Master Tradesman Plus - CovéaThank you for choosing Covéa Insurance. This is Your Master Tradesman Plus Policy. It sets out the details of Your insurance contract with Covéa Insurance

coveainsurance.co.uk

All information in this document is correct at thetime of printing (August 2016), for full up to dateinformation please visit our website

Aug 2016Master Tradesman PlusPolicy

Thank you for choosing Covéa Insurance.

This is YourMaster Tradesman Plus Policy. Itsets out the details of Your insurance contractwith Covéa Insurance.

Your premium has been calculated upon theinformation shown in the Policy Schedule andrecorded in Your Statement of Fact.

Please read the Policy and Schedule carefullyto ensure that the cover meets Yourrequirements.

Please contact Your insurance broker if Youhave any questions or if You wish to make anyadjustments.

Contact Numbers . . . . . . . . . . . . . . . . . . . . . . . . . 2

Customer Information . . . . . . . . . . . . . . . . . . . . 3

Registration and Regulatory Information . . . . 3

Complaints Procedure . . . . . . . . . . . . . . . . . . . . . . 3

Financial Services Compensation Scheme . . . . . . . . . . . . . . . . . . . . . 3

Choice of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

How to Cancel Your Policy . . . . . . . . . . . . . . . . . . 4

How We Use Your Information . . . . . . . . . . . . . 4

Employers Liability Tracing Office . . . . . . . . . . . 6

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

General Conditions . . . . . . . . . . . . . . . . . . . . . . . 8

General Exclusions . . . . . . . . . . . . . . . . . . . . . . 16

Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Policy Cover

Section A

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Section B

Public and Products Liability . . . . . . . . . . . . . . . 34

Section C

Employers’ Liability . . . . . . . . . . . . . . . . . . . . . . . 40

Section D

Tools Standard Plus Cover . . . . . . . . . . . . . . . . . 44

Section E

Goods in Transit . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section F

Contract Works . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Section G

Own Plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Section H

Hired in Plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

How to make a claim . . . . . . . . . . . . . . . . . . . . 57

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Contents

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Contact Numbers

Should You be unfortunateenough to have to make aclaim, Covéa InsuranceCommercial Care Line willmanage all aspects of theclaim for You from the time itis reported.• Dedicated telephone number –

0330 024 2266

• Dedicated fax number – 0330 024 2623

• By E-mail –[email protected]

• In writing – Covéa Insurance CommercialCare Line, Norman Place, Reading RG1 8DA

Covéa Insurance Commercial Care Line is aservice available to customers 24 hours a day,365 days a year. Staff trained in managingcommercial claims will:

• Take details of Your claim over the phone, inmost cases removing the need forcompletion of an incident report form.

• Take control of the management of Yourclaim from start to finish and arrangereplacement of goods lost or stolen using thelatest product information.

Our aim is to bring Your claim to a speedy andsatisfactory conclusion.

Business Legal HelplineAs a Covéa Insurance policyholder should Yourequire advice or guidance on any businesslegal problem, Youmay use the 24 hourtelephone helpline at any time within thePeriod of Insurance of this Policy.

This service is provided free of charge by CignaInsurance Services (Europe) Limited.

To take advantage of this free service telephone0330 024 2624 and quote Your Policy number.

Advice given to You will be confirmed in writingwhere necessary.

Commercial Care Line0330 024 2266

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CustomerInformation

Registration and RegulatoryInformationInsurance cover is provided by Covea Insuranceplc. Registered in England and Wales No.613259. Registered office: Norman Place,Reading, Berkshire RG1 8DA.

Covea Insurance plc is authorised by thePrudential Regulation Authority and regulatedby the Financial Conduct Authority and thePrudential Regulation Authority. Our FirmReference Number is 202277. You can checkthis on the Financial Services Register by visitingthe FCA’s website www.fca.org.uk/register or bycontacting the FCA on 0800 111 6768.

Complaints ProcedureIt is always Our intention to provide a first classstandard of service. However, We do appreciatethat occasionally things go wrong. In somecases the broker who arranged Your insurancewill be able to resolve any concerns, particularlyif Your complaint relates to the way the policywas sold, and You should contact them directly.

Alternatively, please contact Us using thefollowing details, quoting Your Policy or claimnumber:

Customer Relations, Covéa Insurance,Norman Place, Reading, Berkshire RG1 8DA.Telephone: 0330 221 0444Website: www.coveainsurance.co.ukEmail:[email protected]

Full details of the Covéa Insurance InternalComplaints Procedure are detailed in Ourleaflet ‘Complaints Procedure’ which isavailable on request or may bedownloaded from Our website atwww.coveainsurance.co.uk/complaints.

Youmay be eligible to refer Your complaint tothe Financial Ombudsman Service. There are afew instances where they will not be able toassist and they will confirm if Your complaint iseligible when You contact them. Their contactdetails are:

Financial Ombudsman ServiceExchange Tower,Harbour Exchange Square,London E14 9SRWebsite: www.financial-ombudsman.org.ukEmail:[email protected]

Financial Services CompensationSchemeWe are covered by the Financial ServicesCompensation Scheme (FSCS). Youmay beentitled to receive compensation from thescheme if We cannot meet Our obligations.

Further information is available from theFinancial Services Compensation Scheme,10th Floor, Beaufort House, 15 St BotolphStreet, London EC3A 7QU www.fscs.org.uk.

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CustomerInformationcontinued

Choice of LawThe parties to an insurance contract are free tochoose the law that will apply. Unless We agreein writing with You otherwise, this insuranceshall be subject to the law applying in that partof the United Kingdom, Channel Islands or Isleof Man where You have Your principal place ofbusiness. If there is any dispute, the law ofEngland and Wales shall apply.

How to Cancel Your PolicyIf You do not want to accept the Policy Youhave the right to cancel it within 14 days fromthe date of purchase of Your Policy or the dayYou receive Your Policy documentation,whichever is later. To do this Youmust returnthe Policy documentation to Your broker whengiving Your instruction to cancel.

If cover has not yet started a full refund will begiven. If cover has started We will refund thepremium for the exact number of days left onthe Policy, less an additional charge of £25 plusthe prevailing rate of Insurance Premium Tax asstated on Your Policy Schedule. No refund willbe given if a claim has been submitted or therehave been any incidents likely to give rise to aclaim during the current Period of Insurance.We will also do this if You want to cancel thePolicy within 14 days after the renewal date.

Youmay cancel the Policy at any other time bycontacting Your broker.

If You cancel Your Policy after 14 days and aclaim has been submitted or there have beenany incidents likely to give rise to a claim duringthe current Period of Insurance, We will notrefund any part of the premium. If You have aLoan Agreement with Covéa Insurance, alloutstanding monies must be paid to Us asdescribed in Your Loan Agreement.

If no claims have been submitted and therehave been no incidents that are likely to giverise to a claim during the current Period ofInsurance, We will refund the premium for theexact number of days left on the Policy less anadditional charge of £25 plus the prevailingrate of Insurance Premium Tax as stated onYour Policy Schedule.

For Our rights to cancel Your Policy please seethe Our Rights to Cancel the Policy Conditionon page 11 of this Policy document.

How We Use Your Information

The personal information, provided by You, iscollected by or on behalf of Covea Insuranceplc and may be used by Us, Our employees,agents and service providers acting under Ourinstruction for the purposes of insuranceadministration, underwriting, claims handlingand for research, or statistical purposes.

Wemay also share Your information withreinsurers and regulators, as required by law.

From time to time Wemay need to undertakesome of the processing of Your data in

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countries outside of the European EconomicArea, and in such cases We will ensure thatthere is an agreement in place which givesequivalent assurances as found in the DataProtection Act 1998.

We will not use Your information or pass it onto any other person for the purposes ofmarketing further products or services to You.

We will collect sensitive information whendealing with Your Policy, We will however onlycollect information that is relevant to YourPolicy, its administration or claims handling.

Your personal information will be kept secure atall times.

Fraud Prevention and Detection

In order to prevent or detect fraud We willcheck Your details with various fraudprevention agencies, who may record a search.Searches may also be made against otherinsurers’ databases. If fraud is suspected,information will be shared with those insurers.Other users of the fraud prevention agenciesmay use this information in their own decisionmaking processes. Wemay also conduct creditreference checks in certain circumstances. Youcan find out further details explaining how theinformation held by fraud prevention agenciesmay be used or in which circumstances Weconduct credit reference checks and how thesechecks might affect Your credit rating bycontacting Covea Insurance plc.

Disclosure of Other People’s PersonalInformation

You should show this notice to anyone whosepersonal information You provide to Us. Youmust ensure that any such information Yousupply relating to anyone else is accurate andthat You have obtained their consent to theuse of their data for the purposes set outabove.

Your Rights

Under the Data Protection Act 1998 You havethe right of access to the personal informationheld about You by Covea Insurance plc. Youcan exercise this right by contacting Us. We willmake a charge of £10 for dealing with theserequests.

You have the right to request that We correctany inaccuracies in the personal informationWe hold about You. Please contact Yourinsurance broker, or Covea Insurance plc, ifYour personal information needs updating.

Consent

By providing Us with information, You alsoprovide Us with Your consent and that of anyother person whose information You provide, tothe personal information being used for thepurposes set out above.

How to Contact Us

Please visitwww.coveainsurance.co.uk/dataprotection ifYou would like some more detailed informationon how We share Your personal information.



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If You have any concerns about Our use ofYour information please write to CustomerRelations, Covea Insurance plc, Norman Place,Reading, RG1 8DA. Telephone: 0330 221 0444.If You contact Covea Insurance plc bytelephone Your call may be recorded fortraining and evidential purposes.

Employers Liability Tracing Office Certain information relating to Your insurancePolicy including, without limitation, the Policynumber(s), employers’ names and addresses(including subsidiaries and any relevantchanges of name), coverage dates, employer’sreference numbers provided by Her Majesty’sRevenue and Customs and Companies HouseReference Numbers (if relevant), will beprovided to the Employers’ Liability TracingOffice, (the “ELTO”) and added to an electronicdatabase, (the “Database”).

This information will be made available in aspecified and readily accessible form asrequired by the Employers’ Liability Insurance:Disclosure By Insurers Instrument 2010. Thisinformation will be subject to regular periodicupdating and certification and will be auditedon an annual basis.

The Database will assist individual consumerclaimants who have suffered an employmentrelated injury or disease arising out of theircourse of employment in the UK for employerscarrying on, or who carried on, business in theUK and who are covered by the employers’liability insurance of their employers, (the“Claimants”):

• to identify which insurer (or insurers) was (orwere) providing employers’ liability coverduring the relevant periods of employment;and

• to identify the relevant employers’ liabilityinsurance policies.

The Database will be managed by the ELTO.

The Database and the data stored on it may beaccessed and used by the Claimants, theirappointed representatives, insurers withpotential liability for UK commercial linesemployers’ liability insurance cover and anyother persons or entities permitted by law.

By entering into this insurance Policy You will be deemed to specifically consent to the use ofYour insurance Policy data in this way and forthese purposes.

Introduction

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Each Section of this Policy, the Schedule andany Endorsements, together with thisIntroduction, Customer Information and theDefinitions, General Conditions and GeneralExclusions shall be read as one document.

Any word or expression given a specificmeaning in:

1. the Schedule, and Policy Endorsements, orthis Introduction, the CustomerInformation and the Definitions, Conditionsand Exclusions shall have the samemeaning throughout the Policy unless Westate otherwise

2. an individual Section or any SectionEndorsements shall only have the samemeaning throughout such Section orEndorsement unless We state otherwise.

Any such word or expression given a specificmeaning shall be highlighted with a leadingcapital letter and in bold text within the Policywording.

In return for You having paid or agreed to paythe premium for the Period of Insurance, Wewill indemnify You, subject to the termscontained in or endorsed on the Policy, inrespect of loss Damage or liability or pay otherbenefits which fall within the operative Sectionsof this Policy, provided that the loss, Damageor injury which gives rise to the claim occurs (orin the case of the Employer's Liability Section iscaused) during the Period of Insurance and inconnection with the Business.

The Schedule shows the Sections of the Policythat are operative.

IMPORTANT

This Policy is a legal contract.

You have a duty to make a fair presentation ofthe risk which is covered by this Policy.Therefore You should ensure that anyinformation You have provided to Us and thecontent of any application form, declarationand / or Statement of Fact is accurate andcomplete. Where You have provided Us withinformation which relates to matters of Yourexpectation or belief, it does not matter if suchinformation turns out to be inaccurate providedthat You acted in good faith when Youprovided Us with such information. If You donot comply with Your duty to make a fairpresentation of the risk, Your Policy may not bevalid or the Policy may not cover You fully or atall.

Youmust also tell Us about any facts orchanges which affect Your insurance and whichhave occurred either since the Policy started orsince the last renewal date.

If You are not sure whether certain facts arerelevant please ask Your insurance broker. IfYou do not tell Us about relevant changes,Your Policy may not be valid or the Policy maynot cover You fully or at all.

You should keep a written record (includingcopies of letters) of any information You giveUs or Your insurance broker.


General Conditions

1. Claims procedure andrequirements

(a) It is a condition precedent to Our liabilitythat on the happening of any BodilyInjury or Damage You or Your legalpersonal representative shall at Your ownexpense

i. give immediate written notice to Us

ii. take all reasonable precautions toprevent further Bodily Injury orDamage

iii. within 30 days submit in writing fulldetails of the incident

iv. supply all estimates information andassistance as may be required

v. send to Us any writ summons or otherlegal process issued or commencedagainst You

vi. notify Us immediately of anyimpending prosecution inquest or fatalaccident inquiry

(b) It is a condition precedent to Our liabilitythat You shall not negotiate admit orrepudiate any liability without Our writtenconsent

(c) We shall be entitled

i. to negotiate defend or settle in thename of and on Your behalf any claimmade against You as We deemappropriate

ii. to prosecute at Our own expense andfor Our own benefit any claim forindemnity damages or otherwise inYour name

iii. at any time to pay to You the Limit ofIndemnity (after deduction of anyamount or amounts already paid) orany lesser sum for which a claim orclaims can be settled and upon suchpayment shall be under no furtherliability in respect of such claim orclaims except for Costs and Expensesincurred prior to the date of suchpayment

iv. on the happening of any occurrence ofDamage caused by theft orattempted theft or malicious personsYou shall give immediate notice to thePolice.

2. Application of heat and fireprecautions

This condition does not override anyEndorsement on the Policy excluding the use orapplication of heat or use of any equipment ormaterials otherwise covered by this condition

It is a condition precedent to Our liability that thefollowing precautions will be complied with byYou and/or any Employee and/or any of YourSub Contractors whenever work is undertakenaway from Your own premises involving the useof electric oxy-acetylene or other welding orflame cutting equipment blow lamps blow

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General Conditionscontinued

torches hot air guns tar bitumen or asphaltheaters or any other work involving the use orapplication of heat or the use of angle grinders

(a) a thorough examination of the immediatevicinity of the work including the area onthe other side of any wall door partitionroof or other horizontal structure shall bemade to ensure that no combustiblematerials (including materials to be workedupon or which have been worked upon andto the greatest extent practical anymaterials in the course of being workedupon) are in danger of ignition by direct orconducted heat

(b) any combustible material (includingmaterials to be worked upon or which havebeen worked upon and to the greatestextent practical any materials in the courseof being worked upon) shall be removed toa distance of not less than 10 metres fromthe point of work and any combustiblematerials (including materials to be workedupon or which have been worked upon andto the greatest extent practical anymaterials in the course of being workedupon) which cannot be moved to becovered and fully protected by overlappingsheets of non-combustible material orequivalent protection

(c) there is to be kept available for immediateuse at the site of the work either oneportable multi purpose dry powder orCarbon Dioxide fire extinguisher with aminimum capacity of 4.00 Kilograms or a

water fire extinguisher of not less than 8litres capacity made to current EuropeanStandards and serviced in accordance withcurrent European Standards

(d) the ignition and operation of all equipmentshall be strictly in accordance with themanufacturer’s instructions

(e) no lighted or switched on equipment is tobe left unattended and hot tools and hottips not in use are to be placed inincombustible containers

(f) any gas cylinders for the equipment usedare to be removed from the point ofapplication of heat as far as practicableduring use and outside the premises or atleast 15 metres from the point ofapplication of heat when not in use

(g) for one hour after completion of eachperiod of work involving the application ofheat and after the completion of workinvolving the application of heat in anyarea in such circumstances that the areapreviously worked upon ceases to besufficiently visible to ensure that anyoutbreak of fire or signs of the possibleoutbreak of fire will be noticed in any areaor areas in which work has been carried outshall not be left unattended and a thoroughinspection of the area surrounding thework including that described in paragraph(a) above shall be made at frequentintervals up to the end of the period of onehour to ensure that nothing is smouldering



and there is no risk of fire including thearea on the other side of any wall doorpartition roof or other horizontal structure

In addition it is a condition precedent to Ourliability that whenever tar bitumen asphalt orpitch heaters are in use away from Yourpremises tar bitumen asphalt or pitch should becarried in a suitable vessel and the vessel is tobe located at ground level and in the open air.

3. Flammable solventsIt is a condition precedent to Our liability thatwhenever solvents or glues with a flashpointbelow 23 degrees Centigrade are used theadditional precautions specified below will becomplied with by You and/or any Employeeand/or any of Your sub-contractors wheneverwork is undertaken away from Your ownpremises

(a) smoking by Your Employees or SubContractors must not take place

(b) no appliance for the application or supplyof heat is to be used

(c) prior to commencement of work the site ofwork is to be checked by You and all nakedflames in pilot lights and appliancesextinguished

(d) adequate ventilation must be maintainedwhere You or Your Employees or SubContractors are working.

4. Reasonable precautionsYou shall take all reasonable precautions

(a) in the selection and supervision ofEmployees and subcontractors

(b) to avoid Bodily Injury or Damage toproperty

(c) to maintain in good condition all PlantTools and equipment and shall comply withall statutory and local authorityrequirements including relevant BuildingRegulations Codes of Practice andStandards.

5. Alteration in riskYou or Your broker must tell Us immediately ifduring the Period of Insurance there is anyalteration in risk or to the facts which Youdisclosed when You took out this Policy, whichmaterially affects the risk of injury, loss,Damage or liability which would fall within thePolicy cover. This includes but is not limited toalterations to the Business.

When You tell Us about an alteration in risk,Wemay apply additional terms and conditionsto this Policy (including but not limited topremium) or, if the risk is unacceptable to Us,Wemay cancel the Policy in accordance withGeneral Condition 8 (Our Rights to Cancel thePolicy).

If an alteration creates an additional premium,this will be subject to a minimum premium of£10 plus the prevailing rate of Insurance

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Premium Tax. If as a result of a mid termalteration You are due a refund of premium,amounts of under £10 plus the prevailing rateof Insurance Premium Tax as stated on YourPolicy Schedule will not be returned to You, tocover administration costs.

If You fail to tell Us about an alteration in risk,Wemay:

(a) terminate the Policy back to the date whenthe alteration occurred, if We would havecancelled the Policy had You told Us of thealteration in risk;

(b) proportionately reduce the amountpayable in respect of a claim; and/or

(c) treat the Policy as if it contained suchdifferent terms (other than relating to thepremium) that We would have applied tothe Policy had You told Us of the alterationin risk.

Any reduction in claims payments orapplication of different terms will take effectfrom the date on which the alteration in riskoccurred.

Where We elect to proportionately reduce theamount payable in respect of a claim, We willpay a percentage of the claim, the percentagebeing calculated by comparing the premiumwhich You actually paid with the premiumwhich We would have charged had You told usabout the alteration in risk. For example, if thepremium which You actually paid is 70% of thepremium We would have charged, We will onlypay 70% of any claim.

6. Change of Risk or InterestThis Policy shall be avoided if:

(a) Your interest ceases other than by death

(b the Business be wound up or carried on bya liquidator or receiver or permanentlydiscontinued

at any time after the commencement of thisinsurance unless We have accepted thechange.

Nothing contained in this Policy shall give anyright against Us to any person other than Youexcept to a transferee approved by Us.

7. Other insuranceWe will not be liable in respect of any liabilitywhich is or would be but for the existence ofthis Policy insured by any other Policy except tothe extent of any excess beyond the amountthat is or would be but for the existence of thisPolicy payable under such other Policy.

8. Our Rights to Cancel the PolicyWe or any agent appointed by Us and actingwith Our authority have the right to cancelYour Policy where there is a valid reason fordoing so. We will give You fourteen days noticeof cancellation in writing, by recorded delivery,to the latest address We have for You and willset out Our reason for cancellation in Ourletter.



Valid reasons may include but are not limitedto:

(a) not

(i) paying a premium when it is due

(ii) cooperating with Us, or sending Usinformation or documentation thatmaterially affects Our ability toprocess the Policy or Our ability todefend Our interests

(iii) taking all reasonable precautions toprevent or minimise Damage accidentor injury as required by GeneralConditions – Reasonable precautionsof this Policy

and failing to put this right when We askYou to by sending You seven days writtennotice to Your latest address

(b) use of threatening or abusive behaviour orlanguage, or intimidation or bullying of Ourstaff or suppliers.

If We cancel Your Policy, We will refund thepremium for the exact number of days left onthe Policy less an additional charge of £25 plusthe prevailing rate of Insurance Premium Tax asstated on Your Policy Schedule.

If a claim has been submitted or there havebeen any incidents likely to give rise to a claimduring the current Period of Insurance, Wewill not refund any part of the premium.

If You have a Loan Agreement with Us to payfor Your insurance, outstanding monies may beowed when Your Policy is cancelled. They mustbe paid to Us as described in Your LoanAgreement.

For Your rights to cancel the Policy please see“How to Cancel Your Policy” on page 4 of thisPolicy document.

9. Damage to property under theground

We shall not be liable in respect of Damage tounderground pipes cables or other servicesunless You

(a) have taken all reasonable measures toascertain the location of all pipes cablesand other underground services before anywork is commenced which may involve arisk of Damage including but not limited toringing British Telecom 'Dial before youDig' to ensure there are no fibre optic orother cables in the area of Your work

(b) have retained a written record of themeasures taken to comply with (a) above.

10.No claims discountA discount will be allowed in calculatingpremiums for this Policy in accordance with thefollowing discount scale subject to no claimshaving been made resulting in payment or stillbeing outstanding


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Discount Scale

Number of claim free years Discount1 year 5%2 consecutive years 10%3 consecutive years 15%4 or more consecutive years 20%

Any claim made will result in the discountearned being reduced to nil.

11. Alteration in the number ofworkersWemust be advised within 14 days if thenumber of workers exceeds the numberspecified in the Schedule and any additionalpremium paid unless such workers aretemporary Employees and You areindemnified as agreed in the TemporaryEmployees Clause of this Policy.

12. Fair Presentation of the RiskYoumust make a fair presentation of the riskwhen You first take out this Policy and alsowhenever You renew it or ask Us to changeYour cover.

If You fail to make a fair presentation of the riskincluding failing to disclose or misrepresentinga material fact, or disclosing material facts toUs in a way which is not clear and accessible:.

Wemay avoid this Policy and refuse all claimswhere:

(a) such failure was deliberate or reckless; or

(b) We would not have entered into this Policyon any terms had Youmade a fairpresentation of the risk.

Should We avoid this Policy We:

(a) Shall treat the Policy as if it had not existedfrom the start date, the renewal date, or thedate when You asked Us to change Yourcover, depending on when the failure tomake a fair presentation of the riskoccurred

(b) shall return the premium paid for the periodfor which the Policy is treated as not havingexisted unless the failure to make a fairpresentation of the risk was deliberate orreckless

(c) may deduct from any return of premiumdue to You any monies already paid inrespect of claims falling within the periodfor which the Policy is treated as not havingexisted or require You to repay such claims.

Provided that any failure to make a fairpresentation of the risk is not deliberate orreckless, if We would have entered into orrenewed this Policy, or agreed to makechanges to Your cover on different terms hadYoumade a fair presentation of the risk, Wemay:

(a) proportionately reduce the amountpayable in respect of a claim; and/or

(b) treat the Policy as if it contained suchdifferent terms (other than relating to thepremium) that We would have applied to


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the Policy had Youmade a fairpresentation of the risk.

Any reduction in claims payments orapplication of different terms will take effectfrom the date on which the Policy started, wasrenewed or when changes were made to Yourcover, depending on when You failed to make afair presentation of the risk.

Where We elect to proportionately reduce theamount payable in respect of a claim, We willpay a percentage of the claim, the percentagebeing calculated by comparing the premiumwhich You actually paid with the premiumwhich We would have charged had Youmadea fair presentation of the risk. For example, ifthe premium which You actually paid is 70% ofthe premium We would have charged, We willonly pay 70% of any claim.

Where this Policy provides benefits toindividuals who would, if they had taken outsimilar insurance in their own name, have doneso for purposes wholly or mainly unconnectedwith their trade, business or profession, We willnot rely on this condition if the failure to makea fair presentation of the risk concerns onlyfacts or information which relate to thatparticular individual, unless the individual (orYou on their behalf) makes a carelessmisrepresentation, in which case Wemay relyon this condition as against that particularindividual as if a separate insurance contracthad been issued to them leaving the remainderof the Policy unaffected.

13. Fraudulent ClaimsFor the purposes of this Condition the definitionof ‘You / Your’ will also include any person whois entitled to benefit from the Policy to theextent that a claim is made by or on theirbehalf.

If You or anyone acting on Your behalf makesa claim which is in any way fraudulent We:

(a) will not pay the claim;

(b) may recover from You any sums alreadypaid by Us in respect of the claim; and

(c) may notify You that We are treating thisPolicy as having terminated with effectfrom the time of the fraudulent act.

If We do treat this Policy as having terminated,You will have no cover under this Policy fromthe date of termination and will not be entitledto any refund of premium.

Where a fraudulent claim is made by or onbehalf of a person who is not the Insured, thiscondition applies only to that person's claimand references to 'this Policy' should be read asif they were references to the cover for thatperson alone and not to the Policy as a whole.

Fraudulent claims include but are not limited to:

(a) making a claim which is fraudulent,fictitious or known to be false

(b) intentionally exaggerating or inflating aclaim

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(c) supporting a claim with false or forgeddocuments, information or statements

(d) wilfully causing loss, Damage or injury

14. Terms Not Relevant to ActualLossIf payment of a claim is conditional uponcompliance with any term of this Policy We willnot pay for any claim where the term has notbeen complied with except where the termconcerned:

(a) is operative only in connection withparticular premises or locations;

(b) is operative only at particular times; or

(c) is intended to reduce the risk of particulartypes of injury, loss, Damage or liability

where We will pay for claims in respect of whichYou can prove that non-compliance with theterm could not have increased the risk of theinjury, loss, Damage or liability which occurred.


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General Exclusions

The following General Exclusions apply to allSections unless otherwise stated and inaddition to the Exclusions contained in eachSection.

This Policy does not cover:

1. War, Government Action andTerrorism

(a) Damage to any property whatsoever orany loss or expense whatsoever resulting orarising therefrom or any indirect lossdirectly or indirectly caused by orcontributed to by or arising from:

(i) War Government Action or Terrorism

(ii) civil commotion in Northern Ireland

(b) legal liability of whatsoever nature or anyCosts and Expenses whatsoever directlyor indirectly caused by or contributed to byor arising from War Government Action orTerrorism except to the extent stated in theLiability Provisions.

For the purpose of this Exclusion and its LiabilityProvisions:

War shall mean war, invasion, acts of foreignenemies, hostilities or warlike operations(whether war be declared or not), civil war,mutiny, civil commotion assuming theproportions of or amounting to popular rising,military rising, insurrection, rebellion, revolution,or military or usurped power.

Government Action shall mean martial law,confiscation, nationalisation, requisition ordestruction of property by or under the order ofany government or public or local authority orany action taken in controlling, preventing,suppressing or in any way relating to war.

Terrorism shall mean acts of persons acting onbehalf of, or in connection with, anyorganisation which carries out activitiesdirected towards the overthrowing orinfluencing, by force or violence, of HerMajesty’s government in the United Kingdomor any other government whether legallyrecognised by the international community orotherwise.

In any action suit or other proceedings whereWe allege that by reason of this exclusion as faras it relates to Terrorism any Damage orresulting loss or expense or indirect loss is notcovered by this insurance the burden of provingthat such Damage loss expense or indirect lossis covered shall be upon You.

Liability Provisions

Subject otherwise to the terms definitionsexclusions provisions and conditions of thisPolicy We will indemnify You under theEmployers’ Liability Section provided that inrespect of any one occurrence or series ofoccurrences arising out of any one originalcause Our liability in respect of all legal liabilityCosts and Expenses directly or indirectlycaused by or contributed to by or arising fromTerrorism shall not exceed £5,000,000.

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General Exclusionscontinued

2. Sonic BangsDamage caused by pressure waves caused byaircraft or other aerial devices travelling at sonicor supersonic speeds.

3. Radioactive ContaminationDamage to any property whatsoever or anyloss or expense whatsoever resulting or arisingtherefrom or any indirect loss or any legalliability of whatsoever nature directly orindirectly caused by or contributed to by orarising from:

(a) ionising radiations or contamination byradioactivity from any nuclear fuel or fromany nuclear waste from the combustion ofnuclear fuel

(b) the radioactive toxic explosive or otherhazardous properties of any explosivenuclear assembly or nuclear componentthereof.

As far as concerns Bodily Injury caused to anyEmployee of Yours if such Bodily Injury arisesout of and in the course of employment orengagement of such person by You thisexclusion shall apply only in respect of:

(i) the liability of any Principal

(ii) liability assumed by You under agreementand which would not have attached in theabsence of such agreement.

4. Date RecognitionDamage accident or liability directly orindirectly caused by or consisting of or arisingfrom the failure of any computer dataprocessing equipment or media microchipintegrated circuit or similar device or otherequipment or system for processing storing orreceiving data or any computer softwarewhether Your property or not and whetheroccurring before during or after the year 2000:

(a) correctly to recognise any date as its truecalendar date

(b) to capture save or retain and/or correctly tomanipulate, interpret or process any dataor information or command or instructionas a result of treating any date otherwisethan as its true calendar date

(c) to capture save retain or correctly processany data as a result of the operation of anycommand which has been programmedinto any computer software being acommand which causes the loss of data orthe inability to capture save retain or tocorrectly process such data on or after anydate.

5. Electronic Data ExclusionDamage distortion erasure corruption oralteration of Electronic Data from any causewhatsoever (including but not limited toComputer Virus) or loss of use reduction infunctionality cost expense of whatsoevernature resulting therefrom regardless of any


18

repaired replaced or restored the basis ofvaluation shall be the cost of the blank media.However, this Policy does not insure anyamount pertaining to the value of ElectronicData to You or any other party even if suchElectronic Data cannot be recreated gatheredor assembled.

other cause or event contributing concurrentlyor in any other sequence to the loss.

For the purposes of this exclusion the followingdefinitions apply:

“Electronic Data” shall mean facts conceptsand information converted to a form useablefor communications interpretation orprocessing by electronic and electromechanicaldata processing or electronically controlledequipment and includes programmes softwareand other coded instructions for the processingand manipulation of data or the direction andmanipulation of such equipment.

“Computer Virus” shall mean a set ofcorrupting harmful or otherwise unauthorisedinstructions or code including a set ofmaliciously introduced unauthorisedinstructions or code programmatic or otherwisethat propagate themselves through a computersystem or network of whatsoever nature. Itshall include but not be limited to ‘trojanhorses’ ‘worms’ and ‘time or logic bombs’.

Electronic Data Processing Media Valuation

Should electronic data processing mediainsured by this Policy suffer Damage insured bythis Policy then the basis of valuation shall bethe cost of the blank media plus the costs ofcopying Electronic Data from back-up or fromoriginals of a previous generation. These costswill not include research and engineering norany costs of recreating gathering or assemblingsuch Electronic Data. If the media is not

General Exclusionscontinued

(The following Endorsements only apply ifshown on the current Policy Schedule)

1. Excluded ActivitiesWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with

1. 1. the demolition or partial demolition ofany structure

2. the surfacing or construction of roads

3. the laying of underground services

unless incidental to any building contractundertaken by You for which indemnity isprovided hereunder

2. any excavation exceeding in any part adepth of 3 metres

3. the felling or lopping of any tree exceeding5 metres in height

4. pile driving quarrying the use storage orpossession of explosives water diversion or work under water fuel gas or mineralexploration or extraction

5. the use or possession of tower cranes orcradles

6. work in or on blast furnaces chimney or wellshafts viaducts bridges mines refineries offshore installations power stations damstunnels airports or aerodromes dockswharves piers harbours railways motorwaysships aircraft towers or steeples

7. work in or on any building used for themanufacture processing or bulk storage for wholesale purposes of any gas chemicalexplosive oil or petroleum based Product

8. work on computer mainframe installationsand their cabling.

2. Premise RestrictionWe shall only be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work in or on buildings or thatpart of any building (including the groundsthereof) occupied solely as:

(a) private dwellings

(b) shops

(c) offices

(d) hotels

(e) public houses and restaurants

(f) guest houses

(g) schools or colleges

(h) residential, retirement or nursing homes

We will not be liable in respect of Bodily Injuryor Damage to property caused by or inconnection with work in or on any otherpremises not defined above.

3. Bodily Injury to WorkingPartners

For the purpose of Section C – Employers’Liability any working partner named as anInsured in the Schedule shall be regarded as

Endorsements

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an Employee but only in respect of BodilyInjury for which a partner or Employee of theInsured is legally liable.

4. Increased Property DamageExcess

The amount of £100 shown in Exclusion 10 (c)of Section B – Public and Products Liability isincreased to the amount stated in theSchedule against this Endorsement Number.

5. Increased Property DamageExcess

For the first Period of Insurance only theamount shown in Exclusion 10 (c) of SectionB – Public and Products Liability is increased tothe amount stated in the Schedule against thisEndorsement Number.

6. Aerial Erection ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the installation or repair ofexternal radio or TV aerials.

7. Formwork or ShutteringExclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the erection or installation offormwork or shuttering when the contract issolely or mainly for such work.

8. External Work ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work on the exterior of anybuilding.

9. Central Heating Work ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work on central heatingsystems.

10. Heat ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the use of electricoxyacetylene or other welding or heat cuttingequipment hot air guns blow lamps or blowtorches tar bitumen or asphalt heaters or anyother equipment or process involving theapplication or use of heat elsewhere than atYour own premises.

11. Products Exclusion (Insulation Materials)

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with any insulation material andoccurring after its installation.

12. Cleaning RestrictionWe shall not be liable in respect of

Endorsementscontinued

1. Bodily Injury or Damage to propertycaused by or in connection with the external cleaning of any premises or thecleaning of industrial plant or machinery or of motor vehicles

2. Damage to carpets upholstery or curtainscaused by or arising from the use ofspecialist cleaning equipment.

13. Damage to DrainsWe shall not be liable in respect of Damage todrains or pipes caused by or arising out of anycleaning or unblocking process or work.

14. Woodworking MachineryExclusion

(Applicable to Section C – Employers’ Liabilityonly)

We shall not be liable in respect of BodilyInjury caused by or in connection with the useof power driven woodworking machinery otherthan portable tools applied to the work byhand.

15. Carpets Upholstery and OtherGoods Fitting or CleaningRestriction

We shall not be liable in respect of Damage toany carpet floor covering upholstery or otherproperty which comprises or is incorporated inany contract undertaken by You or on Yourbehalf for its cleaning fitting taking up oralteration.

16. Welding ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the use of electricoxyacetylene or other welding or heat cuttingequipment.

17. Fencing RestrictionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work on central reservations orthe erection installation alteration or repair ofcrash barriers.

18. Bathroom Fitting ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the installation orrefurbishment of bathrooms or sanitary ware.

19. Property Being Worked UponWe shall not be liable in respect of Damage toproperty being worked upon if the Damagearises from such work.

20. Depth Limit – 1 metreNotwithstanding anything contained inEndorsement 1 - Excluded Activities We shallnot be liable in respect of Bodily Injury orDamage to property caused by or inconnection with any excavation exceeding inany part a depth of 1 metre.


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21. Design or Construction ofFoundations Exclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by orarising from faulty inadequate or defectivedesign, specification or construction offoundations.

22. Lead Burning ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by orarising out of lead burning or welding.

23. Sale or Hire of AppliancesExclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by orarising out of the sale hire or renting ofdomestic or office equipment or appliances.

24. Standard Tools CoverEndorsement(Excluding theft from unattended vehicles)

In respect of Section D – Tools Standard PlusCover the following alterations are effective

1. Exclusion 4 is amended to read as

Damage to Tools caused by theft orattempted theft if it is left unattendedunless it is contained in a securely lockedroom or box and there is evidence offorcible or violent entry to or exit from theroom or box

2. The following exclusion is added

Exclusion 9

Damage to Tools caused by or arising fromtheft or attempted theft from anyunattended motor vehicle or trailer

3. Exclusion 8 is amended to read as follows:

8. the first £60 of each and every claim forDamage.

25. Heat Exclusion other than HotAir Guns or Seaming Irons

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the use of any equipment orprocess involving the application or use of heatelsewhere than at Your own premises otherthan hot air guns or seaming irons.

26. Caterers RestrictionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the manufacture orpreparation of food for wholesale purposes orfor supply by anyone other than You.

27. Manufacture or Supply OnlyExclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the manufacture sale or supplyof any goods or materials other than forerection or fitment by or on Your behalf.



28. Premise Restriction including 4Floor Height Limit

We shall only be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work in or on the first fourfloors (including basement and attic) of anybuildings or that part of any building (includingthe grounds thereof) occupied solely as:

(a) private dwellings

(b) shops

(c) offices

(d) hotels

(e) public houses and restaurants

(f) guest houses

(g) schools or colleges

(h) residential, retirement or nursing homes

We will not be liable in respect of Bodily Injuryor Damage to property caused by or inconnection with

1. work carried out over and above the fourthfloor (including basement and attic) of thepremises specified above

2. work in or on any other premises notdefined above

29. Commercial Vehicle ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work in or on commercialvehicles exceeding 3.5 tonnes Gross VehicleWeight.

30. Deletion of Contingent LiabilityContingent Motor Liability Clause of Section B– Public and Products Liability is deleted.

31. Wheelie Bin CleanersWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the cleaning of any building orother structure or property other than domesticwheelie bins patios or driveways.

32. Height Limit – 10 Metres We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with:

1. any external work undertaken at a heightfrom the ground of more than 10 metres

2. any internal work undertaken at a heightfrom the floor of more than 10 metres.

33. Gas Appliance Work ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the installation servicemaintenance or repair of gas appliancespipework equipment or flues.

34. Height Limit – 15 MetresWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with:



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35. Underground Cables ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the laying or repair ofunderground cables.

36. Motor Vehicles Exclusion We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work on motor vehicles.

37. Damp Proofing / TimberTreatment Exclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with any damp proofing or timbertreatment work undertaken by or on Yourbehalf.

38. Road Motorway or Neon SignsExclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the erection of road motorwayor neon signs.

39. Professional IndemnityExclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or in

connection with the exercising by You or anyservant, Employee, agent or sub contractor ofYours of any professional skill, duty or advicewhether fees are charged or not.

40. Manual Work ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with any manual work carried outby You.

41. Height Limit – 5 MetresWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with:



42. Efficacy ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the failure or partial failure ofany Product or part thereof to perform thefunction for which it was intended.

43. Movement of Vehicles ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the movement of anymechanically propelled vehicle by or on Yourbehalf.


44. Paint Spraying ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with the use of paint sprayingequipment.

45. Hairdressers Treatment RiskNotwithstanding Exclusion 9 of Section B –Public and Products Liability We will indemnifyYou in respect of liability for Bodily Injury orDamage to property caused by or arising fromtreatment rendered by You in the course of theYour Business as Hairdresser provided thatsuch treatment is restricted to:

1. tinting dyeing bleaching permanent wavingor special treatment of the hair normallycarried out by a hairdresser

2. normal hairdressing work on wigs andhairpieces.

We will not be liable under this cover in respectof:

1. the application or use of any lotion hair dyeor other preparation wholly or partlymanufactured produced or treated in anyway by You

2. usage or mixing of any Product contrary tothe makers or vendors instructions

3. any treatment carried out by any personwho has less than 2 years continuousservice as a hairdresser or apprenticehairdresser other than

(a) the washing and drying of hairpiecesor wigs

(b) whilst such person is under the directand continuous supervision of aqualified operator who has at least 2years continuous service as ahairdresser or apprentice hairdresser

4. any operation involving the removal orpiercing of skin.

Special Conditions

Razor or clipper blades steel combs or any itemmust be brand new and/or thoroughlysterilised.

46. Change of Excess (Groundwork)Section B – Public and Products LiabilityExclusion 10(a) is amended to read as follows:

10. (a) underground pipes cables or services£1500.

47. Groundworkers Endorsement It is hereby agreed that Endorsement 1 –Excluded Activities parts1.2 and 1.3 aredeleted.

48. Depth Limit – 5 MetresNotwithstanding anything contained inEndorsement 1 – Excluded Activities. We shallnot be liable in respect of Bodily Injury orDamage to property caused by or inconnection with any excavation exceeding inany part a depth of 5 metres.


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49. Hazardous Agricultural WorkExclusion

Notwithstanding anything contained elsewherein the Policy We shall not be liable in respect ofBodily Injury or Damage to property causedby or in connection with:

1. crop spraying

2. the use of explosives

3. tree felling, topping, lopping or sawing

4. Damage to overhead wires and/or cables.

50. Scaffolding and Use ofChemicals Exclusion

We shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with:

1. the use of acids and/or chemicals

2. the erection or dismantling of scaffolding.

51. Premises Restriction – PrivateDwellings Only

We shall only be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work in or on buildings or thatpart of any building occupied solely as privatedwellings (including the grounds thereof).

52. Depth Limit – 2 MetresNotwithstanding anything contained inEndorsement 1 – Excluded Activities elsewherein the Policy We shall not be liable in respect of

Bodily Injury or Damage to property causedby or in connection with any excavationexceeding in any part a depth of 2 metres.

53. Motorway and A-Road ExclusionWe shall not be liable in respect of BodilyInjury or Damage to property caused by or inconnection with work on either motorways orA-Roads.

54. Financial Loss ExclusionWe will not indemnify You in respect of anyclaim arising directly or indirectly out offinancial loss.

55. Roofing ExclusionWe will not indemnify You in respect of anyclaims arising from or in connection with roofwork.

56. Damage to Property in Care,Custody or Control Exclusion

We will not indemnify You in respect of claimsarising from Damage to property in Your care,custody or control.

57. Tour Operators LiabilityExclusion

We will not indemnify You in respect of anyclaim arising out of or in connection with theorganisation and sale (either directly or via aretailer) of any pre-arranged component orcomponents of a holiday and otherwise subject


to the Package Holiday, Package Travel andPackage Tour Regulations 1992 or anysubsequent amending legislation.

58. Pedal and Motorcycle CourierExclusion

We will not indemnify You in respect of anyclaim arising out of or in connection with workas a pedal cycle or motorcycle courier.

59. Proprietary Brands ConditionIt is a condition precedent to Our liability underthis Policy that You only use proprietary brandsand these are used and stored in accordancewith the manufacturer’s instructions.

60. Structural Steelwork ErectionExclusion

We will not indemnify You in respect of anyclaims arising out of or in connection with theerection of structural steelwork.

61. Service Indemnity ExclusionWe will not indemnify You in respect of SectionB – Public and Products Liability for claimsarising out of the defective servicing or repair ofmotor vehicles.

62. Burning Conditions (replacingGeneral Condition 3)

It is a condition precedent to Our liability underthis Policy that in respect of the work awayfrom Your own premises involving the use orapplication of heat, including the use of blow

torches, blow lamps and welding and flamecutting equipment, the following precautionswill be complied with on each occasion:

1. Before starting work

(a) You shall appoint an Employee oneach site to be responsible for firesafety and for seeing that precautionsare taken, who shall obtain from theperson in charge at each sitepermission to start work

(b) all Your Employees on each site shallbe made aware of the location of thesite’s fire alarms and fire fightingequipment

(c) Your appointed person shall examineall property in the vicinity, including thearea on the other side of any wall orpartition, to ensure that no combustiblematerial is in danger of ignition eitherdirectly or by conducted heat

(d) the area shall be cleared of all movableand/or combustible materials to a distance of no less than 15 metres fromthe point of application of heat. Combustible materials, which cannotbe moved, must be covered and fully protected by overlapping sheets orscreens of non-combustible material

2. During the progress of the work

(a) You will arrange for a person to workalongside the operative(s) using theequipment, to see that there is nooutbreak of fire and shall have


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available for immediate use at leasttwo buckets of dry sand and a hoseconnected to the nearest hydrant withthe supply of water turned on andcontrolled at the nozzle of the hose.Where water would aggravate a fire or explosion or where there is no watersupply there shall be available forimmediate use at the site of theoperations at least two suitable fullycharged fire extinguishers

(b) the lighting of all blowlamps, blowtorches and cutting equipment shall be carried out strictly in accordance withthe manufacturer’s instructions and no piece of lighted equipment shall be leftunattended

(c) gas cylinders not required forimmediate use shall be kept outsidethe building in which the work istaking place and in any event at least15 metres from the point of applicationof heat

3. After ceasing work

Upon completion of the application of heata continuous examination for a period of one hour shall be made of:

(a) the immediate vicinity of the work, i.e.within a radius of 15 metres

(b) the area on the other side of any wall orpartition to ensure that there is no risk of fire.

63. Manufacturing ExclusionWe will not indemnify You in respect of anyclaim arising out of or in connection with anymanufacturing undertaken by You or on Yourbehalf.

64. Underground ServicesIt is a condition precedent to Our liability underthis Policy that except when performingemergency repair works You shall use the localfree-phone service for the area in which You willbe working prior to commencement of anycontract for excavation where undergroundservices may be at risk of Damage.

Where such free-phone services are notavailable You shall use an appropriatedetection system.

65. Depth Limit – 8 MetresNotwithstanding anything contained inEndorsement 1 – Excluded Activities We shallnot be liable in respect of Bodily Injury orDamage to property caused by or inconnection with any excavation exceeding inany part a depth of 8 metres.

66. Haulage ContaminationExclusion

We will not indemnify You in respect ofDamage caused by the wrongful delivery of orthe contamination in transit of any load byYou.


67. Hauliers ExclusionWe will not indemnify You in respect of BodilyInjury or Damage caused by or arising fromthe handling, carriage, storage or disposal of:

(a) waste

(b) livestock

(c) bulk tank liquids, oils, gases or chemicals

(d) explosives or radioactive materials

(e) dangerous goods as defined within theApproved Carriage List for the purposes of the Carriage of Dangerous Goods byRoad and Rail (Classification, Packaging andLabelling) Regulations 1994.

68. Guns ExclusionWe will not indemnify You in respect of anyclaims arising from or in connection with theuse of guns.

69. Plant Hirers ConditionIt is a condition precedent to Our liability underthis Policy that You check all Plant and/orequipment before passed to the hirer and checkthat equipment again when returned by thehirer. Written records must be maintained toconfirm the checks have taken place. All Plantand/or equipment hired out without anoperator must be accompanied with thenecessary operating and/or safety instructions.

70. Amusements ExclusionWe will not indemnify You in respect of anyclaim arising out of or in connection with:

(a) any mechanically propelled amusementdevice on which persons ride or are conveyed

(b) any rifle gun or archery range.

71. Plant Hirers – CPA ConditionIt is a condition precedent to Our liability underthis Policy that all Plant and/or equipmenthired out will be subject to the currentContractors Plant Association or Scottish PlantOperators Conditions of hire unless otherwiseagreed and (if otherwise agreed) a copy ofYour standard hiring conditions must be lodgedwith and approved by Us.

72. Window Cleaners – Water FedPole Method

We will not indemnify You in respect of anyclaims arising out of the cleaning of windowscarried out above ground level unless suchcleaning is carried out by water fed pole andbrush cleaning systems.

73. Couriers Weight Limit – 22kgWe will not indemnify You in respect of anyclaim arising out of or in connection with thehandling of any package or parcel exceeding22kg in weight.

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74. Painters and Decorators –Work Restriction

In respect of any external work or workinvolving the use of heat We shall only be liablein respect of Bodily Injury or Damage toproperty caused by or in connection with workin or on buildings occupied solely as privatedwellings shops offices hotels public housesguest houses schools colleges residentialretirement or nursing homes of not more thanfour floors including basement and attic(including the grounds thereof). Bodily Injuryor Damage to property caused by or inconnection with work in or on any otherpremises not defined above is excluded.

Additionally, in respect of internal work Weshall only be liable in respect of Bodily Injuryor Damage to property caused by or inconnection with work in or on buildingsoccupied solely as private dwellings shopsoffices hotels public houses guest housesschools colleges residential retirement ornursing homes undertaken at a height from thefloor of not more than 10 metres.

31

Certain words in the Policy have specificmeanings. These meanings are defined belowand are printed in bold type. The words carrythe same meaning whenever they appear inthe Policy, unless varied by a definition in aparticular Section, and are printed in bold tohelp You identify them.

AverageIf at the time of any loss the total Sum Insuredspecified in the Schedule is less than 85% ofthe total value of the property insured We shallbear only that proportion of the Loss which thetotal Sum Insured bears to the total of theproperty insured.

Bodily InjuryBodily injury including death, illness, disease,mental injury, mental anguish or nervous shockbut not defamation.

BusinessThe business as described in the Schedule shallinclude:

1. the ownership, repair, maintenance anddecoration of Your business premises

2. private work undertaken by any Employeewith Your prior consent for any directorpartner or other Employee of Yours

3. the provision and management of canteen,sports, social and welfare organisations forthe benefit of Employees

4. Your fire, security, first aid, medical andambulance services

5. Your participation in exhibitions.

Certificate of CompletionThe certificate issued by the architect orengineer confirming substantial completion ofthe Contract Works.

Company/We/Us/OurCovea Insurance plc

Contract PriceFor any one contract the amount of theestimated cost of the Contract Works atinception including the value of Free IssueMaterials up to but not exceeding the amountstated in the Schedule as the Sum Insured inrespect of Section F

Contract SiteThe situation of the Contract Works withinthe Geographical Limits and any areaimmediately adjacent occupied by You directlyand solely for the performance of the ContractWorks.

Contract WorksThe temporary or permanent works executed orin course of execution by or on behalf of You inthe performance of any contract includingmaterials supplied by the reason of the contractfor use in connection therewith whilst on oradjacent to the Contract Site or in transit byroad rail or inland waterway within theGeographical Limits to the extent You areresponsible under contract.

Policy CoverSection A – Definitions


Policy Cover Section A – Definitionscontinued

32

Costs and Expenses 1. Claimants’ legal costs for which You are

legally liable

2. All costs and expenses incurred with Ourwritten consent in defending any claim

3. The solicitor’s fees incurred with Ourwritten consent for representation atproceedings in any court of summaryjurisdiction in respect of any alleged actcausing or relating to any occurrence whichmay be the subject of indemnity underthese sections or at any coroner’s inquestor fatal accident inquiry.

DamagePhysical loss destruction or damage.

Debris Removal CostsCosts and expenses necessarily incurred by You with Our consent in removing debris ordismantling or demolishing or propping up orshoring up any part or parts of the ContractWorks consequent upon Damage for whichYou are entitled to indemnity under this Policy.

EmployeeAny person while working under Your directcontrol in connection with the Businessincluding:

1. any person under a contract of service orapprenticeship with You

2. any labour master or any labour only sub-contractor or any person supplied by them

3. any self employed person providing labouronly

4. any person hired or borrowed by You but inrespect of any driver or operator of planthired to You only when the conditions ofhire so require

5. any person under a training or workexperience scheme.

Free Issue MaterialsMaterials for incorporation into the ContractWorks

1. issued free to You by or on behalf of Youremployer or Principal

and

2. for which You are responsible under theconditions of the contract

the value of which will not be included in thefinal valuation of the Contract Works carriedout or the final Contract Price and which arenot otherwise excluded.

Geographical LimitsGreat Britain the Isle of Man and ChannelIslands.

Goods in TransitYour Business equipment (excluding Tools)stock and materials in trade and goods in trustfor which You are responsible.

33

Policy Cover Section A – Definitionscontinued

Insured/You/YourThe person persons or Limited or Public LimitedCompanies named in the Schedule.

Insured PersonAny Principal partner director or Employeeworking in the Business and included in theinsurance provided by Section B – Public andProducts Liability.

Maintenance PeriodThe period designated in any contract enteredinto by You during which You are responsiblefor rectifying defects originating during theperformance of the works provided that suchperiod does not exceed 24 months.

Pollution or Contamination1. All Pollution or Contamination of buildings

or other structures or of water or land orthe atmosphere and

2. Damage or Bodily Injury directly orindirectly caused by such Pollution orContamination.

Period of InsuranceThe period beginning with the effective dateand ending with the expiry date shown in theSchedule and any other period for which Weaccept payment for renewal of this Policy.

PlantPlant equipment site huts or caravans otherthan Tools for use in connection with theBusiness.

Practical CompletionCompletion other than decoration and/or theinstallation of fixtures and fittings unless suchwork is being undertaken concurrently with theremainder of the Contract Works.

PrincipalAny person company local authority or otherbody with whom You have entered into acontract or agreement for the performance ofwork in connection with the Business.

ProductAny commodity article or thing suppliedinstalled erected repaired altered or treated byYou or on Your behalf.

ScheduleThe document that specifies Your details andany Excesses and Endorsements that areapplicable. The Schedule shows the Sections ofthe Policy that are operative.

Tool(s)Hand tools and hand held portable power toolsthe property of or hired in by an InsuredPerson for use in connection with the Business.


34

CoverWe will indemnify You against all sums forwhich You are legally liable to pay in respect ofcompensation and Costs and Expenses inrespect of accidental

1. Bodily Injury to any person

2. Damage to physical property

3. Obstruction trespass nuisance wrongfularrest or any interference with any right ofway light air or water

occurring during the Period of Insurance andcaused in connection with the Business withinthe Geographical Limits.

Our liability shall not exceed the Limit ofIndemnity as stated in the Schedule for allcompensation payable in respect of any oneoccurrence or all occurrences of a seriesconsequent upon or attributable to one sourceor original cause.

Clauses

Additional Directors Partners orEmployeesNotwithstanding the total number of personsor Employees stated in the Schedule thisPolicy is extended to include additional partnersdirectors or Employees provided that the totalnumber of partners directors and Employeesdoes not exceed 10.

If You fail to notify Us within 14 days of theengagement of any such additional personother than in respect of temporary Employees

We shall not be liable for the first £500 of eachand every claim in addition to any other excessprovided for in this Section.

Additional Persons InsuredAt Your request We will indemnify as thoughthey were You

(a) any director partner or Employee of Yourswhile acting in such capacity in the courseof the Business but only insofar as Youwould be entitled to indemnity under thisPolicy were the claim made against You

(b) any director or partner of Yours for whoman Employee is undertaking private workincidental to the Business.

In the event of Your death We will indemnifyas though they were You Your legal personalrepresentatives in respect of liability incurred byYou provided that

1. such Additional Person shall as though hewere You observe fulfil and be subject tothe terms exclusions and conditions of thisPolicy insofar as they can apply

2. We shall have the conduct and control ofall claims

3. if We are required to indemnify more thanone party in respect of any occurrence oroccurrences Our liability shall not inaggregate exceed the Limit of Indemnity.

Bona-fide SubcontractorsWe will indemnify You in respect of workcarried out by bona-fide subcontractors working

Policy CoverSection B – Public andProducts Liability

for You or on Your behalf provided that Weshall not be liable under this Clause

1. unless prior to appointment You havechecked that bona-fide subcontractors holdcurrent and valid Public Liability insurance

2. if annual payments to bona-fidesubcontractors are greater than £50,000per annum unless agreed to the contraryby Us.

In the event of a claim under this Clause Youshall provide documentary evidence of thePublic Liability insurance held by the bona-fidesubcontractors at the time of theirappointment to work for You.

Contractual liabilityWe will indemnify You in respect of liabilityassumed by You under any contract oragreement for work in connection with theBusiness other than

1. for liquidated damages or fines or penalties

2. any agreement to obtain indemnity underthis Section for or on behalf of anyoneother than You except as provided for inthe Additional Persons Insured Clause or asotherwise agreed by Us and endorsed ontothe Policy

3. in respect of property the subject of Clause6.5.1 of the Joint Contracts TribunalStandard Form of Building Contract 2005Edition (or any subsequent amendment orreplacement Clause) in the terms of whichYou are required to effect insurance

4. liability imposed on You solely by reason ofthe terms of any contract conditions oragreement in connection with any Product

5. for Damage to property forming thesubject of a contract of agreement for worktherein or thereon including any Costs andExpenses incurred in connection therewithwhen liability attaches to You solely byreason of the terms of the contract oragreement.

Corporate ManslaughterWe will indemnify You in respect of:

(a) legal fees and expenses incurred with Ourprior written consent for defendingprosecutions, including appeals againstconvictions

(b) costs of prosecution awarded against You

which arise from criminal proceedings for anyoffence as defined in Section 1 of theCorporate Manslaughter and CorporateHomicide Act 2007.

The total amount payable under this Clause inrespect of all claims occurring during any onePeriod of Insurance is limited to £500,000.

We will not indemnify You under this Clause inrespect of:

1. any prosecutions unless they relate to deathto any person other than an Employeeoccurring within the Geographical Limitsduring the Period of Insurance happeningin connection with the Business

Policy CoverSection B – Public andProducts Liabilitycontinued

35


36

2. (a) the payment of fines or penalties

(b) any remedial or publicity orders or anysteps required to be taken by such orders

3. defence Costs and Expenses and costs ofprosecution awarded against You for whichYou are entitled to indemnity under anyother policy or would have been entitled toan indemnity but for the existence of thisPolicy

4. any proceedings resulting from anydeliberate act or omission by You.

Contingent Motor Liability Despite Exclusion 3 of this Section We willindemnify You in respect of liability arising outof the use of any motor vehicle not belongingto or provided by You and being used in thecourse of the Business anywhere within theGeographical Limits.

Provided that this indemnity shall not apply:

1. in respect of Damage to the vehicle

2. whilst the vehicle is being driven:

(a) by You

(b) with Your general consent by anyperson who to Your knowledge or thatof Your representatives does not hold alicence to drive such vehicle unless suchperson has held and is not disqualifiedfrom holding or obtaining such a licence

3. to liability which is insured or would but forthe existence of this Section be insuredunder any other insurance.

Court Attendance Costs We will compensate You if at Our request Youor any director, partner or Employee isattending court as a witness in connection witha claim for which You are entitled to indemnity.

The maximum We will pay for:

1. You, each director or partner is £500 per day

2. each Employee is £250 per day.

Cross Liability Where the Insured comprises more than oneparty We will treat each party as if a separatepolicy had been issued to each provided thatnothing in this Clause will increase Our liabilitybeyond the amount for which We would havebeen liable had this Clause not applied.

Defective Premises ActWe will indemnify You in respect of liabilityincurred by You under Section 3 of theDefective Premises Act 1972 in connection withany premises or land disposed of by You andwhich prior to disposal were occupied by Youfor the purposes of the Business.

Provided that this indemnity shall not apply to:

1. the cost of rectifying any Damage ordefect in the premises or land disposed of

2. liability for which You are entitled toindemnity under any other policy.


37


Damage to Leased or RentedPremisesExclusion 2 shall not apply to liability forDamage to any premises (including theirfixtures and fittings) leased to or rented by You.

Provided that We shall not be liable forDamage by any cause against which the leaseor tenancy agreement stipulates that insuranceshall be effected by the lessee or tenant.

Health and Safety at Work etc Act1974We will indemnify You and at Your request anypartner director or Employee of Yours whileacting in that capacity in respect of:

(a) legal fees and expenses incurred with Ourwritten consent for defending proceedings,including appeals


which arise from any health and safety inquiryor criminal proceedings for any breach of theHealth and Safety at Work etc Act 1974 or theHealth and Safety at Work (Northern Ireland)Order 1978.

We will not provide indemnity:

1. unless the proceedings relate to an actualor alleged act, omission or incidentcommitted during the Period of Insurancewithin the Geographical Limits and inconnection with the Business

2. in respect of proceedings which

(a) result from any deliberate act oromission by You

(b) relate to the health and safety of anyEmployee

3. for fines or penalties of any kind

4. where indemnity is provided by anotherinsurance policy

5. unless We have the conduct and control ofall proceedings in respect of whichindemnity is sought.

Indemnity to PrincipalsWe will at Your request indemnify anyPrincipal to the extent required by the contractbetween You and the Principal in respect ofliability arising from the performance of workby You for such Principal.

Provided that:

1. We shall retain sole conduct and control ofany claim

2. the Principal shall observe, fulfil and besubject to the terms, conditions, exclusionsand limits of this Section insofar as theycan apply.


38


(ii) premises (and contents therein)temporarily occupied by You forthe purpose of carrying out work(not being premises which areowned by leased rented or hired toYou)

(b) comprising or forming part of theContract Works other than where theworks have reached PracticalCompletion and any MaintenancePeriod for the works have expired

3. Bodily Injury or Damage arising fromYour ownership possession use or controlor on Your behalf of

(a) any locomotive aircraft watercraft(other than hand propelled craft of lessthan 20 feet in length) or hovercraft

(b) any mechanically propelled vehicle ortrailer attached thereto other than

(i) any vehicle not licensed for roaduse

(ii) any vehicle while being used as atool of trade

(iii) the loading or unloading of anyvehicle

provided that You are not entitled toindemnity from any other source andthat this Policy shall not apply toliability for which compulsory insuranceor other security is required by anyroad traffic legislation

Temporary EmployeesWe will indemnify You in respect of temporaryEmployees. Cover is provided under this Clauseto a maximum of 50 man-days worked in anyone Period of Insurance.

This Clause does not remove the need todeclare changes in Employee numbers asrequired by General Condition 13 of this Policy.

Work OverseasThe indemnity provided shall extend anywherein the world in respect of the acts or omissionsof persons ordinarily resident within theGeographical Limits but temporarily engagedin non-manual work in connection with theBusiness outside the Geographical Limits.

ExclusionsThe following exclusions apply to this Section,in addition to the General Exclusions at thefront of this Policy.

We shall not be liable under this Section inrespect of:

1. Bodily Injury sustained by any Employee

2. Damage to physical property

(a) belonging to or leased let rented orhired to or in the charge or custody orcontrol of You or any Employee ordirector other than

(i) the personal effects of anyEmployee or visitor

39

4. Bodily Injury or Damage arising from

(a) any Product outside theGeographical Limits

(b) the failure or partial failure of any firesecurity or warning device to fulfil itsintended function

5. Bodily Injury or Damage arising from orcontributed to by any design planspecification or advice provided

(a) for work not undertaken by You or

(b) by any Architect Quantity Surveyor orConsulting Engineer or

(c) by any person other than You

6. the cost of recalling removing repairingreplacing reinstating or in any other waymaking good or providing compensation inplace of

(a) any Product if such liability arises fromany defect therein or the harmfulnature or unsuitability thereof

(b) defective work

7. Pollution or Contamination other thancaused by a sudden identifiableunintended and unexpected incident whichtakes place in its entirety at a specific timeand place during the Period of Insuranceand Our liability for all compensationpayable in respect of all Pollution orContamination which is deemed to haveoccurred during any one Period ofInsurance shall not in aggregate exceed

the amount shown as the Limit ofIndemnity in the Schedule

8. any loss cost expense liability for BodilyInjury loss or Damage directly or indirectlyarising out of or resulting from themanufacture mining processing distributionstesting remediation removal storagedisposal sale use of or exposure to asbestosor materials or Products containingasbestos whether or not there is anothercause of loss which may have contributedconcurrently or in any sequence to a loss

In respect of liability for property Damageonly that part of any such loss which isdirectly or indirectly arising out of orresulting from the manufacture miningprocessing distribution testing remediationremoval storage disposal sale use of orexposure to asbestos is excluded by theforegoing

9. the giving of or application of any hair orbeauty treatment

10. the first amount of each and every claim inrespect of Damage to:

(a) underground pipes cables or services . . . . . . . . . . . . . . . . . . . . . . . . £500

(b) property caused by or arising from the use of welding or heatcutting equipment blow lamps or blow torches hot air guns or any other work involving the useor application of heat. . . . . . . . . . . £500

(c) property other than as provided for in (a) and (b) above. . . . . . . . . £100.



(This Section is not operative unless specificreference is made to it in the current PolicySchedule)

CoverWe will indemnify You against all sums forwhich You are legally liable in respect of BodilyInjury to any Employee caused during thePeriod of Insurance and arising out of and inthe course of the Business within theGeographical Limits

Provided that Our liability in respect of any oneclaim against You or series of claims againstYou relating to any one or more of YourEmployees arising out of any one occurrenceshall not exceed £10,000,000 which shall beinclusive of

1. (a) all Costs and Expenses incurred withOur written consent in connection withthe defence of any claim

(b) the legal costs of representation at anyCoroners Inquest or Fatal AccidentInquiry or of defending in any Court ofSummary Jurisdiction any proceedingsbrought against You in respect of anybreach or alleged breach of statutoryduty resulting in Bodily Injury

that may be the subject of indemnity underthis Section

2. all Costs and Expenses recoverable by anyclaimant from You.

Clauses

Additional Persons InsuredAt Your request We will indemnify as thoughthey were You

(a) any director partner or Employee of Yourswhile acting in such capacity in the courseof the Business but only insofar as Youwould be entitled to indemnity under thisPolicy were the claim made against You

(b) any director or partner of Yours for whoman Employee is undertaking private workincidental to the Business

In the event of Your death We will indemnifyas though they were You Your legal personalrepresentatives in respect of liability incurred byYou provided that

1. such Additional Person shall as though hewere You observe fulfil and be subject tothe terms exclusions and conditions of thisPolicy insofar as they can apply

2. We shall have the conduct and control ofall claims

3. if We are required to indemnify more thanone party in respect of any occurrence oroccurrences Our liability shall not inaggregate exceed the Limit of Indemnity.

Policy Cover Section C – Employers’ Liability

40

41

Corporate ManslaughterWe will indemnify You in respect of:

(a) legal fees and expenses incurred with Ourprior written consent for defendingprosecutions, including appeals againstconvictions


which arise from criminal proceedings for anyoffence as defined in Section 1 of theCorporate Manslaughter and CorporateHomicide Act 2007.

The total amount payable under this Clause inrespect of all claims occurring during any onePeriod of Insurance is limited to £500,000.

We will not indemnify You under this Clause inrespect of:

1. any prosecutions unless they relate to deathcaused to any Employee occurring withinthe Geographical Limits during the Periodof Insurance happening in connectionwith the Business

2. (a) the payment of fines or penalties

(b) any remedial or publicity orders or anysteps required to be taken by suchorders

3. defence Costs and Expenses and costs ofprosecution awarded against You for whichYou are entitled to indemnity under anyother policy or would have been entitled toan indemnity but for the existence of thisPolicy

4. any proceedings resulting from anydeliberate act or omission by You.

Court Attendance Costs We will compensate You if at Our request Youor any director, partner or Employee areattending court as a witness in connection with aclaim for which You are entitled to indemnity.

The maximum We will pay for:

1. You, each director or partner is £500 perday

2. each Employee is £250 per day.

Cross Liability Where the Insured comprises more than oneparty We will treat each party as if a separatepolicy had been issued to each provided thatnothing in this Clause will increase Our liabilitybeyond the amount for which We would havebeen liable had this Clause not applied.

Health and Safety at Work etc Act1974We will indemnify You and at Your request anypartner director or Employee of Yours whileacting in that capacity in respect of:

(a) legal fees and expenses incurred with Ourwritten consent for defending proceedings,including appeals

Policy CoverSection C – Employers’ Liabilitycontinued


42



which arise from any health and safety inquiryor criminal proceedings for any breach of theHealth and Safety at Work etc Act 1974 or theHealth and Safety at Work (Northern Ireland)Order 1978.

We will not provide indemnity:

1. unless the proceedings relate to an actualor alleged act, omission or incidentcommitted during the Period ofInsurance within the Geographical Limitsand in connection with the Business

2. in respect of proceedings which

(a) result from any deliberate act oromission by You

(b) relate to the health and safety of anyperson other than an Employee

3. for fines or penalties of any kind

4. where indemnity is provided by anotherinsurance policy

5. unless We have the conduct and control ofall proceedings in respect of whichindemnity is sought.

Indemnity to PrincipalsWe will at Your request indemnify anyPrincipal to the extent required by the contractbetween You and the Principal in respect ofliability arising from the performance of workby You for such Principal.

Provided that:

(a) We shall retain sole conduct and control ofany claim

(b) the Principal shall observe fulfil and besubject to the terms conditions exclusionsand limits of this Section insofar as theycan apply.

Rights of Recovery The indemnity provided is deemed to be inaccordance with the provisions of any lawrelating to compulsory insurance of liability toEmployees in Great Britain the Isle of Man orthe Channel Islands but You shall repay to Us allsums paid by Us which We would not have beenliable to pay but for the provisions of such law.

Temporary EmployeesWe will indemnify You in respect of temporaryEmployees. Cover is provided under this Clauseto a maximum of 50 man-days worked in anyone Period of Insurance.

This Clause does not remove the need todeclare changes in Employees as required byGeneral Condition 13 of this Policy.

Work OverseasThe indemnity provided shall extend to apply inrespect of liability for Bodily Injury caused toan Employee whilst temporarily engaged innon-manual work in connection with theBusiness outside the Geographical Limitsprovided that such Employee is ordinarilyresident within the Geographical Limits.

43




1. Bodily Injury to any Employee when theEmployee is

(a) carried in or upon any motor vehicle

(b) entering or getting onto or alightingfrom a motor vehicle in circumstanceswhere Road Traffic legislation requiresinsurance or security

This exclusion shall not apply to Bodily Injuryto any Employee who at the time the BodilyInjury occurs is the driver of a motor vehicle oris the person in charge of the motor vehicle forthe purposes of driving provided always thatYou are not entitled to indemnity under anyother policy for such Bodily Injury.



(If Endorsement 24 is shown on the PolicySchedule this Section is operative forStandard Cover only)

CoverWe will indemnify the Insured Person inrespect of Damage to Tools occurring duringthe Period of Insurance and within theGeographical Limits provided that suchindemnity shall be by payment or at Ouroption by reinstatement or repair.

Our liability in respect of the amount payableto any one Insured Person shall not exceed:

1. the Sum Insured stated in the Schedule

2. £500 in respect of any one Tool.



1. indirect loss of any kind

2. Damage to Tools due or attributable to

(a) wear tear rust corrosion mildew or othergradual deterioration or vermin orinsect

(b) any process of cleaning repair orrestoration

(c) its own mechanical electrical orelectronic breakdown failure orderangement

3. Damage which is not traceable to anidentifiable occurrence or which is causedby deception

4. Damage to Tools caused by theft orattempted theft if it is left unattendedunless it is contained in a securely lockedmotor vehicle trailer or room or box andthere is evidence of forcible or violent entryto or exit from the motor vehicle trailer orroom or box

5. Damage to Tools

(a) occurring while lent to or being used byanyone other than an Insured Personor an Employee

(b) while hired out

6. Damage to ladders generatorstransformers or any other equipment orTool not designed to be applied directly tothe work by hand

7. Damage to portable computers andancillary equipment and/or portabletelecommunication equipment

8. the first amount of each and every claim forDamage

Policy CoverSection D – Tools Standard PlusCover

44

45

(a) caused by theft or attemptedtheft from any unattendedmotor vehicle or trailer notcontained in a securelylocked building or guardedsecurity park . . . . . . . . . . . . . . . . . . . . £250

(b) from any cause other than(a) above . . . . . . . . . . . . . . . . . . . . . . . £60.

Policy CoverSection D – Tools Standard PlusCovercontinued



CoverWe will indemnify You in respect of Damageto goods pertaining to the Business whilst in oron or being loaded into or onto or unloadedfrom any motor vehicle within theGeographical Limits and owned by oroperated by You or under Your direct control.

Our liability shall not exceed £2,000 in respectof any one occurrence.



1. Damage caused by deterioration or anyinadequate packing or insulation

2. Damage caused by theft or attemptedtheft from any unattended vehicle unless

(a) the vehicle is securely locked at allpoints of access

(b) between the hours of 9pm and 6amthe vehicle is kept within a securelylocked building

3. Damage due to delay or any other indirectloss.

Policy CoverSection E – Goods in Transit

46

47


CoverWe will indemnify You in respect of Damageto the Contract Works occurring during thePeriod of Insurance provided that

1. Our liability shall not exceed the maximumContract Price stated as the Sum Insuredin the Schedule. The Sum Insured by thissection is subject to Average

2. such indemnity shall be by payment or atOur option by reinstatement or repair.

ClausesAutomatic Reinstatement of Sum Insured

In consideration of the Sum Insured not beingreduced by the amount of any Damage Youshall pay the additional premium required byUs in respect of such amount provided thatOur liability in respect of any one occurrence ofDamage shall not by virtue of this Clauseexceed the Sum Insured stated in theSchedule.

Debris Removal and Professional Fees

We will indemnify You in respect of costs andexpenses necessarily incurred by You with Ourconsent for

1. (a) removing debris

(b) dismantling and/ or demolishing

(c) shoring up propping and fencing off

(d) clearing and/or repairing drains andservice mains on site

2. professional fees in connection with thereinstatement or repair of the ContractWorks following Damage but not forpreparing any claim.

Free Issue Materials

The Contract Works will include any FreeIssue Materials provided You include theirvalue in the Contract Price.

Increase in Contract Price

In the event of any increase in the ContractPrice during the Period of Insurance the SumInsured stated in the Schedule shall bedeemed to be increased in like proportion up tobut not exceeding 20% of the Sum Insured.

Indemnity to Principal

We will indemnify the Principal as though theywere You but only to the extent required by theconditions of the contract or agreementprovided that

1. the Principal shall as though they were Youobserve fulfil and be subject to the termsconditions and exclusions of this Policy

2. We shall have the conduct and control ofall claims.

Local Authorities

We will indemnify You in respect of theadditional cost of reinstatement of the

Policy Cover Section F – Contract Works


Contract Works as may be incurred solely byreason of the necessity to comply with any Actof Parliament or Bye-Laws of any Municipal orLocal Authority provided that

1. the amount recoverable under this Clauseshall not include

(a) costs incurred in complying with any ofthe said Regulations or Bye-Laws

(i) which can be recovered elsewhere

(ii) under which notice had beenserved upon You prior to thehappening of the Damage

(b) the amount of any rate tax dutydevelopment or other charge orassessment arising out of capitalappreciation which may be payable inrespect of the property or by the ownerthereof by reasons of compliance withany of the said Regulations or Bye-Laws

2. the work of reinstatement shall becommenced and carried out within twelvemonths of Damage.

Maintenance Period Indemnity

Notwithstanding Exclusion 2(f)(i) We willindemnify You in respect of Damage to anypart of the Contract Works occurring duringthe Maintenance Period relating to that partand for which in the terms of the contract Youare responsible

1. arising from a cause occurring prior to suchMaintenance Period

or

2. caused by You in the course of workundertaken to comply with any terms of thecontract relating to such MaintenancePeriod.

Off Site Storage

We will indemnify You in respect of materialsallocated to any contract whilst temporarilystored anywhere within the GeographicalLimits provided You are responsible for them.

Overtime and Other Costs

In respect of any Damage for which You areentitled to indemnity under this Policy We willindemnify You in respect of the reasonableadditional costs of overtime shift workingbonus payments plant hire charges expressdelivery and similar expenses necessarilyincurred by You with Our consent to expeditethe reinstatement or repair of the ContractWorks.

Provided that

1. such additional costs shall not in any waycontribute to completion of any part of theContract Works sooner than that partwould have been completed had suchDamage not occurred

2. Our liability in respect of such additionalcosts shall not exceed 10% of theContract Price.

Policy Cover Section F – Contract Workscontinued

48

49

Plans and Specifications

The Sum Insured stated in the Schedule isdeemed to include plans specifications andother documents in respect of which Ourliability shall be limited to the replacement ofsuch plans specifications and documentsessential for completion of the contract andshall not exceed their value as stationerytogether with the cost of labour in writing upredrawing or reproducing such plansspecifications and documents excluding thevalue of or cost of retrieving informationcontained therein.

Prospective Purchasers TemporaryAccommodation

In respect of private houses bungalows flats ormaisonettes built by YouWe will at Yourrequest pay the prospective purchasersreasonable costs of other comparabletemporary accommodation in the event of theproperty suffering Damage as insured by thisSection which occurs between exchange ofcontracts and completion and which preventsthe purchaser from moving into the property onthe completion date provided that

1. Ourmaximum liability under this Clauseshall not exceed 10% of the purchase priceof the property or £10,000 whichever is thelesser

2. the property is not insured elsewhere

3. the purchaser observes the terms andconditions of this Policy.

Show Properties

We will indemnify You in respect of Damageto show properties including their contents.

The maximum We will pay in respect of thecontents of any one show property is £10,000.

Speculative Building

We will indemnify You in respect of Damageto private dwellings You have erected on aspeculative basis but Cover shall cease from

1. the date such property is sold let or leased

2. three months after the date of PracticalCompletion

whichever is the earlier.

Where the property comprises several unitswithin one block then part 1 of this Clause shallapply to each individual unit but Cover inrespect of the whole block shall not exceed 3months from the date of Practical Completionif parts of it are still unsold unlet or unleased.

Sub-Contractors Waiver of Subrogation

In respect of any contract awarded under theJCT Standard form of Building Contract andinsured under this Section the followingalterations to this Section shall apply but only inrespect of the Contract Works.

In respect of Damage to the Contract Worksby any of the specified perils defined in thecontract it is agreed that so far as is required bythe said contract We will not pursue any rightsof subrogation against subcontractors directly

Policy CoverSection F – Contract Workscontinued


engaged by You provided that thesubcontractor shall as if they were You observefulfil and be subject to the terms exclusions andconditions of this Policy.



1. (a) the first £250 of each and every claimfor Damage not caused by theftattempted theft or malicious damage

(b) the first £500 of each and every claimfor Damage caused by theft attemptedtheft or malicious damage

2. Damage to

(a) deeds bonds bills of exchangepromissory notes cash bank notescheques securities for money or stamps

(b) any aircraft watercraft hovercraft orany other vessel or craft intended tofloat in or on or travel through water airor space

(c) any part or the Contract Works whilein transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other security

is required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade

(e) any pre-existing structure building orother property at the Contract Site orany contents therein

(f) any part of the Contract Works

(i) in respect of which a Certificate ofCompletion has been issuedunless such Damage beoccasioned within 14 days of thedate of issue of a Certificate ofCompletion but only to the extentYou are responsible under theconditions of the contract

(ii) which has been handed over to thePrincipal

(iii) which is in occupation or use by orin possession of the Principal orwith Your permission any otherperson for any purpose other thanthe performance of the contract

(iv) which arises after PracticalCompletion where no Certificateof Completion is to be issued

3. Damage to any part of the ContractWorks due to or attributable to

(a) any wear and tear rust corrosionmildew or other gradual deteriorationof or vermin or insect


50

51

(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion thereof

(c) any defect in the materials orworkmanship

(d) any faulty or defective design plan orspecification of or advice relating tothat part

4. Damage for which You are not responsibleunder the terms of the contract

5. any shortage or disappearance discoveredonly on the making of an inventory orperiodic stocktaking and not traceable toan identifiable occurrence

6. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kind

7. theft from any unattended motor vehicleor trailer unless it is contained in a securelylocked building and there is evidence offorcible and violent entry to or exit fromthe building

8. Damage arising from

(a) the making of sewers or otherexcavations exceeding in any part adepth of 3 metres from the surface

(b) any work connected with tunnelsreservoirs dams viaducts bridges ormines

(c) any work in under or over water

9. Damage to the Contract Works uponwhich work has been suspended for aperiod in excess of 30 days

10. Damage to portable computers andancillary equipment and/or portabletelecommunications equipment

11. Damage caused by Pollution orContamination other than that to theContract Works.



52


Cover We will indemnify You in respect of Damageto Plant owned by You whilst at the ContractSite in transit or at Your premises provided that

1. Our liability shall not exceed the SumInsured as stated in the Schedule or£25,000 in respect of any one item. TheSum Insured is subject to Average

2. Such indemnity shall be by payment or atOur option by reinstatement or repair.


In consideration of the Sum Insured not beingreduced by the amount of any Damage Youshall pay the additional premium required byUs in respect of such amount provided thatOur liability in respect of Damage shall not byvirtue of this Clause exceed the Sum Insuredstated in the Schedule.

Plant Retrieval Costs

We will indemnify You in respect of costsnecessarily incurred in the retrieval ofmechanically propelled construction plant andequipment insured from the Contract Sitewhen such plant or equipment is accidentallyand physically rendered inoperative andincapable of movement (other than bymechanical electrical or electronic breakdown

failure or derangement) without externalassistance.



1. (a) the first £250 of Damage not causedby theft attempted theft or maliciousdamage

(b) the first £500 of Damage caused bytheft attempted theft or maliciousdamage

2. Damage to



(c) Plant while in transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other securityis required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade.

Policy CoverSection G – Own Plant

3. Damage to any part of the Plant due to orattributable to


(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion


5. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kind

6. confiscation nationalisation requisition orDamage to property by or under the Orderof any Government or Public or LocalAuthority

7. Damage to portable computers andancillary equipment and/or portabletelecommunications equipment

8. theft or attempted theft between the hoursof 7.00pm and 6.00am unless kept in asecurely locked compound or building andthere is evidence of forcible or violent entryto or exit from the compound or building

9. Damage caused by theft or attemptedtheft away from any Contract Site unlessit is:

(a) kept in a securely locked compound orbuilding and there is evidence offorcible or violent entry to or exit fromthe compound or building

(b) in transit but excluding

(i) theft from any unattended motorvehicle unless the vehicle is lockedat all points of access

(ii) theft or attempted theft betweenthe hours of 7.00pm and 6.00amunless kept in a securely lockedcompound or building and there isevidence of forcible or violent entryto or exit from the compound orbuilding.

Policy CoverSection G – Own Plantcontinued

53



Cover We will indemnify You in respect of Damageto Plant hired in by You whilst at the ContractSite in transit or at Your premises provided that

1. Our liability shall not exceed the SumInsured as stated in the Schedule

2. Such indemnity shall be by payment or atOur option by reinstatement or repair.


In consideration of the Sum Insured not beingreduced by the amount of any loss or DamageYou shall pay the additional premium requiredby Us in respect of such amount provided thatOur liability in respect of Damage shall not byvirtue of this Clause exceed the Sum Insuredstated in the Schedule.

Continuing Hire Charges

We will indemnify You in respect of legalliability to pay continuing hire chargesfollowing Damage to construction plant toolsequipment and temporary buildings hired in byYou.

Provided that

1. this Clause shall not apply in respect ofhired in Plant for which a valid claim hasnot otherwise been admitted under thisPolicy

2. in respect of Damage We shall not beliable under this Clause for the hire chargesthat are payable during the first 48 hoursthat each item of plant is out ofcommission

3. the terms of any hiring agreement are nomore onerous than the Model Conditionsfor the Hiring of plant of The Contractors’Plant Association

4. Our liability under this Clause shall notexceed an amount equal to 13 weeks hirecharges or 50% of the total Sum Insured ofthe Section whichever is the less in respectof any one occurrence or series ofoccurrences arising out of one event.

Plant Retrieval Costs

We will indemnify You in respect of costsnecessarily incurred in the retrieval ofmechanically propelled construction plant andequipment insured from the Contract Sitewhen such plant or equipment is accidentallyand physically rendered inoperative andincapable of movement (other than bymechanical electrical or electronic breakdownfailure or derangement) without externalassistance.

Policy CoverSection H – Hired in Plant

54

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1. (a) the first £250 of Damage not causedby theft attempted theft or maliciousdamage

(b) the first £500 of Damage caused bytheft attempted theft or maliciousdamage

2. Damage to



(c) Plant while in transit by sea or air

(d) any mechanically propelled vehicle ortrailer attached thereto if such vehicle isbeing used in circumstances for whichcompulsory insurance or other securityis required by any road traffic legislationunless such vehicle is designed oradapted primarily for use as a tool oftrade

3. Damage to any part of the Plant due to orattributable to


(b) the mechanical electrical or electronicbreakdown failure or derangement orexplosion thereof


5. any penalty fine or damages or loss ofcontract or loss due to delay or increasedcosts of working or indirect loss of any kindother than as defined in the ContinuingHire Charges Clause

6. confiscation nationalisation requisition orDamage to property by or under the Orderof any Government or Public or LocalAuthority

7. Damage to portable computers andancillary equipment and portabletelecommunications equipment

8. theft or attempted theft between the hoursof 7.00pm and 6.00am unless kept in asecurely locked compound or building andthere is evidence of forcible or violent entryto or exit from the compound or building

Policy CoverSection H – Hired in Plantcontinued


9. Damage caused by theft or attemptedtheft away from any Contract Site unlessit is:

(a) kept in a securely locked compound orbuilding and there is evidence offorcible or violent entry to or exit fromthe compound or building

(b) in transit but excluding

(i) theft from any unattended motorvehicle unless the vehicle is lockedat all points of access

(ii) theft or attempted theft betweenthe hours of 7.00pm and 6.00amunless kept in a securely lockedcompound or building and there isevidence of forcible or violent entryto or exit from the compound orbuilding.

Policy CoverSection H – Hired in Plantcontinued

56

57

In the event of an incident occurring whichmay give rise to a claim under this Policy Youshould

1. Take all necessary and reasonableprecautions and emergency action toprevent further Injury Loss or Damageoccurring

Utilise the Helpline facility – see page 2 of thisPolicy

2. Notify the Police of any incident involvingloss Theft Malicious damage or Vandalism

3. Notify Us as soon as possible giving fulldetails of the incident

We will

(a) check the Policy cover to ascertain asfar as practical at this stage that avalid claim exists

(b) appoint a Loss Adjuster at Ourdiscretion

4. Send to Us immediately upon receipt anywrit summons or other legal process issuedor commenced against You and do notnegotiate admit or repudiate any claimwithout Our written consent

5. Retain all damaged property/salvage forinspection Youmay not however abandonany property or salvage to Us

6. We shall be entitled to

(a) enter any of the buildings whereBodily Injury or Damage hashappened and take and keeppossession of the insured property anddeal with the salvage in a reasonablemanner

(b) negotiate defend or settle in Yourname and on Your behalf any claimmade against You as We deemappropriate

(c) prosecute in Your name for Our ownbenefit any claim against any otherperson in respect of any amount paidor payable.

How to make a claim Commercial Care Line0330 024 2266

Covea Insurance plcRegistered Office: Norman Place, Reading, Berkshire RG1 8DARegistered in England and Wales No. 613259Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority No. 202277

P21B 08/16

Covéa Insurance Norman PlaceReadingRG1 8DATelephone: 0330 221 0444Fax: 0118 955 2211

www.coveainsurance.co.uk

Documents

Master Tradesman Plus - CovéaThank you for choosing Covéa Insurance. This is Your Master Tradesman Plus Policy. It sets out the details of Your insurance contract with Covéa Insurance