1034821
Transcript of 1034821
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1 PurPose of insurance
O the bai of thee tem ad coditio adthe Geeal Tem of Cotact (YL), PohjolaIace Ltd o A-Iace Ltd (heeiafte efeed to a the iace compay)detake to
– cove the loe efeed to de ectio3.1 ad the othe expee efeed toepaately i thee tem ad coditio,
– ivetigate the god fo ad amot of idemity,
– egotiate with the claimat, ad – appea i cot o pay the legal expee
if the claim lead to legal poceedig.
The iace cove the bie activitiepactied by the policyholde which weeotified to the iace compay whethe iace wa take ot ad which aeecoded i the iace policy (iedactivity).
2 TerriTorial scoPe ofinsurance
The iace i valid i Filad ad cocethe ied activitie codcted i the aeaof validity of the iace ad ay claimpoceed i accodace with the legilatioeffective theei.
3 coverable losses andresTricTions
3.1 c
The iace cove fiacial lo caed toa thid paty by the policyholde whe the loi ot coected to bodily ijy o mateialdamage.
Aothe peeqiite i that the policyholde iheld liable, accodig to cet legilatio, fo the lo de to a act committed o omiiothat occed dig the iace peiodeithe
– to policyholde’ cliet de a cotactmade with policyholde o
– to aothe peo de the poviio of
a pecial eactmet expely applied tothe ied activity.
3.2 rtt
3.2.1 Lo iced by policyholde The insurance does not cover any lossincurred by the policyholder.
3.2.2 Wok pefomed de cotactThe insurance does not cover any work done to correct the result of work based ona contract with a client or work redone, evenwhen performed by a party other than the
policyholder.
3.2.3 Employee ad pate The insurance does not cover any losscaused to an employee or equivalent of the
policyholder, or to a partner.
3.2.4 Bodily ijy ad mateial damageThe insurance does not cover bodily injury or material damage or any related financial loss.
Material damage is also deemed to includethe destruction of, damage to or loss of, for example, cash, securities, unused postagestamps, coupons, bills of exchange, cheques
and similar certificates of claim.
3.2.5 Paymet o acceptace of cahThe insurance does not cover any losscaused by miscalculations made in accepting cash or in making payments with it.
3.2.6 Cotactal liabilityThe insurance does not cover any loss tothe extent that the liability is based on a
provision of a client contract under whichthe policyholder has assumed greater liability than would apply to policyholder under current legislation in the samecontractual relationship in the absence of such contractual provision.
3.2.7 Liability to aothe compay de the
ame owehipThe insurance does not cover any lossincurred
– by a compay belogig to the amegop of compaie a the policyholde o
– by a compay de the ame athoity athe policyholde o the bai of a majoityholdig o othewie.
3.2.8 Lo caed wilflly o thogh goegligeceThe insurance does not cover any losscaused wilfully or through gross negligenceby the policyholder or another person onwhose behalf the policyholder is liable to
pay damages (see General Terms of Contract (YL), section 7).
The loss can be deemed to be caused wilfully or through gross negligence when,for instance, the act, operating method or omiio caig the lo iclded a majo ik of lo i view of the cicmtace.
3.2.9 FieThe insurance does not cover any fines or other similar sanctions.
3.2.10 Othe liability iaceThe insurance does not cover any losscoverable under another insurance held by the policyholder.
3.2.11 Immateial ightThe insurance does not cover loss or expensescaused by or in some manner resulting from aviolation of immaterial rights.
4 safeTy regulaTions
4.1The policyholde mt apply the commiioageemet tem ad coditio omallyapplied i the bie ecto (ee GeealTem of Cotact (YL), ectio 6.1).
4.2 The policyholde hall, whe igexteal evice povide fo detakig a
commiio, obligate them to take ot fiaciallo liability iace ad have them keep theiace valid.
4.3 The policyholde hall alo comply with theafety eglatio ecoded i the iacepolicy o othewie ied i witig.
5 claims seTTlemenT
5.1 ot t p
The iace compay hall ivetigate whethe the policyholde i liable to pay damage fo ayepoted lo coveed de the iace, fo the pat exceedig the dedctible, ad hallegotiate with the claimat.
If the policyholder makes good the loss, agreesthereon or accepts the claim, this will not bebinding on the insurance company, unlessthe amount and basis of the damages aremanifestly correct.
If the insurance company has reached anagreement on compensation with the party who has suffered a loss coverable under theinsurance, and the policyholder does not agree to this, the insurance company will not be held liable to indemnify for any expensesincurred after the agreement was reached or for more than it would have been liable onthe basis of the above-mentioned agreement.Nor will the insurance company be under any obligation to conduct further investigations
into the matter.
5.2 ot t p
The policyholde hall – paticipate i the ivetigatio ito the lo
at policyholde’ ow expee, – povide the iace compay with all
ifomatio, docmet ad othe mateiali policyholde’ poeio elevat tothe ettlemet of the claim,
– obtainorconductanynecessaryclarifcationsad tdie available to policyholde at aeaoable expee, ad
– allow the iace compay theoppotity to help big abot a amicableettlemet.
LIABILITY InsurAnCE FOr FInAnCIAL LOssGeeal iace tem ad coditio
Valid a of Jaay 1, 2009
103 482 1 11.08
VA 03
Please pay special attention tothe restrictions printed in italics
Thi i a talatio of the oigial Fiih tem ad coditio,pecedece hold thee be ay diffeece betwee the oigial ad the talatio.
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6 legal Proceedings
If the claim fo damage lead to legalpoceedig ad i baed o god whichcotitte a lo coveable de the iace,the policyholde hall otify the iacecompay withot delay a oo a he/he habee ifomed abot the legal poceedig.
If the claim fo damage coce a lo that,a to it god ad qatm, i coveablede the iace, the iace compay
will pay the legal expee povided that – the otificatio of lo ha bee bmittedbefoe the tatemet of defece i give,ad
– the attoey i appoved by the iacecompay.
If the legal poce alo coce othe ie,the iace hall oly cove the pat of theexpee iced fom the claim coveed bythe iace.
The iace compay i alway etitledto ame the policyholde’ defece at thelegal poceedig.
7 indemnificaTion regulaTions
7.1 d
The iace cove the damage fo whichthe policyholde i liable. The amot of damage i calclated accodig to damageeglatio ad legal pactice.
If several parties are jointly responsible for the same loss, the insurance shall only cover the part of the loss that corresponds to the
policyholder’s share of the liability. If noother grounds exist, the indemnity is paid per capita.
7.2 ct t t p
The ied i de obligatio to pevet
o limit the lo fom a impedig o actaliace evet (ee Geeal Tem of Cotact (YL), ectio 6.2). Thi obligatiooly coce meae that elimiate theimmediate theat of liability fo a lo caedto a thid paty bt ot ay fthe meae
afte the evet le thee meae aeepaately ageed o with the iacecompay. Cot iced fom ch eceaymeae ae compeated de theiace.
7.3 itt xp
The insurance also covers reasonable and necessary expenses incurred in settling claims, but not the investigation expensesfor which the policyholder is liable under
the insurance terms and conditions or that have not been specifically agreed on with theinsurance company.
Legal expenses are compensated as specified in section 6.
7.4 mx t t
The aggregate maximum amount of all indemnities paid for a single loss, including all expenses incurred from investigations,negotiations, interest payments and legal
proceedings, is the sum insured recorded in the insurance policy. Loss preventionexpenses are indemnified in accordance withsection 6.2 of the General Terms of Contract (YL).
The aggregate maximum cover provided for losses caused during one insurance period is double the sum insured recorded in theinsurance policy.
7.5 s
Losses caused by the same event or act of omission will be considered a singleloss event regardless of whether they arediscovered during one or more insurance
periods.
If such losses are discovered during different insurance periods, they will be attributed tothe insurance period in which the first losswas caused.
7.6 dt
For each and every loss, the policyholder’sdeductible specified in the insurance policy will be subtracted from the total amount of
indemnity, including any expenses incurred from loss prevention, investigations,negotiations, interest payments and legal
proceedings all calculated in accordancewith the insurance terms and conditions.
8 calculaTing The insurancePremium
If, owig to the ate of the biepactied, the iace pemim ca olybe etimated i advace, the fial pemim
will be detemied afte the expiy of theiace peiod, at which time the diffeecebetwee the fial pemim ad the advacepemim hall be paid immediately by o tothe policyholde.
If the policyholde doe ot, withi oemoth, povide the iace compaywith the ifomatio it ha eqeted fo theppoe of calclatig the fial iacepemim, the compay will be etitled to etthe fial pemim at a amot it coideeaoable.
itt t t t
Whe the policyholde eceive ifomatioo a lo o whe a claim fo damage
ha bee made, thi mt be otified tothe iace compay. no fixed fom ieqied fo bmittig the otificatio. Theotificatio hall, howeve, be made at theealiet oppotity. Lo otificatio fomae available fom all office of the iacecompay.A evet develop, the iace compaymt be povided with fthe ifomatio oay elevat facto that emege.
Ifomatio, mite, epot ad ay othe mateial available o the cae of the load the lo itelf mt be povided i thegeatet poible detail.
The ame ad addee of the paty o patie icig lo mt be ecoded o
that they may be cotacted.
Pleae ee alo ectio 6.2, 10.2 ad 10.3 of the Geeal Tem of Cotact (YL).
A-Iace Ltd, Lapimäetie 1, FI-00350 HelikiDomicile: Heliki, mai field of opeatio: iace bieThe compay ha bee eteed i the Fiih Tade regite, bie ID 1715947-2
Pohjola Iace Ltd, Lapimäetie 1, FI-00013 PohjolaDomicile: Heliki, mai field of opeatio: iace bieThe compay ha bee eteed i the Fiih Tade regite, bie ID 1458359-3