commercialshield- package policy...exclusion 3 does not apply to the personal accident section 4war...

Commercial Shield - PackagePolicy

IN IRELAND

Version 2

ME0667 Commercial shield Package_V6_Comm Shield Package Policy (ROI) 22/01/2014 14:00

Contents

Introduction 3

– Claims enquiries 3

– Policy information 3

Helplines 4

Preamble 6

General definitions 7

General exclusions 8

General conditions 10

Claims conditions 13

Security requirements 16

General memorandum 19

Sections of the policy (each section is operative only if shown as insured in the schedule)

Section 1 – Property damage 20

Section 2 – Equipment breakdown 34

Section 3 – Business interruption 39

Section 4 – Liabilities 48

Section 5 – Legal expenses 55

Section 6 – Money with assault extension 64

Section 7 – Personal accident 68

General information 71

– Complaints procedure 71

– The Financial Services Compensation Scheme (FSCS) 71


COMMERCIAL SHIELD - Package POLICY DOCUMENT 3

Claims enquiries

For claims other than legalexpenses claims

This claims service is provided by theClaims department at Methodist Insuranceplc.

If you wish to report a new claim, theservice is available 24 hours a day, 7 days aweek.

For enquiries about existing claims, theservice is available from Monday to Friday8am to 6pm.

The claims service number is

+44 (0)161 833 9696

Email [email protected]

Website www.methodistinsurance.co.uk

For legal expenses claims

If you wish to report a new legal expenses claim or discuss an existing claim please call

DAS Legal Expenses InsuranceCompany Limited

01 670 7470

For all claims

The actions to be taken by the Insured inthe event of any incident which may giverise to a claim are shown in the Claimsconditions on pages 13, 14 and 15

Policy information

Please read this policy carefully toensure it meets your requirements.

The policy consists of

This policy document whichcontains:

The general policy Preamble, Definitions,Exclusions, Conditions, Requirements andMemorandum which incorporate definitionsand terms that apply to the whole policy.

Individual sections numbered 1-7 as shownin the table of contents, each setting outthe terms relating to that section and thedefinitions used specifically in that section.All the sections available are shown but youmust check your policy schedule (seebelow) to see which sections are included.

The policy schedule

This shows those things that are individualto your insurance e.g. the identity of theInsured, the business being covered, theperiod of insurance, the sections in force,the covers you have chosen to include, thelimits that apply and any special clauses.

At renewal we may send you a furtherdocument called ‘Updates to your policy’ -this shows changes to the policy document.Please retain these ‘Updates to your policy’notices, plus the latest schedule, with yourpolicy document.

Introduction (not forming part of the policy)


4 POLICY DOCUMENT COMMERCIAL SHIELD - Package

The helpline services described below have been arranged by us for the benefit of our policyholders.

These helplines are manned 24 hours a day 365 days a year.

When telephoning these services pleasemake sure that you are able to give yourpolicy number. This can be found on thepolicy schedule.

The following are provided by DASLegal Expenses Insurance CompanyLimited (DAS):

To help them check and improve theirservices all calls (except those relating tocounselling) are recorded.

DAS will not accept responsibility if theHelpline Services fail for reasons theycannot control.

Please DO NOT telephone DAS to report ageneral insurance claim. Call your Broker orMethodist Insurance.

Business assistance

1850 670 747 In the event of an unforeseen emergencyaffecting the policyholder’s businesspremises which causes damage or potentialdanger DAS will contact a suitable repaireror contractor and arrange assistance onbehalf of the policyholder.

You are responsible for paying contractors’fees, but if the damage is covered underyour policy you will be able to submit aclaim in the normal way.

Commercial legal advice

1850 670 747 DAS will provide legal advice on anycommercial legal problem affecting thebusiness, under the laws of the Republic ofIreland, the United Kingdom of Great Britainand Northern Ireland, the Isle of Man and theChannel Islands.

Counselling

1850 670 407 DAS will provide all employees of thepolicyholder (including any member of theirimmediate family who permanently live withthem) with a confidential counselling serviceover the telephone, including whereappropriate, onward referral to relevantvoluntary and/or professional services.

Health and medical informationservices

1890 254 164DAS will give an insured person informationover the phone on health and fitness and non-diagnostic advice on medical matters. Advicecan be given on allergies, the side effects ofdrugs and how to improve general fitness.

Helplines and information services (not forming part of the policy)



Employment manual

The DAS Employment manual offers comprehensive, up to date guidance on rapidly changing employment law.

To view the Employment manual please visit the DAS website at

www.das.ie From the Home Page click on theEmployment manual icon. All the sections ofthis web-based document can be printed offfor your own use.

When asked for your policy number, pleaseinsert your Methodist Insurance policy numberprefixed with MIC and the password iseig15405



Preamble

Methodist Insurance plc (the Company) andthe Insured named in the schedule agreethat

(1) the application or proposal form or anyother information supplied shall beincorporated into the contract

(2) this policy document the schedule(including any replacement schedule)and any endorsement shall togetherform the policy and be considered asone document

(3) the Insured will pay the premium (4) the Company will subject to the terms

and conditions of this policy provideinsurance under the sections specifiedin the schedule during the period ofinsurance or any subsequent period forwhich the Insured shall pay and theCompany shall accept the renewalpremium

(5) this policy shall be governed by andconstrued in accordance with the lawof the Republic of Ireland

Insurance Act 1936

All moneys which become payable by theCompany under the policy shall inaccordance with Section 93 of theInsurance Act 1936 be payable and paid inthe Republic of Ireland

Stamp Duty

The appropriate stamp duty has been or willbe paid to the Revenue Commissioners inaccordance with the Stamp DutiesConsolidation Act 1999, Schedule 1

Commercial Shield Insurance policy



Each time any of the following words orphrases appear in this document in bold italic type (or in capital letters in the schedule) they will take the specificmeaning shown below unless morespecifically defined under each individualpolicy section

Where words or phrases are not highlightedin this manner the normal everyday meaningof the word or phrase will apply

Asbestos means asbestos asbestos fibres or anyderivatives of asbestos including anyproduct containing any asbestos asbestosfibres or any derivatives of asbestos

Business means the business of the Insur ed asstated in the schedule

Company /we /our /us means Methodist Insurance plc

Damage means physical loss destruction or damage

Denial of service attack means any actions or instructionsconstructed or generated with the ability todamage interfere with or otherwise affectthe availability of networks network servicesnetwork connectivity or information systems

This includes but is not limited to thegeneration of excess traffic into networkaddresses the exploitation of system ornetwork weaknesses and the generation of excess or non-genuine traffic betweenand amongst networks

Excess means the first amount of each and everyloss (after applying any adjustment forunderinsurance) up to the amount set out in the schedule to this policy relevant tothat loss

Geographical limits means Republic of Ireland Northern IrelandEngland Scotland Wales the ChannelIslands and the Isle of Man

General definitions

Hacking means unauthorised access to anycomputer or other equipment or componentor system or item which processes storestransmits retrieves or receives data whetheryour property or not

Insured/you/your means the Insured shown in the schedule

Premises means that part of the premises at theaddress(es) shown in the schedule owned or occupied by you in connection with the business

Terrorism means any act including but not limited to the use of force or violence and/or thethreat thereof of any person or group(s) ofpersons whether acting alone or on behalfof or in connection with any organisation(s)or government(s) committed for politicalreligious ideological ethnic or similarpurposes or reasons including the intentionto influence any government and/or to putthe public or any section of the public in fear

Unoccupied means unoccupied or untenanted or not in use

Virus or similar mechanism means program code programminginstruction or any set of instructionsintentionally constructed with the ability to damage interfere with or otherwiseadversely affect computer programs data files or operations whether involvingself-replication or not

This includes but is not limited to trojanhorses worms and logic bombs



This policy does not cover

1 Excess

any excess shown in the schedule

2 Other insurances

property more specifically insured underanother policy

3 Radioactive contamination

(a) damage to any property whatsoever or any loss or expense whatsoeverresulting or arising therefrom or anyconsequential loss

(b) any legal liability of whatsoever naturedirectly or indirectly caused by orcontributed to by or arising from

(i) ionising radiations or contaminationby radioactivity from any nuclearfuel or from any nuclear waste fromthe combustion of nuclear fuel

(ii) the radioactive toxic explosive orother hazardous properties of any explosive nuclear assembly or nuclear component thereof

Exclusion 3 does not apply to the Personal accident section

4 War risks

any contingency liability or damageoccasioned by or happening through warinvasion act of foreign enemy hostilities orwarlike operations (whether war be declaredor not) civil commotion assumingproportions of or amounting to a popularrising civil war military rising mutinyrebellion revolution insurrection military orusurped power or martial law

5 Sonic bangs

damage directly occasioned by pressurewaves caused by aircraft and other aerialdevices travelling at sonic or supersonicspeeds

6 Date recognition

any consequential or other loss costs andexpenses and any legal liability accidentalbodily injury or damage to property directlyor indirectly caused by or contributed to by or consisting of or in any way relating toor connected with the failure or possiblefailure of any computer(a) correctly to recognise any date as

its true calendar date (b) to capture save or retain and/or

correctly to manipulate interpret orprocess any data or information orcommand or instruction as a result of treating any date otherwise than as its true calendar date

(c) to capture save retain or correctlyprocess any data as a result of theoperation of any command which hasbeen programmed into any computerbeing a command which causes theloss of data or the inability to capturesave retain or correctly to process such data on or after any date

but this shall not exclude subsequentdamage or consequential loss not otherwise excluded which itself results from a defined peril

General exclusions



Definitions specific to exclusion 6

Computer means computer or other equipment media or system (or any part of them) forprocessing storing or retrieving data toinclude without limitation any microchipintegrated circuit or similar device or anycomputer software

Defined peril means any of the insured events specifiedin any section(s) of this policy insuringproperty excepting (a) Section 2 Equipment breakdown(b) accidental loss destruction or damage and (c) causes excluded from these insured

events

Exclusion 6 does not apply to the assaultextension of the Money section and thePersonal accident section

7 Terrorism

Any claim directly or indirectly caused byresulting from or in connection withterrorism regardless of any othercontributory cause

This insurance also excludes any claimdirectly or indirectly caused by resultingfrom or in connection with any action takenin controlling preventing suppressing or inany way relating to terrorism

If we allege that by reason of this exclusionany claim is not covered by this policy theburden of proving the contrary shall beupon you



1 Misrepresentation and misdescription

This policy shall be voidable in the event ofa material misrepresentation misdescriptionor non-disclosure

2 Precedents to liability

The due observance and fulfilment of theterms of this policy in so far as they relateto anything to be done or complied with by you shall be conditions precedent to any liability of the Company to make anypayment under this policy

3 Reasonable care

You shall take all reasonable precautions toprevent damage accident illness anddisease and shall exercise reasonable carein seeing that all statutory and otherobligations and regulations are dulyobserved and complied with and shallmaintain the premises and worksmachinery and plant in sound condition

If any defect is discovered by complaint orotherwise you shall take immediate steps to remedy the same and in the meantimeshall cause such temporary precautions tobe taken as the circumstances may require

4 Unoccupied buildings

When a building or part of a building insuredby this policy becomes unoccupied or whenan unoccupied building or part of a buildingis again occupied it is a condition of thispolicy that immediate notice is given to us

Upon any alteration as described above weshall be entitled to cancel the policy orimpose special terms or charge an additionalpremium but in any event from the time ofalteration until we advise you of our decisionthe insurance by the Property damagesection in respect of any unoccupiedbuilding is restricted to Insurable event 1 Firelightning and explosion and Insurable event2 Aircraft

5 Alteration of risk

If after the commencement of the insurancethere is any alteration of the risk (a) whereby the risk of damage accident

or liability is increased (b) whereby the premises are undergoing

major structural alterations or majorrepair (that does not include whereworkmen are allowed on the premisesto carry out minor repairs alterations or general maintenance not involvingexternal scaffolding)

(c) whereby your interest ceases exceptby will or operation of law

(d) whereby an administrator or a liquidatoror receiver is appointed or where youenter into a voluntary arrangement

(e) by any other material change in use of the premises

it is a condition of this policy that immediatenotice is given to us

Upon any alteration as described above weshall be entitled to cancel the policy fromthe date of such alteration or impose specialterms or charge an additional premium

General conditions



6 Warranties

Every warranty to which the property or risk insured or any item thereof is or may bemade subject shall from the time thewarranty attaches apply and continue to be in force during the whole currency ofthis policy and non-compliance with anysuch warranty in so far as it increases therisk of damage shall be a bar to any claimin respect of such damage

7 Multiple insurances

(a) All sections Except Equipment breakdown Liabilities Legal expenses Money with assault extension and Personal accident

If at the time any claim arises under thispolicy there are any other insurances inforce covering the same damage or liabilitywe shall not be liable for more than ourrateable proportion and if such otherinsurance is subject to any condition ofunderinsurance this policy if not alreadysubject to any condition of underinsuranceshall be subject to that condition ofunderinsurance in like manner

(b) Equipment breakdown Liabilities Legal expenses and Money sectionsExcluding the assault extension

If at the time of any claim arising under this policy you are or would but for theexistence of this policy be entitled toindemnity under any other policy or policieswe shall not be liable except in respect ofany additional amount beyond the amountwhich would have been payable under suchother policy or policies had this insurancenot been effected

(c) Personal accident section and the assault extension of the Money section

Irrespective of the number of policies issuedby us which provide cover to an insured person we shall not paypersonal accident benefits under more than one policy for any one occurrence The policy which provides the greatestbenefit shall apply

8 Fraudulent claims

If any claim upon this policy be in anyrespect fraudulent or if fraudulent means ordevices are used by you or anyone actingon your behalf to obtain benefit under thispolicy or if any damage is occasioned byyour wilful act or with your connivance allbenefit under this policy shall be forfeited

9 Arbitration

If any difference shall arise under this policysuch difference shall be referred to anArbitrator to be appointed by the parties inaccordance with the statutory provisions inforce at the time

Where any difference is by this condition tobe referred to arbitration the making of anaward shall be a condition precedent to anyright of action against us

Claims not referred to arbitration within 12calendar months from the date of disclaimerof liability shall be deemed to have beenabandoned



10 Cancellation

In circumstances other than any alterationof risk (see condition 5) we may cancel thepolicy or any section of it by sending sevendays’ notice by recorded delivery to you atyour last known address and shall refund toyou the proportionate premium for theunexpired period of cover

11 Adjustment of premium

If any part of the premium has beencalculated on estimates you shall within 30 days from the expiry of each period ofinsurance furnish to us such information aswe may require and the premium for suchperiod shall be adjusted and the differencepaid by or allowed to you subject to anyminimum premium

12 Long term agreement

Where shown in the schedule that adiscount of premium is allowed inconsideration of you having made anagreement to offer annually certaininsurances under this policy on the terms in force at the expiry of each period of insurance and to pay the premiumannually in advance it is understood that

(a) we shall be under no obligation toaccept an offer made in accordancewith the above-mentioned agreement

(b) the sum insured may be reduced atany time to correspond with anyreduction in value or variation in the business

This agreement shall apply to any policy or policies which may be issued by usin substitution for this policy and the same discount shall be allowed from thecorresponding premium for any substitutedpolicy or policies issued by us

13 Changes to premium

If you make a change in the policy coverand this results in a charge or a refund forthe period up to the renewal date of thepolicy then such charge or refund will onlybe made by us if it exceeds €30



Your duties

On the happening of any incident whichmay give rise to a claim you shall

1 General All sections other than the Legal expenses section

(a) take all practicable steps to recoverproperty lost and otherwise minimisethe claim

(b) inform the Gardaí immediately if thedamage is caused by thievesmalicious persons or vandals or by riotcivil commotion strikes or labourdisturbances

(c) notify us immediately(d) at our request and at our expense do

and concur in doing and permit to bedone all such acts and things as maybe necessary or reasonably required byus for the purpose of enforcing anyrights and remedies or of obtainingrelief or indemnity from other parties towhich we shall be or would becomeentitled or subrogated upon our payingfor or making good any damage underthis policy whether such acts andthings shall be or become necessary orrequired before or after anyindemnification by us

2 Property damage Equipment breakdown and Money sections excluding the Money assault extension

(a) within 30 days or such further time as we may in writing allow deliver to us a written claim providing at yourown expense all details proofs andinformation regarding the cause andamount of the damage as we mayreasonably require together with detailsof any other insurances on anyproperty insured by this policy and (if demanded) a statutory declarationof the truth of the claim and of anyrelated matters No claim under these sections shall be payable unless the terms of thiscondition have been complied with

(b) if we elect or become bound toreinstate or replace any propertyproduce at your own expense and give to us all such plansdocuments and information as we may reasonably require

However we shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonablysufficient manner and shall not in any case be bound to expend in respect of any one of the items insured more than the sum insured

Claims conditions



3 Business interruption section

within 30 days after the expiry of theindemnity period or within such further timeas we may in writing allow at your ownexpense deliver to us a statement settingout particulars of the claim together withdetails of all other insurances covering anypart of the damage or resulting businessinterruption

You shall at your own expense also provideus with such books of account and otherbusiness books vouchers invoices balancesheets and other documents proofsinformation explanations and other evidenceas may reasonably be required by us for the purpose of investigating or verifying such claim together with (ifdemanded) a statutory declaration of thetruth of the claim and of any related matters

No claim under this section shall be payableunless the terms of this condition havebeen complied with and in the event ofnon-compliance any payment on account of the claim already made by us shall be repaid to us

4 Liabilities section

(a) not make nor allow to be made on your behalf any admission offerpromise payment or indemnity withoutour written consent

(b) forward to us every letter claim writsummons and process immediatelyupon receipt without acknowledgementand advise us in writing as soon as youhave any knowledge of any impendingprosecution inquest or fatal injuryinquiry in connection with that event

5 Legal expenses section

as described in the Legal expenses section of the policy

6 Personal accident section and the assault extension of the Money section

(a) at your own expense provide allcertificates information and evidenceas required by and in the formprescribed by us

(b) arrange for the insured person toundergo medical examination by theCompany’s medical practitioner as often as required at our expense



Our rights

1 All sections Except Personal accident the assault extension of the Money section and Legal expenses

(a) We may start take over defend andconduct any legal action in your nameor prosecute in your name for ourbenefit any claim for indemnity ordamages and shall have full discretionin the conduct and settlement of any such action

(b) We may enter any building wheredamage has occurred and takepossession of the building and takeand keep possession of any propertyinsured by this policy but you may not abandon property to us

This policy shall be proof that you havegiven us authority to exercise our rightsunder this condition

2 Liabilities section

We may at any time pay to you the limit of indemnity

(a) in the case of Employers’ liability orProsecution defence cost claims afterdeduction of any sum or sums alreadypaid or incurred

(b) in the case of Public and productsliability claims after deduction of anysum or sums already paid or incurredas damages

or any less amount for which at ourdiscretion any claim or claims can be settledand we will then relinquish control of anysuch claim and be under no further liabilityexcept that in respect of any Public andproducts liability claim (other than any claim originating from within the legaljurisdiction of the United States of Americaor Canada) we will also pay any legal costsincurred prior to the date of such payment

3 Legal expenses section

As described in the Legal expenses section of the policy

4 Personal accident section and the assault extension of the Money section

We shall in the event of death of anyinsured person be entitled to have a postmortem at our expense



1 Protection condition

It is a condition precedent to liability inrespect of damage at or to the premisescaused by theft or attempted theft that alllocks bolts and other protective devices(except intruder alarms) fitted to thepremises be brought into use wheneverthe premises are closed for business andare not attended by you or an authorisedemployee for the purpose of the business

2 Minimum level of security condition applicable only if shown as operative in the schedule

In respect of damage due to or arisingfrom theft or attempted theft at thepremises it is a condition precedent toliability under this policy that

(a) Doors

all external (and internal doors leadingto other parts of the premises not inyour sole occupation) must be securedas follows

(i) Aluminium doorsa cylinder mortise deadlock

(ii) Armoured plate doorsdoor manufacturers’ locks as supplied

(iii) Other single leaf doorsa mortise deadlock conforming toBS3621 or lock of equivalent qualityand a boxed steel striking plate of aminimum 17.5cm in length providedthe door thickness is a minimum of4.5cm

If the door thickness is less than4.5cm secure with a deadlockingrim latch which must be keyed intothe deadlock position or a mortisedeadlock and 2 mortise rack boltswith internal operation only

(iv) Double leaf doorsthe standing (first closing) leafshould be secured with internalsurface mounted key operatedsecurity bolts top and bottom orconcealed flush bolts sited top andbottom

The final closing leaf must besecured with a lock fitted accordingto the instructions of the door asspecified above or both leavesfitted with a coachbolted lockingbar secured with a close shacklepadlock having at least 5 levers

If the coach-bolted locking bar issited internally then an openshackle padlock with a hardenedsteel shackle may be used

(v) UPVC single leaf doorsmust be fitted with a multi-pointlocking system incorporating aminimum of 3 deadbolts

(vi) Fire exit doorsany locking devices on these doorsmust be approved by the fireprevention officer and anyalternative protection agreedfollowing such consultation must beapproved by us

(vii) For all other types of doorswhere it is not possible to fitlocking devices in accordance withthe above criteria security must beagreed with us

Security requirements



3 Intruder alarm conditionapplicable only if shown as operative in the schedule

In respect of damage due to or arisingfrom theft or attempted theft at thepremises it is a condition precedent toliability under this policy that

(a) the intruder alarm system shall bemaintained in full and efficient workingorder under a contract to provide bothcorrective and preventativemaintenance with the installingcompany or such other organisation asagreed with us

(b) no alteration to or substitution of(i) any part of the intruder alarm

system(ii) the procedure agreed with us for

Gardaí or any other response to anyactivation of the intruder alarmsystem

(iii) the maintenance contract be made without our writtenagreement

(c) the alarmed premises shall not beleft without at least one responsibleperson therein without our agreement(i) unless the intruder alarm system

is set in its entirety with the meansof communication used to transmitsignals in full operation

(ii) if the Gardaí have withdrawn theirresponse to alarm calls

(b) Windows

All external basement ground floor andother accessible windows fanlights orskylights (accessible being a windowwhich is readily in reach such as awindow adjacent to a roof especially aflat roof or a fire escape) which wereoriginally constructed to open must besecured with(i) key operated window locks except

in respect of louvered windows which should be replaced with a conventional window of fixed glassor

(ii) solid steel bars not less than 1.9cmdiameter and not more than 12.5cm apart securely fixed to the brickwork or masonry surrounding the window to a depth of not less than 5cm and set back not less than 5cm from the external surfaceof the wall

The bars are to pass through flat horizontal tie bars of at least 6mm thickness and the distance between the tie bars must not exceed 60cm

Wherever the barring does not meet this specification then any alternative must be agreed with us

(c) Keys

All keys must be removed from locksand kept in a secure place



(d) all keys to the intruder alarm systemare removed from the premises whenthey are left unattended

(e) you maintain secrecy of codes for theoperation of the intruder alarmsystem and no details of the same areleft on the premises

(f) you shall appoint at least twokeyholders and lodge written details(which must be kept up to date) withthe alarm company and Gardaí

(g) in the event of notification of anyactivation of the intruder alarmsystem or interruption of the means ofcommunication during any period thatthe intruder alarm system is set akeyholder shall attend the premisesas soon as reasonably possible

(h) in the event of you receiving anynotification(i) that Gardaí attendance in response

to alarm signals/calls from anintruder alarm system may bewithdrawn or the level of responsereduced or delayed

(ii) from a local authority or districtcourt or court of higher jurisdictionimposing any requirement forabatement of a nuisance

(iii) that the intruder alarm systemcannot be returned to ormaintained in full working order

you shall advise us as soon aspossible and in any event not later than10:00am on our next working day andcomply with any subsequentrequirements stipulated by us

Definitions specific to condition 3

Intruder alarm systemmeans the component parts including themeans of communication used to transmitsignals

Alarmed premisesmeans the premises or those portions ofthe premises protected by the intruderalarm system

Responsible personmeans you or any person authorised by you to be responsible for the security of thepremises

Keyholdermeans you or any person or keyholdingcompany authorised by you who is availableat all times to accept notification of faults oralarm signals relating to the intruder alarmsystem and attend and allow access to thepremises



1 Designation

For the purpose of determining wherenecessary the heading under which anyproperty is insured we agree to accept thedesignation under which such property hasbeen entered in your books

General memorandum



The schedule will show if thissection applies and the cover in force

Definitions

Each time any of the following words orphrases appear in this section in bold italictype (or in capital letters in the schedule)they will take the specific meaning shown below


Buildings means the buildings of the premisesincluding landlord’s fixtures and fittingsoutbuildings walls gates and fences pipingducting cables wires and associated controlgear and accessories on the premisesand extending to the public mains but only to the extent of your responsibility fixedaerials and satellite dishes yards car parksroads and pavements storage tanksswimming pools and associated apparatus

Unless stated otherwise buildings are brickstone or concrete built and roofed withslates tiles concrete metal asphalt or sheetsor slabs composed of incombustible mineralingredients and exclude land piers jettiesbridges culverts and excavations

Computer equipment means computer equipment including PCsprinters scanners and other ancillaryequipment

Contents means business equipment plant machineryfurniture fixtures and fittings and all othercontents all belonging to you or for whichyou are responsible and contained in the buildings and elsewhere as stated inthis policy and the schedule including

(1) The cost of materials labour andcomputer time in reproducing (a) documents manuscripts and

business books (b) patterns models moulds plans

and designs (c) computer systems records for

an amount not exceeding 5% ofthe sum insured by the item on Contents

but not any cost in connection with producing information to berecorded or for the value to you of the information contained therein

(2) prints paintings drawings pieces oftapestry sculptures or other works ofart Limit 10% of the sum insured forContents (single article limit €7,500)

(3) the personal belongings of directorsand employees whilst contained in thepremises for an amount not exceeding€750 per person Personal money is also insured up to€150 per personFor this purpose ‘personal belongings’means personal articles worn used orcarried about the person excludingbankers’ cards credit and debit cardsand any belongings otherwise insured

(4) contents not owned by you but held in trust by you or on commissionsituated in the buildings for anamount not exceeding €1,500 inrespect of any one article

1 Property damage



Contents excludes(i) stock(ii) computer equipment(iii) landlord’s fixtures and fittings(iv) cash or money instruments of any

description whether negotiable or non-negotiable (other than personal moneypreviously mentioned)

(v) vehicles licensed for road use(including accessories thereon)caravans trailers railway locomotivesrolling stock watercraft or aircraft

(vi) any living creatures trees shrubs plantsor other vegetation

(vii) explosives(viii) any other property more specifically

insured

Insured event(s) means any insurable event (from 1 Firelightning and explosion to 17 Glass andsanitary fixtures) set out as included in theschedule to this policy

Item(s) insured means the items insured as set out in theProperty damage section of the schedule to this policy

Stock means(a) stock and materials in trade and work in

progress your property or held by you intrust or on commission for which youare responsible in the buildings andelsewhere as stated in this policy andthe schedule

(b) drugs vaccines medicines and samples(up to the limit shown in the schedule)

(c) tobacco cigarettes cigars wines andspirits (up to the limit shown in theschedule)

Tenant’s improvements means improvements and decorations atthe premises which are your property or for which you are responsible

Cover

We will indemnify you (by payment up tothe value of the items insured at the time of the damage or at our option by repairreinstatement or replacement) in respect of damage to the items insured by anyinsured event happening during the periodof insurance

Provided that our liability in any one periodof insurance shall not exceed the suminsured for each item nor in all the total suminsured

Insurable events

1 Fire, lightning and explosion

Fire

Fire (whether resulting from explosion or otherwise) not occasioned by orhappening through (a) the property’s own spontaneous

fermentation or heating or itsundergoing any process involving the application of heat

(b) earthquake subterranean fire riot civil commotion

Lightning

Explosion

Explosion excluding (a) damage in respect of and originating

in any vessel machinery or apparatusor its contents belonging to you orunder your control which is required to be examined to comply with anyStatutory Regulations unless suchvessel machinery or apparatus shall be the subject of a policy or othercontract providing the requiredinspection service



(b) damage by fire resulting fromexplosion

(c) damage consisting of the bursting of a boiler economiser or other vesselmachine or apparatus in which internalpressure is due to steam only andbelonging to you or under your control

2 Aircraft

Aircraft and other aerial devices or articlesdropped from them

3 Riot

Riot civil commotion strikers locked-outworkers or persons taking part in labourdisturbances excluding (a) damage occasioned by or happening

through confiscation or destruction orrequisition by order of the governmentor any public authority

(b) damage resulting from cessation of work

(c) damage occurring in Northern Ireland

4 Malicious persons

Malicious persons not acting on behalf of or in connection with any politicalorganisation excluding (a) damage occasioned by or happening

through confiscation or destruction or requisition by order of thegovernment or any public authority

(b) damage resulting from cessation of work

(c) damage occurring in Northern Ireland (d) damage by theft or attempted theft

or by risks described in Insurableevent 1 Fire lightning and explosion

(e) damage to fences or gates or tomoveable property in the open

5 Earthquake

6 Subterranean fire

7 Storm

Storm excluding (a) damage by

(i) the escape of water from thenormal confines of any natural or artificial water course or lakereservoir canal or dam

(ii) inundation from the sea whether resulting from storm or otherwise

(b) damage attributable solely to changein the water table level

(c) damage by frost subsidence or landslip (d) damage to fences gates and moveable

property in the open

8 Flood

Flood caused by (a) the escape of water from the normal

confines of any natural or artificialwater course (other than water tanksapparatus or pipes) or lake reservoircanal or dam

(b) inundation from the sea but excluding(i) damage attributable solely to change

in the water table level (ii) damage by frost subsidence or landslip (iii) damage to fences gates and

moveable property in the open

9 Escape of water

Escape of water from any tank apparatus orpipe including damage to any water tankapparatus or pipe itself caused by freezingof water excluding damage by waterdischarged or leaking from an installation of automatic sprinklers

10 Impact

Impact with the property insured by anyroad or rail vehicle or animal



11 Falling trees

Falling trees other than as a result of felling lopping or topping

12 Falling aerials

Breakage or collapse of television and radioreceiving aerials aerial fittings and mastssatellite dishes and security equipment

13 Escape of oil

Escape of oil from any fixed oil-fired heatinginstallation or storage tank includingresultant loss of oil

14 Accidental damage

Any other accidental damage excluding (a) damage which is specifically

included or excluded elsewhere under this section

(b) damage to the property insuredcaused by or consisting of inherent vicelatent defect gradual deterioration wear and tear its own faulty or defectivedesign or materials faulty or defectiveworkmanship but this shall not exclude subsequent damage whichitself results from a cause nototherwise excluded

(c) damage caused by or consisting ofcorrosion rust wet or dry rot shrinkageevaporation loss of weight dampnessdryness marring scratching vermininsects change in temperature colourflavour texture or finish

(d) damage consisting of (i) joint leakage failure of welds or

cracking fracturing collapse oroverheating of boilers economiserssuperheaters pressure vessels orany range of steam and feed pipingin connection therewith

(ii) mechanical or electrical breakdownor derangement in respect of theparticular machine apparatus orequipment in which such breakdownor derangement originates

(e) damage caused by or consisting of (i) acts of fraud or dishonesty (ii) disappearance unexplained or

inventory shortage misfiling ormisplacing of information

(f) damage caused by or consisting oferasure loss distortion or corruption ofinformation on computer systems orother records programs or software

(g) damage(i) to a building or structure caused

by its own collapse or cracking (ii) in respect of moveable property in

the open fences and gates by wind rain hail sleet snow or dust

(iii) to property resulting from itsundergoing any process of cleaning dyeing restorationproduction packing treatmenttesting commissioning servicing or repair

15 Subsidence

Subsidence heave or landslip of the site on which the premises standexcluding damage(a) attributable solely to change in the

water table level (b) to boundary walls gates fences piping

ducting cables wires and associatedcontrol gear and accessories yards carparks roads and pavements storagetanks and swimming pools unless also resulting in damage to a buildinginsured under this policy

(c) caused by or consisting of (i) the normal settlement or bedding-

down of new structures (ii) the settlement or movement of

made-up ground (iii) coastal or river erosion

(d) caused by defective design orworkmanship or the use of defectivematerials

(e) caused by fire subterranean fireexplosion earthquake or the escape ofwater from any tank apparatus or pipe

(f) which originated prior to the inceptionof cover



(g) resulting from (i) demolition construction structural

alteration or repair of any property (ii) groundworks or excavation at the same premises

Special condition applicable to insurable event 15

You shall notify us immediately you becomeaware of any demolition groundworksexcavation or construction being carried out on any adjoining site

We shall then have the right to vary theseterms or cancel this cover

16 Theft or attempted theft

Theft or attempted theft (a) involving entry to or exit from the

buildings of the premises by forcibleand violent means

(b) following actual or threatened assaultor violence

excluding damage to the buildings as aresult of theft or attempted theft

17 Glass and sanitary fixtures

Accidental breakage of any part of theexterior and interior glass sanitary fixturesor signs including the reasonable cost of

(a) repairs to framework followingbreakage of the insured glass

(b) necessary boarding-up pendingreplacement of the insured glass

(c) in the case of multiple glazing theadditional cost of re-creating vacuums or the purchase andinstallation of new sealed units

(d) replacing any lettering painting oralarm foil on such glass

but excluding (i) damage to glass sanitary fixtures or

signs already damaged at thecommencement of the insurance

(ii) damage to any glass which istoughened armoured wired bentembossed stained ornamental orleaded unless shown as insured

in the schedule (iii) disfiguration or damage to glass not

extending through the entire thicknessof the glass

(iv) breakage of glass while not fixed (v) breakage occasioned by or traceable

to alterations to the premises or in the glass whereby the risk of breakageis increased

(vi) breakage of bulbs or tubes unless the signs in which they are containedare damaged at the same time

(vii) damage which is specifically mentionedelsewhere under this section



Extensions

The insurance by this section is extended to include the following

1 Non-invalidation

The cover by this section shall not beinvalidated by any act or omission or anyalteration whereby the risk of damage isincreased unknown to you or beyond yourcontrol provided that you immediately onbecoming aware of this give notice to usand pay an additional premium if required

2 Reinstatement of sum insured not applicable to any limits in the extensions to this section

In consideration of your agreement to pay such additional premium as may berequired we will automatically reinstate the sum insured in full after damagehas occurred

Provided that (a) we have not given you notice within

30 days of you reporting the damageto us that we will not reinstate the sum insured

(b) in respect of damage by theft orattempted theft reinstatement will only apply subject to you completingany improvements to the securityprecautions at the premises that we may require and in any eventreinstatement following theft orattempted theft will apply only onceduring each period of insurance

3 Fees

If the buildings are insured architects’surveyors’ consulting engineers’ and legalfees necessarily and reasonably incurred in the reinstatement of the property insuredconsequent upon its damage by aninsured event but not for preparing anyclaim it being understood that the amountpayable for such damage and fees shallnot exceed in the aggregate the suminsured by each item

4 Removal of debris

Costs and expenses necessarily incurred by you with our consent in (a) removing debris (b) dismantling and/or demolishing (c) shoring up or propping of the portion or portions of the propertyinsured by the said items destroyed ordamaged by any insured event it beingunderstood that the amount payable forsuch damage and costs incurred under (a) (b) and (c) shall not exceed in theaggregate the sum insured by each item

We will also pay the costs and expensesnecessarily incurred by you with ourconsent in removing fallen trees within the grounds of the premises

Provided that (1) the trees have fallen as a result of

an insured event and (2) the buildings of the premises are

damaged by the same insured eventoccurring at the same time and a claim for this damage has beenadmitted by us

We will not pay for any costs or expenses (i) incurred in removing debris except

from the site of such propertydestroyed or damaged and the areaimmediately adjacent to such site

(ii) arising from pollution or contaminationof property not insured by this policy



5 Landscaping Costs

Landscaping costs incurred to make gooddamage to lawns trees plants and shrubsat the premises resulting from damage byInsurable events 1 Fire lightning andexplosion 3 Riot 4 Malicious persons 7Storm 8 Flood 10 Impact or 16 Theft orattempted theft provided that the buildingsof the premises are damaged at the sametime and a claim for this damage has beenadmitted by us or resulting from impact byany vehicle or aircraft or by straying cattleor horses

Limit €10,000 any one claim

6 European Union and Public Authorities

If the buildings are insured such additionalcost of reinstatement of the destroyed or damaged property as may be incurredsolely by reason of the necessity to complywith the stipulations of (1) European Union legislation or (2) Local Authority building regulations or

other statutory requirement (hereinafterreferred to as ‘the Stipulations’)

Excluding(a) the cost incurred in complying with

the Stipulations (i) in respect of damage occurring prior

to the granting of this extension (ii) in respect of damage not insured

by this policy (iii) under which notice has been

served upon you prior to thehappening of the damage

(iv) for which there is an existingrequirement which has to beimplemented within a given period

(v) in respect of undamaged propertyor undamaged portions of propertyother than foundations (unlessspecifically excluded) of thatportion of the property lostdestroyed or damaged

(b) the additional cost that would havebeen required to make good theproperty lost destroyed or damaged to a condition equal to its conditionwhen new had the necessity to comply with the Stipulations not arisen

(c) the amount of any charge orassessment arising out of capitalappreciation which may be payable in respect of the property or by theowner of the property by reason of compliance with the Stipulations

Special conditions applicable to extension 6

1 The work of reinstatement must becommenced and carried out withoutunreasonable delay and in any casemust be completed within twelvemonths after the damage or withinsuch further time as we may allow(during the said twelve months) andmay be carried out upon another site(if the Stipulations so necessitate)subject to our liability under thisextension not being thereby increased

2 If our liability under the policy apartfrom this extension shall be reduced by the application of any of the termsand conditions of the policy then ourliability under this extension (in respectof any such item) shall be reduced inlike proportion



3 The total amount recoverable under any item of the policy under this extension shall not exceed (a) 15% of its sum insured (b) where the sum insured by the

item applies to property at morethan one premises 15% of the total amount for which we wouldhave been liable had the propertyinsured by the item at the premiseswhere damage has occurred beenwholly destroyed

4 The total amount recoverable underany item of the policy shall not exceedits sum insured

5 All the terms of this policy except in so far as they may be expressly varied shall apply as if they had beenincorporated herein

7 Capital additions

Under the Buildings and Contents items (a) alterations and additions to the

property insured but not in respect of any appreciation in value

(b) newly acquired property so far as it is not otherwise insured anywhere inthe geographical limits

Provided that (1) at any one situation this cover shall not

exceed 10% of the total sum insured onsuch property or €375,000 in respect ofboth buildings and contents whicheveris the less

(2) you undertake to give details of such extension of cover as soon aspracticable and to effect specificinsurance thereon and pay suchadditional premium as may be required from inception of the cover

8 Spontaneous heating

damage to coal coke or wood blocks by its own spontaneous fermentationheating or combustion

9 Emergency services

(a) Damage caused by the emergencyservices to the grounds of thepremises for which you areresponsible

(b) Charges levied against you by anylocal authority in respect of attendanceby the fire brigade for the purpose ofminimising a loss following damageby Insurable event 1 Fire lightning orexplosion at the premises


10 Metered water

The additional metered water chargesincurred by you arising from escape of water following damage to the water or heating systems located in or serving the premises provided we have accepted a claim for such damage to the systemunder this policy

Limit€7,500 any one period of insurance

11 Sale of the building

If the buildings are insured the interest of the purchaser in the insurance by thissection for the period from the written offerand acceptance or exchange of contractsuntil completion of the sale is noted

Provided that (a) the buildings are not insured

elsewhere for the benefit of thepurchaser

(b) the purchaser complies with and isbound by the terms of the policy



12 Temporary removal

(a) Contents and computer equipmentwhile temporarily removed for cleaningrenovation repair or other similarpurpose to any other premises and intransit between such locations in thegeographical limits

(b) Contents and computer equipmentanywhere in the geographical limitswhilst such items are in your custodyor the custody of your employee or atthe home of any such person butexcluding items removed for thepurposes stated in (a) above

(c) (i) Deeds and other documents manuscripts plans writings of every description and books

(ii) Computer systems recordsWhilst temporarily removed to a premises in the geographical limitswhich is not in your occupancy and whilst in transit to and from such location

Limits applying to Extension 12 (a) (b) & (c)- €1,000 in respect of any one item - 20% of the sum insured by the relevant

item or €10,000 whichever is the less in respect of any one period of insurance

For the purposes of this extension insurableevent 16 Theft or attempted theft onlyapplies whilst contents are in any premises

13 Damage to the buildings by theft only applicable if insurable event 16 Theft or attempted theft is operative

The insurance extends to include(a) If buildings are insured repairs to the

buildings following theft of the fabricof the buildings excluding externalmetal up to €7,500 in any one periodof insurance

(b) If buildings are insured repairs to thebuildings following theft of externalmetal up to €7,500 in any one periodof insurance

(c) If contents are insured damage to thebuildings caused by theft orattempted theft of contents orcomputer equipment or personaleffects for an amount not exceeding€25,000 in any one period ofinsurance

(d) Damage to property insured directlycaused as a result of the entry ofrainwater following the theft of thefabric of the buildings includingexternal metal up to €7,500 in any oneperiod of insurance

This extension does not apply whenscaffolding is erected at the premisesunless we have agreed in writing tocontinue cover

14 Theft of keys only applicable if insurable event 16 Theft or attempted theft is operative

If contents are insured the reasonable costs necessarily incurred in gaining accessto the premises and/or replacing locks atthe premises including locks of safes orstrongrooms in the premises following theloss of keys by theft

Limit €3,750 any one period of insurance



(a) Food up to €3,750 for the contents ofany one unit and €15,000 in total inany one period of insurance

(b) Drugs vaccines medicines and samples up to €1,500 any one claim

The insurance by this extension includesthe necessary and reasonable cost of hiringtemporary alternative freezing space ifincurred

Excluding (a) damage caused by the deliberate

act of any electricity or gas supplyauthority in withholding or restrictingsupply

(b) damage arising from the breakdown or malfunction of any unit which is over 15 years old unless therefrigeration unit is the subject of a current manufacturers guarantee or an annual maintenance contract (this exclusion does not apply toequipment incorporating a hermeticallysealed refrigeration unit)

(c) damage caused by your wilful act or neglect

18 Trace and access

The costs and expenses necessarily andreasonably incurred by you with ourconsent in locating the source of leakage ofoil or water at the premises andsubsequent repair of damage caused bylocating the source

Limit€25,000 any one claim

19 Underground pipes and cables

Accidental damage to underground pipesand cables where the buildings are insuredby this section or where you are liable forrepairs as tenant

20 Clearing of drains

The reasonable costs incurred by you forclearing or repairing drains gutters sewers

15 Property in the open

If the contents are insured damage to thefollowing property by the insured events(a) floodlighting external lighting security

equipment signs and nameplates fixedto the buildings or in the grounds of thepremisesLimit€7,500 any one claim

(b) fixtures in the grounds (other than as provided in (a) above)Limit €7,500 any one period of insurance

(c) groundsmen’s equipment while in the open grounds provided that anymechanically or electrically drivenequipment is immobilised when not in use Limit €7,500 any one period of insurance

For the purposes of this extension(i) Insurable event 16 Theft or attempted

theft includes theft or attempted theftnot involving forcible and violent entry

(ii) the exclusion under Insurable events 4Malicious persons 7 Storm and 8Flood relating to moveable property inthe open does not apply togroundsmen’s equipment

16 Hired-in property

Damage by an insured event to contentsand computer equipment hired-in or ontemporary loan for the purposes of thebusiness and for which you are responsible

Limit10% of the relevant sum insured forcontents or computer equipment any oneperiod of insurance

17 Freezer contents

The contents of chill or deep freeze units asa result of failure of the unit failure of theelectricity or gas supply or contaminationfrom refrigerant or refrigerant fumes up tothe limits shown below



dryness marring scratching vermininsects changes in temperature colourflavour texture or finish

(c) damage caused by or consisting oferasure loss distortion or corruption ofinformation on computer systems orother records programs or software

(d) damage to property resulting from itsundergoing any process of cleaningdyeing restoration production packingtreatment testing commissioningservicing or repair

(e) damage by theft or attempted theftfrom any unattended vehicle unless(i) the vehicle is locked at all points of

access(ii) there are visible signs of forcible

and violent entry to the vehicle(iii) the property (unless permanently

fixed in position) is out of sight in alocked compartment or locked boot within the vehicle

Memoranda

1 Reinstatement basis of settlement in the event of a claim applicable unless stated otherwise in the schedule

Subject to the following special conditionsthe basis upon which the amount payable in respect of (1) contents but excluding bed linen

personal belongings and stock(2) buildingsis to be calculated shall be the reinstatementof the property lost destroyed or damaged

For this purpose ‘reinstatement’ means(a) the rebuilding or replacement of

property lost or destroyed whichprovided our liability is not increasedmay be carried out (i) in any manner suitable to your

requirements (ii) upon another site

and the like for which you are responsibleincurred as a direct result of damagecaused by an insured event

Limit€75,000 any one claim

21 Extinguisher and alarm re-setting expenses

The reasonable costs incurred by youin refilling fire extinguishing appliancesreplacing sprinkler heads and resetting fire or intruder alarm systems solely inconsequence of their activation following an insured event

22 Discharge of oil

Costs and expenses necessarily incurred byyou with our consent to decontaminate thegrounds of the premises followingaccidental discharge of oil from any oil firedheating appliance or storage tank


23 ‘All Risks’ away from the premises applicable only as stated in the schedule

The insurance by any item to which thisextension applies is for accidental damageto the items insured situated at thepremises or anywhere in the area covered(as shown on the schedule) by any causeother than(a) damage to the item insured caused

by or consisting of inherent vice latentdefect gradual deterioration wear andtear its own faulty or defective designor materials faulty or defectiveworkmanship but this shall not excludesubsequent damage which itselfresults from a cause not otherwiseexcluded

(b) damage caused by or consisting ofcorrosion rust wet or dry rot shrinkageevaporation loss of weight dampness



(b) the repair or restoration of property damaged

in the case of (a) or (b) to a conditionequivalent to or substantially the same asbut not better or more extensive than itscondition when new

Special conditions applicable to memorandum 1

1 If at the time of reinstatement the sumrepresenting 85% of the cost whichwould have been incurred in reinstatingthe whole of the property covered byany item subject to this memorandumexceeds its sum insured at the time ofcommencement of any damage ourliability shall not exceed that proportionof the amount of the damage whichthe said sum insured adjusted forindex-linking shall bear to the sumrepresenting the total cost ofreinstating the whole of such property at that time

2 Our liability for the repair or restorationof property damaged in part only shallnot exceed the amount which wouldhave been payable had such propertybeen wholly destroyed

3 No payment beyond the amount which would have been payable in the absence of this memorandumshall be made(a) unless reinstatement

commences and proceeds without unreasonable delay

(b) until the cost of reinstatement shall have been actually incurred

(c) if the property insured at the timeof its damage shall be insured by any other insurance effected by you or on your behalf which is not upon the same basis of reinstatement

4 All the terms and conditions of thepolicy shall apply (a) in respect of any claim payable

under this memorandum except inso far as they are varied hereby

(b) where claims are payable as if thismemorandum had not beenincorporated

2 Day One Basis – non-adjustable

This applies if a Day One figure is shownagainst an item in the schedule

1 You have agreed the declared valueincorporated in each item to which this extension applies and the premiumhas been calculated accordingly ‘declared value’ means your assessmentof the cost of reinstatement of theproperty insured (as defined in theReinstatement memorandum) at thelevel of costs applying at the inceptionof the period of insurance (ignoringinflationary factors which may operatesubsequently) together with in so far as the insurance by the item providesdue allowance for (a) the additional cost of reinstatement

to comply with European Unionand Public Authority requirements

(b) professional fees (c) debris removal costs

2 At the inception of each period ofinsurance you shall notify us of thedeclared value of the property insuredby each of the said item(s)

In the absence of such declaration the last amount declared by you(adjusted to reflect index-linking) shall be taken as the declared valuefor the ensuing period of insurance



3 Index-linking

The sum insured and where applicable the declared value of each item insured(but not extension limits) under this sectionwill be adjusted in accordance with suitableindices selected by us

The annual renewal premium will beamended accordingly

4 Underinsurance

Unless otherwise shown in the schedule or elsewhere in this policy the sum insuredby each item insured is subject to thefollowing condition of underinsurance

If the property insured by any item of thissection shall at the commencement of anydamage to such property be collectively of greater value than such sum insured as adjusted for index-linking you will beconsidered as being your own insurer forthe difference and shall bear a rateableproportion of the loss accordingly

5 Other interests

The interest in the insurance by this sectionof the various mortgagees lessors andfreeholders of the property is noted

6 Mortgagees

The interest of the mortgagee(s) in thisinsurance shall not be prejudiced by anyacts or neglect of the mortgagor(s) oroccupier of any building hereby insuredwhereby the danger of damage isincreased without authority or knowledge ofthe mortgagee(s) and provided that themortgagee(s) shall immediately onbecoming aware thereof give notice inwriting to us and on demand pay suchadditional premium as we may require

3 In respect of each item to which thisextension applies the followingwordings replace Special conditions 1and 4 of the Reinstatementmemorandum

(1) Each item insured under thismemorandum is declared to beseparately subject to the followingcondition of underinsurance namely If at the time of damage thedeclared value of the propertycovered by such item be less thanthe cost of reinstatement (asdefined in paragraph 1 of the DayOne memorandum) at the inceptionof the period of insurance then our liability shall be limited to thatproportion thereof which thedeclared value bears to such costof reinstatement

(4) Where by reason of any of theabove Special conditions nopayment is to be made beyond the amount which would have been payable under the policy ifthis memorandum had not beenincorporated the rights andliabilities of the Company and theInsured in respect of the damage

shall be subject to the terms of the policy including any condition of underinsurance as if thismemorandum had not beenincorporated except that the sums insured shall be increased in proportion with the additionalamount charged in respect of this memorandum



Exclusions

We shall not be liable in respect of (1) damage caused by pollution or

contamination but this shall notexclude damage to the propertyinsured not otherwise excluded caused by (a) pollution or contamination which

itself results from any of theinsured events other thanInsurable event 14 Accidentaldamage

(b) any of the insured events otherthan Insurable event 14 Accidentaldamage which itself results frompollution or contamination

(2) consequential loss of any kind (3) damage to any computer or other

equipment or component or system oritem which processes stores transmitsretrieves or receives data or any partthereof whether tangible or intangible(including but without limitation anyinformation or programs or software)and whether your property or notwhere such damage is caused byvirus or similar mechanism orhacking or denial of service attack

(4) damage to any electrical plant orapparatus caused by self-ignition butthis exclusion shall apply only to thatpart of the electrical plant or apparatusin which self-ignition occurs




Definitions



Accident(s) means(a) electrical or mechanical breakdown

including rupture or bursting caused by centrifugal force

(b) artificially generated electrical currentincluding electric arcing that disturbselectrical devices appliances or wires

(c) explosion or collapse of steam boilerssteam pipes steam engines or steamturbines owned or leased by you oroperated under your control

(d) damage to steam boilers steam pipessteam engines or steam turbinescaused by or resulting from anycondition or event (not otherwiseexcluded) inside such boilers orequipment

(e) damage to hot water boilers or otherwater heating equipment caused by or resulting from any condition or event (not otherwise excluded) insidesuch equipment

Additional expensesmeans expenses incurred to clean up or dispose of the covered equipmentresulting from contamination by ahazardous substance

Breakdownmeans (a) the actual breaking failure distortion or

burning out of any part of the coveredequipment whilst in ordinary usearising from defects in the coveredequipment causing its suddenstoppage and necessitating repair orreplacement before it can resume work

(b) fracturing of any part of the coveredequipment by frost when suchfracture renders the coveredequipment inoperative

(c) the actual and complete severance ofa rope but not breakage or abrasion ofwires or strands even thoughreplacement may be necessary

Collapsemeans the sudden and dangerous distortion (whether or not attended byrupture) of any part of the coveredequipment caused by crushing stress byforce of internal steam or other fluidpressure (other than pressure of chemicalaction or ignited flue gases or ignition of thecontents)

Computer equipmentmeans equipment that is electroniccomputer or other data processingequipment including media software andperipherals used in conjunction with suchequipment belonging to you or for whichyou are responsible

Covered equipmentmeans equipment owned by you or forwhich you are responsible built to operateunder vacuum or pressure (other thanweight of contents) or used for thegeneration transmission or utilisation ofenergy including but not limited to(a) heating systems and hot water heaters(b) air circulation ventilation air

conditioning and non-processrefrigeration systems

(c) electrical panels emergency generatorsand electrical distribution systems

(d) security alarm systems

2 Equipment breakdown



(e) lifts and escalators(f) office equipment including

telephone systems fax machinescopiers and printers

(g) retail equipment bar-code scannerscredit and debit card payment systemsand cash registers

(h) forklift trucks at the premises(i) computer equipment

Excluding(i) any structure foundation masonry

brickwork cabinet compartment or air supported structure or building

(ii) any insulating or refractory material(iii) any sewer piping underground

vessels or piping or piping forming a part of a sprinkler system

(iv) any water piping other than boilerfeedwater piping boiler condensatereturn piping or water piping forming a part of a refrigerating or air conditioning system

(v) any vehicle or mobile lifting equipment(other than forklift trucks at thepremises) or aircraft or floating vesselincluding any equipment mounted on such vehicle or mobile liftingequipment or aircraft or floating vessel

(vi) any dragline excavation or construction plant or equipment

(vii) any tool die cutting edge crushingsurface trailing cable non-metalliclining driving belt or band or any other part requiring periodic renewal

(viii) any equipment manufactured by you for sale

(ix) kitchen and food preparationequipment laundry and cleaningequipment audio-visual equipment and computer equipment whilst in a private dwelling or private dwelling quarters

Explosionmeans the sudden and violent rending ofthe covered equipment by force of internalsteam or other fluid pressure (other thanpressure of chemical action or ignited fluegases or ignition of the contents) causingbodily displacement of any part of thecovered equipment together with forcibleejection of the contents

Hazardous substancemeans any substance other than ammoniathat has been declared to be hazardous tohealth by a governmental agency

Mediameans all forms of electronic magnetic and optical tapes and discs for use in any electronic computer or electronic dataprocessing equipment

Cover

We will indemnify you (by payment up to the value of covered equipment at the time of the damage or at our option byrepair reinstatement or replacement) inrespect of damage to covered equipmentat the premises by any accident happeningduring the period of insurance

Our liability in any one period of insuranceshall not exceed the sum insured under the appropriate section of material damageinsurance provided by this policy for eachitem of covered equipment nor in all thetotal sum insured subject to the maximumliability below



Maximum liabilityThe total amount we will pay in respect ofthis section shall not exceed €7,500,000 in any one period of insurance subject to a limit of €375,000 any one period ofinsurance for computer equipment

If an initial accident causes other accidentsall will be considered one accident

All accidents that are the result of the sameevent will be considered one accident

Extensions


These extensions do not increase the limitsor sums insured that apply

1 Computer equipment

Damage caused by or resulting from anaccident to computer equipment occurringwhilst anywhere in the European Union butonly whilst in the custody or control of you oryour employee


2 Reinstatement of Data

We will pay the costs you incur inreinstating data that is lost or damaged as a consequence of an accident tocomputer equipment

Providing that(a) our liability is limited solely to the

cost of reinstating data to media(b) we shall not be liable for any

losses discovered later than 180 days after the loss was initiated

(c) we shall not be liable for loss or damage to software

(d) we shall not be liable under thisextension for costs more specificallydescribed under extension 3 Increased Cost of Working

(e) you comply with the Back-up recordsSpecial condition

Special condition - Back-uprecords

You shall maintain a minimum of 2generations of verified back-up computerrecords taken at intervals no less frequentlythan 48 hours one copy as a minimumbeing held off site and take all reasonableprecautions to store and maintain records in accordance with the makersrecommendations


3 Increased Cost of Working

We will pay costs necessarily andreasonably incurred by you for the sole purpose of avoiding or diminishinginterruption or interference to yourcomputer operations as a consequence of an accident to computer equipment


4 Business interruption

If the Business interruption section of thispolicy is operative we will pay to you inrespect of each item in the Businessinterruption schedule the loss occurringduring the indemnity period (as defined inthe Business interruption section) followingan accident to covered equipment thatresults in the business being interrupted orinterfered with

Our liability shall not exceed the suminsured for each item nor in all the total suminsured and in any event our maximumliability shall not exceed €45,000 any oneperiod of insurance

5 Hazardous substances

Damage to covered equipment at thepremises caused by contamination by a hazardous substance including anyadditional expenses incurred and if theBusiness interruption section of this policy is operative loss occurring during



the indemnity period (as defined in the Business interruption section) inconsequence of the business carried on by you at the premises being interrupted or interfered with


6 Expediting expenses

Reasonable costs necessarily incurred by you to make temporary repairs andexpedite permanent repairs or permanentreplacement of damaged coveredequipment


7 European Union and Public Authorities

If in force the European Union and Public Authorities extension of the Propertydamage section of this policy applies tocovered equipment damaged as a resultof an accident


8 Loss avoidance measures

Reasonable costs necessarily incurred byyou to take exceptional measures to preventor mitigate impending damage to coveredequipment as a result of an accident

Provided that(a) damage would reasonably be

expected if such measures were not implemented

(b) we are satisfied that damage hasbeen avoided or mitigated by means of the exceptional measures

(c) the amount payable will be limited tothe cost of damage which would haveotherwise occurred

(d) the terms conditions and exclusions of this section and the policy apply asif damage had occurred

(e) if damage had occurred it would have

resulted in a claim that would havebeen accepted by us under thissection of the policy


Memorandum

Reinstatement basis of settlementin the event of a claimApplicable unless stated otherwise in the schedule

Subject to the following special conditionsthe basis upon which the amount payable in respect of covered equipment is to becalculated shall be the reinstatement of thecovered equipment that is the subject of an accident

For this purpose ‘reinstatement’ means(a) the replacement of covered

equipment that is the subject of anaccident which provided our liability is not increased may be carried out(i) in any manner suitable to

your requirements(ii) upon another site

(b) the repair or restoration of coveredequipment that is the subject of anaccident

in the case of (a) or (b) to a conditionequivalent to or substantially the same asbut not better or more extensive than itscondition when new

Special conditions applicable tothis memorandum

1 Our liability for the repair or restorationof covered equipment that is thesubject of an accident shall notexceed the amount payable forreplacement of the coveredequipment

2 No payment beyond the amount whichwould have been payable in theabsence of this memorandum shall be made



(3) extension 4 Business interruption anydelay in resuming operations resultingfrom the need to reconstruct or re-input data or programs on medianor for the costs incurred in so doing

(4) any liquidated damages penalties fordelay or detention or in connection withguarantees of performance orefficiency of covered equipment

(5) damage resulting from maliciouspersons riot civil commotion strikerslocked-out workers or persons takingpart in labour disturbances occurring inNorthern Ireland

(6) any damage or loss directly orindirectly caused or in consequence ofthe act or order of any lawfullyconstituted authority

(7) damage to any computer equipmentor other equipment or component orsystem or item which processes storestransmits retrieves or receives data orany part thereof whether tangible orintangible (including but withoutlimitation any information programssoftware or media) and whether yourproperty or not where such damage iscaused by virus or similarmechanism or hacking or denial ofservice attack

(8) damage caused by or consisting oferasure loss distortion or corruption ofinformation on computer systems orother records programs or software

(9) damage cost or expense that is or canbe insured elsewhere in this policy

(10) damage caused by or resulting fromthe deliberate act of any person carried out with the intention to causedamage

(11) damage to livestock plants orperishable stock

(a) unless reinstatement commences and proceeds without unreasonable delay

(b) until the cost of reinstatement shall have been actually incurred

3 All the terms and conditions of thepolicy shall apply(a) in respect of any claim payable

under this memorandum except in so far as they are varied hereby

(b) where claims are payable as if this memorandum had not beenincorporated

Exclusions

We shall not be liable in respect of(1) damage caused by or resulting from

(a) a hydrostatic pneumatic or gaspressure test of any boiler orpressure vessel or an insulationbreakdown test of any type ofelectrical equipment

(b) depletion deterioration corrosionerosion wear and tear or othergradually developing conditionsunless such damage results froman accident

(c) mould fungus mildew or yeast(d) the direct application of any tool

or process during the course ofrepair maintenance inspectionmodification or overhaul

(e) installation erection dismantling re-siting transportation or removalof covered equipment other thanre-siting transportation or removalunder its own power whilst at itsoperating site

(f) accidental failure of the powersupply

(2) damage to computer equipmentwhich is recoverable under amaintenance agreement warranty orguarantee




To the extent that you are accountable to the tax authorities for Value Added Tax all terms in this section shall beexclusive of such tax

For the purpose of these definitions anyadjustments implemented in current costaccounting shall be disregarded

Definitions



Adjustedmeans adjusted as necessary to provide for the trend of the business and forvariations in or other circumstancesaffecting the business either before orafter the damage or which would haveaffected the business had the damagenot occurred so that the figures thusadjusted shall represent as nearly as maybe reasonably practicable the results which but for the damage would have been obtained during the relative periodafter the damage

Annual rent receivable means the rent receivable during the 12 months immediately before the date of the damage adjusted

Annual revenuemeans the revenue during the 12 months immediately before the date of the damage adjusted

Annual turnover means the turnover during the 12 months immediately before the date of the damage adjusted

Computer equipment means equipment that is electroniccomputer or other data processingequipment including all forms of electronicmagnetic and optical tapes and discs foruse in any electronic computer or electronicdata processing equipment software andperipherals used in conjunction with suchequipment belonging to you or for whichyou are responsible

Damage means as defined under ‘Cover’ of this section

Estimated gross profit orestimated revenue orestimated rent receivable means the amount declared by you to usas representing not less than the grossprofit or revenue or rent receivablewhich it is anticipated will be earned by the business during the financial year most nearly concurrent with the period ofinsurance (or a proportionately increasedmultiple thereof where the maximumindemnity period detailed in the scheduleexceeds12 months)

Gross profit means the amount by which the sum of theamount of the turnover and the amounts of the closing stock and work in progressshall exceed the sum of the amounts of theopening stock and work in progress and theamount of purchases and discounts relatingthereto bad debts and any other expensesspecified in the schedule (as defined in yourbooks and accounts)

The amounts of the opening and closingstocks and work in progress shall be arrived at in accordance with your normalaccountancy methods due provision being made for depreciation

3 Business interruption



Standard turnovermeans the turnover during the periodcorresponding with the indemnity periodin the 12 months immediately before the date of the damage appropriatelyincreased where the maximum indemnityperiod detailed in the schedule exceeds 12 months adjusted

Suppliers means suppliers with whom you have a contract to supply you with goods and services

Turnover means the money paid or payable to youfor services rendered and for goods sold and delivered in the course of thebusiness at the premises

Cover

If any building or other property used by you at the premises specified in theschedule for the purpose of the businessis destroyed or damaged during the period of insurance by any of the insuredevents (destruction or damage so causedbeing termed damage) and the businesscarried on by you at the premises is inconsequence interrupted or interfered with

We will pay to you in respect of each item in the schedule the amount of lossoccurring during the indemnity periodresulting from such damage in accordancewith the terms of this section

Provided that (1) our liability shall not exceed the sum

insured for each item nor in all the totalsum insured

(2) at the time of the damage there shallbe an insurance in force covering yourinterest in the property at the premisesagainst damage and that paymentshall have been made or liabilityadmitted under that insurance (but thisproviso shall not apply if no payment is made under such insurance solelyowing to the operation of an excess)

Indemnity period means the period beginning with theoccurrence of the damage and ending not later than the expiry of the maximumindemnity period specified in the schedulethereafter during which the results of thebusiness shall be affected in consequenceof the damage

Insured events means unless stated otherwise in theschedule those events which are insured by the Property damage section providedthat for the purpose of this section‘explosion’ shall include explosion of anyboiler or economiser on the premises

Rate of gross profit means the rate of gross profit earned onthe turnover during the financial yearimmediately before the date of the damage

Rent receivable means the amount of the rent and servicecharges received or receivable from theletting of the premises

Revenue means the money paid or payable to youfor services rendered in the course of thebusiness at the premises less the cost ofconsumable goods

Standard rent receivable means the rent receivable during the period corresponding with the indemnityperiod in the 12 months immediately before the date of the damage appropriatelyincreased where the maximum indemnityperiod detailed in the schedule exceeds 12 months adjusted

Standard revenue means the revenue during the periodcorresponding with the indemnity periodin the 12 months immediately before the date of the damage appropriatelyincreased where the maximum indemnityperiod detailed in the schedule exceeds 12 months adjusted



Amount payable

Gross profit items The amount payable is limited to loss ofgross profit due to (a) reduction in turnoverand (b) increase in cost of working occurringduring the indemnity period and theamount payable as indemnity shall be (a) in respect of reduction in turnover the

sum produced by applying the rate ofgross profit to the amount by whichthe turnover during the indemnityperiod shall in consequence of thedamage fall short of the standardturnover

(b) in respect of increase in cost ofworking the additional expenditure(subject to the provisions of theuninsured standing charges clause)necessarily and reasonably incurred for the sole purpose of avoiding ordiminishing the reduction in turnoverwhich but for that expenditure wouldhave taken place during the indemnityperiod in consequence of the damage but not exceeding the sumproduced by applying the rate ofgross profit to the amount of thereduction thereby avoided

less any sum saved during the indemnityperiod in respect of such of the chargesand expenses of the business payable out of gross profit as may cease or bereduced in consequence of the damage

Provided that (i) Sum insured basis

if the sum insured basis applies andthe sum insured by this item be lessthan the sum produced by applying the rate of gross profit to the annualturnover (or to a proportionatelyincreased multiple thereof where themaximum indemnity period detailed in the schedule exceeds 12 months)the amount payable shall beproportionately reduced

(ii) Declaration-linked basis notwithstanding proviso (1) in ‘Cover’our liability in respect of any estimatedgross profit item shall not exceed 1331⁄3% of the Estimated Gross Profitstated in the schedule

In the absence of written notice by you orus to the contrary our liability shall notstand reduced by the amount of any lossprovided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable

Revenue items The insurance under this section in respect of revenue is limited to (a) loss ofrevenue and (b) increase in cost of workingoccurring during the indemnity period andthe amount payable as indemnity shall be (a) in respect of loss of revenue the

amount by which the revenue duringthe indemnity period shall inconsequence of the damage fall short of the standard revenue

(b) in respect of increase in cost ofworking the additional expenditurenecessarily and reasonably incurred for the sole purpose of avoiding ordiminishing the loss of revenue whichbut for that expenditure would havetaken place during the indemnityperiod in consequence of the damage but not exceeding theamount of the reduction in revenuethereby avoided

less any sum saved during the indemnityperiod in respect of such of the chargesand expenses of the business payable outof revenue as may cease or be reduced in consequence of the damage



less any sum saved during the indemnityperiod in respect of such of the charges andexpenses payable out of rent receivableas may cease or be reduced in consequenceof the damage


if the sum insured basis applies and the sum insured by this item be lessthan the annual rent receivable(or a proportionately increased multiple of it where the maximum indemnityperiod detailed in the schedule exceeds12 months) the amount payable shallbe proportionately reduced

(ii) Declaration-linked basis notwithstanding proviso (1) in ‘Cover’ our liability in respect of anyestimated rent receivable item shallnot exceed 1331⁄3% of the EstimatedRent Receivable stated in the schedule

In the absence of written notice by you orus to the contrary our liability shall notstand reduced by the amount of any lossprovided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable

Additional cost of working items The insurance under this section in respectof additional cost of working is limited toadditional cost of working occurring duringthe indemnity period and the amountpayable as indemnity shall be

The additional expenditure including (a) the cost of moving to and from

temporary premises and the additionalrent rates and taxes thereon

(b) expenses incurred in equippingtemporary premises to make themsuitable for your business


if the sum insured basis applies and the sum insured by this item beless than the annual revenue (or aproportionately increased multiple of itwhere the maximum indemnity perioddetailed in the schedule exceeds 12 months) the amount payable shallbe proportionately reduced

(ii) Declaration-linked basisnotwithstanding proviso (1) in‘Cover’ our liability in respect of anyestimated revenue item shall notexceed 1331⁄3% of the EstimatedRevenue stated in the schedule

In the absence of written notice by youor us to the contrary our liability shall not stand reduced by the amount of anyloss provided that you pay the appropriateadditional premium for such automaticreinstatement of cover

Amount payable

Rent receivable items The insurance under this section in respect of rent receivable is limited to (a)loss of rent receivable and (b) additionalexpenditure occurring during the indemnityperiod and the amount payable asindemnity shall be (a) in respect of loss of rent receivable

the amount by which the rentreceivable during the indemnityperiod shall in consequence of thedamage fall short of the standardrent receivable

(b) in respect of additional expenditure the additional expenditure necessarilyand reasonably incurred for the solepurpose of avoiding or diminishing the loss of rent receivable which butfor that expenditure would have takenplace during the indemnity period inconsequence of the damage but notexceeding the amount of the reductionin rent receivable thereby avoided



(c) additional cost in respect of lightingheating and water

(d) additional cost in respect of additionalstaff and overtime and allowances to existing staff

all reasonably incurred in order to minimiseany interruption or interference with thebusiness or undertaking during theindemnity period

Alternative trading clause

Gross profit If during the indemnity period services shall be rendered or goods shall be soldelsewhere than at the premises for thebenefit of the business either by you or byothers on your behalf the money paid orpayable in respect of such services or salesshall be brought into account in arriving atthe turnover during the indemnity period


Revenue If during the indemnity period services shall be rendered elsewhere than at thepremises for the benefit of the businesseither by you or by others on your behalfthe money paid or payable in respect of such services shall be brought intoaccount in arriving at the revenue duringthe indemnity period


Rent receivable If during the indemnity period the businessshall be conducted elsewhere than at the premises the money paid or payable to you in respect of rent at such otherpremises shall be brought into account inarriving at the rent receivable during theindemnity period

Uninsured standing charges clause

If any standing charges of the businessare not insured by this section (having beendeducted in arriving at the gross profit) then in computing the amount recoverableas increase in cost of working that proportiononly of any additional expenditure shall bebrought into account which the gross profitbears to the sum of the gross profit and the uninsured standing charges

Professional accountants’ charges

Any particulars or details contained in yourbooks of account or other business booksor documents which may be requested byus under Claims condition number 3 for the purpose of investigating or verifying anyclaim may be produced by professionalaccountants if at the time they are regularlyacting as such for you and their report shallbe prima facie evidence of the particularsand details to which such report relates

We will pay to you the reasonable chargespayable by you to your professionalaccountants for producing such particularsor details or any other proofs information or evidence as may be required by us underthe terms of Claims condition number 3

Provided that the sum of the amountpayable under this clause and the amountotherwise payable under this section shall in no case exceed the sum insured

Payments on account

Payments on account will be made duringthe indemnity period



Extensions

The insurance by this section is extended to cover loss as insured hereunder directlyresulting from interruption of or interferencewith the business carried on by you at thepremises in consequence of the following

1 Prevention of access

Access to or use of the premises beingprevented or hindered by (a) damage to neighbouring property

by any of the insured events(b) any action of Government the Gardaí

or Local Authority due to anemergency which could endangerhuman life or neighbouring property

Excluding (i) any restriction of use of less than

four hours (ii) any period when access to the

premises was not prevented orhindered

(iii) closure or restriction in the use of thepremises due to the order or advice ofthe competent local authority as aresult of an occurrence of an infectiousdisease (or the discovery of anorganism resulting in or likely to resultin the occurrence of an infectiousdisease) food poisoning defectivedrains or other sanitary arrangementsor vermin or pests

Provided that our liability under thisextension in respect of any one occurrenceshall not exceed the sum insured by the items or any limit of liability shown in the schedule

2 Utilities

Damage by any of the insured eventsat any (a) generating station or sub-station of

the electricity supply undertaking (b) land-based premises of the gas supply

undertaking or of any natural gasproducer linked directly therewith

(c) water works or pumping station of

the water supply undertaking (d) land-based premises of the

telecommunications undertaking from which you obtain electricity gas wateror telecommunications services

Provided that our liability under thisextension in respect of any one occurrenceshall not exceed the sum insured by the items or any limit of liability shown inthe schedule

3 Suppliers’ extension

Damage by any of the insured events at the site of any of your suppliers or storagesites within the geographical limits (butexcluding the premises of any supplyundertaking from which you obtain electricitygas or water or telecommunications services)up to a limit of €15,000 any one incident

4 Customers’ extension

Damage by any of the insured events at the site of any of your customers within the geographical limits up to a limit of€15,000 any one incident

5 Book debts

If following damage to your books of accountor other business books or records whilst

(i) at the premises(ii) temporarily removed from the premises(iii) in transit anywhere within the

geographical limitsby any of the insured events you areunable to trace outstanding debit balancesowed to you we will indemnify you for suchloss in the following terms(a) We will pay the difference between the

total outstanding debit balances and the total of the amounts received or traced in respect of such balances

(b) We will pay for the additional expenditure incurred with our previous consent in tracing and establishing customers’ debit balances after the damage



(c) We will pay for reasonable professionalaccountants’ charges necessarilyincurred in providing any evidencerequired by us in support of a claim

Excluding loss arising from misfiling erasuredistortion deliberate falsification of businessrecords abnormal condition of trade or frombad debts

The most we will pay under this extensionis €75,000 (plus any additional book debtssum insured shown in the schedule) anyone period of insurance

Special condition applicable to extension 5

It is a condition precedent to liability underthis extension that you keep a record of thetotal amount outstanding in customers’accounts as at the end of each month andwithin 30 days of the end of each monthdeposit this record in a building other thanthat in which the original records are kept

6 Specified disease murder foodpoisoning defective sanitationvermin

(a) any occurrence of a specifieddisease at the premises

(b) any discovery of an organism at thepremises resulting in or likely to resultin the occurrence of a specifieddisease

(c) any injury or illness sustained by anyperson arising from or traceable toforeign or injurious matter in food ordrink provided at the premises

(d) any accident causing defects in drainsor other sanitary arrangements at thepremises

(e) any discovery of vermin or pests at thepremises

which causes restrictions in the use of thepremises on the order or advice of thecompetent local authority(f) murder rape or suicide at the

premises

Definition specific to this extension

Definition specific to thisextension

Specified disease

meansAcute encephalitisAcute poliomyelitisAnthraxCholeraDiphtheriaDysenteryLegionellosisLegionnaires’ diseaseLeprosyLeptospirosisMalaria MeaslesMeningitisMeningococcal septicaemia (without meningitis)MumpsOphthalmia neonatorumParatyphoid feverPlagueRabiesRelapsing feverRubellaScarlet feverSmallpoxTetanusTuberculosisTyphoid feverTyphus feverViral haemorrhagic feverViral hepatitisWhooping coughYellow fever

Special conditions applicable tothis extension

(i) We shall not be liable under thisextension for any costs incurred in thecleaning repair replacement recall orchecking of property



(ii) We shall only be liable for the lossarising at those premises which aredirectly affected by the occurrencediscovery or accident In the event that the policy includes anextension which deems damage atother locations to be damage at thepremises such extension shall notapply to this extension

(iii) Indemnity period shall mean theperiod during which the results of thebusiness shall be affected inconsequence of the occurrencediscovery or accident beginning withthe date from which the restrictions onthe premises are applied (or in thecase of f) above with the date ofoccurrence) and ending not later thanthree months thereafter

(iv) Provided that our liability under thisextension shall not exceed €375,000any one occurrence discovery oraccident or 25% of the sum insured bythe items or estimated liabilitywhichever is the lesser

7 Failure of supply

Failure of the supply of electricity gas orwater at the terminal ends of the supplyundertaking’s feeder at the premises fromany cause other than the deliberate act of the supply undertaking in withholding or restricting supply excluding any such failure of less than four hours

Limit€7,500 any one incident

8 Failure of telecommunication services

Failure of the telecommunication services atthe premises following actual physicaldamage of or to telecommunicationsproperty anywhere in the geographicallimits excluding any such failure of less than four hours

Limit€7,500 any one incident

9 Reinstatement of Data

We will pay the costs you incur inreinstating data that is lost or damaged as aconsequence of damage to computerequipment at your premises

Providing that(a) our liability is limited solely to the cost

of reinstating data to any form ofelectronic magnetic and optical tapesand discs for use in any electroniccomputer or electronic data processingequipment

(b) we shall not be liable for any lossesdiscovered later than 180 days afterthe loss occurred

(c) we shall not be liable for loss ordamage to software

(d) we shall not be liable under thisextension for costs more specificallydescribed under extension 10Computers - Increased Cost of Working

(e) you comply with the Back-up recordsSpecial condition

Special condition - Back-uprecords

You shall maintain a minimum of 2generations of verified back-up computerrecords taken at intervals no less frequentlythan 48 hours one copy as a minimumbeing held off site and take all reasonableprecautions to store and maintain records inaccordance with the makersrecommendations


10 Computers - Increased Cost of Working

We will pay costs necessarily andreasonably incurred by you for the solepurpose of avoiding or diminishinginterruption or interference to yourcomputer operations as a consequence ofdamage to computer equipmentat your premises



Memorandum

Index-linking

The sum insured for each item insured (but not extension limits) under this sectionother than rent receivable and additionalcost of working items shall be adjusted in accordance with a suitable indexselected by us

The annual renewal premium will beamended accordingly S

Special conditions

1 Renewal clause

Declaration-linked basis You shall prior to each renewal supply us with the estimated gross profit orestimated revenue or estimated rentreceivable for the financial year mostnearly concurrent with the ensuing year of insurance

2 Premium adjustment clause

(a) Sum insured basis If the gross profit or revenue or rent receivable earned whichever is applicable (or a proportionatelyincreased multiple of it where themaximum indemnity period exceeds 12 months) during the financial year of 12 months most nearly concurrentwith any period of insurance ascertified by your auditors is less thanthe sum insured a pro rata return ofpremium not exceeding 50% of thepremium paid on each sum insured for such period of insurance will bemade in respect of the difference If any damage occurs which gives rise to a claim under this section thereturn in premium made will be inrespect of the difference in gross

profit or revenue or rent receivablewhich is not due to the damage

(b) Declaration-linked basis The first and annual premiums areprovisional and are based on theestimated gross profit or estimatedrevenue or estimated rent receivableYou shall supply us with not later thansix months after the expiry of eachperiod of insurance a declarationconfirmed by your auditors of thegross profit or revenue or rentreceivable earned during the financialyear most nearly concurrent with theperiod of insurance

If any damage shall have occurredgiving rise to a claim for loss of grossprofit or revenue or rent receivablethe above-mentioned declaration shallbe increased by us for the purpose of premium adjustment by the amountby which the gross profit or revenueor rent receivable was reduced duringthe financial year solely in consequence of the damage

If the declaration (adjusted as providedabove and proportionately increased where the maximum indemnity periodexceeds 12 months) (a) is less than the estimated gross

profit or estimated revenue orestimated rent receivable for therelative period of insurance we willallow a pro rata return of premiumpaid on the estimated gross profitor estimated revenue orestimated rent receivable but notexceeding 50% of such premium

(b) is greater than the estimatedgross profit or estimated revenueor estimated rent receivable forthe relative period of insurance youshall pay a pro rata addition to thepremium paid on the estimatedgross profit or estimated revenueor estimated rent receivable





Definitions



Bodily injury means bodily injury death disease or illness

Business means that which has been described inthe schedule and which is conducted solely from premises in the geographicallimits including (a) the ownership repair and maintenance

of your property and premises (b) the provision of catering social sports

and welfare facilities for employedpersons and first aid medical andambulance services

(c) the provision of fire and securityservices maintained only for theprotection of premises owned oroccupied by you

(d) private work undertaken by anemployed person with your priorconsent for a director partner oremployee of yours

(e) participation in trade shows orexhibitions within the European Union

but this does not include any workundertaken offshore

Data means information represented or storedelectronically including but not limited tocode or series of instructions operatingsystems software programs and firmware

Employed person means (a) any employee(b) (i) any person supplied to or hired or

borrowed by you or on your behalf or

(ii) any work experience student or training scheme participant while under your direct control and supervision

Employeemeans any person under a contract ofservice or apprenticeship with you

Event(s) means one occurrence or series ofoccurrences arising from or attributable to one source or original cause

Injury means bodily injury wrongful arrest or false imprisonment

Legal costs means (a) claimant’s costs and expenses

recoverable from you in respect of anyclaim which is the subject matter ofindemnity under this policy

(b) (i) the costs of legal representation at (1) any coroner’s inquest or inquiry

in respect of any death (2) proceedings in any court arising

out of any alleged breach ofstatutory duty which may be thesubject of indemnity under thissection of the policy

(ii) all other costs and expenses inrelation to any matter which mayform the subject of a claim forindemnity under this section of the policy

incurred with our prior written consent

4 Liabilities



Offshore means embarkation onto a vessel oraircraft for conveyance to an offshore rigplatform or service or accommodationvessel until disembarkation from theconveyance onto land upon return fromsuch offshore rig platform or service oraccommodation vessel

Pollution or contamination means injury or damage directly orindirectly caused by or arising out ofpollution or contamination of buildings or other structures or of water land or the atmosphere

Principal means any party (other than a directorpartner or employee of yours) on whosebehalf you are undertaking work (excludingthe sale or supply of products) inconnection with the business

Products means goods (including containers andpackaging) not in your custody or controlsold supplied installed erected servicedrepaired altered or treated by you inconnection with the business from anypremises within the geographical limits

Any error in the sale supply or presentationof such goods is included in this definition

Property means material property but this does notinclude data

You/your /yours means the Insured named in the schedule

Unless we specifically state otherwise wewill also indemnify (a) your personal representatives in

respect of legal liability incurred by you(b) at your request

(i) any principal(ii) any director partner or employed

person of yoursin respect of liability for which youwould have been entitled to indemnityhad the claim been made against you

(c) any officer or member of your canteensocial sports and welfare facilities andfire first aid ambulance and securityservices in their individual capacities as such

(d) any director partner or employee ofyours in respect of private work carriedout with your prior consent by anemployed person for such directorpartner or employee

We will not provide an indemnity to anymedical or dental practitioner in respect ofmedical services provided

Cover 1 – Employers’ liability

This insurance is provided on a ‘Costs inclusive’ basis

This means that legal costs are includedwithin the limit of indemnity specified in the schedule

Cover

We will indemnify you against your legalliability to pay damages and legal costsarising out of bodily injury to an employedperson caused during the period of insurance (a) within the geographical limits or (b) while temporarily outside

these territories in connection with the business

The total amount we will pay in respect ofany event shall not exceed the limit ofindemnity shown in the schedule

This insurance complies with the provisionsof any law enacted in the geographicallimits relating to the compulsory insuranceof liability to employees

You will repay any sums paid by us whichwe would not have been obliged to pay butfor the provisions of such law



Exclusion

No indemnity will be provided in respect of anyliability in respect of bodily injury for whichyou are required to arrange motor insurance or security in accordance with any road trafficlegislation within the European Union

Extensions

Each of the following is subject to theterms of the policy

1 Unsatisfied court judgements

Where a judgement for damages has been obtained (a) by one of your employees or their

personal representatives in respect of bodily injury caused during any periodof insurance and which arises out of andin the course of their employment withyou

(b) in any court situated within thegeographical limits

(c) against any company or individualoperating from premises within thegeographical limits

(d) which remains unsatisfied in whole or in part six months after the date of the judgement

we will at your request pay to the employee or their personal representativesthe amount of damages and any awardedcosts which remain unsatisfied subject tothere being no appeal outstanding

Any payment under this extension isconditional upon the judgement beingassigned to us by the employee or theirpersonal representatives

2 Compensation for court attendance

If we request any of the followingcategories of people to attend court as awitness in connection with a claim underthis cover we will provide you with thefollowing rates of compensation for eachday on which attendance is required

Any of your directors or partners €350

Any employee €125

Cover 2 – Public & products liability

This insurance is provided on a ‘Costs in addition’ basis

This means that (with the exception ofclaims which are brought within the legaljurisdiction of the United States of Americaor Canada) legal costs are payable inaddition to the limit of indemnity specifiedin the schedule

Cover

We will indemnify you against your legalliability to pay damages arising out of (a) accidental injury of any person (b) accidental damage to property(c) nuisance trespass to land trespass

to goods or interference with anyeasement of air light water or way We will not provide indemnity inrespect of any liability which arisesfrom any deliberate act or omission by you which could reasonably havebeen expected having regard to thenature and circumstances of such actor omission or which is a naturalconsequence of the ordinary conduct of your business

happening during the period of insuranceand caused either in connection with thebusiness or by products



We will in addition indemnify you againstlegal costs other than in respect of anyclaim which is brought within the legaljurisdiction of the United States of Americaor Canada in which circumstances legalcosts shall be included within the limit of indemnity

The total amount we will pay in respect of damages for (a) any one event(b) all events happening during any period

of insurance caused by products(c) all events arising from pollution or

contamination which we deem to have occurred during any period of insurance

shall not exceed the limit of indemnityshown in the schedule

Where we are liable to indemnify more thanone person the total amount of indemnity to all parties including you in respect ofdamages arising from one event shall notexceed the limit of indemnity shown in the schedule

Exclusions

No indemnity will be provided in respect of (1) any liability connected directly or

indirectly in any way with any error or omission in the provision ofprofessional services

(2) any liability arising from bodily injuryto any employed person caused inconnection with the business

(3) any liability arising from damage toproperty which is owned or held in trust by you or which is in yourcustody or control

Exclusion (3) will not apply in respect of (a) personal effects including vehicles and

their contents belonging to employeesdirectors partners or visitors

(b) premises and their contents not ownedby leased or rented by you at whichyou are undertaking work in connectionwith the business

(c) premises including fixtures and fittingshired by or leased rented or borrowedby you but we shall not be liable for (i) the first €250 of any damage other

than caused by fire or explosion (ii) liability arising solely under the

terms of any contract or agreement (iii) any liability which arises from an

agreement to maintain in forceinsurance against loss of ordamage to the premises and their fixtures and fittings

(4) any liability arising from ownershippossession or use by you or on yourbehalf of (a) any mechanically propelled vehicle (b) any craft designed to travel in on or

through water air or space but thisexclusion shall not apply to anynon-mechanically propelledwaterborne craft of less than 9metres in length whilst operated oninland waterways or within 3 milesof the coast

(5) any liability arising directly or indirectlyfrom pollution or contaminationunless the pollution or contaminationis caused by a sudden identifiableunintended and unexpected incidentwhich takes place in its entirety at a specific moment in time and placeduring the period of insurance

For the purposes of this exclusion all pollution or contamination which arises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

(6) any liability arising from advice designor specification provided whether givenfor a fee or not

(7) damage to or the costs of recallremoval repair alteration replacementor reinstatement of any productsupplied or contract work executed by you which is caused by (a) a defect (b) its unsuitability for its

intended purpose



(8) any liability arising from any contract in respect of products supplied orcontract work executed by you unlessliability would have attached in theabsence of that contract

(9) the costs of remedying any defect oralleged defect in premises which youhave disposed of

(10) (a) fines or penalties (b) liquidated damages (c) any compensation awarded by a

court of criminal jurisdiction (d) multiplied aggravated exemplary

or punitive damages (11) any liability arising from

(a) the use by you or on your behalf ofany premises situated in the UnitedStates of America or Canada

(b) products sold or supplied on yourbehalf from any premises situatedin the United States of America or Canada

(c) products exported by you or onyour behalf to the United States of America or Canada

(12) any liability arising from (a) products incorporated in any

craft designed to travel through air or space

(b) products incorporated in anywaterborne craft which could affectits safety navigation or propulsion

(c) products incorporated inmechanically propelled vehicleswhich could affect their safety

(d) products incorporated in gaschemical petrochemical or power generation plant which isdirectly connected to manufactureprocessing storage or powergeneration

and which have been specificallysupplied by you for that purpose

(13) any liability arising directly or indirectlyfrom mining processing manufacturingremoving handling disposing oftreatment of distributing or storing ofasbestos

However this shall not apply where removing handling or disposing of asbestos does not form part of yourusual business or any contract work undertaken and (a) you have complied with any legal

obligations to manage asbestos and(b) any discovery of asbestos by you

is unintentional and accidental and(c) where upon discovery of asbestos

all work immediately stops and (d) a HSA preferred asbestos removal

contractor is employed to make safethe area in which the discovery is made as soon as is practicable and who has Employers’ and Public liability insurance in force which provides limits of indemnity no less than those provided by yourpolicies and which do not exclude the work to be carried out

(14) arising directly or indirectly from fearsof the consequences of exposure to orinhalation of asbestos

(15) any liability arising from the supervisionor execution of any manual work or contract undertaken outside of theEuropean Union

(16) damage to property in respect ofwhich there is a requirement to effectcover under the R.I.A.I. conditions orany other similar contract clause



Extensions

Each of the following is subject otherwise to the terms of this policy

1 Cross liabilities

If you consist of more than one party (andin the case of partnerships this shall meaneach individual partner) we will indemnifyeach party in the terms of this policyagainst liability incurred to the other in thesame manner and to the same extent as ifa separate policy had been issued to eachsubject to the maximum amount payable in respect of damages arising out of oneevent not exceeding the limit of indemnity

2 Compensation for court attendance

If we request any of the followingcategories of people to attend court as awitness in connection with a claim underthis cover we will provide you with thefollowing rates of compensation for eachday on which attendance is required

Any of your directors or partners €350

Any employee €125

3 Contingent motor liability

Notwithstanding exclusion 4 regardingvehicles we will indemnify you alone inrespect of legal liability for injury or damagearising out of the use by any employeein the course of the business of anymechanically propelled vehicle which is neither owned by nor provided by you

We will not provide an indemnity in respect of (a) damage to such vehicle or any

property contained or beingtransported within it

(b) injury or damage arising while thevehicle is being driven by you or any person who to your knowledgedoes not hold a licence to drive

such a vehicle (unless they have held and are not disqualified forholding or obtaining such a licence)

(c) circumstances where you are entitledto indemnity under any other insurance

(d) injury or damage arising outside thegeographical limits

4 Data Protection Act 1988

We will indemnify you against legal liabilityto pay damages and claimant’s costs and expenses for damage or distress inaccordance with section 7 of the DataProtection Act 1988 (amended by the DataProtection (Amendment) Act 2003)

This indemnity is subject to you beingregistered in accordance with the Act orhaving applied for such registration whichhas not been refused or withdrawn and that you have taken all reasonable care to comply with its requirements

We will not provide any indemnity in respect of (a) the payment of fines or penalties (b) the costs of replacing reinstating

rectifying erasing blocking ordestroying any personal data

(c) liability arising from or caused by a deliberate or intentional act by or omission of any person entitled to indemnity

(d) claims arising out of circumstanceswhich have been notified to previousinsurers or which were known to you at the inception of this extension

(e) legal liability where indemnity isprovided by any other insurance



5 Libel and slander

We will indemnify you against your legalliability to pay damages and legal costsarising out of the publication or utteranceby you or on your behalf of a libel orslander provided that (a) a claim is first made against you

during the period of insurance(b) this extension shall not apply in

respect of (i) claims which arise out of

circumstances notified to previousinsurers or known to the Insuredat inception of this extension

(ii) publications or utterances made atthe direction of any party entitled to indemnity by this section with the knowledge of the libellousor slanderous effect thereof

(iii) claims brought outside thegeographical limits

(c) for the purposes of this extension the limit of indemnity including legalcosts is €100,000 any one event

Prosecution defence costs

Cover

We will subject to the limit of indemnityindemnify you in respect of

(a) legal costs and expenses incurredwith our written consent

(b) costs awarded against you inconnection with the defence of anycriminal proceedings or an appealagainst a conviction arising from suchproceedings brought for a breach of (i) the Safety Health and Welfare at

Work Act 2005 (ii) the Sale of Goods and Supply of

Services Act 1980

(iii) Liability for Defective Products Act1991

(iv) the Food Safety Authority ofIreland Act 1998

alleged to have been committed during theperiod of insurance in connection with thebusiness

Exclusions

We will not provide any indemnity

(a) where indemnity is provided by anyother insurance

(b) in circumstances where injury ordamage has occurred which may bethe subject of a claim under either theEmployers’ liability or Public & productsliability covers of this section

(c) in respect of fines or penalties of anykind

(d) in respect of any costs expenses orreimbursements resulting from an ordermade under Section 54 or resultingfrom any charges under Section 21 ofthe Food Safety Authority of IrelandAct 1998

(e) where the proceedings have resultedfrom any deliberate act or omission by (i) you or any director or partner of

yours(ii) any employee of yours who has

specific responsibility forcompliance with the abovelegislation

which could reasonably have beenexpected to constitute a breach of theabove legislation

Limit of indemnity

The total amount we will pay in respect ofany one claim shall not exceed €500,000



Costs and expenses means (1) Legal costs

All reasonable and necessary costschargeable by the appointedrepresentative on a party/party basisAlso the costs incurred by opponentsin civil cases if an insured person hasbeen ordered to pay them or paysthem with our agreement

(2) Accountants costs A reasonable amount in respect of allcosts reasonably incurred by theappointed representative inaccordance with our claims handlinginstructions

(3) Attendance expenses The insured person’s salary or wagesfor the time that the insured personis off work to attend any arbitrationcourt or tribunal hearing at the requestof the appointed representativeor as a defendant while attending juryservice We will pay for each half or whole daythat the court tribunal or the insuredperson’s employer will not pay for

The amount we will pay is based on the following (a) The time the insured person is

off work including the time it takes to travel to and from the hearing This will be calculated to thenearest half day assuming that awhole day is eight hours

(b) If the insured person works full-time the salary or wages for eachwhole day equals 1/250th of the insured person’s yearly salaryor wages

(c) If the insured person works part- time the salary or wages will be aproportion of the insured person’sweekly salary or wages

5 Legal expenses

The schedule will show if thissection applies and which insuredincidents are covered

To ensure an expert service the cover underthis section is provided by DAS LegalExpenses Insurance Company Limited(DAS)

When presenting a claim for legal expensesthe insured person must inform DAS assoon as possible and within the time limitsstipulated under the individual covers andgeneral exclusions to this section giving fulldetails in writing of the insured incident andprovide such proofs supporting evidenceand other information DAS may require

Send your claim to

DAS Legal Expenses Insurance CompanyLimited12 Duke LaneDublin 2

Definitions



Appointed representative means the lawyer or accountant or othersuitably qualified person who has beenappointed to act for an insured person inaccordance with the terms of this section



For all other insured incidents

The Republic of Ireland

We/us/ourmeans DAS Legal Expenses InsuranceCompany Limited

Cover

We will indemnify the insured personin respect of any insured incident shown as included in the schedule arising inconnection with the business as long as (a) the date of occurrence of the

insured incident happens during theperiod of insurance and within theterritorial limit and

(b) any legal proceedings will be dealt with by a court or other body which weagree to in the territorial limit and

(c) in civil claims it is always more likelythan not that an insured person willrecover damages (or obtain any otherlegal remedy which we have agreed to)or make a successful defence

For all insured incidents we will help inappealing or defending an appeal as longas the insured person tells us within thetime limits allowed that they want us toappeal

Before we pay any costs and expensesfor appeals we must agree that it is alwaysmore likely than not that the appeal will besuccessful

If an appointed representative is used wewill pay the costs and expenses incurredfor this

We will pay Financial Compensation Awardsthat we have agreed to

The most we will pay for all claims resultingfrom one or more event arising at the sametime or from the same originating cause is€150,000

Date of occurrence means (1) for civil cases (other than under

insured incident 7 – Tax Protection)when the cause of action first accrued

(2) for criminal cases when the insuredperson commenced or is alleged to have commenced to violate thecriminal law in question

(3) for licence or registration appealswhen the Insured first became awareof the proposal by the relevantlicensing or regulatory authority tosuspend or alter the terms of or refuseto renew or cancel the Insured’slicence

(4) for Tax Protection when the relevantauthority sends an assessment orwritten decision to the Insuredfollowing an audit

Insuredmeans the Insured shown in the schedule

Insured incident(s) means the circumstances in which the insurance provided by this section will operate as described in each separate cover

Insured person means the Insured and the directorspartners managers employees and anyother individuals declared to us by theInsured

Period of insurance means the period for which we have agreed to cover the insured person and for which the premium has been paid

Territorial limit means for insured incident 2 Legal Defence(excluding 2(4)) and 6(b) Bodily Injury

The European Union the Isle of Man theChannel Islands Albania Andorra BosniaHerzegovina Croatia Gibraltar IcelandLiechtenstein Macedonia MonacoMontenegro Norway San Marino SerbiaSwitzerland and Turkey



Insured incidents

1 Employment disputes and compensation awards

(a) Employment disputes

We will defend the Insured's legal rights

(1) prior to the issue of proceedings beforea Rights Commissioner court ortribunal following the dismissal of anemployee or

(2) in legal proceedings in respect of anydispute with (a) an employee or ex-employee or a

trade union acting on behalf of anemployee or ex-employee whicharises out of or relates to a contractof employment with the Insured or

(b) an employee prospective employeeor ex-employee arising from analleged breach of their statutoryrights under employment legislation

Exclusions (i) Any employment dispute where the

cause of action arises within the first90 days of the indemnity provided by this section

(ii) Any dispute with an employee whowas subject to a written or oralwarning (formal or informal) within 180 days immediately preceding the inception date of the indemnityprovided by this section if the dateof occurrence was within the first 180 days of the indemnity provided by this section

(iii) Any redundancy or alleged redundancyor unfair selection for redundancyarising within the first 180 days of the indemnity provided by this section

(iv) Any claim in respect of damages forpersonal injury or loss of or damageto property

(v) Employee internal disciplinary orgrievance procedures

(vi) Any claim arising from or relating toany transfer of business which fallswithin the scope of the EuropeanCommunities (Safeguarding ofEmployees' Rights on Transfer ofUndertakings) Regulations 1980 and2000 European Communities(Protection of Employees on Transferof Undertakings) Regulations 2003and any amending legislation

(b) Compensation awards

We will pay any financial compensatoryaward otherwise payable by the Insured inrespect of a claim we have accepted underinsured incident 1(a)

Provided that (1) Throughout any contract of

employment dispute the Insured hassought and followed advice from ourlegal advice service

(2) For compensation following theInsured's breach of statutory dutyunder employment legislation theInsured has at all times sought andfollowed advice from our legal adviceservice since the date when theInsured should have known about theemployment dispute

(3) For any compensation award forredundancy or alleged redundancy orunfair selection for redundancy but notthe redundancy payment itself theInsured has sought and followedadvice from our Claims departmentprior to serving notice of redundancy



(4) The compensation is awarded by aRights Commissioner or tribunal undera judgment made after full argumentand otherwise than by consent ordefault or is payable under settlementapproved in writing in advance by us

(5) The total of the compensation payableby us shall not exceed €1,500,000 inany one period of insurance

Exclusions (i) Any compensation award relating

to the following (a) Trade union activities trade union

membership or non-membership (b) Pregnancy or maternity or paternity

rights(c) Statutory rights in relation to

trustees of occupational pensionschemes

(d) Statutory rights in relation toSunday shop and betting work

(ii) Non-payment of money due under the relevant contract of employment or statutory provision relating thereto

(iii) Any award ordered as a result of abreach of statutory rights in relationto the provision of relevant records toemployees under the NationalMinimum Wage Act 2000 or anyamending legislation

(iv) Any financial compensation award orincrease in financial compensationaward ordered by the tribunal for failureto comply with a recommendation ithas made including non-compliancewith a reinstatement or re-engagementorder

2 Legal defence

At the Insured’s request (1) We will defend the insured person’s

legal rights (a) prior to the issue of legal

proceedings when dealing with the – Gardaí or – Health and Safety Authority

and/or regional health boardswhere it is alleged that the insuredperson has or may have committeda criminal offence or

(b) following an incident which leads tothe insured person beingprosecuted in a court of criminaljurisdiction

(2) We will defend the Insured’s legalrights following civil action takenagainst the Insured for wrongful arrestin respect of an accusation of theftalleged to have been carried out during the period of insurance

(3) We will defend the insured person's(other than the Insured) legal rightsif civil action is taken againstthem as a trustee of a pensionfund set up for the benefit of theInsured's employees

(4) We will represent the insured personin appealing against the imposition or terms of any Statutory Notice issued under legislation affecting the Insured’s business

(5) We will represent the Insuredin appealing against the refusal of the Data Protection Commissioner toregister the Insured’s application for registration

(6) We will pay the attendance expensesof an insured person for jury service



Provided thatIn so far as proceedings under the SafetyHealth and Welfare at Work Act 2005 areconcerned the territorial limit shall be anyplace where the Act applies

Exclusions (1) An insured person driving without

valid motor insurance(2) Any claims arising from parking or

obstruction offences(3) Any motor related prosecution where

the Insured owns or has use of morethan 6 motor vehicles used for business purposes

3 Statutory licence protection

We will represent the Insured in appealingto the relevant statutory or regulatoryauthority court or tribunal following anincident which results in a licensing orregulatory authority suspending or alteringthe terms of or refusing to renew orcancelling the Insured’s licence

Exclusions (1) An original application or application

for renewal of a statutory licence(2) Any licence appeal relating to the

ownership driving or use of a motorvehicle

4 Contract disputes

We will negotiate for the Insured’s legalrights in a contractual dispute arising fromthat agreement or that alleged agreementwhich has been entered into by or on behalfof the Insured for the purchase hire sale or provision of goods or of services

Provided that (1) the amount in dispute exceeds €300

or if the amount in dispute is payablein instalments the instalments due andpayable at the time of making theclaim exceed €300

(2) if the dispute relates to money owed tothe Insured a claim under the policy ismade within 90 days of the moneybecoming due and payable

Exclusions (i) Any dispute arising from an agreement

entered into prior to the inception dateof the indemnity provided by the policyif the date of occurrence was withinthe first 90 days of the indemnityprovided by the policy

(ii) Any claim relating to the following (a) The settlement payable under

an insurance policy (b) A lease licence or tenancy of land

or buildings other than a disputewith a professional adviser inconnection with the drafting of alease licence or tenancy agreement

(c) A loan mortgage pension or any other financial product andchoses in action

(d) A motor vehicle owned by or hiredby or leased to the Insured

(iii) A dispute with an employee or ex-employee which arises out of or relates to a contract of employmentwith the Insured



(iv) A dispute which arises out of – the sale or provision of computer

hardware software systems orservices or

– the purchase or hire of computerhardware software systems orservices tailored by a supplier to theInsured’s own specification

(v) A dispute arising from a breach oralleged breach of professional duty by an insured person

(vi) The recovery of money and interest due from another party other thandisputes where the other party intimatesthat a defence exists

(vii) The first €600 of legal costs unless thedispute is to be dealt with under thesmall claims procedure

5 Debt recovery

We will negotiate for the Insured’s legal rightsincluding enforcement of judgement torecover money and interest due from the sale or provision of goods or services

Provided that (1) the debt exceeds €300 (2) the Insured has exhausted all credit

control and accounting procedures as declared to us

(3) a claim for debt recovery under thissection is made within 90 days of themoney becoming due and payable

(4) we have the right to select the method of enforcement or to forego enforcingjudgement if we are not satisfied that there are or will be sufficient assetsavailable to satisfy judgement

Exclusions (i) Any debt arising from an agreement

entered into prior to the inception date ofthe indemnity provided by this section ifthe debt is due within the first 90 days ofthe indemnity provided by this section

(ii) Any claim relating to the following (a) The settlement payable under an

insurance policy (b) A lease licence or tenancy of

land or buildings

(c) A loan mortgage pension or any other financial product andchoses in action

(d) A motor vehicle owned by or hired or leased to the Insured

(iii) A dispute which arises out of the supplyhire sale or provision of computerhardware software systems or services

(iv) The recovery of money and interest due from another party where the other party intimates that a defence exists

6 Property protection and bodily injury

(a) Property protection

We will negotiate for the Insured's legal rightsin any civil action relating to material propertywhich is owned by or the responsibility of theInsured following(1) any event which causes or could cause

physical damage to such materialproperty or

(2) any nuisance or trespass

Exclusions Any claim relating to the following (i) A contract entered into by the Insured(ii) Goods in transit or goods lent or

hired out (iii) Goods at premises other than those

occupied by the Insured unless the goods are at such premises for the purpose of installations or use in work to be carried out by the Insured

(iv) Mining subsidence (v) Defending the Insured’s legal

rights other than in defending a counter-claim

(vi) a motor vehicle owned or used by orhired or leased to an insured person



(b) Bodily injury

At the Insured’s request we will negotiatefor an insured person’s and their familymembers’ legal rights following an eventwhich causes the death of or bodily injury to them

This includes assisting the insured person(and family member if applicable) through our claims and legal advice service to register their claim with the Injuries Board (IB)

Exclusions Any claim relating to the following (1) (i) Any illness or bodily injury which

develops gradually or is not caused by a specific or sudden accident

(ii) Defending an insured person’sand their family members’ legalrights other than in defending acounter-claim

(iii) A motor vehicle owned by or hired or leased to or used by an insuredperson or their family member

(2) The cost of obtaining a medical reportwhen registering a claim with the IB

7 Tax protection

(a) Revenue audits

We will negotiate on behalf of theInsured and represent them in any appealproceedings in respect of an audit carriedout by the Revenue Commissioners into theInsured’s business accounts

(b) Employers compliance

We will negotiate on behalf of the Insuredand represent them in any appealproceedings in respect of a disputeconcerning their compliance with Pay AsYou Earn or Social Insurance ContributionRegulations following an audit by theRevenue Commissioners or TheDepartment of Social Community andFamily Affairs

(c) VAT disputes

We will negotiate on behalf of the Insuredand represent them in any appealproceedings following an audit carried outby the Revenue Commissioners in respectof Value Added Tax due

Provided that (1) for all insured incidents the Insured

has taken reasonable care to ensure that all returns are completeand correct and that such returns are submitted within the statutory time limits allowed

(2) the Insured and the appointedrepresentative comply with our claimshandling instructions throughout thecourse of the claim

Exclusions (i) Any insured incident arising from a

tax avoidance scheme (ii) Any insured incident caused by the

failure of the Insured to register forValue Added Tax

(iii) Any insured incident arising from anyinvestigation or enquiry undertaken bythe Revenue Commissioners intoalleged dishonesty or alleged criminalactivities of the Insured



Exclusions

(1) Any claim reported to us more than 180 days after the date theinsured person should have knownabout the insured incident

(2) Costs and expenses incurred before thewritten acceptance of a claim by us

(3) Fines penalties compensation or damageswhich the insured person is ordered topay by a court or other authority other thancompensation awards as covered underinsured incident 1(b) CompensationAwards

(4) Any claim relating to patents copyrightstrademarks merchandise marks registereddesigns intellectual property secrecy andconfidentiality agreements

(5) Any claim relating to franchise rights or agency rights where the Insuredhas the legal capacity to alter the legal relations of another

(6) Any insured incident deliberately or intentionally caused by an insured person

(7) A dispute with us not otherwise dealt withunder Condition 7

(8) Any claim relating to a shareholding orpartnership share in the Insured unlesssuch shareholding was acquired under ascheme open to all employees of theInsured or a substantial number of themof a certain minimum grade other than thedirectors or partners of the Insured

(9) Judicial review(10) Legal action an insured person takes

which we or the appointedrepresentative have not agreed to orwhere the insured person does anythingthat hinders us or the appointedrepresentative

(11) When either at the commencement of orduring the course of a claim the Insuredis bankrupt or has filed a bankruptcypetition or winding-up petition or has madean arrangement with its creditors or hasentered into a deed or arrangement or isin liquidation or part or all of its affairs orproperty are in the care or control of areceiver or administrator

Conditions

(1) An insured person must(a) keep to the terms and conditions of

the policy (b) notify us immediately of any alteration

which may materially affect ourassessment of the risk

(c) take reasonable steps to keep any amount we have to pay as low as possible

(d) try to prevent anything happening thatmay cause a claim

(e) send everything we ask for in writing

(f) give us full details of any claim as soon as possible and give us anyinformation we need

(2) (a) We can take over and conduct in the name of an insuredperson any claim or legal proceedings at any time We can negotiate any claim on behalf of an insured person

(b) If we agree to start legal proceedingsand it becomes mandatory for aninsured person to be represented bya lawyer or if there is a conflict ofinterest an insured person canchoose an appointed representativeby sending us the suitably qualifiedperson’s name and address We may choose not to accept the choice of representative but only inexceptional circumstancesIf there is a disagreement over thechoice of appointed representativeanother suitably qualified person can



be appointed to decide the matter(c) Before an insured person

chooses a lawyer or accountant wecan appoint an appointedrepresentative

(d) An appointed representativewill be appointed by us andrepresent an insured personaccording to our standard terms of appointment The appointed representativemust co-operate fully with usat all times

(e) We will have direct contact with theappointed representative

(f) An insured person mustco-operate fully with us and theappointed representative andmust keep us up-to-date with the progress of the claim

(g) An insured person must give theappointed representative anyinstructions that we require

(3) (a) An insured person must tell us ifanyone offers to settle a claim andmust not agree to any settlementwithout our written consent

(b) If an insured person does notaccept a reasonable offer to settlea claim we may refuse to pay any further costs and expenses

(c) We may decide to pay the insuredperson the amount of damagesthat the insured person is claimingor is being claimed against theminstead of starting or continuinglegal proceedings

(4) (a) If we ask an insured personmust tell the appointedrepresentative to have costsand expenses taxed assessed or audited

(b) An insured person must take everystep to recover costs and expensesthat we have to pay and must pay us any costs and expenses that are recovered

(5) If an appointed representativerefuses to continue acting for aninsured person with good reason or if an insured person dismisses an appointed representative withoutgood reason the cover we provide will end at once unless we agree to appoint another appointedrepresentative

(6) If an insured person settles a claim orwithdraws their claim without ouragreement or does not give suitableinstructions to an appointedrepresentative the cover we providewill end at once and we will be entitled to re-claim any costs andexpenses paid by us

(7) If we and an insured persondisagree about the choice of appointedrepresentative or about the handling ofa claim we and the insured person canchoose another suitably qualified personto decide the matter We and the insured person must both agree to this in writing If we cannot agree with the insuredperson about the choice of the second suitably qualified person wewill ask the president of the LawSociety of Ireland to choose a suitablyqualified personWhoever loses the disagreement willhave to pay the cost of settling it

(8) We may at our discretion require the Insured to obtain an opinion fromcounsel at the Insured’s expense asto the merits of a claim or proceedings If counsel’s opinion indicates that thereare reasonable grounds for the pursuitor defence of a claim or proceedingsthe cost of obtaining the opinion willbe paid for by us

(9) We will not pay any claim coveredunder any other policy or any claimthat would have been covered by anyother policy if this policy did not exist

(10) This section will be governed by thelaws of the Republic of Ireland




Definitions



Bodily injury means bodily injury resulting directly andindependently of any other cause within twenty four calendar months in disablementor death

Business hours means any time when anyone withresponsibility for money is in attendance at the premises for the purpose of your business

Deferment period means the initial period specified in theschedule following bodily injury duringwhich the temporary total disablementbenefit is not payable

Insured person means any employee of the Insured

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at orabove the wrist or ankle or total andirrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

Money means current notes and coins cheques(other than pre-signed blank chequeswhether crossed or uncrossed) postalorders money orders securities for moneycrossed bankers drafts unused postagestamps travellers cheques Premium Bondscredit and debit card sales vouchers valueadded tax purchase vouchers gift tokensand unused credit on postal frankingmachines belonging to you or for which youare responsible and pertaining to thebusiness

Money in transit means money other than non-negotiablemoney in transit whilst in personalcustody or in a bank night safe until thebank accepts responsibility

Non-negotiable money means crossed cheques (other than pre-signed blank cheques) crossed postalorders crossed money orders crossedbankers drafts Premium Bonds credit anddebit card sales vouchers value added taxpurchase vouchers and unused credit onpostal franking machines

Other money means money other than non-negotiablemoney

6 Money with assault extension



Permanent total disablement means permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall havelasted for 104 weeks and which in allprobability will last for the remainder of life

Personal custody means within the immediate personalcontrol of you or any other responsibleperson authorised by you

Temporary total disablement means disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period not exceeding 104 weeks in all from thecommencement of such disablement

Cover A – Money

We will indemnify you in respect of loss of money happening during the period of insurance anywhere in thegeographical limits

Our liability in respect of any one loss shall not exceed the amount stated in the schedule

Extensions


1 Damage to safes

We will indemnify you against damageto any safe strongroom or cash carrying bag belonging to you or for which youare responsible arising in connection with theft or attempted theft of insured money

2 Damage to clothing and personal effects

We will indemnify you against damage toclothing and personal effects belonging to you or any of your directors oremployees up to an amount of €750 perperson arising in connection with theft orattempted theft of insured money

3 Dishonesty of employee

We will indemnify you against loss due tothe dishonesty of any director or employeeof the Insured provided that (i) such loss is not insured by a specific

fidelity section or policy(ii) the loss is discovered within twenty

eight days of the occurrence (iii) our liability for such loss shall not

exceed €3,000 per person nor €7,500in total in any one period of insurance



Exclusions

We shall not be liable in respect of loss (1) due to dishonesty of any director or

employee of the Insured other than as provided for by Extension (3) above

(2) whilst the money is in the custody or control of a professional carrier

(3) during transit by unregistered post (4) from an unattended vehicle (5) from any gaming or vending

machine unless shown otherwise in the schedule

(6) due to clerical or accounting errorsdepreciation in value unexplainedshortage dishonoured cheques or to the use of counterfeit money

(7) in excess of the ‘in any othercircumstances’ limit shown in theschedule of other money from anyroom left unattended and unlockedunless this occurs during businesshours and such other moneyis contained in a locked safe cupboard or desk with the key held in personal custody

(8) of completed credit or debit card sales vouchers unless a copy of eachvoucher is at all times kept in a secureplace separate from its counterpart

Special condition

Safe keys

It is a condition precedent to liability inrespect of loss of money from a locked safeor locked strongroom that all keys (exceptthose deposited with a bank) for safes andstrongrooms containing money and notesof combination locks letters and numbersmust be held in personal custody

Cover B – Assault extension

If during the period of insurance an insuredperson sustains bodily injury in the courseof their employment by you as a directresult of robbery or hold-up or any attemptthereat we will pay the appropriate benefit

Scale of benefits

The level of benefits are shown in theschedule

Extension

Hospital benefit and dental expenses

If during the period of insurance an insuredperson sustains bodily injury in the course of their employment by you as a directresult of robbery or hold up or any attemptthereat we will pay (a) dental expenses incurred by the

insured personLimit €750

(b) €30 a day up to €300 if as a result of the bodily injury the insuredperson goes into hospital for in-patient treatment



Exclusions

We shall not be liable for bodily injury(1) arising from wilful exposure to

needless peril (except in an attempt to save human life)

(2) sustained by any person before thatperson attains the age of16 years or after the expiry of the period of insurance in which that person attained the age of 70 years

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving rise toa claim other than for temporary totaldisablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporarytotal disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any one insured person in connection with the same accident

4 A receipt given by you or by yourlegal personal representatives shall be a valid discharge of our liabilityunder this section

5 No compensation shall becomepayable until the total amount shallhave been ascertained and agreedsave that periodic payments on account of temporary totaldisablement may be made by us



Permanent total disablement means permanent total and absolutedisablement (other than by loss of limb(s)or loss of eye(s)) from gainful employmentof any and every kind which shall havelasted for 104 weeks and which in allprobability will last for the remainder of life

Temporary total disablement means disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period notexceeding 104 weeks in all from thecommencement of such disablement

Cover

If during the period of insurance an insuredperson sustains accidental bodily injury(1) at any time if Cover A applies(2) arising out of and in the course of their

employment by you if Cover B applies

we will pay the appropriate benefit

Cover operative (A) or (B)

As specified in the schedule

Scale of benefits

The level of benefits are shown in the schedule

If the benefits are expressed in units one unit provides the following

1 Death€3,750

2 Loss of limb(s) or loss of eye(s) €3,750

3 Permanent total disablement €3,750

4 Temporary total disablement €37.50 per week

5 Medical expenses Maximum of 15% of the benefitspayable under 4 above


Definitions



Accidental bodily injury means bodily injury resulting directly andindependently of any other cause within 24 calendar months in disablement ordeath

Deferment period means the initial period specified in theschedule following accidental bodily injuryduring which the temporary totaldisablement benefit is not payable

Insured person means as specified in the schedule

Loss of eye(s) means total and irrecoverable loss of sight of an eye or eyes

Loss of limb(s) means loss by physical severance at orabove the wrist or ankle or total andirrecoverable loss of use of a limb or limbs

Medical expenses means the cost of medical surgical dentalor other remedial attention treatment or appliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person

7 Personal accident



Extensions

1 Hospital benefit and dental expenses

If during the period of insurance an insuredperson sustains bodily injury (1) arising out of and in the course of their

employment by you if Cover B applies (2) at any time if Cover A applies

We will pay (a) dental expenses incurred by the

insured personLimit €750

(b) €30 a day up to €300 if as a result of the bodily injury the insured person goes into hospital for in-patient treatment

2 Clothing and personal effects

If we accept a claim for bodily injury underthis section we will pay for the insuredperson’s clothing and personal effectsdamaged at the same time up to an amountof €750 per person such amount being in addition to any amount recoverable underthe Property damage section

Excluding any claim where we have paid for personal effects under the Money withassault section of this policy

Exclusions

We shall not be liable for accidentalbodily injury(1) arising from

(a) any consequence of suicide ordeliberate self-injury intemperancevenereal disease insanitypregnancy childbirth the influenceof drugs unless such drugs aretaken as prescribed and directed by a qualified registered medicalpractitioner but not for thetreatment of drug addiction

(b) any health problem which oughtreasonably to have been within theknowledge and belief of theinsured person or you at inceptionof this insurance or prior to thelatest renewal thereof and whichhas not been declared to andaccepted in writing by us

(c) wilful exposure to needless peril(except in an attempt to savehuman life)

(d) any insured person taking part inpractising or training for any of theexcluded activities

(2) sustained by any person before thatperson attains the age of 16 years or after the expiry of the period of insurance in which that personattained the age of 70 years



Excluded activities

n Aqualung diving

n Flying (except as a fare-paying passenger)hang-gliding or parachuting

n Hunting on horseback poloshowjumping or steeple chasing

n Driving riding or sailing in any kind of race

n Riding motor cycles or motor scootersas a driver or passenger

n Winter sports other than curling or ice-skating

n Football (other than amateurassociation football) amateur rugbyfootball gaelic football and hurling

n Mountaineering cliff or rock-climbingabseiling gully bashing subterranean orelastic rope sports or activities

n Any pursuit or activity involving personaldanger or hazard

n Playing in any sport professionally

n Service in the armed forces

Special conditions

1 Benefit shall not be payable in respectof any insured person for any lateraccident after an accident giving rise toa claim other than for temporary totaldisablement

2 Benefit for permanent totaldisablement may be payable following benefit for temporarytotal disablement

3 Other than 2 above one benefit onlyshall be payable in respect of any one insured person in connection with the same accident

4 A receipt given by you or by yourlegal personal representatives shall be a valid discharge of our liabilityunder this section

5 No compensation shall becomepayable until the total amount shallhave been ascertained and agreedsave that periodic payments on account of temporary totaldisablement may be made by us



General information (not forming part of the policy)

Complaints procedure

If you have any reason to complain aboutthe advice or service you’ve received, pleasecontact us as soon as possible.

St Ann’s HouseSt Ann’s PlaceManchester M2 7LP

Tel + 44 (0)845 606 1331 Fax + 44(0)845 604 6302

Email [email protected]

Our promise to you

We will aim to resolve your complaint withinfive business days.

If this is not possible:

n We will promptly acknowledge allcomplaints

n All complaints will be investigateddiligently and impartially withinEcclesiastical

n We will respond formally to yourcomplaint as soon as possible

n We will keep you informed of theprogress of the investigation.

n If you’re not satisfied with our response,or we have not completed ourinvestigation after forty business days,you may refer your complaint to:-The Financial Services Ombudsman,3rd Floor Lincoln HouseLincoln PlaceDublin 2.Lo Call: 1890 88 20 90Tel: +353 1 6620899www.financialombudsman.ie/

This complaints procedure does not affectyour right to take legal proceedings.

The Financial ServicesCompensation Scheme (FSCS)

The Financial Services CompensationScheme (FSCS) is the independent body,set up by government, which gives you yourmoney back if your authorised* financialservices provider goes bust.

The FSCS protects a range of products forboth individuals and small businesses.Limits apply depending on the product youhave bought. The FSCS does not chargeindividual consumers for using its service.The FSCS cannot help you if the firm youhave done business with is still trading.

For further information on the scheme youcan visit the website at:

www.fscs.org.uk

or write to:

Financial Services Compensation Scheme10th Floor, Beaufort House,15 St Botolph Street,London EC3A 7QU.

Tel: 0207 741 4100 or 0800 678 1100Fax: 0207 741 4101Email [email protected]

* The FSCS can only pay compensation forcustomers of financial services firmsauthorised by the PRA

Methodist Insurance plc is authorised andregulated by the Financial ConductAuthority (FCA) in the UK.


Methodist Insurance plc, St Ann’s House,St Ann’s Place,Manchester M2 7LP Tel: 0845 606 1331 Fax: 0845 604 6302 www.methodistinsurance.co.ukemail: [email protected] Insurance PLC (MIC) Reg. No. 6369. Registered inEngland at Beaufort House, Brunswick Road, Gloucester, GL1 1JZ.

Methodist Insurance PLC is authorised by the PrudentialRegulation Authority and regulated by the Financial ConductAuthority and the Prudential Regulation Authority in the UnitedKingdom, and regulated by the Central Bank of Ireland forConduct of Business rules.

Printed on paper from sustainable forests0667/2/0613


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