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(RE)INSURERS LIABILITY CLAUSE
(Re)insurers Liability several not joint
The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A
(re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the
proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of
any other (re)insurer that may underwrite this contract.
The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total
of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is
subject always to the provision concerning “signing” below.
In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each
member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the
proportions underwritten by all the members of the syndicate taken together). The liability of each member of the
syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is
not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any
other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street,
London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained
by writing to Market Services, Lloyd’s, at the above address.
Proportion of liability
Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in
the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken
together) is shown next to its stamp and is referred to as its “written line”.
Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to
be appended to this contract to show the definitive proportion of liability under this contract underwritten by each
(re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the
syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions
underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines
shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.
Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so
require this should be read as a reference to contracts in the plural.
LMA3333
SCHEDULE
Policy Number:
HUP16 1938428
Title of Assured:
EnviroSure client name recorded here; Professional Indemnity for professionals performing assessment, inspection & test, audit, evaluation, and consulting training services in the certification and accreditation
industries in Australia or New Zealand
Address of Assured:
Anywhere domiciled in Australia or New Zealand And elsewhere as declared in the Online application
Business of Assured:
EnviroSure client business profession recorded here; Professional activities of competently qualified personnel who are engaged to carry out their duties within the scope of their chosen field. The scope includes assessment, inspection & test, audit, evaluation, and consulting training services in the certification and accreditation industries. Acceptance criteria are reviewed prior to binding cover.
Wording:
EnviroSure Wording –Consulting professionals Professional Indemnity Insurance
Period of Insurance: Period of Insurance for Risks attaching during the Period:
From: EnviroSure Start date agreed recorded here To: EnviroSure End date agreed recorded here Both days inclusive at 4:00pm local standard time at principal address of the Assured As per schedule attached, each period to commence and expire at 4:00 pm local standard time at the address of the insured party.
Limit of Liability:
AUD$10,000,000 any one claim and AUD$20,000,000 in the aggregate including costs and expenses incurred in the investigation, defence or settlement of any claim.
The Excess:
AUD$2,000 each and every claim and in the aggregate including costs and expenses incurred in the investigation, defence or settlement of any claim
Retroactive Date: None
Conditions: This insurance will be effected on a shared Limit of Indemnity basis for all competently qualified personnel attaching during the Period of Insurance noted for a Total Limit of AUD$10,000,000 and one claim and AUD$20,000,000 in the aggregate. The AUD$10,000,000 Limit of Indemnity, Once exhausted, shall be reinstated automatically to AUD$20,000,000 provided that such a reinstated Limit of Indemnity shall only be available for payment of a Claim:
I. Which is covered under the Policy and arising from Claims made
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against any Assured during the Period of Insurance; and II. Wholly unconnected with any Claim previously notified under this
Policy and which do not arise out of the same originating source or cause or the same act, error or omission, or any series of acts, errors or omissions that are in any way related;
III. Which is in excess of the Limits of Indemnity applicable to any other valid insurance which provides cover in excess of the Limit of Indemnity and provide that the total amount payable by Underwriters shall be limited to twice the Limit of Indemnity specified in the Schedule.
Libel and Slander Extension Loss of Documents Extension (attached to Wording herein) NMA2918 War and Terrorism Exclusion Endorsement (attached to Wording herein) Asbestos & Toxic Mould Exclusion (attached to Wording herein) NMA 1686 Industries, Seepage, Pollution and Contamination Exclusion Clause No. 4 (attached to Wording herein) Several Liability Notice (attached to Wording herein) Endorsement 1 Trade Practices and Related Legislation (attached to Wording herein)
Base Premium:
As agreed by underwriters
Law and Jurisdiction:
Any dispute concerning the interpretation of this Policy shall be subject to the laws of Australia and to the exclusive Jurisdiction of the Courts of Australia.
Notice to be given to:
Blackmore Borley Limited 37-39 Lime Street London EC3M 7AY
Agreement Number:
HUP16 1938428
The Address of the FSA:
25 North Colonnade Canary Wharf London W14 5HS
The Address of the Complaints Department:
If your complaint cannot be resolved satisfactorily by your insurance advisor, please contact our Customer Relations Manager: Customer Relations Manager Hiscox Hiscox House Sheepen Place Colchester CO3 3XL United Kingdom
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This insurance complies with the Insurance Council of Australia’s General Insurance Code of
Practice.
Any enquiry or complaint relating to this insurance should be referred to the Coverholder shown
above in the first instance. If this does not resolve the matter or you are not satisfied with the way a
complaint has been dealt with, you should write to:
Lloyd’s Underwriters’ General Representative in Australia
Suite 2, Level 21
Angel Place
123 Pitt Street
Sydney NSW 2000
Telephone Number: (02) 9223 1433
Facsimile Number: (02) 9223 1466
Who will refer your dispute to the Complaints Department at Lloyd’s.
Complaints that cannot be resolved by the Complaints Department may be referred to the
Financial Ombudsman Service (UK). Further details will be provided at the appropriate stage of the
of the complaints process.
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ENVIROSURE WORDING
ENVIRONMENTAL CONSULTANTS PROFESSIONAL INDEMNITY INSURANCE
WHEREAS the person(s) or partnership or company named in the schedule (hereinafter referred to
as the Assured, which term shall include their executors or personal representatives) has submitted
a written proposal containing particulars and statements which (together with any other information
which may have been supplied) it is agreed shall be the basis of this contract and are to be
considered as incorporated herein and in consideration of the Premium stated in the schedule.
NOW THEREFORE, we, the Underwriters, hereby agree to indemnify the Assured up to but not
exceeding in the aggregate the Limit of Liability stated in the schedule for any sum or sums which
the Assured may become legally liable to pay arising from any Claim or Claims made against them
and notified to Underwriters during the Period stated in the schedule as a direct result of any
negligent act error or omission in the professional conduct of their Business, as submitted in the
proposal and stated in the schedule, by the Assured or any partner or any person employed by the
Assured.
FURTHER for the purpose of this insurance, 'Claim' means any of the following:
(a) a writ, statement of claim, summons, application or other originating legal or arbitral
process, cross-claim, counter claim or third or similar party notice served on the Assured;
and
(b) an oral or written demand for compensation made against the Assured.
FURTHER it is understood and agreed that the Underwriters will pay the costs and
expenses incurred with the Underwriters prior written consent in the defence and/or
settlement of any Claim. Such costs and expenses are inclusive of and not in addition to the
Limit of Liability.
PROVIDED ALWAYS THAT the Underwriters shall be liable only, in respect of any claim
hereunder, for that part of the Claim (which for the purpose of this clause shall be deemed
to include all costs and expenses incurred by Underwriters in investigating and defending
the Claim) which exceeds the amount stated as the Excess in the schedule. It being
understood and agreed that if any expenditure is incurred by the Underwriters which, by
virtue of this clause, is the responsibility of the Assured then such amount shall be
reimbursed to the Underwriters by the Assured forthwith.
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EXCLUSIONS
This insurance does not cover any liability whatsoever arising out of:-
1. The manufacture, construction, alteration, repair, servicing, treating of any goods or
products sold, supplied or distributed by or for and/or on behalf of the Assured.
2. Bodily Injury, Sickness, Disease or Death sustained by any person arising out of and in the
course of their employment by the Assured under a contract of service or apprenticeship
with the Assured.
3. Any Claim made against the Assured as a result of any dishonest, malicious, or illegal acts of
the Assured or their employees.
4. The ownership, use, occupation or leasing of property mobile and/or immobile by, to or on
behalf of the Assured.
5. Any Claim or Claims made or actions instituted within the United States of America or
Canada or any territories which come within the jurisdiction of the United States of America
or Canada. It also being understood that Underwriters have no liability to investigate or
defend the Assured against such Claim or Claims or be liable to enforce a judgement
obtained in any court of the United States of America or Canada or any territories which
come within the jurisdiction of the United States of America or Canada.
6. (a) Loss or destruction of or damage to any property whatsoever or any loss or
expenses whatsoever resulting or arising therefrom or any consequential loss
(b) Any legal liability or whatsoever nature
directly or indirectly caused by or contributed to by or arising from
(i) ionising radiations or contamination by radioactivity from any
nuclear fuel or from any nuclear waste from the combustion of
nuclear fuel
(ii) the radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof.
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8. Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared
or not), civil war, terrorist act, rebellion, revolution, insurrection or military or usurped
power.
9. Libel and Slander/Defamation.
10. Loss of Documents.
11. Any liability directly or indirectly assumed by the Assured under any contract, warranty,
agreement or guarantee, unless such liability would have attached to the Assured
notwithstanding such contract, warranty, agreement or guarantee.
12. Any fines, penalties, punitive or exemplary damages.
13. Any liability for:
(a) Bodily Injury, sickness, disease or death or loss of, damage to, or loss of use of property
directly or indirectly caused by seepage, pollution or contamination, provided always
that this paragraph shall not apply to loss of or physical damage to or destruction of
tangible property, or loss of use of such property damaged or destroyed, where such
seepage, pollution or contamination is caused by a sudden, unintended and unexpected
happening during the period of this insurance where the same is as a direct result of
any negligent act, error or omission by the Assured in the professional conduct of their
Business.
(b) The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating
substances unless the seepage, pollution or contamination is caused by a sudden,
unintended and unexpected happening during the period of the Insurance where the
same is as a direct result of any negligent act, error or omission by the Assured in the
professional conduct of their Business.
14. Any negligence on the part of the Assured in connection with the estimate of construction
costs.
15. Any Claims for liability arising out of any failure to meet contractual requirements relating to
output, efficiency or durability, unless such failure relates to a negligent act, error or
omission by the Assured in the professional conduct of their Business.
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CONDITIONS
1. ASSUREDS DUTIES IN THE EVENT OF A CLAIM:
It is a condition precedent to Underwriters liability under this insurance that:
(a) Upon receipt by the Assured of a Claim or Claims, the Assured shall
immediately notify the person(s) named for that purpose in the schedule, for
transmission to the Underwriters of the Claim or Claims and shall provide full
information insofar as such information is in their possession.
This is a claims made Certificate. The Certificate does not provide cover for
circumstances which may give rise to a Claim, whether or not those circumstances
are notified to the Underwriters. The Assured may have statutory rights under
Section 40(3) of the Insurance Contracts Act, but those rights do not form part of the
Certificate.
(b) The Assured shall not admit liability for or settle or make or promise any payment in
respect of any Claim which may be the subject of indemnity hereunder or incur any
costs or expenses in connection therewith without the written consent of the
Underwriters who if they so wish shall be entitled to take over and conduct in the
name of the Assured the defence and/or settlement of any such Claim for which
purpose the Assured shall give all such information and assistance as the
Underwriters may reasonably require.
2. RETROACTIVE DATE: Where a Retroactive Date is specified in the schedule this insurance will
not apply to Claims made against the Assured by reason of any negligent act, error or
omission committed or alleged to have been committed prior to the said Retroactive Date.
3. AGREEMENT TO PAY CLAIMS: Underwriters agree to provide indemnity under this insurance
without requiring the Assured to dispute any Claim unless a Queen's Counsel (to be mutually
agreed upon by the Underwriters and the Assured) advises that the same could be contested
with a reasonable prospect of success by the Assured and the Assured consents to such
Claim being contested, but such consent is not to be unreasonably withheld. In the event of
any dispute arising between the Assured and the Underwriters as to what constitutes an
unreasonable refusal to contest a Claim at Law, the President for the time being of the
Professional Body of which the Assured is a member shall nominate a Referee to decide this
point (only) and the decision of such Referee shall be binding on both parties.
4. OTHER INSURANCE: If at the time any claim arises under this insurance the Assured is or
would but for the existence of this insurance be entitled to indemnity under any other
Certificate or Certificates, the Underwriters shall not be liable except in respect of any excess
beyond the amount which would have been payable under such other Certificate or
Certificates had this insurance not been effected.
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5. WAIVER OF SUBROGATION AGAINST EMPLOYEES: It is hereby agreed that if any payment is
made under this insurance in respect of a Claim and the Underwriters are thereupon
subrogated to all the Assured's rights of recovery in relation thereto the Underwriters shall
not exercise any such rights against any employee of the Assured unless the Claim has been
brought about or contributed to by the dishonest, fraudulent, criminal or malicious act or
omission of the employee.
6. FRAUDULENT CLAIMS: Subject to the Insurance Contracts Act, if the Assured shall make any
claim under the Certificate knowing the same to be false or fraudulent, as regards amount or
otherwise, the Underwriters can deny liability to the Assured in respect of the claim under
the Certificate.
7. AGREEMENT TO PAY LIMIT: It is hereby agreed that the Underwriters may at any time pay to
the Assured in connection with any Claims or series of Claims under this Certificate the Limit
of Liability (less any sums already paid) or any lesser sum for which such claims can be settled
and upon such payment the Underwriters shall not be under any further liability in respect of
such Claims.
8. GOVERNING LAW: This Certificate is governed by the laws of Australia.
9. JURISDICTION: The Underwriters and the Assured irrevocably and unconditionally submit to
the exclusive jurisdiction of the Courts of Australia.
Any summons notice or process to be served upon the Underwriters may be served upon
(Underwriters to insert details) who has authority to accept service and to enter an
appearance on Underwriters’ behalf.
10. CANCELLATION: Underwriters are entitled, by notice in accordance with the Insurance
Contracts Act 1984, to cancel this Certificate on the grounds set out in that Act.
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RJW 002
LIBEL AND SLANDER EXTENSION
Notwithstanding Exclusion 9 of the Certificate Wording, and subject otherwise to the terms, clauses
and conditions of this Certificate, the Underwriters will indemnify the Assured for all sums which the
Assured may become legally liable to pay for any libel or slander uttered by the Assured in their
professional capacity as stated in the Schedule, provided that this insurance shall not extend to any
matter contained in a journal or publication or in any communication or contribution to the Press,
Radio or Television.
All other Certificate Terms, Conditions and Exclusions remain unchanged
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RJW 003
LOSS OF DOCUMENTS EXTENSION
Notwithstanding anything contained herein to the contrary, it is understood and agreed that if
during the currency of this Certificate the Assured shall discover, and shall within seven days of the
date of discovery give written notice thereof to the Underwriters, that any Documents (as
hereinafter defined) the property of, or entrusted to, the Assured or any other Party or Parties to or
with whom such Documents have been entrusted lodged or deposited by the Assured in the
ordinary course of business have whilst within the limits of the Australia been destroyed or damaged
or lost or mislaid and after diligent search cannot be found this Certificate shall indemnify the
Assured for
(a) any liabilities of whatsoever nature which they may incur to Third Parties in
consequence of such Documents having been so destroyed, damaged, lost or
mislaid.
(b) all costs, charges and expenses of whatsoever nature incurred by the Assured in replacing
and/or restoring such Documents.
PROVIDED ALWAYS THAT
1. the amount of any claim for costs and expenses as above shall be supported by Bills, and/or
Accounts which shall be subject to approval by some competent person to be nominated by
the Underwriters with the approval of the Assured.
2. no liability shall attach hereto for any loss brought about or contributed to by the dishonesty
of any of the Assured's partners or employees.
3. on payment of any loss hereunder, the Assured shall subrogate to Underwriters their right of
procedure against any other person or persons for the recovery thereof.
4. Underwriters' liability in respect of any and all losses hereunder shall be limited to the sum of
AUD50,000.
5. the Excess as stated in the Schedule of the Certificate wording shall not apply to this Loss of
Documents Extension.
6. "Documents" shall mean Deeds, Wills, Agreements, Maps, Plans, Records, written or printed
Books, Letters, Certificates or written or printed Documents and/or Forms of any nature
whatsoever (excluding, however, any Bearer Bonds or Coupons, Bank or Currency Notes or
other negotiable paper) used in connection with the Assured's business as stated in the
Schedule.
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7. it is understood and agreed that the limit of liability under this Loss of Documents Extension
is in included in the limit of liability as stated in the Schedule.
8. for the purposes of this extension and no other the Excess is AUD500 each and every claim.
All other Certificate Terms, Conditions and Exclusions remain unchanged
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WAR AND TERRORISM EXCLUSION ENDORSEMENT
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is
agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with any of the following regardless of any
other cause or event contributing concurrently or in any other sequence to the loss;
1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or
2. any act of terrorism.
For the purpose of this endorsement an act of terrorism means an act, including but not
limited to the use of force or violence and/or the threat thereof, of any person or group(s) of
persons, whether acting alone or on behalf of or in connection with any organisation(s) or
government(s), committed for political, religious, ideological or similar purposes including the
intention to influence any government and/or to put the public, or any section of the public,
in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with any action taken in controlling, preventing,
suppressing or in any way relating to 1 and/or 2 above.
If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not
covered by this insurance the burden of proving the contrary shall be upon the Assured.
In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder
shall remain in full force and effect.
All other Certificate Terms, Conditions and Exclusions remain unchanged
08/10/01
NMA2918
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ASBESTOS & TOXIC MOULD EXCLUSION
This insurance does not cover any liability whatsoever arising directly or indirectly out of or resulting
from or in consequence of, or in any way involving:-
(a) Asbestos, or any materials containing asbestos in whatever form or quantity; or
(b) The actual, potential, alleged or threatened formation, growth, presence, release or
dispersal of any fungi, moulds, spores or mycotoxins of any kind; or
(c) Any action taken by any party in response to the actual, potential, alleged or threatened
formation, growth, presence, release or dispersal of fungi, moulds, spores or mycotoxins
of any kind, such action to include investigating, testing for, detection of, monitoring of,
treating, remediating or removing such fungi, moulds, spores or mycotoxins; or
(d) Any governmental or regulatory order, requirement, directive, mandate or decree that
any party take action in response to the actual, potential, alleged or threatened formation,
growth, presence, release or dispersal of fungi, moulds, spores or mycotoxins of any kind,
such action to include investigating, testing for, detection of, monitoring of, treating,
remediating or removing such fungi, moulds, spores or mycotoxins.
(e) Bodily Injury and/or property damage.
This exclusion does not apply where such claim was the result of a negligent act, error or omission in
the course of the Insured’s professional business as specified in the policy.
All other Certificate Terms, Conditions and Exclusions remain unchanged
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INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION EXCLUSION CLAUSE No. 4
(Approved by Lloyd’s Underwriters’ Non-Marine Association)
This Insurance does not cover any liability for:
1. (Personal Injury or Bodily Injury or loss of, damage to or loss of use of property directly or
indirectly caused by seepage, pollution or contamination.
2. The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating
substances.
3. Fines, penalties, punitive or exemplary damages.
This exclusion does not apply where such claim was the result of a negligent act, error or omission in
the course of the Insured’s professional business as specified in the policy.
22/1/70
NMA1686
All other Certificate Terms, Conditions and Exclusions remain unchanged
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SEVERAL LIABILITY NOTICE
The subscribing insurers’ obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
LSW1001 (Insurance) 08/94
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ENDORSEMENT 1
TRADE PRACTICES AND RELATED LEGISLATION
The Insurer agrees to indemnify the Insured against civil liability for compensation arising from any Claim made against the Insured under the terms of the Trade Practices Act 1974 (Commonwealth), the Fair Trading Act 1987 (NSW), the Fair Trading Act 1985 (Victoria) or similar legislation enacted by the other states or territories of the Commonwealth of Australia or the Dominion of New Zealand and any re-enactment thereof.
All other Certificate Terms, Conditions and Exclusions remain unchanged
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