SECTION
ONE
In consideration of the payment of the premium stated in the schedule and
in reliance on the particulars and statements
made in the proposal referred to in the schedule the underwriter nominated in
the schedule (hereinafter called the “Company”) will to the
extent and in the manner provided:
INSURING
AGREEMENTS
(1) Indemnify the Insured’s legal liability to pay
Compensation for Personal Injury or Property Damage that
happens during the period of insurance arising from an Occurrence in
connection with The Business within the Territorial Scope up to
a maximum of the respective limits of indemnity for General Liability and
Products Hazard as stated in the schedule.
The total aggregate liability for Products Hazard during any one period of insurance
will not exceed the limit of indemnity.
(2) Indemnify the
Insured for the legal advisors fees and court costs involved in defending any
claims against the
Insured to
the extent that such claims fall within the terms and indemnity limits provided
for in (1) above. The Company shall have
the right but not the obligation to appoint legal representatives and conduct
the defence of any such claim, investigation, negotiation and settlement
thereof as it considers expedient.
(3) Reimburse the Insured for all reasonable expenses,
other than wages, loss of earnings or profits, incurred
with
the consent of the Company in connection with (2) above.
Indemnity or reimbursement provided in Insuring Agreements (2) and (3)
shall be payable in addition to the applicable limits of
indemnity stated in the schedule.
DEFINITIONS
1. “AIRCRAFT” means any vessel, craft, Vehicle, kite,
hang glider, balloon or other appliance whether heavier
or lighter than air used for
recreational flying aerial sports or to transport persons or property. The term aircraft includes any related
appurtenances or equipment such as parachutes.
2. “CATEGORY 4
SPORTS” means Gridiron, Rugby, Rugby League, Soccer, Australian Rules, Kick
Boxing,
Boxing,
Martial Arts and all other contact sports.
3. “COACH/REFEREE”
means a Member of the insured club who is accredited and qualified in
accordance
with the
requirements of the sport nominated in the schedule and/or a person with a
minimum of coaching or refereeing experience in the
nominated sport, indicated in the schedule.
4. “COMPENSATION”
means any amount payable under the terms of the policy and includes any
interest
which may be
awarded upon damages or incurred upon a judgement debt and plaintiffs costs,
but does not include fines, penalties, criminal sanctions of any description,
punitive, liquidated, aggravated or exemplary damages.
5. “EMPLOYEE” means any person that the Insured has
the right to direct during The Business activities who is
engaged under a contract of service
or apprenticeship and includes both statutory and common law employees.
6. “FUNGUS, MILDEW
AND MOULD “
includes
but is not limited to any form or type of mould, mildew, mushroom yeast or
biocontaminant.
Spore(s) includes but is not limited to, any substance produced
by, emanating from, or arising out of any fungus/fungi.
7. “GENERAL LIABILITY” means any liability of the
Insured indemnifiable under Insuring Agreement (1) other
than Products Hazard.
8. “INSURED” means:
(a) The insured club
named in the schedule;
(b) Any director,
executive officer, committee Member, office-holder, employee of the insured
club
or Association but only whilst acting within the scope of their duties in such
capacity;
(c) Any registered
Member of the insured club or voluntary worker but only whilst acting in
connection with club activities and whilst conforming to club rules and
by-laws. Such
Member or voluntary worker
shall only be entitled to indemnity hereunder to the extent that
said Member or voluntary worker is not entitled to
indemnity under any other policy of
insurance;
(d) Any owner of plant
in respect of the hire of said plant to the insured club but only to the
extent
required under written hiring contract or agreement.
9. “LANDING AREA”
means any part of earth’s surface including water or any structure or property
used for
embarkation or
disembarkation of people or loading or unloading of goods or where Aircraft are
kept, housed maintained or operated and where Aircraft may take off and land.
10. “MEDICAL PERSONS” means medical doctors,
nurses, dentists and certified first aid attendants.
11. “MEMBER” means any member, temporary
player or other person actively engaged in and appropriately
registered
for the purpose of playing the sport named in the schedule.
12. “OCCURRENCE” means an event, including
continuous, repeated exposure to substantially the same
general condition, which result in
Personal Injury or Property Damage neither, expected nor intended from the
standpoint of the Insured.
13. “PERSONAL INJURY” means death, bodily
injury, illness or disease of or to any person.
14. “PRODUCT” means any property after it has
left the custody or control of the Insured which has been
designed, specified, formulated,
manufactured, constructed, installed, sold, supplied, distributed, treated,
serviced, altered or repaired by or on behalf of the Insured.
15. “PRODUCTS
HAZARD” means any liability of the Insured indemnifiable under Insuring
Agreement (1) which
arises
directly or indirectly out of a Product or any defect or failure thereof.
16. “PROPERTY
DAMAGE” means accidental loss of or damage to tangible property and includes
resultant loss
of
use of such damaged property.
17. “TERRITORIAL SCOPE” means:
(a)
anywhere in the Commonwealth of Australia and New Zealand, and
(b)
anywhere in the world but only in respect of:
(i) your Products exported from the Commonwealth
of Australia or New Zealand, and
(ii)
visits by the Insured for the purpose of playing or administering The Business
of the Insured or the
sport nominated in the
schedule but only whilst acting in connection with club activities and whilst
conforming
to club rules and by-laws.
18 “THE BUSINESS” means a sporting club and member of the
sporting association designated in the
schedule. The said business
includes all activities connected with the sport including responsibilities as
landlord, tenants, property owners and organisers of social and fund-raising
activities but does not include any coaching activities unless noted in the
schedule.
19. “VEHICLE” means any type of conveyance of
goods or personnel, including a caravan or trailer, which is
intended
to be propelled other than by manual or animal power.
20. “WAR” means undeclared war, civil war,
insurrection, rebellion, revolution, war-like act by military force or
military personnel, destruction or
seizure or use for a military purpose, and including any consequences of any of these.
21. “WATERCRAFT” means any vessel, craft,
Vehicle or appliance made or intended to float on or in or travel
on or through or under water.
EXCLUSIONS - applicable to Section One
This Policy does not apply to:
(A) Any liability directly or indirectly arising out
of Personal Injury to any Employee of the Insured arising out of or
in
the course of employment in The Business.
(B) Any obligation for which the Insured may be held
liable under any Workers Compensation Law or Industrial
Award or
Agreement or Determination in respect to any Employee, contractor or any person
in the service of any contractor or subcontractor to the Insured
and any dependant of such person.
(C) (i)
Damage to property owned, leased or
hired by or under hire purchase or loaned to the Insured or
otherwise
in the Insured’s care, custody or control, but this exclusion does not apply
to:
(a) Premises (including
the contents thereof) and other property temporarily occupied by the
Insured
for the purpose of the sport and club named in the schedule;
(b) Employee’s and visitor’s clothing and personal
effects for an amount not exceeding $20,000
any one
Occurrence. In respect of any such Occurrence the Insured shall bear the first
$200 of each and every claim;
(c) Premises occupied under a lease by the Insured to
the extent that the Insured would be held
liable in the absence of any
specific agreement. In respect of any payment for Property
Damage caused by fire or explosion the
Insured shall bear the first $200 of each and every
claim.
(ii) Malicious damage
caused by any Insured or others for whom the Insured is responsible.
(D) Liability for costs
arising out of the costs incurred in or in connection with the repair,
reconditioning,
replacement,
removal, recalling or guarantee of any Product or component part.
(E) Liability arising
out of the ownership, maintenance, operation, preparation or use by or on
behalf of the
Insured
of:
(i) any Aircraft or
hovercraft, or
(ii) any Landing Area
for Aircraft provided such liability arises out of such use as a Landing Area,
or
(iii) any Watercraft or vessel exceeding 8 metres in
length; but this exclusion (E) (iii) shall not apply with
respect
to operations by independent contractors.
(F) Liability arising
out of the ownership, maintenance, operation or use by or on behalf of the
Insured of any
Vehicle
in respect of which there is required by law to be in force a policy of
compulsory liability insurance.
(G) Any liability directly or indirectly arising out
of:
(i) assault, battery
or any intentional
or deliberate violence
committed or alleged to have been
committed by any Insured; or any
(ii) sexual assault,
sexual harassment, sexual molestation or rape.
(H) Liability directly or indirectly caused by riots and/or strikes or in consequence of war, invasion, act of foreign enemy, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, nuclear fission, nuclear fusion or radioactive contamination. This exclusion includes but is not limited to civil disorders of any kind, to any security measures that may result in the closure of the venue or the non-access to it, or to the non-participation by attendees or performers, whether voluntary or compulsory.
(I) Notwithstanding
any provision to the contrary within the policy or any endorsement thereto it
is agreed that
the policy excludes death, injury,
illness, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in
connection with any Act of Terrorism regardless of any other cause or
event contributing concurrently or in any other sequence to the loss.
For the purpose of this exclusion, Act of Terrorism means an act,
including but not limited to the use of force or violence and/or 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) which from its nature or context is done for, or in connection
with, political, religious, ideological, ethnic or similar purposes or reasons,
including the intention to influence any government and/or
to put the public, or any section of the public, in fear.
This
exclusion also excludes death, injury, illness, 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 any Act of Terrorism.
(J) Liability assumed under a contract or agreement
unless the Insured would have been liable in the absence of
such
contract or agreement.
(K) The rendering or
failure to render professional advice or service by the Insured or any error or
omission
connected therewith provided that
this exclusion does not apply to the rendering of first aid or medical services
on the Insured’s premises by Medical Persons employed by the Insured.
(L) Personal Injury or Property Damage caused by or
arising out of the discharge, dispersal, release or escape
of smoke, vapours, soot, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon
land, the atmosphere or any watercourse or body of water, but this
exclusion does not apply if such discharge, dispersal, release or escape is
caused by a sudden, identifiable, unexpected and unintended happening and takes
place in its entirety at a specific time and place. It is further agreed that expenses for the
prevention of any contamination or pollution shall also form part of
this exclusion and shall not be recoverable under this policy.
(M) Any claims brought against the Insured in any
country or jurisdiction outside the Commonwealth of Australia
or New Zealand.
(N) Any liabilities arising directly or indirectly
out of or caused by or in connection with:
(i) the erection,
demolition, alteration of and/or addition to buildings by or on behalf of the
Insured except
an erection, demolition, alteration
of and/or addition to buildings not exceeding a total cost of $50,000, and/or
(ii) demolition of a
building or structure exceeding 10 metres in height.
(O) Any liabilities arising directly or indirectly
from vibration or from the removal or weakening of or interference
with support to land, buildings or any other property.
(P) Any liabilities
arising directly or indirectly from explosion or collapse of boilers or other
vessels under
pressure in
respect of which a certificate is required to be issued under the terms of any
statute or regulation thereunder.
(Q) Any Personal Injury
caused and/or contributed by any Insured and/or to any participant caused
and/or
contributed by
any participant in a match and/or a practice in regards to Category 4 Sports
unless specified in the schedule.
(R) Any liabilities arising out of any actions for defamation, libel, slander or breach of copyright.
(S) Any liability arising anywhere in the world in
relation to, caused by, or contributed to, directly or indirectly, or
howsoever
arising from:
(i) total
or partial destruction, distortion,
erasure, corruption, alteration,
misuse, misinterpretation,
misappropriation
or other use of Computer Equipment,
(ii) error in creating,
amending, entering, directing, deleting or using Computer Equipment, or
(iii) total or partial inability or failure to receive,
send, access or use Computer Equipment for any time or at
all.
Computer
Equipment shall mean and include data or part of data, computer hardware,
operating system, computer network, equipment, websites, servers, extranet,
software, applications software, computer chip including microprocessor chip
and coded instructions as well as any new technology, product or service
replacing existing Computer Equipment.
(T) Personal Injury arising out of Acquired Immune Deficiency
Syndrome (AIDS), Hepatitis C or Cancer in any
form,
howsoever these illnesses may have been acquired or may be named.
(U) Any liability directly or indirectly arising from
Fungus, Mildew and Mould. Such exclusion shall include but not
be
limited to:
(i) Personal Injury, Property Damage or medical payments or any advertising
injury arising out of, resulting
from, caused by, contributed to or
in any way related to the existence, inhalation or exposure to any fungus/fungi
and/or Spore(s);
(ii) Any cost or expenses
associated in any way, or arising out of the abatement, mitigation,
remediation,
containment, detoxification, neutralisation, monitoring,
removal, disposal, or any obligation to investigate
or
assess the presence or effects of any fungus/fungi or Spore(s); or
(iii) Any obligation to share with or repay any
person, organisation or entity related in any way to items (i)
and (ii) above
regardless of any other cause, event, material, product and or building
component that
contributed
concurrently or in any sequence to the Personal Injury or Property Damage.
(V) Any form of
performance, surety, credit or financial guarantee.
(W) Any award for liquidated, punitive, aggravated or exemplary
damages including all fines and penalties.
(X) Any actual or alleged liability whatsoever for any claim or
claims in respect of loss or losses directly or
indirectly arising out of,
resulting from, in consequence of, contributed by asbestos in whatever form or quantity.
(Y) Claims
caused by or arising out of arc or flame cutting, flame heating, arc or gas
welding or similar operation
in which
welding equipment is used, unless such activity is conducted in strict
compliance with the Australian Standard 1674-1990 (Fire
Precautions in cutting, heating and welding operations) or similar issued by
the Standards Association of Australia.
(Z) Economic or
pecuniary loss where no Personal Injury or damage to tangible property occurs.
CONDITIONS - applicable to Section One
1. The Insured shall within the period of insurance
noted in the schedule give to the Company immediate notice
in
writing of:
(a) every Occurrence claim writ summons proceedings
impending prosecution inquest and all information
in relation thereto in respect of which there may arise
liability covered by the policy.
(b) every change materially varying any of the facts
or circumstances existing at the commencement of
this
insurance that shall come to the knowledge of any officer of the Insured.
2. No admission offer promise or payment shall be
made or given by or on behalf of the Insured without the
written consent of the Company who shall be entitled to take over and
conduct in the name of the Insured the defence or settlement of any claim or to prosecute in the name of the
Insured for their own benefit any claim for indemnity or damages or otherwise and shall have full discretion in
the conduct of any proceedings and in the settlement of any claim
and the Insured shall give all such information and assistance as the Company may reasonably require.
3. The Company may at any time pay the Insured the
limit of indemnity applicable to an Occurrence or period of
insurance (less any sums already
paid in respect of that Occurrence or period of insurance), or any lesser amount for which all claims arising out of that
Occurrence or period of insurance can be settled. Thereafter the Company may relinquish
the conduct and control of any such claims and be under no further liability in
connection with them.
4. In the event of an
Occurrence, the Insured shall immediately take at its own expense all
reasonable steps,
including
recall of any of the Insured’s Products, to prevent other Personal Injury or
Property Damage from arising out of the same or similar conditions. Such expense shall not be recoverable under
the policy.
5. The Insured must exercise reasonable care to avoid
and minimise Personal Injury or Property Damage,
which shall
include taking reasonable measures to maintain all premises, fittings and plant
in sound condition, ensuring that only competent employees are employed and by
complying with all statutory obligations,
by-laws, regulations, public authority requirements and safety requirements and
you must ensure that your employees
do this as well. If the Insured does not take reasonable precautions, the
Company may refuse to pay part or all of the Insured’s claim.
6. The Company shall be permitted but not obliged to
inspect the Insured’s property and operations at any time.
Neither the
Company’s right to make inspections nor the making thereof nor any report
thereon shall constitute an undertaking on
behalf of or for the benefit of the Insured or others, to determine or warrant
that such property or operations are
safe. The Company may examine and audit the Insured’s books and records at any
time during the period of insurance and extensions thereof within three years
after the final termination of the
policy, as far as they relate to the subject matter of this insurance. If the
Insured does not provide the Company details or access as the Company
may reasonably request, the Company may refuse to pay or reduce the amount of a
claim.
7. This policy may be cancelled at any time at the
request of the Insured in which case the Company will retain
premium
calculated at the Company’s short period rate for the time the policy has been
in force. This calculation shall be made on
a seasonal risk basis. The Company may cancel this policy in accordance with the
Insurance Contracts Act 1984 (as amended).
8. The inclusion of more than one person or
organisation as Insured under the policy shall not in any way
preclude the right of any one Insured person or organisation to claim
against another. This provision however shall not
under any circumstances operate to increase or aggregate the limits of
indemnity stated in the schedule.
9. (i)
The
Insured has a duty to disclose to the Company before the policy is entered into
every matter
known
being a matter that:
(a) is known by the Insured to be a matter relevant to
the Company’s decision whether to accept
any
or all of the risks provided for in the policy and if so on what terms;
(b) a reasonable person in the circumstances could be
expected to know to be a matter so
relevant.
(ii) The Company may avoid the policy in the event of
any fraudulent failure by the Insured to comply
with
the duty of disclosure, or any fraudulent misrepresentation.
(iii) If the Insured fails to comply with the duty of
disclosure or makes a misrepresentation to the
Company before the policy was entered into and if the Company is not
thereby entitled to avoid the contract, the
Company’s liability in respect of any claim shall be reduced to the amount
which would place the Company in the position in which it
would have been if this failure had not occurred or the misrepresentation
had not been made.
PROFESSIONAL
INDEMNITY
SECTION
TWO
This section of the policy is a “claims made” wording
1. OPERATIVE CLAUSE
In
consideration of the payment of the premium by the Insured the underwriter
named in the schedule (hereinafter called
the “Company”) will indemnify the Insured against any claim or claims
(including all legal costs and
expenses for which the Insured shall become legally liable to the claimant) up
to but not exceeding in the aggregate for all claims under this policy,
the limit of indemnity specified in the schedule arising from breach of
professional duty whether such duty is owed in contract or otherwise in respect
of the Insured’s legal liability arising
from negligent acts, errors or omissions whenever or wherever committed or
alleged to have been committed in connection with The Sport, provided
that the Claim or Claims are:
(i) made against the
Insured during the period of insurance specified in the schedule and,
(ii) immediately
notified in writing to the Company by the Insured during the period of
insurance,
(iii) arising out of any
act, error or omission which occurred subsequent to the Retroactive Date.
2. DEFINITIONS - applicable to Section Two
2.1 “CLAIM” means
(i) any claim made
against the Insured;
(ii) the receipt of
written notice from any person of an intention to make a claim against the
Insured;
irrespective of whether the quantum
is likely to be within or above the amount of the excess specified in the
schedule.
2.2
“CLAIMS MADE” means any Claim made during the actual period of insurance.
2.3
“EXCESS” means the first amount of any Claim the Insured is required to pay.
2.4
“INSURED” means a qualified person appointed by the club, league or association
to act as a
coach/official but only
whilst acting in the scope of their duties in such capacity.
2.5
“KNOWN CIRCUMSTANCES” means any circumstance or circumstances of which the
Insured had
become aware prior to
the policy inception and which the Insured or a reasonable person or the
Insured’s profession would at any
time prior to the policy inception have considered may give rise to a Claim or
Claims against the Insured, as specified in the schedule.
2.6
“QUALIFIED” shall mean that person has appropriate qualifications or
registration or accreditation or
authorisation from The
Insured body.
2.7
“THE SPORT” means that of the club, league or association specified in the
schedule and includes all
official activities
connected with the sport.
2.8
“RETROACTIVE DATE” means the earlier of the retroactive date specified in the
schedule or the date
from which the Insured
has held continuous professional indemnity insurance with the Company.
3. LIMIT OF LIABILITY
The
liability of the Company in respect of any one Claim (including legal expenses)
or aggregate for all Claims under the
policy during the period of insurance shall not exceed the limit of indemnity
specified in the schedule.
4. LEGAL COSTS
The Company will pay all costs, fees and expenses incurred with the prior consent of the Company by the Insured in the defence of settlement of a Claim or Claims made against the Insured but not exceeding in total the limit of indemnity referred to in the schedule.
5. EXCLUSIONS - applicable to Section Two
1. This policy does
not indemnify the Insured against any Claim or Claims:
(a) (i) made or threatened or in any way intimated
prior to the inception date of the policy.
(ii) arising from Known Circumstances
(b) brought about or contributed to by any dishonest, fraudulent, criminal
or malicious act or omission of the
Insured or of any person at any time employed by the
Insured.
(c) arising from the conduct
of any business not conducted for the benefit of or on behalf of the Insured
named
in the schedule.
(d) in respect of the ownership, maintenance, operation or use of any
aircraft, boats, automobiles or vehicles
of
any kind by or in the interest of the Insured.
(e) as a result of the
insolvency, bankruptcy or provisional liquidation or liquidation of the
Insured.
(f) brought against the Insured in the first instance in a court of law
outside the Commonwealth of Australia.
(g) arising from the sale or
supply of goods by or on behalf of the Insured.
(h) arising out of or in respect to any liability assumed by the Insured
under any express warranty, guarantee
or
agreement unless such liability would have attached to the Insured
notwithstanding such express
warranty,
guarantee or agreement.
(i) for or in respect of
libel, slander and discrimination from any cause.
(j) arising from loss or deprivation of or damage to documents.
(k) arising from any act error or omission which occurred outside the
Commonwealth of Australia unless
nominated
in the schedule.
(l) for or arising out of or in respect of any breach of the Trade
Practices Act 1974 or Fair Trading Act 1987
as
amended.
(m)
brought against an Insured arising directly or indirectly out of physical
assault or interference as a
consequence thereof.
(n) brought against the
Insured arising directly or indirectly from the use of non-medically prescribed
drugs.
(o) arising directly or
indirectly from any injury (including emotional distress or mental trauma) loss
or
damage which is actually or allegedly caused by
contributed to by or in any way related to the Acquired
Immune
Deficiency Syndrome (AIDS) or its pathogenic agents and/or any blood related
disease.
(p) for liability directly
or indirectly caused by riots and/or strikes or in consequence of war,
invasion, act of
foreign
enemy, hostilities (whether war be declared or not), civil war, rebellion,
revolution, insurrection,
military or usurped power, nuclear
fission, nuclear fusion or radioactive contamination. This exclusion includes but is not limited to
civil disorders of any kind, to any security measures that may result in the
closure of the venue or the non-access to it, or to the non-participation by
attendees or performers, whether voluntary or compulsory. The word “War” includes undeclared war, civil
war, insurrection, rebellion, revolution,
war-like act by military force or military personnel, destruction or seizure or
use for a military purpose, and including any consequences of any of
these.
(q) where the Insured has,
without the prior written consent of the Company, waived or surrendered any
right,
contribution or indemnity for which the Insured might otherwise have been
entitled.
This policy does not indemnify the Insured
against any liability to pay liquidated, punitive, exemplary or
aggravated
damages.
3. This policy does not indemnify the Insured against
any liability to pay any fines and/or penalties imposed by
law.
4. This policy does not
indemnify the Insured against any liability to pay any trading debts.
5. This policy does not indemnify the Insured against
any liability of the Insured or any principal of the Insured
arising
solely from the duties of the Insured or such principal as a director or legal
officer of any company.
6. This policy does not indemnify the Insured against
any liability caused by or arising out of the discharge,
dispersal, release or escape of Pollutants whatsoever. For the purpose
of this exclusion, Pollutant means
any solid, liquid, gaseous or thermal
irritant or contaminant, including but not limited to smoke, vapour, soot,
fumes, acids, alkalis, chemicals and waste -
waste includes material to be recycled, reconditioned or
reclaimed.
7. Notwithstanding any provision to the contrary
within the policy or any endorsement thereto it is agreed that
the policy excludes death, injury, illness, loss, damage, cost or expense
of whatsoever nature directly or indirectly
caused by, resulting from or in connection with any Act of Terrorism regardless
of any other cause or event contributing concurrently or in any
other sequence to the loss;
For the
purpose of this exclusion, Act of Terrorism means an act, including but not
limited to the use of force or violence
and/or 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) which from its nature or context is done for, or in connection
with, political, religious, ideological, ethnic or similar purposes or reasons,
including the intention to influence any government and/or to put the
public, or any section of the public, in fear.
This exclusion also excludes death, injury, illness, 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 any Act of Terrorism.
8 This policy excludes Claims arising out of relating directly or indirectly from or in consequence of or in any way involving reckless disregard and/or wilful breach of duty of any kind.
CONDITIONS - applicable to Section Two
Procedure 1. All Claims must be notified to the Company
in accordance with the Operative Clause
for defence and regardless
of whether or not the Insured believes the quantum of any such notice
settlement of of
demand is likely to be within the amount of the Excess specified in the
schedule.
Claims
The Insured
shall not, subject always to the provisions of the Insurance Contracts Act,
1984,
admit liability for or settle any Claim or
incur any costs or expenses in connection therewith
without the written consent of the Company,
which shall be entitled at any time to take over
and conduct in the name of the Insured the
defence or settlement of any Claim and which
subject to Condition 7 herein, shall be entitled to Claim
indemnity or contribution, at any time
in the name of the Insured, from any party against whom the
insured may have such rights.
However, if the Insured shall refuse to consent to any settlement
recommended by the
Company and shall elect to contest or continue
any legal proceedings in connection
therewith, the Company’s liability shall not
exceed the amount for which the matter could
have been so settled (less the Excess
specified in the schedule) subject to the aggregate
policy limit plus the costs and expenses incurred up to the date
of such refusal.
Claims 2. The Insured shall use due diligence and do and concur in doing all
things reasonably
co-operation practicable to avoid or diminish any loss hereunder, and shall
immediately give all such
information and assistance to the Company as it may reasonably require to
enable it to
investigate
and to defend the Claim and/or to
enable the Company to determine its liability
under this policy.
The Company
may, on the receipt by them of the notice from the Insured of any request, for
indemnity under this policy, take whatever
action that they consider appropriate to protect
the Insured’s position in respect of the Claim
against the Insured, and such action by the
Company shall not be regarded as in any way prejudicing its
position under the policy and no
admission of the Insured’s entitlement to indemnity under the
policy shall be implied.
Solicitors retained by the Company to act on behalf of the Insured in
relation to any Claim against the Insured shall at all
times be at liberty to disclose to the Company any information obtained in the course of so acting and whether
from the Insured or howsoever, and the Insured hereby waives all Claim
to legal professional privilege which it might otherwise have between itself
and the Company in respect of such information.
Loss or 3. The Insured shall give immediate notice in
writing to the Company should the statutory
Suspension of registration
of Insured person or the club be cancelled, suspended or terminated.
registration
Excess 4. In respect of each and every
Claim against the Insured the amount of the Excess specified
in the
schedule shall be borne by the Insured at their own risk and uninsured. The Company shall
only be liable to indemnify the Insured for the amount beyond the level of the
said Excess up to the amount of the limit of indemnity.
Nevertheless the indemnity for costs and expenses incurred with the
written consent of the Company in the defence or
settlement of Claims shall be subject to the said Excess.
For the purpose of this condition the term “Claim” shall be understood to
mean any and all Claims which are within
the scope of this policy and which arise by reason of the same act, error
or omission.
Queen’s 5.
Counsel
Fraudulent 6.
Claim
Subrogation 7.
Other Insurance 8.
Currency 9.
Proper Law 10. of
the Policy
Cancellation 11.
The
Company shall not require the Insured to contest any legal proceedings in
respect of any Claim against the Insured, nor
shall the Insured require the Company to contest, on its behalf, any
legal proceedings in respect of any such Claim unless a Queen’s Counsel (to be mutually agreed upon by the Insured and the
Company) shall advise that such proceedings should be contested. In
formulating his advice Counsel shall take into consideration the economics of the matter, having regard to the
damages and costs which are likely to be recovered by the plaintiff, the likely costs of defence and the prospects
of the Insured successfully defending
the action. The cost of such Queen’s
Counsel opinion shall, for the purposes of this policy, be regarded as
part of the costs of defence.
In the event that Counsel advises that, having regard to all the
circumstances the matter should not be
contested but should be settled, providing settlement can be achieved within certain limits which in Counsel’s opinion are reasonable,
then the Insured shall not object to any such settlement and shall immediately
tender to the Company the Excess (or Excesses if more
than one Claim) specified in the schedule.
If
the Insured or any of them shall make any application for indemnity under this
policy, knowing that such application for
indemnity is false or fraudulent, the Insured’s right to indemnity in
respect of such Claim shall be void.
The Company shall be entitled to Claim indemnity or contribution at any
time in the name of
the Insured from any party against whom the
Insured may have rights provided always that
the Company shall not exercise any
subrogation rights of recovery against any employee or
former employee of the Insured unless the
Claim has been brought about or contributed to
by the dishonest, fraudulent, criminal or malicious act or
omission of the employee or former
employee.
In the event of a Claim in respect of which indemnity is granted under
this policy and in
respect of which some other person(s) or
entity have taken out a policy(ies) of insurance
with the Company and are also entitled to
indemnity under this policy, the Company shall
only be liable to pay all such insureds under
all such polices in respect of such Claim, an
amount in aggregate not greater than the
largest limit of indemnity of any one of such
policies.
All premiums and Claims (if any) are payable at the place and in the
currency of the country where the
policy was issued.
This
insurance shall be governed by the law of the territory, state or country in
which the policy was issued and whose courts
shall have jurisdiction in any dispute arising hereunder. For the
purpose of this condition the place of issue in the schedule shall be
conclusive.
The Insured may cancel this policy at any time by notifying the Company
in writing. The Company will retain
premium calculated at the Company’s short period rate for the time the policy
has been in force.
The Company may cancel the policy in accordance with the Insurance Contracts Act 1984 (as amended).
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