Boat Traders Policy - Bay Marine Insurance

Transcription

The Boat Traders
Policy Wording
The
Boat Traders
Policy
IMPORTANT
This policy has been designed to provide cover for the aspects of your business proposed to us by you.
It is important that you read the document to ensure you fully understand its terms and conditions and to satisfy yourself that the cover
provided is in accordance with your requirements.
Tony Harris
Managing Director
For and on behalf of Towergate Marine Underwriting.
A division of Towergate Underwriting Group Ltd.
CONTACT INFORMATION
TOWERGATE MARINE UNDERWRITING
Underwriting Department :
Claims Department :
Address: THS House
91-92 High street
LYMINGTON
Hampshire
SO41 9AL
Address
nd
2 Floor
Eastgate House
Eastgate Street
GLOUCESTER
GL1 1PX
:
Tel No:
Fax No:
01590 671560
01590 679893
Tel No
Fax No
: 01452 314059
: 01452 314062
Email:
sales@towergate.co.uk
Email:
claims@towergate.co.uk
Registered Office
Registered Number:
:
Towergate House, 2 County Gate, Stacey Street, Maidstone, ME14 1ST
4043759
Authorised and regulated by the Financial Services Authority
Underwritten by the following Insurers as specified on the schedule:
Norwich Union Insurance and
Surrey St
Norwich
NR1 3NS
Underwriters at Lloyds and
Lloyds of London
Lime Street
EC3M 7HA
Registered Number: 99122
Main Business: Insurance Co.
Authorised and registered by the
Financial Services Authority
Main Business: Insurance Underwriter.
Authorised & registered by the
Financial Services Authority
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Royal Sun Alliance Insurance Group PLC
St Marks Court
Chart Way
Horsham
West Sussex,
H12 1XL
Registered Number: 93792.
Main Business: Insurance Co.
Authorised and regulated by the
Financial Services Authority.
Effective from 15/01/2005
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Boat Traders
Policy
GENERAL PROVISIONS
A.
INTRODUCTION
1.
Your Policy and Schedule is a legally binding contract between us, the Insurers named for the relevant Section and you, the Insured,
named on the Schedule.
2.
Your Policy is arranged between Towergate Marine Underwriting, (part of the Towergate Underwriting Group Limited) THS House,
91-92 High Street, Lymington, Hampshire, SO41 9AP (telephone number 01590 671560, facsimile number 01590 679893) who are
authorised by the insurers to sign and issue the policy documentation on their behalf. All correspondence with us should be
addressed to Towergate Marine Underwriting at the above address.
3.
Please read these documents carefully. The cover that you have is shown in the Schedule by the Sections that are stated as being
included and details of the cover in each Section is then included in the relevant Section Schedule. If the Policy and the Schedule do
not provide you with the protection you want either now or at any time in the future, please inform us immediately. If you arrange this
insurance through a broker or agent you should communicate with us through them.
4.
This contract has been based on the answers you gave to us on your proposal form and the declaration you signed. You must
tell us of any change in this information as soon as possible since failure to do so could invalidate your policy. You should not
wait until the next renewal date.
5.
You are responsible to us for the payment of the premium. We will insure you under those Sections shown in the Schedule
subject to the conditions and other terms of the Policy during any Period of Insurance for which we have accepted your Premium
or for which you have agreed to pay.
6.
Reference to payment of premium includes payment by instalments. If you pay by this method the Policy remains an annual
contract and the date of payment and the amount of the instalments are governed by the terms of the Credit Agreement. If an
instalment is not received by the due date then subject to the Consumer Credit Act 1974 you will be given written notice giving 10
days in which to remedy the default prior to your liability and the Credit Agreement being cancelled, the Policy being cancelled
from the date when the premium became due.
B.
OUR SERVICE
Our goal is to give excellent service to all of our customers but we recognise that things do go wrong occasionally. We take all complaints
we receive seriously and aim to resolve all of our customers’ problems promptly. To ensure that we provide the kind of service you expect
we welcome your feedback. We will record and analyse your comments to make sure we continually improve the service we offer.
C.
COMPLAINTS
If you are not satisfied with the service we provide for you and you want to complain, please contact:
Towergate Marine Underwriting
THS House
91-92 High Street
Lymington
Hampshire
SO41 9AP
We take all complaints we receive very seriously and will handle any complaint promptly and fairly. If you make a complaint, we will
acknowledge it promptly, explain how we will handle it, tell you what you need to do and tell you how your complaint is progressing. We
will record and analyse your comments to make sure we continually improve our service.
If at any time you have a complaint about the services provided by your insurer for you then you should contact :
The Chief Executive
Norwich union Insurance
Surrey Street
Norwich
NR1 3NG
Telephone No: 01603 622200
Fax Number: 01603 683659
or
Lloyds Complaints Dept.
Lloyds of London
Lime Street
EC3M 7HA
Customer Relations Office
Royal Sun Alliance Insurance PLC
Dean Clough Industrial Park
Bowling Mill
Halifax
HX3 5WA
Telephone No: 0207 327 5693
Telephone No: 01422 325060
Fax No:
0207 327 5225
Fax No:
01422 325146
Email:customerrelationsoffice@ukroyalsun.com
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or
The
Boat Traders
Policy
If you are not happy with the outcome of your complaint, you might be able to refer it to:
The Financial Ombudsman Service (FOS)
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Helpline telephone : 0845 080 1800
Switchboard : 020 7964 1000
Website : www.financial-ombudsman.org.uk
Full details of our complaints procedure are in your policy booklet
Definition of an eligible complaint
An eligible complainant is either a private individual, a business with a group annual turnover of less than £1 million, a charity with an
annual income of less than £1 million, or a trustee of a trust with a net asset value of less than £1 million at the time of complaint.
Compensation
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot
meet our obligations. This depends on the type of business and the circumstances of the claim. Where the claim is in respect of a liability
subject to compulsory Insurance: 100% of the claim. In all other cases 100% of the first £2000 and 90% of remainder of claim.
D.
LAW AND JURISDICTION
This policy is subject to English law and any dispute arising under this Policy will be decided in accordance with English law. Marine
Insurance under English law is subject to an Act of Parliament called the Marine Insurance Act 1906. Accordingly, that Act will regulate
our dealings in respect of Marine Insurance. Furthermore, so far as the insurance is upon a ship or vessel, or goods moving upon a ship
or aircraft, or otherwise involves a ship or vessel, you agree to submit to the exclusive jurisdiction of the English High Court in London for
all disputes arising between us and you.
E.
DATA PROTECTION ACT 1998
To enable us to provide a fast and efficient service to our clients we operate a new centralised database of all information relating to
your Policy, including information provided to us in your proposal form, information contained within the Schedule of insurance, Policy
periods and renewal dates, together with any correspondence that we might exchange. Under the Data Protection Act 1998 we need
to obtain your consent to holding this information on our system. If we should need to store any additional information we will of
course approach you first to obtain your permission. The information will be used for underwriting purposes and in the unfortunate
event of a claim. We may also share this information with the Insurers to this Policy. We may also use the information for the purposes
of advising you of other products provided by us that may be of interest to you. You have signified whether or not you are agreeable to
this in the proposal form and we will of course follow your requests in that respect. If you have any objections to us holding your
information either in full or in part or wish to obtain details of any information we are currently holding on you, please let us know
immediately or telephone our Data Protection manager on 01590 671560.
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The
Boat Traders
Policy
INDEX
PAGE
DEFINITIONS
6
GENERAL CONDITIONS
8
GENERAL CONDITIONS: CLAIMS & ACCIDENTS
10
HOW TO MAKE A CLAIM
10
WARRANTIES
10
GENERAL EXCLUSIONS
12
- MATERIAL LOSS OR DAMAGE
13
- BUILDERS RISKS
16
- MONEY
17
- PERSONAL ACCIDENT & ASSAULT
18
- BUSINESS INTERRUPTION
19
- GLASS BREAKAGE
23
- THIRD PARTY & PASSENGER LIABILITY
24
- YACHT YARD INDEMNITY
25
SHIP REPAIRERS LIABILITY
27
EMPLOYERS LIABILITY
32
PUBLIC INCLUDING PRODUCTS) LIABILITY
35
ENDORSEMENTS
42
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The
Boat Traders
Policy
Definitions
The words listed below carry the same meaning wherever they appear in any section of the policy in
CAPITAL LETTERS unless their meaning is varied by a specific definition or otherwise in a particular
Section
ACCIDENT
Fortuitous loss or damage
BODILY INJURY
shall include death injury illness or disease
BUILDINGS
buildings including outbuildings walls gates fences electronic communications
pipes wiring and cables sanitary fittings and landlords fixtures and fittings
BUSINESS
The occupation stated in the Policy Schedule.
BUSINESS
EQUIPMENT
fixtures fittings furniture machinery fixed glass and its framework and all other contents
(including personal effects or tools belonging to the INSURED or any director partner customer or
EMPLOYEE of the INSURED) excluding Specified goods STOCK and landlords fixtures and fittings
CHANDLERY
Sales & Sales support STOCK of marine components
CRUISING RANGE
the area within the OPERATING LIMITS in which STOCK may be used displayed moved or stored in
accordance with the policy terms
DAMAGE
accidental loss destruction or damage
EMPLOYEE
Any person whilst
INSURED
aerials underground
(a)
(b)
(c)
engaged under a contract of service or apprenticeship with the INSURED,
acting in the capacity of non executive director of the INSURED,
supplied to, hired or borrowed by the INSURED in the course of BUSINESS, including but not
limited to
(i)
labour masters or persons supplied by them,
(ii)
labour only subcontractors,
(iii)
self-employed persons,
(iv)
drivers or operators of hired-in-plant,
(v)
persons engaged under work experience, training, study, exchange or similar schemes,
(vi)
voluntary workers,
(vii)
persons working under the Community Offenders Act 1978, the Community Offenders
(Scotland) Act 1978 or similar legislation,
(viii)
prospective EMPLOYEEs who are being assessed by the INSURED as to their suitability
for employment,
and where the Insured so requests
(ix)
outworkers or homeworkers employed under contracts to execute personally any work in
connection with the BUSINESS whilst they are engaged in that work
(a)
the first named party in the Policy Schedule
(b)
any Associated or Subsidiary Company of the first named party and which is named in the Policy
Schedule
operating in or from PREMISES in Great Britain Northern Ireland the Channel Islands or the Isle
of Man
(c)
at the request of the INSURED
i)
ii)
iii)
(d)
any director or EMPLOYEE of the INSURED while acting on behalf of or in the course of
their employment or engagement by the INSURED in respect of liability for which the
INSURED would have been entitled to indemnity under this policy if the claim against
any such person had been made against the INSURED
any officer member or EMPLOYEE of the INSURED’s social sports or welfare
organisation or fire first aid or ambulance service in their respective capacity as such
any director partner or senior official of the INSURED in respect of private work carried
out by any EMPLOYEE of the INSURED for any such person with the consent of the
INSURED
in the event of the death of the INSURED the personal representatives of the INSURED in
respect of liability incurred by the INSURED
Provided that such person shall as though they were the INSURED observe fulfil and be subject
to the terms exceptions conditions and endorsements of this Policy as far as they can apply
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The
Boat Traders
Policy
Definitions
MONEY
Cash Bank Notes Cheques Girocheques Banker’s Drafts Money Orders Postal Orders Bills of Exchange
unused Postage Stamps National Insurance Stamps National Savings Stamps and Certificates Holidays
with Pay Stamps Credit Company Sales Vouchers V.A.T. Purchase Invoices Customer Redemption
Vouchers and unused units in franking machines all the INSURED’s own property or for which they are
legally responsible and Trading Stamps and Luncheon Vouchers the INSURED’s own property only
whilst in their custody
NORTH AMERICA
The United States of America or Canada or any territory within their jurisdiction
OFFSHORE
(applies to Section 2C
& Section 2D only)
from the time of embarkation by an EMPLOYEE onto a conveyance at the point of final
departure to either an OFFSHORE rig or OFFSHORE platform until disembarkation by an
EMPLOYEE from a conveyance onto land upon return from either an OFFSHORE rig or
OFFSHORE
platform
OPERATING LIMITS
within an area bounded as follows
(a)
(b)
(c)
(d)
POLLUTION
Not West of 12 degrees West
Not North of 60 degrees North (but including all Sweden & Finland)
Not East of 20 degrees East
Not South of 36 degrees North (but including Canary Isles)
shall mean
(a)
(b)
pollution or contamination of any description of BUILDINGS or other man made or natural
structures or of water or land (including anything growing in or on or contained in or on the land)
or of the atmosphere including that within BUILDINGS or other man made or natural structures
all loss or DAMAGE or injury directly or indirectly caused by such pollution or contamination
PREMISES
that part of the BUILDINGS situated at the address or addresses shown in the Master Schedule (and list
where applicable) occupied by the INSURED for the purposes of the BUSINESS
PRODUCTS
Goods including containers and packaging sold, supplied, installed, erected, repaired, treated or serviced
by the INSURED including any advice, instruction or design relating to such goods
PROPERTY
shall mean material property including items more specifically defined herein
STOCK
stock held for sale or servicing items for sale including work in progress and goods in trust
TERRITORIAL LIMITS
Great Britain, Northern Ireland, The Isle of Man or the Channel Islands
TERRORISM
shall mean any act of any person acting on behalf of or in connection with any organisation with activities
directed towards the overthrowing or influencing of any government de jure or de facto by force or
violence
YARD PLANT
The machinery and implements etc. used in the boatyard processes excluding that which is more
specifically defined as BUSINESS EQUIPMENT herein
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The
Boat Traders
Policy
General Conditions
Applicable to all sections of this policy except where otherwise stated
Compliance with
policy terms
1.
The due observance and fulfilment of the terms and conditions contained in this
Insurance or endorsed hereon, in so far as they relate to anything to be done or complied with by
the INSURED, and the truth of the statements and answers in the proposal, shall be conditions
precedent to any liability of the Underwriters to make any payment under this insurance
Fraud
2.
If any claim is in any respect fraudulent or if any fraudulent means or devices are used by the
INSURED or anyone acting on their behalf to obtain any benefit under this Policy or if any
DAMAGE be occasioned by the wilful act of or with the connivance of the INSURED all benefits
under this policy shall be forfeit
Deception
3.
This policy does not insure against loss or DAMAGE directly occasioned by or through or in
consequence of infidelity or dishonesty of any person to whom PROPERTY insured hereunder
may be entrusted nor loss or DAMAGE resulting from the INSURED voluntarily parting with title
or possession of any PROPERTY if induced to do so by any fraudulent scheme, trick, device or
false pretence nor any unexplained loss, mysterious disappearance or loss or shortage disclosed
on taking inventory
Omission and
mis-statement
4.
If this policy or any renewal thereof has been obtained through omission to declare any
circumstances known to the INSURED or which they might reasonably be expected to know
which might influence the Underwriters assessment or acceptance of the risk or the policy or
renewal has been obtained by mis-statement by the INSURED or anyone acting on their behalf
or if in any statement or declaration made in support of any claim there shall be any untruth or
suppression, then this policy and any renewal thereof is null and void and the premium paid
thereon shall be retained by the Underwriters and all benefits hereunder and all rights to recover
for past or future DAMAGE or loss shall be absolutely forfeit
Reasonable Precautions
5.
The INSURED shall take and cause to be taken reasonable precautions to prevent injury
DAMAGE or financial loss
Notification
of claims
6.
(a)
(b)
(c)
(d)
Conduct of Defence
7.
(a)
(b)
The INSURED must report all ACCIDENTs claims and civil proceedings to the
Underwriters in writing as soon as possible and in the case of Riot within seven days
Every letter claim writ or other document relating to any ACCIDENT claim or civil
proceedings must be sent to the Underwriters immediately and unacknowledged
No admission of liability or promise of payment may be made without the Underwriters’
written consent
The INSURED will give all information and assistance as required by Underwriters
The Underwriters are entitled to take over and conduct the defence or settlement of any
claim at their discretion
The Underwriters may at any time pay the Limit of Liability after deduction of any sum or
sums already paid or any less amount for which any claim or claims can be settled and
shall then relinquish the conduct and control thereof and be under no further liability in
respect thereof except for the payment of costs and expenses incurred prior to the date
of such payment
Limit of indemnity
8.
If the Underwriters are liable to indemnify more than one party the total amount of indemnity to all
such parties together shall not exceed the amount specified in the Schedule
Repair Location
9.
The Underwriters shall be entitled to decide the location of repair. The Underwriters shall also
have a right of veto concerning the place of repair or repairing firm and may take tenders or may
require tenders to be taken for any repairs
Reinstatement of loss
10.
The Underwriters may at their option reinstate or replace any part of the INSUREDs PROPERTY
damaged or destroyed instead of paying the amount of loss or DAMAGE in money.
Reinstatement and/or replacement shall be as close to the original specification as possible but it
is understood and agreed that it shall not be incumbent upon Underwriters to achieve an exact
restoration. If the Underwriters elect to reinstate or replace, the INSURED shall take all
reasonable steps to provide them when required with such plans, specifications and information
as may be deemed necessary or expedient for the purpose
Assignment
11.
No assignment of or interest in this policy or in any moneys which may be or become payable
thereunder is to be binding or recognised by the Underwriters unless a dated notice of such
assignment of interest signed by the INSURED and (in cases of subsequent assignment) the
assignor be endorsed on this policy and the policy and such endorsement be produced before
payment of any claim or any premium thereunder. But nothing in this clause to have effect as an
agreement by the Underwriters to a sale or transfer
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The
Boat Traders
Policy
General Conditions
Adjustment of premium
12.
The premium has been calculated on estimates supplied by the INSURED and they shall keep
an accurate record of information on matters for which estimates have been given which shall if
required be available to Underwriters for inspection. Within one month of the expiry of each
period of insurance the INSURED shall supply the Underwriters with a true statement of
particulars necessary for the adjustment of the premium and should these particulars differ from
the estimates upon which premium has been paid the difference in premium shall be met by a
further proportionate payment or refund as the case may be but subject to any minimum premium
retentions there may be stated on the policy schedule
Non-payment of premium
13.
In the event that premiums requested by Underwriters for subsequent renewals remain unpaid
after 28 days from the renewal date and in the absence of any formal arrangements to ensure
payment, this policy will be deemed to have lapsed with effect from renewal. No further cover will
be provided by Underwriters without submission of a fresh proposal at which time the
Underwriters may (at their discretion) reinstate cover
In the event of reinstatement the Underwriters reserve the right to decline cover for the period
during which the premium remained unpaid
Instalment payment of
premiums
14.
If payment under this policy is effected by instalments – in the event of any instalment
payment not being received on the due date then cover will be deemed to have ceased from the
due date and reinstatement will be subject to 13 above
Cancellation and return of
Premium
15.
This insurance or any section thereof may be cancelled by the Underwriters at any time
subject to 15 days notice to the INSURED or by mutual agreement, at which time a pro-rata daily
net return of premium shall be made calculated on 70% of the premium charged for the policy
period
The Underwriters shall send such notice by recorded delivery letter to the last known address of
the INSURED who shall be entitled to a return of premium after deduction of that premium due
for the short period the Policy has been in force
Law & Jurisdiction
16.
This insurance is subject to English law & jurisdiction unless specifically agreed and endorsed
hereon
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The
Boat Traders
Policy
General Conditions
Claims and Accidents
Claims procedure
(1)
In the event of any occurrence which may give rise to a claim under this Insurance notice
immediately must be given to Towergate Marine Underwriting
(2)
Full information of the occurrence must be given in writing as soon as possible thereafter with
names and addresses of witnesses and any third party claimants
(3)
The INSURED must send unacknowledged to Towergate Marine Underwriting as soon as
possible all claims, letters, summonses, writs, or documents which they receive from third parties
and give to the Underwriters whatever assistance and information they may require
Reporting Procedure
malicious DAMAGE or theft
(4)
In the event of circumstances giving rise to or likely to give rise to a claim caused by or
arising from malicious DAMAGE or theft the INSURED shall report the circumstances to the
Police immediately
Admissions to Third Parties
(5)
No liability of any sort shall be admitted and no undertaking given, nor may any offer promise or
payment be made or legal expenses incurred by the INSURED without the written consent of the
Underwriters, who shall be entitled, if they so desire, to take over and conduct in the name of the
INSURED the defence of any action, or to prosecute any claim for indemnity or damages or
otherwise against any third party
Repairs and tenders
(6)
The Underwriters shall be entitled to decide the port to which a vessel proceeds for docking or
repair, the additional expense of the voyage arising from compliance with the Underwriters
requirements being refunded to the INSURED. The Underwriters shall have a right of veto
concerning the place of repair or repairing firm and may also take tenders or may require tenders
to be taken for the repair of a vessel
Constructive Total Loss
(7)
In ascertaining whether a vessel is a constructive total loss the INSURED value shall be taken as
the repaired value, and nothing in respect of the damaged or break-up value of a vessel or wreck
shall be taken into account. No claim for constructive total loss based upon the cost of recovery
and/or repair shall be recoverable unless such cost would exceed the INSURED value
Unrepaired Damage
(8)
In no case shall the Underwriters be liable for unrepaired DAMAGE in addition to a
subsequent total loss sustained during the period of Insurance shown in the schedule
Other insurances
(9)
In the event of any claim arising which is also recoverable under any other Insurance, the
Underwriters shall not be liable for more than their rateable portion of such claim
Arbitration
(10)
If any difference shall arise as to the amount to be paid under this Insurance (liability being
otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the
parties in accordance with the statutory provisions in that behalf for the time being in force.
Where any difference is by this condition to be referred to arbitration, the making of an Award
shall be a condition precedent to any right of action against the Underwriters
Warranties
Applicable to the sections specified only
Cruising Range
(Section 1A & 2A)
(1)
Warranted cruising within the limits stated in the schedule or, held covered on terms to be
arranged (subject to prompt advices)
Speed (Section 1A & 2A)
(2)
Warranted that the maximum design speed of the INSURED vessel, or the parent vessel in the
case of a vessel with boat(s) does not exceed 17 knots. Where the Underwriters have agreed to
delete this warranty, the conditions of the speed boat clause (Endorsement No.2) shall also apply
Use of Vessel(s)
(Section 1A & 2A)
(3)
Warranted not to be let out on hire or charter unless specially agreed by the Underwriters
and endorsed hereon
Condition of Vessel
(Section 1A & 2A)
(4)
Warranted that the INSURED shall take all reasonable steps to maintain all vessels in a proper
state of repair and seaworthiness and to safeguard them from DAMAGE
Materiality (All Sections)
(5)
The INSURED shall give the Underwriters immediate notice in writing of any alteration which
materially effects the risks insured
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The
Boat Traders
Policy
General Exclusions
Applicable to all sections of this policy except where otherwise stated
THIS POLICY DOES NOT COVER
Excesses
1.
a)
b)
the first £250 of any claim unless otherwise specified below or elsewhere in the policy
the first £50 of each claim under Section 1C – MONEY
This policy does not cover loss, DAMAGE, expense or any legal liability of whatsover nature directly
and/or indirectly caused by or contributed to or arising from
Radioactive Contamination
Exclusion
2.
any legal liability of whatsoever nature directly or indirectly caused by or contributed to
by or arising from
(i)
(ii)
War
ionising radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel
the radioactive toxic explosive or other hazardous properties of any explosive nuclear
assembly or nuclear component thereof
This policy does not cover any consequence whatsoever resulting directly or indirectly from or in
connection with any of the following regardless of any other contributary cause or event:
(i)
(ii)
(iii)
war invasion act of foreign enemy hostilities or a warlike operation or operations (whether war be
declared or not) civil war rebellion revolution insurrection civil commotion assuming the
proportions of or amounting to an uprising military or usurped power
nationalisation confiscation requisition seizure or destruction by the Government or any public
authority
any action taken in controlling preventing suppressing or in any way relating to (i) and/or (ii)
above
Provided (i) (ii) or (iii) shall not apply to
Employer's Liability
and (ii) shall not apply to
Public and/or Products Liability
Personal Accident
Business Travel
Sickness
when insured by this policy.
Terrorism
This policy does not cover any consequence whatsoever resulting directly or indirectly from or in
connection with any of the following regardless of any other contributary cause or event.
(1)
Terrorism
(2)
Civil commotion in Northern Ireland
(3)
any action taken in controlling preventing suppressing or in any way relating to (1) above
except as stated in the Special Provisions - Terrorism below
and provided that
(1) and/or (3) above shall not apply to
Burglary
Glass
Money & Assault
Goods In Transit
Frozen Foods
and (2) above shall not apply to
Employer’s Liability
Personal accident
Business Travel
Sickness
11
The
Boat Traders
Policy
General Exclusions
Terrorism is defined as any act or acts including but not limited to
(a)
(b)
the use or threat of force and/or violence
and/or
harm or damage to life or to property (or the threat of such harm or damage) including but not
limited to harm or damage by nuclear and/or chemical and/or biological and/or radiological
means
caused or occassioned by any person(s) or group(s) of persons or so claimed in whole or in part for
political religeous ideological or similar purposes
In any action suit or other proceedings where the insurer(s) allege(s) that any consequence
whatsoever resulting directly or indirectly from or in connection with (1) and/or (3) above regardless of
any other contributary cause or event is not covered by this policy (or is covered only up to a specified
limit of liability) the burden of proving that any such consequence is covered (or is covered beyond that
limit of liability) shall be upon the insured
Special Provisions – Terrorism
Subject otherwise to the terms conditions execptions and exclusions of the policy
(a)
When any of the following covers are insured by this policy
Employer’s Liability
neither of the exclusions in (1) and (3) above shall apply to
(i)
(ii)
(b)
Employers Liability (other than Excess of Loss Employers Liability) but the
Limit/Amount of Indemnity for the purposes of Special Provision (a) - Terrorism is
limited to £5,000,000 including costs and expenses
Public and/or Products Liability (other than Excess of Loss Public and/or Products
Liability) but the Limit/Amount of Indemnity for the purposes of Special Provision (a) Terrorism is limited to £2,000,000 or any other amount specified in the policy for Public
and/or Products Liability whichever is the lower
When any of the following covers are insured by this policy
Personal Accident
Business Travel
Sickness
neither of the exclusions in (1) and (3) above shall apply to those covers provided that for the
purposes of Special Provision (b) - Terrorism the total amount payable in respect of all losses
arising out of any one occurrence shall not exceed the lesser of
(a)
(b)
any limits amounts payable or maximum accumulation stated in the Schedule
or
£1,000,000
In the event of a claim exceeding the total amount payable under this Special Provision (b) - Terrorism
the Company’s liability in respect of each Insured Person claimed for shall be proportionately reduced
until the total does not exceed such total amount payable.
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The
Boat Traders
Policy
Section 1A – Material Loss or Damage
Cover
Cover
This policy covers subject to the specific exclusions overleaf (and General Exclusions of the policy)
PROPERTY belonging to the INSURED described in the schedule or for which the INSURED is legally
responsible against DAMAGE including costs and expenses necessarily incurred in removing debris
demolishing shoring up or propping following such DAMAGE (and in respect of fixed external glass at the
PREMISES the cost of necessary boarding up pending replacement following DAMAGE) caused by:(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
ACCIDENT
Fire, lightning
Malicious acts
Outboard motor(s) dropping off or falling overboard
Latent defect in a vessel or its machinery
Negligence of any person
Theft of an entire vessel or its boat(s)
Theft of outboard motor(s) provided it is securely locked to the vessel or her boats(s) by an antitheft device in addition to the normal method of attachment
Theft of machinery including outboard motor(s), gear or equipment, following upon forcible and
violent entry into or exit from the vessel or place of storage within a locked building fenced
compound or enclosure including DAMAGE done by thieves
provided such loss or DAMAGE has not resulted from want of due diligence by the INSURED
New for Old
Deductions not exceeding one-third on account of new material replacing old may be made at the
Underwriters’ discretion in respect of loss or DAMAGE to:(a)
(b)
Additional Cover
protective covers, sails, running rigging and batteries
outboard motors whether or not insured by separate valuation under this policy
SIGHTING EXPENSES AND SALVAGE, ETC. CHARGES
(10)
(11)
(12)
The expenses of sighting a vessel’s bottom after grounding are covered by this policy if
reasonably incurred specially for that purpose even if no DAMAGE is found
The underwriters will pay for all charges and expenses (up to the maximum limit specified in the
schedule) reasonably and necessarily incurred in minimising or averting a loss which would be
covered by this policy
If a vessel is damaged by an event covered by Section 1 of this policy and subsequently
becomes a pollution hazard or threat, underwriters will pay for any loss or DAMAGE to a vessel
directly caused by any Governmental Authority acting to prevent or minimise such pollution
hazard or threat
13
The
Boat Traders
Policy
Extensions
BUILDINGS AND BUSINESS EQUIPMENT
1) Reinstatement basis
of claim settlement
In the event of a claim arising for which the Underwriters are liable in respect of property
covered by any item of BUILDINGS shown in the Schedule to this Section then the basis on which the
amount of the loss is to be calculated shall be the cost of reinstating that property at the time of
reinstatement. Where such PROPERTY is damaged the basis shall be the restoration of the damaged
portion to a condition substantially the same but not better or more extensive than its condition when new
2) Local Authorities
The Insurance by each Item of this Section on BUILDINGS and BUSINESS EQUIPMENT includes any
additional cost of reinstatement incurred solely by reason of the necessity to comply with building or other
regulations under or framed in pursuance of any Act of Parliament or with bye-laws of any municipal or
local authority excluding
(a)
(b)
(c)
the cost incurred in complying with any of such regulations or bye-laws
i)
under which notice has been served upon the INSURED prior to the happening of the
DAMAGE
ii)
in respect of undamaged PROPERTY or undamaged portions of PROPERTY other than
foundations (unless foundations are specifically excluded from the insurance by this
Section) of that portion destroyed or damaged
the additional cost that would have been required to make good the PROPERTY damaged or
destroyed to a condition equal to its condition when new had the necessity to comply with such
regulations or bye-laws not arisen
the amount of any rate tax duty development or other charge or assessment arising out of capital
appreciation which may be payable in respect of the PROPERTY or by the owner thereof by
reason of compliance with such regulations or bye-laws
Provided that:
(1)
(2)
the work of reinstatement is commenced and carried out with reasonable despatch and may be
carried out upon another site (if such regulations or bye-laws so necessitate) subject to the
Underwriters’ liability under this Section not being thereby increased
if the Underwriters’ liability under any Item of this Section apart from this Extension is reduced by
the application of any of the terms of this Section then the Underwriters’ liability under this
Extension in respect of any such Item shall be reduced in like proportion
3) Index Linking
The Sum Insured by any Item of this Section shown as Index-linked in the Appendix to this Section will be
adjusted at monthly intervals in accordance with the percentage change in the relevant index specified
below (or an alternative index selected by the Underwriters)
4) Capital Additions
The Insurance by each Item of this Section on BUILDINGS and BUSINESS EQUIPMENT extends to
cover any newly acquired PROPERTY insofar as it is not otherwise insured and alterations and
improvements to the PROPERTY but not in respect of appreciation in value during the current Period of
Insurance at the PREMISES
Provided that:
(a)
(b)
at any one situation this cover will not exceed 10 per cent of the total of the Sums Insured on
such PROPERTY or £250,000 whichever is the less
the INSURED undertakes to give particulars of such PROPERTY each six months and to effect
specific insurance thereon retrospective to the date of the commencement of the Underwriters’
liability
14
The
Boat Traders
Policy
Extensions
Nos. 1 to 4 – REFER ONLY TO BUILDINGS & BUSINESS EQUIPMENT
The Underwriters will not be liable for:
Moveable Property
1)
DAMAGE to moveable PROPERTY in the open or fences or gates by wind rain or hail sleet snow
or dust
Unexplained Disappearance
2)
a)
Cracking, fracturing, collapse
or overheating of Boilers etc.
b)
3)
for DAMAGE due to disappearance unexplained or inventory shortage
misfiling or misplacing of information
for cracking fracturing collapse or overheating of boilers economisers vessels tubes or
pipes nipple leakage or the failure of welds of boilers
Design Materials or
Workmanship
for DAMAGE caused by:
a)
faulty or defective design materials or workmanship inherent vice latent defect
gradual deterioration wear and tear or frost
Corrosion
b)
Subsidence
c)
Collapse
Bursting or Overflowing
d)
e)
Water Table Level
f)
4)
Breakdown
Contrary Use
Process
Wear & Tear
corrosion rusting dampness dryness wet or dry rot shrinkage evaporation loss of
weight contamination POLLUTION change in temperature colour flavour texture or
finish vermin insects marring or scratching
subsidence ground heave or landslip or the normal settlement or bedding down of new
structures
collapse or cracking of BUILDINGS
bursting overflowing discharging or leaking of water tanks apparatus or pipes when the
PREMISES are empty or disused
for DAMAGE attributable solely to change in the water table level
for DAMAGE to PROPERTY caused by
a)
its own mechanical or electrical breakdown or derangement
b)
use contrary to the manufacturers’ instructions
c)
its undergoing any process
d)
wear tear and depreciation
Nos. 5 to 12 – REFER ONLY TO STOCK, CHANDLERY, WATERBORNE CRAFT & YARD PLANT
Wear & Tear
5)
wear and tear, depreciation, mechanical or electrical derangement or breakdown, DAMAGE
caused by vermin
Sails & Covers
6)
DAMAGE to sails or non-integral protective covers split by the wind or blown away while set,
unless in consequence of DAMAGE to the spars to which sails are bent, or occasioned by a
vessel being stranded, sunk, burnt, on fire, in collision or contact with any external substance (ice
included) other than water
Masts & Spars
7)
DAMAGE to sails, masts, spars or standing and running rigging while a vessel is racing, unless
such DAMAGE is caused by a vessel being stranded or sunk, on fire, in collision or contact with
any external substance (ice included) other than water
Design Fault
8)
the cost of replacing or repairing any part condemned solely because of a fault in design
construction
Defective Work
9)
the cost of rectifying any defect resulting from either negligence or breach of contract in respect
of any repair or alteration work
Consumables etc
10)
DAMAGE to consumable stores, fishing gear or moorings, or personal effects unless specially
endorsed on the policy
Motor & Connections
11)
DAMAGE to motor and electrical machinery and batteries and their connections (other than the
shaft and propeller), unless the DAMAGE is caused by the accidental incursion of water into the
hull or by a vessel being stranded or sunk, on fire, in collision or contact with any external
substance (ice included) other than water, or whilst being removed from or placed in a vessel
Inflatable Craft
12)
theft of inflatable craft when deflated unless following forcible and/or violent entry into a
vessel or place of storage or if stolen with a vessel
A vehicle is not considered a place of storage within the terms of this policy
15
The
Boat Traders
Policy
Section 1B – Builders Risks
Cover
Cover
1)
Moulds hulls and machinery gear and equipment as declared in the schedule attaching to this
policy are held covered whilst under construction against risks of DAMAGE including the cost of
repairing, replacing or renewing any defective part condemned solely in consequence of the
discovery therein during the period of this Insurance of a latent defect.
Payment to be made without deduction new for old
Premises
2)
The vessel/s are covered whilst at the INSURED’s PREMISES, or any port or PREMISES
customarily used by the INSURED in the course of their BUSINESS including transit between
such PREMISES by road, rail or under own power
Sums Insured
3)
The sums insured expressed in the Schedule attaching to this policy are agreed to be the
maximum for any one item/time and it is understood and agreed that indemnity will only be
provided to the INSURED to the extent of their actual loss except where the loss exceeds the
stated maximum in which instance the maximum Sums Insured shall apply
Faulty Design
4)
Notwithstanding anything to the contrary which may be contained in the policy this insurance
includes DAMAGE to a vessel arising from faulty design in any part or parts thereof, but in no
case shall this Insurance extend to cover the cost or expense of repairing, modifying, replacing or
renewing such part or parts, nor any cost by reason of betterment or alteration in design
Leave to Proceed
5)
The INSURED has leave to proceed with any vessel the subject of this Insurance within the port
or place of construction and to proceed under own power within a distance by water of twenty
five (25) nautical miles of the port or place of construction, or held covered at a premium to be
arranged in the event of such distance being exceeded, provided prior notice has been given to
the Underwriters
Excess
6)
(a)
No claims arising from a peril INSURED against shall be payable under this insurance
unless the aggregate of all claims from each incident exceeds the amount specified in
General Exclusion 1a of the policy in which case this sum shall be deducted from the
payment
(b)
Claims for heavy weather occurring during a single sea passage between successive
ports shall be treated as being due to one ACCIDENT. The expression “heavy weather”
shall be deemed to include contact with floating ice
Heavy Weather
16
The
Boat Traders
Policy
Section 1C – Money
Cover
The cover provided by this section is operative only if shown as such in the policy schedule
A)
COVER
While within Great Britain, Northern Ireland, Isle of Man and Channel Islands
1)
MONEY is covered against DAMAGE
2)
Any safe strongroom case cash box bag or waistcoat used for the storage or carriage of MONEY
is covered against DAMAGE as a result of theft or attempted theft of MONEY
while
i)
ii)
iii)
iv)
in the INSURED’s PREMISES
in transit
in a bank night safe until removed by an authorised bank official
in the dwelling of the INSURED or of any person to whom such MONEY is entrusted
up to the Limits of Liability below in respect of any one occurrence
B)
LIMITS OF LIABILITY
1)
Crossed Cheques Crossed Girocheques Crossed Bankers Drafts Crossed Money
Orders Crossed Postal Orders used National Insurance Stamps National Savings
Certificates Credit Company Sales Vouchers V.A.T. Purchase Invoices and unused
units in franking Machines
2)
MONEY (other than 1 above)
£250,000
(a)
(b)
3)
in the PREMISES when closed for BUSINESS and
not contained in a locked safe or strongroom
£500
in the dwelling of the INSURED or of any person
to whom such MONEY is entrusted
£500
MONEY (other than 1 above)
in the PREMISES when closed for BUSINESS and contained in a locked safe or
strongroom
4)
£5,000
MONEY (other than 1 to 3 above)
(a)
(b)
(c)
in the PREMISES when open for BUSINESS
in transit
in bank night safe until removed by an authorised bank official
£10,000 provided that the Insurer’s liability in respect of MONEY in transit under 4b shall be
restricted to £5,000 unless such MONEY is in the Custody of at least two able bodied persons
5)
Any safe strong room case cash box bag or waistcoat
£5,000
C)
EXCEPTIONS
The Underwriters will not be liable under this section for
1)
(a)
(b)
DAMAGE due to error or omission in receipts payments or accounting practice
Consequential loss of any kind
2)
DAMAGE due to the dishonesty of any director partner or EMPLOYEE of the INSURED unless
discovered within seven working days of its occurrence
3)
DAMAGE resulting from a safe or strongroom being opened by the use of a key or a combination
code through the key or combination code having been left on the
PREMISES while closed for BUSINESS
17
The
Boat Traders
Policy
Section 1D – Personal Accident (Assault)
This section is operative if section 1C is operative
DEFINITION
INSURED PERSON
A)
(a)
the INSURED or any director partner or EMPLOYEE of the INSURED or
(b)
any person to whom the INSURED has entrusted MONEY other than an EMPLOYEE of a
professional security company or organisation
COVER
If an INSURED PERSON suffers accidental Bodily injury as described below as a direct result of robbery
or attempted robbery in the course of the BUSINESS the Underwriters will pay the relevant sum specified
below
(1)
BODILY INJURY which within twenty four months from its occurrence is the sole and direct
cause of
(a)
(b)
(c)
(d)
death or
loss of one or more limbs by physical separation at or
above the wrist or ankle or
permanent and total loss of use of one or both hands or feet or
total and irrecoverable loss of sight in one or both eyes
£50,000
(2)
BODILY INJURY not resulting in loss of limbs or sight as defined in 1 which is the sole and direct
cause of the INSURED PERSON being totally disabled and prevented from attending to any
BUSINESS or occupation with proof satisfactory to the Underwriters that such disablement has
continued for twelve months from its occurrence and will in all probability continue for the
remainder of the INSURED PERSON’s Life
£5,000
(3)
BODILY INJURY which is the sole and direct cause of the INSURED PERSON being disabled
from attending to their occupation compensation for the period of such disablement but not
exceeding one hundred and four weeks
£150 per week
Provided that
(a)
the underwriters shall be liable to make only one payment under 1 and 2 in respect of
any one INSURED PERSON resulting from an accident
(b)
weekly compensation under 3 shall become payable when the period of disablement has
been ascertained and the total amount agreed or at the request of the INSURED at
intervals of not less than four weeks
(c)
the INSURED PERSON shall act upon medical or surgical advice as soon as practicable
and submit to medical examination at the Insurer’s expense and as often as they require
B)
ADDITIONAL COVER
DAMAGE to Clothing and
Personal Effects
If clothing or personal effects (excluding jewellery and watches) of an INSURED PERSON sustain
DAMAGE as a direct result of robbery or attempted robbery in the course of the BUSINESS the
underwriters will make good such DAMAGE up to £500 any one INSURED PERSON
18
The
Boat Traders
Policy
Section 1E – Business Interruption
Definitions and Cover
DEFINITIONS
TURNOVER
the money paid or payable to the INSURED for goods sold and for services rendered in course of the
BUSINESS
GROSS PROFIT
the amount by which the Turnover plus the value of closing STOCK exceeds purchases plus the value of
the opening STOCK
RATE OF GROSS PROFIT
Gross Profit expressed as a percentage of Turnover
OUTSTANDING DEBIT
BALANCE
the sums outstanding in the INSURED’s records of the individual amounts owed to the INSURED by
customers
(A)
COVER
If the BUSINESS carried on by the INSURED at the PREMISES is interrupted or interfered with because
of DAMAGE by a cause specified in Section 1A – Material Loss or Damage
(1)
(2)
to any building or other PROPERTY used by the INSURED at the address shown in Schedule 1
or
to the INSURED’s records of amounts owed by the customers sustained within the
TERRITORIAL LIMITS
the Underwriters will pay for the trading loss during the period beginning with the occurrence of DAMAGE
and ending not more than twelve months later during which the results of the BUSINESS shall be
affected in consequence of the DAMAGE in accordance with CLAIMS SETTLEMENT of this Section
Provided that when the DAMAGE occurs there is insurance in force covering the INSURED’s interest in
the building or other PROPERTY at the PREMISES against such DAMAGE under which
(a)
(b)
(B)
payment has been made or liability admitted
or
liability would have been admitted but for the exclusion in such insurance of losses below a
specified amount
ADDITIONAL COVER
The cover provided by this Section extends to include interruption of the BUSINESS as a result of
Prevention of Access
DAMAGE to PROPERTY in the vicinity of the PREMISES by a cause covered under Section 1A –
Material Loss or Damage (of this policy) which hinders or prevents access to the PREMISES
Public Utilities
accidental failure of public supplies of electricity gas or water at the terminal ends of the public supply
undertaking’s feed to the PREMISES as a result of DAMAGE at the land based PREMISES of the public
supply undertaking or to the pipes and cables conveying the supply to the PREMISES by a cause
DEFINITIONS
Indemnity Period
The period beginning with the occurrence of the Damage and ending not later than the Maximum
Indemnity Period thereafter during which the results of THE BUSINESS shall be affected on
consequence of the Damage.
Maximum Indemnity Period
The number of months as stated in the Schedule.
Maximum Limit
the SUM INSURED by each item unless there are two or more situations of Premises when, unless
otherwise stated, the said Sum Insured is equally divided between them.
Remainder Limit
The Maximum Limit less the MONEY paid or payable for loss during the first three months of the
Indemnity Period.
Remainder Period
The Maximum Indemnity Period less 3 months
COVER
On Increase In Cost Of Working including Auditors Or Accountants Charges as stated in the Schedule
a.
b.
The Insurance under this Section is limited to Increase In Cost Of Working and the amount
payable as indemnity hereunder shall be the additional expenditure necessarily and reasonably
incurred in consequence of the Damage in order to continue THE BUSINESS during the
Indemnity Period
Auditors or Professional Accountants charges reasonably incurred for producing and certifying
details of a claim under this Section.
19
The
Boat Traders
Policy
Definitions and Cover
Limit of Liability
In respect of the first three months of the Indemnity Period:
Fifty per cent of the Maximum Limit
In respect of each subsequent month of the Indemnity period:
That proportion of the Remainder Limit which the one month bears to the Remainder Period or to nine
months whichever is the longer
Nor in all the Maximum Limit(s) as defined hereunder relative to the BUILDING(S) damaged by the
DAMAGE.
Suppliers
DAMAGE at the PREMISES of a supplier of the INSURED by a cause covered under Section 1A –
Material Loss or Damage (of this policy) and happening within the TERRITORIAL LIMITS
Computer Records
Underwriters will indemnify the INSURED in respect of the cost of reinstating data and/or programmes
contained in the Data Carrying Materials and/or fixed discs in consequence of erasure, destruction,
distortion or corruption, resulting directly from an insured peril, but not
(a)
(b)
(c)
losses in excess of GBP 25,000
a deliberate act of the public electricity supply not performed for the sole purpose of safeguarding
life or protecting any part of the supply authority’s system
a scheme of rationing not necessitated solely by accidental damage to the public supply
authority’s generating or supply equipment
Exceptions and Claims Conditions
(C)
LIMITS OF LIABILITY
The Underwriters’ liability for all loss resulting from interruption of the BUSINESS arising during any one
Period of Insurance shall not exceed
(1)
(D)
(2)
the Gross Profit Limit of Liability shown in the Policy Schedule in respect of interruption at any
one PREMSES
£10,000 in respect of the failure of public supplies of electricity gas or water
(3)
£10,000 in respect of DAMAGE at the PREMISES of a supplier
EXCEPTIONS
Underwriters will not be liable for loss or DAMAGE arising directly or indirectly from
(E)
(a)
erasure loss distortion or corruption of information on computer systems or other records,
programs or software caused deliberately by rioters, strikers, locked-out workers, persons taking
part in labour disturbances or civil commotions, or malicious persons
(b)
other erasure loss distortion or corruption of information on computer systems or other records,
programmes or software unless resulting from a Defined Peril in so far as it is not otherwise
excluded
CLAIMS SETTLEMENT
The Underwriters will pay:
(1)
in respect of reduction in TURNOVER – the RATE OF GROSS PROFIT on any shortfall in
expected TURNOVER resulting from the DAMAGE less any charges or expenses which are
reduced because of the interruption
(2)
in respect of OUTSTANDING DEBIT BALANCES – the amount by which the OUTSTANDING
DEBIT BALANCES traced or received following the DAMAGE shall fall short of the
OUTSTANDING DEBIT BALANCES before the DAMAGE occurred
(3)
in respect of additional expenditure – that reasonably incurred to avoid a reduction in
TURNOVER (but not exceeding the amount which would otherwise have been payable under 1
above) or in tracing and establishing the OUTSTANDING DEBIT BALANCES (but not exceeding
the amount which would otherwise have been payable under 2 above)
(4)
in respect of professional accountants’ charges those reasonably incurred by the INSURED for
producing and certifying any particulars required by the Underwriters in connection with the
investigation and verification of a claim
20
The
Boat Traders
Policy
Exceptions and Claims Conditions
Underinsurance
(F)
The amount payable under this Section
(1)
in respect of reduction in TURNOVER or any additional expenditure incurred to avoid a reduction
in TURNOVER will be proportionately reduced if at the time of DAMAGE the Estimated Annual
GROSS PROFIT specified in the Schedule is less than 75% of the GROSS PROFIT which would
have been earned during the Period of Insurance had the DAMAGE not occurred
(2)
in respect of OUTSTANDING DEBIT BALANCES or any additional expenditure incurred in
tracing and establishing OUTSTANDING DEBIT BALANCES will be proportionately reduced if at
the time of DAMAGE the Sum Insured specified in the Schedule is less than 75% of the total of
the OUTSTANDING DEBIT BALANCES
SPECIAL CONDITION
If this section covers OUTSTANDING DEBIT BALANCES every three months the INSURED shall record
the current total of the OUTSTANDING DEBIT BALANCES and keep such record in a place other than at
the INSURED’s own PREMISES
21
The
Boat Traders
Policy
Increased Costs of Working Only
DEFINITIONS
Indemnity Period
The period beginning with the occurrence of the DAMAGE by a cause specified in Section 1A –Material
Loss or Damage and ending not later than the Maximum Indemnity Period thereafter during which the
results of the BUSINESS shall be affected on consequence of the DAMAGE.
Maximum Indemnity Period
The number of months as stated in the Schedule.
Maximum Limit
the sum insured by each item unless there are two or more situations of Premises when, unless
otherwise stated, the said Sum Insured is equally divided between them.
Remainder Limit
The Maximum Limit less the MONEY paid or payable for loss during the first three months of the
Indemnity Period.
Remainder Period
The Maximum Indemnity Period less 3 months
COVER
On Increase In Cost Of Working including Auditors Or Accountants Charges as stated in the Schedule
a.
The Insurance under this Section is limited to Increase In Cost Of Working and the amount
payable as indemnity hereunder shall be the additional expenditure necessarily and reasonably
incurred in consequence of the Damage by a cause specified in Section 1A – Material Loss or
Damage in order to continue THE BUSINESS during the Indemnity Period
b.
Auditors or Professional Accountants charges reasonably incurred for producing and certifying
details of a claim under this Section.
LIMIT OF LIABILITY
In respect of the first three months of the Indemnity Period:
Twenty Five per cent of the Maximum Limit
In respect of each subsequent month of the Indemnity period:
That proportion of the Remainder Limit which the one month bears to the Remainder Period or to
nine months whichever is the longer
Nor in all the Maximum Limit(s) as defined hereunder relative to the BUILDING(S) damaged by the
DAMAGE.
22
The
Boat Traders
Policy
Section 1F – Glass Breakage
BREAKAGE OF GLASS
Including
(a)
the cost of boarding-up temporary repairs and removal of debris and obstructions
(b)
DAMAGE to
(i)
(c)
Excluding
(a)
(ii)
alarm foil lettering painting embossing silvering or other ornamental work on glass
(iii)
neon and other fixed signs
loss of or DAMAGE (including destruction or condemnation by order of a Public Authority as
STOCK unfit for sale) to window display STOCK caused as a direct result of DAMAGE to the
shop-front (including fixtures and fittings therein) or breakage of Glass therein
DAMAGE
(i)
(b)
frames framework and fittings caused by such breakage
to glasshouses conservatories or cold frames
(ii)
not extending through its entire thickness
(iii)
to any glass flawed or broken at the commencement of this insurance
(iv)
due to dilapidation of frames or framework
In respect of neon and other fixed signs DAMAGE
(i)
arising from adjustment repair dismantling or erection of any part of the sign or DAMAGE
to any part whilst removed from its normal working position
(ii)
arising from mechanical breakdown
(iii)
by its own ignition electrical breakdown or burn-out but
DAMAGE to any other part of the sign resulting therefrom is not excluded
Exceptions
This Section does not cover
1.
The first £100 of each and every occurrence of DAMAGE otherwise payable under this Section
2.
Glass already cracked at the commencement of the insurance by this Section
3.
DAMAGE to any lettering or other ornamental work unless such DAMAGE is caused by or
consequent upon the breakage of the Glass on which it is fixed
4.
DAMAGE to frames or framework of any description nor the removal or replacement of any
fittings or fixtures in order to replace the Glass
5.
DAMAGE to Glass caused by or happening through
(a)
fire lightning or explosion
(b)
riot or civil commotion occurring elsewhere than in Great Britain the Isle of Man or the
Channel Islands
23
The
Boat Traders
Policy
Section 2A – Third Party & Passenger Liability
Use Or Movement Of Vessels
COVER
By reason of your interest in a vessel you may be held legally liable for DAMAGE, loss of life or injury and
this section of your policy indemnifies you for such payment as defined below
Indemnity
This section also covers the legal liability of any EMPLOYEE/named person/potential client using a
vessel with the INSURED’s permission. The Limit of Indemnity under this section is as shown in the
schedule for any one ACCIDENT or series of ACCIDENTs arising from the same event. In no case shall
the total indemnity exceed the amount shown in the schedule in respect of any one event. Underwriters
shall indemnify you or any EMPLOYEE/named person using a vessel with your permission against claims
resulting form your or their legal liability for:
Other Persons
(1)
Death or BODILY INJURY to any person other than you or other than as specified in
exclusions (a) to (h) below
Other Property
(2)
DAMAGE to PROPERTY not belonging to you or the permitted user
Raising of Wreck
(3)
Attempted or actual raising, removal or destruction of the wreck of a vessel or any
neglect or failure to raise, remove or destroy the wreck
Coroners Inquests
(4)
Expenses incurred by you with our prior written consent in connection with official inquiries and
coroners inquests
Legal Costs
(5)
Law costs, incurred with our prior written consent in defending any action or contesting
liability whether or not such action proceeds in the Criminal or Civil Court
EXCLUSIONS
Underwriters shall not indemnify you or the permitted user against claims resulting for legal liability for:
Employees
(a)
Death or BODILY INJURY in respect of any person employed in any capacity by you in
connection with a vessel or similarly employed by any person using a vessel with your
permission
Water Skiers
(b)
ACCIDENTs caused by or to water skiers being towed or preparing to be towed by your vessel or
until safely back on board your vessel unless cover for such liability is specially included in the
policy by endorsement
Para-kiting
(c)
ACCIDENTs arising from any person engaged in kiting or other airborne sport whilst being towed
by your vessel or preparing to be towed until safely back on board your vessel, unless cover for
such liability is specially included in the policy by endorsement
Trailer
(d)
ACCIDENTs involving a trailer except when intentionally not attached to a towing vehicle
Fare Paying Passengers
(e)
Death or BODILY INJURY in respect of fare paying passengers and DAMAGE or loss
of their PROPERTY, unless cover for such liability is specially included in the policy by
endorsement
Damages
(f)
Damages or penalties under contract
Fines
(g)
Fines or other penalties imposed under any statutory code or common law in respect of any
offence committed
Medical Expenses
(h)
Medical expenses incurred by you or by the person permitted to use a vessel
24
The
Boat Traders
Policy
Section 2B – Yacht Yard Indemnity
INDEMNITY TO INSURED
Bodily Injury or Damage to
Third Party Property
(A)
The Underwriters will subject to the terms exceptions conditions and limits of liability
contained within this policy indemnify the INSURED in respect of legal liability under their
conditions of trading advised to Underwriters or at common law for damages and claimant’s costs
and expenses incurred in respect of
(1)
(2)
injury to any person not being an EMPLOYEE of the INSURED
DAMAGE to any PROPERTY but excluding PROPERTY in which the INSURED has any
beneficial interest or any PROPERTY hired or leased to the INSURED
provided that such injury or DAMAGE happens in connection with the INSURED’s BUSINESS
and occurs
Premises
(1)
Working Away
(2)
in or about the PREMISES described in the Schedule hereto or within the limits of the
port river or harbour authority in or upon which the PREMISES are situated but not
beyond a radius of 5 miles from the said PREMISES
whilst the INSURED or EMPLOYEEs are working within the TERRITORIAL LIMITS or as
previously agreed, provided that no liability shall attach to the in respect of any operation
of shifting or towing afloat of any outside a radius of twenty five miles from the place of
work away from the insured PREMISES during the Period of Insurance
More than One Party
(B)
If the INSURED comprises more than one party (which term in the case of a partnership includes
each individual partner) the Underwriters will indemnify each in terms of this policy against liability
incurred to the other as if such other was not included as the INSURED
Legal Costs
(C)
The Underwriters will in addition pay
(1)
(2)
Unlicensed Motor Vehicles
(D)
solicitor’s fees for representation at any Coroners Inquest or fatal injury enquiry or Court
of Summary Jurisdiction in respect of any event which may be the subject of indemnity
costs and expenses incurred with their written consent
The Underwriters will also indemnify the INSURED in the terms of this policy in respect of injury
or DAMAGE
(1)
caused by any motor vehicle which is owned by or in the possession of or being used by
or on behalf of the INSURED
(i)
(ii)
(2)
Other Persons
(E)
which is not licensed for road use or being so used
designed or adapted primarily for use as a tool of trade
arising during the act of loading and unloading a motor vehicle or the bringing or taking
away of a load from such vehicle
Indemnity to Other Persons
The Underwriters will also indemnify in the terms of this Policy If the INSURED so requests
(1)
(2)
(3)
any director or EMPLOYEE in respect of liability for which the INSURED would have
been entitled to indemnity if the claim had been made against them
any Principal on whose behalf the INSURED in the course of the BUSINESS is
undertaking work to the extent that the contract between the INSURED and such
Principal so requires in respect of liability arising from the performance of such work
the legal personal representatives of any person entitled to indemnity under this Policy in
respect of liability incurred by that person
If the Underwriters are liable to indemnify more than one party the total amount of indemnity to all
such parties including the INSURED shall not exceed the Limits of Liability
25
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Boat Traders
Policy
Section 2B – Yacht Yard Indemnity
Exclusions
The Underwriters shall not be liable
Damages, Fines or Penalties (1)
in respect of any liability for:
(a)
any amount in respect of liquidated damages, fines or penalties
(b)
financial loss
which attaches solely because of a contract
(2)
injury or DAMAGE caused by PRODUCTS unless endorsed hereon
Defective Work
(3)
for the cost of rectifying defective work
Vessels Under Construction
(4)
for DAMAGE to vessels under construction or in the course of assembly or at any time to sale or
transfer of ownership
Own Vessels
(5)
for Injury, DAMAGE or Financial Loss directly or indirectly caused by contributed to by or arising
from any ship, craft or vessel in which the INSURED has any beneficial interest or which is hired
or leased to the INSURED except in respect of injury to persons being ferried to or from their
vessels
Condemnation
(6)
in respect of any liability for
(a)
(b)
(c)
expense arising from condemnation or rejection of any part by reason of defective design
or use of defective materials
any loss or expense arising from such condemnation or rejection
the cost or expense of repairing, modifying or replacing any such part so condemned or
rejected
Aircraft
(7)
for injury or DAMAGE caused by aircraft owned by or in the possession of or being used by the
INSURED or on their behalf
Vehicles
(8)
for injury or DAMAGE caused by mechanically propelled vehicles or trailers attached thereto in
circumstances which in the United Kingdom would require insurance or security to be effected by
virtue of the Road Traffic Acts
Surveys
(9)
for injury, DAMAGE or any loss arising from any surveys, condition reports, inspections or
valuations on vessels
Salvage
(10)
for injury, DAMAGE or any loss arising in connection with any salvage operation which the
INSURED contracts to perform
Professional Skills
(11)
for injury, DAMAGE or any loss for which indemnity may be obtained under the terms of a
Professional Indemnity policy irrespective of whether such a policy is held by the INSURED or
not
Deliberate Act or Omission
(12)
any deliberate act or omission of the INSURED, their partners, directors or managerial
EMPLOYEEs and which could reasonably have been expected having regard to the nature and
circumstances of such act or omission
This exclusion shall also apply in respect of any deliberate act or omission of any person claiming
indemnity but only as far as indemnity to such person is concerned
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Policy
Section 2B -1 – Ship Repairers Liability
Clauses
1. Gross Charges
Gross charges shall be defined as the total charges (collected or uncollected) made by the INSURED as
ship repairers during the period of this insurance. No deduction shall be made from the gross charges in
respect of any subcontracted work.
2. Coverage
Underwriters hereby agree, subject to the limitations, terms and conditions hereinafter mentioned to
indemnify the INSURED for all sums which the INSURED shall become liable to pay by reason of the
legal liability of the INSURED as ship repairers for:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
loss of or damage to any vessel or craft which is in the care, custody or control of the INSURED
for the purpose of being worked upon including shifting & moving within the limits of the port at
which the work is being carried out and including trial trips but not exceeding 15 miles from such
port
loss of or damage to any other vessel or craft upon which the INSURED is working except
vessels or craft at sea other than whilst on trial trips
loss of or damage to cargo or other things on or discharged from any of the vessels or craft
referred to in (i) or (ii) above
loss of damage to machinery or equipment of any vessel or craft whilst such machinery or
equipment is removed from such vessel or craft and is in the care, custody or control of the
INSURED for the purpose of being worked upon, including whilst in transit between such vessel
or craft and the premises of the INSURED or whilst in transit to or from specialist repairers' or
manufacturers' premises
removal of wreck
loss of or damage to third party property occurring in the course of or arising from the ship
repairing operations of the INSURED
where such liability results from negligence of the INSURED, his servants, agents or subcontractors
occuring during the period of this insurance.
3. Limit of Liability
4. Deductibles
The limit if liability under this insurance, in respect of any one accident or series of accidents arising out of
one occurrence, shall be GBP1,000,000 including liability for costs and expenses which are either:
(a)
incurred with the written consent of the underwriters hereon, or
(b)
awarded against the INSURED
This insurance shall only pay the excess of GBP2500. in respect of the INSURED's ultimate nett loss
resulting from any one accident or series of accidents arising out of one occurrence.
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Policy
Exclusions
Notwithstanding anything contained herein to the contrary, this insurance shall not cover any liability:
(a)
(b)
for death or personal injury howsoever caused
in respect of property
(i)
(ii)
owned by, used by or leased to the INSURED
in the care, custody or control of the Assured (other than property referred to in Clause 2
(i), (iii) or (iv) above)
(c)
being collision liability, towers liability or liability arising out of the navigation of any vessel or craft
owned or operated by the Assured or any affiliated or subsidiary concern or party
(d)
in respect of or arising in connection with any vessel or craft accepted by the INSURED solely to
be stored
(e)
in respect of or arising in connection with any new vessel or craft being built by the INSURED
(f)
for payments under penalty clauses, detention, demurrage, loss of time, loss of freight, loss of
charter, loss of market or any other consequential loss whatsoever,in respect of property referred
to in Clause 2 above.
(g)
in respect of loss or damage specified in Clause 2 above unless discovered and reported in
writing to the Underwriters within 6 months of the delivery to Owners or within 6 months after the
work is completed by the INSURED, whichever may first occur
(h)
arising from the existence, maintenance, or use of:
(i)
(ii)
(i)
in respect of or arising in connection with:
(i)
(ii)
(iii)
(j)
(k)
directly or indirectly occasioned by happening through or in consequence of:
(ii)
(iii)
(iv)
war, civilwar, revolution, rebellion, insurrection, or civil strife arising therefrom or any
hostile act by or against a belligerant power
capture, seizure, arrest, restraint, or detainment (barratry and piracy excepted) and the
consequences thereof or any attempt thereat
derelict mines, torpedoes, bombs or other derelict weapons of war
destruction of or damage to property by or under the order of any government or public
or local authority
directly or indirectly caused by or contributed to by or arising from:
(i)
(ii)
(iii)
(m)
condemnation or rejection of any part by reason of faulty design
loss or expense arising from such condemnation or rejection
the cost or expense of repairing, modifying or replacing any part (or for any loss or
expense arising therefrom) by reason of faulty design
arising from any strike, lock-out, labour disturbance, riot, civil commotion or act of any person
taking part in any such occurrence, or from any act of any person acting maliciously
(i)
(l)
any licensed truck, automobile or other mechanically propelled vehicle;
any unlicensed truck, automobile or other mechanically propelled vehicle outside the
premises or yard of the INSURED
ionising radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste or from the combustion of nuclear fuel
the radioactive, toxic, explosive or other hazardous or contaminating properties of any
nuclear installation, reactor or other nuclear assembly or nuclear component thereof
any weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter
in respect of or arising in connection with an oil tank vessel or craft or any vessel or craft
previously engaged in carrying explosives or inflammable liquids or gases or arising in
connection with work:
(i)
(ii)
on or near any fuel tank or pipeline of an oil burning vessel or craft
on or near any bunker space of any coal burning vessel or craft
unless, the rules, regulations and requirements of the port or governmental authorities at the
place where the work is being carried out have been complied with. Should a gas free certificate
not be required by the port or governmental authorities then such a certificate must be obtained
from a chemist approved by Lloyd's Agent prior to the commencement of work
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Policy
Exclusions
(n)
assumed under contract or otherwise in extension of the liability imposed upon the INSURED by
law in the absence of contract
(o)
for punitive and exemplary damages however described
(p)
directly or indirectly caused by asbestos;
(q)
for seepage, pollution or contamination unless caused by an event which is identified as
occurring at an instantaneous moment in time during the period of this policy, is accidental and
neither expected or intended by the INSURED, and became known to the INSURED within 72
hours after its commencement and is reported to underwriters within 90 days thereafter. Nothing
in this exclusion shall operate to provide coverage for
(i)
(ii)
(iii)
(iv)
fines, penalties, punitive damages, exemplary damage, treble damages or any other
damages resulting from the multiplication of compensatory damages
any site of location used in whole or in part for the handling, processing, treatment,
storage, disposal or dumping of any waste materials or substances
the cost of evaluating and/or monitoring and/or controlling seepage and/or contaminating
substances
the cost of removing and/or nullifying and/or clearing up seepage /or polluting and/or
contaminating substances on property at any time owned and/or leased and/or rented by
the INSURED and/or under the control of the INSURED
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Policy
General Conditions
Inspection of Books
The INSURED shall keep a complete and accurate record of all gross charges for operations covered
hereunder and shall make these records available to underwriters upon request.
Notice of Claim
In the event of any occurrence which may result in a claim under this insurance the INSURED shall give
prompt written notice to the underwriters hereon and shall forward every summons or process (or copies
thereof) served upon the INSURED and shall keep underwriters fully advised.
Claim Control
Underwriters shall at any time be entitled (but not obliged) to control or take over the conduct of the
investigation defence and settlement of any claim suit or proceeding against the INSURED which is or is
likely to be the subject of indemnity under this insurance.
In the event of this insurance being one layer of a series of layers of insurance and more than one layer
being likely to be involved in a particular occurrence, the INSURED shall endeavour to obtain the
agreement of the insurers of each affected layer as to the manner in which such control or taking over
shall be effected and the costs, charges and expenses incurred borne.
Subrogation
In the event of any claim or loss being paid under this insurance, Underwriters shall be subrogated to all
rights and remedies of the INSURED. The INSURED shall not admit liability nor give any waiver of
subrogation without the express permission of underwriters.
Reconstruction or
Conversion
It is a condition of this insurance that before work commences involving the reconstruction or
conversion of any vessel or craft which entails a change in dimensions, tonnage or type, the INSURED
must advise underwriters and the coverage hereon in respect of such vessel or craft shall depend on the
payment by the INSURED of such additional premium as may be required by underwriters.
Due Diligence
It is the duty of the INSURED and his agents at all times to take such measures as may be reasonable for
the purpose of averting or minimising a loss.
Assignment
It is agreed that no assignment of or interest in this insurance or in any moneys which may be or may
become payable hereunder is to be binding on or recognised by underwriters unless a dated notice of
such assignment or interest signed by the INSURED, and by the assignor in the case of subsequent
assignment, is endorsed on this insurance and the insurance with such endorsement is produced before
payment of any claim or return of premium hereunder: but nothing in this condition is to have effect as an
agreement by underwriters to a sale or transfer to a new management.
Other Insurances
In the event of an occurrence giving rise to a claim which is but for the existence of this insurance
covered under any other indemnity or insurance inuring to the benefit of the INSURED, the insurance
afforded by this policy shall be in excess of the amount which would be recoverable under such other
indemnity or insurance had this insurance not been effected, but only to the extent that the excess
amount is covered by this insurance.
Law & Practice
This insurance shall be subject to the exclusive jurisdiction of the English Courts, except as may be
expressly provided herein to the contrary.
Cancellation
This insurance may be cancelled by either party on giving the other 30 days notice in writing.
In the event of Underwriters giving notice then the words 'minimum and' in Clause 4 above shall be
deemed to be deleted.
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Endorsements
PERSONAL INJURY
ENDORSEMENT
In consideration of an additional premium this insurance shall be extended to include legal liability of the
Assured for death or personal injury occurring in the course of and arising from the ship repairing
operations of the Assured, but in no event shall this endorsement provide cover for any claim arising
directly or indirectly under Workmen's Compensation or Employers Liability Acts or any other statutory or
common law Liability in respect of loss of life, bodily injury to, or illness of any workman or other person
employed in any capacity whatsoever by the Assured, his agents or when such loss of life, bodily injury or
illness arises out of or in the course of the employment of such workman or other person.
Subject otherwise to all terms, clauses and conditions of this insurance.
DETENTION ENDORSEMENT This insurance is extended to cover the legal liability of the Assured for detention of any vessel or craft as
a consequence of loss of or damage to such vessel or craft resulting in a claim which is the subject of
indemnity under clause 6(i), (ii) or (iv) herein but this extension shall not cover any legal liability for
detention assumed under contract or otherwise in extension of the liability imposed upon the Assured by
law in the absence of contract
TRAVELLING WORKMEN
ENDORSEMENT
The cover provided by this insurance shall be extended whenever any persons employed by or on behalf
of the Assured are on board the vessels at sea or in any port for the purpose of effecting repairs and/or
other work entrusted to the Assured notwithstanding that such persons may be signed on as members of
the vessels' crew
OTHER WORK
ENDORSEMENT
1.
Subject to prior notification to and agreement of Underwriters this insurance shall be extended to
cover other repair operations which do not come within the scope of the ship repairing operations
of the Assured. The gross charges in respect of such operations shall be declared to
underwriters and adjusted at a rate to be agreed
2.
So far only as concerns such other repair operations:
(a)
(b)
the expressions 'ship repairers' and 'ship repairing' wherever used in this insurance,
other than in Clause 5 shall be deemed to include other repair operations of the Assured
loss of or damage to property (other than that referred to in (i), (ii) or (iii) above) which is
in the care, custody or control of the Assured for the purpose of being worked upon
including whilst in transit to or from the premises of the Assured or whilst in transit to or
from specialist repairers' or manufacturers' premises.
Subject otherwise to all terms, clauses and conditions of this insurance
Hot Work Warranty
FIRE PRECAUTIONS
It is a condition precedent to liability under this Policy/Section that in respect of work involving the
application of heat away from the Insured's premises the following precautions are in operation.
1.
General
(a)
(b)
(c)
(d)
(e)
2.
Oxy-acetylene and other Welding and Cutting Equipment
(a)
(b)
3.
The area in which the operation is to be carried out must be clear and free from
combustible materials before operations commence
Before carrying out any work on one side of a wall or partition an Inspection must be
made on the opposite side to the work to ensure that no combustible materials are in
danger of ignition either directly or by conduction of heat
Except for plumbing or painting contracts involving one man only at least one responsible
official must be present at commencement of the operation and two or more employees
must be present during the whole period of the operation.
A thorough examination must be made in the vicinity after termination of each period of
work
Portable fire extinguishing appliances must be kept available for immediate use
The area in which the work is to be carried out must be shielded adequately by the use
of fire-resistant material
Combustible floors in the area must be covered with sand or protected with overlapping
sheets of non-combustible material
Blow Lamps and Blow Torches
(a)
(b)
(c)
Blow lamps must be filled only in the open.
Blow lamps must be lighted immediately before work commences and extinguished
immediately after work ceases
Lighted blow lamps must not be left unattended.
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Section 2C – Employers Liability
Indemnity
Cover
If any EMPLOYEE, whilst employed in or temporarily outside Great Britain, Northern Ireland, the Isle of
Man or the Channel Islands on the BUSINESS of the INSURED, sustains bodily injury or disease caused
during the Period of Insurance and arising out of and in the course of employment by the INSURED the
Underwriters will subject to the terms of this section indemnify the INSURED against legal liability for
damages provided that
Court
(a)
the action for damages is brought against the INSURED in a Court of Law outside NORTH
AMERICA
Admissions
(b)
no admission, offer or promise or indemnity shall be made or given by or on behalf of the
INSURED without the written consent of the Underwriters which shall be entitled if it so desires to
take over and conduct in the name of the INSURED the defence or settlement of any claim or to
prosecute in the name of the INSURED for its own benefit any claim indemnity or damages
otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of
any claim
Notice
(c)
the INSURED shall give notice in writing to the Underwriters as soon as possible after the
occurrence of any ACCIDENT or disease with full particulars thereof. Every letter, claim, writ,
summons and/or process shall be notified or forwarded to the Underwriters on receipt. Notice
shall also be given in writing to the Underwriters immediately the INSURED shall have
knowledge of any impending prosecution, inquest or inquiry in connection with any ACCIDENT or
disease which may be the subject of indemnity under this section and the INSURED shall give all
such information and assistance as the Underwriters may require
Definitions
The following expressions shall have the specified meanings given to them wherever they may appear in
this section
BUSINESS
The activities of the INSURED as stated in the schedule and including
(a)
(b)
(c)
(d)
provision and management of canteen, sports, social and welfare activities, sponsorships,
medical, dental, nursing, first aid, fire, ambulance and security services
ownership and maintenance of the INSURED’s PROPERTY,
participation in exhibitions,
private work by an EMPLOYEE for any fellow EMPLOYEE
but excluding any activity from the time of embarkation onto a conveyance at the point of final
departure to an offshore rig or platform until disembarkation from the conveyance onto land upon
return from an offshore rig or platform
EMPLOYEE
(Addendum to the Policy definition applying to this section only)
Any employee as previously defined –
other than in circumstances where insurance or security is required to be effected by the Insured to
comply with the Road Traffic Acts as amended by The Motor Vehicles (Compulsory Insurance)
Regulations 1992 or any alteration to such Regulations or any similar legislation applying to Northern
Ireland, the Isle of Man or the Channel Islands or to any other territory consequent on the Third Council
Directive 90/232/EEC of 14/05/1990 relating to insurance against Civil Liability in respect of the use of
motor vehicles
LIMIT OF INDEMNITY
The amount stated in the schedule is the maximum amount payable in respect of
(i)
(ii)
any one claim against the Insured or series of claims against the Insured and
any claim or series of claims made by the Insured under this policy arising out of one cause
The Indemnity provided by the standard Clauses or any other amendment to this policy shall not operate
so as to increase the maximum amount payable in respect of claims arising out of one cause
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Policy
Standard Clauses
1) Contractual Liability
Where any contract or agreement entered into by the INSURED with any other party (hereinafter called
“the principal” so requires this section will indemnify
(1)
(2)
the INSURED against liability arising in connection with and assumed by the INSURED by virtue
of such contract or agreement
or
the principal in like manner to the INSURED in respect of the principal’s liability arising from the
performance of such contract or agreement,
but only so far as concerns liability as defined in this section to EMPLOYEEs of the INSURED and
provided that
(a)
the INSURED shall have arranged with the principal for the conduct and control of all
claims to be vested in the Underwriters,
(b)
the principal shall as though they were the INSURED observe, fulfil and be subject to the
terms and conditions of this section in so far as they can apply,
(c)
the Underwriters shall not be liable in respect of any legal liability of whatsoever nature
directly or indirectly caused by or contributed to by or arising from:
(i)
(ii)
ionising radiations or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel
the radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof
To the extent that may be required by such contract or agreement the Underwriters will waive rights of
subrogation against any party specified in the contract or agreement
2) Costs and Expenses
The Underwriters will also pay:
(a)
(b)
costs and expenses recoverable from the INSURED by any claimant
costs and expenses incurred by the Underwriters or by the INSURED with the written
consent of the Underwriters,
in connection with any occurrence which is or may be the subject of indemnity under this section
3) EMPLOYEEs Business
Liability
Should the INSURED so require this section will indemnify any EMPLOYEE in respect of any claim made
against them which would have constituted a valid claim under this section had such a claim been made
against the INSURED
4) Health and Safety at Work
etc. Act 1974
The Underwriters will indemnify the INSURED and if the INSURED so requires any EMPLOYEE in
respect of legal costs and expenses incurred in defending a prosecution brought under sections 2 to 8 of
the Health and Safety at Work, etc. Act 1974 and other relevant legislation provided that the prosecution
(1)
(2)
relates to an offence alleged to have been committed during the Period of Insurance and in the
course of BUSINESS
relates to matters affecting the health, safety and welfare of EMPLOYEEs.
The Underwriters will also pay:
(a)
(b)
costs and expenses of appeal including an appeal against improvement and prohibition notices
incurred with its written consent
prosecution costs awarded against the INSURED
The indemnity does not apply:
(i)
(ii)
to fines imposed or ordered to be paid,
where there is indemnity by a legal expenses insurance policy
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Standard Clauses
5) Unsatisfied Court
Judgements
If an EMPLOYEE sustains bodily injury or disease caused during the Period of Insurance arising out of
and in the course of employment by the INSURED, for which a third party is legally liable and the
EMPLOYEE
(a)
is unable to enforce a judgement for damages against the third party either in part or in whole
within six months of the date of the judgement the Underwriters will if the INSURED so requires
indemnify the EMPLOYEE up to the amount of the adjudged damages and any awarded costs to
the extent they remain unsatisfied provided that
(i)
(ii)
(iii)
(b)
this extension shall only apply to judgements made in a Court of Law outside NORTH
AMERICA,
there is no appeal outstanding,
the EMPLOYEE in return for the payment assigns their judgement to the Underwriters,
is unable to institute or serve proceedings for damages against the third party within a reasonable
period of time or at all the Underwriters will if the INSURED so requirespay to the EMPLOYEE an
amount equivalent to the sum which would reasonably be expected to be recovered in
proceedings for damages in a Court of Law outside NORTH AMERICA provided that the
EMPLOYEE
(i)
(ii)
assigns to the Underwriters their choice in action,
provides all reasonable assistance that the Underwriters may require should it become
possible to pursue the action
All costs reasonably incurred by the EMPLOYEE in compliance with this requirement will
be reimbursed by the Underwriters
Any dispute arising out of this extension shall be resolved by reference to an independent
arbitrator acceptable to both the EMPLOYEE and the Underwriters who shall be a practising
member of the Bar experienced in personal injury claims and whose decision will be final
6) Compensation for Court
Attendance
In the event of any EMPLOYEE attending court as a witness at the request of the Underwriters in
connection with a claim in respect of which the INSURED is entitled to indemnity under this section the
Underwriters will provide compensation to the INSURED at the rate of £100 per person for each day on
which attendance is required
7) Data Protection Act 1984
respect of their liability under the Data Protection Act 1984 to pay
(1)
compensation in respect of DAMAGE or distress under sections 22 and 23 of the Act including
defence costs and expenses
(2)
defence costs in relation to a prosecution brought under section 19 of the Act in relation to a
claim made by an EMPLOYEE, provided that
(a)
(b)
(c)
the INSURED has registered in accordance with the terms of the Act,
a claim is made against the INSURED during the Period of Insurance,
this extension shall not apply in respect of
(i)
(ii)
(iii)
(iv)
(v)
(d)
the payment of fines or penalties,
the cost of replacing, reinstating, rectifying or erasing any personal data,
liability caused by or arising from a deliberate or intentional act by or omission of
any party entitled to indemnity by this section the effect of which will knowingly
result in liability under the Act,
claims which arise out of circumstances notified to previous underwriters or
known to the INSURED at inception of this section,
liability for which indemnity is provided under any other insurance,
in respect of each and every claim under this extension the Underwriters shall be liable
for ten per cent of the cost of the claim or the first £500 whichever is the greater
8) Conflict of Interest
In the event of a conflict of interest between the INSURED and any EMPLOYEE indemnified by this
section separate representation will be arranged for each party
9) Employers’ Liability
(Compulsory Insurance) Act
1969
The indemnity granted by this section is deemed to be in accordance with the provisions of the
Employer’s Liability (Compulsory Insurance) Act 1969 or similar legislation applying to Northern Ireland
the Isle of Man or the Channel Islands
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The
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Policy
Section 2D – Public (including Products) Liability
Indemnity and Definitions
INDEMNITY CLAUSE
The Underwriters subject to the terms, exclusions and conditions of this section will indemnify the
INSURED up to the Limit of Indemnity against liability incurred by them during the Period of Insurance
arising out of and in the course of BUSINESS within the Territorial Limits
DEFINITIONS
The following expressions shall have the specified meanings given to them wherever they may appear in
this section
BODILY INJURY
Death, illness, disease, physical injury, mental injury, mental anguish, shock, false arrest, false
imprisonment, invasion of right of privacy, detention, false eviction and malicious prosecution
BUSINESS
The activities of the Insured as stated in the schedule and including
(a)
(b)
(c)
(d)
LIMIT OF INDEMNITY
provision and management of canteen, sports, social and welfare activities, sponsorship,
medical, dental, nursing, first aid, fire, ambulance and security services,
ownership and maintenance of the Insured’s property,
participation in exhibitions,
private work by an Employee for any fellow Employee.
The amount stated in the schedule is the maximum amount payable for damages, including interest
thereon, in respect of any one occurrence (irrespective of the number of claims occasioned thereby) and
shall be unlimited in amount during any one Period of Insurance except that in respect of
(a)
(b)
claims arising from PRODUCTS (whether or not involving POLLUTION or contamination)
other claims arising from POLLUTION or contamination of BUILDINGS or other structures or of
water or land or the atmosphere and all loss or DAMAGE or injury directly or indirectly caused by
such POLLUTION or contamination
the amount stated in the Policy schedule shall be the maximum amount payable for such damages in the
aggregate during any one Period of Insurance. Other than Optional Clause C – Libel and Slander
Extension any extensions to this section having separately stated Limits of Indemnity shall not be
additional to the PRODUCTS aggregate Limit of Indemnity
TERRITORIAL LIMITS
Worldwide excluding NORTH AMERICA
LIABILITY
Legal liability to pay damages including interest thereon in respect of or in consequence of
(a)
(b)
accidental BODILY INJURY to any person other than an EMPLOYEE,
accidental loss of or DAMAGE to PROPERTY other than PROPERTY belonging to or in the
custody possession or control of the INSURED other than in respect PRODUCTS previously
sold, supplied, erected repaired altered treated or installed from the PREMISES of the INSURED
in Great Britain, Northern Ireland The Channel Islands or the Isle of Man
occurring during the Period of Insurance – and in addition
(i)
(ii)
costs and expenses recoverable from the INSURED by any claimant,
costs and expenses incurred by the Underwriters or by the INSURED with the written consent of
the Underwriters
in connection with any occurrence which is or may be the subject of indemnity under this section
35
The
Boat Traders
Policy
Standard Clauses
The indemnity provided by this section includes LIABILITY under the following clauses provided that
where a party other than the INSURED is indemnified such partly shall, as though they were the
INSURED, observe, fulfil and be subject to the terms, exclusions and conditions insofar as they can apply
1) Contractual Liability
The Liability of the INSURED assumed by them under any contract or agreement entered into by them in
the course of BUSINESS provided that the Underwriters shall not be liable for
(a)
(b)
(c)
liquidated damages, fines or penalties,
loss or DAMAGE to the contract works,
loss of or DAMAGE to materials, plant or equipment used in performance of the contract by the
INSURED, their principals or subcontractors
To the extent that may be required by such contract or agreement the Underwriters will waive rights of
subrogation against any party specified in the contract or agreement
2) Indemnity to Principal
Where any contract or agreement entered into by the INSURED with any other party (hereinafter referred
to as the “principal”) so requires this section will indemnify the principal against any claims made against
them for which the INSURED are legally liable and which fall within the terms and conditions of this
section provided that the INSURED shall have arranged with the principal for the conduct and control of
all claims to be vested in the Underwriters
3) Leased Premises
The INSURED’s LIABILITY for DAMAGE to PREMISES including landlord’s contents, fixtures and fittings
not owned by the INSURED but leased or rented by them in the course of BUSINESS excluding
(a)
(b)
(c)
LIABILITY for which indemnity to the INSURED is provided under any other insurance or in any
other way,
the first £100 (or such larger sum that has been agreed overall) of any amount otherwise payable
hereunder in respect of each claim other than as the result of fire or explosion,
LIABILITY which attaches by way of any contract or agreement that would not have attached in
the absence of such contract or agreement
4) Personal Effects
The INSURED’s LIABILITY for loss of or DAMAGE to director’s EMPLOYEE’s or visitors’ personal effects
including vehicles and their contents but excluding liability for which indemnity is provided under any other
insurance or in any other way
5) EMPLOYEE’s
Business Liability
If the INSURED so requires this section will indemnify
(a)
any EMPLOYEE, any committee or any member of the INSURED’s sports and social clubs and
similar organisations engaged in activities described in paragraph (a) of the BUSINESS
definition, against LIABILITY arising out of and in the course of BUSINESS but excluding liability
for which indemnity is provided under any other insurance or in any other way
6) EMPLOYEE’s
Personal Liability
If the INSURED so requires this section will indemnify any EMPLOYEE against LIABILITY arising from
or caused by the engaging in temporary service, in a private capacity, of any fellow EMPLOYEE but
excluding LIABILITY for which indemnity is provided under any other insurance or in any other way
7) EMPLOYEE’s
Liability Overseas
The INSURED’s LIABILITY and if the INSURED so requires such LIABILITY of any EMPLOYEE, their
spouse and their children whilst abroad on BUSINESS but excluding LIABILITY for which indemnity is
provided under any other insurance or in any other way
8) Cross Liabilities
Where the INSURED includes more than one party this section shall operate as though a separate
section has been issued to each such party provided that the total liability of the Underwriters shall not
exceed the Limit of Indemnity
For the purposes of this clause members of the INSURED’s sports and social clubs and other
organisations engaged in activities described in paragraph (a) of the BUSINESS definition shall each be
considered separate parties
9) Health and Safety
at Work, etc. Act 1974
respect of legal costs and expenses incurred in defending a prosecution brought under sections 2 to 8 of
the Health & Safety at Work, etc. Act 1974 and other relevant legislation provided that the prosecution
(1)
(2)
relates to an offence alleged to have been committed during the Period of Insurance and in the
course of BUSINESS
relates to matters affecting the health, safety and welfare of persons other than EMPLOYEEs
The Underwriters will also pay
(a)
(b)
costs and expenses of appeal including an appeal against improvements and prohibition
notices incurred with its written consent,
The indemnity does not apply
(i)
(ii)
to fines imposed or ordered to be paid,
where there is indemnity by a legal expenses insurance policy
36
The
Boat Traders
Policy
Standard Clauses
10) Consumer Protection
Act 1987
respect of legal costs and expenses incurred in defending a criminal prosecution brought under Part II of
the Consumer Protection Act 1987 provided that the prosecution relates to an offence alleged to have
been committed during the Period of Insurance and in the course of BUSINESS
The Underwriters will also pay
(a)
(b)
costs and expenses of appeal including an appeal against a suspension notice incurred with its
written consent,
The indemnity does not apply
(i)
(ii)
(iii)
11) Work Upon Third Party
Property
to fines or penalties of any kind
where there is indemnity by any other insurance
to a prosecution consequent upon a deliberate act by or omission of any party entitled to
indemnity by this section the effect of which will knowingly result in a breach of Part II of the Act
The words “or in the custody possession or control of” in paragraph (b) of the Liability definition shall
not apply in respect of PREMISES and their contents temporarily in the INSURED’s custody possession
or control for the purpose of undertaking work. This clause shall not apply in respect of
(a)
(b)
PREMISES and their contents belonging to the INSURED or occupied by them as tenants,
liability arising from or caused by DAMAGE to that part of the PREMISES or contents upon which
the INSURED are or have been working resulting directly from the work process
12) Defective Premises
Act 1972
Liability incurred by virtue of section 3 of the Defective Premises Act 1972 and other relevant legislation
13) Conflict of Interest
In the event of a conflict of interest between the INSURED and any EMPLOYEE indemnified by this
section separate representation will be arranged for each party
14) Compensation For
Court Attendance
In the event of any EMPLOYEE attending court as a witness at the request of the Underwriters in
connection with a claim in respect of which the INSURED is entitled to indemnity under this section the
Underwriters will provide compensation to the INSURED at the rate of £100 per person per day for each
day on which attendance is required
15) Sudden and Accidental
POLLUTION
The INSURED’s Liability in respect of
(a)
(b)
POLLUTION or contamination of BUILDINGS or other structures or of water or land or the
atmosphere and
loss or DAMAGE or injury directly or indirectly caused by such POLLUTION or contamination
caused by a sudden identifiable unintended and unexpected incident which takes place in its
entirety at a specific time and place during the Period of Insurance
All such POLLUTION or contamination which arises out of one incident shall be deemed to be one
occurrence and to have occurred at the time such incident takes place
37
The
Boat Traders
Policy
Optional Clauses
The following clauses shall apply only if the letter set against them appears in the schedule
A) NORTH AMERICAN
Extension
The Territorial Limits are amended to include NORTH AMERICA provided that
(a)
the Underwriters shall not indemnify any party incorporated, domiciled, resident or transacting
BUSINESS in NORTH AMERICA,
(b)
THE LIMIT OF INDEMNITY shall be the maximum amount payable under this extension
including any costs and expenses recoverable hereunder
(c)
(i)
(ii)
(iii)
(iv)
B) Data Protection Act 1998
Extension
liability arising from or caused by manual work undertaken by or on behalf of the
INSURED in NORTH AMERICA,
liability which attaches by way of any contract or agreement that would not have attached
in the absence of such contract agreement,
fines, penalties, punitive, vindictive or exemplary damages,
bodily injury or loss of or DAMAGE to or loss of use of PROPERTY or financial economic
and or consequential loss directly or indirectly caused by POLLUTION or contamination
including the cost of remaking nullifying and cleaning up such POLLUTION or
contaminating substances
Notwithstanding Exclusion 4 this section is extended to indemnify the INSURED and at the request of the
INSURED any EMPLOYEE in respect of their liability under the Data Protection Act 1998 to pay
(1)
(2)
compensation in respect of DAMAGE or distress under sections 22 and 23 of the Act including
defence costs and expenses,
defence costs in relation to a prosecution brought under section 19 of the Act, in relation to a
claim made by any person other than an EMPLOYEE provided that
(a)
(b)
(c)
the INSURED has registered in accordance with the terms of the Act,
a claim is first made against the INSURED during the Period of Insurance,
(i)
(ii)
(iii)
(iv)
(v)
(d)
(e)
C) Libel and Slander
Extension
the payment of fines or penalties,
the cost of replacing, reinstating, rectifying or erasing any personal data,
LIABILITY arising from or caused by a deliberate or intentional act by or
omission of any party entitled to indemnity by this section the effect which will
knowingly result in LIABILITY under the Act,
claims which arise out of circumstances notified to previous underwriters or
known to the INSURED at inception of this extension,
LIABILITY for which indemnity is provided under any other insurance,
in respect of each and every claim under this extension the Underwriters shall not be
liable for ten per cent of the cost of the claim or the first £500 whichever is the greater
the LIMIT OF INDEMNITY shall be the maximum amount payable under this extension
in the aggregate during any one Period of Insurance
This section is extended to include the INSURED’s LIABILITY arising from or caused by the publication or
utterance by or on behalf of the INSURED of a libel or slander, provided that
(a)
(b)
(c)
a claim is first made against the INSURED during the Period of Insurance,
(i)
claims which arise out of circumstances notified to previous underwriters or known to the
INSURED at inception of this extension,
(ii)
publications or utterances made at the discretion of any party entitled to indemnity by this
section with the knowledge of the libellous or slanderous effect thereof,
(iii)
claims brought outside Great Britain, Northern Ireland, the Isle of Man or the Channel
Islands,
in respect of each and every claim under this extension the Underwriters shall not be liable for
ten per cent of the cost of the claim
38
The
Boat Traders
Policy
Optional Clauses
d) Defective Parts
Extension
(a)
(b)
(c)
(d)
(e)
Section 2D PUBLIC (INCLUDING PRODUCTS) LIABILITY exclusion 2) Contractual Liability
Recall and Products (c) and the NOTE are deleted and replaced by (b) (c) (d) (e) and the NOTE
contained within this extension
excluding loss of or DAMAGE to or any costs or expenses incurred in repairing replacing or
making any refund in respect of that part of the goods which caused loss of or DAMAGE
to the remainder of the goods
In respect of loss or DAMAGE to the remainder of goods the first 25.00% or £10,000 whichever
is the greater of damages costs or expenses and which shall be retained by the INSURED as
their own liability and uninsured and the INSURED shall reimburse the Underwriters for sums
which the Underwriters shall pay in respect thereof
the amount stated in the schedule specifically relating to this extension is the maximum payable
any one claim or any one period of insurance any amounts paid under this extension will be
included in the aggregate limit in respect of PRODUCTS stated in the schedule.
the excess noted in the schedule will apply to all claims made under this section of the policy
other than noted in (c) above or where specifically amended within the policy wording, terms or
endorsements
NOTE for the purpose of this extension goods shall mean any yacht or vessel or component thereof
(including containers labelling instructions or advice provided in connection therewith) sold supplied
erected repaired altered treated or installed by the INSURED in the course of the BUSINESS in or from
PREMISES of the INSURED in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man
39
The
Boat Traders
Policy
Exclusions
THE FOLLOWING ARE EXCLUDED FROM THIS SECTION (2D)
1) Motor Vehicles, Vessels
and Aircraft
(a)
LIABILITY arising from or caused by the ownership or possession or use by or on behalf of the
INSURED of
(i)
(ii)
(iii)
2) Contractural Liability,
Recall and PRODUCTS
any hovercraft or any aircraft or airborne device
any mechanically propelled vehicle outside Great Britain, Northern Ireland, the Isle of
Man or the Channel Islands
any mechanically propelled vehicle in circumstances where a Certificate of Insurance is
required in accordance with the Road Traffic Acts currently in force in Great Britain,
Northern Ireland, the Isle of Man or the Channel Islands,
(b)
LIABILITY for which indemnity is provided under sections 2a or 2b or under any other insurance
in respect of any vehicle, vessel, hovercraft, aircraft or airborne device
(a)
any LIABILITY which is assumed by the INSURED by agreement unless such LIABILITY would
have attached in the absence of such an agreement
any costs of recall of goods or any consequential loss of any kind
loss of or DAMAGE to or any costs or expenses incurred in repairing replacing or making any
refund in respect of PRODUCTS
(b)
(c)
NOTE for the purpose of this Exclusion PRODUCTS shall mean any PRODUCT sold supplied
erected repaired altered treated or installed by the INSURED in the course of the BUSINESS in
or from PREMISES of the INSURED in Great Britain, Northern Ireland, the Channel Islands or
the Isle of Man
3) Advice, Instruction
or Design
LIABILITY arising from any advice, instruction or design
(a)
given for a fee by or on behalf of the INSURED unless relating to any PRODUCTS for which
indemnity is provided by this section
(b)
given without a fee and for which indemnity is provided by other insurance
4) Data Protection Act 1998
LIABILITY incurred under the Data Protection Act 1998 or similar legislation outside the United Kingdom
5) Use or Application of Heat LIABILITY arising from or caused by the use or application of heat away from the INSURED’s
- Fire Precautions
PREMISES unless the INSURED
(a)
when using oxyacetylene, electric arc or similar welding and cutting equipment takes all
reasonable precautions to prevent loss or DAMAGE. Where the use of such equipment is
subcontracted the INSURED shall require the subcontractor to also take all reasonable
precautions
The term “reasonable precautions” in relation to the use of such equipment shall include
but not be limited to the following
(i)
Before Starting Work
(a)
(b)
(b)
a person shall be made responsible for fire safety and for ensuring that
reasonable precautions are taken,
all persons shall be made aware of the location of the site’s fire alarms fire
fighting equipment,
the responsible person shall examine all PROPERTY within a radius of six metres from where
the heat is being applied and where possible remove all combustible materials or otherwise cover
and protect by overlapping sheets or screens of non-combustible material
(ii)
During the Process of Work
(a)
a person shall work alongside the operator of the equipment to look out for an
outbreak of fire and there shall be available for immediate use
(i)
(ii)
(b)
(c)
(iii)
(c)
at least two buckets of dry sand,
a hose connected to the nearest hydrant with water turned on and
controllable at the nozzle of the hose. If water is not available or
unsuitable then two fully charged fire extinguishers must be available,
the lighting of equipment shall be in accordance with manufacturers ,instructions
and no piece of lighted equipment shall be left unattended,
gas cylinders not required for immediate use shall be kept at least six metres
from where the heat is being applied
After Ceasing Work
a continuous examination for thirty minutes shall be made of the area within a radius of
six metres from where the heat has been applied to ensure that there is no risk of fire
when using or applying heat in any other way takes all reasonable precautions to prevent loss or
DAMAGE
40
The
Boat Traders
Policy
Exclusions
6) POLLUTION or
Contamination
liability in respect of
(a)
(b)
POLLUTION or contamination of BUILDINGS or other structures or of water or land or the
atmosphere and
loss or DAMAGE or injury directly or indirectly caused by such POLLUTION or contamination,
other than Liability for which an indemnity is provided by Standard Clause 15 Sudden and Accidental
POLLUTION
7) Reasonable Precautions
The INSURED shall take all reasonable precautions to prevent accidents, loss, destruction or DAMAGE.
Further the INSURED shall ensure that all locking and/or fastening devices including alarms (if any) fitted
for the protection of the PROPERTY Insured shall be brought into operation whenever
(i)
(ii)
(iii)
The PREMISES are closed for BUSINESS
or
the contract site is left unattended
or
any conveyance is left unattended
41
The
Boat Traders
Policy
ENDORSEMENT 1
Excess Clause
Endorsements
(This clause applies ONLY if incorporated by completion of the appropriate section in the Schedule)
The INSURED shall bear the first loss up to the amount specified in the schedule in respect of each and
every claim, excepting an actual arrange or constructive total lossrecoverable under Section 1 and/or 4
which shall be payable in full
THE FOLLOWING ENDORSEMENTS APPLY ONLY IF THEY ARE SPECIFICALLY INCORPORATED
BY REFERENCE NUMBER IN THE SCHEDULE
ENDORSEMENT 2
Speedboat Clause
The Speed Warranty (Warranty No 2) is hereby deemed to be deleted. No claim shall be allowed in
respect of:
(a)
(b)
(c)
ENDORSEMENT 3
Liability to Water Skiers
loss DAMAGE liability or any salvage services arising while the vessel is participating in racing or
speed tests, or any trials in connection therewith
any liability to or incurred by any person engaged in water skiing, aquaplaning similar sport,
whilst being towed by the vessel or preparing to be towed or after being towed until safely on
board the vessel
any liability to or incurred by any person engaged in kiting or other airborne sport, whilst being
towed by the vessel or preparing to be towed or after being towed until safely on board the vessel
Including liability to water skiers operating with the insured vessel, in the terms of Section 2A so far as
applicable, up to the amount specified in the Schedule
Section 2A Exclusion B and Section (b) of the Speedboat Clause are hereby deemed to be deleted
ENDORSEMENT 4
Liability of Water Skiers
Including liability incurred by water skiers operating with the vessel, in the terms of Section 2A up to the
amount specified in the Schedule. For the purpose of this extension waterskiers shall have the same
protection in respect of their liability as if they were persons using the vessel with the Owner’s permission
Section 2A Exclusion b and Section (b) of the Speedboat Clause are hereby deemed to be deleted
ENDORSEMENT 5
Personal Effects
ENDORSEMENT 6
Trailer
The personal effects as specified by declaration are insured whilst on board the vessel during the period
declared only and are covered against loss or DAMAGE caused by the vessel being stranded, sunk,
burnt, on fire or in collision, and theft following forcible or violent entry
THIS CLAUSE DOES NOT INCLUDE COVER FOR THIRD PARTY INSURANCE AS REQUIRED BY
THE ROAD TRAFFIC ACTS
This policy is extended to insure your trailer up to the amount specified in the Schedule against loss or
DAMAGE caused by:
(1)
ACCIDENT, fire, malicious acts, negligence of any person
(2)
Theft
(i)
(ii)
(iii)
if locked within a place of storage
if it is secured by an anti-theft device
if stolen with a vessel
but this extension is subject to the exclusions detailed in Section 1 of this Policy Third party risks are
covered in the terms of the Policy conditions when the trailer is intentionally uncoupled from the towing
vehicle
ENDORSEMENT 7
Transit Risks
Including transit by road or rail or aircraft within UK but excluding scratching, bruising and Third Party
risks and carriage of goods for hire or reward
The risks of loading and unloading are covered including claims by Third Parties during these operations
excluding theft from
(i)
unattended road vehicles owned or operated by the INSURED in respect of Computer
Equipment, telecommunication equipment, photographic or video equipment, Clothing, and
Electronic Equipment unless the vehicle is left fully closed and locked with all anti theft devices in
operation and in a fully closed and locked building.
(ii)
unattended road vehicles owned or operated by the INSURED between the hours of 7.00 p.m.
and 8.00 a.m. for all PROPERTY other than items specified in (i ) above unless the vehicle is left
fully closed and locked with all anti theft devices in operation and in a full closed and locked
building.
(iii)
unattended road vehicles owned or operated by the INSURED between the hours of 8.00 a.m.
and 7.00 p.m. for all PROPERTY other than items specified in (i ) above unless the vehicle is left
fully closed and locked with all anti theft devices in operation.
42
The
Boat Traders
Policy
ENDORSEMENT 8
Multi hulls Clause
Endorsements
In the event of DAMAGE to one or more of a vessel’s hulls this policy shall pay only the reasonable cost
of repairs and no claim shall be admitted for replacing one or more hulls unless the cost of such repairs
would exceed the cost of replacement
THIS ENDORSEMENT APPLIES TO SECTION 2B - YACHT AND BOAT YARD INDEMNITY ONLY
ENDORSEMENT 9
Liability arising out
of Transit Risks
The Underwriters will indemnify the INSURED in the terms of this policy against all sums which the
INSURED shall be legally liable to pay in respect of loss or DAMAGE yachts or craft (including masts
spars and machinery thereof) in the custody or control of the INSURED (other than those owned by or
leased to the INSURED or in which they have any beneficial interest) which the INSURED or their
EMPLOYEE shall move by road beyond the limits of the PREMISES described in the Schedule hereto in
the course of their BUSINESS but in no case beyond the TERRITORIAL LIMITS but excluding the
carriage of goods for hire or reward subject to the limit shown in the schedule
THIS ENDORSEMENT APPLIES TO SECTION 1B BUILDERS RISKS ONLY
ENDORSEMENT 10
Failure to Launch
It is understood and agreed that in the event of failure to launch Underwriters will bear all subsequent
expenses necessarily incurred in completing the launch. Under no circumstances does this endorsement
extend to include any consequential loss arising from failure to launch
ENDORSEMENT 11
Held Covered on change
It is understood and agreed that the subject matter of this Insurance is HELD COVERED in case of
of Voyage/Situation/ Location deviation or change of VOYAGE/SITUATION/LOCATION provided prompt notice be given to the
Underwriters immediately the change becomes known to the INSURED and any amended terms of cover
and additional premium (if required) applied by the Underwriters be accepted and agreed by the
INSURED
THIS ENDORSEMENT APPLIES TO SECTION 2B – YACHT AND BOAT YARD INDEMNITY
ENDORSEMENT 13
Liability arising out of
Plant or Crane Hire Activity
ENDORSEMENT 14
Protected Cover Clause
The Underwriters will indemnify the INSURED in respect of liabilities assumed under plant or crane hire
contracts on CPA or similar terms so hired for the purpose of conducting their BUSINESS within the
TERRITORIAL LIMITS described in the policy subject to the specific limit for this endorsement noted in
the schedule Nothing in this endorsement shall alter or amend the provisions of Exclusion 1 of section 2B
It is understood and agreed that no claims shall be allowed in respect of DAMAGE to any vessel the
subject of this Insurance, caused by or arising from a vessel being sunk, swamped or immersed unless
the open cockpit of a vessel is covered by a properly constructed and secured waterproof canopy
covering the whole cockpit. It is further agreed that the said canopy is to be maintained in a secure and
waterproof condition at all times when in use
T0434F/Apr05
43

Boat Traders Policy - Bay Marine Insurance

Transcription

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