costs of legal representation reasonably incurred (iv) any circumstances where indemnity is
with the Company's written consent at any
provided by any other insurance or where
(i) coroner's inquest or other inquiry in respect but for the existence of this clause 4 of the
of any death Cover indemnity would have been provided
by such other insurance
(ii) proceedings in any court (other than in the 5. Corporate Manslaughter And Corporate Homicide
defence of any criminal proceedings brought Act 2007 Defence Costs
or in an appeal against conviction arising The Company will indemnify the Named Insured in
from such proceedings) in respect of any act respect of all costs of legal representation incurred
or omission causing or relating to any with the Company's written consent for
occurrence
1. the defence of any criminal proceedings or
(b) other costs and expenses reasonably incurred
with the Company's written consent in relation to
any matter 2. in an appeal against conviction arising from such
proceedings
which may be the subject of indemnity under clause 1 brought against the Named Insured for an offence of
of the Cover corporate manslaughter or corporate homicide arising
under the Corporate Manslaughter and Corporate
4. Consumer Protection Act or Health and Safety at Homicide Act 2007 (or any subsequent amending
Work Act or Food Safety Act Prosecution Defence
Costs legislation thereof) committed or alleged to have been
The Company will indemnify the Named Insured and committed during the Period of Insurance in the
at the request of the Named Insured any Employee of course of the Business
the Named Insured in respect of legal costs and other
expenses reasonably incurred with the Company's Provided that
written consent in the defence of any criminal
proceedings brought or in an appeal against
conviction arising from such proceedings in respect of (a) in relation to any appeal counsel has advised
a breach of there are strong prospects of such appeal
succeeding
(a) the Consumer Protection Act 1987 or any (b) the proceedings relate to the death of any person
amending legislation or other than an Employee
(b) the Health and Safety at Work etc Act 1974 or (c) the indemnity will not apply to
the Health and Safety at Work (Northern Ireland)
Order 1978 or any similar United Kingdom health (i) proceedings consequent upon death
and safety legislation and regulations or resulting from any deliberate act or omission
but this exclusion shall not apply where
(c) the Food Safety Act 1990 or any amending death is caused by the way in which the
legislation
Business is managed or organised by the
committed or alleged to have been committed during Named Insured and amounts to a gross
the Period of Insurance in the course of the Business
13
Casualty Policy Wording TRV0126 02/14 Policy Code 2010 05/12
