Exclusively Security – Summary of Cover

Exclusively Security – Summary of Cover
This document is a guide to the cover provided under your Exclusively Security Policy. It is only a summary and does not contain the full terms
and conditions of the contract. For full details of your cover please read your insurance Policy, your Schedule (which indicates operative
sections) and any Endorsements that apply. A copy of your insurance Policy can be obtained by contacting your Insurance Advisor.
Public and Products Liability cover is a compulsory section of this Policy. The other sections (Employers’ Liability, Money and Fidelity
Guarantee) are optional.
Ageas Insurance Limited provides this insurance.
Type of Insurance
Liability insurance for Security and Alarm Companies
Period of Cover
12 Months or as shown on your Schedule
The law which applies to the contract
The law of England and Wales unless agreed otherwise
EMPLOYERS’ LIABILITY
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
This section covers your legal liability to your
employees arising out of injury or disease that
they may sustain during their employment
(including claimants’ costs and expenses)
Territorial Limits: England, Scotland, Wales, the
Channel Islands, the Isle of Man, and any other
member country of the European Union (other
than the Republic of Ireland).
Employers’ Liability
Legal defence costs in defending a claim are
also insured, subject to our agreement
Exclusions:
The standard Limit of Indemnity is £10,000,000
for any one event, inclusive of costs and
expenses
Injury involving motor vehicles in circumstances
where motor insurance is required by law
“Injury” is defined in the Definitions
Liability arising from
• work or visits Offshore
• work in or on or in connection with:
docks, harbours or railways
watercraft or offshore gas or oil
installations
chemical or petrochemical works, oil or
gas refineries or storage facilities
Airside or aircraft
collieries, mines or quarries
power stations
any installation where nuclear processing
is undertaken
“Offshore” is defined in the Definitions
“Airside” is defined in the Definitions
• removal, handling or disposing of asbestos
Costs and expenses in connection with
prosecutions and appeals against convictions
arising under health and safety legislation are
insured, subject to our agreement
The Indemnity to Principal Extension will
indemnify any Principal for legal liability arising
out of work carried out by you under a contract
or agreement so long as indemnity would have
been provided had the claim been made against
you
Employers’ Liability Extensions
The Principal must comply with the terms and
conditions of the policy
Employers’ Liability Extensions
“Principal” is defined in the Definitions
We must have full control of all claims
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PUBLIC AND PRODUCTS LIABILITY
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
This section covers your legal liability arising out
of accidental injury to members of the public or
accidental loss of or damage to their property
resulting directly from the business within the
Territorial Limits during the period of insurance
(including claimants’ costs and expenses)
Territorial Limits: England, Scotland, Wales, the
Channel Islands, the Isle of Man, and any other
member country of the European Union (other
than the Republic of Ireland).
Public and Products Liability
Legal defence costs in defending a claim are
also insured, subject to our agreement
Liability arising from:
Exclusions:
•
The minimum Limit of Indemnity provided for
Public Liability will be £1,000,000 for any one
event. Higher limits (up to £5,000,000) can be
provided on request.
The minimum Limit of Indemnity provided for
Products Liability will be £1,000,000 for any one
period of insurance. Higher limits (up to
£5,000,000) can be provided on request.
work in or on or in connection with:
docks, harbours or railways
watercraft or offshore gas or oil
installations
chemical or petrochemical works, oil or
gas refineries or storage facilities
Airside or aircraft
collieries, mines or quarries
power stations
any installation where nuclear processing
is undertaken
•
design or advice given for a fee
•
work or visits Offshore
•
gradual pollution or contamination
•
Products known to be for use in any type of
aircraft
•
your deliberate acts or those of your
employees
•
any act of theft, fraud or dishonesty by you or
your employees
•
digging or excavation below one metre
•
any Product known by you to be for use in or
supply to the United States of America or
Canada
•
removal, handling or disposing of asbestos
•
the use of guard dogs unless you comply with
the provisions of the Guard Dogs Act 1975
and any amendments
“Airside” is defined in the Definitions
“Offshore” is defined in the Definitions
“Product” is defined in the Definitions
Liability for:
•
costs incurred in recalling, repairing,
reconditioning, replacing or testing any
Product or of rectifying defective
workmanship
•
loss of or damage to property in your custody
or control or being worked upon
•
the amount of the Excess shown in the
Schedule in respect of each and every claim
for loss of or damage to property
•
loss of or damage to money belonging to your
customers
“Excess” is defined in the Definitions
The Schedule shows the Limit of Indemnity
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PUBLIC AND PRODUCTS LIABILITY (continued)
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
Liability arising from:
Public and Products Liability
•
Inefficacy or liability assumed under any
contract or agreement unless the Inefficacy
and Contractual Liability Extension is
operative
“Inefficacy” is defined in the Definitions
•
Products Inefficacy unless the Products
Inefficacy Extension is operative
“Products Inefficacy” is defined in the
Definitions
•
Wrongful Arrest unless the Wrongful Arrest
Extension is operative
“Wrongful Arrest” is defined in the
Definitions
•
Loss of Keys unless the Loss of Keys
Extension is operative
“Keys” are defined in the Definitions
Conditions and Precautions applying:
Public and Products Liability Conditions
• Use of Heat Precautions
• Interior Services Precautions
• Underground Services Precautions
The Inefficacy and Contractual Liability
Extension provides indemnity in respect of
liability arising from the failure to carry out or
provide security duties or services that you have
contracted to perform occurring within the
Territorial Limits during the period of insurance,
assumed by you under contract or agreement.
Liability for:
• the amount of the Excess shown in the
Schedule in respect of each and every claim
for loss of or damage to property
• liquidated damages fines or penalties
• loss of or damage to contract works
• any amount in excess of the Limit of
Indemnity shown in the Schedule
Public and Products Liability Extensions
Liability arising from Products
“Product” is defined in the Definitions
The Products Inefficacy Extension indemnifies
you in respect of liability arising from the failure
of any Product to fulfil or perform its intended
function arising out of your negligence or wilful
default or arising directly out of wrongful advice
provided by you, occurring within the Territorial
Limits during the period of insurance.
Liability for:
• the amount of the Excess shown in the
Schedule in respect of each and every claim
for loss of or damage to property
• any amount in excess of the Limit of
Indemnity shown in the Schedule in the
aggregate in any one period of insurance
Public and Products Liability Extensions
The Wrongful Arrest Extension indemnifies you
for:
Liability:
• for the amount of the Excess shown in the
Schedule in respect of each and every claim
• assumed by you under any contract or
agreement
• for the cost of any fines or penalties
• for any amount in excess of the Limit of
Indemnity shown in the Schedule
Public and Products Liability Extensions
Liability:
• for the amount of the Excess shown in the
Schedule in respect of each and every claim
• for any amount in excess of the Limit of
Indemnity shown in the Schedule during any
one period of insurance
Public and Products Liability Extensions
Certain exclusions apply - please refer to your
Policy wording for full details.
Public and Products Liability Extensions
•
Legal liability for damages arising from
Wrongful Arrest committed by you in the
course of the Business and occurring during
the period of insurance
• Costs incurred in defending or investigating
any claim with our written consent.
The Loss of Keys Extension indemnifies you for:
•
All sums that you become legally liable to pay
(including any consequential loss arising)
• The costs of any necessary temporary
protection of your customers’ premises
as a direct result of customers’ keys being lost
whilst they are in your control during the period
of insurance.
The Financial Loss Extension indemnifies you
for legal liability in respect of Financial Loss
claims first made against you during the period
of insurance.
“Wrongful Arrest” is defined in the
Definitions
“Financial Loss” is defined in the Extension
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PUBLIC AND PRODUCTS LIABILITY (continued)
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
Legal costs and expenses incurred for
representation at any coroners inquest or inquiry
in respect of any death which may be the
subject of indemnity
Costs and expenses must be incurred with our
written consent
Public and Products Liability Extensions
Liability under the Defective Premises Act 1972
in connection with premises previously owned or
leased and since disposed of by you
Liability:
•
for remedying defects in the premises
•
occurring prior to your disposal of the
premises
Public and Products Liability Extensions
Costs and expenses in connection with
prosecutions and appeals against convictions
arising under health and safety legislation are
insured, subject to our agreement
Liability for:
•
the cost of any fine or penalty
•
legal costs and expenses arising out of any
deliberate act or omission
Public and Products Liability Extensions
Liability arising from loss or damage to premises
that are leased, hired or rented to you
Liability assumed by you under a tenancy or
other agreement unless you would have been
liable without the agreement
Liability for:
•
damage to the vehicle or its contents
•
injury or loss whilst the vehicle is being
driven by you
•
injury or loss if indemnity is available under
any other insurance
•
injury or loss occurring outside the EU
Public and Products Liability Extensions
Contingent Motor Liability for use by Employees
of vehicles not belonging to or provided by you,
for the purposes of the business
Public and Products Liability Extensions
“Employee” is defined in the Definitions
Liability arising out of mechanically propelled
plant whilst being used as a tool of trade
Liability:
•
in connection with watercraft hovercraft or
aircraft
•
where indemnity is granted elsewhere
•
which is required to be insured under road
traffic legislation
Public and Products Liability Extensions
The Indemnity to Principal Extension will
indemnify any Principal for legal liability arising
out of work carried out by you under a contract
or agreement so long as indemnity would have
been provided had the claim been made against
you
The Principal must comply with the terms and
conditions of the Policy
Public and Products Liability Extensions
“Principal” is defined in the Definitions
We must have full control of all claims
Court attendance compensation is payable at
the following rates in the event of any of the
undermentioned persons attending court as a
witness at our request in connection with a claim
for which you are entitled to indemnity:
Any Director or Partner
Any Employee
Public and Products Liability Extensions
£500 per day
£250 per day
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PROFESSIONAL INDEMNITY
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
This section covers your legal liability for
breaches of your professional duty that result in:
Territorial Limits: England, Scotland, Wales, the
Channel Islands, the Isle of Man, and any other
member country of the European Union (other
than the Republic of Ireland).
Sub-section 1 - Professional Indemnity
•
•
•
•
•
economic loss not accompanied by injury or
death to third parties or damage to third party
property
accidental injury or damage to property not
caused by any Product
unintentional breach or infringement of third
party intellectual property rights or
confidential information
loss of or damage to documents held by you
but not belonging to you (up to a limit of
£100,000 in any one period of insurance)
unintentional defamation
The Limit of Indemnity is £100,000 for any one
event.
Legal costs and expenses in defending a claim
are also insured, subject to our written
agreement.
Exclusions:
Liability for:
“Product” is defined in the Definitions
• Employees’ dishonest or fraudulent acts
which you ought to have been aware of or
where the annual accounts have not been
audited by a qualified accountant
“Employee” is defined in Sub-section 1 Professional Indemnity – Special Definitions
• claims arising from the ownership
possession or use of any buildings land
aircraft watercraft or vehicle
• claims caused by or arising out of pollution or
contamination
• claims caused by or arising from any Product
• claims arising from patent infringement
• claims arising from liabilities assumed under
contract where liability would not have arisen
in the absence of the contract
• claims arising from Asbestos
“Asbestos” is defined in Sub-section 1 Professional Indemnity – Special Definitions
• injury to Employees
• claims or circumstances that could result in a
claim that are known to you prior to inception
of the Policy
• deliberate acts or known defects
• claims made in respect of any actual or
alleged violation of any law relating to
unconscionable conduct any anti-trust or
competition law or other law prohibiting
restraint of trade business or profession
• claims made in the USA or Canada
• the amount of the Excess shown in the
Schedule in respect of any one claim
• claims caused by or arising from:
out of or in connection with work on or in:
the provision of any service advice design
formula plan or specification in
connection with
any
docks, harbours or railways
watercraft or offshore gas or oil
installations
chemical or petrochemical works, oil or
gas refineries or storage facilities
airports, airfields or aircraft
collieries, mines or quarries
power stations
installation where nuclear processing is
undertaken
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“Excess” is defined in the Definitions
PROFESSIONAL INDEMNITY (continued)
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
Liability for:
Sub-section 1 - Professional Indemnity
• claims caused by or arising from the
transmission of any Computer Virus
“Computer Virus” is defined in the Definitions
• claims arising from the provision of any
advice, design or specification where you
contract to
manufacture, construct, erect or install or
supply materials or equipment
Conditions Applying:
Sub-section 1 - Professional Indemnity
This section is written on a claims made basis,
which means it applies to claims that are
• discovered by, made against or intimated to
you for the first time and
• notified to Ageas
during the Policy period for work undertaken or
acts occurring after the Retroactive Date shown
on the Schedule
Court attendance compensation is payable at
£300 per person for every day that any principal
Partner Director or Employee is required by our
legal representatives to attend court
We may at our own discretion and subject to
giving our prior written consent, reimburse you
up to the value of any fee owed to you by any
client where that client alleges that you are in
breach of your professional duty and where in
our sole opinion, a valid claim is likely to be
made against you in respect of that breach for
which this section would provide indemnity
Sub-section 1 - Professional Indemnity
Extensions
“Partner”, “Director” and “Employee” are
defined in the Definitions
The breach of your professional duty must:
• first become known to you during the period
of insurance
• be notified to us during the period of
insurance
• arise from a negligent act, error or omission
committed on or after the Retroactive Date
• arise in connection with the Business
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Sub-section 1 - Professional Indemnity
Extensions
MONEY
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that contains
further details
This section covers your legal liability for loss of
or damage to Money belonging to your
customers, occurring within the Territorial Limits
in connection with the Business during the
period of insurance
Territorial Limits: England, Scotland, Wales, the
Channel Islands, the Isle of Man, and any other
member country of the European Union (other
than the Republic of Ireland).
Money
“Money” is defined in the Definitions
Exclusions:
Liability for:
• depreciation, shortages, errors, omissions or
any consequential loss
• loss of or damage to Money from any
unattended conveyance
• the amount of the Excess shown in the
Schedule in respect of each and every claim
The minimum Limit of Indemnity provided will be
£2,500 for any one occurrence and in the
aggregate. Higher limits (up to £10,000) can be
provided on request.
“Excess” is defined in the Definitions
The Schedule shows the Limit of Indemnity
Legal liability for loss of Money belonging to
your customers arising out of theft, dishonesty,
fraud or embezzlement by any Employee,
Director or Partner provided that the loss is
discovered within 72 hours of its occurrence
Liability if we have declined to provide Fidelity
Guarantee Insurance to you
Liability in respect of claims made by your
customers for additional expenses incurred by
your customers in making up duplicate payroll
and/or for payment of overtime wages for their
employees as a result of such employees
having to wait after their normal working hours
for their pay following a loss covered under this
section
Liability for any amount in excess of £2,000
Money Extensions
“Money” is defined in the Definitions
Liability for any amount in excess of the Limit of
Indemnity shown in the Schedule in respect of
any occurrence or series of occurrences
attributable to one original cause or source in
the aggregate
“Employee”, “Director” and “Partner” are
defined in the Definitions
Money Extensions
FIDELITY GUARANTEE
Significant Features and Benefits
Significant Exclusions or Limitations
Section of the Policy that Contains further
Details
This section indemnifies you for direct loss of
Money or goods belonging to you or your
customers by an act of Theft committed during
the period of insurance by any Employee
resident within the Territorial Limits
Territorial Limits: England, Scotland, Wales, the
Channel Islands and the Isle of Man.
Fidelity Guarantee
“Money” is defined in the Definitions
Exclusions:
“Theft”, “Employee” and “One Claim” are
defined in Fidelity Guarantee Section –
Special Definitions
Liability for:
• loss of interest or consequential loss of any
kind
• the amount of the Excess shown in the
Schedule in respect of any One Claim
“Excess” is defined in the Definitions
• further acts of Theft by an Employee
following the discovery of a previous act of
Theft by the same Employee
The minimum Limit of Indemnity provided will be
£25,000 for any One Claim. Higher limits (up to
£250,000) can be provided on request.
The Schedule shows the Limit of Indemnity
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GENERAL CONDITIONS and EXCLUSIONS
Significant Conditions
Significant Exclusions
Section of the Policy that contains further
details
CONDITIONS
EXCLUSIONS
You must comply with the conditions of the
Policy explained in the General Conditions
section of the Policy for cover to apply.
The Policy excludes loss, damage, injury or
liability arising from or relating to:
General Conditions or General Exclusions (as
appropriate)
• nuclear or radioactive materials or incidents*
These include:
• your duty to take reasonable precautions to
prevent injury, loss or damage
• actions you must take as soon as you are
aware of a possible claim under the Policy
• your obtaining written evidence that
independent contractors (bona fide
subcontractors) appointed by you and
undertaking work for you or on your behalf,
have in force policies of insurance covering
Employers’ Liability insurance and
containing an Indemnity to Principal
clause or extension
Public Liability (including Inefficacy and
Contractual Liability) and Products
Liability (including Products Inefficacy
Liability) insurance with Limits of
Indemnity of not less than those applying
to this Policy and containing an Indemnity
to Principal clause or extension
Professional Indemnity insurance with a
Limit of Indemnity of not less than that
applying to this Policy
• your obtaining satisfactory references in
respect of
all Employees before any person is
employed
all subcontractors before any
subcontractors are engaged
in accordance with
British Standard BS7858 Code of
Practice for Security Screening of
Personnel employed in a Security
Environment and/or British Standard
BS7499 Manned Security Services Part
1, Code of Practice for Static Guarding
and Mobile Control Services or any
amendment thereto in respect of
Employees engaged in guarding activities
or the provision of key holding services or
security installation servicing or
maintenance services or activities or
British Standard BS7960 Code of
Practice for Door Supervisors/Stewards
or any amendment thereto in respect of
Employees engaged in door supervising
activities or stewarding work
You must make a written record of any
verbal reference at the time it is obtained and
the original copy of each written reference
and the record of any verbal reference shall
be retained by you and shall be made
available for inspection by us on request
• acts of war*
• fines, penalties and punitive damages
• acts of Terrorism (but Employers’ Liability
cover is sub-limited to £5,000,000 for any
one event)
* Not applicable to Employers’ Liability cover
Nov 2013
Page 8
Claims
If you wish to make a claim, please telephone:
0870 241 2974 for all sections of cover
How to complain
We are committed to treating our customers fairly. However, we realise that there may be times when things go wrong. If this happens, please
use the most suitable contact from the following list.
For complaints about claims, please phone 0844 748 0117 or email [email protected]
For complaints about policy administration and documents, please phone 0161 834 9888 or email
[email protected]
If you are not happy with our final response, you may be able to pass your complaint to the Financial Ombudsman Service. More information is
available from us or the Ombudsman.
Financial Services Compensation Scheme
We, Ageas Insurance Limited, are covered by the Financial Services Compensation Scheme (FSCS). If we fail to carry out our responsibilities
under this policy, you may be entitled to compensation from the Financial Services Compensation Scheme. Information about the scheme is
available at www.fscs.gov.uk or by phone on 0207 741 4100.
Registered office address Ageas House, Hampshire Corporate Park, Templars Way, Eastleigh, Hampshire SO53 3YA
Registered in England and Wales no 354568
Ageas Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and
the Prudential Regulation Authority.
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