This document is the policy wording for a Zurich Steadfast General and Products Liability Insurance policy. It includes definitions of key terms used in the policy such as advertising injury, bodily injury, occurrence, named insured, and products liability. It also outlines important information for policyholders regarding cooling-off periods, complaints handling, and claims procedures. The document provides the detailed terms and conditions of the general liability and products liability coverage provided by the insurance policy.
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Tại sao lại là sách ?
Bản thân chúng tôi được truyền cảm hứng rất nhiều từ những câu chuyện về những nhà sáng lập IBM, Sony, Samsung, Hyundai..Nó làm chúng tôi hừng hực khí thế, sôi sục một ước mơ xây dựng những công ty vĩ đại có thể thay đổi đất nước Việt Nam này và vươn ra toàn cầu. Ước mơ một nền văn hóa, một tinh thần chiến đấu, đoàn kết của người Nhật....một sự cách tân, một giấc mơ Mỹ. VÀ BOOKBOOMING SINH RA ĐỂ MANG LẠI GIẤC MƠ ĐÓ CHO CÁC BẠN.
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http://bookbooming.com/
Tại sao lại là sách ?
Bản thân chúng tôi được truyền cảm hứng rất nhiều từ những câu chuyện về những nhà sáng lập IBM, Sony, Samsung, Hyundai..Nó làm chúng tôi hừng hực khí thế, sôi sục một ước mơ xây dựng những công ty vĩ đại có thể thay đổi đất nước Việt Nam này và vươn ra toàn cầu. Ước mơ một nền văn hóa, một tinh thần chiến đấu, đoàn kết của người Nhật....một sự cách tân, một giấc mơ Mỹ. VÀ BOOKBOOMING SINH RA ĐỂ MANG LẠI GIẤC MƠ ĐÓ CHO CÁC BẠN.
NHỮNG NGƯỜI NÀO KHÔNG ĐỌC SÁCH LÀ HỌ ĐÃ LÃNG PHÍ MỘT NỬA CUỘC ĐỜI MÌNH
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Modelo de folha para estudos. Similar com a formatação de página de livros da área de saúde, na qual é dividida em duas colunas, com margens e espaçamento entre linhas pequenas. Uma linha com pontos mais escuros colocados em sequencia, com uma distância de 1cm entre um e outro, é colocada a cada 4 linhas sem pontos escuros, servindo como referência para desenhar com mais exatidão tabelas, gráficos, fluxogramas e representações esquemáticas, associadas aos textos.
This document shows the detailed specification of our 340g/m2 shade sail material supplied by Gale Pacific in Australia and used in the manufacture of our 340PRO shade sails marketed in France by https://voiledombragefrance.fr/
Autoclave Sterilizer and Medical Sterilizing Equipment - We are manufacturer and suppliers of Medical Autoclave, Autoclaves Sterilizers, Autoclaves/Pressure Steam Sterilizers, Stainless Steel Instrument Sterilizers, Dressing Drums, Hot Air Sterilizers, Hot Plates and Steam Indicator Strips
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Modelo de folha para estudos. Similar com a formatação de página de livros da área de saúde, na qual é dividida em duas colunas, com margens e espaçamento entre linhas pequenas. Uma linha com pontos mais escuros colocados em sequencia, com uma distância de 1cm entre um e outro, é colocada a cada 4 linhas sem pontos escuros, servindo como referência para desenhar com mais exatidão tabelas, gráficos, fluxogramas e representações esquemáticas, associadas aos textos.
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Internet multicast introduces a range of new security threats to a network. These threats are not necessarily any more or less destructive than those found in unicast-only networks, but they represent a new class of vulnerability that may be unfamiliar to those with minimal multicast experience. Juniper Networks® Junos® operating system offers the most comprehensive set of features in the industry for securing a multicast infrastructure. This expertise comes from lessons learned after more than a decade of deployment experience in the world’s largest Internet backbones. The following is a detailed set of recommended best practices for securing a multicast infrastructure of Juniper Networks routers.
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4. Zurich Steadfast General and Products
Liability Insurance
About Zurich Headings have been included for ease of reference and it is
understood and agreed that the terms and Conditions of this
The insurer of this product is Zurich Australian Insurance Limited
Policy are not to be construed or interpreted by reference to
(ZAIL), ABN 13 000 296 640, AFS Licence Number 232507, a
such headings.
subsidiary of Zurich Financial Services Australia Limited (ZFSA).
In this policy wording, ZAIL may also be expressed as ‘Zurich’, The insurance by this Policy shall be invalid unless the Schedule
‘We’, ‘Us’ or ‘Our’. and any alterations to the wording are signed by a person
authorised by Us.
ZFSA provides wealth protection and wealth creation solutions,
offering general insurance for commercial customers, and life If You have any questions regarding this Policy, please contact
risk, investments and superannuation solutions for corporates Your Steadfast representative.
and personal customers. Zurich’s solutions and services are
primarily accessible through insurance brokers, financial advisers Cooling-Off Information
and other intermediaries. If You want to return Your insurance after Your decision to
buy it, You may cancel it and receive a full refund. To do this
ZFSA is part of the worldwide Zurich Financial Services Group,
You may notify your Steadfast representative electronically
an insurance-based financial services provider with a global
or in writing within twenty-one (21) days from the date this
network of subsidiaries and offices in North America and
Policy commenced.
Europe as well as in Asia Pacific, Latin America and other
markets. Founded in 1872, the Group is headquartered in This cooling-off right does not apply if You have made or are
Zurich, Switzerland. It employs approximately 60,000 people entitled to make a claim. Even after the cooling-off period
serving customers in more than 170 countries. ends, You still have cancellation rights. However, your Steadfast
representative may deduct certain amounts from any refund for
About Steadfast administration costs or any non-refundable taxes.
Steadfast Group Limited (Steadfast) is an unlisted public
company comprising over 270 shareholders. Each shareholder The General Insurance Code of Practice
is an independent insurance brokerage. This Policy is available Zurich, as a member of the Insurance Council of Australia
exclusively to You through the shareholders of Steadfast. Limited, subscribes to the General Insurance Code of Practice.
Steadfast does not issue, guarantee or underwrite this Policy.
The purpose of the Code is to raise the standards of practice
and service in the general insurance industry.
Important information about Steadfast’s advice
Any advice Steadfast gives about this Policy does not take into The Code aims to:
account any of Your particular objectives, financial situation or
• constantly improve claims handling in an efficient, honest
needs. For this reason, before You act on Steadfast’s advice,
and fair manner;
You should consider the appropriateness of the advice taking
into account Your own objectives, financial situation and needs. • build and maintain community faith and trust in the
Before You make any decisions about whether to acquire this financial integrity of the insurance industry; and
Policy We recommend You read this insurance Policy.
• provide helpful community information and education
Important Information about general insurance.
This Policy and Your current Schedule are important. Please Privacy
ensure that You read them carefully and keep them in a
Zurich is bound by the National Privacy Principles and the
safe place.
Privacy Act 1988 (Cth).
The Policy, current Schedule, Claims Conditions, General
We may need to collect personal information (‘Information’)
Conditions, Exclusions, Definitions and Endorsements (if any),
from You for the primary purpose of providing You with
are to be read together as one contract.
insurance products, services, processing and assessing claims.
Where any word or expression has been given a specific
If You do not to provide Us with the Information, We may not
meaning under the heading ‘Definitions’, such word or
be able to process Your application or assess Your claims.
expression shall bear that meaning wherever it may appear in
this Policy, unless such meaning is inapplicable to the context in By providing Us with Your Information, You consent to Us
which such word or expression appears. disclosing Your Information to other insurers, Our service
providers, Our business partners or as required by law.
Page 3 of 20
5. For further information about Zurich’s Privacy Policy, a list of Liability Assumed by You Under an Agreement
service providers and business partners that We may disclose It is not possible for You to transfer to Us the entire spectrum
Your Information to, or details of how You can access the of legal liabilities which You may be compelled to bear under
Information we hold about You, please refer to the Privacy link on the terms of a wide variety of Indemnity and/or Hold Harmless
Our homepage – www.zurich.com.au, contact Us by telephone Clauses frequently inserted into commercial business contracts
on 132 687 or email Us at Privacy.Officer@zurich.com.au by principals, lessors or other parties.
Complaints and Disputes Resolution Liability assumed by You under an agreement is covered only
If You have a complaint about this insurance product issued to the extent described in this General and Products Liability
by Us or a service You have received from Us, including the Insurance Policy.
settlement of a claim, please contact Your Steadfast broker to Prior to accepting legal liability for loss, destruction, damage
initiate the complaint with Us. If You are unable to contact Your or injury, which would not otherwise have attached to You at
Steadfast broker, call Us on 132 687. If You are not satisfied law, You should contact either Your Steadfast representative
with Our initial response, You may then use Our Internal or Us to enquire whether this General and Products Liability
Disputes Resolution process or, ultimately, Our External Disputes Insurance Policy covers such liability or, if not, whether it may
Resolution Scheme. be so extended.
Claims Contact for Assistance or Confirmation of Cover
This Policy only provides cover in respect of Personal Injury If You need to confirm any Policy transaction or clarify any of
and/or Property Damage and Advertising Liability that occurs the information contained in this Policy document or if You
during the Period of Insurance. have any other queries, please contact either Your Steadfast
representative or Us.
Your responsibilities
Duty of Disclosure
1. Definitions
Before You enter into a contract of general insurance with Us, For the purpose of determining the cover provided by
(which includes this General and Products Liability Insurance this Policy:
Policy) You have a duty under the Insurance Contracts Act 1984 1.1 Act of Terrorism means:
(Cth) to tell Us everything that You know, or could reasonably
any act, or preparation in respect of action, or threat
be expected to know, is relevant to Our decision to insure You
of action designed to influence the government de
and the terms and conditions on which We insure You.
jure or de facto of any nation or any political division
You have the same duty to tell Us those things before We issue thereof, or in pursuit of political, religious, ideological
cover, renew, extend, vary or reinstate a policy of insurance. or similar purposes to intimidate the public or a
section of the public of any nation by any person
Information You do not need to give or group(s) of persons whether acting alone or on
You do not have to tell Us anything that: behalf of or in connection with any organisation(s)
• reduces the risk; or government(s) de jure or de facto, and which:
• is common knowledge; 1.1.1 involves violence against one or more
• We already know or should know in the ordinary course persons;
of Our business; 1.1.2 involves damage to property;
• has been indicated by Us as not necessary to know. 1.1.3 endangers life other than that of the
person committing the action;
Non-Disclosure
If You fail to comply with Your duty of disclosure, We may 1.1.4 creates a risk to health or safety of the
be entitled to reduce Our liability under the contract in respect public or a section of the public; or
of a claim or may cancel the contract.
1.1.5 is designed to interfere with or to disrupt
If Your non-disclosure is fraudulent, We may also have the an electronic system.
option of avoiding the contract from its beginning.
Page 4 of 20
6. 1.2 Advertising Injury means: 1.4.7 private work undertaken by Your employees
Injury arising out of: for any of Your directors, partners,
proprietors, officers or executives.
1.2.1 defamation; or
1.4.8 the provision and/or management of any
1.2.2 any breach of the misleading or deceptive canteen, social and/or sporting clubs or
conduct provisions of the Trade Practices educational, welfare and/or child care
Act 1974 (Commonwealth) or any Fair facilities by You or on Your behalf, which
Trading or similar legislation of any country, are primarily for the benefit of Your
state or territory; or employees.
1.2.3 any infringement of copyright or passing 1.5 Compensation means:
off of title or slogan; or
monies paid or agreed to be paid by judgment,
1.2.4 unfair competition, piracy, award or settlement in respect of Personal Injury
misappropriation of advertising ideas or and/or Property Damage and/or Advertising Injury.
style of doing business; or
Provided that such Compensation is only payable
1.2.5 invasion of privacy, in respect of an Occurrence to which this insurance
applies.
committed or alleged to have been committed
during the Period of Insurance in any advertisement, 1.6 Deductible means:
publicity article, broadcast or telecast and caused by the first amount of each claim or series of claims
or arising out of Your advertising activities. arising out of any one Occurrence for which You
1.3 Aircraft means: are responsible.
any craft or object designed to travel through air The Deductible applicable to this insurance appears
or space, other than model aircraft or unmanned in the Schedule.
inflatable balloons used for advertising or
The Deductible applies to all amounts for which
promotional purposes.
We will be liable, including the indemnity provided
1.4 Business means: by Insuring Clause 2.2 (Defence Costs and
the business as described in the Schedule and/or as Supplementary Payments).
further described in any more specific underwriting 1.7 Electronic Data means:
information provided to Us, at the time when this
facts, concepts and information converted to a form
insurance was proposed to Us or at the time of any
useable for communications, display, distribution,
renewal of this Policy, and shall also include:
interpretation or processing by electronic and
1.4.1 any prior operations or activities which electromechanical data processing or electronically
have ceased or have been disposed of but controlled equipment and includes programmes,
for which You may retain a legal liability. software and other coded instruction for such
equipment.
1.4.2 the ownership of premises and/or the
tenancy thereof by You. 1.8 Employment Practices means:
1.4.3 participation in any exhibition by You or on any wrongful or unfair dismissal, denial of natural
Your behalf. justice, defamation, misleading representation or
advertising, harassment or discrimination in respect
1.4.4 the hire or loan of plant and/or equipment
of Your employees.
to other parties.
1.4.5 conducted tours of Your premises.
1.4.6 the provision of any sponsorships, charities,
galas, first aid, medical, ambulance or fire
fighting services by You or on Your behalf.
Page 5 of 20
7. 1.9 General Liability means: Medical Persons includes but is not limited to:
1.13
Your legal liability in respect of Personal Injury and/ medical practitioners, medical nurses, dentists and
or Property Damage and/or Advertising Injury first aid attendants.
happening in connection with the Business and
Named Insured means:
1.14
caused by or arising out of an Occurrence other than
Products Liability. 1.14.1 the person(s), corporations and/or other
organisations specified in the Schedule;
Geographical Limits means:
1.10
1.14.2 all existing subsidiary and/or controlled
1.10.1 anywhere in the World except North corporations (including subsidiaries thereof)
America. of the Named Insured incorporated in the
1.10.2 North America, but only with respect to: Commonwealth of Australia and/or any
other organisations under the control of
1.10.2.1 overseas business visits by any of
the Named Insured;
Your directors, partners, officers,
executives or employees, who are 1.14.3 all subsidiary and/or controlled
non-resident in North America, corporations (including subsidiaries
but not where they perform thereof) of the Named Insured and/or any
manual work in North America. other organisations under the control of
the Named Insured incorporated in the
1.10.2.2 Products exported to North Commonwealth of Australia and which
America without Your knowledge. are constituted or acquired by the Named
Hovercraft means:
1.11 Insured during the Period of Insurance.
any vessel, craft or thing made or intended to 1.14.4 every subsidiary and/or controlled
transport persons or property over land or water corporation and/or other organisation
supported on a cushion of air. of the Named Insured which is divested
during the Period of Insurance, but
Incidental Contracts means:
1.12
only in respect of claims made against
1.12.1 any written rental and/or lease and/or such divested subsidiary or controlled
hiring agreement of real and/or personal corporation or organisation caused by or
property, other than with respect to any arising out of Occurrences insured against
term or condition contained in such rental, by this Policy, which occurred prior to the
lease and/or hiring agreement that requires date of divestment.
You to insure such property.
North America means:
1.15
1.12.2 any written contract with any authority
1.15.1 the United States of America and the
or entity responsible for the supply of
Dominion of Canada;
electricity, fuel, gas, natural gas, air, steam,
water, sewerage reticulation control 1.15.2 any state, territory or protectorate
systems, waste disposal facilities, telephone incorporated in, or administered by, the
and communication services or other United States of America or the Dominion
essential services, except those contracts of Canada; and
in connection with work done for such 1.15.3 any country or territory subject to the laws
authorities or entities. of the United States of America or the
Dominion of Canada.
1.12.3 any written contract with any railway
authority for the loading, unloading and/or Occurrence means:
1.16
transport of Products, including contracts an event, including continuous or repeated exposure
relating to the operation of railway sidings. to substantially the same general conditions, which
1.12.4 those contracts designated in the Schedule. results in Personal Injury and/or Property Damage
and/or Advertising Injury that is neither expected nor
intended (except for the matters set out in clause
1.18.6) from Your standpoint.
Page 6 of 20
8. With respect to Personal Injury and/or Property 1.19 Pollutants means:
Damage, all events of a series consequent upon or any solid, liquid, gaseous or thermal irritant or
attributable to one source or original cause shall be contaminant including smoke, vapours, soot, fumes,
deemed to be one Occurrence. acids, alkalis, chemicals and waste material. ‘Waste
All Advertising Injury arising out of the same material’ includes materials that are intended to be
injurious material or act (regardless of the frequency recycled, reconditioned or reclaimed.
or repetition thereof, the number and kind of media Products means:
1.20
used, or the number of claimants) shall be deemed
anything manufactured, constructed, erected,
to be one Occurrence.
assembled, installed, grown, extracted, produced
Period of Insurance means:
1.17 or processed, treated, altered, modified, repaired,
the Period of Insurance specified in the Schedule serviced, bottled, labelled, handled, sold, supplied,
and any extension thereof which may be agreed in re-supplied or distributed, imported or exported, by
writing between You and Us. You or on Your behalf (including Your predecessors
in the Business), including any packaging or
Personal Injury means:
1.18 containers thereof, including the design, formula
1.18.1 bodily injury, death, sickness, disease, or specification, directions, markings, instructions,
illness, disability, shock, fright, mental advice or warnings given or omitted to be given
anguish and/or mental injury, including in connection with such products and anything
loss of consortium or services resulting which, by law or otherwise, You are deemed to have
therefrom; manufactured in the course of the Business including
discontinued products.
1.18.2 false arrest, false imprisonment, wrongful
detention, malicious prosecution or Provided always that for the purpose of this insurance
humiliation; the term ’Products’ shall not be deemed to include:
1.18.3 wrongful entry or wrongful eviction; 1.20.1 food and beverages supplied by You or on
Your behalf primarily to Your employees as
1.18.4 defamation or invasion of privacy, unless
a staff benefit;
arising out of Advertising Injury;
1.20.2 any vending machine or any other property
1.18.5 discrimination as a result of race, religion,
rented to or located for use of others but
sex, marital status, age, intellectual
not sold by You,
impairment, disability or otherwise (unless
insurance thereof is prohibited by law) not and any claims made against You in respect of
committed by You or at Your direction, Personal Injury and/or Property Damage arising
but only with respect to liability other than out of any Occurrence in connection with 1.20.1
fines and penalties imposed by law; and 1.20.2 shall be regarded as General Liability
claims hereunder.
1.18.6 assault and battery not committed by You
or at Your direction, unless committed for Products Liability means:
1.21
the purpose of preventing or eliminating Your legal liability in respect of Personal Injury and/
danger to persons or property. or Property Damage caused by or arising out of
In the event of Personal Injury claims arising from any Products or the reliance upon a representation
latent injury, latent sickness, latent disease, latent or warranty made at any time with respect to such
illness or latent disability: such injury, sickness, products; but only where such Personal Injury and/or
disease, illness or disability in respect of each claim Property Damage occurs away from premises owned
shall be deemed to have occurred on the day such or leased by or rented to You and after physical
injury, sickness, disease, illness or disability was first possession of such products has been relinquished
medically diagnosed. to others.
Page 7 of 20
9. Property Damage means:
1.22 1.29 Your, Insured
You,
1.22.1 physical loss, destruction of or damage to Each of the following is an Insured to the extent
tangible property, including the loss of use specified below:
thereof at any time resulting therefrom;
1.29.1 the Named Insured.
and/or
1.29.2 every past, present or future director,
1.22.2 loss of use of tangible property which
stockholder or shareholder, partner,
has not been physically lost, destroyed or
proprietor, officer, executive, employee or
damaged; provided that such loss of use is
volunteer of the Named Insured (including
caused by or arises out of an Occurrence.
the spouse or any family member of any
Schedule means:
1.23 such person while accompanying such
the most current schedule issued by Us in person on any commercial trip or function
connection with this Policy. in connection with the Business) while such
persons are acting for or on behalf of the
1.24 Tool of Trade means: Named Insured and/or within the scope of
a Vehicle that has tools, implements, machinery their duties in such capacities.
or plant attached to or towed by the Vehicle and
1.29.3 any employee superannuation fund or
is being used by You at Your premises or on any
pension scheme managed by or on behalf
Worksite. Tool of Trade does not include any
of the Named Insured, and the trustees
Vehicle whilst travelling to or from a Worksite or
and the directors of the trustee of any such
Vehicles that are used to carry goods to or from
employee superannuation fund or pension
any premises.
scheme which is not administered by
Vehicle means:
1.25 corporate fund managers.
any type of machine on wheels or on self-laid tracks 1.29.4 every principal in respect of the principal’s
made or intended to be propelled by other than liability arising out of:
manual or animal power, and any trailer or other
attachment to be utilised in conjunction with or 1.29.4.1 the performance by or on behalf
drawn by any such machine. of the Named Insured of any
contract or agreement for the
Watercraft means:
1.26 performance of work for such
any vessel, craft or thing made or intended to float principal, but only to the extent
on or in or travel on or through water, other than required by such contract or
model boats. agreement and in any event only
for such coverage and Limits
1.27 Us, Our, Ourselves means:
We,
of Liability as are provided by
Zurich Australian Insurance Limited,
this Policy.
ABN 13 000 296 640, AFS Licence Number 232507.
1.29.4.2 any Products sold or supplied
Worksite means:
1.28
by the Named Insured, but
any premises or site where any work is performed only in respect of the Named
for and/or in connection with the Business together Insured’s own acts or omissions
with all areas surrounding such premises or site and/ in connection with such products
or all areas in between such premises or site that and in any event only for such
You shall use in connection with such work. coverage and Limits of Liability as
are provided by this Policy.
Page 8 of 20
10. 1.29.5 every person, corporation, organisation, 2. Insuring Clauses
trustee or estate to whom or to which the
2.1 What We Cover
Named Insured is obligated by reason of
any law, agreement or permit (whether We agree (subject to the terms, Claims Conditions,
written or implied) to provide insurance General Conditions, Exclusions, Definitions and Limits
such as is afforded by this Policy, but of Liability incorporated herein) to pay to You or on
only to the extent required by such law, Your behalf all amounts which You shall become
agreement or permit and in any event only legally liable to pay as Compensation in respect of:
for such coverage and Limits of Liability as 2.1.1 Personal Injury; and/or
are provided by this Policy.
2.1.2 Property Damage; and/or
1.29.6 every officer, member, employee or
2.1.3 Advertising Injury,
voluntary helper of the Named Insured’s
canteen, social and/or sporting clubs, first happening during the Period of Insurance within
aid, medical, ambulance or fire fighting the Geographical Limits, in connection with the
services, charities, educational, welfare Business or Your Products and/or work performed
and/or child care facilities, while acting in by You or on Your behalf and caused by or arising
their respective capacities as such. out of an Occurrence.
1.29.7 any director, partner, proprietor, officer or 2.2 Defence Costs and Supplementary Payments
executive of the Named Insured in respect With respect to the indemnity provided by this Policy,
of private work undertaken by the Named We will:
Insured’s employees for such person and
any employee whilst actually undertaking 2.2.1 defend, in Your name and on Your behalf,
such work. any claim or suit against You alleging such
Personal Injury and/or Property Damage
1.29.8 the estates, legal representatives, heirs or and/or Advertising Injury and seeking
assigns of: damages on account thereof even if any
1.29.8.1 any deceased or insolvent of the allegations of such claim or suit is
persons; or groundless, false or fraudulent.
1.29.8.2 persons who are unable to 2.2.2 pay all charges, expenses and legal
manage their own affairs by costs incurred by Us and/or by You at
reason of mental disorder or Our written request or with Our written
incapacity, consent (which consent shall not be
unreasonably withheld):
who would otherwise be indemnified by
this Policy, but only in respect of liability 2.2.2.1 in the investigation, defence or
incurred by such persons as described in settlement of such claim or suit,
clauses 1.29.8.1 and 1.29.8.2 above. including loss of salaries or wages
because of Your attendance at
1.29.9 every party including joint venture
hearings or trials at Our request, or
companies and partnerships to whom the
Named Insured is obligated by virtue of any 2.2.2.2 in bringing or defending appeals
contract or agreement to provide insurance in connection with such claim
such as is afforded by this Policy; but only or suit.
to the extent required by such contract 2.2.3 pay:
or agreement and in any event only for
such coverage and Limits of Liability as are 2.2.3.1 all charges, expenses and
provided by this Policy. legal costs recoverable from or
awarded against You in any such
claim or suit; and
Page 9 of 20
11. 2.2.3.2 pre-judgment interest awarded 2.2.6 pay all legal costs incurred by You with Our
against You on that part of the consent for representation of You at:
judgment payable by Us; and
2.2.6.1 any Coronial Inquest or Inquiry.
2.2.3.3 all interest accruing on Our
2.2.6.2 any proceedings in any court
portion of any judgment until We
or tribunal in connection with
have paid, tendered or deposited
liability insured against by this
in court that part of such
Policy.
judgment which does not exceed
the limit of Our liability thereon. 2.2.6.3 any Royal Commission or
Government Enquiry arising out
2.2.4 pay premiums on:
of any alleged breach of statutory
2.2.4.1 bonds to release attachments duty, or other similar judicial
for amounts not exceeding the enquiry into circumstances
applicable Limit of Liability of relating to any Occurrence, claim
this Policy but We shall have no or potential claim which would
obligation to apply for or furnish be the subject of indemnity under
any such bond. this insurance.
2.2.4.2 appeal bonds and/or security for 2.2.6.4 any enquiry, prosecution or
costs required in any suit but We hearing of a disciplinary nature
shall have no obligation to apply held before a legally constituted
for or furnish any such bonds enquiry board, committee,
and/or security for costs. licensing authority or the like.
2.2.5 pay expenses incurred by You for: Provided that Our liability under clauses
2.2.6.3 and 2.2.6.4 shall not exceed
2.2.5.1 rendering first aid and/or surgical
$250,000 in respect of any one claim
and/or medical and/or therapeutic
or series of claims arising out of any
relief to others at the time of any
one Occurrence.
Personal Injury (other than any
medical expenses, which we are The amounts of such Defence Costs and
prevented from paying by any Supplementary Payments incurred, except
law). payments in settlement of claims and suits, are
payable by Us in addition to the applicable Limit
2.2.5.2 temporary protection of damaged
of Liability of this Policy.
or undamaged property of
any person or party, including However, in respect of any claims or suits
temporary repairs, shoring up originating in any court in North America, the
and/or unpinning thereof. applicable Limit of Liability shown in the Schedule
shall be inclusive of all Defence Costs and
2.2.5.3 purchasing and/or hiring and/
Supplementary Payments.
or erection and dismantling of
hoarding, barriers, fences and Where We are prevented by law or otherwise
any other form of temporary from making payments on Your behalf, We will
protection, including such indemnify You for legal liability incurred to the
protection which You must extent that such liability is covered by this Policy.
provide in compliance with the
In jurisdictions where We may not legally be
requirements of any Government,
permitted to, or cannot for any other reason,
Local Government or other
defend any claim or suit against You, We will
Statutory Authority.
reimburse You for the expense of such defence
incurred with Our written consent.
Page 10 of 20
12. 2.3 Limits of Liability and Deductible 2.5.2 cover is not provided for:
Subject to clause 2.2 above and clauses 2.4 and 2.5.2.1 Personal injury and/or Property
3.16.5 below: Damage directly or indirectly
2.3.1 The Limit of Liability specified in the caused by or arising out of the
Schedule represents the maximum amount discharge, dispersal, emission,
which We shall be liable to pay in respect release or escape of Pollutants.
of any one claim or series of claims for 2.5.2.2 the cost of removing, nullifying or
General Liability arising out of any one clean up of Pollutants.
Occurrence.
2.5.2.3 the cost of preventing the escape
2.3.2 The Limit of Liability specified in the of Pollutants.
Schedule represents the maximum amount
which We shall be liable to pay in respect 2.5.2.4 any claim for Compensation if in
of any one claim or series of claims, and North America You have:
in the aggregate during any one Period of (a) any assets other than
Insurance, for Products Liability. Products,
The applicable Limit of Liability will not be reduced (b) a related or subsidiary
by the amount of any Deductible payable by You. company;
2.4 Additional Benefit – Claims Preparation Costs (c) any person or entity with
In addition to the amount of cover provided by power of attorney; and/or
this Policy, We will pay up to $25,000 in respect
(d) any franchisor or franchisee.
of each claim or series of claims arising out of any
one Occurrence for reasonable professional fees 3. What we exclude
and such other expenses incurred by You for the We do not cover any liability:
preparation of a claim under this Policy.
3.1 Advertising Injury
The cover provided under this Additional Benefit
for Advertising Injury:
operates in addition to and shall not in any way affect
the cover provided under clause 2.2 of this Policy. 3.1.1 resulting from statements made at Your
direction with knowledge that such
2.5 Optional Additional Benefit – Products
statements are false.
Exported to North America with Your
Knowledge (Applicable only where this 3.1.2 resulting from failure of performance of
Additional Benefit is confirmed in the Schedule) contract but this exclusion shall not apply
The cover provided by this Policy is extended to to claims for unauthorised appropriation
include any judgment, award or settlement made of advertising ideas contrary to an implied
within North America or any order made anywhere contract.
in the World to enforce such judgment, award or 3.1.3 resulting from any incorrect description of
settlement either in whole or in part, subject to the Products or services.
following additional terms and exclusions in respect
3.1.4 resulting from any mistake in advertised
of any such judgment, award or settlement:
price of Products or services.
2.5.1 cover only applies to Your legal liability in
3.1.5 failure of Your Products or services to
respect of Personal Injury and/or Property
conform with advertised performance,
Damage that arises out of any Products
quality, fitness or durability.
exported to North America with Your
knowledge. 3.1.6 incurred by any Insured whose principal
occupation or business is advertising,
broadcasting, publishing or telecasting.
Page 11 of 20
13. 3.2 Aircraft, Hovercraft or Watercraft 3.5 Breach of Professional Duty
for Personal Injury and/or Property Damage arising arising out of any breach of duty owed in a
from: professional capacity by You and/or any person(s) for
whose breaches You may be held legally liable, but
3.2.1 the ownership, maintenance, operation or
this exclusion shall not apply to claims:
use by You of any Aircraft.
3.5.1 arising out of the rendering of or failure
3.2.2 the ownership, operation or use by You
to render professional medical advice
of any Watercraft or Hovercraft exceeding
by Medical Persons employed by You to
fifteen (15) metres in length, whilst such
provide first aid and other medical services
Watercraft or Hovercraft is on, in or under
on Your premises.
water.
3.5.2 arising out of advice or service which is not
Provided that Exclusion 3.2.2 shall not
given for a fee.
apply with regard to claims arising out of:
3.5.3 arising out of advice given in respect of the
3.2.2.1 Watercraft used in operations
use or storage of Your Products.
carried out by any independent
contractors for whose conduct 3.6 Contractual Liability
You may be held liable. which has been assumed by You under any contract
3.2.2.2 Hovercraft owned and operated or agreement that requires You to:
by others and used by You for 3.6.1 effect insurance over property, either real
business entertainment. or personal.
3.2.2.3 Watercraft owned by others 3.6.2 assume liability for, Personal Injury and/
and used by You for business or Property Damage regardless of fault;
entertainment. provided that this exclusion shall not apply
3.2.2.4 hand propelled or sailing craft with regard to:
exceeding fifteen (15) metres 3.6.2.1 liabilities which would have been
in length, whilst such craft is in implied by law in the absence of
territorial waters. such contract or agreement; or
3.3 Aircraft Products 3.6.2.2 liabilities assumed under
arising out of Your Products that are Aircraft or Incidental Contracts; or
Aircraft component parts used for maintaining an
3.6.2.3 terms regarding merchantability,
Aircraft in flight or moving upon the ground or used
quality, fitness or care of Your
in the construction of an Aircraft hull or machinery
Products which are implied by
which to Your knowledge are incorporated in
law or statute; or
an Aircraft.
3.6.2.4 liabilities assumed under the
3.4 Asbestos
contracts specifically designated
directly or indirectly arising out of, resulting from, in the Schedule or in any
in consequence of, contributed to or aggravated by endorsement(s) to this Policy.
asbestos in whatever form or quantity.
3.7 Damage to Products
for Property Damage to any Products where such
damage is directly caused by a fault or defect in such
Products; but this exclusion shall be interpreted to
apply with respect to damage to that part and only
that part of such product to which the damage is
directly attributable.
Page 12 of 20
14. 3.8 Defamation 3.10.2 imposed by:
for defamation: 3.10.2.1 the provisions of any industrial
3.8.1 resulting from statements made prior award or agreement or
to the commencement of the Period determination or any contract
of Insurance. of employment or workplace
agreement where such
3.8.2 resulting from statements made at Your liability would not have been
direction with knowledge that such imposed in the absence of such
statements are false. industrial award or agreement
3.8.3 incurred by any Insured whose principal or determination or contract
occupation or business is advertising, of employment or workplace
broadcasting, publishing or telecasting. agreement.
3.9 Electronic Data 3.10.2.2 any law relating to Employment
Practices.
arising out of:
Notwithstanding Exclusion clause 3.6 – Contractual
3.9.1 the communication, display, distribution
Liability, Exclusions 3.10.1 and 3.10.2 shall not
or publication of Electronic Data; provided
apply with respect to liability of others assumed
that this Exclusion 3.9.1 does not apply to
by the Named Insured under a written contract or
Personal Injury and/or Advertising Injury
agreement.
arising therefrom;
For the purpose of Exclusions 3.10.1 and 3.10.2:
3.9.2 the total or partial destruction,
distortion, erasure, corruption, alteration, (a) the term ‘Worker’ means any person
misrepresentation or misappropriation of deemed to be employed by You pursuant
Electronic Data; to any Workers’ Compensation Law.
Voluntary workers, secondees and work
3.9.3 error in creating, amending, entering,
experience students (if any) shall not be
deleting or using Electronic Data;
deemed to be Your Workers.
3.9.4 the total or partial inability or failure to
(b) the term ‘Bodily Injury’ means bodily injury,
receive, send, access or use Electronic Data
death, sickness, disease, illness, disability,
for any time or at all,
shock, fright, mental anguish and/or
from any cause whatsoever, regardless of any other mental injury, including loss of consortium
contributing cause or event whenever it may occur. or services resulting therefrom.
Employers Liability
3.10 Faulty Workmanship
3.11
3.10.1 for Bodily Injury to any Worker in respect for the cost of performing, completing, correcting
of which You are or would be entitled to or improving any work undertaken by You.
indemnity under any policy of insurance,
Fines, Penalties, Punitive, Exemplary or
3.12
fund, scheme or self insurance pursuant
Aggravated Damages
to or required by any legislation relating
to Workers’ Compensation or Accident for any fines, penalties, punitive, exemplary or
Compensation whether or not such aggravated damages.
policy, fund, scheme or self insurance has Liquidated Damages
3.13
been effected.
arising out of liquidated damages clauses, penalty
Provided that this Policy will respond to clauses or performance warranties except to the
the extent that Your liability would not extent that such liability would have attached in the
be covered under any such policy, fund, absence of such clauses or warranties.
scheme or self insurance arrangement
had You complied with Your obligations
pursuant to such law.
Page 13 of 20