First Excess Directors’ and
Officers’ Liability and Company
Reimbursement insurance schedule
From to both days
For and on behalf of Zurich Insurance Ireland Ltd (UK Branch)
Dated: Signed :
Endorsement applicable: Prior and pending litigation:
Deductibles: Limit of liability: Policy number: Insurer: Primary policy: Limit of liability: Total payable:
Insurance premium tax: Premium:
Period of insurance: Registered address: Policyholder: Policy number:
First Excess Directors’ & Officers’ Liability
and Company Reimbursement Policy
Section 1 – Agreement
with Primary Policy
Other than in respect of 1.1 the premium 1.2 the limits of liability 1.3 Sections 2 to 7 and any
this Policy is subject to the same terms conditions limitations exclusions and all other provisions as the Primary Policy. No change in the Primary Policyshall be binding upon the Insurer unless specially endorsed hereon.
Section 2 – Definitions
For the purpose of this Policy
2.1 Proposal shall mean the proposal form and any attachments thereto and any
supplementary statements or material supplied to the Insurer
2.2 Primary Policy shall mean the policy identified by Item 6 of the Schedule 2.3 Underlying Limit of Liability shall mean the
limits of liability provided by the Primary Policy identified by Item 6 of the Schedule
Section 3 – Maintenance of
It is a condition precedent to the coverage afforded under this Policy that the Policyholder maintains in force the Primary Policyin all respects subject only to reduction or exhaustion as a result of loss payments. This Policy will not provide indemnity for any loss not covered by the
Primary Policyexcept and to the extent that
of one or more the insurers of the Primary Policyfails to pay loss in connection with any claim as a result of the insolvency, bankruptcy or liquidation of the said insurer then those insured hereunder shall be deemed to be self-insured for the amount of the limit of liability of the said insurer which is not paid as a result of such insolvency, bankruptcy or liquidation.
Section 4 – Limit of Liability
4.1 The Insurer will pay any loss in excess of the Underlying Limit of Liabilityand the deductible or retention under the Primary Policywhich is applicable to such loss up to the Limit of Liability under Item 5 in the Schedule in respect of each claim admitted under the Primary Policy. The amount shown under Item 5 shall however be the maximum aggregate Limit of Liability of the Insurer for losses resulting from all payments made under this Policy during the Period of Insurance
4.2 The Insurer shall be liable under this Policy only after the insurers of the Primary Policyhave paid or been held liable to pay the Underlying Limit of Liabilityin full 4.3 Subject to 4.1 in the event of the reduction
or exhaustion of the Underlying Limit of Liabilityby reason of payment of loss this Policy will
(i) in the event of reduction pay in excess of the reduced limits
(ii) in the event of exhaustion continue in force as a primary insurance in excess of the deductible or retention
In consideration of the payment of the premium and in reliance upon all statements
made and information furnished in a Proposal and subject to all the terms,
conditions and limitations of this Policy, Zurich Insurance Ireland Ltd (hereinafter
called the Insurer) agrees that:
Section 5 – Claim Notification
The Policyholder as a condition precedent to payment under this Policy shall provide written notice to the Insurer via the broker or firm that effected this policy, as soon as reasonably practicable of:
5.1 any claim made against a director or officer 5.2 notice from any person or entity of an
intention to make such a claim 5.3 circumstances of which the Policyholder
becomes aware which could reasonably give rise to a claim at a later date The date of notification to the Insurer will be deemed to be the date upon which the resultant claim is first made.
Written notice shall include but not be limited to a description of the claim circumstances, the nature of the alleged or potential damage, the names of the actual or potential claimants and the date and manner in which the Policyholder or director or officer as the case may be first became aware of the claim.
If the policyholder has not effected this policy through a broker, then all claim notifications should be referred to:
Zurich Global Corporate UK The London Underwriting Centre 3 Minster Court
Mincing Lane London EC3R 7DD
Tel: 020 7617 4242,
And marked for the attention of the Policyholders normal contact at the Insurers’ office.
Section 6 – Prior and
The Insurer shall not be liable under this Policy to make any payment in respect of any claim arising from, based upon, attributable to or as a consequence of any litigation initiated prior to or pending at the date specified in Item 7 of the Schedule or alleging or deriving from the same or essentially the same facts as alleged in such prior or pending litigation.
Section 7 – Arbitration Clause
In the event that there shall arise any dispute or difference between the Insurer and those insured hereunder with respect to any of the matters referred to in this Policy then such dispute or difference shall be referred to the final and binding resolution of a suitably qualified
independent legal adviser (for example a member of Her Majesty’s Counsel in the United Kingdom) who shall be provided with all such information as he or she may request in order to achieve a resolution or such difference or dispute. Such legal expert shall have sole discretion as to the conduct of any reference to him or her and as to the awarding of any costs or expenses incurred in connection therewith.
Zurich is committed to providing a high level of service to all its customers. However, if you have any cause for complaint you should in the first instance, contact either your broker or us directly. If the matter is not resolved to your satisfaction, please contact the Director of Underwriting and Manufacturing.
You can telephone 020 7617 4242. Or write to:
Director of Underwriting and Manufacturing Zurich Global Corporate UK
London Underwriting Centre 3 Minster Court
Mincing Lane London EC3R 7DD
If you are still not satisfied, please contact the Managing Director’s Office. You can telephone 020 7617 4242.
Or write to: Managing Director
Zurich Global Corporate UK London Underwriting Centre 3 Minster Court
Mincing Lane London EC3R 7DD
A member of the Managing Director’s Office will respond to your complaint and offer resolution wherever possible. Written complaints will be acknowledged within one working day of receipt. If after four weeks you have had no contact, a letter of explanation will be issued.
If you are still not happy with the way we have dealt with your complaint you may be eligible to have your case reviewed by the Financial Ombudsman Service.
This is a free and impartial service available only to some small businesses, with a turnover of £1million (Euro 1.5 million*) or less.
You can telephone: 0845 080 1800 or email: email@example.com Or write to:
Financial Ombudsman Service South Quay Plaza
183 Marsh Wall London E14 9SR
You are entitled to refer to the Financial Ombudsman Service at any stage of your complaint. Your legal rights are unaffected.
Zurich Global Corporate UK
London Underwriting Centre, 3 Minster Court, Mincing Lane, London EC3R 7DD, England. Website: www.zurich.co.uk/corporate Zurich Global Corporate UK is a trading name for the following companies:
Zurich Global Corporate UK Limited
Registered in England and Wales No. 3206157. Registered Office: The Zurich Building, 90 Fenchurch Street, London, EC3M 4JX. Zurich Insurance Company*
A limited company incorporated in Switzerland. Registered in the canton of Zurich No. CH-020.3.929.583-0. UK Branch registered in England and Wales No. BR105. Registered Office: Mythenquai 2, 8022 Zurich, Switzerland. Head Office in the UK: Zurich House, Stanhope Road, Portsmouth, Hampshire, PO1 1DU.
Zurich Insurance Ireland Limited**
A limited company incorporated in the Republic of Ireland, Registered No. 13460. UK Branch registered in England and Wales No. BR7985. Registered Office: Eagle Star House, Ballsbridge Park, Dublin 4.