public liability insurance for start ups · public liability insurance for start ups | 3 applicable...

Public LiabilityInsurance for Start UpsPolicy Wording

ContentsInsuring Clause 2

Policy Definitions 2

Policy Conditions 3

Policy Exclusions 6

The Cover Provided

Section 1 Public Liability 9

Additional Benefits 15

How to Make a Claim 16

How to Contact Allianz 17

How Allianz Handles Complaints 17

Data Protection 18

Important

This document provides details of your policyand the terms and conditions that apply. Pleaseread it carefully and keep it in a safe place.

Thank you for choosing Barclays BusinessInsurance, brought to you by AllianzInsurance plc. Barclays Business Insurance is arranged, administered andunderwritten by Allianz Insurance plc.

Barclays works with Allianz – one of the largest general insurers inthe UK – to ensure you receive the highest levels of product andservice excellence. Their technical experts understand in detail howto protect you against the risks that businesses face.

You’re in safe hands if you need to make a claim. Allianz'sprofessionally trained staff are ready to deal with any issuespromptly and fairly.

If you need further information or if you have any questions aboutyour policy, call us on 08442 096 096.

Public Liability Insurance for Start Ups | 1

Your Public Liability Insurance for Start Ups Policy is madeup of several parts which must be read together as theyform your contract of insurance with the Insurer. Pleasetake time to read all parts of the Policy to make sure theymeet and continue to meet your needs and that youunderstand the terms, exclusions and conditions. If youwish to change anything or if there is anything you do notunderstand, please let Allianz know – adjustments areeasily made and Allianz will be pleased to help.

The parts of the Policy are:

• the Statement of Fact

• this Introduction; the Insuring Clause; the PolicyDefinitions; the Policy Exclusions and the PolicyConditions, all of which apply to all Sections of the Policy

• the Sections of cover provided, including the Section Definitions, Extensions, Conditions andExclusions

• the Schedule, which confirms the Sections of cover thatare insured and which includes any additional clausesapplied to the Policy

Any word or expression in the Policy which has a specific meaning under the Policy or Section Definitionshas the same meaning wherever it appears in the Policy.

Changes to your circumstancesPlease tell us as soon as reasonably possible if there areany changes to your circumstances which could affectyour insurance.

Please refer to Policy Condition 14 on page 5 of this Policy.

If your circumstances change and you do not tell us, youmay find that you are not covered if you need to claim.

Financial Services CompensationSchemeThe insurance underwriter Allianz contributes to theFinancial Services Compensation Scheme (FSCS).

You may be entitled to compensation from the FSCS if weare unable to meet our liabilities. Further informationabout compensation scheme arrangements is available atwww.fscs.org.uk, by emailing [email protected] or byphoning the FSCS on 0800 678 1100 or 0207 741 4100.

What to do if you are not satisfiedAllianz always aims to provide a first-class service.However, if you are dissatisfied in any way and you wish tomake a complaint, please follow the procedure on page 17of this Policy.

Introduction

Business

Business description stated in the Schedule

Damage/Damaged

Loss or destruction of or damage

Excess

First part of each and every claim, for which the Insured isresponsible, specified in the Schedule

Insured

Insured named and shown in the Schedule

Insurer

Allianz Insurance plc

Period of Insurance

Period from the effective date to the end date as shown inthe Schedule

Policy

Document as described in the Introduction

Premises

Address as stated in the Schedule

Schedule

Part of this Policy that details information forming thebasis of this contract and that shows the Sections of thisPolicy operative

Section/Sections

Parts of this Policy that detail the insurance cover providedby this Policy

Policy Definitions

The following definitions apply to this Policy (unless amended by SectionDefinitions) and are denoted by a capital first letter throughout this Policy.

2 | Public Liability Insurance for Start Ups

Insuring Clause

The Statement of Fact and any information supplied by oron behalf of the Insured forms the basis of this contractbetween the Insured and the Insurer.

In consideration of payment of the premium the Insurerwill indemnify or otherwise compensate the Insuredagainst loss, destruction, damage, injury, liability ordispute (as described in and subject to the terms,conditions, limits and exclusions of this Policy or anySection of it) occurring or arising in connection with theBusiness during the Period of Insurance or any subsequentperiod for which the Insurer agrees to accept a renewalpremium.

For Allianz Insurance plc

Jonathan DyeChief Executive


Applicable to the Policy unless stated to the contraryunder the conditions in the Sections

1 Conditions Precedent to Liability

Every condition stated as a condition precedent thatapplies to this Policy (whether a Policy, Section orspecial condition) shall apply from the time thecondition attaches and continue to be in force duringthe whole currency of this Policy. Failure to comply withany such condition precedent shall be a bar to anyclaim.

2 Policy Voidable

This Policy shall be voidable in the event ofmisrepresentation, misdescription or non-disclosure ofany material particular.

3 Reasonable Precautions

The Insured shall take all reasonable care

a to prevent accidents and any injury or Damage

b to observe and comply with statutory or localauthority laws, obligations and requirements

c in the selection and supervision of employees

d to maintain the Buildings, Contents and everythingused in the Business in efficient and safe workingorder

e to make good or remedy any defect or danger whichbecomes apparent and take such additionalprecautions as the circumstances may require.

4 Claims – Action by the Insured

The Insured shall in the event of any injury, Damage orconsequential loss as a result of which a claim is ormay be made under this Policy or any Section of it, andagain upon receipt by the Insured in writing of anynotice of any claim or legal proceeding,

a notify the Insurer within thirty (30) days, or withinseven (7) days in the case of Damage orconsequential loss by riot, civil commotion, strikers,locked-out workers, persons taking part in labourdisturbances, malicious persons or theft, or suchfurther time as the Insurer may allow

b notify the Insurer immediately upon being advised ofany prosecution, inquest or enquiry connected withany injury, Damage or consequential loss which mayform the subject of a claim under this Policy

c notify the police as soon as it becomes evident that any Damage has been caused by theft ormalicious persons

d pass immediately, and unacknowledged, any letter ofclaim to the Insurer

e carry out and permit to be taken any action whichmay be reasonably practicable to prevent furtherDamage or consequential loss

f retain unaltered and unrepaired anything in any wayconnected with the injury, Damage or consequentialloss for as long as the Insurer may reasonablyrequire

g furnish with all reasonable despatch at the Insured’sexpensei such further particulars and information as the

Insurer may reasonably requireii if required, a statutory declaration of the truth of

the claimiii details of any other insurances covering the

subject matter of the claim under this Policy andany matters connected with it

h make available at the Insured’s expense anydocuments required by the Insurer with regard toany letter of claim

i not pay or offer or agree to pay any money or makeany admission of liability without the previousconsent of the Insurer

j allow the Insurer in the name of and on behalf of theInsured to take over and, during such periods as theInsurer thinks proper, to have the absolute conductand control of all negotiations and proceedingswhich may arise in respect of any claim and thesettlement thereof and co-operate fully with theInsurer for that purpose.

No claim under this Policy shall be payable unless theterms of this Policy Condition have been complied withand any payment on account of a claim already madeshall be repaid to the Insurer.

5 Claims – The Rights of the Insurer

In respect of Damage for which a claim is made, theInsurer and any person authorised by the Insurer maywithout incurring any liability or diminishing any of theInsurer’s rights in respect of the cover under this Policy,enter premises where such Damage has occurred, andtake possession of or require to be delivered to the

Policy Conditions


Insurer any Property Insured, and to deal with suchProperty for all reasonable purposes and in anyreasonable manner.

No Property may be abandoned to the Insurer, whethertaken possession of by the Insurer or not.

The Insurer will not pay for any claim unless the termsof this Policy Condition have been complied with.

6 Cancellation

Insured's Cancellation RightsThe Insured has the right to cancel the cover at anytime during the three (3) months free cover. TheInsured should exercise this right by contacting us.

The Insurer's Cancellation RightsThe Insurer may cancel this Policy by giving the Insuredfourteen (14) days notice in writing sent to their lastknown address.

7 Fraud

If the Insured or anyone acting on behalf of the Insuredmakes any false or fraudulent claim or supports a claimby false or fraudulent document, device or statement,this Policy shall be void and the Insured will forfeit allrights under the Policy. In such circumstances, theInsurer retains the right to keep the premium and torecover any sums paid by way of benefit under the Policy.

8 Subrogation

Any claimant under this Policy shall, at the Insurer’srequest and expense, take or permit to be taken allnecessary steps for enforcing rights against any otherparty in the name of the Insured, before or after theInsurer makes any payment.

The Insurer agrees to waive any such rights to whichthe Insurer might become entitled by subrogationagainst any company standing in relation of parent tosubsidiary (or subsidiary to parent) to the Insured oragainst any company which is a subsidiary of a parentcompany of which the Insured are themselves asubsidiary, in each case within the meaning of theCompanies Act or Companies (Northern Ireland) Ordercurrent at the time of the Damage.

9 Arbitration

If any difference arises as to the amount to be paidunder this Policy (liability being otherwise admitted bythe Insurer), such difference shall be referred to anarbitrator to be appointed by the Insured and theInsurer in accordance with statutory provisions.

Where any difference is referred to arbitration inaccordance with this condition, the making of an awardshall be a condition precedent to any right of actionagainst the Insurer.

10 Law Applicable to Contract

Unless agreed otherwise:

a the language of the Policy and all communicationsrelating to it will be English; and,

b all aspects of the Policy including negotiation andperformance are subject to English law and thedecisions of English courts.

11 Rights of Parties

A person or company who was not a party to thisPolicy has no right under the Contracts (Rights of ThirdParties) Act 1999 or any subsequent legislation toenforce any term of this Policy but this does not affectany right or remedy of a third party which exists or isavailable apart from such Act.

12 Discharge of Liability

The Insurer may pay to the Insured in the event of anyone claim or series of claims arising out of oneoccurrence the specified Limit of Indemnity in respectthereof (after deducting therefrom any sums alreadypaid) or any lesser amount for which the claim(s) canbe settled and thereafter be under no further liability inrespect of such claim or series of claims arising out ofone occurrence except for the amount of any costs andexpenses incurred prior to the date of the payment.


13 Fire Precautions

In respect of fire extinguishing appliances within thePremises the Insured must

a inspect the appliances in accordance with themanufacturer/installers instructions for the purposeof ascertaining that they are in all respectsmaintained in proper working order

b maintain during the currency of this Policy amaintenance contract providing for an annualinspection with an installer or supplier of approvedequipment

c ensure that all fire break doors and shutters are keptclosed except during working hours and aremaintained in efficient working order

and to remedy promptly any defect whether disclosedby such inspection(s) or otherwise.

14 Change of Risk

This insurance shall cease to be in force if there is anyalteration in the Business or at the Premises whichincreases the risk of injury or Damage, unless suchalteration is agreed in writing by the Insurer.

15 Other Insurances

The Insurer will not indemnify the Insured in respect ofliability which is insured by or would but for theexistence of this Policy be insured by any other policyor section.


Policy Exclusions

Applicable unless stated to the contrary under Exclusionsin the Sections

This Policy does not cover

1 Territorial Limits

Damage, injury or liability arising out of any occurrence outside Great Britain, Northern Ireland, the Channel Islands or the Isle of Man, except wherestated to the contrary.

2 War

Loss, destruction, damage, death, injury, disablement orliability or any consequential loss occasioned by war,invasion, act of foreign enemy, hostilities (whether warbe declared or not), civil war, rebellion, revolution,insurrection or military or usurped power.

3 Radioactive Contamination

Loss or destruction of or damage to any propertywhatsoever or any loss or expense whatsoever resultingor arising therefrom or any consequential loss or anylegal liability of whatsoever nature directly or indirectlycaused by or contributed to by or arising froma ionising radiations from or contamination by

radioactivity from any nuclear fuel or from anynuclear waste or from the combustion of nuclearfuel

b the radioactive, toxic, explosive or other hazardousor contaminating properties of any nuclearinstallation, reactor or other nuclear assembly ornuclear component thereof

4 Sonic BangsDamage directly occasioned by pressure waves causedby aircraft and other aerial devices travelling at sonic orsupersonic speeds.

5 Northern Ireland

Loss, destruction or damage and any consequential lossin Northern Ireland occasioned by or happening throughor in consequence directly or indirectly of riot, civilcommotion and (except in respect of loss, destructionor damage or any consequential loss by fire orexplosion) strikers, locked-out workers, persons takingpart in labour disturbances or malicious persons.

6 Pollution or Contamination

Loss, destruction or damage caused by or resultingfrom pollution or contamination except such loss ordestruction of or damage to the Property Insured or, ifapplicable, loss resulting from loss or destruction of or

damage to property used by the Insured at thePremises for the purpose of the Business caused by

a pollution or contamination which itself results fromfire, lightning, explosion, aircraft or other aerialdevices or articles dropped therefrom, riot, civilcommotion, strikers, locked-out workers, personstaking part in labour disturbances, malicious personsother than thieves, earthquake, storm, flood,bursting, overflowing, discharging or leaking ofwater tanks, water apparatus or water pipes,sprinkler leakage or impact by any road vehicle oranimal, always provided that such peril is insured bythis Policy

b any of the perils listed in 6a above which itselfresults from pollution or contamination.

7 Changes In Water Table Level

Damage attributable solely to changes in the watertable level.

8 E-Risksa loss or destruction of or damage to any Computer

Equipment (as defined below) consisting of orcaused directly or indirectly by:i programming or operator error whether by the

Insured or any other personii Virus or Similar Mechanism (as defined below)iii Hacking (as defined below)iv malicious personsv failure of external networksunless, in respect of i, ii and iii above, such loss ordestruction or damage results from a concurrent orsubsequent cause not excluded by this or any otherpolicy exclusion

b any financial loss or expense of whatsoever nature,including but not limited to business interruption,resulting directly or indirectly from the type of lossor destruction or damage described in paragraph aof this Exclusion unless, in respect of a i, ii or iiiabove, the financial loss or expense results from aconcurrent or subsequent cause not excluded bythis or any other policy exclusion

c loss or destruction of or damage to any propertyother than Computer Equipment where it arisesdirectly or indirectly out of loss or destruction of ordamage to any Computer Equipment of the typedescribed in paragraph a of this Exclusion unless, inrespect of loss or damage to other property arisingfrom a i, ii or iii above, resulting from a concurrent orsubsequent cause not excluded by this or any otherpolicy exclusion


d loss or destruction of or damage either to ComputerEquipment or any other property where it consists ofor arises directly or indirectly out of:

i the erasure, loss, distortion, corruption orunauthorised access to or modification ofinformation on computer systems or otherrecords, programs or software by rioters, strikers,locked-out workers, persons taking part in labourdisturbances or civil commotions, or maliciouspersons

ii the erasure, loss, distortion, corruption orunauthorised access to or modification ofinformation on computer systems or otherrecords, programs or software due to any causenot included in d i above

iii any misinterpretation, use or misuse ofinformation on computer systems or otherrecords, programs or software

unless, in respect of d ii and iii above, such loss,destruction or damage results from a concurrent orsubsequent cause not excluded by this or any otherpolicy exclusion

e any financial loss or expense of whatsoever nature,including but not limited to business interruption,where it arises directly or indirectly from the type ofloss or destruction or damage described in paragraphsc and d of this Exclusion unless, in respect of c, d ii andiii above, the financial loss or expense results from aconcurrent or subsequent cause not excluded by thisor any other policy exclusion.

For the purpose of this Exclusion:

Computer Equipment – means computer equipment,component, system or item which processes, stores,transmits or retrieves data, or any part thereof, whetherthe property of the Insured or not, whether tangible orintangible and including without limitation anyinformation, programs or software.

Virus or Similar Mechanism – means any programcode, programming instruction or other set ofinstructions intentionally constructed with the ability todamage, interfere with or otherwise adversely affectcomputer programs, data files or operations (whetherinvolving self replication or not), including but notlimited to ‘Trojan Horses’, ‘Worms’ or ‘Logic Bombs’.

Hacking – means unauthorised access to any computeror computer equipment, component, system or item,whether the property of the Insured or not, whichprocesses, stores, transmits or retrieves data.

9 Computer Date Exclusion

Damage or liability directly or indirectly caused by orconsisting of or arising from the failure of anycomputer or other equipment or system for processing,storing or retrieving data, whether the property of theInsured or not, to achieve any or all of the purposesand consequential effects intended by the use of anynumber to denote a date including the failure

a correctly to recognise any date as its true calendar date

b to recognise, capture, save, retain, restore and/orcorrectly to manipulate, interpret, calculate orprocess any data or information or command orinstruction as a result of treating any date otherwisethan as its true calendar date

c to recognise, capture, save, retain, restore and/orcorrectly to manipulate, interpret, calculate orprocess any data or information as a result of theoperation of any command which has beenprogrammed into any computer software orfirmware, being a command which causes the lossof data or the inability to recognise, capture, save,retain, restore or correctly to manipulate, interpret,calculate or process any data on or after any date

10 Excess

Any Excess.

11 Terrorisma in respect of England, Wales and Scotland but not

the territorial seas adjacent thereto as defined in theTerritorial Sea Act 1987:

loss or destruction or damage or consequential lossof whatsoever nature, directly or indirectly causedby, resulting from or in connection with

i any Act of Terrorism, regardless of any othercause or event contributing concurrently or in anyother sequence to such Act of Terrorism

ii any action taken in controlling, preventing orsuppressing any Act of Terrorism, or in any otherway related to such Act of Terrorism


In respect of a above an Act of Terrorism (Terrorism)means:- Acts of persons acting on behalf of, or inconnection with, any organisation which carries outactivities directed towards the overthrowing orinfluencing, by force or violence, of Her Majesty’sgovernment in the United Kingdom or any othergovernment de jure or de facto.

b in respect of territories other than those stated in a above:

loss or destruction or damage or any consequentialloss of whatsoever nature, directly or indirectlycaused by, resulting from or in connection with

i any act of Terrorism, regardless of any othercause or event contributing concurrently or in anyother sequence to such act of Terrorism

ii any action taken in controlling, preventing orsuppressing any act of Terrorism, or in any wayrelated to such act of Terrorism

In respect of b above an act of Terrorism (Terrorism)means:- An act, including but not limited to the useof force or violence and/or the threat thereof, of anyperson or group(s) of persons whether acting aloneor on behalf of or in connection with anyorganisation(s) or government(s), committed forpolitical, religious, ideological or similar purposesincluding the intention to influence any governmentand/or put the public or any section of the public infear.

In any action suit or other proceedings where theInsurer alleges that by reason of this exclusion any lossor destruction or damage or any consequential loss isnot covered (or is covered only up to a specified limit ofliability), the burden of proving to the contrary shall beupon the Insured.

In the event any part of this exclusion is found to be invalid or unenforceable, the remainder shall remain inforce and effect.


DefinitionsAct of Terrorism

Any act including but not limited to the use of force orviolence and/or threat thereof of any person or group(s)of persons whether acting alone or on behalf of or inconnection with any organisation(s) or government(s)committed for political religious ideological or similarpurposes including the intention to influence anygovernment and/or put the public or any section of thepublic in fear.

Asbestos

Asbestos or fibres or particles of asbestos or any materialcontaining asbestos

Business

The business specified in the Schedule conducted solelyfrom Great Britain, Northern Ireland, the Isle of Man or theChannel Islands and including

1 the ownership, maintenance and repair of Premisesused in connection therewith

2 the provision and management of canteen, social,sports or welfare organisations for the benefit ofEmployees and the ambulance, first aid, fire, medicaland security services of the Insured

3 the execution of private duties by Employees for anypartner director or senior official of the Insured.

Employee

1 any person under a contract of service orapprenticeship with the Insured

2 any of the following persons whilst working for theInsured in connection with the Business

a any labour master or labour only subcontractor orperson supplied by him

b any self-employed person providing labour only

c any trainee or person undergoing work experience

d any voluntary helper

e any person who is borrowed by or hired to theInsured.

Family

The Insured’s spouse/partner, children, parents and otherimmediate relatives living with the Insured permanently

Injury

1 bodily injury, death, disease, illness, mental injury ornervous shock

2 invasion of the right of privacy, false arrest, falseimprisonment, false eviction or malicious prosecutionof any person.

Limit of Indemnity

The limit of indemnity specified in the Schedule

Offshore Installations

1 any installation in the sea or tidal waters which isintended for underwater exploitation of mineralresources or exploration with a view to such exploitation

2 any installation in the sea or tidal waters which isintended for the storage or recovery of gas

3 any pipe or system of pipes in the sea or tidal waters

4 any installation which is intended to provideaccommodation for persons who work on or from thelocations specified in 1, 2 or 3 of this definition.

Pollution or Contamination

1 all pollution or contamination of buildings or otherstructures or of water or land or the atmosphere and

2 all Injury, loss or damage directly or indirectly caused bysuch pollution or contamination.

All pollution or contamination which arises out of or inconnection with one incident shall be deemed to haveoccurred at the time such incident takes place.

Products

Any goods or other material property (including theircontainers, packaging, labelling and instructions for use)sold, supplied, delivered, installed, erected, repaired, altered,treated or tested by the Insured in connection with theBusiness and not in the charge or control of the Insured.

Territorial Limits

1 Great Britain, Northern Ireland, the Isle of Man and theChannel Islands

2 any other member country of the European Union

Section 1 – Public Liability


CoverPublic Liability The Insurer will indemnify the Insured against legal liabilityto pay compensation and claimants’ costs and expensesin respect of accidental

1 Injury to any person

2 Loss of or damage to material property

3 nuisance, trespass, obstruction or interference with anyright of way, light, air or water

occurring within the Territorial Limits during the Period ofInsurance in connection with the Business and not causedby or rising from Products other than

a any Products connected with

i the provision and management of canteen, social,sports or welfare organisations for the benefit ofEmployees and the ambulance, first aid, fire, medicaland security services of the Insured

ii the execution of private duties by Employees for anypartner, director or senior official of the Insured

b any food or drink supplied to partners, directors,Employees or non-paying guests of the Insured

c the disposal of furniture and office equipment originallyintended solely for use by the Insured in connectionwith the Business and which is no longer required forthat purpose

d the accidental obstruction of pedestrian or vehiculartraffic caused by loads delivered by any vehicle of theInsured

e the provision of gifts and promotional material.

Costs and ExpensesIn addition the Insurer will pay costs and expensesincurred by the Insurer or with the written consent of theInsurer

1 in connection with the defence of any claim

2 for representation of the Insured

a at any coroner’s inquest or fatal accident inquiry inrespect of death

b at proceedings in any court of summary jurisdictionor on indictment in any higher court in respect ofany alleged breach of statutory duty resulting inInjury, loss or damage

which may be the subject of indemnity under this Section.

Limit of IndemnityA The Insurer’s liability for all compensation payable in

respect of

1 any one occurrence or all occurrences of a seriesconsequent on or attributable to one source ororiginal cause

2 all Pollution or Contamination which is deemed tohave occurred during any one Period of Insurance

shall not exceed the Limit of Indemnity.

B In respect of all claims against the lnsured made withinthe legal jurisdiction of the United States of America orCanada or any dependency or trust territory the Limitof Indemnity shall be inclusive of the amount of all

i claimants' costs and expenses

ii costs and expenses incurred by the lnsurer or withthe written consent of the lnsurer in connection withthe defence of such claims.

Provided that

a in respect of an Act of Terrorism the Limit ofIndemnity shall not exceed £500,000. If the Insureralleges that by reason of this limitation any lossdamage cost or expense is not covered the burdenof proving the contrary shall be upon the Insured.

b in respect of Injury, loss or damage occurring duringany one Period of Insurance directly or indirectlycaused by arising from in consequence of or in anyway involving Asbestos the Limit of Indemnity underthis Section shall not exceed the Limit of Indemnityor £500,000 whichever is the lesser inclusive of allcosts and expenses.

For the purposes of this limitation all such damagewhich arises from one incident shall be deemed to haveoccurred at the time such incident takes place.

c in respect of the indemnity provided under thisSection for Extension 11 – Corporate Manslaughterand Corporate Homicide Act 2007 – Legal DefenceCostsi the liability of the Insurer shall not exceed

£500,000 or the Limit of Indemnity (whichever islesser) in any one Period of Insurance

ii all amounts payable will form part of and not bein addition to the Limit of Indemnity

iii where the Insurer has already indemnified theInsured in respect of legal costs or expensesincurred in connection with the defence of


criminal proceedings (including appeals againstconviction arising from such proceedings) arisingout of the same cause or occurrence which gaverise to said proceedings under another Section ofthe Policy the amount paid under that Sectionshall contribute to the maximum amount payableunder this Section.

Extensions (Subject to the terms, limits, conditionsand exclusions of this Section and the Policy)

1 Indemnity to Other Parties

If the Insured so request the Insurer will indemnify thefollowing parties

a any officer or committee member or other memberof the Insured’s canteen, social, sports or welfareorganisations or ambulance, first aid, fire, medical orsecurity services against liability incurred in such capacity

b any partner, director or Employee of the Insuredagainst liability incurred in such capacity and inrespect of which the Insured would have beenentitled to indemnity under this Section if the claimhad been made against the Insured

as though each party were individually named as theInsured in this Section

c any principal for whom the Insured have agreed toexecute work under contract or agreement againstliability arising out of the performance of such workby the Insured and in respect of which the Insuredare legally liable and would have been entitled toindemnity under this Section if the claim had beenmade against the Insured

Provided that

i each such party shall observe fulfil and be subject tothe terms and conditions of this Section in so far asthey can apply

ii the Insurer’s liability to the Insured and all parties indemnified shall not exceed in total theLimit of Indemnity.

2 Joint Insured Cross Liabilities

If more than one party is named as the Insured thisSection shall apply as though each were insuredseparately provided that the Insurer’s liability to allparties indemnified shall not exceed in total the Limit ofIndemnity.

3 Overseas Personal Liability

The Business is extended to include personal activities(not connected with any gainful occupation orprofession nor with the ownership or tenure of any landor building) of any partner, director or Employee of theInsured or family member of such partner director orEmployee normally resident within Great Britain,Northern Ireland, the Isle of Man and the Channel Islandsin the course of any journey or temporary visit to anyother country made in connection with the Business.

4 Motor Contingent Liability

The Insurer will indemnify the Insured in the terms ofthis Section against liability arising out of the use inconnection with the Business of any vehicle not ownedprovided or being driven by the Insured but this Sectiondoes not cover liability

a in respect of damage to such vehicle

b arising out of any such use in any country outsidethe European Union

c incurred by any party other than the Insured

d incurred by any party identified in Extension 1(Indemnity to Other Parties), paragraph b, otherthan an Employee

For the purpose of this cover Exclusion 1 of this Sectiondoes not apply.

5 Health and Safety at Work – Legal Defence Costs

The Insurer will indemnify the Insured and if theInsured so request any partner, director or Employee ofthe Insured in the terms of this Section in respect of

a costs and expenses incurred with the Insurer’swritten consent

b costs and expenses of the prosecution awardedagainst any such party

in connection with criminal proceedings or an appealagainst conviction arising from such proceedingsbrought in respect of any offence under the Health andSafety at Work etc. Act 1974 or the Health and Safety atWork (Northern Ireland) Order 1978 committed oralleged to have been committed during the Period ofInsurance in connection with the Business


Provided that

i the proceedings relate to the health, safety orwelfare of any person other than an Employee

ii the Insurer shall have the conduct and control of allthe said proceedings and appeals.

The Insurer will not pay for

a fines or penalties of any kind

b proceedings or appeals in respect of any deliberateor intentional criminal act or omission

c costs or expenses insured by any other insurance.

6 Data Protection

a The Insurer will indemnify the Insured and at theInsured’s request any partner, director or Employeeof the Insured against the sums which the Insured orany director, partner or Employee of the Insuredbecome(s) legally liable to pay as compensation,under Section(s) 22 and/or 23 of the DataProtection Act 1984 as amended by the DataProtection Act 1998, for damage or distress resultingfrom failure of the Insured to comply with dataprotection legislation and caused in connection withthe Business during the Period of Insurance.

Provided that the Insured isi a registered user in accordance with data

protection legislationii not in business as a data processing bureau.

b The total amount payable including all costs andexpenses under this paragraph in respect of allclaims occurring during any one Period of Insuranceis limited to £250,000.

c The Insurer will not pay fori any damage or distress caused by any deliberate

act or omission by the Insured the result of whichcould reasonably have been expected by theInsured having regard to the nature andcircumstances of such act or omission

ii any damage or distress caused by any act offraud or dishonesty

iii the costs and expenses of rectifying, rewriting orerasing data

iv liability arising from the recording, processing orprovision of data for reward or to determine thefinancial status of any person

v the payment of fines or penalties.

7 Defective Premises Act 1972

The Insurer will indemnify the Insured in the terms ofthis Section against liability incurred by the Insuredunder Section 3 of the Defective Premises Act 1972 orSection 5 of the Defective Premises (Northern Ireland)Order 1975 in connection with premises or landdisposed of by the Insured.

This extension does not cover

a the cost of rectifying any damage or defect in thepremises or land disposed of

b liability for which the Insured is entitled to indemnityunder any other insurance.

c liability arising out of the presence of Asbestos

8 Consumer Protection and Food Safety Acts – Legal Defence Costs

The Insurer will indemnify the Insured and if theInsured so request any partner, director or Employee ofthe Insured in the terms of this Section in respect oflegal costs and expenses incurred with the writtenconsent of the Insurer in connection with the defenceof any criminal proceedings or an appeal againstconviction arising from such proceedings brought inrespect of any offence under

a Part 2 of the Consumer Protection Act 1987 or

b Section(s) 7, 8, 14, and/or 15 of the Food Safety Act 1990

committed or alleged to have been committed duringthe Period of Insurance in connection with the Businessprovided that the Insurer shall have the conduct andcontrol of all the said proceedings and appeals.


i fines or penalties of any kind

ii proceedings or appeals in respect of any deliberateact or omission

iii costs or expenses insured by any other policy.

9 Court Attendance Compensation

If during the Period of Insurance any partner director orEmployee of the Insured is required to attend court as awitness at the request of the Insurer in connection witha claim which is the subject of indemnity under thisSection the Insurer will pay compensation to theInsured on the following scale for each day thatattendance is required


a any director or partner £500

b any Employee £250

10 Contractual Liability

In respect of liability assumed by the Insured by acontract or agreement entered into by the Insured andwhich would not have attached in the absence of suchcontract or agreement the indemnity provided by thisSection shall only apply if the sole conduct and controlof any claim is vested in the Insurer

Provided that the Insurer shall not in any event provide indemnity

a under Exclusion 9a of this Section except as stated therein

b in respect of liquidated damages or fines ordamages imposed by or payable under any penalty clause.

11 Corporate Manslaughter and Corporate Homicide Act 2007 – Legal Defence Costs

The Insurer will indemnify the Insured in respect of

a legal costs and expenses incurred with the priorwritten consent of the Insurer and

b costs of the prosecution awarded against theInsured

in connection with the defence of any criminalproceedings (including any appeal against convictionarising from such proceedings) brought under TheCorporate Manslaughter and Corporate Homicide Act2007 or any equivalent in the Channel Islands or theIsle of Man in respect of any fatal injury occurringduring the Period of Insurance in the course of theBusiness and which may be the subject of indemnityunder this Section

Provided that the Insurer agrees details of the specificsolicitor or counsel who are to act on behalf of theInsured prior to their appointment


i any fines or penalties imposed on the Insured or thecost of implementing any remedial order or publicityorder

ii legal costs and expenses in connection with anappeal unless a solicitor or counsel advise that thereare strong prospects of succeeding in the appeal orrecovering costs awarded against the Insured at alltimes throughout the appeals process. Any changeto such prospect of success during the appealsprocess may result in cover being removed

iii costs and expenses provided by another source or

any other insurance or where but for the existenceof this Extension would have been provided by suchsource or insurance

iv costs and expenses in connection with the defenceof any criminal proceedings brought in any countryother than in the United Kingdom

v costs and expenses in connection with the defenceof any criminal proceedings resulting from anydeliberate or intentional criminal act or omission bythe Insured or any partner or director of the Insuredor any Employee

ExclusionsPolicy Exclusions 2, 3 and 9 apply to this Section and inaddition it does not cover:

1 Liability in respect of Injury to any Employee arising outof and in the course of the employment or engagementof such person by the Insured.

2 Liability in respect of Injury or Damage arising inconnection with work on or travel to or from OffshoreInstallations.

3 Liability in respect of

a fines, penalties or liquidated damages

b punitive, exemplary or aggravated damages or anydamages resulting from the multiplication ofcompensatory damages.


a Pollution or Contamination occurring in the UnitedStates of America or Canada or any dependency ortrust territory

b Pollution or Contamination occurring elsewhereunless caused by a sudden, identifiable, unintendedand unexpected incident which takes place in itsentirety at a specific time and place during thePeriod of Insurance.

5 Liability arising out of the ownership, possession or useby or on behalf of the Insured of any mechanicallypropelled vehicle (or trailer attached thereto) which isrequired by any road traffic legislation to be the subjectof compulsory insurance or other security but thisExclusion shall not apply in respect of the loading orunloading of such vehicle or the delivery or collectionof goods to or from such vehicle except where more


specifically insured by any other policy.

6 Liability arising out of the ownership, possession or useby or on behalf of the Insured of any vessel or craftdesigned to float on or in or travel through water, air orspace (other than hand-propelled watercraft).

7 Liability in respect of Damage to any property belongingto or in the charge or control of the Insured other than

a personal effects or vehicles of any partner, directoror Employee of or visitor to the Insured

b premises (and their contents) not belonging, leased,rented or hired to the Insured but temporarily in the charge of the Insured for the purpose of carryingout work

c Premises (including their fixtures and fittings)leased, rented or hired to the Insured but thisSection does not cover liability attaching to theInsured solely under the terms of any tenancy orother agreement.


a Damage to any goods or other property sold,supplied, delivered, installed or erected by or onbehalf of the Insured

b all costs of or arising from the need forreinstatement, making good, removal, repair,rectification, replacement or recall of

i any such goods or property

ii any defective work executed by or on behalf ofthe Insured

except that 8a and 8bi above shall not apply to liabilityin respect of Damage to the said goods or property ifsuch Damage is caused by or arises from

1 any alteration, repair or servicing work executed

2 any other goods or property sold, supplied,delivered, installed or erected

by the Insured under a separate contract.

9 Liability for Injury or Damage arising out of or inconnection with advice, design, formula, specification,inspection, certification or testing provided orperformed for a fee by or on behalf of the Insured otherthan where provided or performed in connection withany Product insured by this Section.

10 Liability in respect of Damage to any property

a comprising or to be incorporated in the contractworks in respect of any contract undertaken by the Insured

b against which the Insured are required to effectinsurance under the terms of Clause 6.5.1 of theJ.C.T. (R.I.B.A.) Conditions of Contract or of any other contract condition requiring insurance of a like kind.

11 Liability arising from or as a consequence of anymanual work carried out away from any Premisesbelonging, leased, rented or hired to the Insured otherthan delivery or collection.

12 the Excess.


Additional Benefits

Business LinkRunning a business means facing a constant stream ofchallenges and opportunities often with limited resources.Business Link is a highly committed, national network ofindependent local business advice centres. Whether you’relooking for help with management techniques, finance,export skills, design, technology, marketing or informationtechnology, one phone call will put you in touch with yourlocal Business Link and its highly experienced team ofexperts with hands-on experience.

To contact Business Link, telephone 0845 600 9006.

Risk DirectorRisk Director is Allianz’s award winning online riskmanagement service that is FREE for Allianz policyholders.At the click of a button you can access effective riskmanagement guidance and information and also accesstrusted and impartial risk management product andservice resources.

Try it now via www.riskdirector.co.uk

Reassess your riskIf your circumstances change or if you’re coming to theend of your Public Liability Insurance for Start Ups policy,you can use our online tool to check that you are properlycovered. Just go to www.barclays.co.uk/businessinsuranceto find out more or speak to your Barclays BusinessManager in branch.


If you need to claim, your dedicated claims handler willhelp and guide you through the process.

You can notify Allianz of a claim by:

Telephone: 08448 939 639

Post: Barclays Claims Centre500 Avebury BoulevardMilton KeynesMK9 2XX

Online: www.barclays.co.uk/Businessinsurance

Our claims helpline is available 24 hours a day, 7 days a week.

Claims Details

Please have the following information available, wherepossible, when making a claim:

Property Claims

Your contact information, including address andtelephone numbers

Policy type and policy number

Date the loss occurred

Location and description of the loss

Injury Claims

Your contact information, including address andtelephone numbers

Policy type and policy number

Date the loss occurred

Name and address of injured party

Description of the injury, where and how it occurred

What to expect when making a claim

Allianz aims to deal with your claim promptly and fairly.We will update you on the progress of your claim by email,mail or by phone – whichever you prefer.

Depending on the type of claim and value involved, we may:

• forward a claim form for you to complete and sign

• ask you for additional information

• appoint an independent Loss Adjuster to deal with your claim

• arrange for a member of our claims team to visit you

Helpful advice when making a claim

Your insurance policy comes with a number of greatfeatures to help keep your business up and running. These additional features do not come with standardpolicies and have been designed especially for smallbusinesses in mind.

How to Make a Claim

Please try to notify Allianz of a claim promptly after the incident, or immediately in the event of a seriousaccident, loss or damage.


Allianz aims to get it right, first time every time. If wemake a mistake we will try to put it right promptly.

We will always confirm to you receipt of your complaintwithin five working days and do our best to resolve itwithin four weeks. If we cannot we will let you know whenan answer may be expected.

If we have not resolved the situation within eight weekswe will provide you with information about the FinancialOmbudsman Service.

If you have a complaint please contact our CustomerSatisfaction Manager at:

Customer Satisfaction ManagerBarclays Business Insurancec/o Allianz Insurance plcPO Box 883LancasterLA1 9JA

Telephone: 08448 716 619Fax: 08448 718 757Email: [email protected]

Lines are open Monday to Friday 8am to 6pm.

Using our complaints procedure or referral to the FinancialOmbudsman Service does not affect your legal rights.

How Allianz Handles Complaints

How to Contact Allianz

Should you wish to discuss your insurance needs, or makeany changes to your policy you can do so via

Post: Barclays Business Insurancec/o Allianz Insurance plcPO Box 883LancasterLA1 9JA

Telephone: 08442 096 096

Lines are open Monday to Friday 8am to 6pm.

Claims Handling Centres

You can notify Allianz of a claim by:

Telephone: 08448 939 639

Post: Barclays Claims Centre500 Avebury BoulevardMilton KeynesMK9 2XX

Online: www.barclays.co.uk/Businessinsurance

Our claims helpline is available 24 hours a day, 7 days a week.


Telephone calls may be recorded for our mutualprotection, training and monitoring purposes.

Allianz Insurance plc (Allianz) may use the personal andbusiness details you have given or which are supplied bythird parties including any details of directors, officers,partners and employees to provide you with a quotation;deal with your policy; to search credit reference and fraudagencies who may keep a record of the search; to sharewith other insurance organisations to help offset risks, tohelp administer your policy and to handle claims andprevent fraud; to support the development of our businessby including your details in customer surveys, and formarket research and compliance business reviews whichmay be carried out by third parties acting on behalf ofAllianz. You agreed when you applied for the policy thatyour directors, officers, partners, and employees haveconsented to Allianz using their details in this way.

Allianz may need to collect data relating to InsuredPersons, which under the Data Protection Act is defined assensitive (such as medical history and conviction details ofthe Insured Persons) for the purpose of evaluating the riskor administering claims which may occur. You mustensure that you have explicit verbal or written consentfrom the insured persons to such information beingprocessed by Allianz and that this fact is made known tothe insured persons.

If your policy provides Employers Liability coverinformation relating to your insurance policy will beprovided to the Employers Liability Tracing Office (the“ELTO”) and added to an electronic database, (the“Database”) in a format set out by the Employer’s LiabilityInsurance: Disclosure by Insurers Instrument 2010.

The Database assists individual consumer claimants whohave suffered an employment related injury or diseasearising out of their course of employment in the UK foremployers carrying on, or who carried on, business in theUK and who are covered by the employers’ liabilityinsurance of their employers, (the “Claimants”):

• to identify which insurer (or insurers) was (or were)providing employers’ liability cover during the relevantperiods of employment; and

• to identify the relevant employers’ liability insurancepolicies.

The Database and the data stored on it may be accessedand used by the Claimants, their appointedrepresentatives, insurers with potential liability for UKcommercial lines employers’ liability insurance cover andany other persons or entities permitted by law. TheDatabase will be managed by the ELTO and furtherinformation can be found on the ELTO websitewww.elto.org.uk. By entering into this insurance policy youwill be deemed to specifically consent to the use of yourinsurance policy data in this way and for these purposes.

Allianz will share your information with Barclays Group forthe purpose of managing policy(ies), to assess theconditions of the insurance contract, to deal with claims,to obtain/provide quotations on an ongoing basis and inthe normal course of servicing and administering yourinsurance.

Under the Data Protection Act 1998 individuals areentitled to a copy of all the personal information AllianzInsurance plc holds about them. Should you requirefurther details in respect of this matter please contact theCustomer Satisfaction Manager at Barclays BusinessInsurance, PO Box 883, Lancaster, LA1 9JA.

Personal details may be transferred to countries outsidethe EEA. They will at all times be held securely andhandled with the utmost care in accordance with allprinciples of English law.

Data Protection Act


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Barclays Bank PLC act as an introducer to Allianz Insurance plc for Barclays Business Insurance which is arranged, administered andunderwritten by Allianz Insurance plc (registered number 84638), registered office 57 Ladymead, Guildford, Surrey, GU1 1DB.Allianz Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and thePrudential Regulation Authority. Financial Services Register number 121849. Barclays Bank PLC is not part of the Allianz (UK) Group.

Barclays Bank PLC. Registered in England. Registered No. 1026167. Registered office: 1 Churchill Place, London, E14 5HP.Barclays Bank PLC. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and thePrudential Regulation Authority (Financial Services Register number: 122702).

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