SYNDICATE 2525
Policy Wording
Syndicate 2525 at Lloyd’s
GENERAL LIABILITY INSURANCE
This is to certify that in accordance with the authorisation granted under Contract to the undersigned by certain
Underwriters at Lloyd's whose names and proportions underwritten by them, which will be supplied on
application, can be ascertained by reference to the said Contract which bears the Seal of Lloyd's Policy Signing
Office and in consideration of the premium specified herein, the said Underwriters are hereby bound, each for
his own part and not one for another, their Heirs, Executors and Administrators to insure in accordance with the
terms and conditions contained herein or endorsed hereon
In consideration of the payment of the premium to the Underwriters they will provide the insurance stated in
each operative section of this Certificate during the Period of Insurance
This Certificate the Proposal the Schedule including any Schedule issued in addition or substitution and any
Endorsements or Memoranda shall be considered one document and any word or expression to which a
specific meaning has been attached shall bear such meaning wherever it appears
The words Certificate and Policy are agreed to share the same meaning wherever they appear in this document
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Schedule
Policy Number(s):
Type:
Excess Public Products & Pollution Liability
Wording:
DLP 2010 A XS
Broker:
Assured:
Business of Assured:
Period of Cover:
From
To
Local Standard Time both days inclusive
Limit of Indemnity:
Public Liability
GBP
any one accident or series of accidents arising from one
originating cause unlimited in the Period of Insurance
Products Liability
GBP
in all in the Period of Insurance
Pollution Liability
GBP
in all in the Period of Insurance
Public Liability
GBP
any one accident or series of accidents arising from one
originating cause unlimited in the Period of Insurance
Products Liability
GBP
in all in the Period of Insurance
Pollution Liability
GBP
in all in the Period of Insurance
Underlying
Limit of Indemnity:
Premium:
GBP in full plus IPT (at applicable rate) GBP
Underlying Insurer
And Policy No(s):
Endorsements:
DLP 2010 A XS
As per Form
3
PUBLIC / PRODUCTS & POLLUTION LIABILITY
EXCESS OF LOSS INSURANCE
OPERATIVE CLAUSE
The Underwriters will indemnify the Assured against their liability to pay compensation (including claimants costs fees and expenses) arising from
accidental death injury illness or disease sustained by any person or accidental loss of or damage to tangible property happening during the Period of
Insurance.
LIMITS OF INDEMNITY
The Underwriters total liability to pay compensation claimants cost fees and expenses shall not exceed the Limits of Indemnity shown in the Policy
Schedule and shall only be payable in excess of the Primary and Underlying Excess Insurers Policy Limits and after the Primary and Underlying Excess
Insurers have paid or been held liable to pay the full amount of their Policy Liability.
JURISDICTION
Indemnity will not be provided in respect of any judgement award payment 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 in whole or in part)
nor in respect of legal costs fees and expenses pertaining thereto.
DEFINITION
Underwriters means D L Pratt & Others Lloyd’s Syndicate 2525 and any other participating Lloyd’s syndicates and/or insurance companies.
Syndicate 2525 is situated in England at One Lime Street London EC3M 7HA.
EXCLUSIONS
This Policy shall not apply to any liability:1.
loss cost or expense directly or indirectly arising out of resulting as a consequence of or related to the manufacture mining processing
distribution testing remediation removal storage disposal sale use of or exposure to asbestos or materials or products containing asbestos
whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss;
2.
loss injury damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any act of
Terrorism regardless of any other cause or event contributing or in any other sequence to the loss;
For the purpose of this Exclusion an act of Terrorism means an act including but not limited to the use of violence and/or the threat thereof
of any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s)
committed for political religious ideological or similar purposes including the intention to influence any government and/or to put the
public or any section of the public in fear;
This Policy also excludes loss injury damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in
connection with any action taken in controlling preventing suppressing or in any way relating to any act of Terrorism;
If the Underwriters allege that by reason of this Exclusion any loss injury damage cost or expense is not covered by this Policy the burden of
proving the contrary shall be upon the Assured;
3.
directly or indirectly occasioned by happening through or in consequence of war invasion act of foreign enemy hostilities civil war rebellion
revolution insurrection or military or usurped power whether war be declared or not;
4.
for bodily injury death or disease and/or loss of or damage to tangible property of whatsoever nature directly or indirectly caused by or
contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste
from the combustion of nuclear fuel or from the radioactive toxic exposure to explosive or other hazardous properties of any nuclear
component;
5.
for any cover provided by the Primary and/or Underlying Excess Insurers where a reduced inner aggregate underlying amount applies
unless specifically stated in the Schedule.
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CONDITIONS
1.
This Policy is subject to the same warranties conditions definitions terms and Exclusions as the Primary Policy (except as regards the
premium the obligation to investigate and defend the renewal agreement (if any) the amount and Limits of Indemnity and except as
otherwise stated herein) which were applicable at the time the bodily injury and/or property damage occurs. This Policy shall not
automatically follow settlements in discharge of Primary and Underlying Excess Insurers Liability.
2.
Liability to pay under this Policy shall not attach unless and until the Primary and Underlying Excess Insurers shall have admitted liability
for the Primary and Underlying Excess Limits or unless and until the Assured has by final judgement been held liable to pay an amount
which exceeds such Primary and Underlying Excess Limits and then only after Primary and Underlying Excess Insurers have paid or have
been held liable to pay the full amount of the Primary and Underlying Excess Limits.
3.
It is a condition precedent to liability of this Policy that the Primary and Underlying Excess Liability Policies are maintained in full force and
effect during the currency of this Policy except for any reduction of any aggregate limits contained therein solely by payment of claims
thereunder.
4.
In the event of reduction or exhaustion of any Underlying amount for which an aggregate is stated in the Primary and Underlying Excess
Liability Policies this Policy subject to its terms conditions definitions and exceptions shall:a)
in the event of reduction pay the excess of such reduced amounts;
b)
in the event of exhaustion apply in place of the Primary and Underlying Excess Liability Policies.
5.
The Assured shall give written notice to the Underwriters as soon as reasonably practical of any claim(s) made against the Assured (or any
specific event or circumstance that may give rise to a claim(s) being made against the Assured) which is likely to exceed 50% of the total
Primary and Underlying Excess Limits.
6.
In the event of a loss arising to which the Underwriters may be liable to contribute, no costs incurred in the investigation settlement or
defence of a loss shall be payable without their written consent being first obtained and if they so consent they shall contribute to the said
costs in the proportion that their share of the loss as finally settled bears to the total sum payable. If however a settlement of the loss be
practicable prior to taking the case into Court whether by compromise or otherwise for a sum of not exceeding the Primary and Underlying
Excess Limits no costs shall be payable by the Underwriters. No settlement of a loss by agreement shall be effected by the Assured for a
sum in excess of the Primary and Underlying Excess Limits without the written consent of the Underwriters.
7.
The Underwriters may at any time cancel the Policy by sending 30 days notice of cancellation by registered letter to the last known address
of the Assured and in such case the Assured shall be entitled to a return of a proportionate part of the premium in respect of the unexpired
Period of Insurance. Such cancellation shall be without prejudice to any rights or claims of the Assured or the Underwriters prior to the
expiration of such notice.
8.
Where any part of the premium for this Policy has been shown on the Schedule to be adjustable it is a condition that the necessary
particulars shall be declared to the Underwriters within five months of the expiry of the Period of Insurance and any additional premium
shall be paid within 30 days of advice to the Assured or any adjustment due.
9.
Any dispute concerning the interpretation of the terms conditions limitations and Exclusions contained herein is understood and agreed by
both the Assured and the Underwriters to be subject to English law. Each party agrees to submit to the jurisdiction of any court of
competent jurisdiction within England and to comply with all requirements to give such court jurisdiction. All matters arising hereunder
shall be determined in accordance with the law and practice of such court.
10.
The Assured is required to notify Underwriters as soon as it is reasonably possible of all material facts or alteration in the risk which come
to his knowledge during the currency of this Policy.
11.
The Underwriters may at any time pay to the Assured the Limit of Indemnity of this Policy (less any amounts already paid or incurred) or
any lesser amount for which at the Underwriters absolute discretion all claims arising out of an insured loss can be settled. The
Underwriters will then relinquish control of such claims and be under no further liability in respect thereof.
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COMPLAINTS
We are dedicated to providing you with a high quality service and we want to ensure that we maintain this at all times. If you feel that we have not
offered you a first class service please write and tell us and we will do our best to resolve the problem. If you have any questions or concerns about
your policy or the handling of a claim you should in the first instance contact The Compliance Officer Syndicate 2525 Lloyd’s of London One Lime
Street London EC3M 7HA.
In the event that you remain dissatisfied and wish to make a complaint it may be possible in certain circumstances for you to refer the matter to the
Policyholder & Market Assistance Department. Their address is Policyholder & Market Assistance Department Lloyd’s Market Services G6/86 One
Lime Street London EC3M 7HA Tel 020 7327 5693 Fax: 020 7327 5225 Email: Complaints@lloyds.com In the event that the Complaints
Department is unable to resolve your complaint it may be possible for you to refer it to the Financial Ombudsman Service. Further details will be
provided at the appropriate stage of the complaints process.
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