Page 113 - Binder3
P. 113

4.3   Immobile Property
                                Exclusion 2 a) will not apply for damage to your immobile property.
                                Provided always that:
                                a)  the amount payable for any one event will not exceed the sum stated in the schedule

                                b)  no other insurance covers the damage.

                                4.4   Indemnity to Personal Representatives
                                Following the death of any person entitled to indemnity we will in respect of the liability incurred
                                indemnify such person’s personal representatives.

                                4.5   Indemnity to Insurer of a Constable
                                In respect of an accident occurring as a direct result of the use of a motor vehicle the property of or on
                                hire or loan to a constable of yours in the pursuit, interception or detention of any person suspected of
                                crime or whom the constable reasonably considers they have the power to apprehend we will at your
                                request indemnify the insurer of the constable to the extent of the insurer’s liability under a motor policy
                                provided no settlement or agreement to settle has been made without our prior agreement.

                                4.6   Movement of Third Party Vehicles
                                In respect of legal liability for death of or bodily injury to any person and damage to property we will
                                indemnify you or any constable, employee, member or volunteer when liability is caused by or
                                arises out of the driving, movement or possession of any motor vehicle with or without the authority of
                                the owner:

                                a)  if parked in a position which obstructs the legitimate passage or the loading or unloading
                                   of the Vehicle
                                b)  within the vicinity of any premises owned or occupied by you

                                c)  when otherwise required in connection with the business.
                                In these circumstances the motor vehicle will not be regarded as property held in your care, custody
                                or control.
                                We will not pay for:

                                a)  liability if the motor vehicle is:
                                   i)  your property or held by you under a hire purchase agreement or hired by or loaned or leased
                                      to you

                                   ii)  other than c) driven or moved by any person who does not hold a Licence unless such person
                                      has held and is not disqualified from holding or obtaining such a Licence

                                b)  damage to property in or on the motor vehicle.

                                4.7   Principal’s Clause
                                In the event of any claim in respect of which you would be entitled to receive indemnity being brought
                                or made against any public or local authority or other principal we will indemnify the said public or
                                local authority or other principal against such claim and/or any costs and expenses in respect thereof.
                                Provided always that:
                                a)  we have the sole conduct and control of any claim
                                b)  the public or local authority or other principal is not entitled to indemnity under any other policy


                                                                                                                  87
   108   109   110   111   112   113   114   115   116   117   118