Professional Indemnity Insurance All you need to know

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Professional Indemnity Insurance

All you need to know

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Free Business Advice Service

These helplines are provided for Your use whilst Your Policy is in force.

Eurolaw Commercial Legal and UK Tax Advice 0345 878 5042

Unlimited access to a team of legal advisors, for confidential legal advice and guidance on any commercial legal problem such as:

• Employment

• VAT

• Prosecution

• Contract disputes

• Landlord and tenant disputes

Please note that advice on motoring matters is not available.

Eurolaw Commercial Legal advice can only be offered in respect of matters subject to the laws of and within the jurisdiction of courts or tribunals of:

• England Scotland Wales and Northern Ireland

• the Channel Islands and the Isle of Man

any other Member country of the European Union

• Switzerland and Norway

Tax advice can only be offered in respect of matters subject to the laws of the United Kingdom.

Specialist legal advice is provided 9am - 5pm, Monday to Friday, excluding public and bank holidays. If calls are made outside these times, You will be called back the next working day between 9am and 5pm.

Tax advice is provided by tax advisors 9am – 5pm, Monday to Friday, excluding public and bank holidays. If calls are made outside these times, You will be called back the next working day between 9am and 5pm.

This helpline is provided on Our behalf by DAS Legal Expenses Insurance Company Limited all calls are recorded.

Stress Counselling Helpline 0345 878 5029

Available 24 hours each day, 7 days every week, all year round.

A confidential counselling service for any Employee (and their family) over the telephone, assisting issues such as:

• Stress

• Relationship

• Depression

• Bereavement

• Family

This service can also help with:

• Onward referral to relevant voluntary, self-help groups or professional services

• Availability of planned (weekly) telephone counselling sessions, time to suit caller

• Details of face to face counsellors in Your area Any costs arising from the use of these referral services will not be paid by DAS.

This helpline is provided on Our behalf by DAS Legal Expenses Insurance Company Ltd, all calls are recorded.

DAS will not accept responsibility if the telephone helpline services operated by them are unavailable for reasons they cannot control.

In addition to these helplines, DAS offer on Our behalf access to the DAS Employment Manual.

Employment manual

The DAS Employment Manual offers comprehensive, up to date guidance on rapidly changing employment law. To view it, please visit www.das.co.uk and select Employment Manual. All the sections of this web-based document can be printed off for Your own use.

Contact DAS at employmentmanual@das.co.uk with Your email address, quoting Your policy number and DAS will contact You by email to inform You of future updates to the information.

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Definitions

For the purposes of this Policy the words or terms that appear in bold will be interpreted as follows:

Alternate

means any individual practitioner, partnership, limited liability partnership or company who is acting in connection with the arrangements to cover the incapacity or death of a sole practitioner.

Circumstance

will mean any Circumstance or state of affairs or event which might reasonably be expected to give rise to a claim against You or a claim by You under the Policy.

Computer system

will mean any computer, data processing equipment, media or part thereof, or system of data storage and retrieval, or communications system, network, protocol or part thereof, or any computer software (including but not limited to application software, operating systems, runtime

environments or compilers), firmware or microcode, or any electronic documents utilised in the ownership, security and management of Your electronic communications system, world-wide web site, internet site, intranet site, extranet site or web address(es).

Defence costs and expenses

all costs and expenses incurred, with Our prior consent, in the investigation, defence and settlement of any claim first made against You or of any Circumstance first notified during the Period of insurance.

Documents

will mean digitised data, information recorded or stored in a format for use with a computer, microcode, deeds, wills, agreements, maps, plans, records, written or printed books, letters, certificates, written or printed documents or forms of any nature whatsoever (excluding any bearer bonds or coupons, bank or currency notes, share certificates, stamps or other negotiable paper).

Employee

is:

a any person employed by You under a contract of service, training or apprenticeship; and

b any voluntary worker, and

c any locum, seasonal or temporary personnel; and

d any self-employed person, who is not an independent contractor; and

e any person supplied or remunerated through a contract hire company or agency, who is not an independent contractor but is employed by the contract hire company on a supply only basis, working as a member of Your staff;

but only if such person is working under Your direction, control and supervision.

Excess

is the first amount paid in respect of each claim or loss as stated in the Schedule provided always that the maximum amount payable by You during the Period of insurance will not exceed the maximum amount calculated in accordance with the relevant provisions of the Professional Indemnity Insurance Regulations of the Institute of Chartered Accountants in England and Wales/of Scotland/in Ireland as applicable in force at the date of inception or renewal of this Policy. The Excess is not payable in respect of Defence

costs and expenses.

Financially associated person or entity

will mean:

a any business controlled or managed by You or in which You have an executive interest;

b any company in which You directly or indirectly own or control more than 15% of the issued share capital;

c any person having an executive or managerial role in

Your firm or who would be considered to be a shadow

director (as defined in s.251 of the Insolvency Act 1986);

d any company that directly or indirectly owns or controls any of the issued share capital of Your firm or any of whose issued share capital is directly or indirectly owned or controlled by any other company or person who directly or indirectly owns or controls any of the issued share capital .

Indemnity limit

will mean Our total liability to pay damages, losses, claimant’s costs, fees and expenses, and will not exceed the sum(s) stated in the Schedule in respect of any one claim, loss or series of claims or losses arising out of one originating cause regardless of the number of persons claiming an indemnity from Us under the terms of this Policy.

Member

means any member of a limited liability partnership including a designated Member save that such a Member will only be

You if and insofar as any claim or claims arise out of the Professional business carried on by the Member for or on

behalf of You.

Period of insurance

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Personal appointment

is any individual appointment of a professional nature arising out of Your ordinary professional activities including, but only in relation to the performance of Services, any appointment as a director or officer of a company.

Professional business

is the business of Yours as stated in the Schedule including the holding of any Personal appointment.

Proposal

will mean the online Client Detail Statement of Fact and any online renewal declaration signed by You together with any other information supplied by You to Us before inception or renewal of this Policy.

Services

will mean, whilst holding the appointment of company secretary, registrar or director, all services performed or advice given by You in connection with tax matters, secretarial work, share registration, financial advice to management, book-keeping, management accounting, financial investigation and reports, financial claims - their negotiation and settlement, company formations, investment advice, insurance and pension scheme advice and

computer consultancy.

Virus

will mean any unauthorised executable code that replicates itself through a Computer system or network whether termed a virus, logic bomb, worm, Trojan Horse or known by any other name.

We / Us / Our

U K Insurance Limited and/or such other authorised Insurer as U K Insurance Limited may contract to underwrite any part of this Policy.

You / Your / Yours

is any person or firm stated in the Schedule and includes:

a any current or previous partner, director, principal,

Member or Employee of any firm or company stated in

the Schedule;

b any other person who becomes a partner, director, principal, Member or Employee of the firm;

c any person who has been under a contract of service with a Member save that such person will only be You for the purpose of this Policy if and insofar as any claim or claims arise out of the Professional business carried on by such person for or on behalf of You;

d the estates and/or legal representatives of any of those listed in sub-paragraphs a, b or c above in the event of death, incapacity, insolvency or bankruptcy;

e any predecessor in business of the firm or company stated in the Schedule;

f any Alternate.

INTERPRETATION

If Your firm is regulated by the Association of Chartered Certified Accountants then any references to the Institute of Chartered Accountants will be read as being a reference to the Association of Chartered Certified Accountants instead.

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Basis of the contract

The Proposal will be the basis of and incorporated in this contract.

Insuring Clauses

In consideration of the premium having been paid to Us,

You are indemnified as follows: Indemnity

1

Up to the Indemnity limit for claims first made against

You during the Period of insurance arising out of the

ordinary course of the Professional business (including claimant’s costs, fees and expenses) in respect of:

a civil liability to pay damages;

b the loss of or damage to Documents;

c (i) any amount paid and/or payable; and/or (ii) the cost of taking any steps which You are directed to take in relation to a Claimant;

in accordance with any final and binding award or determination of any Ombudsman appointed pursuant to the provisions of the Financial Services and Markets Act 2000 or any amendment or re-enactment thereof. Nothing in this clause limits or restricts (or will be construed as limiting or restricting) the scope of indemnity afforded by Insuring Clause 1 a; PROVIDED THAT if You should suffer any loss or incur any liability of the type insured under this Policy by reason of the dishonest or fraudulent act or omission of any former or present partner, director,

Member, Employee, consultant, sub-contractor or Alternate of Yours, no indemnity will be afforded

hereunder in respect of such loss or liability to any person committing or condoning such dishonest or fraudulent act or omission and the sums payable hereunder will be only for the balance of liability in excess of the amounts recoverable from the dishonest or fraudulent person or persons or their estates or legal representatives.

Defence costs and expenses 2

In respect of Insuring Clauses 1a, b and c, We will pay in addition to the Indemnity limit all Defence costs

and expenses provided that:

a if a paid claim exceeds the Indemnity limit We will only be liable for that proportion of the

Defence costs and expenses which the Indemnity limit bears to the amount of the paid

claim;

b in the event that We elect to make a payment to

You pursuant to Notification and Claims Condition

2.2 then We will have no liability to pay Defence

costs and expenses incurred after the date upon

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Exclusions

We will not be liable to indemnify You against any claim or

loss:

Employers liability 1

arising directly or indirectly from bodily injury, sickness, disease, psychological injury, emotional distress, nervous shock or death sustained by any Employee arising out of or in the course of their employment by

You, or for any breach of any obligation owed by You

as an employer to any partner, Member, principal, director or Employee or applicant for employment;

Bodily injury/property damage 2

for bodily injury, sickness, disease, psychological injury, emotional distress, nervous shock or death sustained by any person or any loss, damage or destruction of property (except where cover is provided under Insuring Clause 1b) unless such claim emanates from actual or alleged breach of professional duty by

You;

Land buildings etc 3

arising directly or indirectly from the ownership, possession or use by You or on Your behalf of any land, buildings, aircraft, watercraft, vessel or mechanically propelled vehicle;

Dishonesty 4

arising directly or indirectly from any dishonest, fraudulent, malicious or illegal act or omission committed by any person after discovery of reasonable cause for suspicion of fraud or dishonesty on the part of that person;

Contractual liability 5

arising directly or indirectly from any breach or alleged breach of any contractual duty or duty of care owed or alleged to have been owed by You to any third party and which is more onerous than any duty that would otherwise be implied by common law or statute;

Products 6

arising out of or relating to goods or products sold, supplied, repaired, altered, manufactured, installed or maintained by You or any related company, sub-contractor or other person acting on Your behalf. The term “goods or products” will include Packaged Software (meaning computer software produced by a third party and marketed for general distribution) but will not apply to any other computer software or to any adaptation or amendment to Packaged Software;

Insolvency/bankruptcy of You 7

arising out of or relating directly or indirectly to the insolvency or bankruptcy of You;

Seepage and pollution 8

based upon, arising out of or relating directly or indirectly to, in consequence of or in any way involving seepage, pollution or contamination of any kind unless such claim emanates from actual or alleged breach of professional duty by You;

Circumstances previously notified 9

arising out of any Circumstance or occurrence which has been notified under any other policy or certificate of insurance applying prior to the inception of this Policy;

Other insurance 10

in respect of which You are entitled to indemnity under any other insurance except in respect of any excess beyond the amount which is payable under such other insurance had this Policy not been effected;

Geographical limits 11

in respect of work carried out in the United States of America, its territories and possessions, and in Canada;

Legal action 12

in respect of an action for damages:

a brought outside the Jurisdiction stated in the Schedule (the “Jurisdiction”) (including the enforcement within the Jurisdiction of a judgment or finding of another court or tribunal that is not within the Jurisdiction);

b in which it is contended that the governing law is outside the Jurisdiction;

c brought outside the Jurisdiction to enforce a judgment or finding of a court or other tribunal in any other jurisdiction.

Where no Jurisdiction is specified in the Schedule then the Jurisdiction will be Worldwide but excluding: 1. the United States of America, its territories and/or possessions; or

2. Canada;

Fines and penalties 13

for penalties, fines, multiple, exemplary, liquidated or other non-compensatory damages awarded other than in actions brought for defamation as far as they are covered by this Policy provided that this clause will not operate to exclude or limit the scope of indemnity provided by Insuring Clause 1 c;

Claims by financially associated persons or entities 14

made upon You by any Financially associated

person or entity whether alone or jointly with any

other person or entity. However, this exclusion will not apply to any claim brought against such Financially

associated person or entity by an independent third

party and which would, but for this exclusion, be covered by this Policy;

Retroactive date 15

made by or against You arising from any act or omission that occurred prior to the Retroactive date stated in the Schedule;

Radioactive contamination or explosive nuclear 16

assemblies

directly or indirectly caused by or contributed to by or arising from:

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a ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or

b the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

Excess 17

for an amount less than the Excess. The Excess will be deducted from each and every claim paid under this Policy;

War 18

arising directly or indirectly out of, happening through or in consequence of, war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority;

Terrorism 19

arising directly or indirectly out of, happening through or in consequence of any act or acts of force or violence for political, religious or other ends directed towards the overthrowing or influencing of any government, or for the purpose of putting the public in fear by any person or persons acting alone or on behalf of or in connection with any organisation;

In the event of any dispute as to whether or not this exclusion applies You will have the burden of proving that this exclusion does not apply;

Asbestos 20

arising directly or indirectly out of or resulting from or in consequence of or in any way involving asbestos or any materials containing asbestos in whatever form or quantity.

In the event of any dispute as to whether or not this exclusion applies You will have the burden of proving that this exclusion does not apply;

Other appointments 21

made against any You in the capacity of director or officer of You or any other company or arising out of the management of You or any other company;

Trading losses 22

arising out of :

a any trading loss or trading liability incurred by any business managed or carried on by You (including the loss of any client account or business), provided that this exclusion will not apply to any claims made against You for negligence in the normal course of Your conduct of any

receivership or procedures under the Insolvency Act 1986;

b the actual or alleged over-charging or improper receipt of fees by You;

Virus 23

arising directly or indirectly from any Virus;

Patents 24

notwithstanding Insuring Clause 1, arising directly or indirectly from the infringement of any patent;

Insured against Insured 25

made by any person comprising You against any other person comprising You save for any claim made for reimbursement pursuant to General Condition 3 to this Policy;

Directors and officers 26

made against You in the capacity of director, company secretary or registrar of any company save in respect of performance (or non-performance) of Services;

Claims by insurance companies 27

made against You by any underwriter or insurance company arising out of Your activities as their insurance agent unless the underwriter or insurance company has obtained a judgement in any court against You notwithstanding anything to the contrary in Notification and Claims Conditions 1 and 2 to this Policy;

Investment warranties 28

arising out of the giving of any express or implied warranty or guarantee relating to the financial return of any investment or portfolio of investments.

Deliberate acts 29

arising directly or indirectly from any deliberate or reckless breach, act, omission or infringement committed, condoned or ignored by You except as covered under Insuring Clause 1 as a result of a dishonest fraudulent or malicious act or omission of any former or present Employee.

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NOTIFICATION AND CLAIMS

CONDITIONS

Claim/Circumstance notification 1

As conditions precedent to Your right to be indemnified under this Policy You:

1.1. will inform Us as soon as possible, and in any event within 28 days (provided always that such notification is received by Us before the expiry of the Period of insurance) of the receipt, awareness or discovery of:

a any claim made against You;

b any notice of intention to make a claim against You;

c any Circumstance;

d the discovery of reasonable cause for suspicion of dishonesty or fraud.

Such notice having been given as required in b, c or d above, any subsequent claim made will be deemed to have been made during the Period of insurance; 1.2. will not, in the event of a claim, or the discovery of

information which may give rise to a claim, admit liability for or settle any claim, or incur any costs or expenses in connection therewith, without the written consent of Us; and

1.3. will, as soon as practicable given the circumstances, give all such information and assistance as We may require and provide Your full co-operation in the defence or settlement of any such claim.

Every letter of claim, writ, summons or process and all documents relating there to and any other written notification of claim will be forwarded, unanswered, to

Us immediately they are received. You will at all times,

in addition to Your obligations set out above, afford such information to and co-operate with Us to allow Us to be able to comply with such relevant Practice Directions and Pre-Action Protocols as may be issued and approved from time to time by the Head of Civil Justice.

Conduct of claims 2

2.1 Following notification under condition 1 above We will be entitled at Our own expense to take over and within Our sole discretion to conduct in Your name the defence and settlement of any such claim.

Nevertheless neither You nor Us will be required to contest any legal proceedings unless a Queens Counsel (to be mutually agreed upon by You and Us) will advise that such proceedings should be contested.

2.2 We may at any time in connection with any claim made, pay to You the Indemnity limit (after deduction of any sums already paid) or any lesser sum for which, in Our sole opinion, the claim can be settled and upon such payment being made

We will relinquish the conduct and control of and

have no further liability in connection with the claim. For the avoidance of doubt We will have no liability to pay Defence costs and expenses incurred after the date upon which any such payment is made.

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GENERAL CONDITIONS

Policy construction and disputes 1

Any phrase or word in this Policy and the Schedule will be interpreted in accordance with the laws of England and Wales. The Policy and the Schedule will be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy or the Schedule will bear such specific meaning wherever it may appear.

The choice of law governing this Policy and of tribunal to determine any dispute will be determined by reference to the location of You. In the event that You have offices in more than one jurisdiction then the choice of law and tribunal will be determined by reference to the office most closely connected with the claim giving rise to any dispute. Accordingly

English/Scottish/Irish Law (as may be appropriate) governs this Policy. In the event of any dispute arising between You and Us concerning this Policy, subject to General Condition 9 below, the parties submit to the courts of England and Wales/Scotland/Ireland (as may be appropriate) who will have exclusive jurisdiction to determine any such dispute.

Waiver of subrogation against Employees 2

We will not exercise any right of subrogation against

any former or present Employee, unless We will have made a payment brought about or contributed to by any act or omission of the Employee or former

Employee which was dishonest, fraudulent or

malicious or the Employee or former Employee conspired to commit or condoned any such dishonest, fraudulent or malicious act.

Dishonest or fraudulent act or omission 3

In the event of a loss or claim which involves the dishonest, fraudulent or malicious act or omission of any former or present partner, principal, director,

Employee or Alternate of You, You will, at Our

expense, take all reasonable action (including legal proceedings) to obtain reimbursement from such person concerned (and from any other person who may have conspired to commit or have condoned such act) or from the estate or legal representatives of such person(s). Any monies which but for such dishonest, fraudulent or malicious act or omission would be due to such person(s) from You or any monies held by You for such person(s) will be deducted from any amount payable under this Policy.

Fraudulent claims 4

If You will submit any claim knowing the same to be false or fraudulent as regards amount or otherwise this Policy will become void and all claims hereunder will be forfeited.

Contracts (Rights of Third Parties) Act 1999 5

You and Us are the only parties to this contract and no

other person has any rights 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. You will not assign or transfer Your rights under the Policy without Our written agreement.

Cancellation 6

This Policy may be cancelled by or on behalf of Us by fourteen days’ notice given in writing to You on the basis of Our receiving or retaining payment of premium pro rata to the period that We will have been on risk.

Invalidity 7

If any provision of this Policy is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable this will not affect the other provisions of this Policy which will remain in full force and effect.

Notices 8

Notice will be deemed to be duly received in the course of post if sent by pre-paid letter post properly

addressed to:

a in the case of You, to Your last known address

b in the case of Us, to U K Insurance Limited and/or such other authorised by Us as U K Insurance Limited may contract to underwrite any part of this Policy.

Arbitration 9

Save as provided in Notification and Claims Condition 2.1, any dispute or disagreement between You and Us arising out of or in connection with this Policy will be referred to arbitration before a sole arbitrator (to be mutually agreed upon by You and Us or failing agreement to be appointed by the President of the Institute of Chartered Accountants in England and Wales/of Scotland/in Ireland as applicable) whose decision will be final and binding on both parties. Furthermore, in the event of any dispute between any insurers concerning this insurance, such dispute will be referred to arbitration before a sole arbitrator, to be mutually agreed upon or, failing agreement, to be appointed by the President for the time being of the Institute of Chartered Accountants (in England and Wales/of Scotland/in Ireland as applicable) whose decision will be binding on both parties.

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Difference in conditions 10

In the event that there is any conflict between the terms and conditions of this Policy and those of the Approved Wording contained in any Prospectus for Approved Insurers or similar document issued by Your relevant governing professional body then:

a those terms and conditions contained in the Approved Wording which are more favourable to

You will take precedence over any terms and

conditions contained in this Policy; and

b the Indemnity limit will be the lower of (a) the minimum limit of indemnity required to be provided by Your relevant governing professional body or (b) the sum(s) stated in the Schedule.

Institution compensation fund 11

If Your relevant governing professional body (the “Institute”) becomes subrogated to Your rights under this Policy arising from its making a payment to a third party from the Institute’s Compensation Fund, the Institute will be deemed hereby to rank as a preferential creditor and its claim will have priority over any other party who may also become subrogated to Your rights hereunder.

Reasonable steps to avoid loss 12

Without prejudice to the Notification and Claims Conditions in this Policy, You will take all reasonable steps to avoid or mitigate any loss, damage or liability that may result in any claim or Circumstance notifiable under this Policy.

Sanctions and Embargo 13

We will not be deemed to provide cover and will not be

liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose

Us to any sanction, prohibition or restriction under

United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, Japan, United Kingdom or United States of America.

(11)

Important Information

Your right to cancel

If, after buying your policy, you decide that the cover does not meet your needs please return all your documents within 14 days of receiving them or of the start date of the policy (whichever is later) to Customer Relations Team at Direct Line for Business, PO Box 106, 37 Broad Street, Bristol BS99 7NQ and we will refund any premium you have paid, providing that you have not made any claim. If you cancel your policy after that time we will refund any premium paid for the remaining period of insurance on a pro rata basis, providing that you have not made any claim during the current period of insurance.

How to make a claim

Professional Indemnity Claims are managed in partnership with HCC International

To make a claim, email dl4bpiclaims@hccint.com

How to complain

If you need to complain, please call us on our priority number 0800 051 0538/01239 636082. If your complaint is about a claim please contact your claims handler whose details will be shown in your claims documents.

If you want to complain in writing, send your letter to one of the following:

a For complaints about claims, the Technical Operations Manager at the address shown in your claims documents;

b For other complaints, the Customer Relations Team at Direct Line for Business, Churchill Court,

Westmoreland Road, Bromley BR1 1DP.

If we cannot settle the matter with you, you may refer your complaint to the Financial Ombudsman Service (FOS). Their address is:

Exchange Tower, London E14 9SR

phone number 0800 023 4567 or 0300 123 9123.

Details about our Regulator

U K Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 202810. The Financial Conduct Authority website, which includes a register of all regulated firms, can be visited at www.fca.org.uk, or the Financial Conduct Authority can be contacted on 0800 111 6768. Whoever you are contacting, please always quote your Policy Number as it will help your enquiry or complaint be dealt with promptly.

Details of Financial Services Compensation Scheme

Under the Financial Services and Markets Act 2000, should the company be unable to meet all its liabilities to

policyholders, compensation may be available. Insurance advising and arranging is covered for 90% of the claim without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Information can be obtained on request, or by visiting the Financial Services Compensation Scheme website www.fca.org.uk.

Automatic Renewals

We may automatically renew your policy on the renewal date. If we plan to automatically renew your policy, we will let you know we are planning to do this before your cover ends together with sending you details of the renewal premium. If you do not want to renew this policy, you should let us know before the renewal date.

English Language

We have supplied this Agreement and other information to you in English and we will continue to communicate with you in English.

Statement of Needs

We have not given you a personal recommendation as to whether this policy is suitable for your specific needs

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Direct Line For Business

Privacy Notice

At Direct Line we are aware of the trust you place in us when you buy our products and our responsibility to protect your information.

This notice describes who we are, why we need to collect your information and how we will use it.

We will tell you who we share your information with and how we use it to improve the service we provide to our

customers.

1 – Privacy

Why we need your information

We need your information and that of others you name on the policy to give you quotations, and manage your

insurance policy, including underwriting and claims handling. Your information comprises of all the details we hold about you and your transactions and includes information we obtain about you from third parties. We will only collect the information we need so that we can provide you with the service you expect from us.

How we will use your information and who we will share it with

Direct Line insurance policies are underwritten by U K Insurance Limited (UKI). When you give us your information, it will be used and shared within the UKI owned brands. We will do that in order to provide you with the best possible products and service experience.

For a full list of our brands please visit

www.directline.com/legal/security.htm

During the course of our dealings with you we may need to use your information to:

• Assess financial and insurance risks,

• Prevent and detect crime including anti-money laundering and financial sanctions,

• To comply with our legal and regulatory obligations,

• Develop our products, services, systems and relationships with you,

• Record your preferences in respect of products and services,

• Recover any debt or if you have any outstanding debt from previous dealings with us we will only offer you a policy upon settlement of the full outstanding amount,

• Review our records for signs of any previous fraudulent activity which may affect our ability to offer you cover. In carrying out the actions above we may:

• Use the information we hold in our system about you and that of others named on the policy (for example named drivers, joint policy holders),

• Share the information with agencies that carry out certain activities on our behalf (for example marketing agencies or those who help us underwrite your policy),

• Use and share your information with our approved suppliers where this is reasonably required to help deal with your claim or let you benefit from our policyholder services, including with our credit hire providers and legal advisors,

• Disclose some of your information and that of others named on the policy to other Insurers, third party underwriters, reinsurers, credit reference, fraud prevention, regulators and law enforcement agencies and other companies that provide service to us or you. We do not disclose your information to anyone outside the Group except where:

• We have your permission,

• We are required or permitted to do so by law,

• We may transfer rights and obligations under this agreement.

Where we transfer your information

From time to time we may require services from suppliers that are based worldwide and your information will be shared with them for the purposes of providing that service. Where we engage these suppliers we make sure that they apply the same levels of protection, security and

confidentiality we apply. However, such information may be accessed by law enforcement agencies and other

authorities to prevent and detect crime and comply with legal obligations.

Employers’ Liability Tracing Office (ELTO)

We are also required to supply Employers’ Liability insurance policy details to the Employers’ Liability Tracing Office (ELTO). These details will be added onto the Employers’ Liability Database (ELD), which will be managed by ELTO. This database will be accessible by any claimants, and will assist claimants who have suffered an employment related injury or disease arising out of their course of employment in the UK, to find Insurer that was providing Employers’ Liability cover during their relevant period of employment and also to find the relevant Employers’ Liability insurance policies.

Sensitive Information

Some of the personal information we ask you for may be sensitive personal information, as defined by the Data Protection Act 1998 (such as information about health or criminal convictions). We will not use such sensitive personal data about you or others except for the specific purpose for which you provide it and to provide the services described in your policy documents.

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Dealing with other people

It is our policy to deal with your spouse or partner who calls us on your behalf, provided they are named on the policy. Please tell us who they are when you take out your policy. If you would like someone else to deal with your policy on your behalf on a regular basis please let us know. In some exceptional cases we may also deal with other people who call on your behalf, with your consent. If at any time you would prefer us to deal only with you, please let us know.

Keeping you informed

From time to time we may contact you with special offers or suggest products which may be of interest to you. If you would like not to receive any of these updates you can ask us to stop at any time. You can do that by simply calling our customers services department or by writing to Data

Protection Officer at UKI, Churchill Court, Westmoreland

Road, Bromley BR1 1DP.

From time to time we may need to change the way we use your information. Where we believe you may not reasonably expect such a change we will write to you. When we do so, you will have 60 days to object to the change but if we do not hear from you within that time you consent to that change.

2 – Fraud Prevention and Anti-Money Laundering

Please take time to read the following as it contains important information relating to the details you have given or should give to us. You should show this notice to anyone whose data has been supplied to us in connection with your policy. To prevent and detect fraud we may at any time: Share information with other organisations and public bodies including the police although we only do so in compliance with the Data Protection Act 1998. Check and/or file details with fraud prevention agencies and databases and if we are given false or inaccurate information and we identify fraud, we will record this. We and other organisations may also use and search these agencies and databases from the UK and other countries to:

• Help make decisions about the provision and

administration of insurance, credit and related services for you and Members of your household.

• Trace debtors or beneficiaries, recover debt, prevent fraud, and to manage your accounts or insurance policies.

• Check your identity to prevent money laundering, unless you provide us with other satisfactory proof of identity.

Law enforcement agencies may access and use this information.

We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

• Checking applications for, and managing credit and other facilities and recovering debt.

• Checking insurance proposals and claims.

Checking details of job applicants and Employees. We, and other organisations that may access and use information recorded by fraud prevention agencies, may do so from other countries. We can provide the names and addresses of the agencies we use if you would like a copy of your information held by them. Please contact: Data Protection Officer at UKI, Churchill Court, Westmoreland Road, Bromley BR1 1DP quoting your reference. The agencies may charge a fee.

Financial Sanctions

We will use information about you and that of others named on policy to ensure compliance with financial sanctions in effect in the UK and internationally. This will include the checking of your information against the HM Treasury list of financial sanctions targets as well as other publically available sanctions lists. Your information and that of others named on policy may be shared with HM Treasury and other international regulators where appropriate. You may also be contacted in order to provide further details in order to ensure compliance with Financial Sanctions requirements.

Credit Reference Agencies

We carry out a consumer search when any application for insurance is submitted to evaluate insurance risks. This is done only using the data that is publically accessible on your credit file (i.e. bankruptcy, CCJ and electoral roll

information). Information about access to the public part of your credit file is automatically deleted after 12 months and in no way affects your ability to obtain credit.

You will have been asked to agree to this when you first contacted us but please ensure that you only provide us with sensitive information about other people with their consent.

Access to your information

You have the right to see the information we hold about you. This is called Subject Access Request. If you would like a copy of your information, please write to:

Data Access Team at UKI, Churchill Court, Westmoreland

Road, Bromley BR1 1DP quoting your reference. A fee may be payable.

(14)

DL4B 0715

Buy online at directlineforbusiness.co.uk

Direct Line shall also be happy to send you any of our

brochures, letters or statements in Braille, large print or

audio, upon request.

Direct Line insurance policies are underwritten by U K Insurance Limited. Registered office: The Wharf, Neville Street Leeds LS1 4AZ. Registered in England and Wales, Company No. 1179980. U K Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Calls may be recorded.

f o r b u s i n e s s

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