Lion Underwriting Broadform Liability Policy

BROADFORM
LIABILITY
POLICY
WORDING

Lion Underwriting - Broadform Liability Policy Wording v11385.2 Page 2
TABLE OF CONTENTS
Broadform Liability Policy Wording 3
Section A Public Liability 4
Public Liability Exclusions 4
Section B Products Liability 5
Products Liability Exclusions 5
Section C Pollution Liability 6
Pollution Liability Exclusions 7
Important Conditions for each Section of the Policy 7
Claims Notification Conditions 11
General Exclusions for each Section of the Policy 13
General Definitions 19
Governing Law and Disputes Clause 23
Interpretation23

BROADFORM LIABILITY POLICYWORDING
In consideration of the premium being paid by you to us and in reliance on the written statements and declarations contained
in the proposal, we agree to cover you in accordance with the terms set out in this policy, together with any extensions and
endorsements where specifically set out as included in the schedule.
1. Insuring clause
We will cover you against your legal liability to pay damages, including claimants’ costs, fees and expenses for;
a. Section A Bodily injury, personal injury, advertising injury; and property damage;
b. Section B Products liability;
c. Section C Pollution.
occurring within the territorial limits during the period of insurance.
d. This cover applies to legal liability as defined by each section of this policy arising out of your business,
subject to the terms, conditions and exclusions of the policy, including any endorsements.
e. No cover shall be provided in respect of any judgment, award, payment or settlement made within any country
or territory which operate under the laws of the United States of America (or to any order made anywhere in
the world to enforce such judgment, award, payment or settlement either in whole or in part) unless the North
American Jurisdiction Extension is marked as “included” in the schedule.
2. Limits of cover for each section
a. For each section our total liability under this policy shall not exceed the limit of liability stated in the
schedule for all claims and occurrences of a series consequent upon or attributable to one source or original
cause;
b. If any occurrence gives rise to liability under more than one section, our total liability for all claims and
occurrences of a series consequent upon or attributable to one source or original cause shall not exceed the
single greatest limit of liability available under the sections providing cover.
3. Excess for each section
a. The excess applies to all occurrences;
b. Our limit of liability is over and above the excess.
c. The excess applies in respect of defence costs and expenses;
d. If any claim gives rise to liability under more than one section your maximum liability will be the highest
applicable excess.
4. Cross liabilities
Each named company, legal entity or subsidiary set out in the schedule will be separately indemnified in respect of
claims made against any of them by any other, provided always that:
a. each of such parties shall be separately subject to the terms and conditions of this policy in the same manner
and to a like extent as though separate policies had been issued; and
b. in no case shall the amount payable by us in respect of any one claim or series of claims arising out of any one
occurrence or in the aggregate, as the case may be, exceed the applicable limit of liability as specified in the
schedule.

SECTION A PUBLIC LIABILITY
1. We will cover you against your legal liability to pay damages for bodily injury, personal injury, advertising
injury; and property damage, including claimant costs, occurring during the period of insurance arising as
a result of an occurrence.
2. Defence costs and expenses
a. We will also pay defence costs and expenses where we have given our prior written consent.
Nothing in this clause will increase the limit of liability.
b. Defence costs and expenses are payable in addition to the limit of liability. If the amount
required to settle a claim is greater than the limit of liability, then we will not pay more than our
corresponding proportional share of the associated defence costs and expenses.
PUBLIC LIABILITY EXCLUSIONS
The cover provided by this policy will not apply to any liability, as follows;
a. Pollution
For pollution
b. Products
Any product. In respect of loss or damage to products owned by or in your care, custody or control
or any employees, this exclusion extends to;
i. damage to materials, parts or equipment furnished in connection with performance of the work;
ii. rectification of defective work including your expenditure for the removal, repair, recall,
adjustment, alteration, reinstatement, withdrawal, inspection or disposal of any property
furnished in connection with the performance of work as well as a result of any defect (suspected
or known) or any unsuitability for its intended purpose.
c. Contractual liability
Any contractual liability which attaches by virtue of a contract or agreement but any liability which
would have attached in the absence of such contract or agreement is covered under this section.
d. Property damage in your care, custody or control
For property damage to property in your physical or legal care, custody or control; but this exclusion
shall not apply with regard to:
i. the personal property, tools and effects of any of your directors, partners, proprietors,
officers, executives or employees, or the clothing and personal effects of any of your
visitors.
ii. premises or part(s) of premises (including their contents) leased or rented to, or temporarily
occupied by you for the purpose of the business, but no cover is provided by this policy if
you have assumed the responsibility to insure such premises.
iii. premises (and/or their contents) temporarily occupied by you for the purpose of carrying out
work in connection with the business, or
iv. any vehicle (including its contents, spare parts and accessories while they are in or on such
vehicle) not belonging to or used by you, whilst any such vehicle is in a car park owned or
operated by you; provided that you do not operate the car park for reward, as a principal
part of your business.

v. notwithstanding exclusion clause c Contractual Liability, any property (except property that
you own) not mentioned in clauses i to iv above whilst in your physical or legal care, custody
or control whether or not you have accepted or assumed legal liability for such property.
Provided that our liability under this clause v shall not exceed AUD 250,000 in respect of
any one claim or series of claims arising out of any one occurrence.
e. Employers liability
For bodily injury to or financial loss sustained by an employee arising out of and in the course of
his or her employment or engagement by you in the business;
f. Mechanically propelled vehicles
For the use of, ownership by, or on your behalf, or any person entitled to cover of any;
i. mechanically propelled vehicles unless used as a tool of trade, unless where cover is provided
for any motor insurance contract, or where insurance is required by law;
ii. drilling platform, rig, or offshore installation.
SECTION B PRODUCTS LIABILITY
1 We agree to cover you against your legal liability to pay damages for products liability, including claimants’
costs occurring during the period of insurance arising as a result of an occurrence.
2 Defence costs and expenses
a. We will also pay defence costs and expenses where we have given our prior written consent.
Nothing in this clause will increase the limit of liability.
b. Defence costs and expenses are payable in addition to the limit of liability. If the amount
required to settle a claim is greater than the limit of liability, then we will not pay more than our
corresponding proportional share of the associated defence costs and expenses.
PRODUCTS LIABILITY EXCLUSIONS
1 The cover provided by this policy will not apply to any liability, as follows;
a. Pollution
For pollution
b. Property damage
Property damage to any product or part of any product
c. Rectification of defective work
Rectification of defective work including the expenditure incurred by you for the removal, repair,
adjustment, alteration, reinstatement, withdrawal, inspection or disposal of any product (including
any part of the product) furnished in connection with the performance of work as well as a result of
any defect (suspected or known) or any unsuitability for its intended purpose.
d. Product recall
The recall of any product or any part of the product including any expenditure associated with the
recall of the product.

e. Aircraft or watercraft products
Any product or any part of the product which, with your knowledge is intended to be incorporated
into the structure, machinery or controls of any aircraft or watercraft.
f. Medical and pharmaceutical products
Any product of any pharmaceutical and/or implantable medical product manufacturer.
g. Latex products
Any latex product including any contraceptive and prophylactics manufacturer.
h. Employers liability
Any injury to any employee arising out of and in the course of their employment by you.
i. Contractual liability
Bodily injury or physical loss of or property damage caused by or arising from products where
liability attaches by reason of any contract or agreement, other than liability arising under a condition
or warranty of goods implied by law.
SECTION C POLLUTION LIABILITY
1 We agree to cover you against your legal liability to pay damages for pollution liability, including claimants’ costs
occurring during the period of insurance as a result of an occurrence, but only to the extent that you can show;
a. The pollution was a direct result of a sudden, specific and identifiable event occurring within the territorial
limits;
b. The pollution became known to you within 72 hours of its commencement and is notified in accordance with
the policy’s notification provisions;
c. Was not the direct result of you failing to take reasonable precautions to prevent such pollution.
2 Defence costs and Expenses
a. We will also pay defence costs and expenses where we have given our prior written consent. Nothing in this
clause will increase the limit of liability.
b. Defence costs and expenses are payable in addition to the limit of liability. If the amount required to settle
a claim is greater than the limit of liability, then we will not pay more than our corresponding proportional
share of the associated defence costs and expenses.

POLLUTION LIABILITY EXCLUSIONS
3 The cover provided by this policy will not apply to any liability, as follows;
a. Property in your care, custody or control
Liability for property damage, personal injury and/or damage to land or premises (including land or water
within or below the boundaries of such land or premises) that are presently or were at any time previously
owned, leased, hired or tenanted by you or otherwise in your care, custody or control;
b. Financial loss
Bodily injury, property damage, and/or any loss including financial loss directly or indirectly arising out of the
discharge, dispersal, release or escape of pollutants
c. Clean up costs
costs of removing, nullifying or cleaning up pollutants. This exclusion with respect to any such liability which
may be incurred anywhere other than North America, shall not apply where pollution is caused by a sudden,
specific and identifiable event that became known to you within 72 hours of its commencement;
d. Products liability
Liability for pollution caused by, indirectly or directly or arising from your products;
e. Contractual liability
Bodily injury or physical loss of or property damage caused by or arising from pollution where liability
attaches by reason of any contract or agreement other than liability arising which would have attached in the
absence of such contract or agreement is covered under this section.
IMPORTANT CONDITIONS FOR EACH
SECTION OF THE POLICY
1. Adjustment of premium
If the first premium or any renewal premium for this policy or any part thereof shall have been calculated on
estimates provided by you, you shall keep an accurate record containing all particulars relative thereto and shall at
all reasonable times allow the Insurer to inspect such record.
You shall, where requested by us after the expiry of each period of insurance, provide to us such particulars and
information as may be required as soon as reasonably practicable. The premium for such period shall thereupon
be adjusted and any difference paid by or allowed to you, as the case may be, subject to retention by us of any
minimum retained premium that may have been agreed upon at inception or the last renewal date of this policy.
2. Authorisation
The insured named in the policy schedule shall act on behalf of all insureds with respect to the giving and
receiving of notices under this policy, including the giving of notice of any claim or loss, the payment of the
premium, the receipt and acceptance of any endorsements attaching to and forming part of this policy.
3. Assignment
You must not assign this policy or any rights under this policy without our consent by way of endorsement to
form part of this policy.
4. Alteration of the risk
Every change which substantially varies any of the material facts or circumstances existing at the commencement
of each period of insurance, that shall come to your knowledge or of your officer responsible for insurance
matters, shall be notified to us as soon as reasonably practicable thereafter and you shall, if so requested, pay
such reasonable additional premium as we may require.

5. Bankruptcy or insolvency
In the event that you should become bankrupt or insolvent, we shall not be relieved thereby of the payment of any
claims hereunder because of such bankruptcy or insolvency.
In case of execution against you of any final judgment covered by this policy being returned ‘unsatisfied’ by reason
of such bankruptcy or insolvency, then an action may be maintained by the injured party or their representative
against us in the same manner, and to the same extent as you but not in excess of the limit of liability.
6. Cancellation
1. By you
You may cancel this policy at any time by tendering notice in writing to us to that effect, in which event the
cancellation will become effective from the earlier of the date the notice is received by us or the date on which you
arranged alternative insurance protection.
2. By us
We may cancel this policy in any of the circumstances set out in Sections 60 or 61 of the Insurance Contracts Act
1984 (as amended). Such cancellation shall take effect at the earlier of the following times:
a. the time when another policy of insurance between you and us, or some other insurer, being a policy that
is intended by you to replace this policy, is entered into; or
b. at 4.00 p.m. on the thirtieth (30th) business day after the day on which notification was given to you.
In the event of cancellation of this policy by you, you shall be entitled to a pro rata refund of premium less 20% and
subject to any minimum and deposit premium, minimum retained premium or other cancellation condition that may
have been applied.
In the event of cancellation of this policy by us, you shall be entitled to a pro rata refund of premium subject to any
minimum and deposit premium, minimum retained premium or other cancellation condition that may have been
applied.
If the premium is subject to adjustment, cancellation will not affect your obligation to supply us with such
information as is necessary to permit the premium adjustment to be calculated.
7. Confidentiality
You shall not disclose the terms of this policy or disclose the amount of the premium paid to any third party
except:
a. To the extent that you are required by law to do so or by any regulatory authority as may be necessary to
demonstrate to such regulatory authority that any mandatory insurance requirements of such authority have
been satisfied, or
b. That the existence of the policy, policy number, lead insurer, limit of liability and policy excess available
may be disclosed to an insurer, to a client or a prospective client, wholesale broker or placing agent necessary
to maintain agency facilities, provided that no such disclosure shall be permitted where you are aware or ought
reasonably to be aware that the person to whom disclosure is going to be made, has made, or is likely to make
a claim against you or
c. To the extent that we consent to such disclosure which you have sought, such consent not to be unreasonably
withheld.
7. Document management
We may hold the proposal (including any attachments thereto) and any documents relating to this insurance
and any claim in electronic form and may destroy the originals. An electronic copy of any such document will be
admissible in evidence to the same extent as, and carry the same weight as, the original.
8. Foreign currency
All amounts referred to in this policy are in Australian Dollars. If you incur liability to settle any claim for an amount
stated in the local currency of any country or territory outside the Commonwealth of Australia, where an award

is made or a settlement is agreed upon, then, the amount payable by us shall be the value of such award or
settlement together with costs awarded or payable to any claimant converted to Australian Dollars at the free rate of
exchange published in the Australian Financial Review on the date on which we pay to you (or some other person
or party as directed by you) the indemnity in respect of such award or settlement; subject always to the applicable
limit of liability.
9. Fraudulent claims
If you shall knowingly make any false or fraudulent request in respect of any claim, as regards amount or
otherwise, you will forfeit the right to cover only of the actual claim in relation to which there has been a false or
fraudulent request.
10. Indemnity to employees
At your reasonable request, we will cover any employee provided the employee, as though they were you,
observes and complies and is subject to the terms of this policy.
11. Inspection and audit
We will be permitted but not obligated to inspect your property and operations at any time on giving you
reasonable notice. Our right to make inspections or any report produced does not constitute an undertaking for
your benefit or others to determine or warrant that such property, product or operations are safe. We may examine
and audit your books and records at any time during the currency of this policy and within three (3) years after the
final termination of this policy but only with regard to matters which in our opinion are relevant to this policy.
12. Misrepresentation and non-disclosure
If you:
a. failed to disclose any matter which you were under a duty to disclose to us: or
b. made a misrepresentation to us before this policy was entered into and if we would not have entered into
this policy for the same premium and on the same terms and conditions expressed in this policy but for the
failure to disclose or the misrepresentation then:
i. our liability in respect of any claim will be reduced to an amount to place us in the same position in
which we would have been placed if such non-disclosure had not occurred or such misrepresentation
had not been made: or
ii. if the non-disclosure or misrepresentation was fraudulent, we may avoid this policy.
13. Non-imputation
Where this insurance is arranged in the joint names of more than one insured, as described in the schedule, it is
declared and agreed that:
a. each insured shall be covered as if it made its own proposal for this insurance.
b. any declaration, statement or representation made in any proposal shall be construed as a separate
declaration, statement or representation by each insured.
c. any knowledge possessed by any insured shall not be imputed to the other insured(s).
14. Other insurance
The insurance provided by this policy shall apply only in excess of any other valid insurance, with the sole
exception of any insurance written as specific excess insurance over the limit of liability provided by this policy.
15. Premium funders
If the premium has been funded by a premium funding company which holds a legal right over this policy by virtue
of a notice of assignment and irrevocable power of attorney, then subject to Section 60 of the Insurance Contracts
Act 1984, we may cancel this policy at the request of the premium funding company, after substantiation of
the debt and default in payment by you has been made and proven to us, by giving you not less than three (3)
business days written

notice to that effect, following which a refund will be made to the premium funding company the proportionate part
of the premium applicable to the unexpired period of insurance.
16. Reasonable precautions
You, or your risk manager or senior management shall take all reasonable precautions to prevent an insured event
or loss arising or continuing. You will act in a manner so as not to promote a loss arising or continuing from the
deliberate, conscious or intentional disregard by you of the need to take reasonable care.
17. Release
Where you are required by contractual agreement to release any Government or Public or Local Authority or other
Statutory Authority or any landlord from liability in respect of loss, destruction or damage or legal liability insured
against under this policy, such release is allowed without prejudice to this insurance. Notwithstanding General
Condition 21 of this policy, we agree to waive all our rights of subrogation against any such Authority or landlord in
the event of any occurrence for which a claim for indemnity may be made under this policy.
18. Sanction limitation and exclusion
We will not be liable to pay any claim or provide any benefit to the extent that the provision of such cover, payment
of such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under United
Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom
or United States of America.
19. Subscribing insurer
Our obligations under this policy are severable and not joint and are limited solely to the extent of our individual
subscription. The insurers are not responsible for the subscription of any co-subscribing insurer who for any reason
does not satisfy all or part of its obligations.
20. Sub-contractors insurance checks
Whenever work is undertaken on your behalf by any of your subcontractors, you will establish and maintain an
administrative procedure for obtaining evidence that your subcontractors have in place public liability insurance
that covers the work to be undertaken by the subcontractor. The cover must be subject to a limit of liability of not
less than AUD 10,000,000, and will include an ‘indemnity to principals’ clause, and this evidence will be revalidated
every 12 months throughout the duration of their contract with you.
21. Subrogation and allocation of recoveries
Unless there is a ‘Waiver of subrogation’ clause, for each and every claim, you must not waive any rights of
recourse or recovery against any other person which may give rise to an action under this policy;
i. You will, at our request and expense, allow us to enforce any rights and remedies.
ii. In the event of any payment under this insurance, we will act in concert with all other interested
persons (including you) concerned in the exercise of any rights of recovery.
iii. The apportioning of any amounts which may be recovered will follow the principle that any interested
persons (including you) who will have paid an amount over and above any payment hereunder will
first be reimbursed up to the amount paid by them; we are then to be reimbursed out of any balance
then remaining up to the amount paid; lastly, the interested persons (including you) to whom this
coverage is in excess shall be entitled to claim the residue, if any.
iv. Expenses necessary to the recovery of any such amounts will be apportioned between the interested
parties concerned in the ratio of their respective recoveries as finally settled.
22. Take over and mergers
In the event of a take-over or merger where there is a sale or a merger with or acquisition by another entity such
that you are not the surviving entity and no longer: (a) control the composition of the board of directors or (b)
control more than half the voting power or (c) hold more than half of the issued share capital then this policy shall
apply only to any claim arising from your business carried out prior to the date of such take-over or merger, unless
we otherwise agree.

23. Timing of bodily Injury or damage (Only applicable where a retroactive date has been inserted in the
schedule)
Where it is not possible to ascertain the timing of bodily injury or damage, then for the purpose of determining the
cover granted by this policy, bodily injury will be deemed to have occurred when the claimant first consulted a
qualified medical practitioner regarding such bodily injury, whether or not it was correctly diagnosed at that time. If
no consultation took place then the bodily injury will be deemed to have occurred when you first became aware of
the circumstance or received the claim, whichever is the earlier.
CLAIMS NOTIFICATION CONDITIONS
1. Claims notification
You shall give written notice to the nominee named in the policy schedule after any occurrence that may give
rise to a claim under this policy and shall give all such additional information as we may require. Every letter, claim,
writ, summons or process shall be forwarded to us immediately it is received.
If any claim, in whole or in part, is intentionally exaggerated by you or if you or anyone entitled to benefit under this
policy uses any fraudulent means or devices or if any liability is occasioned by the wilful act or with the connivance
of any party entitled to benefit under this policy, all benefit in respect of such fraudulent or exaggerated claim shall
be forfeited.
2. Legal defence and settlement
a. We are entitled but not obliged to assume the legal defence of any claim covered under this policy in your
name and we shall have full discretion in managing any negotiation or proceedings as to the resolution of such
claim
b. We shall be entitled to select and appoint the lawyers and other representatives that will defend and represent
you or employee in respect of any claim;
c. Subject to the conditions of this policy, we shall be entitled to settle a claim if we so choose;
d. No admission, offer, promise, or payment shall be made or given by or on your behalf without our written
consent, and we shall be entitled to take over the conduct in your name of the defence or settlement of any
claim or to prosecute in your name for their own benefit any claim for indemnity or damages or otherwise and
shall have full discretion in the conduct of any proceedings and in the settlement of any claim and you shall
give all such information and assistance as we shall require;
e. You must not disclose the nature or terms of this insurance to any person unless required to do so by law or in
compliance with the rules of their regulatory body, or in negotiating a contract with any client unless we have
agreed to the disclosure in writing;
f. We shall not be liable for any settlement, costs, admission, offer, payment or assumed obligation without our
consent, such consent not to be unreasonably withheld;
g. We may at any time pay to you the limit of liability (having deducted any sums already paid) or any lesser
amount for which such claim or loss may be settled and having paid that sum we shall relinquish the control of
the claim and be under no further liability in connection with the claim or loss;
h. Prior to settling any claim or loss within the policy excess you shall obtain from the claimant a signed form of
discharge in full and final settlement of the claim or loss and you shall advise us of the final amount for which
the claim or loss was settled or resolved.
i. You must ensure that our rights of recovery against a third-party are not unduly restricted or financially limited
by any term in any of your contracts. If you do not, we may reduce any payment we make under this section
by an amount equal to the detriment we have suffered as a result.
j. You shall use best endeavours to preserve all property, products, appliances, plant, and all other things which
may assist in the investigation or defence of a claim or suit or in the exercise of rights of subrogation and, so
far as may be reasonably practicable, no alteration or repair shall be effected without our consent until we
have had an opportunity of inspection.

k. You shall, when so requested, provide us with details of any other insurances current at the time of any
occurrence, and/or bodily injury, personal injury and/or property damage and/or advertising injury, and/
or any of the liabilities covered by this policy.
3. Goods and services tax (GST)
You must inform us of the extent to which you are entitled to an input tax credit for the premium each time that you
make a claim under this policy. No payment will be made to you for any GST liability that arises on the settlement
of a claim under this policy when you have not informed us of your entitlement or correct entitlement to an input
tax credit.
Notwithstanding anything contained in this policy (including the schedule and any endorsements attached) to the
contrary, our liability will be calculated after taking into account:
a. any input tax credit to which you, or any claimant against you, is entitled for any acquisition relevant
to a claim paid under this policy; and
b. any input tax credit to which you, or any claimant against you, would have been entitled were you or
the claimant to have made a relevant acquisition; and
c. the GST exclusive amount of any supply made by you which is relevant to your claim.
If the applicable limit of liability is not sufficient to cover your claim, we will only pay GST (less any relevant input
tax credit) that relates to our proportion of your claim.
The terms ‘GST’, ‘input tax credit’, ‘acquisition’ and ‘supply’ have the meanings ascribed to them in the A New Tax
System (Goods and Services Tax) Act 1999.
Nothing contained in this section shall be held to vary, alter, waive or extend any of the terms, Claims Conditions,
General Conditions, Exclusions or Definitions of this policy other than as stated above.
4. Senior Counsel
In the event that;
a. We recommend settlement of a claim and you do not agree to the settlement of the claim and you decide to
contest the claim; or
b. You wish to settle a claim and we do not agree to the settlement of the claim;
Senior Counsel (agreed upon by you and us or failing such agreement to be nominated by the Chairman for the
time being of the Bar Council or where appropriate by a similar official of any similar body in any other applicable
jurisdiction) shall advise whether the claim should be settled or contested taking into account all likely costs,
prospects of success and the damages and costs likely to be recovered by the third party claimant, and your
commercial interest. The costs of this exercise will be allocated by the agreed or appointed party on a fair and
equitable basis, and the parties will abide by that allocation.
This condition applies only when you and we have exhausted all appropriate forms of alternative dispute resolution
agreed between you and us.
For purposes of this condition, only definition (a) an (b) of you applies.

GENERAL EXCLUSIONS FOR EACH
SECTION OF THE POLICY
The cover provided by this policy excludes;
1. Advice, design, or plans and professional services
Liability arising out of or from advice, design, plans, specifications, formulae, surveys or dimensions prepared
or given by you or others or any professional services, including medical advice and services rendered by
you.
2. Aircraft, watercraft and mechanically propelled vehicles
Liability arising out of or from the ownership, possession, maintenance or use of any aircraft or other aerial
device or satellite, spacecraft or any watercraft, or any mechanically propelled vehicle other than:
a. motor barges not exceeding seventy five (75) ton capacity on inland waterways;
b. hand-propelled watercraft, sailing vessels and motor launches not exceeding eight (8) metres in length and
only when operated on inland waterways;
c. watercraft not belonging to or chartered by you but used by you for business entertainment provided that;
i. such watercraft is primarily owned and operated as a river cruise vessel;
ii. such watercraft is insured by the owner or charterer under a policy of marine insurance;
iii. we will not indemnify you in respect of liability which attaches by way of any contract or agreement
that would not have attached in the absence of such contract or agreement.
3. Aircraft products
Liability for bodily injury, and/or property damage arising out of any products which, with your knowledge, is
intended for incorporation into the structure, machinery or controls of any aircraft.
4. Asbestos
Liability arising from or caused by any work involving the manufacture, mining, processing, use, installation,
storage, removal, stripping out, demolition, disposal, distribution, inspection or testing of or exposure to
asbestos, asbestos fibres, asbestos dust or asbestos-containing materials.
5. Costs of recall or guarantee and faulty workmanship
Expenditure, whether incurred by you or others, for the;
a. withdrawal, recall, disposal, removal, repair, adjustment, alteration, reconditioning, guarantee,
replacement or reinstatement of any product or part (or any other product or part of which your product
forms, or is intended to form, a part or ingredient) and/or financial loss consequent upon the necessity
for such withdrawal, recall, disposal, removal, repair, adjustment, alteration, reconditioning, guarantee,
replacement or reinstatement;
b. cost of performing, completing, correcting or improving any work undertaken by you.
6. Contractual liability
Liability which has been assumed by you under any contract or agreement that requires you to;
a. effect insurance over property, either real or personal;
b. assume liability for, bodily injury, personal injury, products liability, advertising injury and/or
property damage regardless of fault; provided that this exclusion shall not apply with regard to;

i. liabilities which would have been implied by law in the absence of such contract or
agreement; or
ii. liabilities assumed under incidental contracts; or
iii. terms regarding merchantability, quality, fitness or care of your products which are implied
by law or statute; or
iv. liabilities assumed under the contracts specifically designated in the schedule or in any
endorsement(s) to this policy.
7. Cyber liability
Liability arising directly or indirectly from, or in connection with, or consisting of any loss, destruction or
damage, failure or loss of data resulting directly or indirectly from or in connection with;
a. virus or similar mechanism;
b. denial of service attack;
c. unauthorised access to or use of computer and electronic equipment,
d. the failure of any equipment to correctly recognise the date or change of date.
Unless the schedule includes a cyber liability extension, in which case cover is limited to the extent of the
extension only.
In all other respects this exclusion will apply.
The following definitions are relevant to this exclusion;
Virus or similar mechanism means program code, programming instruction or any set of instructions with
the ability to damage, interfere with, or otherwise adversely affect Computer and Electronic Equipment or
Data, whether involving self-replication or not, including, but not limited to trojan horses, worms and logic
bombs.
Denial of service attack means any actions or instructions with the ability to damage, interfere with, or
otherwise affect the availability of Computer and Electronic Equipment or Data, including but not limited to the
generation of excess traffic into network addresses, the exploitation of system or network weaknesses, and
the generation of excess or non-genuine traffic within, between or amongst networks.
Computer and electronic equipment means all computers, computer installations and systems, microchips,
integrated circuits, microprocessors, embedded systems, hardware, and any electronic equipment, data
processing equipment, information repository, telecommunication equipment, computer controlled or
programmed machinery, equipment capable of processing data and/or similar devices, whether physically or
remotely connected thereto.
8. Deliberate acts
a. Damages or compensation, including claimants’ costs and any associated defence costs, which result
from advertising injury, property damage, bodily injury, personal injury, products liability either
expected or intended by you but this exclusion does not apply to bodily injury resulting from the use of
reasonable force to protect persons or property.
b. Other defence costs incurred in proceedings except in respect of manslaughter, corporate manslaughter
or corporate homicide consequent upon any deliberate act or omission by you, if the result of such act or
omission could reasonably have been expected to constitute an offence under any legislation.
9. Employers liability
a. for bodily injury to any employee in respect of which you are or would be entitled to indemnity under
any policy of insurance, fund, scheme or self insurance pursuant to or required by any legislation relating
to Workers’ Compensation or Accident Compensation whether or not such policy, fund, scheme or self
insurance has been effected.

Provided that this policy will respond to the extent that your liability would not be covered under any such
policy, fund, scheme or self insurance arrangement had you complied with its obligations pursuant to such
law.
b. imposed by the provisions of any industrial award or agreement or determination or any contract of
employment or workplace agreement where such liability would not have been imposed in the absence of
such industrial award or agreement or determination or contract of employment or workplace agreement or
any law relating to Employment Practices.
10. Employment practices disputes
Applies unless an employment practices disputes extension is indicated as included on the policy schedule.
Liability which arises out of employment practice disputes directly or indirectly related to employment or
prospective employment of any person or persons by you including but not limited to:
a. wrongful unfair or constructive dismissal;
b. denial of natural justice, defamation, misleading representation or advertising;
c. refusal to employ a suitably qualified applicant or failure to promote;
d. coercion, demotion, evaluation, relocation, punishment, slander, humiliation, harassment or
discrimination.
11. Financial loss
Liability for pure economic loss not consequent upon bodily injury or property damage, but this exclusion
shall not apply to financial loss as a consequence of;
a. a bodily injury, advertising injury; or
b. personal injury.
12. Fines and penalties
Taxes, fines or penalties, punitive, aggravated, multiple, exemplary or other non-compensatory damages.
13. Human Immune Deficiency (HIV)
Any liability caused by or arising out of, or related to HIV; Acquired Immune Deficiency Syndrome Related
Complex; Acquired Immune Deficiency Syndrome and any virus, complex or syndrome that is related to the
foregoing which results from the manufacture supply of blood or blood products. Blood or blood products
include blood preparations, sera, plasma, cellular products and whole blood to the extent that they derived from
human blood and are intended for us as a drug.
14. Limit of liability
Liability in excess of the sub limit, or limit of liability stated in the schedule and any extension stated in the
schedule.
15. Liquidated damages, penalty clauses and performance warranties
Any loss arising out of or from any liquidated damages clauses or penalty clauses or performance warranties in
any contract or agreement which you or any other insured party has entered into unless it is proven that, and
then only to the extent that, liability would have attached in the absence of such clauses or warranties.
16. Loss of use of tangible property
Liability for loss of use of tangible property, which has not been physically lost, destroyed or damaged arising
out of:
a. a delay in or lack of performance by or on your behalf of any contract or agreement; or
b. failure of the products or work performed by or on your behalf to meet the level of performance, quality,

fitness or durability expressly or impliedly warranted or represented by you; but this exclusion shall not
apply to your liability for loss of use of other tangible property resulting from sudden and accidental
physical loss, destruction of or damage to the products or work performed by or on your behalf, as
a result of an occurrence and after such products or work have been put to use by any person or
organisation other than you.
17. Mildew mould spore(s) or allergens
Liability directly or indirectly occasioned by, arising out of any fungus of any kind whatsoever, including but
not limited to; mildew, mould, spore(s) or allergens; or any costs or expenses associated, in any way, with the
abatement, mitigation, remediation, containment, detoxification, neutralization, monitoring, removal, disposal,
or any obligation to investigate or assess the presence or effects of fungus of any kind whatsoever, including
but not limited to mildew, spore(s), or allergens; or any obligations or duty to defend any actions directly or
indirectly occasioned by, arising out of any fungus of any kind whatsoever, including but not limited to mildew
mould spore(s) or allergens irrespective of the cause of such fungus, mildew, mould, spore(s) or allergens, and
whenever or wherever occurring.
18. North American Jurisdiction
a. Liability in respect of any judgment, award, payment, defence costs or settlement delivered, made or
incurred within countries which operate under the laws of North America (or any order made anywhere
in the world to enforce such judgment, award, payment, defence costs or settlement either in whole or in
part) unless otherwise stipulated in the schedule;
b. Liability in respect of bodily injury, property damage, advertising injury, personal injury, occurring
within North America but this exclusion shall not apply to visits to North America in the course of your
business to undertake non-manual work including but not limited to clerical work, sales and promotional
activities and conference attendance providing that, in such circumstances:
i. we will not be liable to indemnify any entity based in, operating in or domiciled in North
America; and
ii. we will not be liable to indemnify for any liability that arises under any agreement or
contract that would not arise in the absence of any agreement or contract;
iii. we will not be liable to indemnify for liability arising directly or indirectly from the
ownership, maintenance, operation or use of any mechanically propelled vehicle or
watercraft;
iv. we will not be liable to indemnify for liability arising directly or indirectly from pollution or
advertising injury;
v. defence costs are inclusive and form part of the limit of liability.
19. Nuclear risks
a. Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting
or however arising or any consequential loss;
b. any legal liability of whatsoever nature;
c. ionising radiation or contamination by radioactivity from any nuclear fuel or nuclear waste from the
combustion of nuclear fuel. This exclusion does not apply to liability arising from radio-isotopes, radium
or radium compounds when used away from the place where such are used or produced and when used
exclusively incidental to ordinary industrial, educational, medical or research pursuits;
d. radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear
component;
e. any sum which you become legally liable to pay or any loss or expense, directly or indirectly caused by or
contributed to, or arising from or attributable to nuclear hazards.
20. Overseas operations
Your subsidiary companies, branch offices or representatives with power of attorney that are domiciled outside
of the territorial limits.

21. Property in the insured’s care custody and control
Applies unless a care custody and control extension is indicated as included on the policy schedule.
a. property damage to property owned by you or,
b. property damage to property in your physical or legal care, custody or control but this exclusion shall
not apply with regard to;
i. the personal property, tools and effects of any of your directors, partners, proprietors, officers,
executives or employees, or the clothing and personal effects of any of your visitors.
ii. premises or part(s) of premises (including their contents) leased or rented to, or temporarily
occupied by, you for the purpose of the business, but no cover is provided by this policy if you
have assumed the responsibility to insure such premises.
iii. any other property temporarily in your possession for the purpose of being worked upon; but no
indemnity is granted for damage to that part of any property upon which you are or have been
working if the damage arises out of such work.
iv. any motor vehicle (including its contents, spare parts and accessories while they are in or on
such vehicle) not belonging to or used by you, whilst any such vehicle is in a car park owned
or operated by you; provided that you do not operate the car park for reward as part of the
business.
22. Pollution
Any liability for pollution occurring in North America.
23. Prior knowledge
Any liability under this policy in respect of any;
a. Claims or losses (including defence costs and expenses) first made, threatened or intimated against
you prior to the period of insurance;
b. An occurrence, or any circumstances of which you first became aware prior to the period of Insurance
or which you ought reasonably to have been aware of prior to the period of insurance which may give
rise to a liability under this policy and which was known or ought to have been known to you prior to the
period of insurance.
24. Retroactive date
Liability arising directly or indirectly out of bodily injury, property damage, personal injury, advertising
injury or other cover provided by any extension to this policy occurring or alleged to have occurred prior to the
retroactive date.
25. The product itself
Liability for damage to your product or any part arising from a defect or unsuitability and economic loss or
other loss of any kind arising from the damage.
26. Transmissible spongiform encephalopathy (TSE)
Liability for any claim(s) in respect of loss or losses directly or indirectly arising out of, resulting from, or
in consequence of, or in any way involving any actual or probable causal elements (e.g. prions) and any
connected, possible illness in the area of TSE such as, for example, bovine spongiform encephalopathy (BSE)
or new variant Creutzfeldt-Jakob disease (vCJD).
27. Tobacco products
Any bodily injury caused as a result of the use or consumption of tobacco products.
28. Vehicles
Liability for bodily injury or property damage arising out of the ownership, possession or use by you of any
vehicle:
a. which is registered or which is required under any legislation to be registered, or

b. in respect of which compulsory liability insurance or statutory indemnity is required by virtue of
legislation (whether or not that insurance is effected);
but exclusions (a) and (b) shall not apply to bodily injury where any vehicle (including any tool or plant forming
part of or attached to or used in connection with such vehicle) whilst being operated or used by or on your
behalf as a tool of trade at your premises or on any worksite for;
i. the delivery or collection of goods to or from any vehicle;
ii. the loading or unloading of goods to or from any vehicle;
iii. any vehicle temporarily in your custody or control for the purpose of parking.
29. Welding and similar operations
Any liability arising out of your or other persons working on your behalf or not having strictly complied with the
relevant Australian Standard as set out in the Standard or as amended when involved in welding, thermal or
oxygen cutting or heating or other related heat producing or spark producing operations.
30. War and terrorism
Any liability for war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared
or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting
to an uprising, military or usurped power, or confiscation or nationalisation or requisition or destruction of or
damage to property by or under order of any government or public or local authority, or terrorism.

GENERAL DEFINITIONS
The following words or expressions shall carry the meaning shown below wherever they appear in bold in the policy,
schedule, any endorsement or any proposal or statement of fact. Where the defined words are shown in the plural
they take the same meaning as shown below in the plural;
WORD DEFINITION
Advertising Injury a. libel, slander or defamation;
b. any infringement of copyright or of title or of slogan;
c. piracy or unfair competition or idea misappropriation under an implied
contract;
d. any invasion of right of privacy;
e. any breach of the misleading or deceptive conduct provisions of the Trade
Practices Act 1974 (Commonwealth) or any Fair Trading or similar legislation
of any Country, State or Territory;
committed or alleged to have been committed during the period of insurance
in any advertisement, publicity article, broadcast or telecast by or on your
behalf and arising out of the your business.
Bodily injury sickness, disability or disease. Bodily injury shall also mean mental injury,
mental anguish, shock or death if directly resulting from bodily injury, sickness,
disability or disease.
In the event of bodily injury, claims arising from latent injury, sickness, disease
or disability, such injury, sickness, disease, illness or disability in respect of
each claim shall be deemed to have occurred on the day such injury, sickness,
disease, illness or disability was first medically diagnosed. If no consultation
took place then the bodily injury will be deemed to have occurred when you
first became aware of the circumstance or received the claim, whichever is the
earlier.
Business the business as specified in the schedule and/or declared in the proposal,
and/or as further described in any more specific underwriting information
provided to us, at the time when this insurance was proposed to us or at the
time of any renewal of this policy, and shall also include:
a. any prior operations or activities which have ceased or have been disposed
of but for which you may retain a legal liability;
b. the ownership of premises and/or the tenancy thereof by you;
c. participation in any exhibition by you or on your behalf;
d. the hire or loan of plant and/or equipment to other parties;
e. conducted tours of your premises;
f. the provision of any sponsorships, charities, galas, first aid, medical;
ambulance or fire-fighting services by you or on your behalf;
g. private work undertaken by your employees for any of your directors;
partners, proprietors, officers or executives;
h. the provision and/or management of any canteen, social and/or sporting
clubs or educational, welfare and/or child care facilities by you or on your
behalf, which are primarily for the benefit of your employees.

Defence costs and
expenses or defence costs
any fees, expenses, costs and disbursements incurred in investigating,
adjusting, settling or defending a claim that may be covered by this policy,
including;
a. pre-judgment interest awarded against you on that part of the judgment
payable by us; and
b. all interest accruing on our portion of any judgment until we have paid,
tendered or deposited in court that part of such judgment which does not
exceed our limit of liability.
c. premiums on:
i. bonds to release attachments for amounts not exceeding the
applicable limit of liability of this policy but we shall have no
obligation to apply for or furnish any such bond.
ii. appeal bonds and/or security for costs required in any suit but we
shall have no obligation to apply for or furnish any such bonds
and/or security for costs.
d. pay expenses incurred by you for:
i. rendering first aid and/or surgical and/or medical and/or
therapeutic relief to others at the time of any bodily injury (other
than any medical expenses, which we are prevented from paying
by any law).
ii. temporary protection of damaged or undamaged property of any
person or party, including temporary repairs, shoring up and/or
unpinning.
iii. purchasing and/or hiring and/or erection and dismantling of
hoarding, barriers, fences and any other form of temporary
protection, including such protection which you must provide
in compliance with the requirements of any Government, Local
Government or other Statutory Authority.
Your internal or overhead expenses or the cost of your time is not included
Employee any person employed by you under a contract of service or apprenticeship
during or prior to the commencement of the period of insurance. For the
purpose of this exclusion the term employee means any person deemed to
be employed by you pursuant to any Workers’ Compensation Law. Voluntary
workers and work experience students shall not be deemed to be your
employees.
Endorsement a change to the terms of the policy
Excess means the first amount payable by you in respect of one occurrence. Where
more than one excess could be applied to one claim, only the one excess, the
highest excess, will be applied.
Extension any additional cover selected under this policy
Financial loss your business that is not consequent upon bodily injury, personal injury,
property damage and pollution.
Incidental contracts a. any written rental and/or lease and/or hiring agreement of real and/
or personal property, other than with respect to any term or condition
contained in such rental, lease and/or hiring agreement that requires you
to insure such property.
b. any written contract with any authority or entity responsible for the supply
of electricity, fuel, gas, natural gas, air, steam, water, sewerage reticulation
control systems, waste disposal facilities, telephone and communication
services or other essential services, except those contracts in connection
with work done for such authorities or entities.
c. any written contract with any railway authority for the loading, unloading
and/or transport of products, including contracts relating to the operation
of railway sidings.
d. those contracts designated in the schedule.

Limit of liability the amount stated in the schedule being our maximum liability under this
policy.
Nominee the name and address stated in the schedule
North America the United States of America and the Dominion of Canada, any state, territory
or protectorate incorporated in, or administered by, the United States of America
or the Dominion of Canada; and any country or territory subject to the laws of
the United States of America or the Dominion of Canada.
Occurrence an event, including continuous or repeated exposure to substantially the same
general conditions, which results in bodily injury, personal injury, advertising
injury, property damage, pollution or any liability covered under any selected
extension, that is neither expected nor intended by you.
Personal injury a. false arrest, false imprisonment, wrongful detention, malicious prosecution
or humiliation;
b. wrongful entry or wrongful eviction;
c. defamation or invasion of privacy, unless arising out of advertising injury;
d. discrimination as a result of race, religion, sex, marital status, age,
intellectual impairment, disability or otherwise (unless insurance thereof is
prohibited by law) not committed by you or at your direction, but only with
respect to liability other than fines and penalties imposed by law;
e. assault and battery not committed by you or at your direction, unless
committed for the purpose of preventing or eliminating danger to persons
or property.
Period of insurance the time for which this policy is in force as stated in the schedule.
Policy this policy wording, the schedule and any endorsements noted as included in
the schedule.
Pollution or Pollutants any substance, solid, liquid, gaseous or thermal irritant or contaminant including
but not limited to smoke, vapours, soot, fumes, acids, alkalis, chemicals and
waste materials. Waste materials include, but are not limited to, recycled,
reconditioned or reclaimed materials. However, pollution shall not include
asbestos or radiation or contamination.
Premium the amount stated against the premium in the schedule
Product any property after it has left your custody or control which has been
manufactured, constructed, erected, assembled, installed, grown, extracted,
produced or processed, treated, altered, modified, repaired, serviced, bottled,
labelled, handled, sold, supplied, re-supplied or distributed, imported or
exported, by you or on your behalf (including your predecessors in the
business), including any packaging or containers thereof, including the design,
formula or specification, directions, markings, instructions, advice or warnings
given or omitted to be given in connection with such products and anything
which, by law or otherwise, you are deemed to have manufactured in the
course of the business including discontinued products. Any food or drink
supplied by or on your behalf primarily to your employees as a staff benefit is
not a product.
Products liability Your legal liability in respect of bodily injury, personal injury and/or property
damage caused by or arising out of any products or the reliance upon a
representation or warranty made at any time with respect to such products;
but only where such bodily injury, personal injury and/or property damage
occurs away from premises owned or leased by or rented to you and after
physical possession of such products has been relinquished to others.
Property damage physical damage to tangible property, including all resulting loss of use,
possession or control of that property. All such loss of use shall be deemed to
occur at the time of the physical injury that caused it. For the purposes of this
insurance, electronic data is not tangible property.

Proposal the written proposal made by you to us together with any other related
particulars and statements that have been supplied to us and which have been
taken into consideration by us when deciding whether to provide this Insurance
and upon what terms.
Retroactive date the date specified against the Retroactive date in the schedule. If no
retroactive date is stated in the schedule, the retroactive date will be the
date the policy incepts.
Schedule headed schedule and bearing the policy number applicable to this insurance.
Territorial Limits the territory or location specified in the schedule. If the territorial limits are
not stated in the schedule then the territorial limits will be the territory where
you are domiciled. Territorial limits exclude North America, unless an
endorsement to this policy indicates otherwise.
Terrorism an act of terrorism including but limited to the use of force or violence and/or
the threat thereof, of any person or group of persons, whether acting alone or
on behalf of or in connection with any organisation or government, 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.
We, us, our the Lion Underwriting’s underwriters subscribing to this insurance noted in the
schedule
You, your, Insured a. the insured specified in the schedule as named insured;
b. the named insured’s subsidiaries, owned or controlled companies which
have been declared to and accepted by us, other than any Joint Ventures in
which such subsidiary, owned or controlled company has an interest;
c. any director or employee of the insured but only for acts within the scope of
their employment;
d. with regard to any Joint Venture in which the named insured or a subsidiary,
owned or controlled company of the named insured has an interest and
which interest has been declared to and accepted by us, your interest in any
joint venture is subject always to the following:
Our liability under this policy shall be limited to (a) your percentage interest
in the joint venture and (b) the total limit of liability afforded to you by this
policy. Where your percentage interest in the joint venture is not set out in
writing, the percentage to be applied shall be that which would be imposed by
law at the inception of the joint venture. Such percentage shall not be increased
by the insolvency of others interested in the joint venture; and
e. Your officers, committee and members of the canteen, social, sports,
medical, fire-fighting and welfare organisations in their respective capacity as
such;
f. Your legal or personal representative(s) in their capacity as such, in respect
of liability incurred by you, provided that if cover is extended to any such
party, that party shall be subject to the terms of this policy so far as they can
apply.
Every principal, in respect of that principal’s vicarious liability for the acts or
omissions of one of the insured designated in a or b or c in the performance by
them of work for the principal, but subject always to the extent of coverage and
the limit of indemnity provided by this policy.
Vehicle Any type of machine on wheels or on self-laid tracks made or intended to
be propelled other than manual or animal power, and any trailer or other
attachment to be utilised in conjunction with or drawn by any such machine

GOVERNING LAW AND DISPUTES CLAUSE
Any dispute between you and us arising out of or in connection with this policy shall be referred to arbitration before
a sole arbitrator (to be mutually agreed upon by you and us or failing agreement to be appointed by the Chairman for
the time being of the Bar Council of the state or territory where this policy incepted) whose decision shall be final and
binding on both parties.
As an alternative to the above paragraph, disputes arising from or in connection with this policy may be referred to a
recognised mediation service if the parties to this contract agree in writing.
Disputes arising from or in connection with this policy shall be governed by and construed in accordance with the laws
of Australia and the States and Territories. Each party agrees to submit to the jurisdiction of any Court of competent
jurisdiction in a State or Territory of Australia and to comply with all requirements necessary to give such Court
jurisdiction. All disputes arising under this policy shall be determined in accordance with the law and practice of such
Court.
INTERPRETATION
In this policy;
a. reference to any Act, statute or statutory provision shall include a reference to that provision as amended, re-
enacted or replaced from time to time whether before or after the date of the inception of this policy;
b. if any term, condition, exclusion or endorsement or part is found to be invalid or unenforceable the remainder
shall be in full force and effect;
c. headings are for reference only and shall not be considered when determining the meaning of this policy.

Lion Underwriting Broadform Liability Policy

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