master tradesman insurance policy - april 2016 you for choosing covéa insurance. this is your...

coveainsurance.co.uk

Apr 2016Master Tradesman Policy

Thank you for choosing Covéa Insurance.

This is YourMaster Tradesman policy. It setsout the details of Your insurance contract withCovéa Insurance.

Your premium has been calculated upon theinformation shown in the policy Schedule andrecorded in Your Statement of Fact.

Please read the policy and Schedule carefullyto ensure that the cover meets Yourrequirements.

Please contact Your insurance broker if Youhave any questions or if You wish to make anyadjustments.

Helplines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Customer Information . . . . . . . . . . . . . . . . . . . . 3

Registration and Regulatory Information . . . . 3

How to Make a Complaint . . . . . . . . . . . . . . . . . . . 3

Financial Ombudsman Services . . . . . . . . . . . . . 3

Financial Services Compensation Scheme . . . .3

Choice of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

How to Cancel Your Policy . . . . . . . . . . . . . . . . . . . 4

How We Use Your Information . . . . . . . . . . . . . . 4

Employers’ Liability Tracing Office . . . . . . . . . . . 6

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

General Conditions . . . . . . . . . . . . . . . . . . . . . . . . 8

General Exclusions . . . . . . . . . . . . . . . . . . . . . . . 14

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Policy Cover

Public and Products Liability Section . . . . . . . . 20

Employers’ Liability Section . . . . . . . . . . . . . . . . 29

Tools Cover Section . . . . . . . . . . . . . . . . . . . . . . . . 33

Goods in Transit Section . . . . . . . . . . . . . . . . . . . 35

Contract Works Section . . . . . . . . . . . . . . . . . . . . 36

Own Plant Section . . . . . . . . . . . . . . . . . . . . . . . . . 41

Hired in Plant Section . . . . . . . . . . . . . . . . . . . . . . 43

Accidental Death Cover Section . . . . . . . . . . . . 46

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Contents

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Contact Numbers

Should You be unfortunate enough to have tomake a claim, Covéa Insurance CommercialCareline will manage all aspects of the claimfor You from the time it is reported.

• Dedicated telephone number –0330 024 2266

• Dedicated fax number – 0330 024 2623

• By E-mail –[email protected]

• In writing – Covéa Insurance CommercialCareline, Norman Place, Reading RG1 8DA

Covéa Insurance Commercial Careline is aservice available to customers 24 hours a day,365 days a year. Staff trained in managingcommercial claims will:

• Take details of Your claim over the phone, inmost cases removing the need forcompletion of an incident report form.

• Take control of the management of Yourclaim from start to finish and arrangereplacement of goods lost or stolen usingthe latest product information.

Our aim is to bring Your claim to a speedy andsatisfactory conclusion.

You should refer to General Conditions onpage 9 for full details of the claims procedureand requirements.

Business Legal HelplineAs a Covéa Insurance Policyholder should Yourequire advice or guidance on any businesslegal problem, Youmay use the 24 hourtelephone helpline at any time within thePeriod of Insurance of this policy.

This service is provided for Your benefit byCigna Insurance Services (Europe) Limited.

To take advantage of this service telephone0330 024 2624 and quote Your policy number.

Advice given to You will be confirmed in writingwhere necessary.

Commercial Careline0330 024 2266

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CustomerInformation

Registration and RegulatoryInformationInsurance cover is provided by Covea Insuranceplc. Registered in England and Wales No.613259. Registered office: Norman Place,Reading, Berkshire RG1 8DA.

Covea Insurance plc is authorised by thePrudential Regulation Authority and regulatedby the Financial Conduct Authority and thePrudential Regulation Authority. Our FirmReference Number is 202277. You can checkthis on the Financial Services Register by visitingthe FCA’s website www.fca.org.uk/register or bycontacting the FCA on 0800 111 6768.

How to Make a ComplaintIt is always Our intention to provide a first classstandard of service. However, We do appreciatethat occasionally things go wrong. In somecases the broker who arranged Your insurancewill be able to resolve any concerns, particularlyif Your complaint relates to the way the policywas sold and You should contact them directly.

Alternatively, please contact Us using thefollowing details, quoting Your policy or claimnumber:

Customer Relations, Covéa Insurance,Norman Place, Reading, Berkshire RG1 8DA.Telephone: 0330 221 0444Website: www.coveainsurance.co.ukEmail:[email protected]

Full details of the Covéa Insurance InternalComplaints Procedure are detailed in Ourleaflet ‘Complaints Procedure’ which isavailable on request or may bedownloaded from Our website atwww.coveainsurance.co.uk/complaints.

Youmay be eligible to refer Your complaint tothe Financial Ombudsman Service. There are afew instances where they will not be able toassist and they will confirm if Your complaint iseligible when You contact them. Their contactdetails are:

Financial Ombudsman ServiceExchange Tower, Harbour Exchange Square,London E14 9SRWebsite: www.financial-ombudsman.org.ukEmail: [email protected]

Financial Services CompensationSchemeWe are covered by the Financial ServicesCompensation Scheme. Youmay be entitled toreceive compensation from the scheme if Wecannot meet Our obligations.

Further information is available from theFinancial Services Compensation Scheme,10th Floor, Beaufort House, 15 St BotolphStreet, London EC3A 7QU www.fscs.org.uk.


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CustomerInformationcontinued

Choice of LawThe parties to an insurance contract are free tochoose the law that will apply. Unless We agreein writing with You otherwise, this insuranceshall be subject to the law applying in that partof the United Kingdom, Channel Islands or Isleof Man where You have Your principal place ofbusiness. If there is any dispute, the law ofEngland and Wales shall apply.

How to Cancel Your PolicyIf You do not want to accept the policy Youhave the right to cancel it within 14 days fromthe date of purchase of Your policy or the dayYou receive Your policy documentation,whichever is later. To do this Youmust returnthe policy documentation to Your broker whengiving Your instruction to cancel.

If cover has not yet started a full refund will begiven. If cover has started We will refund thepremium for the exact number of days left onthe policy, less an additional charge of £25 plusthe prevailing rate of Insurance Premium Tax asstated on Your policy Schedule. No refund willbe given if a claim has been submitted or therehave been any incidents likely to give rise to aclaim during the current Period of Insurance.We will also do this if You want to cancel thepolicy within 14 days after the renewal date.

Youmay cancel the policy at any other time bycontacting Your broker.

If You cancel Your policy after 14 days and aclaim has been submitted or there have beenany incidents likely to give rise to a claim duringthe current Period of Insurance, We will notrefund any part of the premium. If You have aLoan Agreement with Covéa Insurance, alloutstanding monies must be paid to Us asdescribed in Your Loan Agreement.

If no claims have been submitted and therehave been no incidents that are likely to giverise to a claim during the current Period ofInsurance, We will refund the premium for theexact number of days left on the policy less anadditional charge of £25 plus the prevailingrate of Insurance Premium Tax as stated onYour policy Schedule.

For Our rights to cancel Your policy please seethe Our Rights to Cancel the Policy Conditionon page 10 of this policy document.

How We Use Your Information The personal information, provided by You, iscollected by or on behalf of Covea Insuranceplc and may be used by Us, Our employees,agents and service providers acting under Ourinstruction for the purposes of insuranceadministration, underwriting, claims handlingand for research, or statistical purposes.

Wemay also share Your information withreinsurers and regulators, as required by law.

From time to time Wemay need to undertakesome of the processing of Your data in

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countries outside of the European EconomicArea, and in such cases We will ensure thatthere is an agreement in place which givesequivalent assurances as found in the DataProtection Act 1998.

We will not use Your information or pass it onto any other person for the purposes ofmarketing further products or services to You.

We will collect sensitive information whendealing with Your policy, We will however onlycollect information that is relevant to Yourpolicy, its administration or claims handling.

Your personal information will be kept secure atall times.

Fraud Prevention and Detection

In order to prevent or detect fraud We willcheck Your details with various fraudprevention agencies, who may record a search.Searches may also be made against otherinsurers’ databases. If fraud is suspected,information will be shared with those insurers.Other users of the fraud prevention agenciesmay use this information in their own decisionmaking processes. Wemay also conduct creditreference checks in certain circumstances. Youcan find out further details explaining how theinformation held by fraud prevention agenciesmay be used or in which circumstances Weconduct credit reference checks and how thesechecks might affect Your credit rating bycontacting Covea Insurance plc.

Disclosure of Other People’s PersonalInformation

You should show this notice to anyone whosepersonal information You provide to Us. Youmust ensure that any such information Yousupply relating to anyone else is accurate andthat You have obtained their consent to theuse of their data for the purposes set outabove.

Your Rights

Under the Data Protection Act 1998 You havethe right of access to the personal informationheld about You by Covea Insurance plc. Youcan exercise this right by contacting Us. We willmake a charge of £10 for dealing with theserequests.

You have the right to request that We correctany inaccuracies in the personal informationWe hold about You. Please contact Yourinsurance broker, or Covea Insurance plc, ifYour personal information needs updating.

Consent

By providing Us with information, You alsoprovide Us with Your consent and that of anyother person whose information You provide, tothe personal information being used for thepurposes set out above.

How to Contact Us

Please visitwww.coveainsurance.co.uk/dataprotection ifYou would like some more detailed informationon how We share Your personal information.



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If You have any concerns about Our use ofYour information please write to CustomerRelations, Covea Insurance plc, Norman Place,Reading, RG1 8DA. Telephone: 0330 221 0444.If You contact Covea Insurance plc bytelephone Your call may be recorded fortraining and evidential purposes.

Employers’ Liability Tracing Office Certain information relating to Your insurancepolicy including, without limitation, the policynumber(s), employer’s names and addresses(including subsidiaries and any relevantchanges of name), coverage dates, employer’sreference numbers provided by Her Majesty’sRevenue and Customs and Companies HouseReference Numbers (if relevant), will beprovided to the Employers’ Liability TracingOffice, (the “ELTO”) and added to an electronicdatabase, (the “Database”).

This information will be made available in aspecified and readily accessible form asrequired by the Employers’ Liability Insurance:Disclosure By Insurers Instrument 2010. Thisinformation will be subject to regular periodicupdating and certification and will be auditedon an annual basis.

The Database will assist individual consumerclaimants who have suffered an employmentrelated injury or disease arising out of theircourse of employment in the UK for employerscarrying on, or who carried on, business in theUK and who are covered by the employers’

liability insurance of their employers, (the“Claimants”):

• to identify which insurer (or insurers) was (orwere) providing employers’ liability coverduring the relevant periods of employment;and

• to identify the relevant employers’ liabilityinsurance policies.

The Database will be managed by the ELTO.

The Database and the data stored on it may beaccessed and used by the Claimants, theirappointed representatives, insurers withpotential liability for UK commercial linesemployers’ liability insurance cover and anyother persons or entities permitted by law.

By entering into this insurance policy You will be deemed to specifically consent to the use ofYour insurance policy data in this way and forthese purposes.

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Introduction

Each Section of this policy, the Schedule andany endorsements, together with thisIntroduction, Customer Information and theGeneral Definitions, General Conditions,Claims Conditions and General Exclusionsshall be read as one document.

Any word or expression given a specificmeaning in:

1. the Schedule, and policy endorsements, orthis Introduction, the CustomerInformation and the Definitions,Conditions and Exclusions shall have thesame meaning throughout the policyunless We state otherwise

2. an individual Section or any Sectionendorsements shall only have the samemeaning throughout such Section orendorsement unless We state otherwise.

Any such word or expression given a specificmeaning shall be highlighted with a leadingcapital letter and in bold text within the policywording.

In return for You having paid or agreed to paythe premium for the Period of Insurance, Wewill indemnify You, subject to the termscontained in or endorsed on the policy, inrespect of loss Damage or liability or pay otherbenefits which fall within the operative Sectionsof this policy, provided that the loss, Damageor injury which gives rise to the claim occurs (orin the case of the Employer's Liability Section iscaused) during the Period of Insurance and inconnection with the Business.

The Schedule shows the Sections of the policythat are operative.

IMPORTANT

This policy is a legal contract.

You have a duty to make a fair presentation ofthe risk which is covered by this policy.Therefore You should ensure that anyinformation You have provided to Us and thecontent of any application form, declarationand / or Statement of Fact is accurate andcomplete. Where You have provided Us withinformation which relates to matters of Yourexpectation or belief, it does not matter if suchinformation turns out to be inaccurate providedthat You acted in good faith when Youprovided Us with such information. If You donot comply with Your duty to make a fairpresentation of the risk, Your policy may not bevalid or the policy may not cover You fully or atall.

Youmust also tell Us about any facts orchanges which affect Your insurance and whichhave occurred either since the policy started orsince the last renewal date.

If You are not sure whether certain facts arerelevant please ask Your insurance broker. IfYou do not tell Us about relevant changes,Your policy may not be valid or the policy maynot cover You fully or at all.

You should keep a written record (includingcopies of letters) of any information You giveUs or Your insurance broker.

General Conditions

The following General Conditions shall applyto all Sections of this policy unless otherwisestated.

1. Alteration in the Number ofWorkersWemust be advised within 14 days if thenumber of workers exceeds the numberspecified in the Schedule and any additionalpremium paid unless such workers aretemporary Employees and You areindemnified as agreed in the TemporaryEmployees Clause of this policy.

2. Alteration in RiskYou or Your broker must tell Us immediately ifduring the Period of Insurance there is anyalteration in risk or to the facts which Youdisclosed when You took out this policy, whichmaterially affects the risk of injury, loss,Damage or liability which would fall within thepolicy cover. This includes but is not limited toalterations to the Business.

When You tell Us about an alteration in risk,Wemay apply additional terms and conditionsto this policy (including but not limited topremium) or, if the risk is unacceptable to Us,Wemay cancel the policy in accordance withGeneral Condition 10 (Our Rights to Cancel thePolicy).

If an alteration creates an additional premium,this will be subject to a minimum premium of£10 plus insurance premium tax. If an

alteration creates a lower premium, We willrefund any difference, except for the first £10or any difference which is less than £10 plusinsurance premium tax, which will be retainedto cover administrative costs.

If You fail to tell Us about an alteration in risk,Wemay:

(a) terminate the policy back to the date whenthe alteration occurred, if We would havecancelled the policy had You told Us of thealteration in risk;

(b) proportionately reduce the amountpayable in respect of a claim; and/or

(c) treat the policy as if it contained suchdifferent terms (other than relating to thepremium) that We would have applied tothe policy had You told Us of the alterationin risk.

Any reduction in claims payments orapplication of different terms will take effectfrom the date on which the alteration in riskoccurred.

Where We elect to proportionately reduce theamount payable in respect of a claim, We willpay a percentage of the claim, the percentagebeing calculated by comparing the premiumwhich You actually paid with the premiumwhich We would have charged had You told usabout the alteration in risk. For example, if thepremium which You actually paid is 70% of thepremium We would have charged, We will onlypay 70% of any claim.

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General Conditionscontinued

3. AverageIf at the time of any loss the total Sum Insuredspecified in the Schedule is less than 85% ofthe total value of the property insured We shallbear only that proportion of the loss which thetotal Sum Insured bears to the total of theproperty insured.

This Condition does not apply to the Public andProducts Liability Section or the Employers’Liability Section.

4. Change of Risk or InterestThis policy shall be avoided if:

(a) Your interest ceases other than by death

(b) the Business be wound up or carried on bya liquidator or receiver or permanentlydiscontinued at any time after thecommencement of this insurance unlessWe have accepted the change.

Nothing contained in this policy shall give anyright against Us to any person other than Youexcept to a transferee approved by Us.

5. Claims Procedure andRequirements

(a) It is a condition precedent to Our liabilitythat on the happening of any BodilyInjury or Damage You or Your legalpersonal representative shall at Your ownexpense

i. give immediate notice to Us

ii. take all reasonable precautions toprevent further Bodily Injury orDamage

iii. within 30 days submit full details ofthe incident

iv. supply all estimates information andassistance as may be required

v. send to Us any writ summons or otherlegal process issued or commencedagainst You

vi. notify Us immediately of anyimpending prosecution inquest or fatalaccident inquiry

(b) It is a condition precedent to Our liabilitythat You shall not negotiate admit orrepudiate any liability without Our writtenconsent

(c) We shall be entitled

i. to negotiate defend or settle in thename of and on Your behalf any claimmade against You as We deemappropriate

ii. to prosecute at Our own expense andfor Our own benefit any claim forindemnity damages or otherwise inYour name

iii. at any time to pay to You the Limit ofIndemnity (after deduction of anyamount or amounts already paid) orany lesser sum for which a claim orclaims can be settled and upon suchpayment shall be under no further



liability in respect of such claim orclaims except for Costs and Expensesincurred prior to the date of suchpayment

(d) It is a condition precedent to Our liabilitythat on the happening of any occurrenceof Damage caused by theft or attemptedtheft or malicious persons You shall giveimmediate notice to the Police.

6. Contract (Rights of ThirdParties) Act 1999

A person or company who was not a party tothis policy has no right under the Contracts(Rights of Third Parties) Act 1999 to enforceany term of this policy but this does not affectany right or remedy of a third party whichexists or is available apart from that Act.

7. Fraudulent ClaimsFor the purposes of this Condition the definitionof ‘You / Your’ will also include any person whois entitled to benefit from the policy to theextent that a claim is made by or on theirbehalf.

If You or anyone acting on Your behalf makesa claim which is in any way fraudulent We:

(a) will not pay the claim;

(b) may recover from You any sums alreadypaid by Us in respect of the claim; and

(c) may notify You that We are treating thispolicy as having terminated with effectfrom the time of the fraudulent act.

If We do treat this policy as having terminated,You will have no cover under this policy fromthe date of termination and will not be entitledto any refund of premium.

Where a fraudulent claim is made by or onbehalf of a person who is not the Policyholder,this condition applies only to that person'sclaim and references to 'this policy' should beread as if they were references to the cover forthat person alone and not to the policy as awhole.

Fraudulent claims include but are not limited to:

(a) making a claim which is fraudulent,fictitious or known to be false

(b) intentionally exaggerating or inflating aclaim

(c) supporting a claim with false or forgeddocuments, information or statements

(d) wilfully causing loss, Damage or injury

8. InstalmentsIf You have a Loan Agreement with CovéaInsurance to pay for Your insurance it is acondition precedent to Our liability thatpayments shall be made in line with the LoanAgreement otherwise all benefit under thepolicy shall be forfeited and the policy shall becancelled as outlined in Your Loan Agreement.

You shall surrender forthwith to Us anyeffective certificate(s) of insurance.

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9. Other InsurancesIf at the time a claim arises there be any otherinsurance effected by You or on Your behalfapplicable to such event Our liability shall belimited to its rateable proportion thereof.

If any other such insurance is subject to anyprovision whereby it is excluded from rankingconcurrently with this policy whether in wholeor in part or from contributing rateably thenOur liability hereunder shall be limited inrespect of such Damage to any excess beyondthe amount which would have been payableunder such other insurance had this policy notbeen effected.

10. Our Rights to Cancel the Policy We or any agent appointed by Us and actingwith Our authority have the right to cancelYour policy where there is a valid reason fordoing so. We will give You fourteen days noticeof cancellation in writing, by recorded delivery,to the latest address We have for You and willset out Our reason for cancellation in Ourletter.

Valid reasons may include but are not limitedto:

(a) not

(i) paying a premium when it is due

(ii) cooperating with Us, or sending Usinformation or documentation thatmaterially affects Our ability toprocess the policy or Our ability todefend Our interests

(iii) taking all reasonable precautions toprevent or minimise Damage accidentor injury as required by GeneralConditions – Reasonable Precautionsof this policy and failing to put thisright when We ask You to by sendingYou seven days written notice to Yourlatest address

(b) use of threatening or abusive behaviour orlanguage, or intimidation or bullying ofOur staff or suppliers.

If We cancel Your policy, We will refund thepremium for the exact number of days left onthe policy less an additional charge of £25 plusthe prevailing rate of Insurance Premium Tax asstated on Your policy Schedule.

If a claim has been submitted or there havebeen any incidents likely to give rise to a claimduring the current Period of Insurance, Wewill not refund any part of the premium.

If You have a Loan Agreement with Us to payfor Your insurance, outstanding monies may beowed when Your policy is cancelled. They mustbe paid to Us as described in Your LoanAgreement.

For Your rights to cancel the policy please see“How to Cancel Your Policy” on page 4 of thispolicy document.




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11. Fair Presentation of the RiskYoumust make a fair presentation of the riskwhen You first take out this policy and alsowhenever You renew it or ask Us to changeYour cover.

If You fail to make a fair presentation of the riskincluding failing to disclose or misrepresentinga material fact, or disclosing material facts toUs in a way which is not clear and accessible:.

Wemay avoid this policy and refuse all claimswhere:

(a) such failure was deliberate or reckless; or

(b) We would not have entered into this policyon any terms had Youmade a fairpresentation of the risk.

Should We avoid this policy We:

(a) Shall treat the policy as if it had not existedfrom the start date, the renewal date, orthe date when You asked Us to changeYour cover, depending on when the failureto make a fair presentation of the riskoccurred

(b) shall return the premium paid for theperiod for which the policy is treated as nothaving existed unless the failure to make afair presentation of the risk was deliberateor reckless

(c) may deduct from any return of premiumdue to You any monies already paid inrespect of claims falling within the period

for which the policy is treated as not havingexisted or require You to repay such claims.

Provided that any failure to make a fairpresentation of the risk is not deliberate orreckless, if We would have entered into orrenewed this policy, or agreed to makechanges to Your cover on different terms hadYoumade a fair presentation of the risk, Wemay:

(a) proportionately reduce the amountpayable in respect of a claim; and/or

(b) treat the policy as if it contained suchdifferent terms (other than relating to thepremium) that We would have applied tothe policy had Youmade a fairpresentation of the risk.

Any reduction in claims payments orapplication of different terms will take effectfrom the date on which the policy started, wasrenewed or when changes were made to Yourcover, depending on when You failed to make afair presentation of the risk.

Where We elect to proportionately reduce theamount payable in respect of a claim, We willpay a percentage of the claim, the percentagebeing calculated by comparing the premiumwhich You actually paid with the premiumwhich We would have charged had Youmadea fair presentation of the risk. For example, ifthe premium which You actually paid is 70% ofthe premium We would have charged, We willonly pay 70% of any claim.


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Where this policy provides benefits toindividuals who would, if they had taken outsimilar insurance in their own name, have doneso for purposes wholly or mainly unconnectedwith their trade, business or profession, We willnot rely on this condition if the failure to makea fair presentation of the risk concerns onlyfacts or information which relate to thatparticular individual, unless the individual (orYou on their behalf) makes a carelessmisrepresentation , in which case Wemay relyon this condition as against that particularindividual as if a separate insurance contracthad been issued to them leaving the remainderof the policy unaffected.

12. Reasonable PrecautionsYoumust :

(a) take all reasonable precautions to preventor minimise Damage accident or injury

(b) maintain in good condition all Plant Toolsand equipment and shall comply with allstatutory and local authority requirementsincluding relevant Building RegulationsCodes of Practices and Standards.

(c) exercise care in the selection of Employees

(d) remedy as soon as possible any defect ordanger that becomes apparent.

13. Terms Not Relevant to ActualLossIf payment of a claim is conditional uponcompliance with any term of this policy We willnot pay for any claim where the term has notbeen complied with except where the termconcerned:

(a) is operative only in connection withparticular premises or locations;

(b) is operative only at particular times; or

(c) is intended to reduce the risk of particulartypes of injury, loss, Damage or liability

where We will pay for claims in respect of whichYou can prove that non-compliance with theterm could not have increased the risk of theinjury, loss, Damage or liability which occurred.

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General Exclusions

The following General Exclusions apply to allSections unless otherwise stated and inaddition to the Exclusions contained in eachSection.

We shall not be liable for:

1. War, Government Action andTerrorism

(a) Damage to any property whatsoever orany loss or expense whatsoever resulting orarising therefrom or any indirect lossdirectly or indirectly caused by orcontributed to by or arising from:

(i) War Government Action or Terrorism

(ii) civil commotion in Northern Ireland

(b) legal liability of whatsoever nature or anycosts and expenses whatsoever directly orindirectly caused by or contributed to by orarising from War Government Action orTerrorism except to the extent stated in theLiability Provisions.

For the purpose of this Exclusion and its LiabilityProvisions:

War shall mean war, invasion, acts of foreignenemies, hostilities or warlike operations(whether war be declared or not), civil war,mutiny, civil commotion assuming theproportions of or amounting to popular rising,military rising, insurrection, rebellion, revolution,or military or usurped power.

Government Action shall mean martial law,confiscation, nationalisation, requisition ordestruction of property by or under the order ofany government or public or local authority orany action taken in controlling, preventing,suppressing or in any way relating to war.

Terrorism shall mean acts of persons acting onbehalf of, or in connection with, anyorganisation which carries out activitiesdirected towards the overthrowing orinfluencing, by force or violence, of HerMajesty’s government in the United Kingdomor any other government de jure de facto.

In any action suit or other proceedings whereWe allege that by reason of this exclusion as faras it relates to Terrorism any Damage orresulting loss or expense or indirect loss is notcovered by this insurance the burden of provingthat such Damage loss expense or indirect lossis covered shall be upon You.

Liability Provisions

Subject otherwise to the terms definitionsexclusions provisions and conditions of thisPolicy We will indemnify You under theEmployers’ Liability Section provided that inrespect of any one occurrence or series ofoccurrences arising out of any one originalcause Our liability in respect of all legal liabilitycosts and expenses directly or indirectly causedby or contributed to by or arising from Terrorismshall not exceed £5,000,000.

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General Exclusionscontinued

2. Sonic BangsDamage caused by pressure waves caused byaircraft or other aerial devices travelling at sonicor supersonic speeds.

3. Radioactive ContaminationDamage to any property whatsoever or anyloss or expense whatsoever resulting or arisingtherefrom or any indirect loss or any legalliability of whatsoever nature directly orindirectly caused by or contributed to by orarising from:

(a) ionising radiations or contamination byradioactivity from any nuclear fuel or fromany nuclear waste from the combustion ofnuclear fuel

(b) the radioactive toxic explosive or otherhazardous properties of any explosivenuclear assembly or nuclear componentthereof.

As far as concerns Bodily Injury caused to anyEmployee of Yours if such Bodily Injury arisesout of and in the course of employment orengagement of such person by You thisexclusion shall apply only in respect of:

(i) the liability of any Principal

(ii) liability assumed by You under agreementand which would not have attached in theabsence of such agreement.

4. Date RecognitionDamage accident or liability directly orindirectly caused by or consisting of or arising

from the failure of any computer dataprocessing equipment or media microchipintegrated circuit or similar device or otherequipment or system for processing storing orreceiving data or any computer softwarewhether Your property or not:

(a) correctly to recognise any date as its truecalendar date

(b) to capture save or retain and/or correctly tomanipulate, interpret or process any dataor information or command or instructionas a result of treating any date otherwisethan as its true calendar date

(c) to capture save retain or correctly processany data as a result of the operation of anycommand which has been programmed intoany computer software being a commandwhich causes the loss of data or the inabilityto capture save retain or to correctlyprocess such data on or after any date.

5. Electronic Data ExclusionDamage distortion erasure corruption oralteration of Electronic Data from any causewhatsoever (including but not limited toComputer Virus) or loss of use reduction infunctionality cost expense of whatsoevernature resulting therefrom regardless of anyother cause or event contributing concurrentlyor in any other sequence to the loss.

For the purposes of this exclusion the followingdefinitions apply:


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“Electronic Data” shall mean facts conceptsand information converted to a form useablefor communications interpretation orprocessing by electronic and electromechanicaldata processing or electronically controlledequipment and includes programmes softwareand other coded instructions for the processingand manipulation of data or the direction andmanipulation of such equipment.

“Computer Virus” shall mean a set ofcorrupting harmful or otherwise unauthorisedinstructions or code including a set ofmaliciously introduced unauthorisedinstructions or code programmatic or otherwisethat propagate themselves through a computersystem or network of whatsoever nature. Itshall include but not be limited to ‘trojanhorses’ ‘worms’ and ‘time or logic bombs’.

Electronic Data Processing Media Valuation

Should electronic data processing media insuredby this policy suffer Damage insured by thispolicy then the basis of valuation shall be thecost of the blank media plus the costs of copyingElectronic Data from back-up or from originalsof a previous generation. These costs will notinclude research and engineering nor any costsof recreating gathering or assembling suchElectronic Data. If the media is not repairedreplaced or restored the basis of valuation shallbe the cost of the blank media. However, thispolicy does not insure any amount pertainingto the value of Electronic Data to You or anyother party even if such Electronic Datacannot be recreated gathered or assembled.

General Exclusionscontinued

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Certain words in the policy have specificmeanings. These meanings are defined belowand are printed in bold type. The words carrythe same meaning whenever they appear inthe policy, unless varied by a definition in aparticular Section, and are printed in bold tohelp You identify them.

Bodily InjuryBodily injury including death, illness, disease,mental injury, mental anguish or nervous shockbut not defamation.

BusinessThe business as described in the Schedule shallinclude:

1. the ownership, repair, maintenance anddecoration of Your business premises

2. private work undertaken by any Employeewith Your prior consent for any directorpartner or other Employee of Yours

3. the provision and management of canteen,sports, social and welfare organisations forthe benefit of Employees

4. Your fire, security, first aid, medical andambulance services

5. Your participation in exhibitions.

Certificate of CompletionThe certificate issued by the architect orengineer confirming substantial completion ofthe Contract Works.

Company/We/Us/OurCovea Insurance plc.

Contract PriceFor any one contract the amount of theestimated cost of the Contract Works atinception including the value of Free IssueMaterials up to but not exceeding the amountstated in the Schedule as the Sum Insured inrespect of the Contract Works Section.

Contract SiteThe situation of the Contract Works withinthe Territorial Limits and any areaimmediately adjacent occupied by You directlyand solely for the performance of the ContractWorks.

Contract WorksThe temporary or permanent works executed orin course of execution by or on behalf of You inthe performance of any contract includingmaterials supplied by the reason of the contractfor use in connection therewith whilst on oradjacent to the Contract Site or in transit byroad rail or inland waterway within theTerritorial Limits to the extent You areresponsible under contract.

Costs and Expenses 1. Claimants’ legal costs for which You are

legally liable

2. All costs and expenses incurred with Ourwritten consent in defending any claim

Definitions Commercial Careline0330 024 2266

Definitions continued

18

3. The solicitor’s fees incurred with Ourwritten consent for representation atproceedings in any court of summaryjurisdiction in respect of any alleged actcausing or relating to any occurrence whichmay be the subject of indemnity underthese Sections or at any coroner’s inquestor fatal accident inquiry.

DamagePhysical loss destruction or damage.

EmployeeAny person while working under Your directcontrol in connection with the Business who is:

1. under a contract of service orapprenticeship with You

2. a person under a contract of service orapprenticeship with some other employerand who is hired to or borrowed by You

3. a labour master or person supplied by him

4. a person engaged by a labour onlysub-contractor

5. a self-employed person performing workunder a similar degree of control anddirection by You as a person under acontract of service or apprenticeship withYou

6. a driver or operator of hired-in plant

7. a trainee or person undergoing workexperience

8. a voluntary helper.

Free Issue MaterialsMaterials for incorporation into the ContractWorks

1. issued free to You by or on behalf of Youremployer or Principal

and

2. for which You are responsible under theconditions of the contract

the value of which will not be included in thefinal valuation of the Contract Works carriedout or the final Contract Price and which arenot otherwise excluded.

Goods in TransitYour Business equipment (excluding Tools)stock and materials in trade and goods in trustfor which You are responsible.

Insured PersonAny Principal partner director or Employeeworking in the Business and included in theinsurance provided by the Public and ProductsLiability Section.

Maintenance PeriodThe period designated in any contract enteredinto by You during which You are responsible

19

Definitions continued

for rectifying defects originating during theperformance of the works provided that suchperiod does not exceed 24 months.

Pollution or Contamination1. all pollution or contamination of buildings

or other structures or of water or land orthe atmosphere and

2. all Bodily Injury or Damage directly orindirectly caused by such pollution orcontamination.

Period of InsuranceThe period beginning with the effective dateand ending with the expiry date shown in theSchedule and any other period for which Weaccept payment for renewal of this policy.

PlantPlant equipment site huts or caravans otherthan Tools for use in connection with theBusiness.

Practical CompletionCompletion other than decoration and/or theinstallation of fixtures and fittings unless suchwork is being undertaken concurrently with theremainder of the Contract Works.

PrincipalAny person company local authority or otherbody with whom You have entered into acontract or agreement for the performance ofwork in connection with the Business.

Products Supplied

Any goods (including their containerspackaging labelling and instructions for use)manufactured sold supplied hired out repairedrenovated serviced altered erected installed ortreated by You or on Your behalf in connectionwith the Business and no longer in Your chargeor control.

ScheduleThe document that specifies Your details andany Excesses Endorsements and Conditionsthat are applicable. The Schedule shows theSections of the policy that are operative.

Territorial LimitsGreat Britain, Northern Ireland, the Isle of Manand the Channel Islands.

Tool(s)Hand tools and hand held portable power toolsthe property of or hired in by an InsuredPerson for use in connection with the Business.

You/Your/PolicyholderThe person persons or Limited or Public LimitedCompanies named in the Schedule.


20

CoverWe will indemnify You against

1. legal liability to pay compensation

and

2. Costs and Expenses

in respect of:

(a) accidental Bodily Injury to any person

(b) accidental Damage to Property

(c) accidental nuisance or trespass obstructionloss of amenities or interference with anyright of way light air or water

(d) wrongful arrest detention imprisonment oreviction of any person maliciousprosecution or invasion of the right ofprivacy

which arises in connection with the Businessand which happens during the Period ofInsurance and within the Territorial Limits.

Limit of Liability

Our liability to pay compensation in respect ofany one claim or series of claims against Youarising out of one original cause shall notexceed the Limit of Liability stated in theSchedule.

ClausesThe following Clauses apply to this Section:

Additional Directors Partners or Employees

Notwithstanding the total number of personsor Employees stated in the Schedule thispolicy is extended to include additionalpartners directors or Employees provided thatthe total number of manual partners directorsand Employees does not exceed 10.

If You fail to notify Us within 14 days of theengagement of any such additional personother than in respect of temporary EmployeesWe shall not be liable for the first £500 of eachand every claim in addition to any other excessprovided for in this Section.

Additional Persons Insured

We will subject to the terms of this Sectionindemnify:

(a) in the event of the death of any personentitled to indemnity under this Section thedeceased’s legal personal representativesbut only in respect of liability incurred bysuch deceased person

(b) at Your request:

(i) any of Your directors Your partners orEmployees in respect of liabilityarising in connection with theBusiness provided that You wouldhave been entitled to indemnity underthis Section if the claim had beenmade against You

(ii) any officer committee or member ofYour canteen sports social or welfareorganisations fire security first aid

Policy CoverPublic and Products Liability Section

medical or ambulance services in theirrespective capacities as such

(iii) any of Your directors or senior officialsin respect of private work undertakenby any Employee for that director orsenior official.

Provided that:

1. such persons are not entitled to indemnityunder any other policy covering suchliability

2. each person will as though they were Youobserve fulfil and be subject to the terms ofthis policy insofar as they can apply

3. We will retain sole conduct and control ofany claim or

4. where We are required to indemnify morethan one party Our total liability will notexceed the Limit of Liability.

Bona-fide Subcontractors

We will indemnify You in respect of workcarried out by bona-fide subcontractors workingfor You or on Your behalf.

It is a condition precedent to liability under thisClause that

(a) where any work is undertaken for You or onYour behalf by any bona-fidesubcontractor Youmust prior to theirappointment ensure that each bona-fidesubcontractor holds current and valid PublicLiability insurance appropriate to the workbeing carried out with a Limit of Indemnitywhich is no less than the Public Liabilitylimit of this policy

(b) in the event of a claim under this ClauseYou shall provide documentary evidence ofthe Public Liability insurance held by thebona-fide subcontractors at the time oftheir appointment to work for You

(c) annual payments to bona-fidesubcontractors shall not exceed £50,000per annum or 25% of Your annual turnoverwhichever is greater unless agreed to thecontrary by Us.

Contractual liability

We will indemnify You in respect of liabilityassumed by You under any contract oragreement for work in connection with theBusiness other than

(a) for liquidated damages or fines or penalties

(b) any agreement to obtain indemnity underthis Section for or on behalf of anyoneother than You except as provided for inthe Additional Persons Insured Clause or asotherwise agreed by Us and endorsed ontothe policy

(c) in respect of property the subject of Clause6.5.1 of the Joint Contracts TribunalStandard Form of Building Contract 2005Edition (or any subsequent amendment orreplacement Clause) in the terms of whichYou are required to effect insurance

(d) liability imposed on You solely by reason ofthe terms of any contract conditions oragreement in connection with any ProductSupplied

Policy CoverPublic and Products Liability Sectioncontinued

21


22

(e) for Damage to property forming thesubject of a contract of agreement for worktherein or thereon including any Costs andExpenses incurred in connection therewithwhen liability attaches to You solely byreason of the terms of the contract oragreement.

Corporate Manslaughter and CorporateHomicide Act 2007

We will indemnify You in respect of:

(a) legal fees and expenses incurred with Ourprior written consent for defendingprosecutions, including appeals againstconvictions

(b) costs of prosecution awarded against You

which arise from criminal proceedings for anyoffence as defined in Section 1 of the CorporateManslaughter and Corporate Homicide Act 2007.

The total amount payable under this Clause inrespect of all claims occurring during any onePeriod of Insurance is limited to £1,000,000.

We will not indemnify You under this Clause inrespect of:

1. any prosecutions unless they relate to thedeath of any person other than anEmployee occurring within the TerritorialLimits during the Period of Insurancehappening in connection with the Business

2. (a) the payment of fines or penalties

(b) any remedial or publicity orders or anysteps required to be taken by such orders

3. defence costs and expenses and costs ofprosecution awarded against You for whichYou are entitled to indemnity under anyother policy or would have been entitled toan indemnity but for the existence of thispolicy

4. any proceedings resulting from anydeliberate act or omission by You.

Court Attendance Costs

We will compensate You if at Our request Youor any director, partner or Employee isattending court as a witness in connection witha claim for which You are entitled to indemnity.

The maximum We will pay for:

(a) You, each director or partner is £500 per day

(b) each Employee is £250 per day.

Cross Liability

Where the Policyholder comprises more thanone party We will treat each party as if aseparate policy had been issued to eachprovided that nothing in this Clause willincrease Our liability beyond the amount forwhich We would have been liable had thisClause not applied.

Defective Premises Act 1972

We will indemnify You in respect of legalliability incurred by You under Section 3 of theDefective Premises Act 1972 or Section 5 of theDefective Premises (Northern Ireland) Order1975 in connection with any business premisesor land which has been disposed of by You.


23


Provided that this indemnity shall not apply to:

(a) the cost of rectifying any Damage ordefect in premise or land disposed of

(b) liability for which You are entitled toindemnity under another insurance policy.

Health and Safety at Work etc Act 1974

We will indemnify You against legal costs andexpenses incurred with Our written consent fordefending prosecutions for a breach of theHealth and Safety at Work etc. Act 1974 orsimilar legislation in Northern Ireland theChannel Islands or the Isle of Man committedor alleged to have been committed in thecourse of the Business during the Period ofInsurance.

We will also pay prosecution costs awardedand the costs incurred with Our written consentin appealing against any judgement given.Provided that this indemnity shall not apply tothe payment of fines or penalties.

Indemnity to Principals

We will at Your request indemnify anyPrincipal to the extent required by the contractbetween You and the Principal in respect ofliability arising from the performance of workby You for such Principal.

Provided that:

(a) We shall retain sole conduct and control ofany claim

(b) the Principal shall observe fulfil and besubject to the terms conditions exclusionsand limits of this Section insofar as theycan apply.

Motor Contingent Liability

Notwithstanding Exclusion 3 of this Section Wewill indemnify You against legal liability arisingout of the use of any motor vehicle notbelonging to or provided by You and beingused in the course of the Business anywhere inTerritorial Limits.

Provided that this indemnity will not apply

(a) in respect of Damage to the vehicle or toproperty conveyed therein

(b) while such vehicle is being driven by

(i) You

(ii) any person who to Your knowledgeor that of Your representatives doesnot hold a licence to drive the vehicleunless such a person has held and isnot disqualified from holding orobtaining such a licence

(c) to liability for which You are entitled toindemnity under another insurance policy.

Temporary Employees

We will indemnify You in respect of temporaryEmployees. Cover is provided under this Clauseto a maximum of 50 man-days worked in anyone Period of Insurance.


24


(d) angle grinders

(e) or any other work that requires, uses orproduces open flames or any other sourcesof heat or sparks that could igniteflammable or combustible materials

the following precautions will be complied withby You and any Employee or any of Your SubContractors:

1. a thorough examination of the immediatevicinity of the work shall be completed andall combustible materials must be clearedto a distance of not less than 10 metresfrom the point of work so as to be safefrom the danger of ignition by direct orconducted heat

2. where there is a danger of ignition eitherdirectly, or by conduction of heat throughany partitions or walls, the area on theother side must be examined and anycombustible material must be removed

3. combustible floors and other combustibleproperty which cannot be moved must becovered and fully protected by overlappingsheets of non-combustible material orequivalent protection

4. at least one fire extinguisher made andserviced in accordance with currentEuropean standards, of a type suitable forthe use required, must be kept adjacent tothe work or task and ready for immediate use

5. the ignition and operation of all equipmentshall be strictly in accordance with themanufacturer’s instructions

This Clause does not remove the need todeclare changes in Employee numbers asrequired by General Condition 1 of this policy.

Work Overseas

The indemnity provided shall extend to apply:

(a) within any member country of theEuropean Union outside the TerritorialLimits where any person is temporarilyengaged in connection with the Businessof the Policyholder

(b) elsewhere in the world where any person istemporarily engaged in non-manual workin connection with the Business of thePolicyholder.

ConditionsThe following conditions apply to this Sectionin addition to the General Conditions at thefront of this policy.

Application of Heat and Fire Precautions

This condition does not override anyEndorsement on the policy excluding the use orapplication of heat.

It is a condition precedent to Our liability thatwhenever work is undertaken away from Yourpremises involving the use of:

(a) electric oxy-acetylene welding or flamecutting equipment

(b) blow lamps, blow torches or hot air guns

(c) tar, bitumen or asphalt heaters

25

6. no lighted or switched on equipment is tobe left unattended and hot tools and hottips not in use are to be placed inincombustible containers

7. for one hour after completion of eachperiod of work involving the application ofheat a thorough safety check for signs offire or combustion around, above or belowthe work area must be made at regularintervals

8. whenever tar, bitumen, asphalt or pitchheaters are in use away from Yourpremises they should be located at groundlevel and in the open air and any tar,bitumen, asphalt or pitch should be carriedin a suitable vessel.

Flammable Solvents

It is a condition precedent to Our liability thatwhenever solvents or glues with a flashpointbelow 23 degrees Centigrade are used theadditional precautions specified below will becomplied with by You and/or any Employeeand/or any of Your Sub Contractors wheneverwork is undertaken away from Your ownpremises

(a) smoking by Your Employees or SubContractors must not take place

(b) no appliance for the application or supplyof heat is to be used

(c) prior to commencement of work the site ofwork is to be checked by You and all nakedflames in pilot lights and appliancesextinguished

(d) adequate ventilation must be maintainedwhere You or Your Employees or SubContractors are working.

Damage to property under the ground

It is a condition precedent to Our liability thatwhenever digging or excavation work isundertaken the following precautions will becomplied with by You and any Employee orany of Your Sub Contractors:

(a) ensure all reasonable measures are takento identify the location of all pipes cablesand other underground services before anywork is commenced which may involve arisk of Damage to such undergroundservices

(b) keep a written record of the measurestaken to locate such underground services

(c) ensure the adoption of a method of workwhich minimises the risk of Damage tosuch underground services.

ExclusionsThe following exclusions apply to this Section,in addition to the General Exclusions at thefront of this policy.

We will not indemnify You in respect of liabilityarising from:

1. Bodily Injury to any Employee arising outof and in the course of the employment orengagement of such persons by You



26

2. Damage to property owned by hired to orin the custody or control of You or anyInsured Person other than:

(a) personal effects including motorvehicles and their contents belongingto any director partner Employeeguest or visitor of Yours

(b) premises temporarily occupied by Youfor the purposes of undertaking work inconnection with the Business

(c) premises (including its fixtures andfittings) leased hired or rented to Youprovided that We will not be liable inrespect of liability assumed by Youunder a tenancy or other agreementwhich would not have attached in theabsence of such agreement.

3. Bodily Injury or Damage arising fromYour ownership possession use or controlor on Your behalf of

(a) any locomotive aircraft watercraft(other than hand propelled craft of lessthan 20 feet in length) or hovercraft

(b) any mechanically propelled vehicle ortrailer attached thereto other than

(i) any vehicle not licensed for roaduse

(ii) any vehicle while being used as atool of trade

(iii) the loading or unloading of anyvehicle

provided that You are not entitled toindemnity from any other source andthat this policy shall not apply toliability for which compulsory insuranceor other security is required by anyroad traffic legislation.

4. Bodily Injury or Damage arising from

(a) any Product Supplied outside theTerritorial Limits

(b) the failure or partial failure of any firesecurity or warning device to fulfil itsintended function.

5. Bodily Injury or Damage arising from orcontributed to by any design planspecification or advice provided

(a) for work not undertaken by You or

(b) by any Architect Quantity Surveyor orConsulting Engineer or

(c) by any person other than You.

6. the cost of recalling removing repairingreplacing reinstating or in any other waymaking good or providing compensation inplace of

(a) any Product Supplied if such liabilityarises from any defect therein or theharmful nature or unsuitability thereof

(b) defective work.


27

7. Pollution or Contamination other thancaused by a sudden identifiableunintended and unexpected incident whichtakes place in its entirety at a specific timeand place during the Period of Insuranceand Our liability for all compensationpayable in respect of all Pollution orContamination which is deemed to haveoccurred during any one Period ofInsurance shall not in aggregate exceedthe amount shown as the Limit ofIndemnity in the Schedule.

8. (a) exposure to

(b) inhalation of

(c) fears of the consequences of exposureto or inhalation of

(d) the costs incurred by anyone inrepairing removing replacing recallingrectifying reinstating or managing(including those of any persons underany statutory duty to manage) anyproperty arising out of the presence of

asbestos including any products containingasbestos.

9. the giving of or application of any hair orbeauty treatment.

10. the first amount of each and every claim inrespect of Damage to:

(a) underground pipes cables or services . . . . . . . . . . . . . . . . . . . . . . . . £500

(b) property caused by or arising from the use of welding or heatcutting equipment blow lamps or blow torches hot air guns or any other work involving the useor application of heat. . . . . . . . . . . £500

(c) property other than as provided for in (a) and (b) above . . . . . . . . . £100

11. liability arising in connection with any visitsto or work on any offshore rig or platform.A visit to or work on any offshore rig orplatform shall be deemed to commence atthe time of embarkation onto aconveyance at the point of final departureto such rig or platform and continue untilthe time of disembarkation from aconveyance onto land on return from anoffshore rig or platform.

12. Bodily Injury or Damage caused by or inconnection with any work on or in:

(a) docks wharves piers harbours orrailways

(b) watercraft or offshore gas or oilinstallations

(c) chemical or petrochemical works oil orgas refineries or storage facilities

(d) aircraft airports aerodromes or airfields

(e) power stations

(f) nuclear power stations

(g) any installation where nuclearprocessing is undertaken



28


(h) towers steeples chimney or well shaftsblast furnaces viaducts bridges flyoversdams tunnels motorways quarriesmines or collieries.

(This Section is not operative unless specificreference is made to it in the current policySchedule)

CoverWe will indemnify You against

1. legal liability to pay compensation

and

2. Costs and Expenses

in respect of Bodily Injury caused during thePeriod of Insurance to any Employee arisingout of and in the course of employment orengagement of such person by You inconnection with the Business within theTerritorial Limits.

Limit of Liability

Our liability to pay compensation and Costsand Expenses in respect of any one claim orseries of claims against You arising out of oneoriginal cause shall not exceed the Limit ofLiability stated in the Schedule.

ClausesThe following Clauses apply to this Section:

Additional Persons Insured

We will subject to the terms of this Sectionindemnify:

(a) in the event of the death of any personentitled to indemnity under this Section thedeceased’s legal personal representativesbut only in respect of liability incurred bysuch deceased person

(b) at Your request:

(i) any of Your directors Your partners orEmployees in respect of liability arisingin connection with the Businessprovided that You would have beenentitled to indemnity under this Sectionif the claim had been made againstYou

(ii) any officer committee or member ofYour canteen sports social or welfareorganisations fire security first aidmedical or ambulance services in theirrespective capacities as such

(iii)any of Your directors or senior officialsin respect of private work undertaken byany Employee for that director orsenior official.

Provided that:

1. such persons are not entitled to indemnityunder any other policy covering suchliability

2. each person will as though they were Youobserve fulfil and be subject to the terms ofthis policy insofar as they can apply

3. We will retain sole conduct and control ofany claim or

4. where We are required to indemnify morethan one party Our total liability will notexceed the Limit of Liability.

Policy Cover Employers’ Liability Section

29


30

Corporate Manslaughter and CorporateHomicide Act 2007

We will indemnify You in respect of:

(a) legal fees and expenses incurred with Ourprior written consent for defendingprosecutions, including appeals againstconvictions

(b) costs of prosecution awarded against You

which arise from criminal proceedings for anyoffence as defined in Section 1 of theCorporate Manslaughter and CorporateHomicide Act 2007.

The total amount payable under this Clause inrespect of all claims occurring during any onePeriod of Insurance is limited to £1,000,000.

We will not indemnify You under this Clause inrespect of:

1. any prosecutions unless they relate to deathcaused to any Employee occurring withinthe Territorial Limits during the Period ofInsurance happening in connection withthe Business

2. (a) the payment of fines or penalties

(b) any remedial or publicity orders or anysteps required to be taken by suchorders

3. defence costs and expenses and costs ofprosecution awarded against You for whichYou are entitled to indemnity under anyother policy or would have been entitled toan indemnity but for the existence of thispolicy

4. any proceedings resulting from anydeliberate act or omission by You.

Court Attendance Costs

We will compensate You if at Our request Youor any director, partner or Employee areattending court as a witness in connection with aclaim for which You are entitled to indemnity.

The maximum We will pay for:

(a) You, each director or partner is £500 perday

(b) each Employee is £250 per day.

Cross Liability

Where the Policyholder comprises more thanone party We will treat each party as if aseparate policy had been issued to eachprovided that nothing in this Clause willincrease Our liability beyond the amount forwhich We would have been liable had thisClause not applied.

Health and Safety at Work etc Act 1974

We will indemnify You against legal costs andexpenses incurred with Our written consent fordefending prosecutions for a breach of theHealth and Safety at Work etc. Act 1974 orsimilar legislation in Northern Ireland theChannel Islands or the Isle of Man committedor alleged to have been committed in thecourse of the Business during the Period ofInsurance.

Policy Cover Employers’ Liability Sectioncontinued

31


We will also pay prosecution costs awardedand the costs incurred with Our written consentin appealing against any judgement given.Provided that this indemnity shall not apply tothe payment of fines or penalties.

Indemnity to Principals


Provided that:



Temporary Employees

We will indemnify You in respect of temporaryEmployees. Cover is provided under this Clauseto a maximum of 50 man-days worked in anyone Period of Insurance.

This Clause does not remove the need todeclare changes in Employees as required byGeneral Condition 1 of this policy.

Work Overseas

The indemnity provided shall extend to apply:

(a) within any member country of theEuropean Union outside the Territorial Limits

where any person is temporarily engaged inconnection with the Business of thePolicyholder

(b) elsewhere in the world where any person istemporarily engaged in non-manual work inconnection with the Business of thePolicyholder.

ConditionsThe following conditions apply to this Section inaddition to the General Conditions at the frontof the policy.

Certificate of Employers' Liability

If this policy or Section is cancelled anyCertificate of Employers’ Liability insuranceprovided by Us is similarly cancelled from thesame date.

Our Right of Recovery

The indemnity provided by this Section isdeemed to be in accordance with theprovisions of any law relating to compulsoryinsurance of liability to Employees in theTerritorial Limits but You shall repay to Us allsums We would not have been liable to pay butfor the provisions of such law.


We shall not be liable under this Section inrespect of Bodily Injury


32


1. caused to any Employee (other than thedriver) being carried in or upon a vehicle orentering or getting on to or alighting froma vehicle where such Bodily Injury iscaused by or arises out of the use by You ofa vehicle on a road.

For the purposes of this exclusion theexpression “vehicle”, “use” and “road” shallhave the same meaning as in Part VI of theRoad Traffic Act 1988.

2. arising in connection with any visits to orwork on any offshore rig or platform. A visitto or work on any offshore rig or platformshall be deemed to commence at the timeof embarkation onto a conveyance at thepoint of final departure to such rig orplatform and continue until the time ofdisembarkation from a conveyance ontoland on return from an offshore rig orplatform.

3. liquidated damages fines or penalties

4. punitive exemplary or aggravateddamages or any additional damagesresulting from the multiplication ofcompensatory damages.


CoverWe will indemnify the Insured Person inrespect of Damage to Tools occurring duringthe Period of Insurance and within theTerritorial Limits provided that suchindemnity shall be by payment or at Ouroption by reinstatement or repair.

Our liability in respect of the amount payableto any one Insured Person shall not exceed:

1. the Sum Insured stated in the Schedule

2. £500 in respect of any one Tool or 20% ofthe Sum Insured stated in the Schedule,whichever is greater.


We shall not be liable under this Section inrespect of:

1. indirect loss of any kind

2. Damage to Tools due or attributable to

(a) wear tear rust corrosion mildew or othergradual deterioration or vermin orinsect

(b) any process of cleaning repair orrestoration

(c) its own mechanical electrical orelectronic breakdown failure orderangement

3. Damage which is not traceable to anidentifiable occurrence or which is causedby deception

4. Damage to Tools caused by theft orattempted theft if it is left unattendedunless it is contained in a securely lockedmotor vehicle trailer or room or box andthere is evidence of forcible and violententry to or exit from the motor vehicletrailer or room or box

5. Damage to Tools

(a) occurring while lent to or being used byanyone other than an Insured Personor an Employee

(b) while hired out

6. Damage to ladders generatorstransformers or any other equipment orTool not designed to be applied directly tothe work by hand

7. Damage to portable computers andancillary equipment and/or portabletelecommunication equipment

Policy CoverTools Cover Section

33


34

8. the first amount of each and every claim forDamage

(a) caused by theft or attemptedtheft from any unattendedmotor vehicle or trailer notcontained in a securelylocked building or guardedsecurity park . . . . . . . . . . . . . . . . . . . . £250

(b) from any cause other than(a) above . . . . . . . . . . . . . . . . . . . . . . . £60.

Policy CoverTools Cover Sectioncontinued


CoverWe will indemnify You in respect of Damageto goods pertaining to the Business whilst in oron or being loaded into or onto or unloadedfrom any motor vehicle within the TerritorialLimits and owned by or operated by You orunder Your direct control.

Our liability shall not exceed £500 in respect ofany one occurrence.



1. Damage caused by deterioration or anyinadequate packing or insulation

2. Damage caused by theft or attemptedtheft

3. Damage due to delay or any other indirectloss.

Policy CoverGoods in Transit Section

35


36


CoverWe will indemnify You in respect of Damageto the Contract Works occurring during thePeriod of Insurance provided that

1. Our liability shall not exceed the maximumContract Price stated as the Sum Insuredin the Schedule. The Sum Insured by thissection is subject to Average

2. such indemnity shall be by payment or atOur option by reinstatement or repair.

ClausesThe following clauses apply to this Section:

Automatic Reinstatement of Sum Insured

In consideration of the Sum Insured not beingreduced by the amount of any Damage Youshall pay the additional premium required byUs in respect of such amount provided thatOur liability in respect of any one occurrence ofDamage shall not by virtue of this Clauseexceed the Sum Insured stated in theSchedule.

Debris Removal and Professional Fees

We will indemnify You in respect of costs andexpenses necessarily incurred by You with Ourconsent for

(a) (i) removing debris

(ii) dismantling and/ or demolishing

(iii) shoring up propping and fencing off

(iv) clearing and/or repairing drains andservice mains on site

(b) professional fees in connection with thereinstatement or repair of the ContractWorks following Damage but not forpreparing any claim.

Free Issue Materials

The Contract Works will include any FreeIssue Materials provided You include theirvalue in the Contract Price.

Increase in Contract Price

In the event of any increase in the ContractPrice during the Period of Insurance the SumInsured stated in the Schedule shall bedeemed to be increased in like proportion up tobut not exceeding 20% of the Sum Insured.

Indemnity to Principal


Provided that:



Policy Cover Contract Works Section

Local Authorities

We will indemnify You in respect of theadditional cost of reinstatement of theContract Works as may be incurred solely byreason of the necessity to comply with any Actof Parliament or Bye-Laws of any Municipal orLocal Authority provided that

1. the amount recoverable under this Clauseshall not include

(a) costs incurred in complying with any ofthe said Regulations or Bye-Laws

(i) which can be recovered elsewhere

(ii) under which notice had beenserved upon You prior to thehappening of the Damage

(b) the amount of any rate tax dutydevelopment or other charge orassessment arising out of capitalappreciation which may be payable inrespect of the property or by the ownerthereof by reasons of compliance withany of the said Regulations or Bye-Laws

2. the work of reinstatement shall becommenced and carried out within twelvemonths of Damage.

Maintenance Period Indemnity

Notwithstanding Exclusion 2(f)(i) We willindemnify You in respect of Damage to anypart of the Contract Works occurring duringthe Maintenance Period relating to that part

and for which in the terms of the contract Youare responsible

(a) arising from a cause occurring prior to suchMaintenance Period

or

(b) caused by You in the course of workundertaken to comply with any terms of thecontract relating to such MaintenancePeriod.

Off Site Storage

We will indemnify You in respect of materialsallocated to any contract whilst temporarilystored anywhere within the Territorial Limitsprovided You are responsible for them.

Overtime and Other Costs

In respect of any Damage for which You areentitled to indemnity under this policy We willindemnify You in respect of the reasonableadditional costs of overtime shift workingbonus payments plant hire charges expressdelivery and similar expenses necessarilyincurred by You with Our consent to expeditethe reinstatement or repair of the ContractWorks.

Provided that

(a) such additional costs shall not in any waycontribute to completion of any part of theContract Works sooner than that partwould have been completed had suchDamage not occurred

Policy Cover Contract Works Sectioncontinued

37


38

(b) Our liability in respect of such additionalcosts shall not exceed 10% of the ContractPrice.

Plans and Specifications

The Sum Insured stated in the Schedule isdeemed to include plans specifications andother documents in respect of which Ourliability shall be limited to the replacement ofsuch plans specifications and documentsessential for completion of the contract andshall not exceed their value as stationerytogether with the cost of labour in writing upredrawing or reproducing such plansspecifications and documents excluding thevalue of or cost of retrieving informationcontained therein.

Prospective Purchasers TemporaryAccommodation

In respect of private houses bungalows flats ormaisonettes built by YouWe will at Yourrequest pay the prospective purchasersreasonable costs of other comparabletemporary accommodation in the event of theproperty suffering Damage as insured by thisSection which occurs between exchange ofcontracts and completion and which preventsthe purchaser from moving into the property onthe completion date provided that

(a) Ourmaximum liability under this Clauseshall not exceed 10% of the purchase priceof the property or £10,000 whichever is thelesser

(b) the property is not insured elsewhere

(c) the purchaser observes the terms andconditions of this policy.

Show Properties

We will indemnify You in respect of Damageto show properties including their contents.

The maximum We will pay in respect of thecontents of any one show property is £10,000.

Speculative Building

We will indemnify You in respect of Damageto private dwellings You have erected on aspeculative basis but Cover shall cease from

(a) the date such property is sold let or leased

(b) three months after the date of PracticalCompletion

whichever is the earlier.

Where the property comprises several unitswithin one block then part 1 of this Clause shallapply to each individual unit but Cover inrespect of the whole block shall not exceed 3months from the date of Practical Completionif parts of it are still unsold unlet or unleased.

Sub Contractors Waiver of Subrogation

In respect of any contract awarded under theJCT Standard form of Building Contract andinsured under this Section the followingalterations to this Section shall apply but only inrespect of the Contract Works.

Policy CoverContract Works Sectioncontinued

In respect of Damage to the Contract Worksby any of the specified perils defined in thecontract it is agreed that so far as is required bythe said contract We will not pursue any rightsof subrogation against subcontractors directlyengaged by You provided that thesubcontractor shall as if they were You observefulfil and be subject to the terms exclusions andconditions of this policy.



1. (a) the first £250 of each and every claimfor Damage not caused by theftattempted theft or malicious damage

(b) the first £500 of each and every claimfor Damage caused by theft attemptedtheft or malicious damage

2. Damage to

(a) deeds bonds bills of exchangepromissory notes cash bank notescheques securities for money or stamps

(b) any aircraft watercraft hovercraft orany other vessel or craft intended tofloat in or on or travel through water airor space

(c) any part or the Contract Works whilein transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other securityis required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade

(e) any pre-existing structure building orother property at the Contract Site orany contents therein

(f) any part of the Contract Works

(i) in respect of which a Certificate ofCompletion has been issuedunless such Damage beoccasioned within 14 days of thedate of issue of a Certificate ofCompletion but only to the extentYou are responsible under theconditions of the contract

(ii) which has been handed over to thePrincipal

(iii) which is in occupation or use by orin possession of the Principal orwith Your permission any otherperson for any purpose other thanthe performance of the contract

(iv) which arises after PracticalCompletion where no Certificateof Completion is to be issued.


39


40

3. Damage to any part of the ContractWorks due to or attributable to

(a) any wear and tear rust corrosionmildew or other gradual deteriorationof or vermin or insect

(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion thereof

(c) any defect in the materials orworkmanship

(d) any faulty or defective design plan orspecification of or advice relating tothat part

4. Damage for which You are not responsibleunder the terms of the contract

5. any shortage or disappearance discoveredonly on the making of an inventory orperiodic stocktaking and not traceable toan identifiable occurrence

6. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kind

7. theft from any unattended motor vehicleor trailer unless it is contained in a securelylocked building and there is evidence offorcible and violent entry to or exit fromthe building

8. Damage arising from

(a) the making of sewers or otherexcavations exceeding in any part adepth of 3 metres from the surface

(b) any work connected with tunnelsreservoirs dams viaducts bridges ormines

(c) any work in under or over water

9. Damage to the Contract Works uponwhich work has been suspended for aperiod in excess of 30 days

10. Damage to portable computers andancillary equipment and/or portabletelecommunications equipment

11. Damage caused by Pollution orContamination other than that to theContract Works.


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Cover We will indemnify You in respect of Damageto Plant owned by You whilst at the ContractSite in transit or at Your premises provided that

1. Our liability shall not exceed the SumInsured as stated in the Schedule or£25,000 in respect of any one item. TheSum Insured is subject to average

2. Such indemnity shall be by payment or atOur option by reinstatement or repair.

ClausesThe following clauses apply to this Section:


In consideration of the Sum Insured not beingreduced by the amount of any Damage Youshall pay the additional premium required byUs in respect of such amount provided thatOur liability in respect of Damage shall not byvirtue of this Clause exceed the Sum Insuredstated in the Schedule.

Plant Retrieval Costs

We will indemnify You in respect of costsnecessarily incurred in the retrieval ofmechanically propelled construction plant andequipment insured from the Contract Sitewhen such plant or equipment is accidentallyand physically rendered inoperative andincapable of movement (other than by

mechanical electrical or electronic breakdownfailure or derangement) without externalassistance.



1. (a) the first £250 of Damage not causedby theft attempted theft or maliciousdamage

(b) the first £500 of Damage caused bytheft attempted theft or maliciousdamage

2. Damage to


(b) any aircraft watercraft hovercraft or anyother vessel or craft intended to float inor on or travel through water air or space

(c) Plant while in transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other securityis required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade.

Policy CoverOwn Plant Section


3. Damage to any part of the Plant due to orattributable to


(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion


5. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kind

6. confiscation nationalisation requisition orDamage to property by or under the Orderof any Government or Public or LocalAuthority

7. Damage to portable computers andancillary equipment and/or portabletelecommunications equipment

8. theft or attempted theft between the hoursof 7.00pm and 6.00am unless kept in asecurely locked compound or building andthere is evidence of forcible and violententry to or exit from the compound orbuilding

9. Damage caused by theft or attemptedtheft away from any Contract Site unlessit is:

(a) kept in a securely locked compound orbuilding and there is evidence offorcible and violent entry to or exit fromthe compound or building

(b) in transit but excluding

(i) theft from any unattended motorvehicle unless the vehicle is lockedat all points of access

(ii) theft or attempted theft betweenthe hours of 7.00pm and 6.00amunless kept in a securely lockedcompound or building and there isevidence of forcible and violententry to or exit from the compoundor building.

Policy CoverOwn Plant Sectioncontinued

42


Cover We will indemnify You in respect of Damageto Plant hired in by You whilst at the ContractSite in transit or at Your premises provided that

1. Our liability shall not exceed the SumInsured as stated in the Schedule

2. Such indemnity shall be by payment or atOur option by reinstatement or repair.

Clauses

The following clauses apply to this Section:


In consideration of the Sum Insured not beingreduced by the amount of any loss or DamageYou shall pay the additional premium requiredby Us in respect of such amount provided thatOur liability in respect of Damage shall not byvirtue of this Clause exceed the Sum Insuredstated in the Schedule.

Continuing Hire Charges

We will indemnify You in respect of legalliability to pay continuing hire chargesfollowing Damage to construction plant toolsequipment and temporary buildings hired in byYou.

Provided that

(a) this Clause shall not apply in respect ofhired in Plant for which a valid claim hasnot otherwise been admitted under thispolicy

(b) in respect of Damage We shall not beliable under this Clause for the hire chargesthat are payable during the first 48 hoursthat each item of plant is out ofcommission

(c) the terms of any hiring agreement are nomore onerous than the Model Conditionsfor the Hiring of plant of The Contractors’Plant Association

(d) Our liability under this Clause shall notexceed an amount equal to 13 weeks hirecharges or 50% of the total Sum Insured ofthe Section whichever is the less in respectof any one occurrence or series ofoccurrences arising out of one event.

Plant Retrieval Costs

We will indemnify You in respect of costsnecessarily incurred in the retrieval ofmechanically propelled construction plant andequipment insured from the Contract Sitewhen such plant or equipment is accidentallyand physically rendered inoperative andincapable of movement (other than bymechanical electrical or electronic breakdownfailure or derangement) without externalassistance.

Policy CoverHired in Plant Section

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44



1. (a) the first £250 of Damage not causedby theft attempted theft or maliciousdamage

(b) the first £500 of Damage caused bytheft attempted theft or maliciousdamage

2. Damage to


(b) any aircraft watercraft hovercraft orany other vessel or craft intended tofloat in or on or travel through water airor space

(c) Plant while in transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other securityis required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade

3. Damage to any part of the Plant due to orattributable to


(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion thereof


5. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kindother than as defined in the ContinuingHire Charges Clause

6. confiscation nationalisation requisition orDamage to property by or under the Orderof any Government or Public or LocalAuthority

7. Damage to portable computers andancillary equipment and portabletelecommunications equipment

8. theft or attempted theft between the hoursof 7.00pm and 6.00am unless kept in asecurely locked compound or building andthere is evidence of forcible and violententry to or exit from the compound orbuilding

Policy CoverHired in Plant Sectioncontinued

9. Damage caused by theft or attemptedtheft away from any Contract Site unlessit is:

(a) kept in a securely locked compound orbuilding and there is evidence offorcible and violent entry to or exit fromthe compound or building

(b) in transit but excluding

(i) theft from any unattended motorvehicle unless the vehicle is lockedat all points of access

(ii) theft or attempted theft betweenthe hours of 7.00pm and 6.00amunless kept in a securely lockedcompound or building and there isevidence of forcible and violententry to or exit from the compoundor building.

Policy CoverHired in Plant Sectioncontinued

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46

CoverWe will indemnify any Insured Person foraccidental death caused by a sudden,unexpected event during the Period ofInsurance following an accident within theTerritorial Limits.

The maximum accumulation limit for any oneevent shall be £10,000.

ConditionsThe following conditions apply to this Section inaddition to the General Conditions at the frontof this policy.

1. the Insured Person has not attained 70years of age, and

2. the Insured Person is normally residentwithin the Territorial Limits, and

3. this Section excludes all claims arising fromphysical or mental conditions or disabilitiesof a recurring or chronic nature from whichthe Insured Person(s) suffered, and wasknown to suffer, prior to inception of thispolicy

4. all medical records, notes andcorrespondence referring to the subject ofa claim or a related pre-existing conditionshall be made available on request to anymedical advisor appointed by Us or on Ourbehalf and that such medical advisors shall,for the purpose of reviewing the claim, beallowed as often as may be deemednecessary to make examination of theInsured Person

5. if a physical disability or condition of theInsured Person which existed before theinsured event occurred, the amount of anycompensation payable under this Sectionin respect of the consequences of theinsured event shall be the amount which isreasonably considered and would havebeen payable if such consequences hadnot been so aggravated.


We shall not be liable under this Section inrespect of death directly or indirectly arising outof or consequent upon or contributed by:

1. the Insured Person committing orattempting to commit suicide orintentionally inflicting self-injury, whilesane or insane

2. war, invasion, act of foreign enemy,hostilities (whether war to be declared ornot), civil war, rebellion, revolution, terroristactivity, insurrection or usurped power(except where We need to provide cover tomeet the minimum insurance required bythe relevant law).

3. the actual or threatened malicious use ofpathogenic or poisonous biological orchemical materials

Policy CoverAccidental Death Cover Section

47

4. nuclear reaction, nuclear radiation orradioactive contamination

5. venereal disease or Acquired ImmuneDeficiency Syndrome (AIDS), AIDS RelatedComplex (ARC) or Human Immuno-deficiency Virus (HIV) howsoever thesehave been acquired or may be named

6. deliberate exposure to exceptional danger(except in an attempt to save human life)or the Insured Person’s own criminal actor being under the influence of alcohol ordrugs

7. the Insured Person being intoxicated byalcohol or drugs

8. neuroses, psychoneuroses, psychopathiesor psychoses, anxiety, stress, fatigue ormental or emotional diseases or disordersof any type.

9. the Insured Person'smotor-cycling,hunting, mountaineering, racing (otherthan on foot), playing football, rugby, ice-hockey or polo, skiing, tobogganing,parachuting, hang-gliding or pot-holing

10. the Insured Person's flying (except as apassenger and not as a member of thecrew, for the purpose of engaging in anytrade or technical operation therein in anyproperly certificated or licensed power-driven aircraft)

Policy CoverAccidental Death Cover Sectioncontinued


Covea Insurance plcRegistered Office: Norman Place, Reading, Berkshire RG1 8DARegistered in England and Wales No. 613259Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority No. 202277

P204B 04/16

Covéa Insurance Norman PlaceReadingRG1 8DATelephone: 0330 221 0444Fax: 0118 955 2211

www.coveainsurance.co.uk

master tradesman insurance policy - april 2016 you for choosing covéa insurance. this is your...

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