WHEREAS the Insured named in the Schedule hereto has made a Proposal which shall be the basis of this Contract and shall be deemed to be incorporated herein and has paid or agreed to pay the premium stated in the Schedule this Policy witnesses that the Insurance here in after contained has been effected for the Period of Insurance stated in the Schedule with ‘The Honourable Insurance Company Ltd.’*, hereinafter called ‘the Company’. NOW this policy witnesses that subject to the terms and conditions hereinafter contained or endorsed hereon the Company will indemnify the Insured against liability at law for damage sand claimant’s costs and expenses in respect of death bodily injury or disease caused duringany Period of Insurance to any Employee arising out of and in the course of employment by the Insured in the Business within the Geographical Limits provided that in respect of death bodily injury or disease sustained or contracted outside Great Britain Northern Ireland the Isle of Man the Island of Jersey the Island of Alderney or the Island of Guernsey the action for damages is brought against the Insured in a court of law in such territories. The indemnity provided by this policy is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability to employees in the Republic of Ireland Great Britain Northern Ireland the Isle of Man the Island of Jersey the Island of Alderney or the Island of Guernsey. The Insured shall repay to the Company all sums paid by the Company which the Company would not have been liable to pay but for the provisions of such law. It is further understood and agreed that where any contract or agreement entered into by the Insured with any public authority company firm or person (hereinafter called ‘the principal’)so requires the Company shall.
Appendix DSPECIMENEMPLOYER’S LIABILITY INSURANCEWHEREAS the Insured named in the Schedule hereto has made a Proposal which shall be the basis of this Contract and shall be deemed to be incorporated herein and has paid or agreed to pay the premium stated in the Schedule this Policy witnesses that the Insurance here in after contained has been effected for the Period of Insurance stated in the Schedule with ‘The Honourable Insurance Company Ltd. hereinafter called ‘the Company .NOW this policy witnesses that subject to the terms and conditions hereinafter contained or endorsed hereon the Company will indemnify the Insured against liability at law for damage sand claimant’s costs and expenses in respect of death bodily injury or disease caused during any Period of Insurance to any Employee arising out of and in the course of employment by the Insured in the Business within the Geographical Limits provided that in respect of death bodily injury or disease sustained or contracted outside Great Britain Northern Ireland the Isle of Man the Island of Jersey the Island of Alderney or the Island of Guernsey the action for damages is brought against the Insured in a court of law in such territories. The indemnity provided by this policy is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability to employees in the Republic of Ireland Great Britain Northern Ireland the Isle of Man the Island of Jersey the Island of Alderney or the Island of Guernsey. The Insured shall repay to the Company all sums paid by the Company which the Company would not have been liable to pay but for the provisions of such law. It is further understood and agreed that where any contract or agreement entered into by the Insured with any public authority company firm or person (hereinafter called ‘the principal’)so requires the Company shall(a) indemnify the Insured against liability arising in connection with and assumed by the Insured by virtue of such contract or agree mentor (b) indemnify the Principal in like manner to the Insured in respect of the Principals liability arising from the performance of such contract or agreement. but only as far as concerns liability as defined in this Policy to an Employee of the Insured provided always that the conduct and control of all claims is vested in the Company. The Company will also pay.
EXCEPTION
The Company shall not be liable in respect of any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from(a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel(b) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof where such liability is(i) the liability of any Principal(ii) assumed by the Insured under agreement and would not have attached in the absence of such agreement.
EXTENSION
This Policy subject to its terms and conditions indemnifies
a) any Employee being a member of the Insured’s first-aid or medical organisation (other than a qualified medical practitioner) against liability at law for damages and claimant’s costs and expenses in respect of medical or surgical treatment given to any other Employee in connection with any bodily injury death or disease sustained by such other Employee and arising out of and in the course of employment in the Business(i) (b) the insured in respect of bodily injury or disease sustained by Employees when engaged in private duties (including duty as chauffeur) for Directors Partners and Senior Officials of the Insured.in like manner to the Insured any Director Partner or Senior Official of the Insured in respect of the employment on private business duties (including duty as chauffeur)of any Employee by such person provided always that the Insured shall have arranged with such person for the conduct and control of all claims to be vested in the Company and that such person shall as though he were the Insured observe fulfil and be subject to the terms and conditions of this Policy in so far as they can apply.
INTERPRETATIONS
For the purposes of this Policy
‘Proposal’ shall mean any signed proposal form and declaration and any information supplied by or on behalf of the Insured in addition thereto or in substitution therefore2. ‘Employee’ shall mean any(a)person under a contract of service or apprenticeship with the Insured While working for the Insuredin connection the Business(b) labour master and persons supplied by him(c)person employed by labour only sub-contractors(d)self employed person with(e)person hired from any public authority company firm orindividual3. ‘Business’ shall include the provision and management of canteens social sport and welfare organisations for the benefit of the Insured’s employees and first aid fire and ambulance services.
ENDORSEMENT ‘XYZ
This Policy does not indemnify the Insured in respect of any claim arising in connection with:-(a) the making of sewers or other excavations exceeding in any part a depth of ten feet from the surface(b) the use of explosives(c) quarrying tunnelling demolition water diversion pile driving dam construction or work within or behind dams. the construction alterations or repair of buildings involving the use at any time of mechanically-driven lifts cranes or hoists other than those designed for a maximum load not exceeding two tons(e) the construction alteration or repair of towers steeples chimneys shafts viaducts bridges docks or wells.
CONDITIONS
The Policy and Schedule shall be read together and any word or expression to which as pecific meaning has been given shall bear such meaning wherever it may occur.2. The Insured shall give written notice to the company as soon as possible after receiving information of any claim or loss or any occurrence for which there may be liability under this Policy with full particulars thereof. Every letter claim writ summons and process shall be forwarded to the Company on receipt. No admission offer promise payment orindemnity shall be made or given by or on behalf of the Insured without the written consent of the Company which shall be entitled to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in the name of the Insured for its own benefit any claim and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such assistance as the Company may require.3. If at any time any claim arises under this Policy the Insured is or would but for the existence of this Policy be entitled to indemnity under any other policy or policies the Company shall not be liable except in respect of any excess beyond the amount which would have been payable under such other policy or policies had this insurance not beeneffected.4. The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wages salaries and other earnings paid by the Insured to employees during each Period of Insurance. The name of every employee together with the amount of wages salary and other earnings shall be properly recorded and the Insured shall at all times allow the Company to inspect such records and shall supply the company with a correct amount of all such wages salaries and other earnings paid during any Period of Insurance within one month from the expiry date of such Period of Insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company or by a refund by the Company as the case may be.5. The Company may cancel t his Policy by sending seven days notice to the Insured at the Insured’s last known address. The Insured shall thereupon become entitled to aproportionate return of premium. The due observance and fulfilment of the terms and conditions of this Policy by the Insured insofar as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company to make any payment under the Policy.7. The Insured shall take all reasonable precautions to prevent accidents and disease.
THE POLICY DOES NOT COVER:
Any liability, loss or damage directly or indirectly occasioned by or happening through or inconsequence of:(a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war(b) Rebellion, revolution, insurrection, military or usurped power or confiscation ornationalisation or requisition or destruction of or damage to property by or under the order of any government or Public or Local Authority.
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