1
INTRODUCTION
This is your Aro Underwriting Group Ltd Retail Policy, a legal document which sets out the insurance cover you
have requested and which we have agreed to provide.
Please read this Policy carefully, including the Schedule, and ensure you understand it fully. Please contact
your insurance broker immediately if anything needs correcting, or if anything is not clear to you.
The Policy has separate Sections and Sub-Sections for the different types of cover you have purchased. In
each Section there is a Cover clause which, with any Extensions, sets out the initial scope of cover. There are
Exclusions, which exclude certain elements of cover.
Finally there are Conditions, which contain important provisions which you should comply with in order to
avoid potential problems.
There are some Extensions, Exclusions and Conditions that apply to more than one Section or Sub- Section, as
well as those that apply to the whole Policy. The relevant clauses are indicated within the Policy.
The Policy has a “private dictionary” − words with a special meaning are listed in alphabetical order in the
General Definitions Section, and those words always appear in bold type with a capital letter.
CONTENTS
Page
3
INDEMNITY AGREEMENT
4
GENERAL DEFINITIONS
7
GENERAL CONDITIONS
11
GENERAL EXCLUSIONS
16
SECTION 1 – PROPERTY DAMAGE
31
SECTION 2 – BUSINESS INTERRUPTION
36
SECTION 3 – COMBINED LIABILITIES
50
SECTION 4 – DETERIORATION OF REFRIGERATED STOCK
51
SECTION 5 – GOODS IN TRANSIT
54
SECTION 6 – LOSS OF LICENCE
56
SECTION 7-COMMERCIAL LEGAL EXPENSES
79
COMPLAINTS PROCEDURE
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ARO-BRIT-RET-001-(2021)
INDEMNITY AGREEMENT
In consideration of the Insured having paid or agreed to pay the premium, the Company will, subject to the
terms, Exclusions, Conditions, Endorsements, and applicable Limits of Indemnity and Inner Limits of Indemnity
(as shown in the Schedule) of this Policy, indemnify the Insured against all sums as stated in any operative
Section(s) of this Policy, which arises in connection with the Business.
Signed on behalf of the Company
James Bright
Managing Director
Aro Underwriting Group Limited
ARO Underwriting Group Limited is an Appointed Representative of HISL Brokers Limited a company
authorised and regulated by the Financial Conduct Authority under firm reference number 505452 to carry
on insurance distribution activities. ARO Underwriting Group Limited is registered in England and Wales
company number 07491066. Registered office at Sackville House, 55 Buckhurst Avenue, Sevenoaks, Kent,
TN13 1LZ.
CLAIMS MANAGER
The Claims Manager for the purpose of the Claims Conditions is Crawford & Company Adjusters (UK) Ltd
Claim Notification Company: Broadspire
Claim Notification Email:
britukproperty@broadspiretpa.co.uk
Claim Notification Tel. No.:
01908 302 214
Claim Notification Address:
Second Floor, Ashton House, 499 Silbury Boulevard, Milton Keynes. MK9 2AH
To notify a loss, or a circumstance, claim or Impending prosecution etc. under Section 3 email:
britukproperty@broadspiretpa.co.uk
Immediately tell the Police following loss or damage by theft, attempted theft, malicious damage, violent
disorder, riots or civil commotion and obtain the Crime Reference Number
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ARO-BRIT-RET-001-(2021)
GENERAL DEFINITIONS (Applicable to the whole Policy unless otherwise indicated in each Section)
Accidental Damage means sudden and unexpected physical loss, physical damage or physical destruction
occurring at a specific time and place during the Period of Insurance caused by a peril not otherwise
excluded by this Policy.
Bodily Injury shall mean death, injury, illness, or disease; and shall include nervous shock, mental anguish,
and mental illness.
Buildings shall mean:
(a) the buildings of the Premises including outbuildings, Landlord’s Fixtures and Fittings, foundations, walls,
gates, and fences around and pertaining to the Premises;
(b) piping, ducting, cables, wires, and associated control gear, and accessories on the Premises extending
to the public mains but only to the extent of the Insured’s responsibility;
(c) yards, car parks, roads, and pavements which partly or wholly serve to supply the Premises.
Business shall mean the business described in the Schedule. For the purposes of Section 3 – Combined
Liability it shall also include:
(a) the ownership, including repair, maintenance, or use, of Premises;
(b) the provision and management of canteen, social, sports, and welfare organisations, for the benefit of
Employees;
(c) the provision and management of security, fire, first aid, and ambulance services;
(d) private manual work carried out with the consent of the Insured, for any director, partner, or senior
official, of the Insured, by any Employee.
Business Hours shall mean the Insured’s usual office hours and the working hours, including overtime, during
which the Insured, their principals, or Employees, entrusted with the Insured’s Money are on the Premises or
at sites of contract for the purpose of the Business.
Company shall mean Brit Syndicate 2987 at Lloyd’s as Insurers of your Policy and Aro Underwriting Group
Limited, who are authorised to underwrite and administer your Policy on behalf of Brit Syndicate 2987.
Computer Equipment shall mean computers and all other equipment used for the storage and
communication of electronically processed data including interconnecting wiring, fixed discs, and other
data carrying Media, software and telecommunications, but excluding any equipment used in the control
of a manufacturing process.
Damage means physical loss, physical damage or physical destruction occurring during the Period of
Insurance and caused by a peril insured under this Policy.
Employee shall mean:
(a) any person under a contract of service or apprenticeship with the Insured;
(b) (i)
any labour master or labour only sub- contractor or person supplied by any of them;
(ii)
any self-employed person;
(iii)
any person under a contract of service or apprenticeship with another employer, and who is hired
to, or borrowed by, the Insured;
(iv)
any person participating in any Government or otherwise authorised work experience, training,
study, exchange, or similar scheme;
(v)
any voluntary persons;
while engaged in work for the Insured in connection with the Business.
Excess means the amount for which the Insured shall be responsible and which shall be deducted from
each and every claim.
Fixtures, Fittings and Furniture means trade and office fixtures, fittings, furniture, blinds, signs and all other
trade contents used in connection with the Business being the property of the Insured or for which the
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ARO-BRIT-RET-001-(2021)
Insured is legally responsible but excluding property more specifically insured, Money , computing,
communication and photographic equipment, glass other than that insured by Section 1 – Sub-Section 2,
Target Stock, Personal Effects, tenant’s improvements and Landlord’s Fixtures and Fittings.
Insured shall mean the person or persons or corporate body named in the Schedule and includes
(a) any subsidiary company which is named in the Policy Schedule operating in or from premises in the
Territorial Limits.
(b) at the written request of the Insured
(i)
any director or Employee of the Insured while acting on behalf of or in the course of his
employment or engagement by the Insured in respect of liability for which the Insured would have
been entitled to indemnity under this Insurance if the claim against any such person had been
made against the Insured
(ii)
any officer member or Employee of the Insured’s social sports or welfare organisation or fire first
aid or ambulance service in his respective capacity as such
(iii)
any director partner or senior official of the Insured in respect of private work carried out by any
Employee of the Insured for any such person with the consent of the Insured.
Intruder Alarm Installation means the component parts of the alarm including the means of communication
used to transmit signals.
Keys means devices, implements or instruments designed and intended to operate locking mechanisms.
Landlord’s Fixtures and Fittings means sanitary fittings, air conditioning and central heating systems and
additional fixtures and fittings which form part of the permanent structure of the Building.
Money means current legal currency, crossed and uncrossed bankers drafts, national giro drafts and
payment orders, postal and money orders, dividend warrants and cheques other than pre-signed blank
cheques, travellers cheques, national savings stamps and certificates, bus and rail travel cards and passes,
telephone cards, current postage stamps and unused postal franking machine units, luncheon vouchers,
gift tokens, trading stamps, national insurance stamps and stamped or impressed national insurance cards,
holiday with pay stamps, premium bonds, VAT purchase invoices, credit card, cheque card and debit card,
sales vouchers, savings stamps, consumer redemption vouchers and National Lottery ‘Instants’ and other
scratch cards, all pertaining to the Business and belonging to the Insured or for which the Insured is legally
responsible, holiday with pay stamps, premium bonds, VAT purchase invoices, credit card cheque card and
debit card sales vouchers and consumer redemption vouchers.
Offshore shall mean from the time of embarkation by an Employee onto a conveyance at the point of final
departure, to either an offshore installation or vessel, until disembarkation by an Employee from a
conveyance onto land upon return from either an offshore installation or vessel.
Period of Insurance means the period stated in the Schedule or any other period for which the Company
has agreed to accept and for which the Insured has paid or agreed to pay a premium.
Personal Effects means personal effects, clothing, tools and pedal cycles not otherwise insured belonging to
directors, partners, employees, customers and visitors.
Pollutants shall mean any solid, liquid, gaseous, or thermal irritants, smoke, vapour, soot, fumes, acids, alkalis,
chemicals, waste, or other substances or contaminants, moulds or other fungi (including but not limited to
mildew or mycotoxins or spores or any other substance or product produced or released by moulds or
fungi); which actually or are alleged to adversely affect land, water, atmosphere, property, buildings, other
structures, or people, animals, plants, and all other living organisms, or the general environment.
Pollution Hazard shall mean:
(a) actual, alleged, or threatened:
(i)
ingestion, inhalation, absorption, release, escape, discharge, dispersal, seepage of, contact with,
or exposure to, Pollutants;
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ARO-BRIT-RET-001-(2021)
(ii)
subsequent spread, migration, or movement of Pollutants following (i) above;
(b) the costs of cleaning up, containing, treating, detoxifying, neutralising, removing, monitoring of, or
testing for, Pollutants and their effects, whether or not these are performed by the Insured or third
parties.
Premises means that part of the Buildings, situated at the risk address or locations stated in the Schedule,
occupied by the Insured for the purposes of the Business.
Stock means stock and materials in trade and work in progress all pertaining to the Business, being the
property of the Insured or held by the Insured in trust or on commission for which the Insured is legally
responsible but excluding property more specifically insured and Target Stock.
Target Stock means tobacco, cigarettes, cigars, wines, spirits, jewellery, watches, precious metals and
stones, non-ferrous metals, computer games and discs, compact discs, cassettes, audio, television, video
and photographic equipment, computer hardware software and ancillary equipment and clothing, all
pertaining to the Business, as shown in the Schedule, being the property of the Insured or held by the
Insured in trust or on commission for which the Insured is legally responsible but excluding property more
specifically insured.
Tenant’s Improvements means tenant’s improvements, alterations and decorations, as shown in the
Schedule but excluding glass other than that insured by Section 1 – Sub-Section 2.
Territorial Limits means Great Britain, Northern Ireland, the Isle of Man or the Channel Islands.
Terrorism shall mean any action, threat of action, or attempt at action, by any individual(s) or group(s) of
individuals or body or organisation(s), whether acting alone, on behalf of, or in concert with any other body,
organisation, or government, where such action, threat, or attempt is designed to influence, intimidate, or
coerce, any government or international governmental organisation or the population or any section of the
population, or any community, and the action, threat, or attempt, is made for the purpose of advancing a
political, religious, or ideological cause.
Terrorism includes but shall not be limited to:
(a) the use of violence against any person;
(b) the causing of loss of, or damage to, property;
(c) acts which endanger a person’s life;
(d) acts involving the use of biological or chemical materials or weapons, or any nuclear device, nuclear
material, or radioactive substance;
(e) acts which create a risk to the health of an individual, the public, or any section of the public;
(f) acts designed or intended to interfere with, disrupt, or cause the malfunction of, any electronic or
mechanical equipment.
Unattended Vehicle means any vehicle left without the Insured or an Employee or a responsible adult
remaining therein.
Unoccupied means empty, vacant, unattended or no longer in use for a period of 30 consecutive days or
longer.
Working Day of the Driver means the period in any day during which a vehicle is being used for purposes in
connection with the Business.
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ARO-BRIT-RET-001-(2021)
GENERAL CONDITIONS (Applicable to the whole Policy unless otherwise indicated)
1.
Adjustment
If the premium for this Policy or any Section or item thereof has been based wholly or partly on any
estimate given by the Insured then the Insured must keep an accurate record of all the relative
particulars and such record must at all times be available for examination by the Company.
Within three months of the expiry of the Period of Insurance (unless stipulated otherwise in any Section)
the Insured must supply to the Company such particulars as the Company may require and the
premium for such expired period shall then be adjusted and the difference shall be paid by or returned
to the Insured as the case may be subject to the retention by the Company of any minimum premium
under this Policy or any Section thereof.
2.
Duty of Fair Presentation
In the event of a breach of the duty of fair presentation the provisions of Section 8 and Schedule 11 of
the Insurance Act 2015 shall apply.
3.
Cancellation
The Company may cancel this Policy or any Section by sending a recorded delivery letter to the last
known address of the Insured giving
(a) seven days’ notice in the event of non-payment of any premium instalment on its due date
(b) seven days’ notice in other circumstances when the Company may refund a proportionate part of
the unexpired portion of the premium.
4.
Change in risk
This Policy shall be voidable from the date of the change if:
(a) the Insured’s interest ceases other than by death; or
(b) the Business be wound up or carried on by a liquidator or receiver or permanently discontinued; or
(c) any alteration be made either in the Business or in the Premises or in any property therein or in any
other circumstances which may increase the possibility of loss, destruction, damage or injury
covered by this Policy.
at any time after the commencement of this insurance unless the Company has agreed in writing to its
continuance.
5.
Claims
It is a condition precedent to the liability of the Company that on the happening of any event which
could result in a claim under this Policy (disregarding any deductible) the Insured shall:
(a) immediately advise the Company in writing by email or by phone to the Claims Manager whose
details are shown on page 2;
(b) not make any admission of liability or promise of payment without the Company’s written consent;
(c) immediately notify the police following loss, destruction or damage by theft, riot, vandalism or
malicious act or if property be accidentally lost;
(d) in respect of any Damage to the property insured submit, at the Insured’s own expense, a claim in
writing with all such particulars and proofs as may be reasonably required within:
(i)
seven days in the case of Damage caused by riot, civil commotion, strikes, labour disturbances
or malicious persons; or
(ii) thirty days in the case of any other Damage.
(e) inform the Company immediately of any claim being made, or of any impending prosecution,
inquest or fatal accident inquiry. Every letter, claim, writ or other document relating to any
accident, claim, prosecution or civil proceedings must be sent to the Company immediately,
unacknowledged; and
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ARO-BRIT-RET-001-(2021)
(f)
give all such information and assistance as the Company may request.
6.
Contracts (Rights of Third Parties) Act 1999
No person, persons, company or other party who is not named as the Insured in this Policy shall have
any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms or conditions of this
Policy. This shall not affect any right or remedy of a third party that exists or is available apart from that
Act.
7.
Death of the Insured
In the event of the death of the Insured the Company shall in respect of liability or loss incurred by the
Insured indemnify the Insured’s personal representatives in the terms of and subject to the limitations of
this Policy, provided that such personal representatives shall as though they were the Insured observe,
fulfil and be subject to the terms and conditions of the Policy as far as they can apply.
8.
Disputes
Provided that liability under this Policy has been admitted, if there is any dispute over the amount to be
paid by the Company the matter shall be referred to arbitration and the arbitrator shall be appointed
by the parties concerned according to the relevant statutory provisions in force at the time under the
law which applies to this Policy. In such a case there shall be no right of action against the Company
until an award is made.
9.
Fraud
If the Insured or anyone acting for the Insured makes a claim under this Policy knowing the claim to be
false or fraudulent in any respect or if any damage is caused by wilful act of or with the connivance of
the Insured the Company shall not pay the claim and may elect to terminate this policy and keep the
premium.
10. Law and Jurisdiction
The parties to this contract of Insurance have the right to choose the law which should apply. In the
absence of any agreement to the contrary the laws of England and Wales shall apply. Each party
agrees to submit to the exclusive jurisdiction of the courts of England and Wales and to comply with all
the necessary requirements to give such courts jurisdiction.
11. Other insurance
If at the time of any loss, destruction or damage or at the time of the occurrence of any incident which
may result in the Insured being held legally liable for the consequences thereof and which is covered
under this Policy, there is any other insurance in force which covers the same loss, destruction, damage
or legal liability, the Company’s liability shall be limited to its rateable proportion.
12. Operation of the Policy
This Policy and its terms, including the Schedule, Definitions, Sections, Sub-Sections, Extensions,
Exceptions, Conditions, and Endorsements, shall be read together as one contract. Any word or
expression to which a specific meaning has been attached in any part of this Policy shall bear that
meaning wherever it may appear unless such meaning is stated only to apply to a specific part of the
Policy.
Headings in this Policy are included for convenience only and do not affect the construction of it.
13. Reasonable care
It is a condition precedent to the liability of the Company that the Insured shall at their own expense:
(a) take all reasonable precautions to prevent loss, destruction, damage, accident or injury;
(b) keep the Premises, Buildings and other maintainable property which is insured by this Policy in a
satisfactory state of repair;
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ARO-BRIT-RET-001-(2021)
(c) comply with all relevant statutory requirements and other regulations imposed by any authority
and manufacturers’ recommendations all relating to the use inspection and safety of property and
the safety of persons;
(d) as soon as possible after discovery, cause any defect or danger to be made good or remedied;
(e) and in the meantime shall cause such additional precautions to be effected as the circumstances
may require; and
(f) exercise due care in the selection and supervision of employees.
14. Reinstatement of sum insured
It is agreed that in the absence of written notice by the Insured or the Company to the contrary, the
Company’s liability shall not stand reduced by the amount of any loss, provided the Insured undertakes
to pay any appropriate premium for such automatic reinstatement of cover and implements
immediately any recommendations made by the Company to prevent further loss, destruction or
damage and effects all repair or replacement work without delay.
15. Rights
In the event of loss, destruction or damage to the property insured the Company shall be entitled to
enter any building where such loss, destruction or damage has happened and to take and keep
possession of such property insured and to deal with the salvage in a reasonable manner and this
Policy shall be proof of leave and licence for such purpose. No property may be abandoned to the
Company.
16. Security
It is a condition precedent to the liability of the Company that the Insured shall ensure that all:
(a) security devices are put into full and effective operation whenever the Premises are closed for
business or left unattended;
(b) Keys and all details of any codes or combinations relating to any part of the Intruder Alarm
Installation and any safe or strong-room be removed from the Premises whenever the Premises are
closed for business or left unattended;
(c) fire break doors and shutters in the Buildings be maintained in efficient working order and that the
openings protected by such doors and shutters be kept clear of obstruction at all times and that all
such doors and shutters other than those fitted with fusible links be kept closed except during
Business Hours; and
(d) alterations or additions to or changes in or removal of security devices be advised to the Company
immediately in writing.
17. Subrogation
Before or after the Company has indemnified the Insured the Company shall be entitled to undertake
in the name of and on behalf of the Insured the absolute conduct, control and settlement of any
proceedings and to take proceedings at its own expense and for its own benefit but in the name of the
Insured to recover compensation or secure indemnity from any third party in respect of anything
covered by this Policy.
18. Underinsurance
Whenever a sum insured is declared to be subject to this underinsurance condition, if the property
insured by such item shall at the commencement of any Damage hereby insured against be
collectively of greater value than such sum insured, then the Insured shall be considered as being his
own insurer for the difference and shall bear a rateable proportion of the loss.
19. Warranty
Every warranty shall from the time the warranty attaches apply and continue to be in force during the
Period of Insurance.
Non-compliance with any such warranty in so far as it increases the risk of loss, destruction, damage or
injury shall be a bar to any claim for such loss, destruction, damage or injury.
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20. Several Liability
The liability of an Insurer under this contract is several and not joint with other insurers party to this
contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly
liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise
responsible for any liability of any other insurer that may underwrite this contract.
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.
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GENERAL EXCLUSIONS (Applicable to the whole Policy)
There is no cover provided by this Insurance in respect of the following:
1.
Radiation. The Company shall not indemnify the Insured under any Section of this Policy against any loss
or liability directly or indirectly caused by, or contributed to, by, or arising from:
(a) ionising radiations, or contamination by radioactivity, from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel;
(b) the radioactive, toxic, explosive, or other hazardous properties of any explosive nuclear assembly
or nuclear component thereof;
but as far as concerns Bodily Injury to any Employee, which arises out of and in the course of his
employment or engagement by the Insured, this exclusion shall apply only in respect of:
(i) liability of any principal;
(ii) liability assumed by the Insured by agreement, which would not have attached in the
absence of such agreement.
2.
Terrorism. The Company shall not indemnify the Insured:
(a) under Sections 1, 2, and 5 against
(i)
any loss occasioned by or happening through or in consequence directly or indirectly of
Terrorism regardless of any other cause or event contributing concurrently or in any other
sequence to the loss
(ii) any loss 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
related to Terrorism.
(b) under Section 3 – Sub-Section 1 Employers Liability, for sums in excess of the Sublimit stated in the
Schedule arising from Terrorism.
(c) under Section 3 – Sub-Sections 2 and 3, against liability arising directly or indirectly in consequence
of Terrorism.
In any action, suit, or other proceedings where the Company alleges that by reason of the provisions of
this exclusion any loss is not covered any Section of this Policy the burden of proving that such loss is
covered shall be upon the Insured.
3.
War. The Company shall not indemnify the Insured under Sections 1 and 2, Section 3 – Sub- Sections 2
and 3, Sections 4,5 and 6 against any loss or liability arising directly or indirectly in consequence of:
(a) war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be
declared or not) civil war, rebellion, revolution, insurrection, sabotage, mutiny, martial law, military
or usurped power
(b) nationalisation, confiscation, requisition, seizure or destruction by any government or any public
authority
(c) any action taken in controlling, preventing, suppressing or in any way relating to (a) and/or (b)
above.
4.
Pollution. The Company shall not indemnify the Insured under Sections 1, 2, 4, 5 and 6 against any loss
caused by Pollution or contamination but this exclusion shall not apply to damage to property insured
caused by:
(a) Pollution, or contamination from a Defined Peril;
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ARO-BRIT-RET-001-(2021)
(b) a Defined Peril resulting from Pollution or contamination.
5.
The Company shall not indemnify the Insured under Section 3 – Sub-Section 2 and 3, against liability
arising directly or indirectly from any Pollution Hazard arising:
(a) in the United States of America and/or Canada and/or their respective possessions or
protectorates;
(b) elsewhere in the World, other than in those countries or territories referred to in (a) above, except
where the Pollution Hazard results from a sudden, accidental, unexpected, and unintended,
identifiable incident that takes place in its entirety at a specific identifiable time and place during
the Period of Insurance.
The indemnity granted shall not extend to Events or claims arising directly or indirectly from any Pollution
Hazard that involves moulds or other fungi (including but not limited to mildew or mycotoxins or spores
or any other substance or product produced or released by moulds or fungi).
6.
The Company shall not be liable for loss, destruction or damage:
(a) to property undergoing any process involving the application of heat
(b) to any electrical machine or apparatus or component thereof occasioned by its over- running,
excessive pressure, short-circuiting or self-heating not resulting in fire
(c) arising from theft or attempted theft where the Insured or any director, partner or employee of the
Insured or any member of the Insured’s family or household be concerned as principal or
accessory
(d) due to theft or attempted theft, malicious damage, leakage of water following bursting or
overflowing of water pipes, water apparatus or water tanks or from any automatic sprinkler
installation, leakage of oil or breakage of glass and sanitary ware
(i)
during any period when the Business has ceased to trade whether the Premises are
unfurnished or otherwise
(ii) whilst the Buildings are unfurnished or untenanted
(e) due to disappearance, unexplained loss, inventory shortage, misfiling or misplacing of information
7.
The Company shall not be liable for loss, destruction or damage or any expense or consequential loss
happening in Northern Ireland occasioned by or happening through or in consequence directly or
indirectly of riot, civil commotion and (except in respect of loss, destruction or damage or any expense
or consequential loss by fire or explosion) strikers, locked out workers or persons taking part in labour
disturbances or malicious persons.
8.
Data. The Company shall not indemnify the Insured:
(a) under Sections 1,2,4,5 and 6 against any loss directly or indirectly caused by or consisting of
unexplained disappearance of information, unexplained or inventory shortage, misfiling or
misplacing of information;
(b) additionally under Section 2 – Business Interruption against any loss directly or indirectly caused by
or consisting of:
(i)
erasure, loss, distortion, or corruption, of information on computer systems or other records,
programs, or software, caused deliberately by rioters, strikers, locked out workers, persons
taking part in labour disturbances, or civil commotions, or malicious persons;
(ii) other erasure, loss, distortion, or corruption, of information on computer systems or other
records, programs, or software, unless resulting from a Defined Peril in so far as it not otherwise
excluded.
9.
System Failure. The Company shall not indemnify the Insured under Section 3 -Sub-Section 2 and 3
against liability associated with, or caused by, a System Failure, if a System Failure forms an identifiable
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ARO-BRIT-RET-001-(2021)
element in the chain of events from which the liability arises, whether or not it is the proximate cause of
the liability.
System Failure shall mean malfunction or non-function of any mechanical and/or electronic system
(whether or not the property of the Insured) caused by:
(a)
(b)
(c)
(d)
the response of a computer to any date or date change; or
the failure of a computer to respond to any date or date change; or
any loss of, damage to, change or corruption in, data or software on a computer system; or
any Virus or Similar Mechanism, or Hacking, or degradation of, or breach of security in, or denial of
access to, a computer system, or website.
10. Sanctions Limitation and Exclusion Clause
The Company shall not provide cover nor shall it be liable to pay any claim or provide any benefit
referred to in this Policy to the extent that the provision of such cover, payment or such claim or
provision of such benefit would expose the Company to any sanction, prohibition or restriction under
United Nations resolutions or trade or economic sanction, laws or regulations of the European Union,
United Kingdom or United States of America.
11. Communicable Disease Exclusion
Notwithstanding any other provision of this Policy to the contrary, the Company shall not indemnify the
Insured under Sections 1 and 2, Section 3 – Sub- Sections 2 and 3, Sections 4,5 and 6 against any loss,
liability, damage, claim, cost, defence cost, expense or other sum, directly or indirectly arising out of,
attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear
or threat (whether actual or perceived) of a Communicable Disease.
For the purposes of this exclusion, loss, liability, damage, claim, cost, defence cost, expense or other
sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test:
(a) for a Communicable Disease, or
(b) any property insured hereunder that is affected by such Communicable Disease.
As used herein, a Communicable Disease means any disease which can be transmitted by means of
any substance or agent from any organism to another organism where:
(a) the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism
or any variation thereof, whether deemed living or not, and
(b) the method of transmission, whether direct or indirect, includes but is not limited to, airborne
transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or
gas or between organisms, and
(c) the disease, substance or agent can cause or threaten damage to human health or human
welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or
loss of use of property insured hereunder.
12. Chemical or biological. The Company shall not indemnify the Insured in respect of any loss, damage,
or liability of any kind whatsoever, directly or indirectly relating to, arising out of or in consequence of
chemical or biological emission, release, discharge, dispersal or escape, or chemical or biological
exposure of any kind.
13. Asbestos. The Company shall not indemnify the Insured in respect of any loss, damage, or liability of
any kind whatsoever, directly or indirectly relating to, arising out of or in consequence of:
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ARO-BRIT-RET-001-(2021)
(a) the actual, alleged or threatened presence of asbestos in any form whatsoever, or any material or
product containing, or alleged to contain, asbestos; or
(b) any obligation, request, demand, order, or statutory or regulatory requirement that the Insured or
others test for, monitor, clean up, remove, contain, treat, neutralize, protect against or in any other
way respond to the actual, alleged or threatened presence of asbestos or any material or product
containing, or alleged to contain, asbestos.
14. Cyber
(a) Notwithstanding any other provision of this Policy to the contrary, the Company shall not provide
cover for any:
(i)
Cyber Loss, unless subject to the provisions of paragraph (b);
(ii) Loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused
by, contributed to by, resulting from, arising out of or in connection with any loss of use,
reduction in functionality, repair, replacement, restoration or reproduction of any Data,
including any amount pertaining to the value of such Data, unless subject to the provisions of
paragraph (c);
regardless of any other cause or event contributing concurrently or in any other sequence thereto.
(b) Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement
thereto, this Policy covers physical loss or physical damage to property insured under this Policy
caused by any ensuing fire or explosion which directly results from a Cyber Incident, unless that
Cyber Incident is caused by, contributed to by, resulting from, arising out of or in connection with a
Cyber Act including, but not limited to, any action taken in controlling, preventing, suppressing or
remediating any Cyber Act.
(c) Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement
thereto, should Data Processing Media owned or operated by the Insured suffer physical loss or
physical damage insured by this Policy, then this Policy will cover the cost to repair or replace the
Data Processing Media itself plus the costs of copying the Data from back-up or from originals of a
previous generation. These costs will not include research and engineering nor any costs of
recreating, gathering or assembling the Data. If such media is not repaired, replaced or restored
the basis of valuation shall be the cost of the blank Data Processing Media. However, this Policy
excludes any amount pertaining to the value of such Data, to the Insured or any other party, even
if such Data cannot be recreated, gathered or assembled.
(d) In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder
shall remain in full force and effect.
(e) This exclusion supersedes and, if in conflict with any other wording in the Policy or any endorsement
thereto having a bearing on Cyber Loss, Data or Data Processing Media, replaces that wording.
Definitions
(f)
Cyber Loss means any loss, damage, liability, claim, cost or expense of whatsoever nature directly
or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any
Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling,
preventing, suppressing or remediating any Cyber Act or Cyber Incident.
(g) Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised,
malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving
access to, processing of, use of or operation of any Computer System.
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ARO-BRIT-RET-001-(2021)
(h) Cyber Incident means:
(i)
Any error or omission or series of related errors or omissions involving access to, processing of,
use of or operation of any Computer System; or
(ii) Any partial or total unavailability or failure or series of related partial or total unavailability or
failures to access, process, use or operate any Computer System.
(i)
Computer System means any computer, hardware, software, communications system, electronic
device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud
or microcontroller including any similar system or any configuration of the aforementioned and
including any associated input, output, data storage device, networking equipment or back up
facility, owned or operated by the Insured or any other party.
(j)
Data means information, facts, concepts, code or any other information of any kind that is
recorded or transmitted in a form to be used, accessed, processed, transmitted or stored by a
Computer System.
(k) Data Processing Media means any property insured by this Policy on which Data can be stored but
not the Data itself.
LMA5400 (Amended)
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ARO-BRIT-RET-001-(2021)
SECTION 1 – PROPERTY DAMAGE
SUB-SECTION 1 – BUILDINGS AND CONTENTS
COVER
The Company shall indemnify the Insured in respect of Damage occurring at the Premises to the property
insured described in the Schedule or any part of such property caused by the following perils
1.
fire (whether resulting from explosion or otherwise) not occasioned by or happening through
(a) its own spontaneous fermentation or heating
(b) earthquake or subterranean fire
2.
3.
lightning
explosion but excluding loss, destruction or damage (other than Damage by fire resulting from
explosion)
(a) caused by or consisting of the bursting of a boiler (not being a boiler used for domestic purposes
only) economiser or other vessel, machine or apparatus in which internal pressure is due to steam
only and belonging to or under the control of the Insured
(b) in respect of and originating in any vessel machinery or apparatus or its contents, belonging to or
under the control of the Insured which requires to be examined to comply with any statutory
regulations unless such vessel, machinery or apparatus shall be the subject of a Policy or other
contract providing the required inspection service
4.
5.
aircraft and other aerospatial devices or articles dropped therefrom.
theft or any attempted theft involving
(a) forcible and violent entry to or exit from the Premises or, when the Buildings only are insured,
forcible and violent entry to or exit from the Buildings
(b) assault or violence or threat thereof to the Insured or any of its employees
but excluding loss, destruction or damage to property from a garden, yard, open space or any open
fronted or open sided building therein
6.
riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances or
malicious persons acting on behalf of or in connection with any political organisation but excluding loss,
destruction or damage caused in Northern Ireland or resulting from cessation of work
7. malicious persons not acting on behalf of or in connection with any political organisation but excluding
loss, destruction or damage by theft or any attempted theft
8. earthquake or subterranean fire
9. impact by any mechanically propelled vehicle (whether the vehicle be licensed for normal road use or
not) or by goods falling therefrom or by animals but excluding loss or destruction of or damage to
property in transit
10. storm but excluding loss, destruction or damage
(a) caused by
(i)
the escape of water from the normal confines of any natural or artificial watercourse, lake,
reservoir, canal or dam
(ii) inundation from the sea, whether resulting from storm or otherwise
(iii) frost, subsidence, ground heave or landslip
(b) attributable solely to change in the water table level
(c) to fences and gates and loose or moveable property in the open
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ARO-BRIT-RET-001-(2021)
11. Flood but excluding loss, destruction or damage
(a) caused by frost, subsidence, ground heave or landslip
(b) attributable solely to change in the water table level
(c) to fences and gates and loose or moveable property in the open
12. bursting or overflowing of water pipes, water apparatus or water tanks but excluding loss destruction or
damage by water discharged or leaking from any automatic sprinkler installation
13. water accidentally discharged or leaking from any automatic sprinkler installation in the Premises or the
Buildings not occasioned by or happening through
(a) freezing whilst the Premises or the Buildings in the Insured’s ownership or tenancy are empty or
disused
(b) explosion, the blowing up of buildings, blasting, earthquake or subterranean fire or heat caused by
fire but excluding loss or destruction of or damage to such installation other than that caused by
water accidentally discharged or leaking from any such installation
subject to the following special conditions
(i)
the Insured shall take all reasonable steps to prevent frost and other damage to any such
automatic sprinkler installation and to prevent the freezing of water in any part of such
installation and so far as his responsibility extends to maintain all such installations including the
automatic external alarm signals in efficient working condition and in the event of any
discharge or leakage from any such installation the Insured shall do and permit to be done all
things practicable whether by removal or otherwise to save and protect the property insured
(ii) when any changes, repairs or alterations to any such automatic sprinkler installation are
proposed written notice thereof is to be given to the Company and its agreement obtained in
writing
(iii) the Company shall have access to the Premises and the Buildings at all reasonable times for
the purposes of inspection and if the Company notifies the Insured of defects in the
construction or condition of any automatic sprinkler installation requiring alteration or repair
the Company may also at its option by notice in writing suspend this insurance until such
alterations or repairs be made and approved by the Company
14. breakage or collapse of television or radio aerials, aerial fittings or masts or satellite receiving
equipment but excluding loss, destruction or damage caused by erection, dismantling, repair or
maintenance thereof
15. leakage of oil from any fixed installation
16. falling trees or branches but excluding loss, destruction or damage
(a) caused by felling or lopping carried out by or on behalf of the Insured
(b) to fences and gates and loose or moveable property in the open
17. Accidental Damage but excluding
(a) loss, destruction or damage caused by or specifically excluded from the perils 1-16 above
(b) wear, tear or depreciation or diminution in value
(c) loss, destruction or damage caused by or arising from
(i)
frost, subsidence, ground heave or landslip or from settlement or bedding down of new
structures
(ii) collapse or cracking of Buildings
(iii) inherent vice, latent defect, defective design, plan or specification or the use of faulty
materials
(iv) faulty or defective workmanship operational error or omission on the part of the Insured or any
employee of the Insured
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ARO-BRIT-RET-001-(2021)
(v) marring, scratching, denting or mechanical or electrical defect, failure, breakdown or
derangement
(vi) atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust,
corrosion, woodworm, moths, insects, vermin or pests
(vii) any process involving heating, drying, cleaning, dyeing, staining, repairing, restoring,
renovating, fitting, installation, testing, commissioning, alteration or maintenance of any
property
(viii) use of any article contrary to manufacturers’ instructions
(ix) change in temperature, colour, flavour, texture or finish
(d) loss, destruction or damage to fences and gates and loose or moveable property in the open
(e) breakage of glass insured by or specifically excluded from Sub-Section 2 - Glass.
LIMITS OF LIABILITY
The Company’s liability in respect of any one occurrence shall not exceed the sum insured against
each item in the Schedule nor in all the aggregation of the sums insured by this Sub- Section.
INFLATION PROTECTION
The sums insured in the Schedule are declared to be subject to this Inflation Protection Clause, are
index linked and shall be adjusted each calendar month in line with the percentage change in the
following indices:
(a) Buildings sum insured - the General Building Cost Index published by the Building Cost Information
Service of the Royal Institution of Chartered Surveyors or suitable alternative index selected by the
Company
(b) Other sums insured - the Producer Price Index issued by the Department of Trade and Industry or
suitable alternative index selected by the Company
Provided that any adjustment made to the sum insured shall be based on the latest figures available to
the Company.
PROTECTION AFTER LOSS
Subject to the provisions of the above Inflation Protection clause the sums insured in respect of any
Buildings or other property insured hereby, which sustain Damage by any peril insured, shall continue to
be index linked following such Damage while the property is being reinstated, provided that the Insured
takes all reasonable steps to ensure that the reinstatement is carried out without undue delay.
BASIS OF CLAIMS SETTLEMENT
Following Damage insured by this Sub-Section and subject to the adequacy of the sums insured and to
the Limits of liability the Company shall pay in respect of
(a) Stock and Target Stock - the cost price of replacing the goods at the time of the Damage
(b) deeds, documents and business books - their value as stationery only together with the cost of
clerical labour expended in writing up and not for the value to the Insured of the information
contained therein
(c) computer systems records - the value of the materials only together with the cost of clerical labour
and computer time expended in reproducing such records (excluding any expense in connection
with the production of information to be recorded therein) and not for the value to the Insured of
the information contained therein, for an amount not exceeding £10,000
(d) patterns, models, moulds, plans and designs - the value of the materials only together with the cost
of labour expended in reinstatement of such property
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ARO-BRIT-RET-001-(2021)
(e) directors’, partners’, employees’, customers’ and visitors’ Personal Effects not otherwise insured the cost of repair or replacement at the time of the Damage after due allowance for wear, tear or
depreciation, for an amount not exceeding, in respect of any one person, £250
(f) rent- the loss of rent payable or rent receivable by the Insured for the term of twelve months or
such other term stated against an Endorsement in the Schedule during any period necessary for
reinstatement or repair as a result of the Buildings or any part thereof being rendered
uninhabitable due to Damage caused by any of the perils insured by this Sub-Section provided
that the Company’s liability for such loss of rent shall not exceed such proportion of the sum insured
on rent as the period necessary for reinstatement or repair bears to the term of rent insured
(g) all other property including Buildings - the cost of repairing or reinstating the property equal to its
condition when new
Provided that
(i) this is carried out without delay and in the most economical manner
(ii) when property is partially Damaged the Company’s liability shall not exceed the estimated
reinstatement cost which would have been payable had it been wholly Damaged.
(iii) until reinstatement has been carried out no payment shall be made beyond the amount
which would be payable if an allowance were made for wear, tear or depreciation
(iv) for the purposes of this sub-paragraph General Condition 18 Underinsurance shall be deemed
to read –
whenever a sum insured is declared to be subject to this underinsurance condition, if at the
time of repair or reinstatement the amount representing the cost which would have been
incurred in repair or reinstatement if the whole of the property insured by any item insured
hereby had been Damaged exceeds the sum insured by such item at the commencement
of the Damage, then the Insured shall be considered as being his own insurer for the
difference and shall bear a rateable proportion of the loss
(v) where for any reason no payment is to be made on the basis of repair or reinstatement as new
(liability being otherwise admitted) then the liability of the Company shall be arrived at as if this
basis of claims settlement had not been incorporated herein and sub-paragraph g) shall then
be deemed to read all other property including Buildings - in the case of Buildings, the value of the Buildings at
the time of the Damage, or the amount of such Damage as the case may be, after due
allowance for wear, tear or depreciation or at its option replace, reinstate or repair the
Damaged property and in the case of all other property, the cost of repair or replacement at
the time of the Damage after due allowance for wear, tear or depreciation
SUB-SECTION 1 EXCLUSIONS
The Company shall not be liable under this Sub-Section for
1.
the first £250 of each claim (except in respect of Personal Effects) after the application of the
underinsurance condition
2.
loss, destruction or damage to property stored in any outbuilding or Basement caused by storm, flood,
leakage of oil or water following bursting or overflowing of oil or water tanks, apparatus or pipes or from
any automatic sprinkler installation, unless such property is raised at least 100mm above the ground
floor level of the outbuilding or the floor level of the Basement as used in this Exclusion 2. means any
storey of the Buildings which is partially or wholly below ground level.
loss, destruction or damage caused by theft or attempted theft occurring outside Business Hours to any
till or cash register unless its drawer has been left in an open position
loss or destruction of or damage to property which, at the time of the happening of such loss or
destruction or damage, is insured by or would, but for the existence of this Sub-Section, be insured by
3.
4.
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ARO-BRIT-RET-001-(2021)
5.
6.
any marine policy or policies, except in respect of any Excess beyond the amount which would have
been payable under the marine policy or policies had this insurance not been effected
loss of metered gas or water other than that covered by Additional Clauses 12 and 13 of this SubSection
consequential loss of any kind or description (other than loss of rent when such loss is included in the
insurance by this Sub-Section)
WASTE WARRANTY
It is warranted by the Insured that
1.
all combustible trade waste shall be deposited in bags, sacks or bins and removed at least once a
week, as far as is practicable a safe distance from the Buildings
2.
all combustible trade waste shall be removed from the Premises at least once every two weeks.
SUB-SECTION 1 EXTENSIONS
1.
Architects’ and surveyors’ fees
Within the overall limit of the sum insured on Buildings and other property except Stock and Target
Stock, the Company shall pay the cost of architects’, surveyors’, consulting engineers’ legal and other
fees necessarily and reasonably incurred in the reinstatement or repair of the property following
Damage but excluding fees charged for the preparation of any claim.
2.
Capital additions
The insurance by this Sub-Section extends to include:
(a) newly acquired and/or newly erected machinery and plant and Buildings anywhere within the
Territorial Limits in so far as such property is not otherwise insured
(b) alterations, additions and improvements to existing machinery and plant and Buildings at the
Premises but excluding any appreciation in value of such property during the Period of Insurance
Provided that:
(i)
at any one situation or premises the liability of the Company shall not exceed 10% of the sum
insured in the Schedule on such property
(ii) the Insured shall notify the Company of such capital additions as soon as possible and pay the
appropriate additional premium that may be required to provide retrospective cover from the
commencement date of the Insured’s liability for such property
(iii) following such notification the provisions of this clause are fully reinstated
3.
Contract price
In respect of goods sold but not delivered for which the Insured is legally responsible and with regard to
which under the conditions of the sale the sale contract is cancelled by reason of Damage hereby
insured against either wholly or to the extent of the Damage the liability of the Company shall be based
on the contract price and for the purpose of General Condition 18 Underinsurance the value of all
goods to which this clause would in the event of Damage be applicable shall be ascertained on the
same basis.
4.
Contracting purchaser
If at the time of Damage to the Buildings the Insured shall have contracted to sell his interest in such
Buildings and the purchase shall not have been but shall be thereafter completed, the purchaser on
the completion of the purchase if and so far as the Buildings are not otherwise insured by or on behalf
of the purchaser against such Damage shall be entitled to the benefit of this Policy so far as it relates to
such Damage without prejudice to the rights and liabilities of the Insured or the Company under this
Policy up to the date of completion.
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5.
Debris removal costs
(a) The insurance by each item insuring Buildings and other property and the sums insured in respect
thereof extends to include costs and expenses necessarily incurred by the Insured with the consent
of the Company in
(i) removing debris
(ii) dismantling or demolishing
(iii) shoring up or propping
of the portion or portions of such insured property Damaged but excluding any such costs or expenses
incurred in respect of any item insuring Stock or Target Stock
Where Stock or Target Stock is insured the insurance by this Sub-Section extends to include costs and
expenses necessarily incurred by the Insured with the consent of the Company in removing debris of
the portion or portions of such insured property which have been Damaged but the Company’s liability
in respect of Damage to Stock or Target Stock shall not be increased above the respective sum insured
by the operation of this extension.
Provided that the Company shall not be liable under this clause for any such costs or expenses
(a) incurred in removing debris except from the site of such insured property so Damaged and from
the area immediately adjacent to such site
(b) arising from pollution or contamination of property not insured by this Sub-Section.
6.
Exhibitions
This Sub-Section extends to include Damage to property insured whilst within the Premises of any trade
show or exhibition within the territorial limits at which the Insured is participating as an exhibitor,
including whilst in transit thereto and therefrom but excluding theft or attempted theft of the property
insured from any Unattended Vehicle.
The Company’s liability shall not exceed £2,500 during the Period of Insurance.
7.
Extensions
Except where specifically insured the Buildings and contents of
(a) outbuildings, annexes, tanks, bunds, gangways and conveniences
(b) extensions adjoining or communicating with main Buildings described herein are deemed to be
insured under the respective item applying to the main Buildings.
8.
External CCTV equipment and security lighting
This Sub-Section extends to include Damage to external CCTV equipment and security lighting at the
Premises for which the Insured is legally responsible provided that such property is located and fixed in
an inaccessible position.
The Company’s liability shall not exceed £2,500 during the Period of Insurance.
9.
Extinguishment expenses
This Sub-Section extends to include the cost of refilling fire extinguishing equipment used solely as a
consequence of Damage.
The Company’s liability shall not exceed £10,000 during the Period of Insurance
10. Interested parties
Any act or omission by the leaseholder, lessee, mortgagor or the Insured or by any tenant occupying or
using the Buildings which increases the possibility of Damage shall not prejudice the insured interest of
the freeholder, lessor or mortgagee.
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Provided that
(a) such act or omission is entirely without the authority of and is unknown to or beyond the control of
the freeholder, lessor or mortgagee
(b) immediately the freeholder, lessor or mortgagee shall become aware of any such act or omission
they shall give immediate written notice thereof to the Company and pay an additional premium if
required.
11. Landscapes
This Sub-Section extends to include costs and expenses incurred by the Insured with the consent of the
Company in repairing or reinstating Damage to the landscaped gardens and grounds, at the Premises,
caused by fire brigade equipment and personnel in the course of combating fire or any other peril
insured against.
Provided the Insured is legally responsible for the repair or reinstatement of such Damage. The
Company’s liability shall not exceed £2,500 during the Period of Insurance.
12. Loss of metered gas
This Sub-Section extends to include the cost of loss of metered gas for which the Insured is legally
responsible arising from Damage at the Premises.
The Company’s liability shall not exceed £10,000 during the Period of Insurance.
13. Loss of metered water
This Sub-Section extends to include the cost of loss of metered water for which the Insured is legally
responsible arising from Damage at the Premises.
The Company’s liability shall not exceed £10,000 during the Period of Insurance.
14. Non-invalidation
The insurance by this Sub-Section, other than in respect of Damage by theft or any attempted theft,
shall not be invalidated by any act or omission or by any alteration unknown to or beyond the control
of the Insured whereby the risk of loss, destruction or damage is increased.
Provided that immediately the Insured shall become aware of any such act or omission or alteration
they shall give immediate written notice thereof to the Company and pay an additional premium if
required.
15. Public authorities costs
Within the overall limit of the sum insured on Buildings and other property except Stock and Target
Stock and following Damage, the Company shall pay the additional cost of reinstatement necessarily
and reasonably incurred solely to comply with European Community Legislation or building or other
regulations under or framed in pursuance of any Act of Parliament or Bye-Laws of any Public Authority
in respect of:
(a) the Damaged property insured
(b) undamaged portions thereof
excluding:
(a) any cost incurred in complying with such Legislation or regulations
(i) in respect of damage occurring prior to the inception of this Sub-Section
(ii) under which notice has been served upon the Insured prior to the occurrence of any Damage
hereby insured
(iii) for which there is an existing requirement which has to be implemented within a given period
(iv) in respect of property entirely undamaged
(v) not in force at time of loss.
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ARO-BRIT-RET-001-(2021)
(b) the additional cost that would have been required to make good the property Damaged to a
condition equal to its condition when new had the necessity to comply with such Legislation or
regulations not arisen
(c) the amount of any charge or assessment arising out of capital appreciation which may be
payable in respect of the property or by the owner thereof by reason of compliance with such
Legislation or regulations
Provided that
(i)
the work of reinstatement must be completed within 12 months of the date of Damage insured
or within such additional time as the Company may allow and may be carried out upon
another site if such Legislation or regulations so necessitate subject to the liability of the
Company not being increased
(ii) if the liability of the Company under any item of this Sub-Section apart from this clause shall be
reduced by the application of any of the terms and conditions of the Policy then the liability of
the Company under this clause in respect of such item shall be reduced in the same
proportion
(iii) the total amount recoverable under any item insured by this Sub-Section in respect of this
clause shall not exceed:
(a) in respect of any property Damaged 10% of the sum insured
(b) in respect of undamaged portions of property (other than foundations) 10% of the total
amount for which the Company would have been liable had the property been wholly
insured
(iv) the total amount recoverable under any item insured by this Sub-Section shall not exceed its
sum insured
16. Sanitary ware and underground service pipes or cables
This Sub-Section extends to include the cost of reinstatement or repair following Accidental Damage to
(a) fixed sanitary ware and fittings
(b) underground service pipes or cables extending from the public mains to the Premises or the
Buildings.
Provided the Insured is legally responsible for the reinstatement or repair of such damage.
17. Seasonal increase
During the months of November and December and for the seven days either side of and including
each public holiday the sums insured in respect of Stock and Target Stock are increased by 25%
18. Subrogation waiver
In the event of a claim arising under this Sub-Section the Company agrees to waive any rights remedies
or relief to which it may become entitled by subrogation against:
(a) any company standing in the relation of Parent to Subsidiary or Subsidiary to Parent to the Insured
as defined in the Companies Act or Companies (N.I.) Order as appropriate current at the time of
the Damage
(b) any company which is a Subsidiary of a parent company of which the Insured are themselves a
Subsidiary in each case within the meaning of the Companies Act or Companies (N.I.) Order as
appropriate current at the time of the Damage.
19. Temporary removal
This Sub-Section extends to include Damage to the undernoted property insured (other than Stock and
Target Stock) whilst temporarily removed from the Premises to any other premises anywhere within the
territorial limits including transit by road rail or inland waterway
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ARO-BRIT-RET-001-(2021)
(a) computer systems records for an amount not exceeding £1,000
(b) deeds and documents (including stamps thereon) manuscripts plans and writing of every
description and books (written and printed) for an amount not exceeding 10% of the value of such
property
(c) other property (other than Stock and Target Stock) for cleaning renovation repair or other similar
purposes for an amount not exceeding 10% of the sum insured on the item after deducting the
value of any building (other than fixtures and fittings) Stock and Target Stock but excluding
(i) property more specifically insured
(ii) motor vehicles and motor chassis licensed for normal road use
(iii) property held by the Insured in trust other than machinery and plant.
Provided that the Company shall not be liable for loss, destruction or damage
(a) to property in the open
(b) caused by theft unless involving forcible and violent entry to or exit from a Building.
20. Theft damage to the Premises
If this Sub-Section insures Damage by peril 5 then this Sub-Section is extended to include Damage to the
Premises resulting from theft or any attempt thereat involving forcible and violent entry thereto or exit
therefrom.
Provided the Insured is legally responsible for the repair of such Damage.
21. Theft of Keys
If this Sub-Section insures Damage by peril 5 then this Sub-Section is extended to include the cost of
replacing locks or Keys to the Premises or any safe or strongroom therein resulting from loss of Keys
following their theft
(a) involving forcible or violent entry to the Premises or the home of the Insured or any authorised
employee
(b) by hold-up involving assault or violence or threat thereof whilst such Keys are in the personal
custody of the Insured or any authorised employee.
Provided that the Company shall not be liable for the cost of replacing locks or Keys of any safe or
strongroom following theft of the Keys if they are left on the Premises outside Business Hours.
The Company’s liability shall not exceed £1,000 during the Period of Insurance.
22. Trace and access
In the event of Damage at the Premises caused by peril 12 or peril 15 where insured, this Sub-Section
extends to include costs necessarily and reasonably incurred with the consent of the Company in
(a) locating the source of such Damage in order to effect repairs
(b) making good.
The Company’s liability shall not exceed £2,500 during the Period of Insurance.
23. Unoccupied Buildings
Notice is to be given to the Company when any Buildings or portions thereof become Unoccupied by
any authorised person or when any such Unoccupied Building or portion thereof is again occupied and
a suitable additional premium paid if required by the Company.
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ARO-BRIT-RET-001-(2021)
SUB-SECTION 2 – GLASS
SUB SECTION 2 DEFINITION
Glass means plain plate or sheet or wired glass
COVER
The Company shall indemnify the Insured in respect of
1.
(a) Damage to fixed glass at the Premises or in the Buildings together with the necessary cost of
temporary boarding up pending replacement
(b) the reasonable cost of removal or replacement of fixtures and fittings to effect replacement and of
repairing window and door frames as a result of such breakage or damage
2.
3.
breakage at the Premises of fixed mirrors and fixed glass in showcases, counters and display cabinets
Damage to neon and illuminated signs and fixed glass therein.
SUB-SECTION 2 EXCLUSIONS
The Company shall not be liable under this Sub-Section for
1.
2.
3.
4.
5.
6.
7.
8.
9.
the first £250 of each and every claim
any breakage or damage in respect of premises which are unoccupied
glass which was flawed, broken or cracked before the insurance commenced
superficial scratching, chipping or cracking
breakage or damage caused by or occurring through the insufficiency of the foundation or fabric of
the Premises or Buildings in which the glass is situate
breakage or damage due to dilapidation of frames or framework
breakage or damage due to insecure fitting
breakage or damage caused during installation or removal or whilst alterations or repairs are being
effected to the Premises or Buildings
breakage of or damage to
(a) glass in greenhouses
(b) neon and illuminated signs and fixed glass therein
(i)
arising from adjustment, repair, dismantling or erection of any part of the sign or to any part
whilst removed from its normal working position
(ii) arising from mechanical breakdown of the sign or any part thereof
(c) any part of any neon or illuminated sign caused by its own ignition, electrical breakdown or burn
out
(d) tubes in any neon or illuminated sign unless the glass is fractured at the same time
10. consequential loss of any kind or description.
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ARO-BRIT-RET-001-(2021)
SUB-SECTION 2 EXTENSIONS
The cover under this Sub-Section is extended to include the following
(a)
(i)
Damage caused by breakage of glass to any property of the Insured pertaining to the
Business and which is on display in show windows
(ii) loss of Stock or Target Stock which as a result of such breakage of glass shall be condemned or
destroyed as unfit for sale in pursuance of any statutory requirement or by the order of a
competent authority or with the agreement of the Company.
The Company’s liability in respect of any one occurrence shall not exceed £500.
(b) Damage to any alarm foil or other security devices caused by the breakage of glass at the
Premises or in the Buildings.
The Company’s liability in respect of any one occurrence shall not exceed £500.
(c) Damage to any armoured, bent or other special glass or lettering or designs superimposed on glass
The Company’s liability in respect of any one occurrence shall not exceed £1,000.
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SUB-SECTION 3 – MONEY
COVER
The Company shall indemnify the Insured in respect of physical loss of Money occurring within the
Territorial Limits during the Period of Insurance.
SUB-SECTION 3 EXCLUSIONS
The Company shall not be liable under this Sub-Section for
1.
2.
3.
4.
5.
6.
7.
8.
the first £100 of each claim
clerical or accounting errors or shortages due to error or omission
any loss due to the fraud or dishonesty of any director, partner or employee unless the loss is
discovered within seven working days of the date of its occurrence
loss caused by dishonoured cheques or by the use of counterfeit money
loss from any Unattended Vehicle
loss from any coin-operated vending, gaming or amusement machine or payphone unless
specially agreed as insured by an Endorsement shown in the Schedule
loss, destruction or damage caused by theft or attempted theft occurring outside Business Hours to
any till or cash register unless its drawer has been left in an open position
consequential loss of any kind or description
SUB-SECTION 3 EXTENSIONS
The cover under this Sub-Section is extended to include the following
1.
Safes
The cost of repair or replacement, following theft or attempted theft, of any
(a) safe
(b) postal franking machine
(c) security case, bag or waistcoat used to carry Money.
The Company’s liability shall not exceed £2,500 during the Period of Insurance.
2.
Credit Cards
Any amount for which the Insured becomes liable under the terms of issue of any bank charge credit
debit or cash card issued and used only in connection with the Business following fraudulent use by any
unauthorised person
Provided that the Insured reports the loss to the issuing company immediately and to the Police within
24 hours of discovering the loss and has complied with the terms and conditions of issue of the card
The Company’s liability shall not exceed £500 during the Period of Insurance.
LIMITS OF LIABILITY
The Company’s liability shall not exceed the limits stated below in respect of any one occurrence unless
stated differently on the schedule.
1.
Money, whilst
(a) in transit in the personal custody of the Insured or any authorised employee or whilst contained in a
bank night safe £6,000
(b) on the Premises during Business Hours £6,000
(c) on the Premises outside Business Hours contained in locked safes £2,000
(d) on the Premises outside Business Hours not contained in a locked safe £ 250
(e) in the home of the Insured or any authorised employee £ 750
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SUB-SECTION 3 CONDITIONS
It is a condition precedent to the liability of the Company that
(a) a true and complete account shall be kept of all Money in transit and on the Premises and such
record shall be deposited in a secure place other than in any safe containing the Money
(b) during Business Hours any safe shall be kept locked other than when Money or other property is
being placed therein or removed therefrom and the Keys kept in the personal custody of the
Insured or any authorised employee.
(c) outside Business Hours any safe shall be kept locked and its Keys removed from the Premises.
(d) one copy of each completed credit card voucher shall be kept at all times in a secure place
separate from its counterpart.
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SUB-SECTION 4 – PERSONAL ASSAULT
SUB SECTION 4 DEFINITIONS
Insured Person means the Insured or any director, partner or employee of the Insured aged between
16 and 65 years at the time of the assault.
Loss Of Limb means total loss by physical severance of one or more limbs at or above the wrist or ankle
or total and permanent loss of use of any entire limb.
Loss Of Sight means total and irrecoverable loss of sight in one or both eyes permanent total
disablement means permanent and absolute disablement from engaging in or giving attention to
occupation or business of any kind.
Temporary Total Disablement means temporary and absolute disablement from engaging in or giving
attention to usual occupation.
Permanent Total Disablement means disablement which prevents the Insured Person from engaging in
or giving attention to usual occupation and which lasts twelve consecutive months and at the end of
that period is beyond hope of improvement.
COVER
The Company shall pay as compensation to the Insured or the legal personal representative of the
Insured the relevant amount shown below if in the course of the Business an insured person sustains
accidental injury consequent upon robbery or hold up or any attempt thereat occurring within the
Territorial Limits within the Period of Insurance, and such injury directly and independently of any other
cause results within twelve months in death loss or disablement as stated in the table below
Item
Event
Compensation
1
Death
£10,000
2
Loss of limb
£10,000
3
Loss of sight
£10,000
4
Permanent total disablement
£10,000
5
Temporary total disablement
£100 per week
SUB-SECTION 4 EXCLUSIONS
The Company shall not be liable under this Sub-Section for death loss or disablement caused by:
1.
2.
3.
4.
an insured person being under the influence of or being affected by intoxicating liquor or drugs except
drugs taken in accordance with proper medical prescription and directions and not for the treatment
of drug addiction;
pregnancy or childbirth;
any pre-existing physical or mental disability or infirmity, medical condition or chronic or recurring
ailment;
any communicable disease including acquired immune deficiency syndrome (AIDS) or an AIDS related
condition.
SUB-SECTION 4 EXTENSIONS
The cover under this Sub-Section is extended to include Damage to Personal Effects of an insured
person arising in connection with the Business as a direct result of robbery or hold up or any attempt
thereat for an amount not exceeding £250 any one insured person.
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SUB-SECTION 4 CONDITIONS
1.
2.
Compensation shall not be payable for more than one of Item 1-4 in respect of any one insured person.
Compensation shall not be payable for Item 5:
(a) until the end of the period of disablement but the Company shall on request make interim
payments at intervals of not less than four weeks;
(b) for more than 104 weeks from the date of sustaining injury in respect of any one injury.
3.
4.
The total amount payable as compensation under Item 5 shall be deducted from any subsequent
compensation payment under Items 1-4 that follows from the same cause.
An insured person shall as often as required submit to a medical examination on behalf of the
Company at its own expense and in the case of death the Company shall be entitled to have a post
mortem examination conducted at its own expense.
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SECTION 2 – BUSINESS INTERRUPTION
Important Note:
All terms in this section exclude Value Added Tax to the extent that the Insured are accountable to the tax
authorities for Value Added Tax.
Any adjustment made for current cost accounting shall be ignored.
SECTION 2 DEFINITIONS
Damage means physical loss, physical destruction or physical damage during the Period of Insurance by a
peril insured under Section 1, Property Damage and for which Insurers have paid or agreed to pay a loss.
Indemnity Period - the period beginning with the occurrence of the Damage and ending not later than the
maximum indemnity period thereafter during which the results of the Business shall be affected or increases
in the cost of working are incurred in order to resume or maintain the Business following or in consequence
of the Damage maximum indemnity period - twelve months unless otherwise stated in the Schedule
Gross Profit the amount by which the sum of the turnover and the amount of the closing Stock shall exceed
the sum of the amount of the opening Stock and purchases (less discounts), carriage, freight, packaging
and bad debts
Gross Rent Receivable the money paid or payable to you for accommodation and services provided
(including service charges) at the Premises
Outstanding Debit Balances shall mean the total amount outstanding in customers’ accounts as set out in
the Insured’s accounts as at the end of the last calendar month, adjusted for:
(a) bad debts;
(b) amounts debited, or invoiced but not debited, and credited, including credit notes and cash not
passed through the books at the time of the Incident, to customers’ accounts in the period between
the date to which said last statement relates and the date of the Incident; and
(c) any abnormal conditions of trade which had or could have had a material effect on the Business;
so that the figure thus adjusted shall represent as nearly as reasonably practicable those which would have
been obtained at the date of an Incident had the Incident not occurred.
COVER
The amount of loss resulting from interruption of or interference with the Business carried on by the
Insured at the Premises in consequence of any Damage occurring at the Premises to any property
insured used by the Insured at the Premises for the purposes of the Business.
SECTION 2 EXTENSIONS
1.
Outstanding Debit Balances
Cover under this Section is limited to loss sustained by the Insured in respect of Outstanding Debit
Balances due directly to the Incident and the amount payable in respect of any one occurrence shall
not exceed:
(a) the difference between;
(i)
the Outstanding Debit Balances
and
(ii) the total of the amounts received or traced in respect thereof;
(b) the additional expenditure incurred with the previous consent of the Company in tracing and
establishing customers’ debit balances after the Incident.
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Provided that if the Limit of Indemnity is less than the Outstanding Debit Balances the amount payable
shall be proportionately reduced.
The Company’s liability for all loss resulting from interruption of the Business arising during any one Period
of Insurance shall not exceed £25,000 in respect of untraceable or unrecoverable Outstanding Debit
Balances
Further, it shall be a condition precedent to liability that:
(a) the Insured’s books of account or other business books or records in which customers’
accounts are shown shall be kept in a fireproof cabinet or the like; and
(b) any accounting or other business records in which customer accounts are shown that are
stored on Computer Equipment are ‘backed up’ weekly and stored off-site.
2.
Compulsory closure
Interruption of or interference with the Business in consequence of compulsory closure by a public body
authorised to prevent or restrict access to the Premises arising from
(a) foreign or deleterious matter in food or drink sold, supplied or provided at the Premises
(b) the occurrence at the Premises of murder, manslaughter, suicide or rape
(c) defective sanitation equipment or the presence of vermin or pests.
For the purpose of this cover the maximum indemnity period is restated as 3 months.
3.
Contract sites
Interruption of or interference with the Business in consequence of Damage at any location not shown
in the Schedule at which the Insured is contracted to undertake work anywhere within the territorial
limits.
4.
Deeds & documents
Interruption of or interference with the Business in consequence of Damage to plans, deeds, briefs,
manuscripts, books, documents
and office records whilst temporarily removed from the Premises to elsewhere within the territorial limits.
5.
Exhibition sites
Interruption of or interference with the Business in consequence of Damage at any trade fair or
exhibition location not shown in the Schedule at which the Insured are to occupy a stand anywhere
within the territorial limits.
6.
Prevention of access
Interruption of or interference with the Business in consequence of Damage to property within 500
metres of the Premises which prevents or hinders the use of or prevents access to the Premises but
excluding damage to property of any public utility from which you obtain supplies or services.
7.
;
Loss of attraction
Interruption of or interference with the Business in consequence of Damage to property within 500
metres of the Premises which results in a reduction in turnover directly attributable to a fall in the
number of potential customers visiting the area and using the Premises.
No amount shall be payable in respect of this Extension which would otherwise be covered under
Extension 6 – Prevention of access.
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8.
Goods in transit
Interruption of or interference with the Business in consequence of Damage to property insured whilst in
transit by road, rail or inland waterway within the Territorial Limits.
9.
Property temporarily removed
Interruption of or interference with the Business in consequence of Damage to property insured whilst
temporarily removed from the Premises and in transit thereto and therefrom anywhere within Europe.
10. Public utilities
(a) Interruption of or interference with the Business in consequence of Damage to property at any
(i) generating station or sub-station of the public electricity supplier
(ii) land based premises of the public gas supplier or of any natural gas producer linked directly
with them
(iii) land based premises of the public telecommunications supplier or internet service provider
(iv) waterworks or pumping station of the public water supplier within the territorial limits from which
you obtain electricity, gas or water supplies or telecommunication services.
(b) the accidental failure due to Damage of the public supply of
(i)
(ii)
(iii)
(iv)
electricity at the terminal ends of the supply undertaking’s service feeders at the Premises
gas at the supply undertaking’s meters at the Premises
water at the supply undertaking’s main stop cock serving the Premises
telecommunications services at the incoming line terminals or receivers at the Premises in the
territorial limits
but excluding
(a) any failure which does not involve a cessation of supply for at least
(i) 4 hours in respect of the public supply of electricity, gas or water
(ii) 24 hours in respect of the public supply telecommunications
(b) loss resulting from failure caused by
(i)
the deliberate act of any supply undertaking or by the exercise by any such undertaking of its
power to withhold or restrict supply or services
(ii) strikes or any labour or trade dispute
(iii) drought
(iv) other atmospheric or weather conditions, but this shall not exclude failure due to damage to
equipment caused by such conditions
(c) loss resulting from
(i) failure of any satellite
(ii) interference with transmissions to and from satellites resulting from any cause
(iii) failure due to the transfer of your satellite facility to another party
(d) any failure originating from outside the territorial limits.
11. Unspecified customers
Interruption of or interference with the Business in consequence of Damage at the Premises of your
direct customers anywhere within the Territorial Limits.
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12. Unspecified storage sites
Interruption of or interference with the Business in consequence of Damage at any location not shown
in the Schedule at which your property is stored anywhere within the Territorial Limits.
13. Unspecified suppliers
Interruption of or interference with the Business in consequence of Damage at the Premises of your
direct suppliers, manufacturers or processors of components, goods or materials anywhere within the
Territorial Limits.
The Company’s liability shall not exceed the amounts shown in the Schedule
LIMIT OF LIABILITY
The Company’s liability in respect of loss shall not exceed in the aggregate during the Period of
Insurance the sum insured in the Schedule.
BASIS OF CLAIMS SETTLEMENT
Following Damage insured by this section the Company shall pay for the following in respect of any of
the under mentioned items if insured by this section
1.
Gross Profit - loss thereof due to:
(a) reduction in turnover being the amount produced by applying the rate of Gross Profit to the
amount by which the turnover during the Indemnity Period shall fall short of the standard turnover
in consequence of the Damage;
(b) increase in cost of working being the additional expenditure necessarily and reasonably incurred
for the sole purpose of avoiding or diminishing the reduction in turnover which but for that
expenditure would have taken place during the Indemnity Period in consequence of the Damage,
but not exceeding the sum produced by applying the rate of gross profit to the amount of the
reduction thereby avoided less any sum saved during the Indemnity Period in respect of such of
the charges and expenses of the Business payable out of Gross Profit as may cease or be reduced
in consequence of the Damage.
2.
Gross Rent Receivable - loss thereof due to:
(a) loss of Gross Rent Receivable being the amount by which the Gross Rent Receivable during the
indemnity period shall fall short of the standard Gross Rent Receivable in consequence of the
Damage;
(b) increase in cost of working being the additional expenditure necessarily and reasonably incurred
for the sole purpose of avoiding or diminishing the reduction in Gross Rent Receivable which but for
that expenditure would have taken place during the indemnity period in consequence of the
Damage, but not exceeding the amount of reduction in Gross Rent Receivable thereby avoided
less any sum saved during the Indemnity Period in respect of such of the charges and expenses of
the Business payable out of Gross Rent Receivable as may cease or be reduced in consequence
of the Damage.
SECTION 2 EXCLUSIONS
The Company shall not be liable under this section for:
1.
increased metered water charges except where such increased charges are caused by any peril
insured against.
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2.
loss due to:
(a) erasure, loss, distortion or corruption of information on computer systems or other records, programs
or software caused deliberately by rioters, strikers, locked-out workers, persons taking part in labour
disturbances or civil commotion or malicious persons;
(b) other erasure, loss, distortion or corruption of information on computer systems or other records,
programs or software unless resulting from any of the perils 1 to 16 of Section 1 of this Policy in so far
as it is not otherwise excluded.
SECTION 2 CONDITIONS
1.
The insurance provided by this Section shall not apply if the Business be wound up, permanently
discontinued or carried on by a liquidator or receiver.
2.
If at the time of any Damage the sum insured on income be less than the income which it is estimated
would have been earned during the maximum indemnity period had such damage not occurred, then
the amount payable in respect of loss of income and associated additional expenditure shall be
proportionately reduced.
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SECTION 3 – COMBINED LIABILITIES
SECTION 3 DEFINITIONS
Products shall mean any goods or products (including containers labelling instructions or advice provided in
connection therewith) manufactured sold supplied erected repaired altered treated transported serviced
or installed by the Insured in the course of the Business.
Bodily Injury shall mean bodily injury, death, illness, disease or shock causing bodily injury.
Property shall mean material property.
COVER
The Company shall subject to the terms exclusions conditions endorsements and Limits of Indemnity of this
Section indemnify the Insured against
(a) All sums which the Insured shall become legally liable to pay as damages including claimants’ costs
and expenses in respect of accidental Bodily Injury or loss of or damage to Property which arises in
connection with the Business
(b) All costs and expenses incurred by the Insured (save as described in (c) below) with the written consent
of the Company in respect of any claim against the Insured which may be the subject of indemnity
under this Insurance
(c) The payment of legal and other defence fees incurred with the written consent of the Company and to
a limit of £50,000 arising out of any one occurrence for representation of the Insured at:
(i)
any Coroner’s Inquest or Fatal Accident Inquiry in respect of any death and at which an
Employee or principal of the Insured has been requested to give evidence;
proceedings in any Court of Summary Jurisdiction arising out of any alleged breach of statutory
duty resulting in accidental Bodily Injury or loss of or damage to Property
(ii)
which may be the subject of indemnity under this Insurance.
SECTION 3 EXCLUSIONS
The Company shall not indemnify the Insured in respect of:
1.
any judgement award or settlement made within countries which operate under the laws of the United
States of America or Canada (or to any order made anywhere in the world to enforce such judgement,
award or settlement either in whole or part) unless the Insured has requested that there shall be no such
limitation and has accepted the terms offered by the Company in granting such cover which offer and
acceptance must be signified by specific endorsement to this Insurance.
2.
any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
(i)
ionising radiation 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,
but as far as concerns accidental Bodily Injury to any Employee which arises out of and in the course
of his employment or engagement by the Insured this exclusion shall apply only in respect of:
(i)
liability of any principal;
(ii) liability assumed by the Insured by agreement and which would not have attached in the
absence of such agreement.
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ARO-BRIT-RET-001-(2021)
3.
any liability for punitive multiplied or exemplary damages, fines or penalties.
4.
under Sub-Sections 2 and 3, any liability in respect of:
(a) Bodily Injury sustained by an Employee which arises out of and in the course of his employment or
engagement by the Insured;
(b) loss of or damage to or any costs or expense incurred in repairing replacing removing, rectifying
recalling or making any refund in respect of Products;
(c) liability arising from Products which are used with the Insured’s knowledge in connection with
aircraft watercraft or offshore structures;
(d) Bodily Injury loss damage cost or expense of whatsoever nature directly or indirectly caused by
resulting from or in connection with any component building material that must be removed
encapsulated or otherwise abated because its presence or release is a hazard to human health;
(e) Bodily Injury loss damage cost or expense of whatsoever nature directly or indirectly caused by
resulting from or in connection with any fungus of any kind including but not limited to mildew
mould spores or allergens.
5.
Under Sub-Sections 2 and 3, any liability of whatsoever nature arising directly or indirectly from the
manufacture, supply, installation, storage, ownership, possession, handling, use, repair, removal,
stripping, dismantling, or disposal, of asbestos, lead, formaldehyde, or polychlorinated biphenols, or
other materials, which the Insured knows, or has reason to suspect, contains asbestos or lead or
formaldehyde or polychlorinated biphenols.
6.
any liability which is assumed by the Insured by agreement unless such liability would have attached in
the absence of such agreement.
7.
notwithstanding anything contained in this Insurance to the contrary the Company shall not indemnify
the Insured under Sub-Sections 2 and 3 for any legal liability arising from any negligence act error or
omission malpractice or mistake committed or alleged to have been committed in the provision of
professional services by or on behalf of the Insured. For the purposes of this Insurance professional
services includes but is not limited to advice opinion plans reports the preparation or approval of maps
drawings surveys designs specification or formulae or inspections whether for a few or not.
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ARO-BRIT-RET-001-(2021)
SECTION 3 EXTENSIONS
1.
Indemnity to principal
The Company shall subject otherwise to the terms exclusions conditions and endorsements of this
Insurance indemnify any principal under Sub-Sections 1 and 2 against liability in respect of Bodily Injury
or loss of or damage to Property to the extent that any contract or agreement entered into by the
Insured with any principal so requires.
Provided that:
(a) an indemnity would have been provided had a claim been made against the Insured;
(b) the principal shall observe fulfil and be subject to the terms, conditions and endorsements of this
Insurance as far as they can apply;
(c) the conduct and control of claims is vested in the Company;
(d) the indemnity shall not apply to liability in respect of liquidated damages or under any penalty
clause;
(e) the indemnity granted under Sub- Section 1 shall only apply in respect of liability to any person who
is an Employee of the Insured.
2.
Cross liabilities
If the Insured comprises more than one party the Company shall under Sub-Sections 2 and 3 provide
indemnity to each such Insured in the same manner and to the same extent as if a separate Policy had
been issued to each of them, provided that nothing in this Extension shall increase the liability of the
Company to pay any amount exceeding the Limit of Indemnity of the operative Section(s) regardless
of the number of persons claiming to be indemnified.
3.
Health and Safety at Work Act etc. and corporate manslaughter
The Company shall indemnify the Insured and, at the request of the Insured, any director partner or
Employee of the Insured in respect of legal costs and expenses incurred with the Company’s consent in
the defence of any prosecution or incurred in connection with appeal against conviction arising from
such prosecution under the provisions of:
(a) the Health and Safety at Work Act 1974 or the Health and Safety at Work (Northern Ireland) Order
1978;
(b) the Corporate Manslaughter and Corporate Homicide Act 2007.
Provided that:
(a) the proceedings relate to an offence alleged to have been committed during the Period of
Insurance and in the course of the Business and in connection with a claim in respect of which the
Insured is entitled to indemnity under this Insurance;
(b) the Company shall not provide indemnity in respect of;
(i)
fines or penalties of any kind remedial or publicity orders or prosecution costs imposed as a
consequence of such prosecution
(ii) any circumstances for which indemnity is provided by any other insurance
(iii) proceedings consequent upon a deliberate act by or omission of any person entitled to
indemnity under this Section Extension if the result thereof could reasonably have been
expected having regard to the nature and circumstances of such act or omission
(iv) proceedings which arise out of any activity or risk excluded from this Insurance.
(c) The liability of the Company in respect of all such legal costs and expenses shall not exceed the
sum of £1,000,000 in respect of each and every occurrence of proceedings whether relating to
one or more alleged offences.
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4.
Court attendance costs
In the event of any of the under mentioned persons attending court as a witness at the request of the
Company in connection with a claim in respect of which the Insured is entitled to indemnity under this
Insurance the Company shall provide compensation to the Insured at the following rates per day for
each day on which attendance is required
(a) £250 for the Insured or any of the directors or partners of the Insured
(b) £100 for any Employee
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SECTION 3 CONDITIONS
Conditions Number 1, 2 and 4 are all conditions precedent to liability of the Company under this
Insurance.
1.
The Insured shall
(a) give immediate notice in writing to the Company of anything which may give rise to a claim being
made against the Insured and for which there may be liability under this Insurance
(b) give immediate notice in writing to the Company when any claim is actually made against the
Insured (whether written or oral) and for which there may be liability under this Insurance
(c) advise the Company in writing immediately the Insured has knowledge of any impending
prosecution inquest or fatal accident inquiry in connection with any claim or circumstance notified
under (a) or (b) above.
2.
The Insured shall provide the Company with such particulars and information as the Company may
require in relation to any occurrence or claim notified to the Company and shall forward to the
Company immediately on receipt every letter claim form writ summons and process.
The Company shall be entitled at their discretion to take over and conduct in the name of the Insured
the defence or settlement of any claim and to prosecute at their own expense and for their benefit any
claim for indemnity or damages against any other persons and the Insured shall give all information
and assistance required No admission of liability or offer promise or payment shall be made without the
written consent of the Company.
3.
The Company may at any time at their sole discretion pay to the Insured the maximum sum payable
under this Insurance or any lesser sums for which any claim or claims can be settled and the Company
shall not be under any further liability except for the payment of costs and expenses of litigation
incurred prior to such payment
Provided that in the event of a claim such costs and expenses shall not exceed an amount being in the
same proportion as the Company’s payment to the Insured bears to the total payment made by or on
behalf of the Insured in settlement of the claim or claims.
4.
The Insured shall take all reasonable care to prevent accidents and to maintain the premises plant and
everything used in the Business in proper repair and to employ only competent Employee’s and to act
in accordance with all statutory obligations and regulations The Insured shall forthwith make good or
remedy any defect or danger which becomes apparent or take such additional precautions as the
circumstances may require.
5.
If at the time of any claim there is or but for the existence of this Insurance would be any other Policy of
indemnity or insurance in favour of or effected by or on behalf of the Insured applicable to such claim
the Company shall not be liable under this Insurance to indemnify the Insured in respect of such claim
except beyond the amount which would be payable under such indemnity or insurance had this
Insurance not been effected.
6.
Where the premium is calculated on the statements and estimates furnished by the Insured the Insured
shall keep an accurate record of all relevant particulars and shall allow the Company to inspect such
record at any reasonable time and shall within one month of the expiry of the Period of Insurance
furnish to the Company such information as the Company requires for such expired period and the
premium for such period shall thereupon be adjusted by the Company and the difference be paid by
or allowed to the Insured as the case may be subject to any agreed minimum premium.
7.
The Company may cancel this Insurance by sending seven days’ notice by registered letter to the
Insured at his last known address and in such event the Insured shall become entitled to the return of a
proportionate part of the premium corresponding to the unexpired portion of the Period of Insurance.
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ARO-BRIT-RET-001-(2021)
8.
The Insured shall give the Company immediate notice in writing of any change in circumstances which
may materially affect this Insurance.
9.
If any claim under this Insurance is in any respect dishonest or if any dishonest means or devices are
used by the Insured or any director or partner or anyone acting on the Insured’s behalf to obtain any
benefit under this Insurance then the Company shall be entitled to treat this Insurance as terminated
and the claim will not be payable. The Company may retain all premium paid to date.
10. The Insured shall comply and continue to comply with all risk improvement requirements notified to and
agreed to by or on behalf of the Insured.
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ARO-BRIT-RET-001-(2021)
SUB-SECTION 1 – EMPLOYERS’ LIABILITY
COVER
The Company shall indemnify the Insured against all amounts which the Insured shall become legally
liable to pay as damages in respect of accidental Bodily Injury sustained by any Employee of the
Insured arising out of and in the course of his employment or engagement by the Insured during the
Period of Insurance:
(a) in Great Britain Northern Ireland the Channel Islands or the Isle of Man
(b) Whilst temporarily outside the Countries named in (a) above, provided that such Employee is
ordinarily resident in any of the aforesaid Countries.
RIGHTS OF RECOVERY
The indemnity granted by this Sub-Section is deemed to be in accordance with the provisions of any
law relating to compulsory insurance of liability to Employees in Great Britain, Northern Ireland, the
Channel Islands and the Isle or the Man but the Insured shall repay to the Company all sums paid by
the Company which the Company would not have been liable to pay but for the provisions of such
law.
SUB-SECTION 1 EXCLUSIONS
These apply in addition to the Section Exclusions.
The Company shall not indemnify the Insured under this Sub Section against liability:
(a) for Bodily Injury sustained by any Employee of the Insured
(i)
in respect of which compulsory insurance or security is required to be arranged by the Insured
under the Road Traffic Act 1988 or the Road Traffic (Northern Ireland) Order 1981 or any
subsequent legislation amending or replacing such Act or Order.
(b) for Bodily Injury, loss, cost or expense of whatsoever nature arising directly or indirectly from the
manufacture, supply, installation, storage, ownership, possession, handling, use, repair, removal,
stripping, dismantling, or disposal, of asbestos, or other materials, which the Insured knows, or has
reason to suspect, contains asbestos.
SUB-SECTION 1 EXTENSIONS
These apply in addition to the Section Extensions.
1.
Unsatisfied court judgements
Where a judgement for damages has been obtained by any Employee or the legal personal
representatives of any Employee:
(a) in respect of Bodily Injury sustained by the Employee arising out of and in the course of
employment by the Insured in the Business
(b) against any company or individual operating from or resident in premises within the Territorial Limits
in any court situate in the Territorial Limits
and such judgement remains unsatisfied in whole or in part 6 months after the date of judgement then
at the request of the Insured the Company shall pay to the Employee or the said legal personal
representatives the amount of any such damages and any awarded costs to the extent that they
remain unsatisfied.
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ARO-BRIT-RET-001-(2021)
Provided that:
(a) there is no appeal outstanding
(b) if any payment is made by the Company the Employee or the said legal personal representatives
shall assign the judgement to the Company
(c) Sub-Section 1 is operative at the time that such Bodily Injury is caused
(d) the liability of the Company for damages costs and expenses shall not exceed the amount stated
as the Limit of Indemnity in the Schedule.
LIMIT OF INDEMNITY
The maximum liability of the Company payable under this Sub-Section in respect of any one claim
against the Insured or series of claims against the Insured arising out of one occurrence inclusive of all
costs and expenses shall not exceed in the aggregate the Limit of Indemnity stated in the Schedule
If the Company is required by compulsory insurance regulations to make a payment in respect of Bodily
Injury occurring Offshore then the Limit of Indemnity of £5,000,000 any one occurrence shall apply
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SUB-SECTION 2 – PUBLIC LIABILITY
COVER
The Company shall indemnify the Insured against all amounts which the Insured shall become legally
liable to pay as damages in respect of:
(a) Accidental Bodily Injury to any person
(b) Accidental loss of or damage to Property
(c) Obstruction, trespass, nuisance or interference with any right of way, air, light or water or other
easement
(d) Wrongful arrest wrongful detention false imprisonment or malicious prosecution
occurring anywhere within the Territorial Limits during the Period of Insurance.
SUB-SECTION 2 EXCLUSIONS
These apply in addition to the Section Exclusions.
The Company shall not indemnify the Insured under this Sub Section against liability:
(a) for loss of or damage to Property belonging to the Insured or in the custody or control of the
Insured or of any Employee of the Insured other than:
(i) Personal Effects (including vehicle and their contents) of Employees or visitors
(ii) any premises including their contents not being premises leased or rented to the Insured which
are temporarily occupied by the Insured for the purpose of carrying out work therein or
thereon
(iii) any other Property on which the Insured or any Employee or agent of the Insured is or has
been carrying out work but the Company shall not indemnify the Insured in respect of loss or
damage to that part of any Property being worked upon
(b) arising from the ownership possession or use under the control of the Insured or of any Employee of
the Insured of
(i)
any mechanically propelled vehicle including anything attached to it used in circumstances
where insurance or security is required by any road traffic legislation or where indemnity is
provided by any other Insurance or security
(ii) any craft intended to travel through air or space or other aerial devices hovercraft or
watercraft (other than hand propelled watercraft or sailing craft not exceeding six metres in
length)
(c) caused by any Products after they have ceased to be in the custody or control of the Insured
other than food or drink supplied primarily for the use of Employees or for entertainment purposes
(d) arising from professional advice given separately for a fee or other remuneration by the Insured or
by anyone on the Insured’s behalf or in circumstances where a fee would normally be charged
(e) For the amount of the Excess
(f)
The Company shall not indemnify the Insured under this Sub-Section against liability arising from any
work involving the use, application or intentional generation of any heat, naked flame or spark
undertaken by the Insured away from the Insured’s Premises.
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ARO-BRIT-RET-001-(2021)
SUB-SECTION 2 EXTENSIONS
These apply in addition to the Section Extensions.
1.
Motor vehicles tool of trade risk
Sub-Section Exclusion (b)(i) shall not apply to liability caused by or arising from:
(a) the use of plant as a tool of trade at the Insured’s Premises or on any site at which the Insured is
working
(b) the loading or unloading of any vehicle or the bringing to or taking away of a load from any
vehicle
(c) damage to any building, bridge, weighbridge, road or to anything beneath caused by vibration or
by the weight of any vehicle or its load.
Provided that the Company shall not provide indemnity against liability:
(i)
in respect of which compulsory insurance or security is required under any legislation governing
the use of the vehicle
(ii) for which indemnity is provided by any other insurance.
2.
Motor contingent liability
Notwithstanding Sub-Section Exclusion (b)(i) the Company shall within the terms of this Section
indemnify the Insured in respect of liability for Bodily Injury or damage to Property caused by or arising
from any motor vehicle or trailer attached thereto not belonging to or provided by the Insured being
used by an Employee in the course of the Business
Provided that the Company shall not provide indemnity against liability:
(a) in respect of damage to any such vehicle or trailer or Property conveyed therein or thereon
(b) for which indemnity is provided by any other insurance
(c) caused or arising whilst such vehicle or trailer is:
(i) engaged in racing, pace-making, reliability trials or speed testing or
(ii) being driven by the Insured or
(iii) being driven with the general consent of the Insured or their representative by any person who
to the knowledge of the Insured or other such representative does not hold a licence to drive
such vehicle unless such person has held and is not disqualified from holding or obtaining such
a licence or
(iv) used elsewhere than within the Territorial Limits
3.
Movement of obstructing vehicles
Sub-Section Exclusion (b)(i) shall not apply to liability caused by or arising from any vehicle (not owned or
hired by or lent to the Insured) being driven by the Insured or by any Employee with the Insured’s permission
whilst such vehicle is being moved for the purpose of allowing free movement of any vehicles or
pedestrians.
Provided that:
(a) movements are limited to vehicles parked on or obstructing the Insured’s Premises or any site at
which the Insured is working
(b) the vehicle causing obstruction shall not be driven by any person unless such person is competent
to drive the vehicle
(c) the vehicle causing obstruction is driven by use of the owner’s ignition key
(d) the Company shall not provide indemnity against liability:
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ARO-BRIT-RET-001-(2021)
(i) in respect of damage to such vehicle
(ii) in respect of which compulsory insurance or security is required under any legislation governing
the use of the vehicle.
4.
Defective premises act
The indemnity provided by this Sub-Section shall extend to apply in respect of liability arising under
Section 3 of the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland)
Order 1975 in connection with any premises previously owned or occupied by the Insured for purposes
pertaining to the Business and which have since been disposed of by the Insured.
Provided that the Company shall not provide indemnity against liability:
(a) for which indemnity is provided by any other insurance
(b) for the costs of remedying any defect or alleged defect in such premises.
5.
Leased or rented premises
Sub-Section Exclusion (a)(ii) shall not apply to liability for damage to premises (including their fixtures
and fittings) leased or rented to the Insured.
Provided that the Company shall not provide indemnity against liability assumed by the Insured under
any agreement which would not have attached in the absence of such agreement.
6.
Overseas personal liability
The Company shall within the terms of this Section indemnify:
(a) the Insured
(b) at the request of the Insured
(i) any director partner or Employee of the Insured
(ii) any spouse or child of the persons stated in a) or b) i) above who are accompanying such
persons
in respect of liability incurred by such persons in a personal capacity in connection with an event
occurring in a country outside of the Territorial Limits whilst on a temporary visit to such country in
connection with the Business.
Provided that:
(a) any person entitled to indemnity under this Sub-Section Extension shall as though they were the
Insured be subject to the terms, Exclusions and Conditions of this Insurance insofar as they can
apply
(b) nothing in this Sub-Section Extension shall increase the liability of the Company to pay any amount
exceeding the Limit of Indemnity regardless of the number of persons claiming to be indemnified.
(c) the Company shall not provide indemnity against:
(i) contractual liability
(ii) liability for which indemnity is provided by any other insurance
(iii) liability in respect of damage to Property belonging to or in the custody or under the control of
any person entitled to indemnity under this Sub-Section Extension
(iv) liability in respect of Bodily Injury to any person entitled to indemnity under this Sub-Section
Extension
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ARO-BRIT-RET-001-(2021)
(v) liability caused by or arising from:
(a) the ownership or occupation of land or Buildings
(b) the carrying on of any business, profession, trade or employment
(c) the ownership, possession or use of animals other than domestic dogs or cats.
7.
Data Protection Act
The indemnity provided by this Sub-Section shall extend to apply in respect of compensation for
damage arising out of any claim under Article 82 of the EU General Data Protection Regulation and/or
Section 169 of the Data Protection Act 2018 not otherwise insured hereunder and first made against the
Insured during the Period of Insurance.
Provided that:
(a) the liability of the Company for damages costs and expenses shall not exceed the amount stated
as the Limit of Indemnity in the Schedule and notwithstanding anything stated in the Schedule or
elsewhere in this Insurance to the contrary the said Limit of Indemnity shall for the purpose of this
Sub-Section Extension apply in respect of the total of all claims during any one Period of Insurance
(b) the Insured has registered in accordance with the terms of the said legislation or has applied for
such registration which has not been refused or withdrawn
(c) the Company shall not provide indemnity:
(i) for 10 per cent of each claim subject to a minimum of £500 and a maximum of £5,000
(ii) against liability caused by or arising from a deliberate act by or omission of any person entitled
to indemnity under this Sub-Section Extension if the result thereof could reasonably have been
expected having regard to the nature and circumstances of such act or omission
(iii) for the costs of replacing reinstating rectifying or erasing any personal data
(iv) against liability caused by or arising from any incident or circumstances known to the Insured
at inception of this Sub-Section Extension which may give rise to a claim
(v) against liability caused by or arising from the recording processing or provision of data for
reward or the determining of the financial status of a person
(vi) against contractual liability
(vii) against liability in respect of Bodily Injury to any person or damage to Property.
LIMIT OF INDEMNITY
The maximum liability of the Company payable under this Sub-Section in respect of damages in respect
of any one claim against the Insured or series of claims against the Insured arising out of one
occurrence shall not exceed in the aggregate during the Period of Insurance the Limit of Indemnity
stated in the Schedule.
Any costs and expenses which may be the subject of indemnity under this Insurance shall be payable in
addition to the Limit of Indemnity.
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SUB-SECTION 3 – PRODUCTS LIABILITY
COVER
The Company shall indemnify the Insured against all amounts which the Insured shall become legally
liable to pay as damages in respect of:
(a) Accidental Bodily Injury to any person
(b) Accidental loss of or damage to Property
occurring within the Territorial Limits other than at the Premises of the Insured during the Period of
Insurance and caused by any Products.
SUB-SECTION 3 EXCLUSIONS
These apply in addition to the Section Exclusions.
The Company shall not indemnify the Insured under this Sub-Section against liability:
(a) caused by or in connection with any Products which to the knowledge of the Insured are for export
to or use in the United States of America or Canada
(b) caused by any Products in the custody or control of the Insured
(c) for the amount of the Excess.
SUB-SECTION 3 EXTENSIONS
These apply in addition to the Section Extensions.
1.
Consumer protection act and food safety act
The Company shall provide indemnity to the Insured and at the request of the Insured any director
partner or Employee of the Insured in respect of legal costs and expenses incurred with the Company’s
written consent in the defence of any criminal proceedings brought for a breach of Part II of the
Consumer Protection Act 1987 and Sections 7 and 8 of the Food Safety Act 1990 including such legal
costs and expenses incurred in an appeal against conviction arising from such proceedings and
prosecution costs awarded in connection therewith.
Provided that:
(a) the proceedings relate to an offence alleged to have been committed during the Period of
Insurance and in the course of the Business
(b) the Company shall not provide indemnity in respect of:
(i) fines or penalties of any kind
(ii) any proceedings arising from circumstances for which indemnity is provided by any other
insurance
(iii) proceedings consequent upon a deliberate act by or omission of any person entitled to
indemnity under this Sub-Section Extension if the result thereof could reasonably have been
expected having regard to the nature and circumstances of such act or omission
(iv) proceedings which arise out of any activity or risk excluded from this Insurance
(c) the director partner or Employee shall as though they were the Insured be subject to the terms,
Exclusions and Conditions of this Insurance insofar as they can apply.
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LIMIT OF INDEMNITY
The maximum liability of the Company payable under this Sub-Section in respect of damages shall not
exceed the Limit of Indemnity stated in the Schedule during the Period of Insurance.
Any costs and expenses which may be the subject of indemnity under this Insurance shall be payable in
addition to the Limit of Indemnity
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SECTION 4 – DETERIORATION OF REFRIGERATED STOCK
COVER
The Company shall indemnify the insured in respect of Damage to refrigerated Stock at the Premises
contained in any refrigeration unit, caused by deterioration or putrefaction due to:
1.
a rise or fall in temperature in the refrigerated chamber of any such unit resulting from
(a) breakdown of or Accidental Damage to its refrigerating plant or associated thermostatic or other
control devices
(b) failure of the public electricity supply unless due to a deliberate act of the public electricity supply
authority or the exercise by any such authority of its power to withhold or restrict supply.
2.
contamination by the escape of refrigerant fumes.
LIMIT OF LIABILITY
The Company’s liability in respect of any one occurrence shall not exceed the sum insured stated in the
Schedule.
INFLATION PROTECTION
The sum insured by this Section is index linked and shall be adjusted each month in line with the
percentage change in the Producer Price Index issued by the Department of Trade and Industry or
suitable alternative index selected by the Company.
Provided that any adjustment made to the sum insured shall be based on the latest figures available to
the Company.
SECTION 4 EXTENSIONS
During the months of November and December and for the seven days either side of and including
each public holiday the sum insured by this Section is increased by 25%.
BASIS OF CLAIMS SETTLEMENT
Following Damage insured by this Section and subject to the adequacy of the sum insured and to the
Limit of liability the Company shall pay the cost price of replacing the goods at the time of the
Damage.
SECTION 4 EXCLUSIONS
The Company shall not be liable under this Section for:
1.
refrigerated Stock contained in any refrigeration unit
(a) which is more than ten years old at the commencement of any Period of Insurance
(b) which is more than five years old and not the subject of an annual maintenance contract with a
competent refrigeration engineer or company at the commencement of any Period of Insurance.
2.
3.
consequential loss of any kind or description.
the first £100 of each claim after the application of the underinsurance condition.
UNDERINSURANCE
The sum insured by this Section is subject to General Condition 18 Underinsurance.
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SECTION 5 – GOODS IN TRANSIT
SECTION 5 DEFINITIONS
Overnight means between 2100 hours and 0600 hours.
Property means Stock or other property specified in the Schedule belonging to the Insured or for which the
Insured is legally responsible.
Vehicle means any road vehicle together with its trailer or container.
COVER
The Company shall indemnify the Insured in respect of Damageto Property insured whilst in the course of
transit:
(a) in or on any Vehicle owned or operated by the Insured or by an independent road haulier
(b) by rail
(c) by post
within the Territorial Limits including whilst loading and unloading.
SECTION 5 EXCLUSIONS
The Company shall not be liable under this Section for:
1.
2.
3.
delay, loss of market, loss of profit or consequential loss of any kind or description.
breakage of china, glass or other brittle articles unless caused by fire, theft or an accident involving the
Vehicle.
loss or destruction of or damage to:
(a) livestock or other living creatures or organisms or cultures
(b) jewellery, precious metals and stones, non-ferrous metals, bullion, furs, works of art, Money,
securities or stamps
(c) Target Stock other than items in this SECTION 5 EXCLUSIONS 3(b) above unless such Target Stock is
specified in the schedule under 1 Buildings & Contents
(d) explosives or other dangerous goods
unless specified under the Schedule.
4.
loss, destruction or damage caused by:
(a) marring, scratching or denting, mechanical or electrical defect, failure, breakdown or
derangement
(b) atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust,
corrosion, woodworm, moths, insects, vermin or pests.
5.
6.
7.
loss, destruction or damage due to leakage, spillage, contamination or deterioration unless caused by
fire, theft or an accident involving the vehicle.
loss, destruction or damage resulting from faulty packing or labelling.
loss or destruction of or damage to property conveyed in any soft or open topped or soft or open sided
vehicle caused by:
(a) theft or attempted theft unless caused by or arising from theft or attempted theft of the conveying
vehicle
(b) storm or malicious damage.
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ARO-BRIT-RET-001-(2021)
8.
loss, destruction or damage by theft or attempted theft from any:
(a) Unattended Vehicle unless all windows and other openings have been closed, all doors have been
secured and any other protective devices put into full and effective operation
(b) Unattended Vehicle overnight or after the completion of any working day of the driver unless all
windows and other openings have been closed and the vehicle is locked and garaged in a secure
building or is locked and parked in a locked and completely enclosed yard.
9.
the first £100 of each claim.
SECTION 5 EXTENSIONS
The cover under this Section is extended to include the following:
1.
Expenses
The costs and expenses necessarily and reasonably incurred in
(a) the removal of debris following Damage to the Property insured
(b) the transfer of the Property insured to another Vehicle and its delivery to the original destination or
place of collection following fire or an accident involving the Vehicle
whilst the Property insured is being carried in or on any Vehicle owned or operated by the Insured.
The Company’s liability shall not exceed £1,000 in any one Period of Insurance.
2.
Ropes and sheets
Damage to tarpaulins, sheets, ropes, chains, straps and packing materials owned by the Insured or for
which the Insured is legally responsible, whilst being carried in or on any Vehicle owned or operated by
the Insured.
The Company’s liability shall not exceed £1,000 in any one Period of Insurance.
LIMITS OF LIABILITY
The Company’s liability shall not exceed in respect of any one occurrence the respective sums insured
stated in the Schedule for:
1.
all property contained in or on any one Vehicle owned or operated by:
(a) the Insured
(b) an independent road haulier
2.
any one consignment of property in transit by:
(a) rail
(b) post.
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BASIS OF CLAIMS SETTLEMENT
Following Damage insured by this Section and subject to the adequacy of the sums insured and to the
Limits of liability the Company shall pay the cost price of replacing the goods at the time of the
Damage.
CONTRACT PRICE
In respect of goods sold but not delivered for which the Insured is legally responsible and with regard to
which under the conditions of the sale, the sale contract is cancelled by reason of Damage hereby
insured against either wholly or to the extent of the Damage the liability of the Company shall be based
on the contract price and for the purpose of General Condition 18 Underinsurance the value of all
goods to which this clause would in the event of Damage be applicable shall be ascertained on the
same basis.
SECTION 5 CONDITION
It is a condition precedent to the liability of the Company that:
(a) the Insured shall take all reasonable measures to ensure that any Vehicles owned or operated by
them are roadworthy and loaded in a safe and appropriate manner and that all locking and other
protective devices are maintained in good working order.
(b) all Keys to any Unattended Vehicle owned or operated by the Insured shall be removed from such
Vehicle to a place of safety whenever the Vehicle is left loaded.
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SECTION 6 – LOSS OF LICENCE
SECTION 6 DEFINITIONS
Licence means the licence granted for the retail sale of excisable liquor at the Premises.
COVER
The Company shall indemnify the Insured in respect of depreciation in value of the interest of the Insured in
the Premises or the Business resulting from the forfeiture of the Licence under the provisions of the
regulations relating to such Licences or the refusal of the licensing authority to renew the Licence
Provided that such forfeiture or refusal to renew results from causes beyond the control of the Insured.
LIMIT OF LIABILITY
The Company’s liability during the Period of Insurance shall not exceed the sum insured stated against each
item insured in the Schedule.
The Company shall also pay any costs and expenses incurred with the Company’s written consent in
connection with any appeal against the forfeiture of or refusal to renew the Licence.
SECTION 6 EXCLUSIONS
The Company shall not be liable under this Section if:
1.
2.
3.
4.
5.
the Insured is entitled to obtain compensation under the provisions of any Act of Parliament in respect
of any refusal to renew the Licence.
the forfeiture or refusal to renew arises directly from any town or country planning, improvement,
redevelopment or compulsory purchase order or the surrender, reduction or re-distribution of Licences
in connection therewith.
the forfeiture or refusal to renew results from any alteration in the law.
any alterations to the Premises requiring the consent of the licensing or other necessary authority be
made without their approval.
the Premises:
(i) be closed for any period not required by law
(ii) are not maintained in a sanitary condition or satisfactory state of repair.
6.
7.
any direction or requirement of the licensing or other authority shall not be complied with.
the forfeiture of or refusal to renew the Licence be occasioned wholly or partly by or through the
misconduct, connivance neglect or omission of the Insured or by the failure of the Insured to take any
steps necessary for keeping the Licence in force.
SECTION 6 CONDITIONS
1.
It is a condition precedent to the liability of the Company that the Insured shall immediately advise the
Company in writing and supply such additional information and give such assistance as the Company
may reasonably require on becoming aware of any:
(a)
(b)
(c)
(d)
change in tenancy or management of the Premises
transfer or proposed transfer of the Licence
complaint about the Premises or the conduct or control of the Business
proceedings against or conviction of the Insured or the Licence holder of the Premises for any
breach of the licensing laws or other matters whereby the character or reputation of the person
concerned is affected or called into question with respect to his honesty, moral standing or sobriety
(e) alteration in the purpose for which the Premises are used
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ARO-BRIT-RET-001-(2021)
(f)
2.
objection to the application for the renewal of the Licence or any circumstances which may
endanger the renewal of the Licence.
In the event of the Licence being forfeited or renewal being refused it is a condition precedent to the
liability of the Company that the Insured shall
(a) give written notice to the Company within twenty-four hours of becoming aware of such event
stating the grounds upon which the Licence was forfeited or renewal refused
(b) apply if practicable and if required by the Company for the grant of a new Licence for the same or
alternative premises as may enable the Insured to continue the Business in a similar or alternative
form
(c) give all such assistance as the Company may require for the purpose of an appeal against such
forfeiture or refusal to renew.
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SECTION 7- COMMERCIAL LEGAL EXPENSES
Thank you for purchasing Commercial Legal Protection Insurance from Legal Protection Group Limited.
This insurance will provide assistance to pursue or defend your legal rights in a range of common legal disputes
affecting your business including:
•
•
•
•
•
•
Disputes with employees
Health and Safety or criminal prosecutions
Damage caused to your business premises
Pursuit of claims following death or personal injury
Appeals against the loss of your licence to trade
Recovery of outstanding debts
•
•
•
•
•
•
Restrictive covenant disputes
Nuisance or trespass
HMRC investigations into your tax affairs
Jury service and witness expenses
Contractual disputes with suppliers or customers
Access to 24-hour helpline services
This is your Commercial Legal Protection policy document and it provides evidence of the contract between
you and the insurer.
This document forms part of your policy, along with any attaching schedule, endorsement or, where
applicable, a completed proposal form. Together these documents will give you full details of your cover,
which insured incidents are in force and the obligations between you and us and the insurer.
Important note: please also refer to the legal advice requirements for cover to apply under insured incident 2
– Employment Compensation Awards.
Please carefully read all documents and contact the person who sold you this insurance if you have any
queries or if any information is missing, incorrect or needs to be changed. It is important that you inform the
person who sold you this insurance of any inaccuracies or changes as soon as possible as failure to do so
could adversely affect the terms of this insurance, including invalidating this policy or claims being rejected
or not fully paid.
Please keep all documents in a safe place in the event you need to refer to its terms and conditions, use the
Helpline Services or make a claim.
Our obligation to you
In return for you paying or agreeing to pay the premium:
a)
we will provide the cover and benefits shown in your schedule and detailed in this policy wording,
subject to its terms, exclusions, conditions and any endorsements; and
b)
the insurer will pay adviser’s costs and expenses and/or awards of compensation and/or jury service
and witness expenses, up to the limit of indemnity for any one insured incident and, where applicable,
subject to the annual aggregate limit.
Provided that:
(i)
the insured incident arises from your business activity and happens in the territorial limit;
(ii) the insured incident is reported to us as soon as possible and within the period of insurance (if this
insurance is not renewed, any claim must be reported within 14 days of the expiry of the period of
insurance);
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ARO-BRIT-RET-001-(2021)
(iii) the insured incident always has reasonable prospects of success which must be present throughout the
duration of an insured person’s claim; and
(iv) any proceedings or other methods we agree to resolve an insured person’s claim are dealt with by a
court or other body within the territorial limit.
Legal Protection Group Limited and Legal Claims Group Limited Head and Registered Office
8 Pinkers Court, Briarlands Office Park, Gloucester Road, Rudgeway, Bristol BS35 3QH.
Registered in England and Wales. Legal Protection Group Limited company number 10096688. Legal Claims
Group Limited company number 11033103. Website: www.legalprotectiongroup.co.uk
Legal Protection Group Limited (firm reference number 749446) is an appointed representative of Somerset
Bridge Insurance Services Limited (firm reference number 477112). Somerset Bridge Insurance Services Limited
is authorised and regulated by the Financial Conduct Authority.
This Commercial Legal Protection Insurance is underwritten by Alwyn Insurance Company Limited (the
insurer). Further information concerning the insurer can be found in the General information section of this
policy section.
Helpline Services
You have access to the Helpline Services listed below 24 hours a day, 365 days a year. Please note that in
some cases, depending on the type of advice required and time of call, a call back may need to be
arranged (this does not apply to the Counselling Helpline).
If you need to use the Helpline Services, please have ready your policy number or the name of the
organisation who sold you this insurance.
To help us monitor and improve service standards, all calls are recorded, other than those to the Counselling
Helpline.
Commercial Legal Advice Helpline
Provides you with confidential telephone legal advice on commercial legal matters subject to the laws of
the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
To use the commercial legal advice helpline, please call 0344 840 6345.
Commercial Tax Advice Helpline
Provides you with confidential telephone advice on commercial tax matters subject to the laws of the United
Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
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To use the commercial tax advice helpline, please call 0344 840 6345.
Counselling Helpline
Provides your employees and any members of their family who permanently live with them with a
confidential telephone counselling service on matters causing distress. This includes onward referral to
relevant voluntary or professional services who may be able to provide further support.
Access to the telephone counselling helpline is covered by this insurance. However, any costs incurred in
using these onward referral services are not covered.
To use the counselling helpline, please call 0344 840 6344.
Using the Helpline Services, where obtaining legal or tax advice, does not constitute notification of a claim.
Please refer to the What to do if you need to make a claim section described below.
We cannot be held responsible if any of the Helpline Services become unavailable for reasons outside of our
control.
What to do if you need to make a claim
If an insured person is involved in a legal dispute which cannot be resolved by using our Helpline Services and
needs to be reported as a claim under this insurance, please phone our dedicated claims reporting line on
0344 840 6345 which is open 24 hours a day, 365 days a year. All calls are recorded for training purposes.
Please have ready your policy number or the name of the organisation who sold you this insurance.
Please note the following important information:
a) An insured person must report their claim to us on 0344 840 6345 as soon as the insured person becomes
aware of any circumstances which could give rise to a claim under this insurance. You will need to
provide confirmation that any other insured person has your authority to claim.
b) Be ready to provide as much information concerning the claim as possible. This may include details of
employment contracts or agreements entered into with other parties, names and addresses of all
parties involved, expert or medical reports and contact details of any witnesses. We may also ask an
insured person to provide other information relevant to the claim as part of its assessment which may
involve completing a claims form.
c) This is a claims made insurance which means that claims must be notified to us during your period of
insurance. If your policy expires and an insured person’s claim is reported more than 14 days after the
expiry date, we will not be able to assist with the claim.
d) We will not provide cover if the circumstances giving rise to a claim exist before the start date of this
insurance (please refer to General exclusions applying to the whole policy 1)).
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ARO-BRIT-RET-001-(2021)
e) Under no circumstances should an insured person instruct their own lawyer, accountant or legal
representative or incur any costs before we have accepted the claim as the insurer will not pay any
costs incurred without our agreement. Unless it is necessary to start legal proceedings (starting an
action in a court to settle a dispute) or if there is a conflict of interest (where our chosen appointed
adviser cannot act for an insured person as to do so would breach their professional code of conduct),
we will appoint our own appointed adviser to act on the insured person’s behalf if we accept their
claim.
f)
We will always choose the appointed adviser in any claim where the insurer is liable to pay a
compensation award (this means we will always choose the appointed adviser for any claim arising
under insured incidents 1 Employment Disputes, 2 Employment Compensation Awards and 4 d) Data
protection breaches).
g) Once all relevant information has been received, an assessment of an insured person’s claim will be
conducted and we will let the insured person know if we can help. Please note that reasonable
prospects of success must be present throughout
the duration of any claim and cover could be
withdrawn if at any stage reasonable prospects of success no longer exist which could be as a result of
new information emerging regarding the claim or as legal arguments develop.
h) If we are unable to cover an insured person’s claim, then we will explain the reasons why and discuss
any other available methods (which may be at the insured person’s expense) to help achieve a
successful outcome.
Meaning of words and terms
The following words or phrases have the same meaning wherever they appear in this policy section:
adviser’s costs and
expenses
a) Reasonable and necessary costs, fees and disbursements chargeable by the
appointed adviser which have been agreed by us in accordance with our
standard adviser’s terms of appointment.
b) Costs and disbursements incurred by the other party in civil cases if an insured
person is ordered to pay them or pays them with our agreement.
annual aggregate limit
The most the insurer will pay is £1,000,000 in any one period of insurance for
awards of compensation or sums agreed by us under insured incident 2
Employment Compensation Awards.
appointed adviser
The law firm, accountant or other suitably qualified person appointed by us to
act on an insured person’s behalf, under the terms and conditions of this
insurance and in accordance with our standard adviser’s terms of appointment.
business activity
The activities carried out by you, as shown in your schedule.
employee
Any individual contracted to work for you under a permanent full or permanent
part time contract of employment or apprenticeship or an individual who works
under your supervision.
insured incident
An incident or event or the first in a series of incidents or events, arising at the
same time or from the same originating cause, which leads to a claim under this
insurance and where we have agreed to provide cover under the terms and
insured person
conditions of this insurance.
a) You, and at your request:
b) your directors, partners, managers and employees; and
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c) any individuals declared to us by you.
insurer
Alwyn Insurance Company Limited.
limit of indemnity
The most the insurer will pay for any one insured incident (including any
subsequent appeal agreed by us) is £100,000.
period of insurance
The period of time covered by this policy as shown in your schedule and any
further period(s) this insurance is renewed for.
reasonable prospects of
For each insured incident there must always be more than a 50% chance that an
success
insured person will:
a) recover any losses or damages;
b) successfully defend a claim or prosecution;
c) succeed in reducing a sentence, penalty or a fine if they plead guilty in a
criminal prosecution;
d) succeed in enforcing a judgment or obtaining a legal remedy which we have
agreed to; or
e) make a successful appeal or defence of an appeal.
In all cases we or a suitably qualified expert acting on our behalf will assess
whether reasonable prospects of success exist. This assessment will also take into
account whether a reasonable person would wish to pursue such a dispute if this
insurance was not in force.
standard adviser’s terms
A separate agreement we require an appointed adviser to enter into with us. This
of appointment
agreement sets out the appointed adviser’s responsibilities and the amounts the
territorial limit
we, us, our
you, your
insurer will pay the appointed adviser in respect of an insured incident.
a) For insured incidents 4 a) Pre-charge, 4 b) Criminal prosecutions, 7 Personal
Injury, 10 Contract Disputes and 11 Recovery of Undisputed Debts – the
European Union, the United Kingdom of Great Britain and Northern Ireland,
the Isle of Man, the Channel Islands, Norway and Switzerland.
b) For all other insured incidents – the United Kingdom of Great Britain and
Northern Ireland, the Isle of Man and the Channel Islands.
a) Legal Protection Group Limited, who administer and manage this insurance
on behalf of the insurer.
b) Legal Claims Group Limited, who administer all claims under this insurance on
behalf of the insurer.
a) The business, partnership or individual who has purchased this insurance and
is named in the schedule.
b) Any subsidiary or associated companies declared to us.
Both a) and b) must be entities which are registered and located in the United
Kingdom of Great Britain and Northern Ireland.
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Insured incidents
Insured incident 1 – Employment Disputes
What you are covered for
What you are not covered for
Adviser’s costs and expenses to defend you in a
Any claim relating to:
dispute with a current, former or prospective
employee, or an individual who alleges they are
employed by you, following a breach or alleged
breach by you of:
a) a contract of employment or alleged contract
of employment; and/or
b) employment legislation.
(i) redundancy or alleged redundancy or unfair
selection for redundancy which happens in the
first 180 days of the first period of insurance (we
will not apply this exclusion where you had
continuous equivalent legal expenses insurance
immediately before this insurance started);
(ii) disputes arising solely from personal injury.
Please note that we will only consider a claim once
a legal dispute exists and we do not provide
representation throughout any internal disciplinary
or grievance procedures which are conducted
between you and an employee.
Insured incident 2 – Employment Compensation Awards
What you are covered for
What you are not covered for
Where we have accepted your claim under insured
(i)
incident 1 Employment Disputes, the insurer will pay,
subject to the annual aggregate limit:
a) Basic Awards, Compensatory Awards and/or
compensation for breaches of employment
legislation which have been awarded against
you by a court or tribunal; or
b) a sum we have agreed to settle the dispute
which we have considered to be reasonable
and proportional.
Please note that at all times you must have sought
Additional
Awards,
Protective
Awards,
Aggravated Damages or Interim Relief.
(ii) Redundancy payments or monies due or
payable under a contract of employment,
service agreement or related document or from
any related, implied or incorporated terms of a
contract of service.
(iii) Any awards or increased awards following your
failure to comply with a current or previous
recommendation of a court or tribunal or failure
to comply with reinstatement or reengagement orders.
and followed the advice given by our Commercial
following
(iv) Awards of compensation relating to statutory
rights under occupational pension schemes.
• throughout the dispute in all cases relating to
performance and conduct or a breach of
statutory duty under employment legislation;
• before commencing any redundancy process or
procedure.
(v) Awards of compensation due to your failure to
pay the National Minimum Wage.
Legal
Advice
Helpline
in
the
circumstances:
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Failure to seek and follow our advice and guidance
in these instances will result in the insurer not paying
an award of compensation or any sums to settle the
dispute.
Insured incident 3 – Breach of Restrictive Covenant
What you are covered for
What you are not covered for
Adviser’s costs and expenses to pursue your legal
rights in a dispute with a current or former employee
following their breach of a restrictive covenant
expressly
incorporated
into
their
contract
of
employment with you which places restrictions on
that current or former employee:
•
•
•
working for a direct competitor of you in a similar
role or setting up as a direct competitor to you;
contacting your current customers or suppliers
with the intention of taking their business from
you;
contacting your current employees with the
intention of hiring them to work for a direct
competitor of you.
Please note that the restrictive covenant must have
been designed to reasonably and fairly protect your
legitimate business interests and must not contain
any restrictions for periods longer than 12 months.
Insured incident 4 – Defence of Legal Rights
Part 1 – Defending an insured person
What you are covered for
What you are not covered for
Adviser’s costs and expenses to defend an insured
Any claim relating to:
person’s legal rights (only upon your request)
following an event arising from your business activity
which leads to:
a) Pre-charge
an insured person being interviewed by the
Police or other authority with the powers to
(i) an insured person using or driving a motor
vehicle;
(ii) any investigation conducted by or on behalf of
HMRC (this exclusion applies to insured incident
4 a) Pre-charge only);
(iii) hacking, cyber-attack or computer virus which
results in damage, loss, corruption or alteration of
stored personal data (this exclusion applies to
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prosecute where the insured person is suspected
of committing a criminal offence;
insured incident 4 d) Data protection breaches
only).
b) Criminal prosecutions
an insured person being prosecuted in a criminal
court;
c) Professional or regulatory body disciplinary
hearings
a formal investigation or disciplinary hearing
brought against an
insured person by a
regulatory or professional body;
d) Data protection breaches
civil action taken against an insured person by a
data subject for compensation following a
breach of the Data Protection legislation which
is directly applicable in the United Kingdom for
the holding, loss or unauthorised disclosure of
personal data, including a compensation award
the insured person is ordered to pay under the
Data Protection legislation which is directly
applicable in the United Kingdom for the
holding, loss or unauthorised disclosure of
personal data;
Please note that:
(i) where required to do so, you must have
registered your organisation as a data
controller
with
the
Information
Commissioner’s Office, or paid the relevant
Data Protection registration fee and have a
valid registration, before the breach or
alleged breach occurred;
(ii) there is no cover for any fines or penalties
levied by the Information Commissioner’s
Office or by any other criminal or regulatory
body (please refer to General exclusions
applying to the whole policy 3)).
Insured incident 4 – Defence of Legal Rights (continued)
Part 2 – Defending you
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What you are covered for
What you are not covered for
Adviser’s costs and expenses to defend your legal
rights following an event arising from your business
activity which leads to:
e) Wrongful arrest defence
civil action taken against you for wrongful arrest
following an allegation of theft from your
business premises;
f)
Appealing against a Statutory Notice
an appeal against the imposition or terms of a
Statutory Notice served on you by the relevant
authority;
g) Information Commissioner Officer (ICO) Appeals
an appeal against the refusal of the ICO to
register your application for registration.
Part 3 – Defending an employee
What you are covered for
Adviser’s costs and
expenses
What you are not covered for
to defend
an
employee’s legal rights (only upon your request)
following an event arising from your business activity
which leads to:
h)
Unlawful discrimination
civil action taken against an employee under
legislation for unlawful discrimination on the
grounds of age, gender, gender reassignment,
sexual orientation, disability, race or religion or
any other subsequent protected characteristic
defined by Acts of Parliament;
i)
Pension trustee defence
civil action taken against an employee in their
role as a trustee of a pension fund set up for the
benefit of your employees.
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Insured incident 5 – Protecting Your Property
What you are covered for
What you are not covered for
a) Nuisance and Trespass
Any claim relating to:
Adviser’s costs and expenses to pursue or
defend your legal rights in a civil dispute relating
to a legal nuisance or trespass which interferes
with the use or right over land and/or buildings
owned or occupied by you or for which you are
legally responsible.
Please note that where the claim relates to a
dispute over the boundary of your land and/or
buildings, you must be able to supply us with
proof of where that boundary lies.
b) Damage to Property
Adviser’s costs and expenses to pursue your
legal rights following an event which causes
physical damage to:
• land and/or buildings owned or occupied by
you or for which you are legally responsible;
and/or
• material property owned by you for which you
are legally responsible.
(i) a contract you have entered into (other than a
service occupancy licence in respect of insured
incident 5 c));
(ii) compulsory purchase orders, repossession or
planning permissions, building regulations or
restrictions or controls placed on your land
and/or buildings by any government, public or
local authority;
(iii) any work carried out by, or under the order of,
government, public or local authorities or their
contractors (unless the claim is for accidental
physical damage to your land and/or buildings
and/or material property);
(iv) motor vehicles owned or used by or hired or
leased to an insured person (other than damage
to motor vehicles where your business activity is
the selling of motor vehicles);
(v) goods in transit or goods lent or hired out;
(vi) subsidence,
activities.
heave,
quarrying
or
mining
c) Service Occupancy Licences
Adviser’s costs and expenses to pursue your
legal rights to recover possession of premises,
owned by you or for which you are legally
responsible, from a current or former employee.
Insured incident 6 – Tax Investigations and Disputes
What you are covered for
What you are not covered for
a) HMRC Tax Enquiries
Any claim relating to:
(i) tax returns or accounts which contain negligent
misstatements or omissions made by or on your
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Adviser’s costs and expenses to represent you in
a tax investigation and a subsequent appeal
following a formal notice issued by HMRC to
carry out an examination into the whole or
particular features of your Income Tax or
Corporation Tax return.
Adviser’s costs and expenses to represent you in
dispute
with
expression
of
HMRC
following
dissatisfaction
(ii) tax avoidance schemes;
(iii) investigations conducted by HMRC’s Specialist
Investigations Unit or any investigation into
alleged criminal activity, fraud or dishonesty
arising from your business tax affairs;
b) Employers’ Compliance Disputes
a
behalf or where there has been a lack of
reasonable care in the keeping of your business
books and records;
a
formal
with
your
(iv) failure to register for VAT, PAYE or (where the
regulations apply to you) the Construction
Industry Scheme.
compliance with Pay As You Earn, Social
Security, National Insurance Contributions, IR35
or the Construction Industry Scheme legislation
and regulations.
c) VAT Disputes
Adviser’s costs and expenses to represent you in
a dispute with HMRC following their issue of a
written decision, assessment or statement of
alleged arrears or notice of a civil penalty
relating to your VAT affairs.
Please
note
that
all
tax
returns
and
any
supplementary information given must be complete
and correct and submitted within the specified
deadlines.
Insured incident 7 – Personal Injury
What you are covered for
What you are not covered for
Adviser’s costs and expenses to pursue an insured
Any claim relating to illness or injury which develops
person’s (and family members who permanently live
gradually over a period of time or is not caused by a
with them) legal rights following a sudden and
sudden and specific event.
specific event which causes death or bodily injury to
the
insured
person
or
family
members
who
permanently live with them.
Please note that:
(i) we will only provide cover for an insured person
(and members of their family who permanently
live with them) at your request; and
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(ii) claims relating to stress, mental illness, emotional
or psychological injury are only covered if that
condition is caused by a sudden and specific
event which results in physical bodily injury to an
insured person or to members of their family who
permanently live with them.
Insured incident 8 – Jury Service and Witness Expenses
What you are covered for
What you are not covered for
The insurer will pay an insured person’s lost salary or
Any claim where an insured person cannot provide
wages for time taken off work to:
evidence of the extent of their lost salary or wages.
a) perform jury service;
b) attend a court, tribunal, mediation, arbitration,
disciplinary or regulatory hearing at the request
of an appointed adviser in respect of an insured
incident under this policy.
Please note that:
(i) the insurer will only pay sums which cannot be
recovered from the relevant court, tribunal or
any other party, or sums which are not payable
by you; and
(ii) we will only provide this cover for an insured
person if you request that we do so.
Insured incident 9 – Statutory Licence Appeal
What you are covered for
What you are not covered for
Adviser’s costs and expenses in an appeal to the
Any claim relating to the ownership, driving or use of
relevant statutory or regulatory authority, court or
a motor vehicle.
tribunal, following their decision to suspend, cancel,
alter the terms of or refuse to renew a licence or
certificate of registration, which has been issued to
you under statute or statutory instrument or by
Government or Local Authority and which is required
for you to carry out your business activity.
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Please note that we will only provide cover for
appeals and will not help with an application for an
original or renewal of a licence or certificate of
registration.
Insured incident 10 – Contract Disputes
What you are covered for
What you are not covered for
Adviser’s costs and expenses to pursue or defend
Any claim relating to:
your legal rights in a dispute arising from a breach or
alleged breach of a contract entered into by you for
the purchase, sale, hire, hire purchase, lease or
provision of goods or of services.
(i) the sale or purchase of land or buildings or any
lease, tenancy or licence to occupy land or
buildings (other than a dispute with a
professional adviser in connection with such
matters);
Please note that:
(i) the amount in dispute must exceed £200
(including VAT);
(ii) if money is owed to you, all normal credit control
procedures must be exhausted before you notify
us of a claim;
(iii) if the other party has not contested liability, your
claim will instead be considered under insured
incident 11 Recovery of Undisputed Debts (if that
cover is in force).
(ii) disputes
over
pensions,
investments,
guarantees, loans, mortgages, borrowing or any
other arrangement you have with a bank,
building society or supplier of credit;
(iii) motor vehicles owned or used by or hired or
leased to you (other than contract disputes for
the sale of motor vehicles where your business
activity is the selling of motor vehicles);
(iv) disputes over the amount of money or
compensation payable in respect of a claim
under any insurance policy;
(v) disputes with a current or former employee
arising from an actual or alleged contract of
employment;
(vi) computer hardware, software, systems or
services which have either been supplied by
you, or have been custom-made by a supplier
to your specific requirements;
(vii) a breach or alleged breach of professional duty
by an insured person or any error or omission in
any advice given by an insured person.
Insured incident 11 – Recovery of Undisputed Debts
What you are covered for
What you are not covered for
Adviser’s costs and expenses to pursue your legal
Any claim relating to:
rights to recover money and interest due to you
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arising from a breach or alleged breach of a
contract entered into by you for the sale, hiring or
leasing out or provision of goods or of services.
Please note that:
(i) the debt must exceed £200 (including VAT);
(ii) all normal credit control procedures must be
exhausted before you notify us of a claim;
(iii) we must be satisfied that the other party has the
financial means to pay the debt before we
agree to take further action to recover that
debt;
(iv) if the other party contests liability, your claim will
instead be considered under insured incident 10
Contract Disputes (if that cover is in force).
(i) the sale or purchase of land or buildings or any
lease, tenancy or licence to occupy land or
buildings;
(ii) pensions, investments, guarantees, loans,
mortgages,
borrowing
or
any
other
arrangement you have with a bank, building
society or supplier of credit;
(iii) motor vehicles owned or used by or hired or
leased to you (other than contracts for the sale
of motor vehicles where your business activity is
the selling of motor vehicles);
(iv) the amount of money or compensation
payable in respect of a claim under any
insurance policy;
(v) sums owed by a current or former employee
arising from an actual or alleged contract of
employment;
(vi) computer hardware, software, systems
services which have been supplied by you.
or
General exclusions applying to the whole section 7:
There is no cover for:
1) Claims arising before this insurance started
Any event or dispute which an insured person was aware of, or should reasonably have been aware of,
which could give rise to a claim under this insurance and existed or happened before this insurance first
started.
2) Costs incurred and legal action we have not authorised
a) Any adviser’s costs and expenses or other costs incurred:
(i)
before we have accepted a claim; and/or
(ii) which we have not authorised in advance.
b) Any action taken by an insured person which we or the appointed adviser have not agreed to.
3) Fines and court awards
a) Fines, compensation (other than amounts we agree the insurer will pay under insured incidents 2
Employment Compensation Awards and 4 d) Data protection breaches), damages or penalties
awarded against an insured person.
b) Any costs an insured person is ordered to pay by a court of criminal jurisdiction.
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4) Wilful acts
Any claim resulting from an act which is wilfully carried out and the outcome of which is consciously
intended by an insured person.
5) Judicial Review and challenges to legislation
a) Judicial Reviews (reviewing the way a decision has been made by a government authority, local
authority or other public body), coroner’s inquests or Fatal Accident Inquiries.
b) Any challenges to current or proposed legislation.
6) Disputes with us, the insurer or the appointed adviser
Any claim made against us, the insurer or the appointed adviser (please also refer to General conditions
applying to the whole policy 9)).
7) Intra-business disputes
a) Any claim relating to disputes between you (acting in your capacity as the business, partnership or
individual named in the schedule who has purchased this insurance) and any of your subsidiary,
associated or parent companies.
b) Any dispute between shareholders or partners in your business.
8) Franchise or agency rights
Any claim relating to disputes over franchise rights or agency rights.
9) Intellectual property
Any claim relating to patents, copyrights, passing-off, trade or service marks, intellectual property,
registered designs, secrecy and confidential information (other than claims we have agreed to cover
under insured incident 3 Breach of Restrictive Covenant).
10) Libel and slander
Any claim relating to something said or written:
a) about an insured person which may damage the insured person’s reputation;
b) by an insured person which may damage another person’s reputation.
11) Liquidation and insolvency
Any claim where either at the commencement of or during that claim, you have entered into liquidation,
receivership, administration, become insolvent, are declared bankrupt or file for bankruptcy, or enter into
a voluntary arrangement or deed of arrangement.
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12) War, terrorism, radioactive contamination and pressure waves
Any claim resulting directly or indirectly from or in connection with:
a) war, terrorism, invasion, act of foreign enemy, hostilities or warlike operations (whether war be
declared or not), civil war, rebellion, revolution, insurrection, uprising, military or usurped power;
b) ionising radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from
the combustion of nuclear fuel;
c) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component of it;
d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed.
General conditions applying to the whole section 7
An insured person must keep to these conditions as failure to do so may lead to us refusing a claim,
withdrawing from a claim or cancelling this insurance (please refer to condition 11).
1)
An insured person’s obligations
An insured person must:
a) keep to the terms and conditions of this policy;
b) take all reasonable precautions to prevent or minimise the risk of a claim occurring under this policy
and to avoid incurring any unnecessary costs; and
c) supply us with honest and accurate information when asked to do so.
2)
Appointment of an appointed adviser
a) If we accept an insured person’s claim, we will appoint an appointed adviser who may be able to
negotiate settlement before or without the need for court action.
b) If an insured person’s claim cannot be settled by negotiation and it becomes necessary for legal
proceedings to be issued (starting an action in court to settle a dispute), or if a conflict of interest
arises (where our chosen appointed adviser cannot act for the insured person as to do so would
breach their professional code of conduct), the insured person is free to nominate a law firm or
suitably qualified representative to act as the appointed adviser.
c) We will always choose the appointed adviser to act on the insured person’s behalf in any claim where
the insurer is liable to pay a compensation award (this means we will always choose the appointed
adviser for any claim arising under insured incidents 1 Employment Disputes, 2 Employment
Compensation Awards and 4 d) Data
protection breaches).
d) Any law firm or suitably qualified representative
nominated by an insured person must agree to
represent the insured person in accordance with our standard adviser’s terms of appointment (which
are available on request) and the most the insurer will pay is no more than the amount the insurer
would have paid to our own choice of appointed adviser.
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3)
Conduct of the claim
a) An insured person must:
(i) co-operate fully with us and the appointed adviser and provide any relevant information,
documentation and evidence in connection with a claim when asked to do so; and
(ii) keep us and the appointed adviser fully informed of any developments and instruct the
appointed adviser to provide us with any information we ask for.
b) An insured person must not:
(i) act in any way which obstructs us or the appointed adviser or hinders the progress of a claim;
and
(ii) incur any adviser’s costs and expenses or any other costs or amounts without our consent.
c) We can:
(i) contact the appointed adviser at any time and have access to all documents and information
regarding an insured person’s claim;
(ii) withdraw funding for a claim and pursue an insured person to recover adviser’s costs and
expenses or other costs or amounts already paid, if the insured person pursues or withdraws from
that claim without our consent or fails to pass on any instructions to the appointed adviser;
(iii) withdraw funding for a claim if an insured person dismisses the appointed adviser without our
consent and there is no valid cause to do so, or if the appointed adviser refuses to continue acting
for an insured person with our consent and there is valid cause to do so; and
(iv) withdraw funding for a claim if at any time we believe reasonable prospects of success are no
longer present. The insurer will still pay any adviser’s costs and expenses or other costs or amounts
we have agreed to, prior to reasonable prospects of success no longer being present.
4)
Claims settlement
a) An insured person must tell us immediately an offer to settle a claim is received and must not enter
negotiations to settle a claim without our prior consent.
b) If an insured person refuses a fair and reasonable offer to settle a claim, we will be entitled to withdraw
funding for that claim and the insurer will pay no further adviser’s costs and expenses or other costs
or amounts.
c) We may decide to settle a claim by instructing the insurer to pay the reasonable value of that claim
instead of pursuing, defending or continuing with any action in court. In such cases we may decide
to pursue the other party for the amount the insurer has paid to an insured person and the insured
person must allow us to take over and continue the claim in their name and provide us with any
information in support of this action.
5) Costs recovery and assessment of costs
An insured person must:
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a) take all reasonable steps to recover adviser’s costs and expenses or other costs or amounts and pay
such sums recovered to us;
b) tell the appointed adviser to have adviser’s costs and expenses taxed, assessed and audited and/or
have their claims file audited by us, if we ask for this. If it is established that adviser’s costs and
expenses or any other costs have been billed which have not been agreed by us, the insurer reserves
the right to refuse to pay these unauthorised costs.
6)
Appealing the outcome of a claim
Appeals regarding the outcome of an insured incident, either made by or against an insured person,
must be notified to us as soon as possible and within 10 days of the deadline for any appeal. Reasonable
prospects of success must still be present in order for an appeal to be considered.
7)
Other insurance and apportionment of costs
If any adviser’s costs and expenses or other costs or amounts covered by this insurance are also covered
under an alternative insurance policy, or would have been covered if this insurance did not exist, the
insurer will only pay their share of these costs.
8)
Obtaining a legal opinion
We may require an insured person, at their own expense, to obtain an independent opinion from a
barrister or other expert agreed between us and the insured person over a claim’s merits, financial value
or reasonable prospects of success. If the opinion supports the insured person and there are clear merits
in proceeding with that claim, the costs incurred by the insured person in seeking that opinion will be
reimbursed.
9)
Disputes with us
If there is a dispute between you and us over this policy, which cannot be resolved through our internal
complaints handling process, you are entitled to seek a resolution through the Financial Ombudsman
Service as long as you are eligible to complain.
Where the Financial Ombudsman Service cannot deal with that complaint, the dispute shall be referred
to arbitration which is a formal and binding process where disputes are resolved by independent
arbitrators in accordance with the Arbitration Act. The arbitrator will be chosen jointly by you and us. If
we are not able to agree on the appointment of an arbitrator with you, the President of the Chartered
Institute of Arbitrators will decide.
The decision of the appointed arbitrator is binding and the arbitrator may require you or the insurer to
pay the costs.
10) Your cancellation rights
a) Cooling-off period
You can cancel this insurance, without giving any reason, within 14 days of its start date or within 14
days of receiving your policy documents, whichever is later. If you wish to exercise this right, you must
notify the person who sold you this insurance. You will be entitled to a full refund of premium paid as
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long as an insured person has not made a claim under this insurance during the current period of
insurance.
b) Outside the cooling-off period
You can cancel this insurance at any other time, subject to providing the person who sold you this
insurance with 7 days’ notice. As long as an insured person has not made a claim under this insurance
during the current period of insurance and subject to the terms of business between you and the
person who sold you this insurance, you may be entitled to a partial refund of premium.
In the event of cancellation, the person who sold you this insurance may apply an administration charge.
Please contact them for more information on any charges applied.
11) Our cancellation rights
a) General
We can cancel this insurance at any time, where there is a valid reason to do so, subject to providing
you with 7 days’ notice. Reasons for cancellation may include, but are not strictly limited to:
(i) an insured person has failed to co-operate with us or the appointed adviser and this failure has
significantly hindered our ability to deal with a claim or administer this insurance; and/or
(ii) a premium payment is due or a costs recovery is still outstanding by the end of the final deadline
notified to an insured person.
b) Fraudulent or dishonest claims
If we have evidence that an insured person has made a fraudulent, dishonest or exaggerated claim,
or has deliberately misled us or the appointed adviser when presenting relevant information in support
of a claim, we reserve the right to cancel this insurance from the date of the alleged claim or
misrepresentation and recover from the insured person any adviser’s costs and expenses or other
costs or amounts already paid in respect of that claim, which the insurer otherwise would not have
paid. We will also not refund any premium paid by you.
If fraudulent activity or false or inaccurate information is identified, we may, at our discretion, pass
details to fraud prevention or law enforcement agencies who have the right to access and use this
information, which could result in a prosecution.
12) Persons involved in this contract of insurance
Unless expressly stated otherwise, any person who is not a party to this insurance has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this insurance.
13) Choice of law and Acts of Parliament
a) Unless otherwise agreed by us in writing, this insurance is governed by the laws applying to England
and Wales.
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b) Any Acts of Parliament or Statutory Instruments referred to in this insurance shall include equivalent
legislation in Scotland, Northern Ireland, the Isle of Man or the Channel Islands and shall also include
any subsequent amending or replacement legislation.
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General information
The insurer
This insurance is underwritten by Alwyn Insurance Company Limited, P.O. Box 1338, First Floor
Grand Ocean Plaza, Ocean Village, Gibraltar.
Registered in Gibraltar, number 106261. Authorised and regulated by the Gibraltar Financial
Services Commission.
The Financial Services Compensation Scheme
The insurer is covered by the Financial Services Compensation Scheme (FSCS) and you may
be entitled to compensation from the scheme if the insurer cannot meet their obligations. This
will depend on the circumstances of the claim.
Further information about the compensation scheme arrangements can be found on the FSCS
website at www.fscs.org.uk
Data protection notice
In order to manage this insurance, including the provision of helpline services, claims handling,
underwriting and other administrative duties, we may need to share personal information which
has been given to us with other parties such as insurers, insurance intermediaries, law firms,
experts, regulatory authorities or agents providing services to us or on our behalf. We will only
request necessary information from an insured person and will only use it and disclose it in the
course of arranging and administering this insurance.
Any personal information we hold about an insured person will be retained by us for a period
of seven years after this insurance expires and in any event, for the minimum periods required
by relevant laws and regulations. This information may need to be retained for legal and
regulatory reasons and for legitimate business purposes including (but not strictly limited to)
establishing, pursuing or defending legal claims.
Sometimes we may need to send an insured person’s personal information to agents based
outside of the European Economic Area and in doing so will ensure that those agents apply
the same levels of confidentiality, protection and security that are applied by us.
In arranging and managing this insurance and administering claims, we will comply with the
provisions of the Data Protection legislation which is directly applicable in the United Kingdom
(this includes the General Data Protection Regulation (EU) 2016/679 (otherwise known as GDPR)
as well as any subsequent amending or replacement Data Protection legislation which is
directly applicable in the United Kingdom) and unless required to do so by law or a professional
body, will not disclose an insured person’s personal data to any other person or organisation
without their consent.
You can find full details of our privacy policy on our website www.legalprotectiongroup.co.uk
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More information on the Data Protection Act and the principles in place to protect personal
information can be found on the Information Commissioner’s Office website https://ico.org.uk/
An insured person has a right to obtain information we hold about them. This is called a Subject
Access Request and in order to obtain such information, please write to:
The Data Protection Officer, Legal Protection Group Limited, 8 Pinkers Court, Briarlands Office
Park, Gloucester Road, Rudgeway, Bristol BS35 3QH.
If an insured person has a concern about the way we have handled their personal data, then
they have the right to report this to the Information Commissioner’s Office:
Website:
https://ico.org.uk/concerns/
Phone:
0303 123 1113 (lines are open Monday to Friday 9am to 5pm)
Email:
casework@ico.org.uk
What to do if you have a complaint about this policy section
We are committed to providing you with excellent customer service, but we accept that
occasionally things go wrong.
We take all complaints seriously and have a commitment across our business to treat all
customers fairly. Where we have made a mistake, we want to put things right quickly.
If you are not happy with the standard of service provided by us, please let us know:
•
Email:
complaints@legalprotectiongroup.co.uk
•
Phone:
0333 700 1040 (lines are open Monday to Friday 9am to 5pm)
•
Post:
Customer Service Department, Legal Protection Group Limited, 8 Pinkers Court,
Briarlands
Office Park, Gloucester Road, Rudgeway, Bristol BS35 3QH.
As soon as a complaint is received:
All complaints will be acknowledged in writing within five business days of receipt. If the
complaint can be resolved within five business days, our letter will also outline the result of our
investigation.
If our investigation is not resolved within five business days, we will aim to respond within four
weeks of receiving the complaint.
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If the complaint is about another party, such as a law firm who is acting for an insured person,
we will refer details of the complaint to that other party and confirm this course of action to
you in writing.
After we have investigated the complaint:
We will write to you immediately notifying you of the outcome of our investigation. We will also
advise that if you are not satisfied with the outcome, you may refer the matter to the Financial
Ombudsman Service within the next six months*.
If we cannot resolve the complaint within 4 weeks:
We will write to you and inform you that our investigation is continuing, giving the reasons for
the delay and a date by which we expect to be able to contact you again.
If we cannot resolve the complaint within 8 weeks:
We will inform you of the reasons for the further delay and advise that if you are not satisfied
with our progress then you may refer the complaint to the Financial Ombudsman Service within
the next six months*.
*If you do not refer your complaint within the six month period, the insurer will not permit the
Financial Ombudsman Service to consider your complaint and will only be able to do so in very
limited circumstances such as where they believe that the delay in notifying your complaint
was as a result of exceptional circumstances.
The Financial Ombudsman Service can be contacted:
•
Email:
complaint.info@financial-ombudsman.org.uk
•
Phone:
phones)
0800 023 4567 (free from a landline) or 0300 123 9123 (free from some mobile
•
Post:
Financial Ombudsman Service, Exchange Tower, London E14 9SR
You can also visit www.financial-ombudsman.org.uk and follow the guidelines on how to
complain and to also check their eligibility criteria.
Important: This complaints notification procedure does not affect your right to take legal action.
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COMPLAINTS PROCEDURE
General Insurance Complaint Procedure- SECTIONS 1-6
If you feel dissatisfied with the service you have received
Our Service
We will always endeavor to provide the highest level of customer service to you. If you feel
that we have failed to maintain the standard then this document outlines the procedure we
will use to promptly and fairly deal with any issue you raise. Providing you with a copy of this
procedure before we have had an opportunity to carry out an investigation does not infer
any liability on our part.
Please note that we record and monitor all complaints centrally to make sure the matter is
dealt with properly and that action is taken to avoid a similar problem arising in the future.
What to do next
You may register your complaint by e-mail, in writing, by telephone or in person but
whichever method of communication you choose we will give each the same level of
importance. However, please note that our preferred option is email to make sure a quicker
documented service.
E: complaints@aro-underwriting.com
W: www.aro-underwriting.com
Customer Services
Aro Underwriting Group Ltd, Sackville House, 55, Buckhurst Avenue, Sevenoaks. Kent TN13 1LZ.
T: 01732 783575
What we need to know
We need you to help us by summarising the problem, policy (ies) affected and the resolution
you expect. Please make sure whenever possible that you quote any customer reference
number.
What we will do
Our complaint investigation will follow the rules and guidelines of the Financial Ombudsman
Service. The minimum standard you should expect from us is as follows:
1.
2.
If we are unable to resolve your complaint by the next working day a formal
acknowledgement will be sent to you no later than 2 working days after receiving your
complaint. This will confirm that your complaint has been escalated and provide contact
details relating to the person(s) who will be dealing with the matter, their job title(s) and
when you may expect their response.
If an early response cannot be given then we will respond in writing, no later than 4
weeks after receipt of your complaint. This response will either:
(a) Accept the complaint and offer redress where appropriate or
(b) State the reason we have been unable to resolve the complaint e.g. sufficiently
complex to warrant further investigation, information required from insurer etc. and
confirm when you may expect a response or
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(c) Reject the complaint and give a full explanation of our reasons.
If matters are still ongoing at 4 weeks then we will provide an update no later than 8 weeks
after receiving your complaint.
Complaints concerning insurers
If the complaint concerns the insurers of your policy we will make sure your complaint is
passed to them in order to respond to you quickly in accordance with paragraph 1. above
“What we will do”. (There is no “2-stage” process).
In the event of a complaint against insurers please refer to insurers’ Complaint Procedure
documentation provided along with your insurance documents.
If you remain dissatisfied
You may be an eligible complainant within the rules of the Financial Ombudsman Service.
This means if you remain dissatisfied with our final decision or more than 8 weeks have passed
since receipt of your complaint then if you wish, you may contact the FOS. We will supply you
with contact details. If you do not qualify as an eligible complainant you may still request that
our Managing Director review the outcome.
Compensation
The insurers of your policy are covered by the Financial Services Compensation Scheme
(FSCS). If you are an eligible claimant then you may be entitled to compensation from the
FSCS if we cannot meet our obligations. This depends on the circumstances of the claim. Full
details and further information on the scheme are available from the FSCS at www.fscs.org.uk
or
Financial Services Compensation Scheme
10th Floor
Beaufort House
15 St Botolph Street
London EC3A 7QU
Tel:
020 7741 4100
0800 678 1100
Fax:
020 7741 4101
DATA PROTECTION
Who We are
We are the Lloyd's underwriter(s) identified in this contract of insurance and/or in the
certificate of insurance.
The basics
We collect and use relevant information about you to provide you with your insurance cover
or the insurance cover that benefits you and to meet our legal obligations.
This information includes details such as your name, address and contact details and any
other information that we collect about you in connection with the insurance cover from
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which you benefit. This information may include more sensitive details such as information
about your health and any criminal convictions you may have.
In certain circumstances, we may need your consent to process certain categories of
information about you (including sensitive details such as information about your health and
any criminal convictions you may have). Where we need your consent, we will ask you for it
separately. You do not have to give your consent and you may withdraw your consent at
any time. However, if you do not give your consent, or you withdraw your consent, this may
affect our ability to provide the insurance cover from which you benefit and may prevent us
from providing cover for you or handling your claims.
The way insurance works means that your information may be shared with, and used by, a
number of third parties in the insurance sector for example, insurers, agents or brokers,
reinsurers, loss adjusters, sub-contractors, regulators, law enforcement agencies, fraud and
crime prevention and detection agencies and compulsory insurance databases. We will only
disclose your personal information in connection with the insurance cover that we provide
and to the extent required or permitted by law.
Other people's details you provide to us
Where you provide us or your agent or broker with details about other people, you must
provide this notice to them.
Want more details?
For more information about how we use your personal information please see our full privacy
notice(s), which is/are available online on our website(s) or in other formats on request.
Contacting us and your rights
You have rights in relation to the information we hold about you, including the right to access
your information. If you wish to exercise your rights, discuss how we use your information or
request a copy of our full privacy notice(s), please contact us, or the agent or broker that
arranged your insurance who will provide you with our contact details at:
Data Protection Officer
Brit Syndicates Limited
The Leadenhall Building
122 Leadenhall Street
London EC3V 4AB
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