(re)insurers liability clause (re)insurers liability ... policy online... · (re)insurers liability...

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(RE)INSURERS LIABILITY CLAUSE (Re)insurers Liability several not joint The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is subject always to the provision concerning “signing” below. In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address. Proportion of liability Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its “written line”. Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred. Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural. LMA3333

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Page 1: (RE)INSURERS LIABILITY CLAUSE (Re)insurers Liability ... policy online... · (RE)INSURERS LIABILITY CLAUSE (Re)insurers Liability ... an oral or written demand for compensation

(RE)INSURERS LIABILITY CLAUSE

(Re)insurers Liability several not joint

The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A

(re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the

proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of

any other (re)insurer that may underwrite this contract.

The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total

of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is

subject always to the provision concerning “signing” below.

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each

member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the

proportions underwritten by all the members of the syndicate taken together). The liability of each member of the

syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is

not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any

other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street,

London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained

by writing to Market Services, Lloyd’s, at the above address.

Proportion of liability

Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in

the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken

together) is shown next to its stamp and is referred to as its “written line”.

Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to

be appended to this contract to show the definitive proportion of liability under this contract underwritten by each

(re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the

syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions

underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines

shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.

Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so

require this should be read as a reference to contracts in the plural.

LMA3333

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SCHEDULE

Policy Number:

HUP16 1938428

Title of Assured:

EnviroSure client name recorded here; Professional Indemnity for professionals performing assessment, inspection & test, audit, evaluation, and consulting training services in the certification and accreditation

industries in Australia or New Zealand

Address of Assured:

Anywhere domiciled in Australia or New Zealand And elsewhere as declared in the Online application

Business of Assured:

EnviroSure client business profession recorded here; Professional activities of competently qualified personnel who are engaged to carry out their duties within the scope of their chosen field. The scope includes assessment, inspection & test, audit, evaluation, and consulting training services in the certification and accreditation industries. Acceptance criteria are reviewed prior to binding cover.

Wording:

EnviroSure Wording –Consulting professionals Professional Indemnity Insurance

Period of Insurance: Period of Insurance for Risks attaching during the Period:

From: EnviroSure Start date agreed recorded here To: EnviroSure End date agreed recorded here Both days inclusive at 4:00pm local standard time at principal address of the Assured As per schedule attached, each period to commence and expire at 4:00 pm local standard time at the address of the insured party.

Limit of Liability:

AUD$10,000,000 any one claim and AUD$20,000,000 in the aggregate including costs and expenses incurred in the investigation, defence or settlement of any claim.

The Excess:

AUD$2,000 each and every claim and in the aggregate including costs and expenses incurred in the investigation, defence or settlement of any claim

Retroactive Date: None

Conditions: This insurance will be effected on a shared Limit of Indemnity basis for all competently qualified personnel attaching during the Period of Insurance noted for a Total Limit of AUD$10,000,000 and one claim and AUD$20,000,000 in the aggregate. The AUD$10,000,000 Limit of Indemnity, Once exhausted, shall be reinstated automatically to AUD$20,000,000 provided that such a reinstated Limit of Indemnity shall only be available for payment of a Claim:

I. Which is covered under the Policy and arising from Claims made

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against any Assured during the Period of Insurance; and II. Wholly unconnected with any Claim previously notified under this

Policy and which do not arise out of the same originating source or cause or the same act, error or omission, or any series of acts, errors or omissions that are in any way related;

III. Which is in excess of the Limits of Indemnity applicable to any other valid insurance which provides cover in excess of the Limit of Indemnity and provide that the total amount payable by Underwriters shall be limited to twice the Limit of Indemnity specified in the Schedule.

Libel and Slander Extension Loss of Documents Extension (attached to Wording herein) NMA2918 War and Terrorism Exclusion Endorsement (attached to Wording herein) Asbestos & Toxic Mould Exclusion (attached to Wording herein) NMA 1686 Industries, Seepage, Pollution and Contamination Exclusion Clause No. 4 (attached to Wording herein) Several Liability Notice (attached to Wording herein) Endorsement 1 Trade Practices and Related Legislation (attached to Wording herein)

Base Premium:

As agreed by underwriters

Law and Jurisdiction:

Any dispute concerning the interpretation of this Policy shall be subject to the laws of Australia and to the exclusive Jurisdiction of the Courts of Australia.

Notice to be given to:

Blackmore Borley Limited 37-39 Lime Street London EC3M 7AY

Agreement Number:

HUP16 1938428

The Address of the FSA:

25 North Colonnade Canary Wharf London W14 5HS

The Address of the Complaints Department:

If your complaint cannot be resolved satisfactorily by your insurance advisor, please contact our Customer Relations Manager: Customer Relations Manager Hiscox Hiscox House Sheepen Place Colchester CO3 3XL United Kingdom

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This insurance complies with the Insurance Council of Australia’s General Insurance Code of

Practice.

Any enquiry or complaint relating to this insurance should be referred to the Coverholder shown

above in the first instance. If this does not resolve the matter or you are not satisfied with the way a

complaint has been dealt with, you should write to:

Lloyd’s Underwriters’ General Representative in Australia

Suite 2, Level 21

Angel Place

123 Pitt Street

Sydney NSW 2000

Telephone Number: (02) 9223 1433

Facsimile Number: (02) 9223 1466

Who will refer your dispute to the Complaints Department at Lloyd’s.

Complaints that cannot be resolved by the Complaints Department may be referred to the

Financial Ombudsman Service (UK). Further details will be provided at the appropriate stage of the

of the complaints process.

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ENVIROSURE WORDING

ENVIRONMENTAL CONSULTANTS PROFESSIONAL INDEMNITY INSURANCE

WHEREAS the person(s) or partnership or company named in the schedule (hereinafter referred to

as the Assured, which term shall include their executors or personal representatives) has submitted

a written proposal containing particulars and statements which (together with any other information

which may have been supplied) it is agreed shall be the basis of this contract and are to be

considered as incorporated herein and in consideration of the Premium stated in the schedule.

NOW THEREFORE, we, the Underwriters, hereby agree to indemnify the Assured up to but not

exceeding in the aggregate the Limit of Liability stated in the schedule for any sum or sums which

the Assured may become legally liable to pay arising from any Claim or Claims made against them

and notified to Underwriters during the Period stated in the schedule as a direct result of any

negligent act error or omission in the professional conduct of their Business, as submitted in the

proposal and stated in the schedule, by the Assured or any partner or any person employed by the

Assured.

FURTHER for the purpose of this insurance, 'Claim' means any of the following:

(a) a writ, statement of claim, summons, application or other originating legal or arbitral

process, cross-claim, counter claim or third or similar party notice served on the Assured;

and

(b) an oral or written demand for compensation made against the Assured.

FURTHER it is understood and agreed that the Underwriters will pay the costs and

expenses incurred with the Underwriters prior written consent in the defence and/or

settlement of any Claim. Such costs and expenses are inclusive of and not in addition to the

Limit of Liability.

PROVIDED ALWAYS THAT the Underwriters shall be liable only, in respect of any claim

hereunder, for that part of the Claim (which for the purpose of this clause shall be deemed

to include all costs and expenses incurred by Underwriters in investigating and defending

the Claim) which exceeds the amount stated as the Excess in the schedule. It being

understood and agreed that if any expenditure is incurred by the Underwriters which, by

virtue of this clause, is the responsibility of the Assured then such amount shall be

reimbursed to the Underwriters by the Assured forthwith.

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EXCLUSIONS

This insurance does not cover any liability whatsoever arising out of:-

1. The manufacture, construction, alteration, repair, servicing, treating of any goods or

products sold, supplied or distributed by or for and/or on behalf of the Assured.

2. Bodily Injury, Sickness, Disease or Death sustained by any person arising out of and in the

course of their employment by the Assured under a contract of service or apprenticeship

with the Assured.

3. Any Claim made against the Assured as a result of any dishonest, malicious, or illegal acts of

the Assured or their employees.

4. The ownership, use, occupation or leasing of property mobile and/or immobile by, to or on

behalf of the Assured.

5. Any Claim or Claims made or actions instituted within the United States of America or

Canada or any territories which come within the jurisdiction of the United States of America

or Canada. It also being understood that Underwriters have no liability to investigate or

defend the Assured against such Claim or Claims or be liable to enforce a judgement

obtained in any court of the United States of America or Canada or any territories which

come within the jurisdiction of the United States of America or Canada.

6. (a) Loss or destruction of or damage to any property whatsoever or any loss or

expenses whatsoever resulting or arising therefrom or any consequential loss

(b) Any legal liability or whatsoever nature

directly or indirectly caused by or contributed to by or arising from

(i) ionising radiations or contamination by radioactivity from any

nuclear fuel or from any nuclear waste from the combustion of

nuclear fuel

(ii) the radioactive, toxic, explosive or other hazardous properties of any explosive

nuclear assembly or nuclear component thereof.

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8. Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared

or not), civil war, terrorist act, rebellion, revolution, insurrection or military or usurped

power.

9. Libel and Slander/Defamation.

10. Loss of Documents.

11. Any liability directly or indirectly assumed by the Assured under any contract, warranty,

agreement or guarantee, unless such liability would have attached to the Assured

notwithstanding such contract, warranty, agreement or guarantee.

12. Any fines, penalties, punitive or exemplary damages.

13. Any liability for:

(a) Bodily Injury, sickness, disease or death or loss of, damage to, or loss of use of property

directly or indirectly caused by seepage, pollution or contamination, provided always

that this paragraph shall not apply to loss of or physical damage to or destruction of

tangible property, or loss of use of such property damaged or destroyed, where such

seepage, pollution or contamination is caused by a sudden, unintended and unexpected

happening during the period of this insurance where the same is as a direct result of

any negligent act, error or omission by the Assured in the professional conduct of their

Business.

(b) The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating

substances unless the seepage, pollution or contamination is caused by a sudden,

unintended and unexpected happening during the period of the Insurance where the

same is as a direct result of any negligent act, error or omission by the Assured in the

professional conduct of their Business.

14. Any negligence on the part of the Assured in connection with the estimate of construction

costs.

15. Any Claims for liability arising out of any failure to meet contractual requirements relating to

output, efficiency or durability, unless such failure relates to a negligent act, error or

omission by the Assured in the professional conduct of their Business.

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CONDITIONS

1. ASSUREDS DUTIES IN THE EVENT OF A CLAIM:

It is a condition precedent to Underwriters liability under this insurance that:

(a) Upon receipt by the Assured of a Claim or Claims, the Assured shall

immediately notify the person(s) named for that purpose in the schedule, for

transmission to the Underwriters of the Claim or Claims and shall provide full

information insofar as such information is in their possession.

This is a claims made Certificate. The Certificate does not provide cover for

circumstances which may give rise to a Claim, whether or not those circumstances

are notified to the Underwriters. The Assured may have statutory rights under

Section 40(3) of the Insurance Contracts Act, but those rights do not form part of the

Certificate.

(b) The Assured shall not admit liability for or settle or make or promise any payment in

respect of any Claim which may be the subject of indemnity hereunder or incur any

costs or expenses in connection therewith without the written consent of the

Underwriters who if they so wish shall be entitled to take over and conduct in the

name of the Assured the defence and/or settlement of any such Claim for which

purpose the Assured shall give all such information and assistance as the

Underwriters may reasonably require.

2. RETROACTIVE DATE: Where a Retroactive Date is specified in the schedule this insurance will

not apply to Claims made against the Assured by reason of any negligent act, error or

omission committed or alleged to have been committed prior to the said Retroactive Date.

3. AGREEMENT TO PAY CLAIMS: Underwriters agree to provide indemnity under this insurance

without requiring the Assured to dispute any Claim unless a Queen's Counsel (to be mutually

agreed upon by the Underwriters and the Assured) advises that the same could be contested

with a reasonable prospect of success by the Assured and the Assured consents to such

Claim being contested, but such consent is not to be unreasonably withheld. In the event of

any dispute arising between the Assured and the Underwriters as to what constitutes an

unreasonable refusal to contest a Claim at Law, the President for the time being of the

Professional Body of which the Assured is a member shall nominate a Referee to decide this

point (only) and the decision of such Referee shall be binding on both parties.

4. OTHER INSURANCE: If at the time any claim arises under this insurance the Assured is or

would but for the existence of this insurance be entitled to indemnity under any other

Certificate or Certificates, the Underwriters shall not be liable except in respect of any excess

beyond the amount which would have been payable under such other Certificate or

Certificates had this insurance not been effected.

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5. WAIVER OF SUBROGATION AGAINST EMPLOYEES: It is hereby agreed that if any payment is

made under this insurance in respect of a Claim and the Underwriters are thereupon

subrogated to all the Assured's rights of recovery in relation thereto the Underwriters shall

not exercise any such rights against any employee of the Assured unless the Claim has been

brought about or contributed to by the dishonest, fraudulent, criminal or malicious act or

omission of the employee.

6. FRAUDULENT CLAIMS: Subject to the Insurance Contracts Act, if the Assured shall make any

claim under the Certificate knowing the same to be false or fraudulent, as regards amount or

otherwise, the Underwriters can deny liability to the Assured in respect of the claim under

the Certificate.

7. AGREEMENT TO PAY LIMIT: It is hereby agreed that the Underwriters may at any time pay to

the Assured in connection with any Claims or series of Claims under this Certificate the Limit

of Liability (less any sums already paid) or any lesser sum for which such claims can be settled

and upon such payment the Underwriters shall not be under any further liability in respect of

such Claims.

8. GOVERNING LAW: This Certificate is governed by the laws of Australia.

9. JURISDICTION: The Underwriters and the Assured irrevocably and unconditionally submit to

the exclusive jurisdiction of the Courts of Australia.

Any summons notice or process to be served upon the Underwriters may be served upon

(Underwriters to insert details) who has authority to accept service and to enter an

appearance on Underwriters’ behalf.

10. CANCELLATION: Underwriters are entitled, by notice in accordance with the Insurance

Contracts Act 1984, to cancel this Certificate on the grounds set out in that Act.

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RJW 002

LIBEL AND SLANDER EXTENSION

Notwithstanding Exclusion 9 of the Certificate Wording, and subject otherwise to the terms, clauses

and conditions of this Certificate, the Underwriters will indemnify the Assured for all sums which the

Assured may become legally liable to pay for any libel or slander uttered by the Assured in their

professional capacity as stated in the Schedule, provided that this insurance shall not extend to any

matter contained in a journal or publication or in any communication or contribution to the Press,

Radio or Television.

All other Certificate Terms, Conditions and Exclusions remain unchanged

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RJW 003

LOSS OF DOCUMENTS EXTENSION

Notwithstanding anything contained herein to the contrary, it is understood and agreed that if

during the currency of this Certificate the Assured shall discover, and shall within seven days of the

date of discovery give written notice thereof to the Underwriters, that any Documents (as

hereinafter defined) the property of, or entrusted to, the Assured or any other Party or Parties to or

with whom such Documents have been entrusted lodged or deposited by the Assured in the

ordinary course of business have whilst within the limits of the Australia been destroyed or damaged

or lost or mislaid and after diligent search cannot be found this Certificate shall indemnify the

Assured for

(a) any liabilities of whatsoever nature which they may incur to Third Parties in

consequence of such Documents having been so destroyed, damaged, lost or

mislaid.

(b) all costs, charges and expenses of whatsoever nature incurred by the Assured in replacing

and/or restoring such Documents.

PROVIDED ALWAYS THAT

1. the amount of any claim for costs and expenses as above shall be supported by Bills, and/or

Accounts which shall be subject to approval by some competent person to be nominated by

the Underwriters with the approval of the Assured.

2. no liability shall attach hereto for any loss brought about or contributed to by the dishonesty

of any of the Assured's partners or employees.

3. on payment of any loss hereunder, the Assured shall subrogate to Underwriters their right of

procedure against any other person or persons for the recovery thereof.

4. Underwriters' liability in respect of any and all losses hereunder shall be limited to the sum of

AUD50,000.

5. the Excess as stated in the Schedule of the Certificate wording shall not apply to this Loss of

Documents Extension.

6. "Documents" shall mean Deeds, Wills, Agreements, Maps, Plans, Records, written or printed

Books, Letters, Certificates or written or printed Documents and/or Forms of any nature

whatsoever (excluding, however, any Bearer Bonds or Coupons, Bank or Currency Notes or

other negotiable paper) used in connection with the Assured's business as stated in the

Schedule.

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7. it is understood and agreed that the limit of liability under this Loss of Documents Extension

is in included in the limit of liability as stated in the Schedule.

8. for the purposes of this extension and no other the Excess is AUD500 each and every claim.

All other Certificate Terms, Conditions and Exclusions remain unchanged

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WAR AND TERRORISM EXCLUSION ENDORSEMENT

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is

agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or

indirectly caused by, resulting from or in connection with any of the following regardless of any

other cause or event contributing concurrently or in any other sequence to the loss;

1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or

2. any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not

limited to the use of force or violence and/or the threat thereof, of any person or group(s) of

persons, whether acting alone or on behalf of or in connection with any organisation(s) or

government(s), committed for political, religious, ideological or similar purposes including the

intention to influence any government and/or to put the public, or any section of the public,

in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or

indirectly caused by, resulting from or in connection with any action taken in controlling, preventing,

suppressing or in any way relating to 1 and/or 2 above.

If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not

covered by this insurance the burden of proving the contrary shall be upon the Assured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder

shall remain in full force and effect.

All other Certificate Terms, Conditions and Exclusions remain unchanged

08/10/01

NMA2918

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ASBESTOS & TOXIC MOULD EXCLUSION

This insurance does not cover any liability whatsoever arising directly or indirectly out of or resulting

from or in consequence of, or in any way involving:-

(a) Asbestos, or any materials containing asbestos in whatever form or quantity; or

(b) The actual, potential, alleged or threatened formation, growth, presence, release or

dispersal of any fungi, moulds, spores or mycotoxins of any kind; or

(c) Any action taken by any party in response to the actual, potential, alleged or threatened

formation, growth, presence, release or dispersal of fungi, moulds, spores or mycotoxins

of any kind, such action to include investigating, testing for, detection of, monitoring of,

treating, remediating or removing such fungi, moulds, spores or mycotoxins; or

(d) Any governmental or regulatory order, requirement, directive, mandate or decree that

any party take action in response to the actual, potential, alleged or threatened formation,

growth, presence, release or dispersal of fungi, moulds, spores or mycotoxins of any kind,

such action to include investigating, testing for, detection of, monitoring of, treating,

remediating or removing such fungi, moulds, spores or mycotoxins.

(e) Bodily Injury and/or property damage.

This exclusion does not apply where such claim was the result of a negligent act, error or omission in

the course of the Insured’s professional business as specified in the policy.

All other Certificate Terms, Conditions and Exclusions remain unchanged

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INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION EXCLUSION CLAUSE No. 4

(Approved by Lloyd’s Underwriters’ Non-Marine Association)

This Insurance does not cover any liability for:

1. (Personal Injury or Bodily Injury or loss of, damage to or loss of use of property directly or

indirectly caused by seepage, pollution or contamination.

2. The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating

substances.

3. Fines, penalties, punitive or exemplary damages.

This exclusion does not apply where such claim was the result of a negligent act, error or omission in

the course of the Insured’s professional business as specified in the policy.

22/1/70

NMA1686

All other Certificate Terms, Conditions and Exclusions remain unchanged

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SEVERAL LIABILITY NOTICE

The subscribing insurers’ obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.

LSW1001 (Insurance) 08/94

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ENDORSEMENT 1

TRADE PRACTICES AND RELATED LEGISLATION

The Insurer agrees to indemnify the Insured against civil liability for compensation arising from any Claim made against the Insured under the terms of the Trade Practices Act 1974 (Commonwealth), the Fair Trading Act 1987 (NSW), the Fair Trading Act 1985 (Victoria) or similar legislation enacted by the other states or territories of the Commonwealth of Australia or the Dominion of New Zealand and any re-enactment thereof.

All other Certificate Terms, Conditions and Exclusions remain unchanged

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