CONTRACTORS & ENGINEERS POLICY
Please read this document carefully
This is a summary of the cover provided by your Policy. It contains references to the key features and benefits of the Policy as well as references to significant or unusual exclusions and limitations. It does not contain the full Policy definitions, terms, exclusions and conditions and it is important that you read these fully before making any decision about your insurance. These can be found in the Policy document, a copy of which is available from your insurance broker.
You need to ensure that you are able to maintain the required premiums so that the cover can be continuous. You also need to ensure that the information you give us regarding your activities, circumstances and nature of risk is accurate and regularly reviewed so that, in the event of a claim you still have adequate and valid insurance cover.
The Policy is issued for a 12 month period unless otherwise agreed by us. You should review your cover on a regular basis as inadequate insurance could adversely affect any claim.
We undertake to provide cover to you according to the terms of the Policy Schedule and the accompanying Policy document. Please make careful note of the exclusions, conditions and the limits of cover, so that you are clear about what you might expect in the event of a claim. Cover under this Policy is subject to specific limits and excesses. Please refer to your broker for full details.
Thistle Underwriting acting in an underwriting capacity on behalf of those Lloyd’s Underwriters subscribing to the above policy.
Must be insured.
Section 2: Public Liability
Legal liability for damages and claimants costs in respect of accidental injury to any person, accidental damage to property, accidental trespass and nuisance and associated legal costs. The limit of indemnity any one occurrence is stated in the Schedule, other than terrorism where the limit of indemnity shall be £2,000,000 or the limit of indemnity stated in the Schedule, whichever is the lower. Property damage excess £250 increasing to £500 in Northern Ireland or as stated in the Schedule or amended by endorsement.
Conditions Fire Precautions
Whenever there is any process which involves the application of heat away from the Insured’s own premises, precautions as contained in the Policy Wording or as amended by endorsement must be adhered to or Policy cover will not apply.
Damage to Property in the Ground
Where work is in the vicinity of underground pipes, cables, mains and other underground services reasonable measures as contained in the Policy Wording must be adhered to or cover will not apply.
Defective Premises Act 1972. Leased and rented premises. Wrongful arrest.
Overseas personal liability. Data Protection Act.
Contingent motor liability. Movement of obstructing vehicles.
Bona Fide Sub Contractors, you must check that bona-fide sub contractors hold a current Employers and Public Liability insurance Policy with a minimum limit of indemnity equal to that of the Policy for the activities to be undertaken.
Injury to employees.
Property in the care custody or control of the Insured. Libel, slander and intellectual property.
Non performance or delay. Marine and aviation. Motor liability. Contractual liability.
Manual work in North America. Internet or cyber liability.
Can only be insured with Section 2 Public Liability. If Public Liability is cancelled mid-term then all Optional covers will be cancelled from the same effective date.
Section 1: Employers Liability
Legal liability for damages and claimants costs in respect of injury sustained by persons employed arising out of and in the course of their employment, as well as legal costs incurred with the written consent of the Insurer. The limit of indemnity is £10,000,000 any one claim other than in respect of terrorism where this shall not exceed £5,000,000.
Unsatisfied court judgements. Exclusions
Motor vehicles (passengers).
Section 3: Products Liability
Legal liability for damages and claimants costs in respect of accidental injury to any person, accidental damage to property and associated legal costs. The limit of indemnity is stated in the Schedule and applies in the aggregate to all claims in any one period of insurance. Property damage excess £250 increasing to £500 in Northern Ireland or as stated in the Schedule or amended by endorsement. Extensions
Consumer Protection Act 1987 - legal defence costs. Food Safety Act - legal defence costs.
Injury to employees.
Property in the care custody or control of the Insured. Libel, slander and intellectual property.
Contractual liability. Damage to products. North American exports. Marine and aviation.
Section 4: Tools and Trade Materials
A) Damage to tools of the Business and business equipment the property of the Insured or employees or hired (where the Insured or employee is responsible under a written contract of hire) including whilst in transit.
B) Business goods being the property of the Insured or held by the Insured in trust or on commission being carried by the Insured’s motor vehicle.
Limits of Indemnity
The liability of the Insurers under this Section shall not exceed: 1. £1500 any one item.
2. £1500 any one occurrence in respect of Item A above. 3. £1500 any one occurrence in respect of Item B above.
Unless a higher Sum Insured is specified in the Schedule in respect of Items 2 and 3. Condition
When any vehicle or building is left unattended security measures as contained in the Policy Wording must be adhered to or cover will not apply. Extensions
Removal of Debris Extension. Clothing and personal effects. Exclusions
Moveable property in the open where damage arises as a result of wind, rain, hail, sleet, snow, flood or dust; property whilst it is operational or being worked upon or undergoing maintenance, repair, restoration or testing; computer records; money; livestock; precious stones, bullion, gold or silver articles and jewellery;
Theft from any unattended motor vehicle and/or trailer between the hours of 20:00 and 07:00 unless the precautions as contained in the Policy Wording are adhered to.
Refer to the Policy Wording for full information concerning the Excluded Causes not covered by this Policy.
The Insured shall be responsible in respect of each and every claim for the first £200 in respect of loss of or damage to computers or to computer equipment accessories, parts or software and £100 in respect of all other losses.
Section 5: Terrorism
Damage under Section 4 Tools and Trade Materials if insured in the Schedule in Great Britain caused by an Act of Terrorism. Limit of Liability
If the Insurer alleges that any claim hereunder is not covered or is covered only up to a limit of liability as stated in the Schedule the burden of proving that such claim is covered shall be upon the Insured.
Cover is subject to all limits, terms, conditions and exclusions of this Policy except that the following shall not apply: any long term agreement or undertaking.
any terms in the Policy which provide for adjustments of premium based upon declarations on expiry or during the period of insurance. any extension of premises to locations outside England and Wales and Scotland.
any General or Section Exclusions elsewhere in this Policy (other than those stated as Section 5 Exclusions). Exclusions
Chemical, biological or radioactive contamination. Riot, civil commotion, war risks.
Electronic, digital or cyber risks.
General Extensions (applying to Sections 1, 2 and 3 only)
Indemnity to other persons. Cross liabilities.
Health and Safety at Work legal defence costs. Compensation for court attendance costs.
Prosecution defence costs arising under the Corporate Manslaughter and Corporate Homicide Act 2007 - The limit of indemnity in respect of any one claim or series of claims arising out of one occurrence and in the aggregate shall not exceed £1,000,000. Temporary Employees are covered to a maximum of 50 man-days worked in any one period of insurance. (This extension does not
apply to Section 1 if the Insurance by that Section is not operative).
General Exclusions (applying to All Sections unless specified)
Radioactive contamination (Not applicable to Section 1 Employers Liability). War risks.
Pollution. Terrorism. Asbestos.
Hazardous locations. Hazardous work.
You should pay particular attention to hazardous locations and hazardous work definitions, as losses in these locations and for this type of work will only be covered if they are agreed in advance and endorsed on the Policy.
Applying to Sections 2 and 3 only Professional Indemnity. Date change exclusion.
Applying to Sections 4 and 5 only Electronic date recognition. More specific insurance. Pressure waves.
Northern Ireland in respect of civil commotion; unlawful, wanton or malicious acts committed maliciously by a person or persons acting on behalf of or in connection with any unlawful association.
Electronic data. Marine.
The Insured shall take all reasonable precautions to avoid, prevent or minimize any injury to employees, third parties or damage to the
property of others or to prevent the sale or supply of products which are defective in any way. Changes in Facts
The insured must notify insurers in writing of any alteration in the premises or in the Business where the risk of loss or damage is increased or any change in the facts stated in the proposal or Schedule.
The Policy shall cease to be in force if there is any misrepresentation, misdescription or non-disclosure of any material facts or if the business of the Insured is wound up or carried on by a liquidator or receiver, put into administration or otherwise permanently discontinued. Claims Procedure (Insured’s duties)
Sections 1,2 and 3 only
The Insured shall give immediate written notice to the Insurer of any incident that may give rise to a claim under this Policy and shall give all such additional information as the Insurer may require within thirty days of such incident. Immediate action must be taken to prevent further loss, damage or injury. No admission of liability or settlement of any claim shall be made without the Insurer’s written consent. Sections 4 and 5 only
The Insured shall give immediate notice to the Police Authority of any incident that may give rise to a claim under this Policy in respect of theft, attempted theft, riot, malicious damage, accidental loss or Act of Terrorism and shall give written notice within seven days to the Insurers in the case of riot, civil commotion, strikers, locked out workers or persons taking part in labour disturbances or malicious persons, or 30 days any other loss. The Insured shall supply all such additional information as the Insurer may require. Immediate action must be taken to prevent further loss, damage or injury. No admission of liability or settlement of any claim shall be made without the Insurer’s written consent. Fraud
All benefit under the Policy shall be forfeited if any claim be in any respect fraudulent or intentionally exaggerated or if any damage or injury be occasioned by the wilful act or with the connivance of the Insured.
Claims Procedure (Insurer’s rights) Sections 1,2 and 3 only
The Insurer shall be entitled to take over and conduct in the Insured’s name the defence or settlement of any claim. Sections 4 and 5 only
The Insurer shall have the right to enter the premises where the event has occurred, and to take and keep possession of any of the property insured and to deal with any salvage in a reasonable manner.
Other Insurances Sections 1,2 and 3 only
If loss damage or liability insured under this Policy is covered by any other insurance the Insurer shall not provide indemnity except in respect of any excess beyond the amount which would be payable by this Policy.
Sections 4 and 5 only
If there is any other insurance covering the same risk or part thereof the Insurer shall not be liable for more than their rateable proportion. If any such other insurance is subject to any condition of average, this Policy shall also be subject to average in like manner.
If any part of the premium is calculated on estimates the Insured shall within one month from the expiry of each period of insurance furnish such details as the Insurer may require and the premium for such period shall be adjusted subject to the application of any minimum premium shown in the Schedule.
Any claimant under this Policy shall at the request and at the expense of the Insurer do and permit to be done all such acts and things as may be necessarily or reasonably required by the Insurer for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from other parties.
In the event of a claim arising under the Policy the Insurer agrees to waive any rights, remedies or relief to which they might become entitled by subrogation against any Company standing the relation of parent to or subsidiary (or subsidiary to parent) of the Insured. Cancellation
The Insurer may cancel the Policy or any Section thereof at any time by sending thirty days’ notice to the Insured’s last known address and stating the reason for cancellation, the Insured will become entitled to a return of premium in respect of the unexpired portion of the period of insurance, any such return of premium is subject to no claim having been paid or being outstanding.
Choice of Law and Jurisdiction
This Policy shall be governed by and construed in accordance with the laws of England and Wales. Contracts (Rights of Third Parties) Act 1999
A person or company who was not a party to this Policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Discharge of Liability (Sections 1,2 and 3 only)
The Insurer may at any time pay the limit of indemnity or a smaller amount for which a claim can be settled after deduction of any sum already paid. The Insurer will have no further liability under this Policy for any further payment of such claim.
Reinstatement of Damage (applying to Sections 4 and 5 only)
If the Insurers reinstate or replace any property, the Insured shall at its own expense provide all information and documentation as the Insurers may require. The Insurers shall not be bound to reinstate exactly or completely and shall not expend more than the Sum Insured. Value Added Tax (VAT) (applying to Sections 4 and 5 only)
If the Insured is registered for VAT the Insurers will not pay the VAT element of any claim. Arbitration (applying to Sections 4 and 5 only)
If any difference shall arise as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to an arbitrator.
Any loss, destruction, damage, bodily injury or proceedings must be notified in accordance with the claims procedure stated in the Policy. For all out of office hours notifications of loss please call 0844 692 3866 or email email@example.com.
Any complaint you may have regarding your Policy should be addressed to the insurance advisor who arranged your Policy, or if you are not satisfied with the way the complaint has been handled, to Thistle Underwriting at:
Thistle Underwriting, St. David’s Court, Union Street, Wolverhampton, WV1 3JE.
You have the right to cancel the Policy at anytime. Return premiums will be calculated in line with General Condition 10 of the Policy.
In the event that those Lloyd’s Underwriters subscribing to the above policy are unable to meet their liabilities, you may be entitled to compensation from the Financial Services Compensation Scheme.
Thistle Underwriting is a trading style of Thistle Insurance Services Limited. Lloyd’s Broker. Authorised and Regulated by the Financial Conduct Authority. A JLT Group Company. Registered Office: The St Botolph Building, 138 Houndsditch, London EC3A 7AW. Registered in England No. 00338645. VAT No. 244 2321 96