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 Page 1 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 Page 2 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 Page 3 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 Page 4 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 Page 5 “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 Page 6 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 Page 7 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. Page 9
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