glennon · please carefully review the attached insurer ... included in our report is an...
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GLENNON
Frank Glennon Limited
Insurance Brokers & Consultants
Charlemont House, Charlemont Place, Dublin 2
Telephone 707 5800. Fax 707 5900
www.glennons.ie
Member of Worldwide Broker Network WBN and Irish Brokers Association;
Registered Office: Charlemont House, Charlemont Place, Dublin 2. Registered in Ireland Cert. No. 14385.
Directors: D.A. Glennon, J.J. Bissett A.C.I.I, G. C. Elliott M.R.I.C.S , T .V. Moore F.C.I.I., D. B. Deasy F.C.A.
Frank Glennon Ltd trading as ‘Glennon’, ‘Glennon Insurances’, ‘AIC Glennon’, ‘Glennon International’ and
‘Glennon B2B’ is regulated by the Central Bank of Ireland.
15 May 2017 RE: Professional Liability Insurance and Public & Products Liability Insurance Scheme for
Full Practicing Members of the Irish Society of Chartered Physiotherapists (ISCP)
Dear Member, Thank you for providing Glennon Insurance with an opportunity to provide quotation. The Group Professional Liability Insurance Scheme for full practicing members of ISCP falls due for renewal on 1st July annually. Please note you must remain a Full Practicing member of the Irish Society of Chartered
Physiotherapists throughout the policy period in order to avail of annual insurance cover.
Policy cannot be incepted without your ISCP membership number.
The total amount payable to the common renewal date of 1st July 2018 is based on the option selected below and includes Insurers premium, 5% government levies and €15 administration fee. The total amounts payable are: Category Total Cost
Private Practitioner Member €146.75
Public Health Service Member €78.00
ISCP members paying the Public Health Service Member premium have automatic cover for an element of work undertaken outside of the public system. This cannot exceed 20% of hours worked in total. If it does then the member has to pay the Private Practitioner Member premium. Details of payment methods, including the online facility available, are shown on page 4 of this letter. Please note cover does not apply until the premium payment has been received by us. Please carefully review the attached insurer Statement of Fact. This document places responsibility on you to ensure that the basis on which insurers accept and arrange your insurance is as per their understanding and/or assumptions as outlined in the Statement of Fact document. You must check all the information contained in the Statement of Fact documentation and if any details are incorrect, inform us immediately. If you fail to inform us about any material changes Insurer may be entitled to treat this insurance as if it had never existed.
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GLENNON
Frank Glennon Limited
Insurance Brokers & Consultants
Charlemont House, Charlemont Place, Dublin 2
Telephone 707 5800. Fax 707 5900
www.glennons.ie
Member of Worldwide Broker Network WBN and Irish Brokers Association;
Registered Office: Charlemont House, Charlemont Place, Dublin 2. Registered in Ireland Cert. No. 14385.
Directors: D.A. Glennon, J.J. Bissett A.C.I.I, G. C. Elliott M.R.I.C.S , T .V. Moore F.C.I.I., D. B. Deasy F.C.A.
Frank Glennon Ltd trading as ‘Glennon’, ‘Glennon Insurances’, ‘AIC Glennon’, ‘Glennon International’ and
‘Glennon B2B’ is regulated by the Central Bank of Ireland.
Cover is based on the following: Cover: Professional Liability Insurance and Public & Products Liability Insurances. This Professional Liability Insurance is underwritten on a ‘claims made’
basis. This means that your policy must be in force on the date that a claim is made against you and/or on the date you become aware of a circumstance likely to give rise to a claim and notify insurers of these circumstances.
The Public/Products Liability Insurance is underwritten on an occurrence basis.
This policy will not cover claims relating to activities which were undertaken
prior to 1st July 2013. Claims or circumstances arising prior to 1st July 2013 should be notified to your previous insurer. Glennon will be happy to handle any such notifications to RSA on your behalf.
ISCP Membership: Please note you must remain a Full Practicing member of the Irish
Society of Chartered Physiotherapists throughout the policy period in order to avail of annual insurance cover.
Professional Services: Physiotherapy services as outlined by the Irish Society of Chartered Physiotherapists including the Rules of Professional Conduct Incorporating Code of Ethics and Guidelines on scope of Practice in the Physiotherapy profession for members of the Society.
Limit of Indemnity: €6,500,000 any one claim except in respect of a number of defined lower
limits as per the policy wording. The limit of indemnity for Products Liability is €6,500,000 any one claim and
in the aggregate for the period of insurance. Excess: €200 each and every claim but not applicable to Defence Costs This is a summary only, please refer to policy document for full details. Terms of Business & Statement of Suitability
We enclose our updated Terms of Business for your information. Please read these carefully as they set out the basis on which we will provide business services to you as a Glennon Corporate Client. In accordance with the regulations set down by the Central Bank of Ireland, please find attached our Statement of Suitability.
Important Details
Included in our report is an “Important Details” section and we would recommend that you take this opportunity to ensure that you are familiar with the information outlined therein.
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GLENNON
Frank Glennon Limited
Insurance Brokers & Consultants
Charlemont House, Charlemont Place, Dublin 2
Telephone 707 5800. Fax 707 5900
www.glennons.ie
Member of Worldwide Broker Network WBN and Irish Brokers Association;
Registered Office: Charlemont House, Charlemont Place, Dublin 2. Registered in Ireland Cert. No. 14385.
Directors: D.A. Glennon, J.J. Bissett A.C.I.I, G. C. Elliott M.R.I.C.S , T .V. Moore F.C.I.I., D. B. Deasy F.C.A.
Frank Glennon Ltd trading as ‘Glennon’, ‘Glennon Insurances’, ‘AIC Glennon’, ‘Glennon International’ and
‘Glennon B2B’ is regulated by the Central Bank of Ireland.
Cover Confirmation If cover is required please make the premium payment to Glennon Insurance. Details of payment methods are enclosed. Cover does not apply until the premium payment has been received by us. If you wish to avail of our online payment system, please contact us for Glennon reference details. Please note that in an effort to streamline all our business with you we will issue all future correspondence by email. Should you not wish to receive correspondence by email please advise us at [email protected] or please tick here and return this letter to us by post. We trust the above is in order, however please do not hesitate to contact myself of one of my colleagues should you wish to discuss further. A list of contact details has been included in this correspondence. Yours sincerely,
Valerie McDermott ACII Client Services Broker SME
Glennon Insurance
T: 01 7075800 F: 01 7075900 E: [email protected] W: www.glennons.ie
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Premium Payment Options
Online Payment
ISCP Policies can be arranged on our website using credit or debit card. There is no charge for online debit or credit cards payments. Follow the link below, and then click on “ISCP Professional Liability Insurance New Business”. http://iscp.glennons.ie In order to arrange online you will be required to enter the following information: Glennon Reference: Please contact Glennon office Account Reference Number: 040323
Should you have any queries regarding this process please do not hesitate to contact us. Cheque or Bank Draft
Premium can be paid by cheque which should be made payable to Frank Glennon Ltd. Credit / Debit card
Payment can be made by credit card and debit card. There is no charge for debit card payments but payments by credit card are subject to 1.5% charge by Glennon where payments are made through our office. There is no charge for online credit or debit card payments. Electronic Transfer Payment Details
If you wish to pay by electronic funds transfer Glennon Bank details are as follows:
Bank Details: Bank of Ireland, 2 College Green, Dublin 2 Account Name: Frank Glennon Ltd Client Premium Account Account Number: 17568487 Sort Code: 90-00-17 IBAN Number: IE14 BOFI 9000 1717 5684 87 SWIFT-BIC BOFIIE2D
The total amounts payable are:
Category Total
Cost
Private Practitioner Member €146.75
Public Health Service Member €78.00
Please quote your Glennon reference when making payment.
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GLENNON INSURANCE SERVICE TEAM FOR
IRISH SOCIETY OF CHARTERED PHYSIOTHERAPISTS
Insurance Management It is our aim to provide you with a quality day-to-day service over the coming 12-month period. The following are the persons with the direct responsibility for the servicing of your Account:- Name:
Ray Fogarty
Office Direct: 01 707 5800 Client Service Director Fax:
01 707 5900
Email: [email protected] Name: Valerie McDermott
Address:
Charlemont House, Charlemont Place, Dublin 2
Main Office Contact
Office Direct:
01 7075800
Fax:
01 7075900
Email: [email protected] Web: www.glennons.ie
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Professional Liability – Members of the Irish Society of Chartered
Physiotherapists
Endorsement 6:
Statement of fact
IMPORTANT NOTICE: Your acceptance of the policy confirms your agreement that the Details contained
in this Statement of Fact are accurate and complete to the best of your knowledge. The Details noted in this Statement of Fact forms the basis of any contract entered into with the Insurer.
Material Facts
We would draw your attention to the serious consequences of failure to disclose all material information. Material information is that which would influence the Insurer’s decision whether or not to accept the
proposed insurance risk, and if so on what terms. Failure to disclose any such information may result in the policy being void from inception or claims not being paid or not being paid in full. If you are in any doubt as
to whether or not any information is material, you should disclose it. Disclosure
You agree that the information below is true and to the best of your knowledge complete.
Details
1. That you are not aware of any injury to, or death, disease or illness of any patient, or any other
circumstances which may give rise to a Claim against you or which has resulted in a Claim being made against you in the last five years.
2. That you have not had any proposal for Professional Liability Insurance made on behalf of your business declined, cancelled, refused renewal or had special terms proposed.
3. That neither you or any of your business partners of Directors ever been convicted of, or charged with, a criminal offence other than a motoring offence.
4. That you have never been fined or served imprisonment or been issued with a prohibition notice under statutory legislation.
All other terms, exclusions and conditions of this policy remain unaltered
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the
Central Bank of Ireland for conduct of business rules.
AIGDUBCATPI – Manuscripted for ISCP 7-2015
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GLENNON STATEMENT OF SUITABILITY
IMPORTANT NOTICE – STATEMENT OF SUITABILITY: This is an important document which sets out the reason why the product(s) or service(s) offered or recommended is/are considered suitable, or the most suitable for your particular needs, objectives and circumstances.
Product Professional Liability and Public & Products Liability Insurance Insured: Members of the Irish Society of Chartered Physiotherapists
Insurer: AIG Europe Ltd
We understand that you:
• Require advice on appropriate insurance cover to protect your assets, earnings and/or liabilities and
• Wish to purchase a policy or range of policies that a prudent person of your type would require. In assessing your needs and objectives, and in making recommendations, we have: • Asked for information from you about your circumstances as might reasonably be expected to be
relevant in enabling us to identify your requirements, and have based our understanding of your needs and objectives on the information you have supplied to us
• Relied upon you disclosing all facts and circumstances material to the required insurance, having explained to you your duty to disclose all such facts and circumstances, and the consequences of a failure to disclose anything of which you are aware that may be relevant
Having taken account of the scope of cover you have selected, the products available to us
and the information and facts you have provided to us, we recommend this product because:
Cover
• The coverage, limits and sums insured meet your needs and objectives as we have assessed them.
• Of the scope of cover and benefits provided by the product • Of less restrictive conditions applying compared with other Insurers’ offers. • The policy is underwritten on a special scheme with specific covers, wordings and competitive
rates developed specifically for your business as a full practicing member of the ISCP. Cost
• The cost of the product is reasonable against any other product covering a similar range of needs and objectives that we can offer.
Insurer/Service
• Of the flexibility in underwriting available with this Insurer • Of the standard of service provided by this Insurer • Of the security of the Insurer based on internationally accepted Credit Agency ratings. General
• The product options recommended represent the most suitable from the range of products available from us.
• The product is the most suitable for you taking into account your needs and objectives and the facts and information you have disclosed to us.
Signed: Valerie McDermott
For Glennon Insurance Date: 15 May 2017
Frank Glennon Limited, trading as “Glennon” and “Glennon Insurances”, “AIC Glennon”, “Glennon International”, and “Glennon B2B” is regulated by the Central Bank of Ireland
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IMPORTANT DETAILS
Material Facts When seeking a quotation and/or arranging, amending or renewing a policy the information you provide must be true in every respect and you must not withhold or misrepresent any material information. Material information is any information which an insurer would regard as likely to influence their assessment or acceptance of the insurance. Failure to disclose all material information may lead to the voidance of a policy by an insurer. If you are in doubt as to whether or not such information is material, you should disclose it or contact Glennon for guidance. This information includes, but is not limited to, occupation, claims, medical conditions, convictions, disqualifications, pending prosecutions, endorsements and for motor insurance, age, type of driving licence, driving history and vehicle details. It is particularly important that you advise Glennon of ANY previous claims under ANY policy whether or not you were at fault. Exclusions
All Insurances notwithstanding titles such as "Comprehensive", "All Risks" etc. are subject to exclusions which qualify and define the extent of cover provided by the particular Insurance. Some of these exclusions are uninsurable, but other exclusions may be deleted or amended on payment of additional premium. It is extremely important to familiarise yourself with the Policy Exclusions and advise us if you consider that certain exclusions should be deleted or amended. Warranties/ Conditions
It is essential to comply strictly with the terms of any Warranties contained in your Insurance Policies. Failure to comply will invalidate the Insurance at the option of the Insurance Company. It is recommended that you read the Policies carefully and ensure that all Warranties and other Conditions are being fulfilled. If, for some reason, you cannot comply with a Warranty or Condition, we should be advised immediately so that we can discuss the matter with the Insurance Company. Claims All Policies contain conditions regarding the notification of incidents likely to give rise to a claim, many requiring that such notification be given as soon as possible after the incident has occurred. It is important that all incidents that might result in a claim and all subsequent developments are reported to us as soon as possible. Such notification will ensure that your position is safeguarded in the event of a subsequent claim being made against you. We have summarised below certain key issues for your guidance and to assist with the efficient handling of your claims. If you are in doubt as to whether a loss is covered or if a claim should be submitted please contact us. • Immediately notify and provide available details of any event that could give rise to a claim under your policy.
• Do not wait to notify or submit a claim because invoices or other documents are not immediately available. They can follow at a later date.
• Immediately notify the Gardaí (or Police authorities if abroad) of any loss or damage due to theft, attempted theft, assault or attack on any person, riot or malicious damage or if anyone is injured in a road accident.
• Never admit liability or make an offer to make payment to a third party (including employees) without the consent of your insurer.
• Do not reply or respond to any contact or correspondence received from any third party (including employees) or agent acting on their behalf. On receipt you must forward any notice of prosecution, inquest or fatal inquiry and every third-party letter, claim, writ or summons unanswered and unacknowledged for insurers to take the appropriate action on your behalf.
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Notes
• Late notification and admission of liability are common cases of insurers repudiating claims. • Failure to disclose all material facts in respect of the claim could prejudice your rights to recover your loss. Data Protection
• The Code of Practice on Data Protection for the Insurance Sector states the following:
“Insurance policies should not other than in compliance with a specific legal obligation such as contained in the Road Traffic Acts, as a condition of the policy, require the provision of personal data of potential claimants at a pre-claim stage of any incidents, e.g. workplace accidents that might lead to a claim. Where notification is required of incidents that fall within the scope of the policy, this should take place by the provision of anonymised data only, except where there is clear evidence that a claim is likely to be made by the subject(s) of the report”.
• You must not supply us with any personal data on a potential claimant under an insurance policy unless there is clear evidence that a claim is likely to be made or unless a formal claim has been intimated.
• Where such clear evidence is not available and/or no formal claim has been made, please anonymise all personal details before forwarding the accident circumstances to us i.e. name, date of birth, address and PPS number.
• Please continue to provide full information as normal when:- o Reporting a formal claim; o Reporting an incident where an injury is substantive (requiring more than one week off work) or where
initial information points to liability attaching to you irrespective of the severity of an injury or damage caused.
• Please change the information provided when: o Reporting an incident where an injury is minor (requiring less than one week off work) and where initial
information indicates that liability does not attach to the you and it is reasonable to expect that a claim will not follow.
o The latter incidents should be reported excluding personal data such as name, address, date of birth, employee number, PPS number, relationship with insured etc. and any reference to the Injured Party should be by way of initials only.
• Please also refer to our Data Protection Notice in our Terms of Business
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Sums Insured:
Adequacy of Sums Insured: It is important that you are aware of the implications of the Average Condition and that your sums insured are adequate in order to have the full protection of your policy in the event of a claim. Our experience shows that underinsurance is one of the principal difficulties encountered in negotiating claim settlements. In order to avoid underinsurance on your Buildings and Plant it is recommended that you have a regular professional valuation carried out. Buildings: You need to insure for the cost of reinstating the entire structure as new, taking into account walls, gates and fences. The sum insured selected by you should be sufficient to rebuild the premises in full and allow for demolition, site clearance, compliance with Building Regulations and professional fees necessarily incurred, together with inflation during the rebuilding period. If in doubt you should consult with your Architect or Professional Valuer.
Business Interruption It is essential that you carefully consider the basis of cover under the Business Interruption Section of the Policy. Insuring on Gross Profit or Revenue basis will protect your business against a reduction in turnover following loss or damage which is insured under your Policy. Insuring on an Increased Cost of Working basis will protect your business against increased costs only [as defined in policy wording] following loss or damage which is insured under the Policy. In addition, the sums insured and indemnity period selected need to be carefully considered. If you require any assistance on this matter please contact one of our team to discuss.
Unoccupied Properties
If any properties or portion of an insured property becomes unoccupied, it is essential to notify your Insurers immediately. Such a change in occupancy is a fact that must be disclosed to Insurers. In many cases Insurers will impose additional policy warranties and/or restrict cover for unoccupied or partially unoccupied properties. Contracts, Leases and Other Agreements Contracts, Leases or other Agreements including Supplier/Agency agreements normally require an acceptance of responsibility or risk or an undertaking to hold harmless one party or other in certain circumstances. Motor and Liability Insurances in particular exclude liabilities assumed by agreement which would not have attached in the absence of such agreement. All Contracts, Leases and Agreements should be carefully examined by you and we should be informed of any additional liabilities imposed on you so that we may discuss the matter with the Insurance Company. Contractors/Sub-Contractors/ Consultants From time to time you may have occasion to use the services of Contractors in the course of your business. Such Contractors may damage your property, disrupt your business or cause accidents for which you may have a legal responsibility. It is important to check that the Contractors are adequately insured before they are allowed to commence work and we should be notified of the engagement of such Contractors so that we may make the appropriate enquiries on your behalf. Employment of Contractors may also constitute an increase in risk, requiring notification to the Insurance Company as previously stated. Reasonable Precautions: Every Insurance Policy is subject to either an expressed or implied Condition that the Insured will take all reasonable precautions to prevent claims arising. You are obliged to take reasonable precautions to comply with statutory obligations, to employ competent and sober employees, to adequately maintain and safeguard insured property etc. It is important, therefore, that Management should establish proper and adequate procedures in relation to safety and should also take the necessary steps to make certain that staff comply with these procedures.
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Electronic Communications of Insurer Documentation: We may provide you with a copy of your policy documentation (including endorsements and/or renewal papers) in an electronic communication (by email) depending on what form we receive it from the Insurers. If we do not hear from you advising us not to send the policy documentation by email, we will understand that this implies acceptance by you for the use of this form of communication. Certificates of Motor Insurance:
Motor Certificates should be kept safely and retained indefinitely for possible future reference. Certificates of Employers Liability GB/NI (if applicable): Please note that: a) By law you must prominently display a copy of copies of the certificate at each place of business that you
employ persons covered by the policy. From 1 October 2008 this requirement may be satisfied by making the certificate available to all employees in electronic format.
b) Although it is no longer compulsory to retain copies of certificates for 40 years it remains prudent and in your
best interest to do so, even if such evidence of cover is maintained in electronic format. This is because Employers Liability insurance can provide cover for “long tail” diseases and without
appropriate insurance records it may be difficult or even impossible to trace or identify your insurer. In the event that no insurer can be found you will responsible for payment and legal costs of a claim.
Note: There is an Employers Liability Tracing Service available via www.abi.org.uk. This service should not
be relied upon, but may be able to assist if you are unable to identify your insurer in the event of a claim.
Motor Insurance Database – ROI/GB/NI (if applicable):
The 4th EU Directive on Motor Insurance states that each member country must be able to trace the insurer of a vehicle by the registration plate of that vehicle. Glennon clients who insure their vehicles on a “fleet” basis and Motor Traders (and, in GB/NI, Taxi Firms) are legally required to supply details of the vehicles (including temporary vehicles and trailers if they have their own registration numbers) covered by their Motor policy(s) for entry onto:- • The National Fleet Database (ROI) • The Motor Insurers Database (GB/NI) They are internet based solutions which facilitate the upload, change and management of fleet and motor trade (and Taxies in GB/NI) information. This legal requirement has no impact on policy cover. Failure to comply with this requirement may result in prosecution or seizure of a clients vehicle or both. For more information, visit • www.nfd.ie (ROI) • www.miic.org.uk (GB/NI)
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Property Based Insurances – Insurer Appointed Repairers
Please note that in the event you need to make a claim under any Property based Insurance Policy your Insurer may appoint its own builder or other expert to undertake restitution on your property. The decision to repair, reinstate, replace or make a cash settlement rests solely with your Insurer. Motor Insurance – Basis of Claim Settlement If a vehicle is written off, your Insurer will pay you its market value or the sum insured whichever is lesser at the time of the loss less the applicable policy excess so as to leave you in the same financial position you were in prior to the loss occurring. A deduction may also be made for the vehicles salvage value. Motor Insurance – Insurer Appointed Repairers Please note that in the event you need to make a claim under a motor insurance policy your Insurer may appoint its own approved repairer or other expert to undertake restitution work on your vehicle. The decision to repair, reinstate, replace or make a cash settlement rests solely with your insurer. Thorough Examination of Certain Plant & Equipment It is a legal requirement that certain “Engineering Plant” is subject to Thorough Examination (formerly Statutory Inspection). Plant requiring Thorough Examination includes air receivers, steam pressure plant and lifting equipment such as passenger/goods lifts and hoists. If you are in doubt as to whether an item of plant under your control is subject to Thorough Examination, please contact us. If you have any queries on these Important Details, please consult your usual Glennon Contact to
discuss.
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AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 7-2016
- 1 -
Professional Liability
Members of the Irish Society of Chartered Physiotherapists
Schedule
Policy Number: CAT40143
Form AIGDUBCATPI 1-2012 – manuscripted for ISCP Members
Item 1. Policyholder Members of the Irish Society of Chartered Physiotherapists
Policyholder’s Main Address
c/o Glennon Insurance Brokers and Consultants,
Charlemont House, Charlemont Place, Dublin 2.
Item 2. Policy Period From: 01 July 2016 To: 30 June 2017
Both days inclusive.
OR as per Certificate of Insurance issued to ISCP member by Glennon Insurance Brokers and Consultants.
Item 3. Limit of Liability (any one Claim)
(a) €6,500,000 except in respect of a Pollution Claim when the Limit of
Liability is €500,000 in the aggregate including Defence Costs. (b) Public / Products Liability Extension per Endorsement 4: €6,500,000 any one
Occurrence and in the aggregate for both Public and Products Liability extension combined
Item 4. Retention (each and every Claim, but not applicable to Defence Costs)
€200
Item 5. Professional Services Physiotherapy Services as outlined by the Irish Society of Charted Physiotherapists
including the Rules of Professional Conduct Incorporating Code of Ethics and Guidelines on scope of Practice in the Physiotherapy profession for members of the Society
Item 6. Retroactive Date 01 July 2013 OR as per Certificate of Insurance issued to ISCP member by Glennon Insurance Brokers and Consultants.
Item 7. Premium excluding applicable taxes
As per Certificate of Insurance issued to ISCP member by Glennon Insurance Brokers and Consultants.
Item 8. Insurer & Address AIG Europe Limited, 30 North Wall Quay, International Financial Services Centre,
Dublin 1.
Item 9. Claims Notice Financial Lines Claims AIG Europe Limited, 30 North Wall Quay, International Financial Services Centre, Dublin 1
or by facsimile to +353 1 283 7773.
Item 10. Endorsements Reference and Description: Endorsement 1: Extended Reporting Period Endorsement 2: CORU Legal Expenses Endorsement 3: Pollution Endorsement Endorsement 4: Public / Products Liability Extension Endorsement 5: Volunteering Endorsement 6: Indemnity to Employer Endorsement 7: Statement of Fact re members status
Effective Date: 01 July 2016 01 July 2016 01 July 2016 01 July 2016 01 July 2016 01 July 2016 01 July 2016
DATE: July 1, 2016
AIG Europe Limited 30 North Wall Quay, International Financial Services Centre, Dublin 1 Stamp Duties Consolidation Act, 1999 The appropriate Stamp Duty has been or will be paid by the Insurer to the Revenue Commissioners in accordance with the provisions of Section 5 of the Stamp Duties Consolidation Act, 1999, as amend.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Notice This is a claims made insurance policy. This policy will only apply to Claims first made against the Insured by a Third Party and reported to the Insurer during the Policy Period. The limits of liability available to pay judgments or settlements shall be reduced by amounts incurred for legal defence. Any amounts incurred for legal defence shall be applied against the Retention.
In consideration of the payment of the Premium and subject to all of the provisions of this policy, the Insurer agrees as
follows:
Covers All cover under this policy is afforded solely with respect to Claims first made against an Insured during the Policy
Period and reported to the Insurer as required by this policy. Civil Liability including Bodily Injury to Patients The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for civil liability of the Insured including for Bodily Injury.
Intellectual Property The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for Infringement. Defamation The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for Defamation. Data Protection The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for Data Protection
Breach by the Insured. Defence The Insurer has the right, but not the duty, to defend any Claim which this policy may respond to under its Covers or Extensions. The Insurer shall pay Defence Costs incurred in defending such Claim. The Insurer is under no obligation to pay Loss, unless the Wrongful Act: (i) first takes place on or after the Retroactive Date; and (ii) is committed by the Insured solely in the performance of or failure to perform Professional Services
Extensions Lost Documents With respect to a Third Party’s Documents: (i) for which an Insured is legally responsible, and (ii) which, during the Policy Period, have been destroyed,
damaged, lost, distorted, erased or mislaid solely in the performance of or failure to perform Professional Services.
Damages shall also include costs and expenses reasonably incurred by the Insured in replacing or restoring such Documents provided that: (a) such loss or damage is sustained while the Documents
are either: (1) in transit; or (2) in the custody of the Insured or of any person to whom the Insured has
entrusted them in the ordinary course of their Professional Services;
(b) the lost or mislaid Documents have been the subject of
a diligent search by or on behalf of the Insured;
(c) the amount of any Claim for such costs and expenses
shall be supported by evidence of expenditure that shall be subject to approval by a competent person to be nominated by the Insurer with the consent of the Insured; and
(d) the Insurer shall not be liable for any Claim arising out
of wear, tear and/or gradual deterioration, moth and vermin, or other matters beyond the Insured’s control.
This Extension is subject to a Sub-Limit of Liability of €250,000. Inquiry Attendance Expenses The Insurer shall pay on behalf of any principal, partner, director of the Insured or any Employee, the Attendance Expenses pursuant to an Inquiry. Attendance Expenses are subject a Sub-Limit of Liability of €100,000. No Retention shall apply to this Extension. Extended Reporting Period If either the Insurer or the Policyholder cancels or does not
renew this policy, other than for non-payment of Premium or any other breach of the terms of this policy by an Insured, the Policyholder shall have the right for a period of 90 days following the date of cancellation or expiry in which to give notice of any covered Claim first made against the Insured
during the Policy Period. This extended reporting period shall not apply if this policy or its cover has been replaced. Previous Business Name Insured is extended to include any entity with a different business name to the Policyholder which the Policyholder
previously operated under prior to trading as the
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Policyholder for all Claims made during the Policy Period. Good Samaritan Act The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for Bodily Injury to any Third Party arising out of a Good Samaritan Act.
Reputational Crisis The Insurer shall pay on behalf of any Insured the Communication Costs necessary to mitigate and control a Reputational Crisis. This Extension is subject to a Sub-Limit of Liability of €25,000. No Retention shall apply to this Extension. Sexual Harassment Defence Costs Defence Costs shall also include necessary and reasonable legal costs and expenses incurred with the Insurer’s prior written consent, such consent not to be unreasonably withheld, in the defence of any Claim or prosecution relating to allegations of sexual harassment and/or sexual molestation first brought against the Insured during the Policy Period. Sexual Harassment Defence Costs are subject to a Sub-Limit of Liability of €500,000. Volunteering The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for Bodily Injury to
any Third Party arising from Volunteering.
Definitions ”Attendance Expenses” means reasonable costs and
expenses, including travel and incidental costs, incurred by any Employee, principal, partner, or director of the Insured with the Insurer’s prior written consent, associated with the legally required attendance at an Inquiry. Attendance
Expenses do not include wages, salaries and other remuneration or overheads incurred in connection with an Inquiry. “Bodily Injury” means physical injury, sickness, disease or death; and if arising out of the foregoing, nervous shock, emotional distress, mental anguish or mental injury. “Claim” means any: (i) written demand against an Insured or (ii) civil or administrative proceeding brought against an Insured, that seeks Damages for a Wrongful Act. For the purposes of the Sexual Harassment Defence Costs Extension, “Claim” shall include written notice of a prosecution against the Insured. “Communication Costs” means those services performed by a Crisis Management Firm in providing consulting services to the Insured on internal and external communications, including media-management, to minimise the potential harm to the Insured following a Reputational Crisis.
“Crisis Management Firm” means any professional crisis management firm pre-approved by the Insurer.
“Damages” means any amount that an Insured shall be legally liable to pay to a Third Party in respect of judgments,
or arbitral awards rendered against an Insured, or for settlements which conform with the consent requirements set out in the “Claims Section”. “Data Protection Breach” means any actual or alleged breach of legislation, or any provisions, rules or regulations regarding data protection and privacy laws of any Third
Party by any Insured. “Defamation” means any libel or slander committed without malice by reason of words written, spoken or broadcast in the course of providing Professional Services. “Defence Costs” means reasonable fees, costs and expenses incurred by or on behalf of the Insured in the investigation, defence, adjustment, settlement or appeal of any Claim. Defence Costs also means reasonable fees, costs and expenses incurred by or on behalf of the Insured in the investigation, defence, settlement or appeal of any complaint against the Insured by any statutory or professional body which has jurisdiction to inquire or adjudicate in any such matter. Defence Costs shall not mean lost earnings, wages,
salaries or other remuneration or benefits paid by the Policyholder to its principals, partners, directors, officers or Employees. “Documents” means all documents of any nature whatsoever including computer records and electronic or digitised data while in the custody of the Insured or any person to whom the Insured has entrusted them; but does not include any currency, negotiable instruments or records thereof. “Employee” means any natural person who is or has been expressly engaged as an employee under a contract of employment with the Policyholder or any Subsidiary.
“Employee” shall not mean any: (i) principal, partner or director; or (ii) temporary contract labour, self-employed person or labour-only sub-contractor. “Good Samaritan Act” means the provision of Professional Services by the Insured at the scene of a
medical emergency, accident or disaster. “Infringement” means an unintentional infringement by the Insured of any intellectual property right of any Third Party, other than patents and Trade Secrets. “Inquiry“ means a formal regulatory, administrative, civic, municipal, regional or national agency investigation into the affairs of the Policyholder solely to the extent that this relates to the Insured’s Professional Services, first made during the Policy Period and reported to the Insurer as required
by this policy, expressly naming any Employee, principal, partner, or director of the Insured as being under
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
investigation and which legally compels such an Insured to attend a hearing. “Insured” means: (1) the Policyholder or any Subsidiary stated on the
Schedule; (2) any natural person, who was, currently is, or shall be a
principal, partner or director of the Policyholder or any
Subsidiary; (3) any Employee; (4) any consultant, independent contractor, temporary
contract labour, self-employed persons, labour-only sub-contractors, solely under contract with, and under the direction and direct supervision of the Policyholder or any Subsidiary; and
(5) any estates or legal representatives of any Insured described in (2) and (3) of this definition;
but only when providing Professional Services in the foregoing capacities during the Policy Period.
“Insurer” means the entity specified as such in the Schedule. “Limit of Liability” means the amount specified as such in the Schedule. “Loss” means Damages and Defence Costs. “Loss” shall
not mean and this policy shall not cover any: (1) taxes; (2) non-compensatory damages, including punitive, multiple, exemplary or liquidated damages; (3) fines or penalties; (4) the costs and expenses of complying with any order for, grant of or agreement to provide injunctive or other non-monetary relief; (5) compensation, benefits or overheads of, or charges or expenses incurred by any Insured; (6) costs incurred by the Insured correcting or re-performing any Professional Services; or (7) any matters which may be deemed
uninsurable under the law governing this policy or the jurisdiction in which a Claim is brought. “Policy Period” means the period of time specified in the Schedule unless the policy is cancelled in which event the Policy Period will end on the effective date of the cancellation. “Policyholder” means the entity or natural person specified
as such in the Schedule. “Pollutants” means, but is not limited to, any solid, liquid, biological, radiological, gaseous or thermal irritant or contaminant whether occurring naturally or otherwise, including but not limited to asbestos, smoke, vapour, soot, fibres, mould, spores, fungus, germs, fumes, acids, alkalis, nuclear or radioactive material of any sort, chemicals or waste or any similar variant substances. “Waste” includes, but is not limited to, material to be recycled, reconditioned or reclaimed. “Premium” means the amount specified as such in the Schedule and any premium adjustment reflected in an endorsement to this policy.
“Professional Services” means the professional services of the Policyholder and any Subsidiary as specified in the Schedule. “Property Damage” means damage to or loss of or destruction of tangible property or loss of use thereof. “Reputational Crisis” means a decrease in reputational
standing which has been caused by the publication or disclosure of a Claim covered by this policy as objectively evidenced, by media reports, publicly available data or other publicly available third-party data.
“Retention” means the amount specified as such in the Schedule. “Retroactive Date” means the date specified as such in the
Schedule. “Subsidiary” means any entity in which the Policyholder, either directly or indirectly through one or more of its entities: (i) controls the composition of the board of directors; (ii) controls more than half of the voting power; or (iii) holds more than fifty per cent (50%) of the issued share
/ equity capital. For any Subsidiary or any Insured thereof, cover under this policy shall only apply to Wrongful Acts committed while such entity is a Subsidiary of the Policyholder. “Third Party” means any entity or natural person; except: (i) any Insured; or (ii) any other entity or natural person having a financial interest or executive role in the operation of the Policyholder or any Subsidiary. “Trade Secret” means information that derives independent economic value, actual or potential, from not being generally known and not being readily ascertainable through proper means by other persons who can obtain economic advantage from its disclosure or use. “Volunteering” means the provision of Professional Services by the Insured in a voluntary capacity
“Wrongful Act” means any: (a) act, error or omission which gives rise to a civil liability
of the Insured. (b) breach of duty, act, error, omission misstatement, or
breach of confidentiality; (c) Infringement; (d) Defamation; or (e) Data Protection Breach.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Exclusions This policy shall not cover Loss in connection with any Claim: Bodily Injury/Property Damage
arising out of, based upon or attributable to Bodily Injury or Property Damage unless: i) arising from an actual or alleged failure to achieve the
legally required standard of care, diligence and expertise in performing Professional Services;
ii) arising solely from an actual or alleged Defamation, which is covered under this policy;
iii) arising out of Good Samaritan Act, where this Extension applies.
Contractual Liability/Performance Guarantees
arising out of, based upon or attributable to any:
i) contractual liability or other obligation assumed by the
Insured, that goes beyond the duty to use such skill and care as is ordinarily applied to the Professional Services provided; or
ii) guarantee or warranty made by the Insured. Costs Assessment
arising out of, based upon or attributable to any actual or alleged failure by any Insured or other party acting for the Insured to make an accurate pre-assessment or estimates of the cost of performing Professional Services.
Insolvency
arising out of, based upon or attributable to the insolvency, administration or receivership of the Insured. Intentional Acts
arising out of, based upon or attributable to any intentional, deliberate or reckless act that would reasonably be expected to give rise to a Claim against an Insured.
Intoxication
arising out of, based upon or attributable to the Insured
carrying out Professional Services whilst under the influence of any intoxicant or narcotic. Medical Practitioners
arising out of, based upon or attributable to services provided by or that would be provided by surgeons, doctors, dentists, nurses, pharmacists, midwives, anaesthetists ambulance personnel and paramedics, laboratory staff, and relevant technicians or other duly qualified professionals or similar individuals working in the healthcare industry. Misdeeds
arising out of, based upon or attributable to any act which a court, official, tribunal or arbitrator or any other duly authorised entity finds, or which an Insured admits, to be a
criminal, dishonest or fraudulent act; and in such event, the Insurer shall be reimbursed for all Loss paid in connection
with such Claim. Patent/Trade Secret
arising out of, based upon or attributable to the breach of licences concerning, infringement of or misappropriation of any Third Party patents or Trade Secrets. Pollution
arising out of, based upon or attributable to: (i) the actual, alleged or threatened presence, discharge, dispersal, release, migration or escape of Pollutants, or (ii) any direction,
request or effort to: (a) test for, monitor, clean up, remove, contain, treat, detoxify or neutralise Pollutants, or (b) respond to or assess the effects of Pollutants.
Prior Claims/Circumstance
(i) made prior to or pending at the inception of this policy; or (ii) arising out of, based upon or attributable to any circumstance that, as of the inception of this policy, may reasonably have been expected by any Insured to give rise to a Claim. Trade Debts
arising out of, based upon or attributable to any: (i) trading debt incurred by an Insured; or (ii) guarantee given by an Insured for a debt. U.S.A./Canada
made or pending within; or to enforce a judgment obtained in, the United States of America, Canada, or any of their territories or possessions. War/Terrorism
arising out of, based upon or attributable to any war (declared or otherwise), terrorism, warlike, military, terrorist or guerrilla activity, sabotage, force of arms, hostilities (declared or undeclared), rebellion, revolution, civil disorder, insurrection, usurped power, confiscation, nationalisation or destruction of or damage to property by or under the order of, any governmental, public or local authority or any other political or terrorist organisation.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Claims Notification of Claims The Insured shall, as a condition precedent to the obligations of the Insurer under this policy, give written notice to the Insurer of any Claim first made against the Insured as soon as practicable and, in any event, during the
Policy Period other then as provided for by the Extended Reporting Period extension. All notifications must be in writing to: Claims AIG Europe Limited 30 North Wall Quay, International Financial Services Centre, Dublin 1. or by facsimile to +353 1 283 7773. If posted, the date of posting shall constitute the date that notice was given, and proof of posting shall be sufficient proof of notice. Related Claims If notice of a Claim against an Insured is given to the
Insurer pursuant to the terms and conditions of this policy, then: (i) any subsequent Claim alleging, arising out of, based upon or attributable to the facts alleged in that previously notified Claim; and (ii) any subsequent Claim alleging any
Wrongful Act which is the same as or related to any Wrongful Act alleged in that previously notified Claim, shall be considered made against the Insured and reported to the Insurer at the time notice was first given. Any Claim or
Claims arising out of, based upon or attributable to (i) the same cause, or (ii) a single Wrongful Act, or (iii) a series of continuous, repeated or related Wrongful Acts, shall be considered a single Claim for the purposes of this policy. Circumstances During the Policy Period, an Insured may become aware of circumstances which may reasonably be expected to give rise to a Claim. In such event, an Insured shall report the circumstances in writing to the Insurer. If in doing so, the Insured provides: (i) the reasons for anticipating the Claim, and (ii) full particulars as to dates, alleged acts and persons involved; then any Claim which is subsequently made against an Insured and reported in writing to the Insurer alleging,
arising out of, based upon or attributable to such circumstances, or alleging any Wrongful Act which is the same as or related to any Wrongful Act alleged or described in the previously notified circumstances, shall be considered first made against the Insured and reported to the Insurer
at the time the facts or circumstances were first reported, if accepted by the Insurer. Defence/Settlement The Insurer does not assume any duty to defend, and the Insured shall defend and contest any Claim made against them unless the Insurer, in its sole and absolute discretion, elects in writing to take over and conduct the defence and settlement of any Claim. If the Insurer does not so elect, it shall be entitled, but not required, to participate fully in such defence and the negotiation of any settlement that involves or
appears reasonably likely to involve the Insurer. In the event that the Insurer decides that representation by a duly qualified legal adviser is necessary (such decision to be at the sole discretion of the Insurer) then the Insurer shall appoint a duly qualified legal adviser to provide such legal representation. The Insurer has the right at any time after
notification of a Claim to make a payment to the Insured of the unpaid balance of the Limit of Liability, and upon making such payment, all obligations of the Insurer to the Insured under this policy, including, if any, those relating to defence, shall cease. Insurer’s Consent As a condition precedent to cover under this policy, no Insured shall admit or assume any liability, enter into any settlement agreement, consent to any judgment, or incur any Defence Costs without the prior written consent of the Insurer. Only those settlements, judgments and Defence
Costs consented to by the Insurer, and judgments resulting from Claims defended in accordance with this policy, shall be recoverable as Loss under this policy. The Insurer's consent
shall not be unreasonably withheld, provided that the Insurer shall be entitled to exercise all of its rights under the policy. Insured’s Consent The Insurer may make any settlement of any Claim it deems expedient with respect to any Insured, subject to such
Insured’s written consent. If any Insured withholds consent to such settlement, the Insurer's liability for all Loss on account of such Claim shall not exceed the amount for which the Insurer could have settled such Claim, plus Defence
Costs incurred as of the date such settlement was proposed in writing by the Insurer, less coinsurance (if any) and the applicable Retention.
Cooperation The Insured will at their own cost: (i) render all reasonable assistance to the Insurer and co-operate in the defence of any Claim and the assertion of indemnification and
contribution rights; (ii) use due diligence and do and concur in doing all things reasonably practicable to avoid or diminish any Loss under this policy; (iii) give such information and assistance to the Insurer as the Insurer may reasonably require to enable it to investigate any Loss or determine the Insurer’s liability under this policy.
Allocation In the event that any Claim involves both covered matters and matters not covered under this policy, a fair and proper allocation of any cost of defence, damages, judgments and/or settlements shall be made between each Insured and the Insurer taking into account the relative legal and financial exposures attributable to covered matters and matters not covered under this policy. Fraudulent Claims If any Insured shall give any notice or claim cover for any Loss under this policy knowing such notice or Claim to be false or fraudulent as regards amounts or otherwise, such Loss shall be excluded from cover under the policy, and the Insurer shall have the right, in its sole and absolute
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
discretion, to avoid its obligations under this policy or void this policy in its entirety, and in such case, all cover for Loss
under the policy shall be forfeited and all Premium deemed fully earned and non-refundable.
Purchase and Administration Policy Purchase In granting cover to the Insured, the Insurer has relied upon the material statements and particulars in the proposal together with its attachments and other information supplied. These statements, attachments and information are the basis of cover and shall be considered incorporated and constituting part of this policy. If the Insurer becomes
entitled to avoid this policy from inception or from the time of any variation in cover, the Insurer may at its discretion maintain this policy in full force but exclude the consequences of and any Claim relating to any matter which ought to have been disclosed before inception or any variation in cover. Administration The Policyholder has acted and shall act on behalf of each
and every Insured with respect to: (1) negotiating terms and conditions of, binding and amending cover; (2) exercising rights of Insureds; (3) notices; (4) Premiums; (5)endorsements; (6) dispute resolution; and (7) the receipt of all amounts payable by the Insurer under this policy.
Limit and Retention Limit of Liability The total amount payable by the Insurer under this policy for any one Claim during the Policy Period shall not exceed the Limit of Liability. All Sub-Limits of Liability and Extensions
are part of that amount and are not payable in addition to the
Limit of Liability. Defence Costs are payable in addition to the Limit of Liability. In the event that the amount paid by or on behalf of any Insured to dispose of a Claim exceeds this policy’s Limit of Liability for any one Claim, then this policy shall only cover the same proportion of Defence Costs as this policy’s Limit of Liability for any one Claim bears to the total amount paid to dispose of the Claim (exclusive of Defence Costs). The inclusion of more
than one Insured under this policy does not operate to increase the total amount payable by the Insurer under this policy. The Limit of Liability for the period provided in the Extended Reporting Period Extension is part of, and not in addition to, the Limit of Liability for the Policy Period.
Retention The Insurer shall only pay for the amount of any Loss which is in excess of the Retention. For the avoidance of doubt, the Retention does not apply to Defence Costs. The Retention is to be borne by the Insured and shall remain uninsured. A single Retention shall apply to Loss arising from all Claims alleging the same Wrongful Act. The
Insurer may, in its sole and absolute discretion, advance all or part of the Retention, and, in that event, such amounts
shall be reimbursed to the Insurer by the Insureds within 14 days of such advance. Other Insurance Unless otherwise required by law, cover under this policy is provided only as excess over any self-insurance or other valid and applicable insurance, unless such other insurance is written only as specific excess insurance over the Limit of Liability. If such other insurance is provided by the Insurer or any member company or affiliate of AIG, or American International Group, Inc. ("AIG"), then the maximum amount payable by AIG or AIG under all such policies shall not exceed the limit of liability of that policy referred to above which has the highest applicable limit of liability. Nothing contained herein shall be construed to increase the Limit of
Liability of this policy. To the extent that another insurance policy imposes upon an insurer a duty to defend a Claim, Defence Costs arising out of such Claim shall not be
covered under this policy.
General Provisions Assignment This policy and any rights under or in respect of it cannot be assigned without the prior written consent of the Insurer. Cancellation by Policyholder This policy may be cancelled by the Policyholder at any time only by mailing written prior notice to Insurer or by surrender of this policy to the Insurer or its authorised agent. In such cases, if no Claim has been made and no circumstance has been notified prior to such cancellation the Insurer shall retain the customary short rate proportion (unexpired portion of Premium less handling charges) of the Premium. Otherwise the Premium shall not be returnable and shall be deemed fully earned at cancellation. Cancellation by Insurer This policy may be cancelled by the Insurer delivering to the Policyholder by registered, certified, other first class mail or other reasonable delivery method, at the address of the Policyholder set forth in the Schedule, written notice stating when, not less than thirty (30) days thereafter (ten (10) days in the event of cancellation for non-payment of the Premium), the cancellation shall be effective. Proof of mailing or delivery of such notice shall be sufficient proof of notice and this policy shall be deemed cancelled as to all Insureds at the date and hour specified in such notice. In such case, the Insurer shall be entitled to a prorate proportion of the Premium. Payment or tender of any unearned Premium by the Insurer shall not be a condition precedent to the effectiveness of cancellation, but such payment shall be made as soon as practicable. Complaints Procedure AIG Europe Limited wants to give you the best possible service. If you feel you have cause for complaint, you should contact the Financial Lines Manager at AIG Europe Limited 30 North Wall Quay, International Financial Services Centre, Dublin 1, Phone (01) 208 1400.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
If after such contact you remain dissatisfied, you may also write to the Customer Complaints Officer at AIG Europe Limited, AIG House, Merrion Road, Dublin 4. Phone (01) 208 1400. If the complaint is not resolved to your satisfaction, you should contact the Managing Director, AIG Europe Limited, 30 North Wall Quay, International Financial Services Centre, Dublin 1. At any stage, you may contact any of the following: Insurance Ireland, First Floor, 5 Harbourmaster Place, IFSC, Dublin 1, Phone: 01 676 1914. Fax: 01 676 1943. The Central Bank of Ireland, P.O. Box 559, Dame Street, Dublin 2. Phone: 1890 777 777. Fax: 01 671 6561. The Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo Call: 1890 88 20 90. Phone: (01) 662 0899. Fax: (01) 662 0890. Contract Rights Nothing in this policy is intended to confer a directly enforceable benefit on any third party other than the Insured. Dispute Resolution and Governing law The parties shall use reasonable endeavours to resolve all disputes or differences concerning the interpretation of this policy, including relating to its construction, validity or operation, whether arising before or after termination of this policy, through negotiation and/or mediation. Failing the resolution of any such dispute the Courts of the Republic of Ireland shall have exclusive jurisdiction to determine the dispute in accordance with the laws of Republic of Ireland and in accordance with the English text as it appears in this policy. Nothing herein shall prevent the parties seeking the protection of the Court as necessary. Insolvency Administration, Insolvency, receivership or bankruptcy of any Insured shall not relieve the Insurer of any of its obligations hereunder. Plurals, Headings and Titles The descriptions in the headings and titles of this policy are solely for reference and convenience and do not lend any meaning to this contract. Words and expressions in the singular shall include the plural and vice versa. In this policy, words in bold typeface have special meaning and are defined. Words that are not specifically defined in this policy have the meaning normally attributed to them. Sanctions
The Insurer has no liability to make any payment and no other liability or other obligation under any provision or Extension of this policy in respect of: (1) any risk located in a territory the laws or regulations of
which prohibit the Insurer from providing, or which make it illegal for the Insurer to provide, insurance under this policy;
or (2) any Insured or any beneficiary under the policy who or
which is a citizen or instrumentality of the government of any country against which any laws or regulations governing this policy or the Insurer, its parent company or its ultimate controlling entity have established an embargo or other form of economic sanction which prohibit the Insurer from providing, or which make it illegal for the Insurer to provide, insurance coverage for, transacting business with or otherwise offering economic benefits to the Insured or any other beneficiary under the policy.
No benefit or payment will be made under this policy to any Insured or beneficiary who is declared unable to receive an economic benefit under the laws or regulations governing this policy or the Insurer, its parent company or its ultimate controlling entity. Scope Where legally permissible and subject to the U.S.A./Canada Exclusion, this policy shall apply to any Claim made against any Insured anywhere in the world. Subrogation If any payment is to be made under this policy in respect of a Claim, the Insurer shall be subrogated to all rights of recovery of the Insured whether or not payment has in fact
been made and whether or not the Insured has been fully compensated for its actual loss. The Insurer shall be entitled to pursue and enforce such rights in the name of the Insured, who shall provide the Insurer with all reasonable assistance and cooperation in doing so, including the execution of any necessary instruments and papers. The Insured shall do nothing to prejudice these rights. Any amount recovered in excess of the Insurer’s total payment shall be restored to the Insured less the cost to the Insurer of such recovery.
How we use Personal Information AIG Europe Limited is committed to protecting the privacy of customers, claimants and other business contacts. “Personal Information” identifies and relates to you or other individuals (e.g. your dependants). By providing Personal Information you give permission for its use as described below. If you provide Personal Information about another individual, you confirm that you are authorised to provide it for use as described below. Depending on our relationship with you, Personal Information collected may include: identification and contact information, payment card and bank account, credit reference and scoring
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
information, sensitive information about health or medical condition, driving pattern information obtained from telematic devices in customer vehicles (where customers have consented), and other Personal Information provided by you. Personal Information may be used for the following purposes:
• Insurance administration, e.g. communications, claims processing and payment
• Decision-making on provision of insurance cover and payment plan eligibility
• Assistance and advice on medical and travel matters
• Management and audit of our business operations
• Prevention, detection and investigation of crime, e.g.
fraud and money laundering
• Establishment and defence of legal rights
• Legal and regulatory compliance, including compliance
with laws outside your country of residence
• Monitoring and recording of telephone calls for quality, training and security purposes
• Marketing, market research and analysis
To opt-out of marketing communications contact us by e-mail at: [email protected] or by writing to: Customer Service Team, AIG Europe Limited, Ireland Branch, 30 North Wall Quay, International Financial Services Centre, Dublin 1. If you opt-out we may still send you other important communications, e.g. communications relating to administration of your insurance policy or claim. Sharing of Personal Information - For the above purposes Personal Information may be shared with our group companies, brokers and other distribution parties, insurers and reinsurers, credit reference agencies, healthcare professionals and other service providers. Personal Information will be shared with other third parties (including government authorities) if required by law. Personal information (including details of injuries) may be recorded on claims registers (i.e. Insurance Link, and Claims and Underwriting Exchange (CUE), and shared with other insurers. We may search these registers to detect and prevent fraud. Details on how Insurance Link operates can be found at http://info.insurancelink.ie and CUE at http://www.insurancedatabases.co.uk. Personal Information may be shared with prospective purchasers and purchasers, and transferred upon a sale of our company or transfer of business assets. International transfer - Due to the global nature of our business Personal Information may be transferred to parties located in other countries, including the United States and other countries with different data protection laws than in your country of residence. Security and retention of Personal Information –
Appropriate legal and security measures are used to protect Personal Information. Our service providers are also selected carefully and required to use appropriate protective measures. Personal information will be retained for the period necessary to fulfil the purposes described above.
Requests or questions - To request access or correct
inaccurate Personal Information, or to request the deletion or suppression of Personal Information, or object to its use, please e-mail: [email protected] or write to Data Protection Officer, AIG Europe Limited, Ireland Branch, 30 North Wall Quay, International Financial Services Centre, Dublin 1. More details about our use of Personal Information can be found in our full Privacy Policy at www.aig.com/ie or you may request a copy using the contact details above.
This insurance is underwritten by AIG Europe Limited. Registered in England and Wales. Company number: 01486260. Registered office: The AIG Building, 58 Fenchurch Street, London EC3M 4AB, United Kingdom. AIG Europe Limited, Ireland Branch has its registered branch office at 30 North Wall Quay, International Financial Services Centre, Dublin 1, Ireland. Branch registration number 906664. Tel: +353 1208 1400. AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 1: AIGDUBCATPI 1-2012 001 Extended Reporting Period Amended It is agreed that Extensions, Extended Reporting Period is deleted in its entirety and replaced with the following: Extended Reporting Period If either the Insurer or the Policyholder elects to cancel or does not renew this policy, other than for non-payment of Premium or
any other breach of the terms of this policy by an Insured, the Policyholder shall have the right to a period of 6 years following the effective date of such cancellation or non-renewal in which to give notice of any covered Claim first made against the Insured during such period in respect of any Wrongful Act occurring prior to the expiry of the Policy Period.
This extended reporting period shall not apply to any Claim covered under any renewal or replacement of this policy or any policy providing similar cover, or any Claim that would be covered, but for the exhaustion of the amount of insurance applicable to such Claim or that is within any applicable Retention. The Limit of Liability for the period provided in this extended reporting period is part of, and not in addition to, the Limit of Liability for the Policy Period. In the event of the Policyholder activating the extended reporting period the Premium is deemed to be fully earned. It is further agreed that noted and agreed that the General Provisions, Cancellation by Policyholder is deleted and replaced by
the following: Cancellation by Policyholder This policy may be cancelled by the Policyholder at any time only by mailing written prior notice to Insurer or by surrender of this policy to the Insurer or its authorised agent. In such cases, if no Claim has been made and no circumstance has been notified prior to such cancellation and the Policyholder does not elect to activate the extended reporting period the Insurer shall retain the customary short rate proportion (unexpired portion of Premium less handling charges) of the Premium. Otherwise the Premium
shall not be returnable and shall be deemed fully earned at cancellation. All other terms conditions and exclusions remain unchanged.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 2:
AIGDUBCATPI 1-2012 004
DEFENCE COSTS - DISCIPLINARY HEARING DEFENCE COSTS
The following Extension is added to the policy: Solely in respect of Claims arising in the performance of or failure to perform Professional Services, Insurers shall indemnify the Insured within the Limit of Indemnity against Defence Costs, subject to any Retention, where such costs have been incurred with Insurers’ prior written consent for any disciplinary proceedings brought against the Insured by the Health and Social Care Professionals Council at CORU or any equivalent regulatory body which has the power to remove the Insured’s name from the Register of health and social care professionals.
Cover provided under this extension is subject to a Sub-Limit of Liability of €500,000 which is part of, and not in addition to, the Limit of Liability for the Policy Period.
All other terms conditions and exclusions remain unchanged
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 3:
AIGDUBCATPI 1-2012 006
Pollution Extension – applying a specific aggregate limit/cost inclusive/excess applicable to Defence Costs
Exclusions, Pollution is deleted in its entirety from the policy.
Covers is amended by adding the following: The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for any Breach of Duty of the Insured arising out of the actual, alleged or threatened presence, discharge, dispersal, release, migration or escape of Pollutants other than
nuclear or radioactive material of any sort (a Pollution Claim). Solely for the purposes of cover provided by this endorsement: (1) Breach of Duty means any actual or alleged negligent breach of duty, act, error, omission, misstatement, misleading
statement or breach of confidentiality in the performance of Professional Services. (2) Limit and Retention, Limit of Liability is deleted in its entirety and replaced by the following:
The total amount payable by the Insurer under this policy in the aggregate during the Policy Period shall not exceed the Limit of Liability. Sub-limits of liability, Extensions and Defence Costs are part of that amount and are not payable in addition to the Limit of Liability. Notwithstanding the above, the aggregate limit of the Insurers liability for all Pollution Claims during the Policy Period shall not exceed the Limit of Liability applicable to Pollution Claims as specified in Item 3 of the schedule. The inclusion of more than one Insured under this policy does not serve to increase the total amount payable by the Insurer under this policy. The Limit of Liability is the total sum payable by the Insurer. Accordingly any sum paid by the Insurer under this policy shall erode the Limit of Liability. In no circumstances shall the lnsurer exceed the Limit of Liability.
(3) Limit and Retention, Retention is deleted in its entirety and replaced by the following
Retention The Insurer shall only pay for the amount of any Loss which is in excess of the Retention. For the avoidance of doubt, the
Retention applies to Defence Costs (except costs provided under the Court Attendance Extension). The Retention is amended to the amount specified in the schedule for all Pollution Claims. The Retention is to be borne by the Insured and shall remain uninsured. A single Retention shall apply to Loss arising from all Claims alleging the same Wrongful Act. The Insurer may, in its sole and absolute discretion, advance all or part of the Retention, and, in that event, such amounts shall be reimbursed to the Insurer by the Insured’s forthwith.
(4) Item 4. of the Schedule, Retention, is amended to include the following:
Retention (each and every Pollution Claim applicable to Defence Costs): €200
All other terms conditions and exclusions remain unchanged.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 4:
Public/Products Liability Extension
This Extension shall be read together with the policy and the schedule as one contract and any word or expression to which a specific meaning has been attached in any part of the Policy or of the Schedule shall bear such specific meaning wherever it may appear unless a more specific meaning is stated as attaching solely to this Extension.
Public Liability Extension
The Insurer will subject to the terms, exclusions, limits and conditions contained herein or endorsed hereon indemnify the Insured
against: 1 all sums which the Insured becomes legally liable to pay as damages in respect of
(i) accidental Bodily Injury to any Third Party (other than an Employee as within defined) (ii) accidental Property Damage to any Third Party Property occurring within the Territorial Limits during the Policy
Period and happening in connection with the Business 2 all costs and expenses
(i) recovered by any claimant against the Insured (ii) incurred with the written consent of the Insurer in respect of a Claim against the Insured for damages to which the indemnity expressed in this Extension applies. Such costs and expenses shall be included within the Limits of Liability stated in the Schedule.
The liability of the Insurer under this Extension for all damages payable to any claimant or any number of claimants in respect of or arising out of one Occurrence shall not exceed the amount specified in Item 3(b) Limit of Indemnity in the Schedule.
Products Liability Extension
The Insurer will subject to the terms, exclusions, limits and conditions contained herein or endorsed hereon indemnify the Insured against 1 all sums which the Insured becomes legally liable to pay as damages in respect of
(i) accidental Bodily Injury to any Third Party (other than an Employee as within defined)
(ii) accidental Property Damage to any Third Party Property occurring within the geographical limits of the Republic of Ireland, Northern Ireland and Great Britain during the Policy Period
and caused by Products sold or supplied by the Insured in connection with the Business 2 all costs and expenses
(i) recovered by any claimant against the Insured (ii) incurred with the written consent of the Insurer in respect of a claim against the Insured for damages to which the indemnity
expressed in this Extension applies. Such costs and expenses shall be included within the Limits of Liability stated in the Schedule. The liability of the Insurer under this Extension for all damages payable to any claimant or any number of claimants in respect of or arising out of one Occurrence and in the aggregate in any one Policy Period shall not exceed the amount specified as the Limit of Indemnity in the Schedule. For the avoidance of doubt, it is agreed that the total liability of the Insurer under the Public Liability Extension and Products Liability
Extension combined shall not exceed the amount specified in Item 3(b) Limit of Liability in the Schedule. Exceptions to the cover provided The Indemnities expressed in the Public/Products Liability extension shall not apply to liability 1 in respect of Bodily Injury sustained by any Employee of the Insured and arising out of and in the course of such person's
employment or service with the Insured 2 assumed by the Insured by way of any contract or agreement and which would not have attached in the absence of any such
contract or agreement 3 in respect of the costs of making good faulty or defective workmanship or defective materials or arising out of the consequences
of faulty or defective workmanship or defective materials other than the Insured’s legal liability as expressed in this Extension in respect of accidental Bodily Injury or Property Damage resulting from such faulty or defective workmanship or defective materials
4 of whatsoever nature directly or indirectly caused by or contributed to by or arising from (i) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of
nuclear fuel (ii) the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof (iii) Terrorism including but not limited to any contemporaneous or ensuing Bodily Injury or Property Damage caused by
fire, looting or theft. Terrorism shall also include any act which is verified or recognised as an act of Terrorism by the government of any territory or country in which this Policy operates or applies.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
(iv) or alleged to be caused by or contributed to in whole or in part by or arising out of the manufacture of, mining of, use of, sale of, installation of, survey or investigation of, management of, removal of, distribution of, existence of or exposure to asbestos products, asbestos fibres or asbestos dust, or property or materials containing any of the foregoing, including without limitation all liability to pay claimants’ or the Insured’s legal costs and expenses or any other costs and expenses, howsoever incurred in the investigation, defence and/or settlement of any claim against the Insured or in respect of any other inquest, inquiry, enforcement action, or proceedings in which the Insured may be involved in relation to any of the foregoing.
5 in respect of Property Damage to Property (i) belonging to the Insured (ii) held in trust by or in the charge or under the control of the Insured or any Employee of the Insured (iii) being that part of any Property on which the Insured or any Employee of the Insured is or has been working if that
Property Damage results directly from such work (iv) caused by vibration or by the removal or weakening of support to any land, property building or any liability arising in
consequence of such Property Damage 6 in respect of Bodily Injury to any person and/or Property Damage caused by or in connection with or arising from
(i) the ownership or possession or use by or on behalf of the Insured of any mechanically propelled vehicle and/or trailer or water or airborne vessel or craft or the loading or unloading thereof or the delivery or collection of goods in connection with such ownership or possession or use but this exception shall not operate in respect of liability for Bodily Injury or Property Damage occasioned beyond the limits of any carriageway or thoroughfare in connection with the bringing of a load to or the removal of a load from any vehicle and/or trailer owned by or under the control of the Insured
(ii) any passenger lift elevator or escalator owned by the Insured or for the maintenance of which the Insured is responsible (iii) remedial or professional or other advice or treatment given or administered or omitted by the Insured or by any
Employee of the Insured (iv) libel or slander or infringement of plans, copyright, patent, trade name, trade mark or registered design (v) arising out of or based upon or attributable to the actual alleged or threatened presence discharge dispersal release
migration or escape of Pollutants and/or any direction request or effort to (a) test for monitor clean up remove contain treat detoxify or neutralise Pollutants
(b) respond to or assess the effects of Pollutants (vi) the bursting of any pressure part of
(a) any steam boiler or any economiser (b) any vessel or apparatus (other than any steam turbine or engine or other steam driven machinery) intended to
operate under steam pressure belonging to or under the control of the Insured or any Employee of the Insured 7 arising in respect of replacing, reinstating, rectifying, repairing, recalling or guaranteeing the performance of any Products The following Definitions apply to this Extension in addition to those contained in the Policy:
1. Business shall mean the Professional Services as detailed in the Schedule or as endorsed hereon 2. Occurrence(s) shall mean an event including continuous or repeated exposure to substantially the same harmful conditions
which results in Bodily Injury or Property Damage 3. Products shall mean bandages, insoles or straps (after they have ceased to be in the possession or under the control of the
Insured) sold, supplied or distributed by the Insured in connection with the Business including any container thereof or instructions provided therewith
4. Property shall mean material or tangible property 5. Territorial Limits shall mean anywhere in or temporarily outside of the territories comprising of the Republic of Ireland,
Northern Ireland or Great Britain provided always that the Insurer shall not be liable in respect of any action for damages brought against the Insured in a court of law outside those territories comprising of the Republic of Ireland, Northern Ireland or Great Britain.
6. Terrorism shall mean the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organisation, government, power, authority or military force when the effect or the intended effect is to intimidate, coerce or harm a government, the civilian population or any segment thereof or to disrupt any segment of the economy.
Claims Procedures applicable to this Extension
1. The Insured shall give notice to the Insurer as soon as possible of any Occurrence likely to give rise to a claim with full particulars thereof. Every letter, claim, writ, summons and/or process shall be notified and forwarded to the Insurer immediately on receipt. Notice shall also be given to the Insurer immediately after the Insured shall have knowledge of any incident, prosecution or inquest in connection with any Occurrence for which there may be a liability under this
Extension.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
2. No admission, repudiation, offer, payment or indemnity shall be made or given by or on behalf of the Insured without the
written consent of the Insurer 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 for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim including the provision of appropriate medical rehabilitation services and the Insured shall give all such information and assistance as the Insurer may require.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 5: AIGDUBCATPI 1-2012 006 Volunteering It is agreed that the Insurer will pay on behalf of any Members of the Irish Society of Chartered Physiotherapists that are not otherwise included under this policy by virtue of a Certificate of Insurance issued by Glennon Insurance Brokers and Consultants, all Damages resulting from any Claim for Bodily Injury to any Third Party arising from
Volunteering. All other terms conditions and exclusions remain unchanged.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 6: Indemnity to Employer
AIGDUBCATPI 1 2012 014
The Insurer will provide an indemnity in respect of any Claim made against (i) any Insured, or (ii) the entity with which the Insured has a contract of employment with, or (iii) a principal, partner or director of the entity with which the Insured has a contract of employment with, solely in respect of a Wrongful Act committed by the Insured during the Policy Period for which the Insured would be entitled to indemnity under this policy. Notwithstanding the Defence/Settlement Condition of the policy the Insurer shall have sole control over the conduct of the defence and settlement of such Claim. Cover will not apply in respect of any Claim arising out of, based upon or attributable to any act, error, or omission committed by
(a) the entity with which the Insured has a contract of employment, or (b) a principal, partner or director of the entity with which the Insured has a contract of employment with,
It is condition that the the entity with which the Insured has a contract of employment with and/ or any other practitioners operating
within such entity or practice maintain evidence of a current professional liability insurance policy. All other terms and conditions remain unchanged.
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Professional Liability – Members of the Irish Society of Chartered Physiotherapists
AIG Europe Limited is authorised by the Prudential Regulation Authority of the United Kingdom, and is regulated by the Central Bank of Ireland for conduct of business rules. AIGDUBCATPI – Manuscripted for ISCP 6-2016
Endorsement 7: Statement of Fact IMPORTANT NOTICE: Your acceptance of the policy confirms your agreement that the Details contained in this Statement of Fact are accurate and complete to the best of your knowledge. The Details noted in this Statement of Fact forms the basis of any contract entered into with the Insurer.
Material Facts We would draw your attention to the serious consequences of failure to disclose all material information. Material information is that which would influence the Insurer's decision whether or not to accept the proposed insurance risk, and if so on what terms. Failure to disclose any such information may result in the policy being void from inception or claims not being paid or not being paid in full. If you are in any doubt as to whether or not any information is material, you should disclose it. Disclosure You agree that the information below is true and to the best of your knowledge complete. Details
1. That your are not aware of any injury to, or death, disease or illness of any patient, or any other circumstances which may give rise to a Claim against you or which has resulted in a Claim being made against you in the last five years .
2. That you have not had any proposal for Professional Liability Insurance made on behalf of your business declined, cancelled, refused renewal or had special terms imposed.
3. That neither you or any of your business partners or Directors ever been convicted of, or charged with, a criminal offence other than a motoring offence.
4. That you have never been fined or served imprisonment or been issued with a prohibition notice under statutory legislation. All other terms, exclusions and conditions of this policy remain unaltered