Business Liability Insurance Scheme

Definitions

We have set out below definitions of certain words or phrases that are repeated throughout the Policy. Wherever these words or phrases appear they will be in bold type.

If any of these words or phrases appear in an endorsement to this Policy they will have the same meaning.

Bodily Injury

  1. any death, illness or disease
  2. mental injury, mental anguish or shock, but not defamation

Business
The insured's business as described in the schedule operating as a Computer Contractor.

Claim payment
The amount we agree to pay you for any claim you make which is covered under this Policy. We may choose to settle the claim by repairing the item to its original state or making a cash payment equivalent to the replacement value of the item less a deduction for wear and tear or loss of value. The maximum amount we willpay for any one claim is the sum insured or limit of indemnity shown in the schedule (unless we state otherwise).

Compensation
All sums which you are legally liable to pay as compensation other than punitive exemplary or aggravated damages or any additional damages resulting from the multiplication of compensatory damages.

Contractual liability
Liability which attaches by virtue of a contract or agreement but which would not have attached in the absence of such a contract or agreement.

Endorsement
An agreed variation in the terms (or a change in details) of your Policy.

Employee

  1. any person under a contract of service or apprenticeship to you or your company
  2. any self-employed person
  3. any person hired to or borrowed by you
  4. any person engaged under a work experience youth training or similar scheme while working for you in connection with the business.

Excess
The total amount payable by you or any other person entitled to indemnity under this Policy in respect of any accidental damage to material property arising out of any one occurrence or series of occurrences arising out of any one cause before we shall be liable to make any payment.

Home
The private house, self-contained flat or bungalow at the address shown in the schedule which is used only for domestic purposes and the business. Home does not include any garage or outbuilding.

Office equipment
The computer and associated software, office furniture and associated business equipment which is owned, hired or leased by your company and which is used solely in connection with the business and for your own private use.

Period of insurance
This means the length of time the Policy lasts as shown in the schedule. It also includes any extra period for which we have accepted your premium.

Pollution or Contamination

  1. all pollution or contamination of buildings or structures or of water or land or atmosphere
    and
  2. all loss damage or bodily injury directly or indirectly caused by or arising from such pollution or contamination.

Product supplied
Any product or thing (including containers, packaging or labelling) sold, supplied, erected, repaired, altered, treated, installed, processed, manufactured, tested, serviced, hired out, stored, transported or delivered by you.

Schedule
The schedule shows details of the Policyholder, your company, the property insured, the period of insurance, the covers provided and any endorsements which apply. The schedule is part of the Policy and we will issue a new schedule when the Policy is altered.

Territorial limits
Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.

Unfurnished
Where the home is without sufficient furniture and furnishings for normal living purposes.

Unoccupied
Where the home is furnished but has not been lived in for more than 30 consecutive days.

We, us, our
NIG Insurance Company.

You, your, Policyholder
The person or people named in the schedule

Your company
The company named in the schedule

Your family
Your spouse, children, parents and other relatives who permanently live with you.

Section 1 - All Risks-Office Equipment

What is covered
We will pay you for accidental loss or damage or theft, oof office equipment whilst in the home or in your office premises which happens during the period of insurance.

What is not covered
loss or damage involving:

  • mechanical or electrical fault, breakdown or failure;
  • wear and tear, deterioration, mildew, any moth, vermin or domestic pet or any repair, restoration or renovation work;
  • any property used professionally or for any trade purposes other than the business;
  • theft from an unattended motor vehicle.

Loss of or damage caused by confiscation or detention by HM Customs or other officials or authorities.

Loss of or damage to:

  • contact or corneal lenses;
  • sports equipment, vehicles, cycles and their accessories;
  • hearing aids;
  • musical instruments; or
  • stock in trade.

The first £100 of any claim.

Consequential loss of any kind incurred by you or your family.

Section 2 - Additional Cost of Working

Section Definitions

Indemnity Period
The period of up to 12 months following the date of damage to your office equipment.

Revenue
The money which in the course of the business is paid or payable to your company.

What is covered
In the event that

  • your office equipment is accidentally damaged; and
  • we have paid or agreed to pay a claim for accidental damage to your office equipment under Section 1 of this Policy; and
  • you cannot continue with the business

we will pay you the additional expenditure necessarily and reasonable incurred for the sole purpose of avoiding or diminishing any reduction in revenue of the business which but for that expenditure would have been sustained during the indemnity period but not exceeding the reduction in revenue avoided and having deducted any sum saved during the indemnity period as a resuolt of the interruption of the business.

If the sum insured shown in the schedule is less than the revenue achieved by the business during the 12 months immediately before the loss we will only pay a rateable share of the claim.

What is not covered
Loss or damage caused by erasure loss distortion or curruption of information on computer systems or other records, programs or software.

Section 3 - Employers' Liability

What is covered

In the event of bodily injury caused to an employee within the territorial limits arising out of and in the course of employment by you, we will indemnify you in respect of compensation of such bodily injury arising out of such an event.

Limit of liability
Our liability for compensation costs and expenses shall not exceed the amount stated as the limit of indemnity in the schedule to this policy.

Section Condition
The indemnity provided by this Section is deemed to be in accordance with such provisions as any law relating to the compulsory insurance of liability to employees in Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or offshore installations within the Continental shelf around those countries may require but you muist repay any amounts paid by us which we would not have been liable for but for the provisions of such law.

Section Exclusion
We shall not provide indemnity against liability in respect of which compulsory insurance or security is required under the Road Traffic Act 1988 or the Road Traffic Act (Northern Ireland) Order 1981 or any subsequent legislation amending or replacing such Act or Order.

Section Extensions
These Section Extensions are subject otherwise to the terms Exclusions and Conditions of this Policy.

  1. Work Overseas
    The indemnity provided bgy this Section shall extend to apply in respect of liability for bodily injury caused to an employee whilst temporarily engaged in work outside the territorial limits

    Provided that

    1. such employee is ordinarily resident within the territorial limits
    2. we shall not provide indemnity in respect of any amount payable under Workmen's Compensation Social Security or Health Insurance legislation

  2. Unsatisfied Court Judgements
    Where a judgement for damages has been obtained by an employee or the legal personal representatives of any employee:

    1. in respect of bodily injury sustained by the employee arising out of and in the course of employment by you;
    2. against any individual resident in premises within the territorial limits in any court situate in the territorial limits;

    and such judgement remains unsatisfied in whole or in part 6 months after the date of judgement, we will at your request pay to the employee or the said legal personal representatives the amount of any such damages and any awarded costs to the extent that they remain unsatisfied

    Provided that

    • There is no appeal outstanding
    • If we make payment the employee or the said legal personal representatives shall assign the judgement to us
    • Section 3 is operative at the time that such bodily injury is caused

    Our liability for damages costs and expenses shall not exceed the amount stated as the limit of indemnity in the schedule to this Policy.

Section 4 - Public Liability

What is covered

In the event of accidental

  1. bodily injury to any person
  2. material damage to property
  3. obstruction, trespass, nuisance or interference with any right of way, air, light or water or other easement
  4. wrongful arrest wrongful detention false imprisonment or malicious prosecution

occurring within the territorial limits we will indemnify you in respect of compensation arising out of such event.

Limit of Liability
Our liability for compensation shall not exceed the amount stated as the limit of indemnity in the schedule to this Policy.

Unless otherwise stated in this Policy or any endorsement any costs and expenses in respect of which an indemnity is provided by this Section will be payable in addition to the limit of indemnity.

Section Exclusions

We shall not provide indemnity against liability:

  1. in respect of bodily injury to any employee or a member of your family arising out of and in the course of employment by you.
  2. caused by or arising from the ownership, possession or use by you on on your behalf of any:
    1. aircraft, aerospatial device or hovercraft;
    2. watercraft other than hand-propelled watercraft or other watercraft not exceeding 8 metres in length;
    3. mechanically propelled vehicle;
      1. for which compulsory insurance or security is required under any legislation governing the use of the vehicle;
      2. where indemnity is provided by any other insurance.
    4. in respect of bodily injury to you
    5. caused by or arising from any product supplied.
    6. in respect of damage to material property
      • belonging to you;
      • in the custody or under the control of you or any employee other than personal effects (including vehicles and their contents) of any visitor, director, partner or employee;
      • being that part of any property on which you or an employee or agent acting for you is or has been working where the damage arises out of such work.
    7. for the excess specified in the schedule to this Policy other than in respect of damage to premises (including their fixtures and fittings) leased or rented to you or your company.
    8. Contractual liability
      We shall not provide indemnity under Section 4 in respect of contractual liability unless the sole conduct and control of claims is vested in us but we shall not in any event provide indemnity in respect of liquidated damages or liability under any penalty clause.
    9. Pollution or Contamination
      We shall not provide indemnity under Section 4 against liability arising from pollution or contamination other than caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific time and place during the period of insurance

      Provided that

      • All pollution or contamination which arises out of such incident shall be deemed to have occurred at the time such incident takes place
      • Our liability for all compensation under Section 4 payable in respect of all pollution or contamination which is deemed to have occurred during the period of insurance shall not exceed in the aggregate the amount stated in the schedule of this Policy as the limit of indemnity for Section 4.
    10. Advice for a Fee
      We shall not provide indemnity under Section 4 against liability caused by or arising from design or specification provided by you or your company.

Exclusions to Sections 3 and 4
These Section Extensions are subject to the terms General Conditions and General Exclusions of the Policy.

  1. Claimants Costs and Expenses
    We will provide indemnity against legal liability for all costs and expenses recoverable by any claimant in connection with any claim to which the indemnity expressed in Sections 3 or 4 applies.

  2. Defence Costs and Expenses
    We will provide indemnity in respect of all
    1. costs incurred with our written consent for legal representation at any
      1. coroner's inquest or other inquiry in respect of any death
      2. proceedings in any court in respect of any act or omission caused or relating to any occurrence
  3. other costs and expenses incurred with our written consent in relation to any matter which may be the subject of indemnity under Sections 3 or 4.

  4. Health and Safety at Work Act
    We will provide indemnity to you and any of your employees in respect of legal costs and expenses incurred with our written consent in the defence of any criminal proceedings brought for a breach of the Health and Saftey at Work etc. Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978 including such legal costs and expenses incurred in an appeal against conviction arising from such proceedings and prosecution costs awarded in connection therewith

    Provided that

    1. the proceedings relate to an offence alleged to have been committed during the period of insurance and in the course of this business.
    2. we shall not provide indemnity in respect of
      1. fines or penalties of any kind
      2. any circumstances for which indemnity is provided by any other insurance
      3. proceedings consequent upon a deliberate act by or omission of any person entitled to indemnity under this Policy Extension if the result thereof could reasonably have been expected having regard to the nature and circumstances of such act or omission
      4. proceedings which arise out of any activity or risk excluded from this policy
      5. proceedings which relate to the health, safety or welfare of any employee unless Section 3 is operative at the time when the offence was committed
      6. proceedings which relate other than to the health, safety or welfare of any employee and other than to products supplied
      7. proceedings which relate to products supplied
      8. the employees shall as though he/she/they were the Policyholder be subject to the terms Exclusions and Conditions of this Policy insofar as the can apply.

  5. Cost of Court Attendance
    In the event of any employee attending court as a witness at our request in connection with a claim in respect of which you are entitled to indemnity under this Policy, we will reimburse you up to £100 per day for each day on which attendance is required.

  6. Indemnity to Other Persons
    We will also indemnify as if a separate Policy has been issued to each
    1. your legal personal representatives or any other person entitled to indemnity under this Policy but only in respect of liability incurred by you or such other person
    2. any employee of yours while acting in connection with the business in respect of liability for which you would be entitled to indemnity under this Policy if the claim for which indemnity is being sought had been made against you

      Provided that

      1. any persons specified above shall as though they were the Policyholder be subject to the terms Exceptions and Conditions of this Policy insofar as they can apply.
      2. Nothing in this General Policy Extension shall increase our liability to pay any amount exceeding the limit of indemnity stated in the schedule regardless of the number of persons claiming to be indemnified.

Section 5 - Helpline Services

Section Definitions
Where a word or phrase is in bold type, please refer to Definitions unless the Definition is shown below.

We, Our, Us
DAS Legal Expenses Insurance Company Limited.

Insured person

  • You
  • Directors, partners and employees of your business.
  • Any member of your family who always lives with you.
  • Anyone claiming under this Section must have your agreement to claim.

Helpline Services

We provide these services 24 hours a day, seven days a week during the period of insurance. All helplines apply to the United Kingdom unless otherwise stated.

To help us check and improve service standards, all calls are recorded other than for the Health and Medical Information and Counselling Services.

Please quote reference HL/3418109.

Eurolaw Legal Advice

We will give an insured person confidential legal advice over the phone on any personal legal problem or commercial legal problem affecting your business, under the laws of the member countries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway.

Tax Advice

We will give an insured person confidential advice over the phone on any personal tax matter. We will give you confidential advice over the phone on any tax matter affecting your business. This service is restricted to UK law.

Health and Medical Information Service

We will give an insured person who is living at your home information over the phone on health and fitness, and non-diagnostic advice on medical matters. Advice can be given on allergies, the side-effects of drugs and how to improve general fitness. Information is available on self-help groups and hospital waiting lists.

For the following four assistance services, you will be responsible for paying the cost for the help provided.

Domestic Assistance Service

We will arrange help or repairs needed if you have a domestic emergency in your home, such as burst pipes, a blocked drain, broken window or building damage.

Veternary Assistance Service

If your pet is ill or injured, we can help find a vet who can offer treatment.

Childcare Assistance Service

We will arrange help following an emergency (such as illness or injury to an insured person) if a regular childminder cannot attend or you have to leave children at home unexpectedly.

Home Assistance Service

We will arrange assistance following an emergency (such as illness or injury to an insured person) when help is needed to run your home. We can help find cleaning staff, au pairs and housekeepers.

To contact the above services, telephone us on 0117 934 2111 or 0117 976 2030.

Counselling

We will provide an insured person with a confidential counselling service over the phone, including, where appropriate, onward referral to relevant voluntary or professional services.

To contact the Counselling Helpline, telephone us on 0117 934 2121.

We will not accept responsibility if the Helpline Services are unavailable for reasons we cannot control.

General Conditions

  1. Reasonable care
    You must take all reasonable care to prevent accidents, disease, loss or damage and keep your property in a good state of repair and condition.

    You must take all reasonable care to comply with all statutory obligations and regulations imposed by any authority.


  2. Other insurance
    If at the time of any loss, damage or liability covered under this Policy, you have any other insurance or guarantee which covers the same loss, damage or liability, we will only pay a rateable share of the claim.

  3. Claims
    When a claim, or possible claim, occurs you must tell us in writing as soon as possible.

    You must contact Caunce O'Hara Insurance Brokers, 9 St James Square, Manchester M2 6DN.

    For loss or damage claims you must give us any documents, information and evidence we need at your expense. You must also tell the plice immediately if the cliam is being made as a result of accidental loss, damage by malicious persons, theft or any attempted theft.

    For liability claims you must send us any claim, writ or summons as soon as you receive it. Do not negotiate, pay settle, advit or deny any claim without our written permission. You must also notify us immediately in writeing of any impending prosecution inquest or fatal accident enquiry.


  4. Our rights after a claim
    We are allowed to enter any building where loss or damage to the property has happened, to take possession of and deal with any salvage in a reasonable manner. But you must not abandaon any property and leave it to us.

    Before or after we pay your claim under this Policy, we can take action, in your name, or in the name of anyone else who is covered under this Policy, to enforce your rights against any other person. We will pay any costs or expenses involved.

    Following a claim you must install any additional protective measures or devices which we specify.


  5. Fraudulent Claims
    If you or anyone acting on your behalf make a claim under this Policy and know the claim is false or fraudulent in any way, the Policy is void and the claim will not be paid.

  6. Claims (Discharge of Liability)
    We may at any time at our discretion
    1. under Section 3 pay you the limit of indemnity (less any sum or sums already paid in respect of or in lieu of compensation and less other costs and expenses already paid or incurred prior to such payment) or any lesser sum for which the claim or claims against you can be settled and we shall not be under any further liability in respect of such claim or claims
    2. under Section 4 pay to you the limit of indemnity (less any sum or sums already paid in respect of or in lieu of compensation) or any lesser sum for which the claim or claims against you can be settled and we shall not be under any further liability in respect of such claim or claims except for other costs and expenses incurred prior to such payment for which the company may be responsible

      Provided that

      in the event of a claim or series of claims resulting in your ability to pay a sum in excess of the limit of indemnity our liability under Section 4 for costs and expenses shall not exceed an amount being in the same proportion as our payment to you bears to the total payment made by or on behalf of you in settlement of the claim or claims.


  7. Arbitration
    If we accept your claim but you disagree over the amount you will be paid, the dispute will be referred toan Arbitrator who will be appointed in accordance with current law. When this occurs, the Arbitrator must decide on an award before you can bring proceedings against us.

  8. Cancellation
    We can cancel your Policy, by sending you 7 days' notice by recorded delivery to your last known address. In these circumstances we ill repay any unused part of your premium.

    You can cancel your Policy by giving us notice in writing. We will refund a proportion of the premium you have paid. However, you may not receive a refund if an incident giving rise to a claim occurs in the current period of insurance.


  9. Monthly payments
    If your Policy is cancelled we will stop asking for your monthly premiums and you must tell your bank that payments will stop.

    If your bank does not pay any single monthly premium, your Policy will be cancelled. We will give you 7 days' written notice first.


  10. Important Changes
    The cover under this Policy is based on information you gave us when you completed and signed the proposal form. You must tell us as soon as possible in writing if any of this information changes, as your cover may be affected. In particular you must tell us about:
    • change of address;
    • changes in your or your family's occupation or profession;
    • leaving your home unoccupied for more than 30 consecutive days;
    • changes in the use of your home.

  11. Governing law
    There is a choice of law for this insurance, but unless we agree otherwise English law applies.

General Exclusions

You are not covered for loss or destruction of, or damage to, any property or consequential loss or any legal liability directly or indirectly caused by or contributed to, or arising from the following:

  1. Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the burning of nuclear fuel.
  2. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or its nuclear components.
  3. War, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup.
  4. Pressure waves from aircraft and other aerial devices travelling at sonic or supersonic speeds.

You are also not covered for any of the following:

  1. Any loss suffered by you due to any person obtaining any property by deception, unless deception is only used to gain entry to your home.
  2. Any loss or damage which happened to you before the first period of insurance.
  3. Wear and tear or any gradually-operating cause.
  4. Loss of value following a claim payment.
  5. Mechanical or electrical fault, breakdown or failure.
  6. The cost of replacing any undamaged item or parts of items which fform part of a set, suite or has a uniform nature, colour or design when damage has occurred within a clearly identifiable area or to a specific part and a replacement cannot be matched.
  7. Any loss, damage or liability caused directly or indirectly by the failure of:
    • any computer equipment, system or software;
    • any products, equipment or machinery containing or connected to or operated by means of a data processor chip;

    to correctly recognise, respond or process any data or instruction or any date or part of a date as its true calendar date.

We will pay for any subsequent loss or damage which is otherwise covered by the policy.

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