Page 112 - Binder3

Section 4 – Liability to Third Parties

The Cover
In respect of legal liability for death of or bodily injury to any person and damage to property we will
indemnify the Insured Person when liability is caused by or arises out of the use of the Vehicle or in
connection with the loading or unloading of the Vehicle.

In addition we will pay Costs and Expenses.

4.1 Corporate Manslaughter
In respect of any event which may be the subject of indemnity under this section we will pay legal
costs and expenses incurred with our prior written consent in connection with the defence of any
criminal proceedings (including any appeal against conviction arising from any such proceedings)
brought in respect of a charge and or investigations connected with a charge of corporate
manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act
2007 or any equivalent legislation in the Isle of Man or the Channel Islands committed or alleged to
have been committed during the period of insurance in the course of the business.
Provided always that:
a) our liability under this clause will not exceed the amount stated in the schedule in any one period
of insurance
b) this clause will only apply to proceedings brought in the territorial limits

c) we must consent in writing to the appointment of any solicitor or counsel who are to act for and
on your behalf
d) you will give us immediate notice of any summons or other process served upon you which may
give rise to proceedings under this clause
e) in relation to any appeal counsel has advised there are strong prospects of such an appeal succeeding

f) we will be under no liability:
i) where you have committed any deliberate or intentional criminal act giving rise to a corporate
manslaughter or corporate homicide charge
ii) in respect of fines or penalties of any kind
iii) where indemnity for defence costs is available from any other source or is provided by any
other insurance or where but for the existence of this clause indemnity would have been
provided by such other source or insurance.

4.2 Disabled Motor Vehicles
In respect of legal liability for death of or bodily injury to any person and damage to property we will
indemnify the Insured Person when liability is caused by or arises out of any disabled motor vehicle
while attached to the Vehicle. This section will also apply to any disabled motor vehicle detached from
the Vehicle and not attached to any other vehicle and being used by you but only to the extent
necessary to meet the requirements of any compulsory motor insurance legislation operative within the
Geographical Limits.
We will not be liable for:

a) damage to a disabled motor vehicle
b) any liability if a disabled motor vehicle is being towed otherwise than in accordance with the law
c) damage to property being carried in or on a disabled motor vehicle.
86