SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses...

72
policy document HOLIDAY HOME INSURANCE Underwritten by Working together with Holiday Home Insurance

Transcript of SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses...

Page 1: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

policy documentHOLIDAY HOME INSURANCE

Underwritten by Working together with

Holiday Home Insurance

Page 2: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

2 POLICY DOCUMENT HOLIDAY HOMES

As a major property insurer for over 100 years, Ecclesiastical's pedigree in this field ofinsurance is second to none. Although we have expanded considerably throughout ourhistory, we have never lost sight of our objectives. We have complete faith in the products weprovide and in the skills and principles of the people who deliver them. We are committed toworking with our brokers to bring you a quality insurance policy with the highest possiblestandards of service.

We appreciate that no two holiday home ownership scenarios are alike and we havetherefore worked closely with your broker, Boshers Ltd, to ensure that the policy is designedwith the particular needs of owners of commercially let UK holiday homes in mind.

Holiday Home Insurance made easy by Ecclesiastical

Page 3: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 3

Contents

Introductions 4

– Claims enquiries 4

Helplines 5

Information services 6

General definitions 7

Insuring clause 8

General exclusions 9

General conditions 11

Claims conditions 14

Sections of the policy (each section is operative only if shown as insured in the schedule)

Section 1 – Property damage 15

Section 2 – Loss of income 29

Section 3 – Liabilities 36

Section 4 – Money with assault extension 46

Section 5 – Legal expenses 49

Section 6 – Terrorism 61

General endorsements 64

General information 66

– Complaints procedure 66

– The Financial Services Compensation Scheme (FSCS) 67

Page 4: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

4 POLICY DOCUMENT HOLIDAY HOMES

Please read this policy carefully toensure it meets your needs.

This policy document must be read with theschedule which shows the sections that arein force and the details of your cover.

How we will use your data

We hold data in accordance with the DataProtection Act 1998. It may be necessaryfor us to pass data to other organisationsthat supply products and services for thispolicy

Fraud prevention

We may check your details with variousfraud prevention and credit referenceagencies. If false or inaccurate informationis provided and fraud is identified, detailswill be passed to fraud prevention agencies.Law enforcement agencies may access anduse this information. If you make a claim,we will share your information (wherenecessary) with other companies to preventfraudulent claims.

For further information on how we use yourdata and fraud prevention please refer toour Privacy Policy atwww.ecclesiastical.com/privacypolicy

Claims enquiries

For claims other than legal expensesclaims call:

0345 603 8381 For new claims the service is available 24hours a day, 7 days a week.

For enquiries about existing claims, theservice is available from Monday to Friday8am to 6pm.

Alternatively a claim form can beobtained from Boshers on:

01237 427992For legal expenses claims call:

DAS Legal Expenses Insurance CompanyLimited

Please make sure that you are able to giveyour policy number shown on your policyschedule.

0345 268 9124

For all claims

The action to be taken by the policyholderin the event of any incident which may giverise to a claim is shown in the Claimsconditions.

Introduction

Page 5: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 5

In the event of a problem, you canobtain help from any of thefollowing helpline services. Theseare available 24 hours a day 365days a year for all ourpolicyholders.

Please make sure that you are able to giveyour policy number shown on your policyschedule.

Emergency glass replacement

0800 474747This is provided by Glassolutions Installation.If you suffer glass breakage you can callupon the services of GlassolutionsInstallation who will effect a rapid repair.

If you are insured for glass breakageGlassolutions Installation will issue twoseparate invoices, an invoice for you to cover the amount of any policy excess andrecoverable VAT and an invoice which is sent directly to us for the remaining costs.

If the glass is not insured you will be solelyresponsible for the entire cost of repairs.

The following are provided by DASLegal Expenses InsuranceCompany Limited (DAS).

To help them check and improve theirservices all calls (except those relating tocounselling) are recorded.

DAS will not accept responsibility if theHelpline Services fail for reasons they cannot control.

Business assistance

0345 268 9124In the event of an unforeseen emergencyaffecting your business premises whichcauses damage or potential danger DAS willcontact a suitable repairer or contractor andarrange assistance on your behalf.

You are responsible for paying contractors’fees, but if the damage is covered under your policy you will be able to submit a claimin the normal way.

Eurolaw commercial legal advice

0345 268 9124DAS can provide legal advice on anycommercial legal problem affecting thebusiness, under the laws of the membercountries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway.

Tax advice (commercial)

0345 268 9124DAS can provide advice on any tax mattersaffecting you, under the laws of the UnitedKingdom.

Counselling

0345 266 9667DAS can provide all your employees(including any member of their immediatefamily who permanently live with them) with a confidential counselling service over thetelephone, including where appropriate,onward referral to relevant voluntary and/orprofessional services.

Helplines

Page 6: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

6 POLICY DOCUMENT HOLIDAY HOMES

Employment manual

The DAS Employment manual provides up-to-date guidance on employment law.

To view the Employment manualplease visit the DAS website atwww.das.co.uk

From the Home Page click on theEmployment manual icon. You can print anypart of this document for your own use.

Email DAS [email protected] withyour email address, quoting your policynumber and DAS will contact you by emailto inform you of future updates to theinformation.

DAS businesslaw

At www.dasbusinesslaw.co.uk there isan online reference to help you run yourbusiness successfully. The material isupdated regularly by legal experts to helpyou keep your business one step ahead.

You can also access interactive documentbuilders, to help you compose commercialdocuments.

To register your details, access the DASbusinesslaw website atwww.dasbusinesslaw.co.uk

When asked for your policy number, pleaseinsert your Ecclesiastical policy numberprefixed with ‘EIG’ and the password isDAS472301

Information services Provided by DAS Legal Expenses Insurance Company Limited (DAS).

Page 7: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 7

Each time the following words or phrasesare used in this booklet they will be printedin bold italic type and will have the specificmeaning shown below unless morespecifically defined under each individualpolicy section.

Building(s)means the buildings of the premisesincluding landlord's fixtures and fittingsstatues fountains and hot tubs permanentlyfixed into the ground swimming poolstennis courts paths drives terraces patioswalls fences hedges and gates fixed aerialssatellite dishes wind turbines solar panelsyards car parks roads and storage tanks allon the same site.

Businessmeans your ownership of the premises asa commercial holiday let.

Computermeans computer or other equipment mediaor system (or part of them) for processingstoring or retrieving data to include withoutlimitation any microchip integrated circuit orsimilar device or any computer software.

Condition precedent to liabilitymeans a condition of this policy where non-compliance (provided that such non-compliance is material to the loss) shallmean the claim will not be paid and anypayment on account of the claim alreadymade by us shall be repaid to us.

Contentsmeans all household goods furniture andfurnishings fixtures and fittings contained inthe buildings of the premises which youown or for which you are responsibleexcluding guests’ and your personalbelongings.

In respect of books works of art televisionaudio/video equipment a £1,500 singlearticle limit and a maximum of £5,000 anyone property applies.

Damagemeans physical loss destruction or damage.

Excessmeans the amount you must pay towardsany claim.

Note if one incident results in a claim beingmade under more than one section of thispolicy only one excess (the higher amount)will apply.

Geographical limits means England Scotland Wales NorthernIreland the Channel Islands and the Isle ofMan.

Insured/you/yourmeans the Insured named in the schedule.

Insured propertymeans the insured property described inthe schedule.

Premisesmeans the buildings at the addressesshown in the schedule and the land withinthe boundaries belonging to them.

Unoccupiedmeans not lived in by you or any personauthorised by you.

We/our/usmeans Ecclesiastical Insurance Office plc.

General definitions

Page 8: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

8 POLICY DOCUMENT HOLIDAY HOMES

Insuring clause

This policy document and the scheduleincluding all clauses applied to the policyshall together form the policy and beconsidered as one document.

In consideration of payment of the premiumwe will provide insurance against loss,destruction, damage, injury or liability (asdescribed in and subject to the terms,conditions, limits and exclusions of thispolicy or any section of this policy)occurring or arising in connection with yourbusiness during the period of insurance orany subsequent period for which we agreeto accept a renewal premium.

Page 9: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 9

Excess

any excess

Other insurances

property more specifically insured underanother policy

Radioactive contamination

Loss, damage, liability or expense directly orindirectly caused by or contributed to by orarising from:(a) ionising radiation from or

contamination by radioactivity from anynuclear fuel or from any nuclear wasteor from the combustion of nuclear fuel;

(b) the radioactive, toxic, explosive or otherhazardous or contaminating propertiesof any nuclear installation, reactor orother nuclear assembly or nuclearcomponent thereof;

(c) any weapon or device employingatomic or nuclear fission and/or fusionor other like reaction or radioactiveforce or matter;

(d) the radioactive, toxic, explosive or otherhazardous or contaminating propertiesof any radioactive matter.

Part (d) does not extend to radioactiveisotopes other than nuclear fuel ornuclear waste when such isotopes areon the property insured and are beingprepared stored or used in the normalcourse of operations by you for thecommercial, agricultural, medical,scientific or other similar peacefulpurposes for which they wereintended;

(e) any chemical, biological, bio-chemicalor electromagnetic weapon.

However this exclusion does not apply tolosses arising from naturally occurringradioactive gases released from the earthsuch as Radon.

This exclusion does not apply to Cover 1 ofthe Liabilties section except in respect ofliability of any principal and liability assumedby agreement.

1

2

3

War risks

Loss or damage directly or indirectlyoccasioned by, happening through or inconsequence of war, invasion, act of foreignenemy, hostilities (whether war be declaredor not), civil war, rebellion, revolution,insurrection or military or usurped power.

This exclusion does not apply to Cover 1 ofthe Liabilities section.

Uninsurable risks

We will not cover the followingn The cost of maintaining buildings or

contents.n Damage that happened before cover

under this policy started or any loss ordamage caused deliberately by you.

n Damage caused by wear and tearatmospheric or climatic conditions (otherthan storm or flood) rot fungus insectsvermin or any gradual cause.

n Damage caused by faulty workmanshipmaterials specification or design.

n Damage caused by cleaning dyeingrepair or restoration.

n Mechanical or electrical breakdown.

Reduction in market value

We will not make any extra payment for areduction in the market value following arepair reinstatement or replacement paid forunder this policy.

Date recognition

Any claim directly or indirectly arising fromthe failure or possible failure of anycomputer

(a) correctly to recognise any date as itstrue calendar date

(b) to save and/or correctly interpret orprocess any data or command as aresult of treating any date other thanits true calendar date

(c) to save or correctly process any dataon or after any date

4

5

6

7

General exclusions

Page 10: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

but this shall not exclude subsequentdamage or consequential loss nototherwise excluded which itself results froma defined peril

Definitions specific to thisexclusion

Computer means computer or other equipment mediaor system (or any part of them) forprocessing storing or retrieving data toinclude without limitation any microchipintegrated circuit or similar device or anycomputer software

Defined peril means any of the insured events specifiedin any section(s) of this policy insuringproperty excepting

(a) accidental loss destruction or damageand (b) causes excluded from these insured

events

This exclusion does not apply to theLiabilities section and the Assault extensionof the Money section

Terrorism

Definitions specific to thisexclusion

Act of terrorism

In respect of

(a) England Wales and Scotland (butnot the territorial seas adjacentthereto as defined by the TerritorialSea Act 1987)means acts of persons acting onbehalf of or in connection with anyorganisation which carries out activitiesdirected towards the overthrowing orinfluencing by force or violence of HerMajesty’s government in the UnitedKingdom or any other government dejure or de facto.

8

(b) all other instancesmeans an act including but not limitedto the use of force or violence and/orthe threat thereof of any person orgroup(s) of persons whether actingalone or on behalf of or in connectionwith any organisation(s) orgovernment(s) committed for political,religious, ideological or similarpurposes including the intention toinfluence any government and/or toput the public or any section of thepublic in fear.

Any loss, damage, cost or expense directlyor indirectly caused by, contributed to by,resulting from or arising out of or inconnection with any act of terrorismregardless of any other cause or eventcontributing concurrently or in any othersequence to the loss.

This insurance also excludes loss, damage,cost or expense of whatsoever naturedirectly or indirectly caused by, resultingfrom or in connection with any action takenin controlling, preventing, suppressing or inany way relating to any act of terrorism.

If we allege that by reason of this exclusionany loss, damage, cost or expense is notcovered by this policy the burden of provingthe contrary shall be upon you.

This exclusion does not apply to thefollowing sections: Liabilities, Legalexpenses and Terrorism.

10 POLICY DOCUMENT HOLIDAY HOMES

Page 11: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 11

Policy voidable

You must ensure that a fair presentation ofthe risks to be insured is made to us.

In the event of misrepresentation,misdescription or non-disclosure of anymaterial fact or circumstance, we may voidthe policy and retain any premium paidwhere such misrepresentation,misdescription or non-disclosure isdeliberate or reckless.

Where such misrepresentation,misdescription or non-disclosure is notdeliberate or reckless we may at our option:(a) void the policy and refund to you any

premium paid if we would have notentered into this policy on any termshad clear representation, descriptionand disclosure been made;

(b) proportionately reduce the amount tobe paid on any claim if we would haveentered into this policy on the sameterms but for a higher premium. The reduction in claim payment willrepresent the percentage differencebetween the premium you have paidand the premium we would havecharged you had clear representation,description and disclosure been made;

(c) impose additional terms on this policyif we would have entered into thispolicy on such additional terms but atthe same premium had clearrepresentation, description anddisclosure been made.We may apply these additional termsto your policy with effect frominception.

Your duty of care

It is a condition precedent to liability that

(a) you take all reasonable steps toprotect and maintain the propertyprevent damage or injury and complywith laws by-laws or regulations;

(b) in respect of damage by Burst pipesor Water or oil you must ensure that

2

1the water tank and all exposedpipework in the loft is lagged.

Alteration of risk

If after the commencement of thisinsurance (a) there is any alteration which increases

the risk of damage accident or liability (b) the premises undergo major structural

alterations or major repair (that doesnot include where workmen areallowed on the premises to carry outminor repairs alterations or generalmaintenance not involving externalscaffolding)

(c) your interest ceases except by will oroperation of law

(d) an administrator or a liquidator orreceiver is appointed or where youenter into a voluntary arrangement

(e) the premises will be unavailable forletting due to refurbishment for aperiod exceeding 90 days

(f) the premises cease to be let to thegeneral public or there is any othermaterial change in use of thepremises

you must give notice to us as soon as isreasonably possible.

Upon any alteration as described above weshall be entitled to cancel the policy fromthe date of the alteration or impose specialterms and/or charge an additional premium.

Cancelling the policy

(a) Your right to cancel in thecooling-off period

If after insuring with us and receiving thefull written policy documentation includingthe schedule you subsequently changeyour mind you have 14 days to write to thesender confirming that you do not wish tocontinue. No charge will be made and anypremium you have already paid will berefunded. You may make a claim up to thedate you advise of your decision to cancelthe policy.

4

3

General conditions

Page 12: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

(b) Your right to cancel after thecooling-off period

If you do not cancel the policy within the14-day cooling-off period mentioned above,the policy is in force and you are committedto pay the premium. However, you can stillcancel the policy providing you give usnotice in writing. As long as you have notmade a claim you will receive a refund ofthe part of your premium which covers thecancelled period, providing this exceeds£15. If you have made a claim then the fullannual premium is due.

(c) Our right to cancelIn circumstances other than those in theAlteration of risk condition we may cancelthe policy or any section of it by sendingseven days’ notice by special delivery to youat your last known address and shall refundto you the proportionate premium for theunexpired period of cover.

Unoccupancy

It is a condition that whenever thepremises are left unoccupied you willarrange that the premises are inspected atleast every 14 days by you or by anauthorised person responsible to you.

In addition the following appliesbetween the months of October toMarch inclusive:

You will arrange that either:(a) the heating system is brought into

constant operation and a minimumroom temperature of not less than45°F or 7°C maintained throughout the property

or(b) the water is turned off at the stopcock

inside the premises and the domesticwater system drained and otherservices such as electricity and gasdisconnected (other than as necessaryto maintain the central heating orsecurity systems).

5

If you fail to fulfil the above conditionscover will be restricted to damage by Firelightning explosion earthquake and by anyaircraft flying object (or items dropped fromthem) vehicle train or animal colliding withthe buildings.

Fraudulent claims

If a claim made by you or anyone acting onyour behalf, or any other person claimingto obtain benefit under this policy, isfraudulent or exaggerated, whetherultimately material or not, or if any damageis caused by your wilful act or with yourconnivance we may at our option:(a) repudiate the claim;(b) recover any payments already made by

us in respect of the claim;(c) cancel the policy from the date of the

fraudulent act and retain the premiumdue for the unexpired period ofinsurance from the date of cancellationup to the renewal date.If we cancel the policy we will notifyyou in writing by special delivery toyour last known address.

Multiple insurances

(a) All sections except thosedetailed separately below

If at the time any claim arises under thispolicy there are any other insurances inforce covering the same damage or liabilitywe shall not be liable for more than ourrateable proportion and if such otherinsurance is subject to any condition ofunderinsurance this policy if not alreadysubject to any condition of underinsuranceshall be subject to that condition ofunderinsurance.

(b) Liabilities Legal expensesand Money sections(excluding the assaultextension)

If at the time of any claim arising under thispolicy you are or would but for theexistence of this policy be entitled to

7

6

12 POLICY DOCUMENT HOLIDAY HOMES

Page 13: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 13

indemnity under any other policy or policieswe shall not be liable except in respect ofany additional amount beyond the amountwhich would have been payable under suchother policy or policies had this insurancenot been effected.

Arbitration

Provided we have admitted liability for aclaim any dispute as to the amount to bepaid shall be resolved by arbitration inaccordance with the statutory provisions inforce at the time by

(a) an agreed arbitrator or if an arbitratorcannot be agreed

(b) an arbitrator appointed by theChartered Institute of Arbitratorsfollowing a request from either partyprovided they have given seven days’written notice to the other party

You must not take legal action against usover the dispute before the arbitrator hasreached a decision.

Sanctions

We shall not provide any cover under thispolicy or be liable to pay any claim orprovide any benefit to the extent that theprovision of such cover, payment of suchclaim or provision of such benefit wouldexpose us to any sanction, prohibition orrestriction under United Nations resolutionsor the trade or economic sanctions, laws orregulations of the European Union, UnitedKingdom or United States of America.

If any such sanction, prohibition orrestriction takes effect during the period ofinsurance you or we may cancel that partof this policy which is affected withimmediate effect by giving such notice inwriting.

In such circumstances, we shall return aproportionate premium for the unexpiredperiod of cover provided no claims havebeen paid or are outstanding.

8

9

Assignment

You shall not assign any of the rights orbenefits under this policy or any section ofthis policy without our prior written consent.We will not be bound to accept or beaffected by any notice of trust, charge, lienof purported assignment or other dealingwith or relating to this policy or any sectionof this policy.

Law applicable

This policy (other than the Legal expensessection) shall be governed by andconstrued in accordance with the law ofEngland and Wales unless the Insured’shabitual residence (in the case of anindividual) or central administration and/orplace of establishment is located inScotland in which case the law of Scotlandshall apply.

Rights of third parties

A person or company who is not a party tothis policy has no right under the Contracts(Rights of Third Parties) Act 1999 toenforce any term of this policy but this doesnot affect any right or remedy of a thirdparty which exists or is available apart fromthat Act.

12

11

10

Page 14: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

14 POLICY DOCUMENT HOLIDAY HOMES

Your duties

When an incident occurs that may result ina claim it is a condition precedent toliability that you shall

(a) take all practicable steps to recoverproperty lost and otherwise minimisethe claim

(b) tell the police as soon as is reasonablypossible if the damage is caused bythieves malicious persons vandals oras a result of riot civil commotionstrikes or labour disturbances

(c) tell us as soon as you become aware(d) within 30 days give us at your

expense any information we requireand continue to provide us with anyinformation and assistance we requirebefore or after we pay your claimunder the policy

(e) not make or allow to be made on yourbehalf any admission offer promisepayment or indemnity without ourwritten consent

(f) forward to us every letter claim writsummons and process immediatelyupon receipt withoutacknowledgement and advise us inwriting as soon as you have anyknowledge of any impendingprosecution inquest or inquiry inconnection with that event

Additional conditions apply to Legalexpenses cover which are detailed in thesection

Our rights

We may

(a) start take over defend and conduct anylegal action in your name

(b) prosecute in your name for our benefitany claim for indemnity or damages

We will have full discretion in the conductand settlement of any such action(c) enter any building where damage has

occurred and take and keeppossession of any property insured bythis policy

We will not accept property abandonedto us

This policy shall be proof that you haveauthorised our rights under thiscondition

(d) at any time pay to you the limit ofindemnity

(i) in the case of Employers’ liabilityclaims less any amount already paidor incurred

(ii) in the case of Public and productsliability claims less any amountalready paid or incurred asdamages

or any lesser amount for which at ourdiscretion any claim or claims can besettled

We will then relinquish control of the claimand have no further liability except for anyPublic and products liability claim (otherthan any claim originating from within thelegal jurisdiction of the United States ofAmerica or Canada or arising under theLegionellosis liability extension) we will alsopay any legal costs incurred prior to thedate of such payment

(e) in the case of Assault extension claimsinvolving the death of an insuredperson have a post mortem carried outat our expense

Additional conditions apply to Legalexpenses cover which are detailed in thesection

Claims conditions

Page 15: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 15

Property damage 1

What is covered

Damage to the insured property caused by anyinsured event.

What is not covered

Exclusions (i) to (vi) below are general exclusionsapplying to any claim made under the Propertydamage section.

(i) Any exclusion mentioned under the Generalexclusion Uninsurable risks.

(ii) Damage caused by pollution or contaminationother than provided for under the Loss of oilgas or water extension of this section but thisshall not exclude damage to the insuredproperty caused by

(a) pollution or contamination which itselfresults from any of the insured eventsother than Accidental damage.

(b) any of the insured events other thanAccidental damage which itself results frompollution or contamination.

(iii) Moveable property in the open except asspecifically provided for by any extension to thissection.

(iv) Consequential loss of any kind

(v) Damage to any electrical plant or apparatuscaused by self-ignition but this exclusion shallapply only to that part of the electrical plant orapparatus in which self-ignition occurs

(vi) Definitions specific to this exclusion

Datameans information represented or storedelectronically including, but not limited to, codeor series of instructions, operating systems,software, programs and firmware.

Your schedule will show if this section applies and the cover in force

Definitions

Each time any of the following words or phrases appear in this section in bold italic type (or in capital letters in theschedule) they will take the specific meaning shown below.

Where words or phrases are not highlighted in this manner the normal everyday meaning of the word or phrase will apply.

Insured event(s)means any insurable event (from 1 Fire lightning explosion or earthquake to 15 Sprinkler Leakage) set out asincluded in the schedule to this policy.

Page 16: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

16 POLICY DOCUMENT HOLIDAY HOMES

What is not covered

Failure of a systemmeans the complete or partial failure or inabilitywhether in terms of availability functionalityand/or performance or otherwise of a system,whether or not owned by you, to operate at anytime as desired, as specified or as required inthe circumstances of your business activities.

Microchip(s)means a unit of packaged computer circuitrymanufactured in small scale and made forprogram logic and/or computer memorypurposes and expressly includes integratedcircuits and microcontroller.

System(s)shall include computers, other computing andelectronic equipment linked to a computer,hardware, electronic data, processingequipment, microchips and anything whichrelies on a microchip for any part of itsoperation and includes for the avoidance ofdoubt any computer installation.

Virusmeans programming code designed to achievean unexpected unauthorised and/orundesirable effect or operation when loadedonto a system transmitted between systemsby transfer between computer systems vianetworks, extranets and internet or electronicmail or attachments thereto or via floppydiskettes or CD-ROMS or otherwise andwhether involving self-replication or not.

damage to

(a) data which shall include but shall not belimited to:(i) damage to or corruption of data

whether in whole or in part;(ii) unauthorised appropriation of use of

access to or modification of data;(iii) unauthorised transmission of data to

any third parties;(iv) damage arising out of any

misinterpretation use or misuse ofdata;

What is covered

Page 17: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 17

What is not covered

(v) damage arising out of any operatorerror in respect of data.

(b) any items insured arising directly orindirectly from:(i) the transmission or impact of any

virus;(ii) unauthorised access to a system;(iii) interruption of or interference with

electronic means of communicationused in the conduct of your businessincluding but not limited to anydiminution in the performance of anywebsite or electronic means ofcommunication;

(iv) failure of a system;(v) anything described in (a) above;

but in respect of (b) (i) (b) (ii) (b) (iii) and(b) (iv) this shall not exclude subsequentdamage or loss resulting from subsequentdamage which itself results from a causenot otherwise excluded provided that suchdamage does not arise by reason of anymalicious act or omission.

Insurable event

What is covered

1. Fire lightning explosion or earthquake

2. Storm or flood

What is not covered

(i) Damage by frost.

(ii) Damage to fences hedges or gates (unlessthe main building, garage or outbuilding isdamaged at the same time).

(iii) Damage attributable solely to change in thewater table level.

What is covered

Page 18: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

18 POLICY DOCUMENT HOLIDAY HOMES

What is covered

3. Subsidence or heave of the site onwhich the buildings stand or landslip

4. Riot

Riot, civil commotion, strikers, locked-out workers orpersons taking part in labour disturbances.

5. Vandalism or malicious acts

Malicious persons not acting on behalf of or inconnection with any political organisation.

6. Any aircraft flying object (or itemsdropped from them) vehicle train oranimal colliding with the buildings

What is not covered

(i) Damage to swimming pools hot tubs tenniscourts paths drives terraces patios walls fenceshedges or gates (unless the main building isdamaged at the same time).

(ii) Damage to solid floor slabs or damageresulting from the slabs moving (unless thefoundations beneath the outside walls of themain building are damaged at the same time).

(iii) Damage resulting from normal settlementshrinkage or expansion.

(iv) Damage caused by new structures or newlymade-up ground settling or bedding down.

(v) Damage due to coastal or river erosion.

(vi) Damage resulting from demolishing altering orrepairing the buildings.

(vii) Damage where compensation is provided bylaw.

(viii) Damage attributable solely to change in thewater table level.

(i) Damage in Northern Ireland.

(ii) Damage resulting from cessation of work.

(iii) Damage occasioned by confiscation or destruction or requisition by order of the government or any public authority.

(i) Damage caused by the insured any member ofthe insured’s family any director of the insuredor any person you employ.

(ii) Damage in Northern Ireland.

(iii) Damage resulting from cessation of work.

(vi) Damage occasioned by confiscation or destruction or requisition by order of the government or any public authority.

Page 19: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 19

What is covered

7. Water or oil

escaping from any fixed water or heating system orany fixed oil fired heating system washing machinedishwasher refrigerator freezer water bed or fish tankin your buildings.

8. Burst pipes

Freezing of water in any interior fixed water or heatingappliance or installation in your buildings.

9. Theft or attempted theft

10. Any satellite dish television or radioaerial wind turbine solar panel orsecurity equipment breaking orcollapsing

11. Falling trees branches telegraph poleslamp posts or pylons

12. Accidental damage

What is not covered

Damage caused by the insured any member of theinsured’s family any director of the insured or anyperson you employ.

Damage to fences hedges or gates and/or the costof removing any tree branch telegraph pole lamp postor pylon (unless the main building garage oroutbuilding is damaged at the same time).

(i) Damage which is specifically mentionedelsewhere under this section.

(ii) Damage caused by or consisting of erasure lossdistortion or corruption of information oncomputer systems or other records programs orsoftware.

(iii) Breakage of electrical valves bulbs or tubesunless the equipment in which they arecontained is damaged at the same time.

(iv) Damage to a building or structure caused by itsown collapse or cracking.

(v) Damage to paths car parks drives paved andother hardstanding areas unless the mainbuilding is damaged at the same time.

Page 20: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

20 POLICY DOCUMENT HOLIDAY HOMES

What is covered

13. Damage to services

Accidental damage to service pipes cables sewersand drains serving your buildings for which you areresponsible. This includes the cost of clearingblockages.

14. Glass sanitary fixtures and signs

Accidental breakage of glass sanitary fixtures or signsincluding the reasonable cost of

(a) repairs to framework following breakage of glass(b) necessary boarding-up pending replacement of

the glass(c) in the case of multiple glazing the additional cost

of re-creating vacuums or the purchase andinstallation of new sealed units.

15. Sprinkler leakage

Accidental escape of water from any automaticsprinkler installation in the buildings not caused byexplosion earthquake or heat caused by fire.

What is not covered

(i) Breakage of glass while not fixed.

(ii) Breakage occasioned by or traceable toalterations to the buildings or in the glass beingcarried out by you or persons you employwhereby the risk of breakage is increased.

(iii) Damage to bulbs or tubes unless the signs inwhich they are contained are damaged at thesame time.

This section also covers the following Extensions

What is covered

Extensions 16 to 21 only apply if buildings areinsured

16. Trace and access

The costs and expenses reasonably incurred by youwith our consent in locating the source of a leakageof oil water or gas at your premises and insubsequent repair of damage caused by locating thesource

Limit £5,000 any one claim.

What is not covered

Unless specifically stated otherwise the following extensions do not increase the sums insured stated inthe schedule.

Page 21: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 21

What is covered

17. Damage by emergency services

Damage at any part of your premises caused by theemergency services in circumstances where suchdamage would not otherwise form part of a validclaim under this section.

This includes damage which occurs when theemergency services are responding to potentialdanger to property or injury to persons.

Limit £5,000 any one claim.

18. Sale of the building

If the insured shall have contracted to sell thebuilding and the property is not insured elsewherethe purchaser will have the benefit of the insuranceunder this section for the period from exchange ofcontracts (or if in Scotland the written offer andacceptance) until the sale is completed.

19. Planning (Listed Buildings andConservation Areas) Act 1990

The cover provided by this extension increases thesums insured that apply but only to the extent stated.

The cost of meeting local authority conditions madeunder the Planning (Listed Buildings andConservation Areas) Act 1990 and amendinglegislation (or equivalent legislation in Scotland andNorthern Ireland) following damage by any of theinsured events should these costs exceed the coverprovided within the buildings sum insured.

The maximum we will pay under this extension is20% of the sum insured for buildings.

What is not covered

Damage caused by police raids.

Page 22: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

22 POLICY DOCUMENT HOLIDAY HOMES

What is covered

20. Archaeological costs

The on-site costs of archaeological rescue work(including the recording of standing and collapsedfabric and damaged floor surfaces but not theexcavation of below ground deposits) necessarily andreasonably incurred with our consent as a result ofdamage to the buildings.

Definitions specific to this extension

Archaeological rescue workmeans any archaeological exercise concerned withthe recording of information which would otherwisebe lost or in danger of being lost.

Archaeological research workmeans any other archaeological exercise.Limit £250,000 any one claim.

What is not covered

(i) The costs of any archaeological researchwork which may be enabled or facilitated as aresult of damage but which is not a necessarypart of the process of repair or rebuilding.

(ii) The costs of analysis of data subsequent toarchaeological rescue work (except in so faras such costs are a necessary and integral partof the process of repair or rebuilding).

(iii) The costs of conservation or scientific analysis of materials or objects retrieved in the course of an archaeological exercise.

(i) Damage to

(a) Deeds, bonds, bills of exchange,promissory notes, cash bank notes,cheques, securities for money or stamps.

(b) any craft designed to travel in on orthrough water, air or space.

(c) any mechanical plant and equipment.

(d) any property (including that being alteredor repaired) which already existed at thetime of the commencement of the insuredcontract other than site materials.

(e) the permanent works, or any part thereof,in respect of which a certificate ofcompletion has been issued by or to theInsured, or which has been completedand handed over to or taken into use withthe permission of the Insured, for apurpose other than for the performance ofthe insured contract.

(ii) penalties under the insured contract for delayor non-completion or consequential loss of anynature except as specifically provided for underthis extension.

21. Contract works

Explanatory notes (not forming part of the policy)

1. If you have decided not to include the Terrorismsection under this policy then the full insurancerequirements of the building contract may not bemet. We may be able to extend your insurance toinclude Terrorism or you can ask your architect toreduce the requirements of the building contractwith the agreement of all parties.

2. Please remember that if your policy is notrenewed with us there will be no cover for thebuilding works if they should continue beyond theperiod of cover.

The cover provided by this extension increases thesums insured that apply but only to the extent stated

We will include any contract works in respect ofrepairs, alterations and extensions to existing buildingstructures for specified perils or all risks as requiredby the insured contract.

Provided that (a) the buildings are insured under this section

against all of the specified perils(b) our liability inclusive of all professional fees and

VAT where applicable shall not exceed £25,000in respect of the contract works.

Page 23: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 23

What is covered

For the purposes of this extension the insurance isconsidered to be in the joint names of you and thecontractor, but only in so far as this is required underthe terms of the insured contract for(a) the existing structures and any contents for

which you are responsible (b) the contract works.

Off-site storage Cover extends to include materials or goodsdesignated to be included in the contract workswhilst temporarily held in store away from the contractsite but not while they are being worked upon.

Limit - £7,500 any one storage site.

Definitions specific to this extension

All risksmeans all of the insurable events under this section ofthe policy inclusive of accidental damage.

Contractor(s)shall have the meaning attached to them in theinsured contract.

Contract worksmeans the permanent works and the temporary worksexecuted in performance of the insured contract,including all unfixed materials and goods delivered to,placed on or adjacent to the permanent or temporaryworks and intended for incorporation in them, inperformance of the contract at the premises.

Excluding tools, contractors’ plant and equipment, sitehuts and other temporary accommodation and theircontents.

Insured contractany building contract in which you are required totake out a joint names policy.

Provided that (i) the value of the contract does not exceed

£25,000(ii) where one project at the premises comprises a

series of separate contracts a limit of £25,000applies in the aggregate to all the contractsinvolved.

What is not covered

Page 24: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

24 POLICY DOCUMENT HOLIDAY HOMES

What is covered

Specified perilsmeans fire, lightning, explosion, storm, tempest, flood,escape of water from any water tanks, apparatus orpipes, aircraft and other aerial devices or articlesdropped from them, riot civil commotion andearthquake.

Extensions 22 to 30 only apply if contents areinsured

22. Loss of keys

The reasonable cost necessarily incurred in replacingdoor or window locks at the buildings including locksto safes and alarms following theft or loss of keys.

Limit £1,500 any one claim.

23. Hired-in property

Damage by an insured event to contents hired-infor the purposes of the business for which you areresponsible.

Limit 10% of the contents sum insured any oneperiod of insurance.

24. Personal belongings

Personal effects clothing jewellery watches andphotographic equipment belonging to you and yourfamily whilst residing at the premises and containedin the premises.

Limit £1,000 any one claim (subject to a maximumsingle article limit of £250).

What is not covered

Bankers’ cards credit and debit cards and pedalcycles.Damage if there is any other insurance in force.

Page 25: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 25

What is covered

25. Guests’ personal belongings

Guests’ clothing and personal belongings (includingpersonal money for an amount not exceeding £100)and contained whilst in the premises.

Limit £1,000 any one person any one claim (subjectto a maximum single article limit of £250).

26. Property in the open

Damage to the following property by the insuredevents(a) floodlighting external lighting and security

equipment fixed to the buildings or in thegrounds of the premises

(b) groundsmens’ equipment while in the opengrounds of the premises provided that anymechanically or electrically driven equipment isimmobilised when not in use

(c) fixed or unfixed equipment monuments statuesgarden decorations and ornaments in thegrounds of the premises (other than provided by(a) and (b) above).

Limit £5,000 any one period of insurance.

27. Temporary removal of contents

Contents are covered following damage as insuredby this section whilst temporarily removed for cleaningrenovation repair or other similar purposes anywherein the geographical limits.

Limit £2,500 any one claim.

What is not covered

Guests bankers’ cards credit and debit cards pedalcycles and belongings otherwise insured.

Page 26: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

26 POLICY DOCUMENT HOLIDAY HOMES

What is covered

28. Loss of oil gas or water

We will pay for(a) loss of oil (other than covered by (c) below) gas

or metered water from the water or heatingsystem after damage by an insured event tothat system

(b) the cost of replacing liquid petroleum gas or oilfollowing accidental discharge from the storagecontainer at the premises

(c) theft of oil from any storage tank used for theheating system at the premises

provided theft is an insured event under this policy(d) the cost of decontaminating the grounds of the

premises following accidental discharge of oilfrom any oil fired heating installation or storagetank

The limit under (a) or (b) is £5,000 any one claim

The limit under (c) is £5,000 any one period ofinsurance

The limit under (d) is £25,000 any one claim.

29. Extinguisher and alarm re-settingexpenses

The reasonable costs incurred by you in refilling fireextinguishing appliances replacing sprinkler headsand resetting fire or intruder alarms solely as a resultof their activation following an insured event.

30. Goods in transit

Damage to goods relating to the business whilst intransit by any road vehicle operated by you anywherein the geographical limits.

Limit £250 any one claim.

What is not covered

Page 27: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 27

Settling claims

We will pay for

Buildings

(a) At our option the cost of repairing the damageto the buildings or if the damage is beyondrepair the cost of replacing the buildings or wewill arrange for the work to be carried out.

We will not deduct any amount for wear and tearunless

(i) the buildings are in a poor state of repair ordecoration or

(ii) there is unnecessary delay in carrying out thework or

(iii) repair or replacement is not carried out.

(b) The following additional costs all reasonably andnecessarily incurred in repair or replacementfollowing insured damage

(i) reasonable architects’ surveyors’ consultingengineers’ and other professional fees

(ii) the cost of complying with European Unionlegislation Local Authority BuildingsRegulations or other statutory requirementsup to 15% of the sum insured by the relevantitem

(iii) the cost of remaining debris demolitionshoring-up or propping.

We will also pay for costs and expenses necessarilyincurred by you with our consent in removing fallentrees within the grounds of the premises providedthat

(a) the trees have fallen as a result of an insuredevent and

(b) the buildings are damaged by the same insuredevent occurring at the same time and a claim forthis damage has been accepted by us.

We will not pay for

(i) Fees or any other costs incurred in thepreparation of a claim.

(ii) (a) The cost of work stipulated in any noticealready served upon you.

(b) Undamaged parts of the buildings (exceptthe foundations of damaged parts).

(c) Damage to buildings not insured by thispolicy.

(d) The cost of an existing work requirementwhich must be completed within a givenperiod.

(e) The amount of any charge or assessmentarising out of capital appreciation which maybe payable in respect of the property by youarising from compliance with the stipulationsdetailed in any statutory requirements.

(iii) (a) The cost incurred in removing debris otherthan from the site of the property damagedand the area immediately adjacent to suchsite.

(b) Costs arising from pollution orcontamination of property not insured bythis policy.

Page 28: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

28 POLICY DOCUMENT HOLIDAY HOMES

We will pay for

Contents

Following insured damage we will replace or will payfor the cost of replacement as new except for itemsthat can be economically repaired where we will payfor the cost of repair.

We will only pay the cost of repair so far as that maybe practicable or the cost of a modern replacement.

We will not deduct any amount for wear and tear(except for items insured under the Personalbelongings and Guests' Personal belongingsextensions).

We will not pay for

Memoranda

Underinsurance

Unless otherwise shown in the schedule or elsewhere in this policy the sum insured by each item of insuredproperty is subject to the following condition of underinsurance.

If the property insured by any item of this section shall at the commencement of any damage to such property becollectively of greater value than such sum insured (adjusted for index-linking) you will be considered as beingyour own insurer for the difference and shall bear a rateable proportion of the loss accordingly.

Index linking

The sums insured (but not the extension limits) under this section will be adjusted in accordance with suitableindices selected by us.

The annual renewal premium will be amended accordingly.

Page 29: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 29

Your schedule will show if thissection applies and the cover inforce

To the extent that you are accountable tothe tax authorities for Value Added Tax allterms in this section shall be exclusive ofsuch tax.

For the purpose of these definitions anyadjustments implemented in current costaccounting shall be disregarded.

Definitions

Each time the following words or phrasesappear in this section in bold italic type theywill take the specific meaning shown below.Where words or phrases are not highlightedin this manner the normal every daymeaning of the word or phrase will apply.

Annual income means the income during the 12 monthsimmediately before the date of the damageto which such adjustments shall be madeas maybe necessary to provide for the trendof the business and for variations in orother circumstances affecting the businesseither before or after the damage or whichwould have affected the business had thedamage not occurred so that the figuresthus adjusted shall represent as nearly asmay be reasonably practicable the resultswhich but for the damage would have beenobtained.

Computer equipmentmeans equipment that is electroniccomputer or other data processingequipment including all forms of electronicmagnetic and optical tapes and discs foruse in any electronic computer or electronicdata processing equipment software andperipherals used in conjunction with suchequipment belonging to you or for whichyou are responsible.

Damagemeans destruction or damage caused byany of the insured events.

Incomemeans the money paid or payable to youfor services rendered in the course of thebusiness at the premises.

Indemnity periodmeans the period beginning with theoccurrence of the damage and ending notlater than the expiry of the maximumindemnity period specified in the schedulethereafter during which the results of thebusiness shall be affected in consequenceof the damage.

Insured eventsmeans unless stated otherwise in theschedule means those events which areinsured by the Property damage section.

Standard income means the income during the periodcorresponding with the indemnity period inthe 12 months immediately before the dateof the damage appropriately adjustedwhere the indemnity period exceeds 12months (to which such adjustments shall bemade as may be necessary to provide forthe trend of the business and for variationsin or other circumstances affecting thebusiness either before or after thedamage or which would have affected thebusiness had the damage not occurred sothat the figures thus adjusted shallrepresent as nearly as may be reasonablypracticable the results which but for thedamage would have been obtained duringthe relative period after the damage).

Loss of income2

Page 30: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

30 POLICY DOCUMENT HOLIDAY HOMES

What is covered

If any building or other property owned by you at thepremises specified in the schedule for the purpose ofthe business suffers damage during the period ofinsurance and the business carried on by you at thepremises is in consequence interrupted or interferedwith

We will pay to you in respect of each item in theschedule the amount of loss resulting from suchdamage in accordance with the terms of this section

Provided that(1) our liability shall not exceed the sum insured for

each item nor in all the total sum insured (2) at the time of the damage there is an insurance

in force covering your interest in the property atthe premises against damage and paymentshall have been made or liability admitted underthat insurance (but this proviso shall not apply ifno payment is made solely due to an excess).

Amount payable

The insurance under this section in respect ofincome is limited to

(a) loss of income and (b) additional expenditure occurring during the indemnity period and theamount payable as indemnity shall be(i) for loss of income the amount by which the

income during the indemnity period shall as aresult of the damage fall short of the standardincome

(ii) for additional expenditure the additionalexpenditure necessarily and reasonably incurredfor the sole purpose of avoiding or diminishingthe loss of income which but for thatexpenditure would have taken place during theindemnity period in consequence of thedamage but not exceeding the amount of thereduction in income thereby avoided

What is not covered

Page 31: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 31

What is covered

less any sum saved during the indemnity period forsuch charges and expenses payable out of incomeas may cease or be reduced in consequence of thedamage provided that if the sum insured by this itemis less than the annual income (or a proportionatelyincreased multiple of it where the maximumindemnity period exceeds 12 months) the amountpayable shall be proportionately reduced.

Professional accountants’ charges

Any details contained in your business books whichare requested by us for the purpose of dealing withyour claim can be produced by your professionalaccountants and their report shall be accepted asevidence of these details.

We will pay to you the reasonable charges payable byyou to your professional accountants for producingthese details or any other information requested byus.

The sum of the amount payable under this clause andthe amount otherwise payable under this section shallnot exceed the sum insured.

Payments on account

Payments on account will be made during theindemnity period.

What is not covered

Page 32: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

32 POLICY DOCUMENT HOLIDAY HOMES

Extensions

This section is extended to cover loss resulting from interruption of or interference with the business carried on byyou at the premises as a result of the following.

Unless specifically stated otherwise these extensions do not increase our liability as stated in the schedule.

What is covered

1 Prevention of access

Losses arising where use of the premises isprevented or hindered by damage to neighbouringproperty and such damage would form an acceptableclaim under the Property damage section of thispolicy if the damage occurred at the premises.

2 Utilities

Damage by any of the insured events at any(a) generating station or sub-station of your

electricity supplier (b) land-based premises of your gas supplier or of

any directly linked natural gas producer (c) waterworks or pumping station of your water

supplier (d) land-based premises of your

telecommunications services provider

Our liability for any one occurrence shall not exceedthe sum insured by the items or any limit of liabilityshown in the schedule.

3 Book debts

If following damage to your records at the premisesby any of the insured events you are unable to traceoutstanding debit balances owed to you we willindemnify you for such loss as follows(a) We will pay the difference between the total

outstanding debit balances and the total of theamounts received or traced for such balances.

(b) We will pay additional expenditure incurred withour previous consent in tracing and establishingcustomers’ debit balances after the damage.

(c) We will pay for reasonable professionalaccountants’ charges necessarily incurred inproviding any evidence required by us in supportof a claim.

The most we will pay under this extension is £50,000any one period of insurance.

What is not covered

Any restriction of use of less than 4 hours.

Loss arising from misfiling erasure distortiondeliberate falsification of business records abnormalcondition of trade or from bad debts.

continued

Page 33: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 33

What is covered

Special condition applicable to thisextension

It is a condition precedent to liability under thisextension that you keep a record of the total amountoutstanding in customers’ accounts as at the end ofeach month and within 30 days of the end of eachmonth deposit this record in a building other than thatin which the original records are kept.

4 Failure of supply

Failure of the supply to the premises of electricitygas or water from any cause other than the deliberateact of the supply undertaking in withholding orrestricting supply.

Limit £5,000 any one incident

5 Failure of telecommunication services

Failure of the telecommunication services at thepremises following damage of or totelecommunications property anywhere in thegeographical limits.

Limit £5,000 any one incident

6 Specified disease vermin defectivesanitation murder

We will extend the cover under this section to lossesfollowing

(a) (i) any occurrence of a specified disease atthe premises

(ii) any discovery of an organism at thepremises resulting in or likely to result in theoccurrence of a specified disease

(iii) any occurrence of a specified diseasewithin a radius of 25 miles of the premises

(b) any injury or illness sustained by any personarising from or traceable to foreign or injuriousmatter in food or drink provided at the premises

What is not covered

Excluding any failure of less than 30 minutes.

Excluding any failure of less than 30 minutes.

Costs incurred in the cleaning repair replacementrecall or checking of property.

Page 34: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

34 POLICY DOCUMENT HOLIDAY HOMES

What is covered

(c) any accident causing defects in the drains orother sanitary arrangements at the premises

(d) any discovery of vermin or pests which causesrestrictions on the use of the premises on theorder of the competent local authority

(e) murder or suicide at the premises.

Definition specific to this extension

Specified diseasemeans Acute encephalitis Acute poliomyelitis AnthraxCholera diphtheria Dysentery LegionellosisLegionnaires’ Disease Leprosy Leptospirosis MalariaMeasles Meningitis Meningococcal septicaemia(without meningitis) Mumps Ophthalmia neonatorumParatyphoid fever Plague Rabies Relapsing feverRubella Scarlet fever Smallpox Tetanus TuberculosisTyphoid fever Viral haemorrhagic fever Viral hepatitisWhooping cough Yellow fever

Special conditions applicable to thisextension

(i) We shall only be liable for the loss arising atthose premises which are directly affected bythe occurrence discovery or accident

(ii) Indemnity period shall mean the period duringwhich the results of the business shall beaffected as a result of the occurrence discoveryor accident beginning with the date from whichthe restrictions on the premises are applied (orin the case of (e) above with the date ofoccurrence) and ending not later than threemonths thereafter

(iii) Provided that our liability under this extension inrespect of any one occurrence discovery oraccident shall not exceed the lesser of£250,000 or 25% of the sum insured by theitems.

What is not covered

Page 35: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 35

What is covered

7. Archaeological digs

Archaeological exercises which follow discoveriesmade as a direct result of damage by any of theinsured events.

The total amount we will pay will not exceed in theaggregate the sum insured by each item.

What is not covered

Page 36: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

36 POLICY DOCUMENT HOLIDAY HOMES

Your schedule will show if thissection applies and the cover inforce

Definitions

Each time the following words or phrasesappear in this section in bold italic type theywill take the specific meaning shown below.

Where words or phrases are not highlightedin this manner the normal every daymeaning of the word or phrase will apply.

Act of terrorismmeans an act including but not limited tothe use of force or violence and/or thethreat thereof of any person or group(s) ofpersons whether acting alone or on behalfof or in connection with any organisation(s)or government(s) committed for political,religious, ideological or similar purposesincluding the intention to influence anygovernment and/or to put the public or anysection of the public in fear.

Asbestosmeans asbestos asbestos fibres or anyderivatives of asbestos including anyproduct containing any asbestos asbestosfibres or any derivatives of asbestos.

Bodily injurymeans bodily injury death disease or illness.

Businessmeans those activities relating to yourcommercial holiday let conducted solelyfrom premises in the geographical limitsincluding(a) the ownership repair and maintenance

of your property and premises(b) the provision of fire and security

services maintained only for theprotection of premises owned oroccupied by you

(c) private work undertaken by anemployed person with your priorconsent for a director partner oremployee of yours

but this does not include any workundertaken offshore.

Datameans information represented or storedelectronically including but not limited tocode or series of instructions operatingsystems software programs and firmware.

Employed personmeans (a) any employee(b) any person supplied to or hired or

borrowed by you on your behalf, orany work experience student or youthtraining scheme participant while underyour direct control and supervision.

Employee(s)means any person under a contract ofservice or apprenticeship with you.

Event(s)means one occurrence or series ofoccurrences arising from or attributable toone source or original cause.

Injurymeans bodily injury wrongful arrest or falseimprisonment.

Legal costsmeans (a) claimant’s costs and expenses

recoverable from you in respect of anyclaim which is the subject matter ofindemnity under this policy

(b) (i) the costs of legal representation at (1) any coroner’s inquest or injury in

respect of any death (2) proceedings in any court arising

out of any alleged breach ofstatutory duty which may be thesubject of a claim for indemnityunder this section of the policy

(ii) all other costs and expenses inrelation to any matter which mayform the subject of a claim forindemnity under this section of thepolicy

incurred with our prior written consent.

Liabilities3

Page 37: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 37

Offshoremeans embarkation onto a vessel or aircraftfor conveyance to an offshore rig platformor service or accommodation vessel untildisembarkation from the conveyance ontoland upon return from such offshore rigplatform or service or accommodationvessel.

Pollution or contaminationmeans injury or damage directly orindirectly caused by or arising out ofpollution or contamination of buildings orother structures or of water land or theatmosphere.

Principalmeans any party (other than a directorpartner or employee of yours) on whosebehalf you are undertaking work (excludingthe sale or supply of products) inconnection with the business.

Productsmeans goods (including containers andpackaging) not in your custody or controlsold supplied installed erected servicedrepaired altered or treated by you inconnection with the business from anypremises within the geographical limits.

Any error in the sale supply or presentationof such goods is included in this definition.

Propertymeans material property but this does notinclude data.

You/your/yoursmeans the Insured named in the schedule.

Unless we specifically state otherwise wewill also indemnify(a) your personal representatives in

respect of legal liability incurred by you(b) at your request (i) any principal (ii) any director partner or employed

person of yoursin respect of liability for which you wouldhave been entitled to indemnity had theclaim been made against you(c) any director partner or employee of

yours in respect of private workcarried out with your prior consent byan employed person for such directorpartner or employee.

We will not provide an indemnity to anymedical or dental practitioner in respect ofmedical services provided.

Page 38: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

38 POLICY DOCUMENT HOLIDAY HOMES

Cover 1 – Employers’ liability

This insurance is provided on a ‘Costs Inclusive’ basis. This means that legal costs are included within the Limit ofindemnity specified in the schedule.

What is covered

We will indemnify you against your legal liability topay damages and legal costs arising out of bodilyinjury to an employed person caused during theperiod of insurance

(a) within the geographical limits or(b) while temporarily outside these territoriesin connection with the business.

The total amount we will pay in respect of(a) any one event which is directly or indirectly

caused by results from or is in connection withany act of terrorism shall not exceed£5,000,000If we allege the bodily injury has resulted froman act of terrorism the burden of proving thecontrary shall be upon you

(b) any other event shall not exceed the limit ofindemnity shown in the schedule.

This insurance complies with the provisions of any lawenacted in the geographical limits relating to thecompulsory insurance of liability to employees.

You will repay any sums paid to us which we wouldnot have been obliged to pay but for the provisions ofsuch law.

What is not covered

No indemnity will be provided in respect of any liabilityin respect of bodily injury for which you are requiredto arrange motor insurance or security in accordancewith any road traffic legislation within the EuropeanUnion.

Page 39: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 39

Extension to cover 1

What is covered

Subject to the terms of the policy.

1 Unsatisfied court judgements

Where a judgement for damages has been obtained

(a) by one of your employees or their personalrepresentatives in respect of bodily injurycaused during any period of insurance and whicharises out of and in the course of theiremployment with you

(b) in any court situated within the geographicallimits

(c) against any company or individual operating frompremises within the geographical limits

(d) which remains unsatisfied in whole or in part sixmonths after the date of the judgement

we will at your request pay to the employee or theirpersonal representative the amount of damages andany awarded costs which remain unsatisfied subjectto there being no appeal outstanding.

Where any payment is made under this extension theemployee or their personal representative shallassign the judgement to us.

What is not covered

Page 40: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

40 POLICY DOCUMENT HOLIDAY HOMES

Cover 2 – Public & products liability

This insurance is based on a ‘Costs in Addition’ basis. This means that (with the exception of claims which arebrought within the legal jurisdiction of the United States of America or Canada) legal costs are payable in additionto the limit of indemnity specified in the schedule.

What is covered

We will indemnify you against your legal liability topay damages arising out of(a) accidental injury of any person(b) accidental damage to property(c) nuisance trespass to land trespass to goods or

interference with any easement of air light wateror wayWe will not provide indemnity in respect of anyliability which arises from any deliberate act oromission by you which could reasonably havebeen expected having regard to the nature andcircumstances of such act or omission or whichis a natural consequence of the ordinary conductof your business

happening during the period of insurance and causedeither in connection with the business or byproducts.

We will in addition indemnify you against legal costsother than in respect of any claim which is broughtwithin the legal jurisdiction of the United States ofAmerica or Canada in which circumstances legalcosts shall be included within the limit of indemnity.

The total amount we will pay in respect of damagesfor(a) any one event(b) all events happening during any period of

insurance caused by products(c) all events arising from pollution or

contamination which we deem to haveoccurred during any period of insurance

shall not exceed the limit of indemnity shown in theschedule.

Where we are liable to indemnify more than oneperson the total amount of indemnity to all partiesincluding you in respect of damages arising from oneevent shall not exceed the limit of indemnity shown inthe schedule.

What is not covered

No indemnity will be provided in respect of the following.

(1) any liability arising from advice design orspecification provided for a fee or for which a feewould normally be charged.

(2) any liability arising from bodily injury to anyemployed person caused in connection with the business.

(3) any liability arising from damage to propertywhich is owned or held in trust by you or which isin your custody or control.

This exclusion will not apply in respect of (a) personal effects including vehicles and their

contents belonging to employees directorstrustees partners or visitors.

(b) premises and their contents not owned byleased or rented by you at which you areundertaking work in connection with thebusiness.

(c) premises including fixtures and fittings hired byor leased rented or borrowed by you but weshall not be liable for

(i) the first £250 of any damage other thancaused by fire or explosion

(ii) liability arising solely under the terms of anycontract or agreement

(iii) any liability which arises from an agreementto maintain in force insurance against lossof or damage to the premises and theirfixtures and fittings.

(4) any liability arising from ownership possession or use by you or on your behalf of

(a) any mechanically propelled vehicle but (exceptwhere indemnity is provided by any motorinsurance policy or in circumstances whereinsurance or security is required under any roadtraffic legislation) this exclusion will not apply inrespect of

(i) the use of vehicles designed to helpdisabled people or golf carts trolleys andbuggies

Page 41: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 41

What is covered What is not covered

(ii) the use of plant as a tool of trade on site (iii) the use of plant at your premises (iv) the loading or unloading of any vehicle (v) the movement of any vehicle not

belonging to you which is interfering withthe execution of the business.

(b) any craft designed to travel in on or throughwater air or space

(5) any liability arising directly or indirectly frompollution or contamination unless thepollution or contamination is caused by asudden identifiable unintended and unexpectedincident which takes place in its entirety at aspecific moment in time and space during theperiod of insurance.

For the purposes of this exclusion all pollutionand contamination which arises out of oneincident shall be deemed to have occurred atthe time such incident takes place.

(6) damage to or the costs of recall removal repairalteration replacement or reinstatement of anyproduct supplied or contract work executed byyou which is caused by

(a) a defect (b) its unsuitability for its intended purpose.(7) any liability arising from any contract in respect

of products supplied or contract work executedby you unless liability would have attached inthe absence of that contract.

(8) the costs of remedying any defect or allegeddefect in premises which you have disposed of.

(9) (a) fines or penalties. (b) liquidated damages. (c) any compensation awarded by a court of

criminal jurisdiction. (d) multiplied aggravated exemplary or punitive

damages.(10) any liability arising from (a) the use by you or on your behalf of any

premises situated in the United States ofAmerica or Canada.

(b) Products sold or supplied on your behalffrom any premises situated in the UnitedStates of America or Canada.

(c) Products exported by you or on your behalfto the United States of America or Canada.

Page 42: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

42 POLICY DOCUMENT HOLIDAY HOMES

What is covered What is not covered

(11) any liability arising from (a) products incorporated in any craft designed

to travel through air or space (b) products incorporated in any waterborne

craft which could affect its safety navigation or propulsion

(c) products incorporated in mechanicallypropelled vehicles which could affect theirsafety

(d) products incorporated in gas chemicalpetrochemical or power generation plant whichis directly connected to manufactureprocessing storage or power generation

and which have been specifically supplied by youfor that purpose.

(12) any liability arising directly or indirectly fromMining processing manufacturing removinghandling disposing of treatment of distributing orstoring of asbestos.

However this shall not apply where removinghandling or disposing of asbestos does not formpart of your usual business or any contract workundertaken and

(a) you have complied with any legal obligationsto manage asbestos and

(b) any discovery of asbestos by you isunintentional and accidental and

(c) where upon discovery of asbestos all workimmediately stops and

(d) a HSE licensed asbestos removal contractor isemployed to make safe the area in which thediscovery is made as soon as is practicableand who has Employers’ and Public liabilityinsurance in force which provides limits ofindemnity no less than those provided by yourpolicies and which do not exclude the work tobe carried out.

(13) any liability arising directly or indirectly from fearsof the consequences of exposure to or inhalationof asbestos.

(14) any liability arising from the supervision orexecution of any manual work or contractundertaken outside of the European Union.

(15) any liability arising from damage to propertywhere there is a requirement to arrange coverunder clause 6.5 of the 2007 JCT conditions orany similar contract clause.

Page 43: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 43

What is covered What is not covered

(16) any loss, damage, cost or expense (a) directly or indirectly caused by, contributed

to by, resulting from or arising out of or inconnection with any act of terrorismregardless of any other cause or eventcontributing concurrently or in any othersequence to the loss

(b) of whatsoever nature directly or indirectlycaused by, resulting from or in connectionwith any action taken in controlling,preventing, suppressing or in any wayrelating to any act of terrorism.

If we allege that by reason of this exclusion anyloss, damage, cost or expense is not covered bythis policy the burden of proving the contraryshall be upon you.

Extensions to cover 2

What is covered

Each of the following is subject otherwise to theterms of this policy.

1 Cross liabilities

If you consist of more than one party (and in the caseof partnerships this shall mean each individualpartner) we will indemnify each party in the terms ofthis policy against liability incurred to the other in thesame manner and to the same extent as if a separatepolicy had been issued to each subject to themaximum amount payable in respect of damagesarising out of one event not exceeding the limit ofindemnity.

2 Contingent motor liability

Notwithstanding exclusion 4 regarding vehicles wewill indemnify you alone in respect of legal liability forinjury or damage arising out of the use by anyemployee in the course of the business of anymechanically propelled vehicle which is neither ownedby nor provided by you.

What is not covered

We will not provide an indemnity in respect of(a) damage to such vehicle or any property

contained or being transported within it.(b) injury or damage arising while the vehicle is

being driven by you or any person who to yourknowledge does not hold a licence to drivesuch a vehicle (unless they have held and arenot disqualified for holding or obtaining such alicence).

Page 44: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

44 POLICY DOCUMENT HOLIDAY HOMES

What is covered

3 Data Protection Act 1998

We will indemnify you against legal liability to paydamages and claimant’s costs and expenses fordamage or distress as described in Section 13 of theData Protection Act 1998.

This indemnity is subject to you being registered inaccordance with the Act or having applied for suchregistration which has not been refused or withdrawnand that you have taken all reasonable care to complywith its requirements.

4 Defective Premises Act

We will indemnify you against legal liability incurredby virtue of Section 3 of the Defective Premises Act1972 or Section 5 of the Defective Premises(Northern Ireland) Order 1975 in respect of injury ordamage which occurs within a period of seven yearsfrom the expiry or cancellation of this policy.

5 Legionellosis liability

The insurance provided by this extension is on aclaims made basis inclusive of costs and expensesand subject to:

(i) cover being operative solely in respect of the premises

(ii) the Retroactive Date being the date of inception of this extension.

We will indemnify you against your legal liability topay damages and legal costs in respect of accidentalbodily injury caused by Legionellosis arising out ofthe business. 

What is not covered

(c) circumstances where you are entitled toindemnity under any other insurance.

(d) injury or damage arising outside thegeographical limits.

We will not provide an indemnity in respect of(a) the payment of fines or penalties.(b) the costs of replacing reinstating rectifying

erasing blocking or destroying any personaldata.

(c) Liability arising from or caused by a deliberateor intentional act by or omission of any personentitled to indemnity.

(d) claims arising out of circumstances which havebeen notified to previous insurers or whichwere known to you at the inception of thisextension.

(e) legal liability where indemnity is provided by anyother insurance.

No indemnity will be provided(a) if you are entitled to indemnity under any other

insurance(b) in respect of the cost of remedying any defect

or alleged defect in the premises disposed of

The indemnity will not apply to legal liability:

(i) arising out of or in connection with any productsupplied by you or contract work executed by you.

(ii) arising from or in connection with any advicedesign or specification provided by you.

(iii) in respect of Legionellosis which commencesprior to the Retroactive Date.

Page 45: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 45

Extension to covers 1 and 2

What is covered

The following extension is subject otherwise to theterms of this policy.

1 Compensation for court attendance

If we request any of the following categories ofpeople to attend court as a witness in connection witha claim under this policy we will provide you with thefollowing rates of compensation for each day onwhich attendance is required

Any of your directors trustees or partners £500Any employee £250

What is not covered

What is covered

Provided that this indemnity only applies to:

(i) any claim which is first made in writing to you during the period of insurance

(ii) any incident which has caused or alleged to have caused bodily injury or can be reasonably expected to give rise to a claim   

and which is notified to us within the period ofinsurance or within 30 days of its expiry.

The most we will pay in respect of any one claim andin the aggregate for all claims inclusive of legal costsin any one period of insurance is £250,000.

All claims arising out of the same isolated repeated orcontinuing incidence of Legionellosis shall be deemedto be made in the period of insurance when: 

(a) the first claim was first made in writing to you andnotified to us.

(b) the first notification of the incident was first made to us.

What is not covered

Page 46: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

46 POLICY DOCUMENT HOLIDAY HOMES

Your schedule will show if thissection applies and the cover inforce

Definitions

Bodily injurymeans bodily injury resulting directly orindependently of any other cause within 24calendar months in disablement or death.

Business hoursmeans any time when anyone withresponsibility for money is in attendance atthe premises for the purpose of yourbusiness.

Deferment periodmeans the initial period specified in theschedule following bodily injury duringwhich the temporary total disablementbenefit is not payable.

Insured person(s)means any employee of the Insured.

Loss of eye(s)means total and irrecoverable loss of sightof an eye or eyes.

Loss of limb(s)means loss by physical severance at orabove the wrist or ankle or total andirrecoverable loss of use of a limb or limbs.

Medical expensesmeans the cost of medical surgical dentalor other remedial attention treatment orappliances given or prescribed by aqualified medical practitioner and allhospital nursing home and ambulancecharges necessarily incurred in thetreatment of the insured person.

Moneymeans current notes and coins cheques(other than pre-signed blank chequeswhether crossed or uncrossed) postalorders money orders securities for moneycrossed bankers drafts unused postagestamps travellers cheques National Savingsstamps and certificates Premium Bonds

National Insurance stamps and stampedNational Insurance cards credit and debitcard sales vouchers giro payment ordersvalue added tax purchase vouchersluncheon vouchers gift tokens and unusedcredit on postal franking machinesbelonging to you or for which you areresponsible pertaining to the business.

Money in transitmeans money other than non-negotiablemoney in transit whilst in personalcustody or in a bank night safe until thebank accepts responsibility.

Non-negotiable moneymeans crossed cheques (other than pre-signed blank cheques) crossed postalorders crossed money orders crossedbankers drafts National Savings certificatesPremium Bonds stamped Nationalinsurance cards credit and debit card salesvouchers value added tax purchasevouchers and unused credit on postalfranking machines.

Other moneymeans money other than non-negotiablemoney.

Permanent total disablementmeans permanent total and absolutedisablement (other than by loss of limb(s) orloss of eye(s)) from gainful employment ofany and every kind which shall have lastedfor 104 weeks and which in all probabilitywill last for the remainder of life.

Personal custodymeans within the immediate personalcontrol of you or any other responsibleperson authorised by you.

Temporary total disablementmeans disablement from engaging in orgiving attention to usual profession tradebusiness or occupation for a period notexceeding 104 weeks in all from thecommencement of such disablement.

Money with assault extension 4

Page 47: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 47

Cover A – Money

What is covered

We will indemnify you in respect of loss of moneyhappening during the period of insurance anywhere inthe geographical limits.

Limits applicableNon negotiable money £250,000

Other money in transit or on the £500premises of your private residence and/or that of your private resident

Coins in electricity gas and telephone £300meters

Coins collected from meters by you or £300a person authorised by you other than any employee of an electricity gas or telephone utility company

Any other loss £300

What is not covered

We shall not be liable in respect of loss(1) due to the dishonesty of any director or

employee of the Insured(2) whilst the money is in the custody or control

of a professional carrier(3) during transit by unregistered post(4) from an unattended vehicle(5) from any gaming or vending machine unless

otherwise shown in the schedule(6) due to clerical or accounting errors depreciation

in value unexplained shortage dishonouredcheques or to the use of counterfeit money

(7) in excess of the ‘in any other circumstances’ limitshown in the schedule of money (other thannon-negotiable money) from any room leftunattended and unlocked unless this occursduring business hours and such money iscontained in a locked safe cupboard or deskwith the key held in personal custody

(8) of completed credit or debit card sales vouchersunless a copy of each voucher is at all timeskept in a secure place separate from itscounterpart

Page 48: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

48 POLICY DOCUMENT HOLIDAY HOMES

Cover B – Assault extension

What is covered

If during the period of insurance an insured personsustains bodily injury in the course of theiremployment by you as a direct result of robbery orhold-up or any attempt thereat we will pay theappropriate benefit.

Scale of benefits

1 Death£7,500

2 Loss of limbs(s) or loss of eye(s)£7,500

3 Permanent total disablement£7,500

4 Temporary total disablement£75 per week

5 Medical expensesMaximum of 15% of the benefits payable under 4above

What is not covered

We shall not be liable for bodily injury(1) arising from wilful exposure to needless peril

(except in an attempt to save human life)(2) sustained by any person before that person

attains the age of 16 years or after the expiry ofthe period of insurance in which that personattained the age of 70 years

Special conditions

1 Benefit shall not be payable in respect of any insured person for any later accident after an accident givingrise to a claim other than for temporary total disablement.

2 Benefit for permanent total disablement may be payable following benefit for temporary totaldisablement.

3 Other than 2 above one benefit only shall be payable in respect of any one insured person in connection withthe same incident.

4 A receipt given by you or by your legal personal representatives shall be a valid discharge of our liability underthis section.

5 No compensation shall become payable until the total amount shall have been ascertained and agreed savethat periodic payments on account of temporary total disablement may be made by us.

Page 49: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 49

Your schedule will show if thissection applies and the cover inforce

Note (not forming part of the policy):

To ensure an expert service the cover underthis section has been arranged by us inconjunction with DAS Legal ExpensesInsurance Company Limited (DAS).

We are responsible for paying any claimsunder this section but DAS manage allclaim matters and correspondence on ourbehalf. The legal advice service and claimshandling service is provided by DAS LawLimited and/or a preferred law firm onbehalf of DAS.

If you wish to speak to DAS about a legalproblem or make a claim, please phone:

0345 268 9124DAS will ask you about your legal issue andif necessary call you back to give you legaladvice.

If your issue cannot be dealt with throughlegal advice and needs to be dealt with as apotential claim under this section of thepolicy, DAS will give you a referencenumber. At this point they will not be able totell you whether the claim is covered or notbut will pass your information to theirclaims-handling team and explain what todo next.

When presenting a claim for legalexpenses, the insured person must informDAS as soon as possible and within thetime limits stipulated under the individualcovers, conditions and exclusions to thissection, giving full details in writing of theinsured incident and provide such proofs,supporting evidence and other informationas DAS may require.

Please do not ask for help from a solicitoror accountant before DAS have agreed. Ifyou do we will not pay the costs involved.

DAS Head and Registered Office:DAS Legal Expenses Insurance CompanyLimited,DAS House,Quay Side, Temple Back,Bristol BS1 6NH.

Registered in England and Wales, number103274. DAS Legal Expenses InsuranceCompany Limited is authorised by thePrudential Regulation Authority andregulated by the Financial ConductAuthority and the Prudential RegulationAuthority.

Website: www.das.co.uk

DAS Law Limited Head and RegisteredOffice:DAS Law Limited,North Quay,Temple Back,Bristol BS1 6FL

Registered in England and Wales, number5417859. DAS Law Limited is authorisedand regulated by the Solicitors RegulationAuthority. DAS Law Limited is listed on theFinancial Conduct Authority register to carryout insurance mediation activity, includingthe administration of insurance contracts,on behalf of DAS Legal ExpensesInsurance Company Limited.

Website: www.daslaw.co.uk

Definitions

Each time any of the following words orphrases appear in this section in bold italictype (or in capital letters in the schedule)they will take the specific meaning shownbelow

Where words or phrases are not highlightedin this manner the normal everydaymeaning of the word or phrase will apply

Legal expenses5

Page 50: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

50 POLICY DOCUMENT HOLIDAY HOMES

Aspect enquiry/enquiriesmeans an examination by HM Revenue &Customs which considers one or morespecific aspects of the insured’s self-assessment and/or corporation tax return

Costs and expensesmeans(1) Legal costs All reasonable and necessary costs

chargeable by the representative on astandard basis Also the costs incurredby opponents in civil cases if aninsured person has been ordered topay them or pays them with theagreement of DAS

(2) Accountant’s costs A reasonable amount in respect of all

costs reasonably incurred by therepresentative

(3) Attendance expenses The insured person’s salary or wages

for the time that the insured person isoff work to attend any arbitration courtor tribunal hearing at the request ofthe representative or while attendingjury service

We will pay for each half or whole daythat the court tribunal or the insuredperson’s employer will not pay for

The amount we will pay is based on thefollowing(a) The time the insured person is off

work including the time it takes totravel to and from the hearing

This will be calculated to the nearesthalf day assuming that a whole day iseight hours

(b) If the insured person works full-timethe salary or wages for each whole dayequals 1/250th of the insuredperson’s yearly salary or wages

(c) If the insured person works part-timethe salary or wages will be a proportionof the insured person’s weekly salaryor wages

DASmeans DAS Legal Expenses InsuranceCompany Limited

Date of occurrencemeans(1) For civil cases (other than under

insured event 7 – Tax protection) whenthe cause of action first accrued

(2) For criminal cases when the insuredperson commenced or is alleged tohave commenced to violate thecriminal law in question

(3) For licence or registration appealswhen the insured first became awareof the proposal by the relevantlicensing or regulatory authority tosuspend alter the terms of or refuse torenew or cancel the insured’s licenceor mandatory registration or BritishStandard Certificate of Registration

(4) For full enquiries or aspect enquirieswhen HM Revenue & Customs firstnotifies in writing the intention to makeenquiries

(5) For Employers Compliance and ValueAdded Tax disputes when the relevantauthority sends an assessment orwritten decision to the insured

(6) For Charity Commission investigationsthe date the insured receivesnotification from the CharityCommission that they are to conductan investigation

(7) For tax intervention enquiries whenHM Revenue & Customs first contactsthe insured in relation to commencinga tax intervention enquiry into theinsured’s business accounts

Full enquiry/enquiriesmeans an extensive examination by HMRevenue & Customs which considers allaspects of the insured’s tax affairsexcluding those enquiries which are limitedto one or more specific aspects of theinsured’s self-assessment and/orcorporation tax return

Page 51: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 51

Insured event(s)means the circumstances in which theinsurance provided by this section willoperate as described in each separatecover

Insured personmeans the insured and the directorstrustees partners managers employees andany other individuals declared to us by theinsured

Limit of indemnitymeans the sum shown in the schedulewhich is the most we will pay for all claimsresulting from one or more events arising atthe same time or from the same originatingcause

Period of insurancemeans the period for which we have agreedto cover the insured person and for whichthe premium has been paid

Representativemeans the lawyer or accountant or othersuitably qualified person who has beenappointed to act for an insured person inaccordance with the terms of this section

Tax intervention enquiry/enquiriesmeans an examination by HM Revenue &Customs to measure the level ofcompliance in the insured’s financialaccounting records to highlight areas whereerrors have occurred or may occur

Territorial limitmeansFor insured events 2 – Legal defence(excluding 2(4)) and insured event 6(b) –Bodily injury

The European Union the Isle of Man theChannel Islands Albania Andorra BosniaHerzegovina Croatia Gibraltar IcelandLiechtenstein Macedonia MonacoMontenegro Norway San Marino SerbiaSwitzerland and Turkey

For all other insured eventsThe United Kingdom of Great Britain andNorthern Ireland the Isle of Man and theChannel Islands

Cover

We will indemnify the insured person inrespect of any insured event shown asincluded in the schedule arising inconnection with the business as long as(a) the date of occurrence of the

insured event happens during theperiod of insurance and within theterritorial limit and

(b) any legal proceedings will be dealt withby a court or other body which DASagree to in the territorial limit and

(c) in civil claims it is always more likelythan not that an insured person willrecover damages or obtain any otherlegal remedy which DAS have agreedto or make a successful defence

For all insured events DAS will help inappealing or defending an appeal as longas the insured person tells DAS within thetime limits allowed that they want DAS toappeal

Before we pay any costs and expensesfor appeals DAS must agree that it isalways more likely than not that the appealwill be successful

If a representative is used we will pay thecosts and expenses incurred for this

We will pay compensation awards that DAShave agreed to

The most we will pay for all claims resultingfrom one or more event arising at the sametime or from the same originating cause isshown as the limit of indemnity in thepolicy schedule

Page 52: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

52 POLICY DOCUMENT HOLIDAY HOMES

Insured events

Employment disputescompensation awards &service occupancy

(a) Employment disputes

DAS will defend the insured’s legal rights(1) prior to the issue of legal proceedings

in a court or tribunal following thedismissal of an employee or

(2) in the resolution of any unfair dismissaldispute under the ACAS ArbitrationScheme or

(3) in legal proceedings in respect of anydispute with an employee or ex-employee or a trade union acting onbehalf of an employee or ex-employeewhich arises out of or relates to acontract of employment with theinsured or

(4) in legal proceedings in respect of anydispute with an employee ex-employeeor prospective employee arising froman alleged breach of their statutoryrights under employment legislation

Exclusions(i) Any employment dispute where the

cause of action arises within the first90 days of the indemnity provided bythis section

(ii) Any dispute with an employee whowas subject to a written or oralwarning (formal or informal) within 180days immediately preceding theinception date of the indemnityprovided by this section if the date ofoccurrence was within the first 180days of the indemnity provided by thissection

(iii) Any redundancy or alleged redundancyor unfair selection for redundancyarising within the first 180 days of theindemnity provided by this section

(iv) Any claim in respect of damages forpersonal injury or loss of or damage toproperty

1

(v) Any claim arising from or relating toany transfer of business which fallswithin the scope of the Transfer ofUndertakings (Protection ofEmployment) Regulations 2006 or theTransfer of Employment (PensionProtection) Regulations 2005

If a claim is made under insured event 1(a)exclusions (i) (ii) and (iii) above will not beenforced if the insured can provide writtenevidence of continuous and equivalentemployment legal expenses insurance priorto inception of this section

(b) Compensation awards

Where DAS have accepted a claim underinsured event 1(a) we will pay (i) any basic and compensatory awardand/or(ii) an order for compensation following a

breach of the insured’s statutory dutiesunder employment legislation

Provided that(1) In cases relating to performance

and/or conduct the insured hasthroughout the employment disputeeither

(a) followed the ACAS Code ofDisciplinary and GrievanceProcedures as prepared by theAdvisory Conciliation andArbitration Service or

(b) followed equivalent codes ofpractice issued by the LabourRelations Agency in NorthernIreland or

(c) sought and followed advice fromDAS Legal Advice Service

(2) For an order of compensation followingthe insured’s breach of statutory dutyunder employment legislation theinsured has at all times sought andfollowed the advice given by DASLegal Advice Service since the datewhen the insured should have knownabout the employment dispute

Page 53: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 53

(3) For any compensation award forredundancy or alleged redundancy orunfair selection for redundancy theinsured has sought and followed theadvice given by DAS ClaimsDepartment prior to serving notice ofredundancy

(4) The compensation is awarded by atribunal or through ACAS ArbitrationScheme under a judgement made afterfull argument and otherwise than byconsent or default or is payable undersettlement approved in writing inadvance by DAS

(5) The total of the compensation awardspayable by us shall not exceed£1,000,000 in any one period ofinsurance

Exclusions(i) Any compensation award relating to

the following (a) Trade union activities trade union

membership or non-membership (b) Pregnancy or maternity rights (c) Health & Safety related dismissals

brought under Section 44 of theEmployment Rights Act 1996

(d) Statutory rights in relation totrustees of occupational pensionschemes

(e) Statutory rights in relation toSunday shop and betting work

(ii) Non-payment of money due under therelevant contract of employment orstatutory provision relating thereto

(iii) Any award ordered because theinsured has failed to provide relevantrecords to employees under theNational Minimum Wage laws

(iv) Any compensation award or increasein compensation award ordered by acourt or tribunal for failure to complywith a recommendation or order it hasmade including non-compliance with areinstatement or re-engagement order

(c) Service occupancy

DAS will negotiate for the insured’s legalrights against an employee or ex-employeeto recover possession of premises ownedby the insured or for which the insured isresponsible

ExclusionAny claim relating to defending theinsured’s legal rights other than defendinga counter-claim

Legal defence

At the Insured’s request1 DAS will defend the insured person’s

legal rights (a) prior to the issue of legal

proceedings when dealing with the – Police – Health & Safety Executive

and/or Local Authority Health &Safety Enforcement Officer

where it is alleged that the insuredperson has or may have committed acriminal offence or

(b) following an event which leads tothe insured person beingprosecuted in a court of criminaljurisdiction

or (c) if civil action is taken against the

insured person for compensationunder Section 13 of the DataProtection Act 1998

We will also pay any compensationaward made against the insuredperson under Section 13 of theData Protection Act 1998

2 DAS will defend the insured’s legalrights following civil action takenagainst the insured for wrongful arrestin respect of an accusation of theftalleged to have been carried out duringthe period of insurance

2

Page 54: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

54 POLICY DOCUMENT HOLIDAY HOMES

3 DAS will defend the insured person’s(other than the insured) legal rights if (a) an event arising from their work as

an employee leads to civil actionbeing taken against them underlegislation for unlawfuldiscrimination on the grounds ofsex sexual orientation racedisability age religious belief orpolitical opinion or

(b) civil action is taken against them asa trustee of a pension fund set upfor the benefit of the insured’semployees

4 DAS will represent the insuredperson in appealing against theimposition or terms of any StatutoryNotice issued under legislationaffecting the insured’s business

5 DAS will represent the insured inappealing against the refusal of theInformation Commissioner to registerthe insured’s application forregistration

6 We will pay the attendance expensesof an insured person for jury service

Provided that(i) in so far as proceedings under the

Health & Safety at Work etc. Act 1974are concerned the territorial limit shallbe any place where the Act applies

(ii) at the time of the insured event theinsured has registered with theInformation Commissioner in respectof insured event (1)(c) above

Exclusion Any claim which leads to the insuredperson being prosecuted for infringementof road traffic laws or regulations inconnection with the ownership driving oruse of a motor vehicle

Statutory licence protection

DAS will represent the insured inappealing to the relevant statutory orregulatory authority court or tribunalfollowing a decision by a licensing orregulatory authority to suspend or alter theterms of or refuse to renew or cancel theinsured’s licence or mandatory registrationor British Standard Certificate ofRegistration

Exclusions(i) An original application or application

for renewal of a statutory licence ormandatory registration or BritishStandard Certificate of Registration

(ii) Any licence appeal relating to theownership driving or use of a motorvehicle

Contract disputes

DAS will negotiate for the insured’s legalrights in a contractual dispute arising fromthat agreement or that alleged agreementwhich has been entered into by or on behalfof the insured for the purchase hire sale orprovision of goods or of services

Provided that(1) the amount in dispute exceeds £250 If the amount in dispute exceeds

£5,000 the insured will be responsiblefor the first £500 of legal costs ineach and every claim

(2) if the dispute relates to money owed tothe insured a claim under this sectionis made within 90 days of the moneybecoming due and payable

(3) if the amount in dispute is payable ininstalments the instalments due andpayable at the time of making a claimexceed £250

Exclusions(i) Any dispute arising from an agreement

entered into prior to the inception dateof the indemnity provided by thissection if the date of occurrence is

3

4

Page 55: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 55

within the first 90 days of theindemnity provided by this section

(ii) Any claim relating to the following (a) The settlement payable under an

insurance policy (b) A lease licence or tenancy of land

or buildings other than a disputewith a professional adviser inconnection with the drafting of alease licence or tenancy agreement

(c) A loan mortgage pensioninvestment borrowing or any otherfinancial product

(d) A motor vehicle owned by or hiredby or leased to the insured otherthan agreements relating to thesale of motor vehicles where theinsured is engaged in the businessof selling motor vehicles

(iii) A dispute with an employee or ex-employee which arises out of or relatesto a contract of employment with theinsured

(iv) A dispute which arises out of – the sale or provision of computer

hardware software systems orservices

– the purchase or hire of computerhardware software systems orservices tailored by a supplier tothe insured’s own specification

(v) A dispute arising from a breach oralleged breach of professional duty byan insured person

(vi) The recovery of money and interestdue from another party other thandisputes where the other partyintimates that a defence exists

Debt recovery

DAS will negotiate for the insured’s legalrights including enforcement of judgementto recover money and interest due from thesale or provision of goods or services

5

Provided that(1) the debt exceeds £250(2) the claim is made within 90 days of the

money becoming due and payable(3) DAS has the right to select the

method of enforcement or to foregoenforcing judgement if they are notsatisfied that there are or will besufficient assets available to satisfyjudgement

Exclusions(i) Any debt arising from an agreement

entered into prior to the inception dateof the indemnity provided by thissection if the debt is due within thefirst 90 days of the indemnity providedby this section

(ii) Any claim relating to the following (a) The settlement payable under an

insurance policy (b) A lease licence or tenancy of land

or buildings (c) A loan mortgage pension

investment borrowing or any otherfinancial product

(d) A motor vehicle owned by or hiredby or leased to the insured otherthan agreements relating to thesale of motor vehicles where theinsured is engaged in the businessof selling motor vehicles

(iii) A dispute which arises out of thepurchase hire sale or provision ofcomputer hardware software systemsor services

(iv) The recovery of money and interestdue from another party where theother party intimates that a defenceexists

Property protection andbodily injury

(a) Property protection

DAS will negotiate for the insured’s legalrights in any civil action relating to materialproperty which is owned by or theresponsibility of the insured following

6

Page 56: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

56 POLICY DOCUMENT HOLIDAY HOMES

(a) any event which causes physicaldamage to such material property

or(b) any nuisance or trespass

ExclusionsAny claim relating to the following(i) A contract entered into by the insured(ii) Goods in transit or goods lent or hired

out(iii) Goods at premises other than those

occupied by the insured unless thegoods are at such premises for thepurpose of installations or use in workto be carried out by the insured

(iv) Mining subsidence(v) Defending the insured’s legal rights

other than in defending a counter-claim

(vi) A motor vehicle owned by or used byor hired by or leased to an insuredperson other than damage to motorvehicles where the insured is engagedin the business of selling motorvehicles

(b) Bodily injury

At the insured’s request DAS willnegotiate for an insured person’s and theirfamily members’ legal rights following anevent which causes the death of or bodilyinjury to them

ExclusionsAny claim relating to the following(i) Any illness or bodily injury which

develops gradually or is not caused bya specific or sudden accident

(ii) Defending an insured person’s andtheir family members’ legal rights otherthan in defending a counter-claim

(iii) A motor vehicle owned by or hired byor leased to or used by an insuredperson or their family members

Tax protection

(a) Full or aspect or CharityCommission enquiries

DAS will negotiate on behalf of the insuredand at the request of the insured thedirectors trustees and partners of theinsured in respect of a full enquiry and/oraspect enquiry and represent them in anysubsequent appeal proceedings and/or aninvestigation carried out by the CharityCommission into the insured’s businessaccounts

(b) Tax intervention enquiries

DAS will negotiate on behalf of the insuredand represent them in any dealings withHM Revenue & Customs in respect of a taxintervention enquiry

(c) Employers’ compliance

DAS will negotiate on behalf of the insuredand represent them in any appealproceedings in respect of a disputeconcerning the insured’s compliance withPay As You Earn or Social SecurityRegulations following a review by HMRevenue & Customs

(d) VAT disputes

DAS will negotiate on behalf of the insuredand represent them in any appealproceedings following an assessmentissued by HM Revenue & Customs inrespect of Value Added Tax due

Provided that(1) For all insured events the insured

has taken reasonable care to ensurethat all returns are complete andcorrect and that such returns aresubmitted within the statutory timelimits allowed

(2) We will not pay more than £2,000 foraspect enquiries or tax interventionenquiries

7

Page 57: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 57

Exclusions(i) In respect of aspect enquiries and

tax intervention enquiries the first£200 of costs and expenses in eachand every claim

(ii) Any insured event arising from a taxavoidance scheme

(iii) Any insured event caused by thefailure of the insured to register forValue Added Tax

(iv) Any insured event arising from anyinvestigations or enquiries undertakenby HM Revenue & Customs SpecialInvestigation Section or Special CivilInvestigations or the Revenue andCustoms Prosecution Office

(v) Any insured event arising from anyinvestigation or enquiry by HMRevenue & Customs into allegeddishonesty or alleged criminal offences

Holiday let

DAS will negotiate on behalf of the insuredfor the following.(1) Legal rights after an event which

causes physical damage to theinsured’s premises. The amount indispute must be more than £1,000.

(2) Legal rights to evict anyone in theinsured’s premises who does nothave permission to be there but notincluding claims arising from or relatingto a lease of land or buildings of morethan 56 days.

An excess of £250 applies to thissection this is payable as soon as DASaccept the claim.

(3) To defend legal rights if an eventarising from letting the insured’spremises leads to the insured beingprosecuted in a criminal court.

Exclusions(1) Any claim reported to DAS more than

90 days after the date the insuredshould have known about the insuredincident.

8

.(2) Any disagreement with the insured’stenant when the date of occurrenceis within the first 90 days of the firstperiod of insurance and the tenancyagreement started before the start ofthe policy.

(3) Any claim to do with someone legallytaking the insured’s premises fromthe insured whether the insured isoffered money or not or restrictions orcontrols placed on the insured’spremises by any government or publicor local authority unless the claim is foraccidental physical damage caused byany of the above.

(4) Any claim relating to any work done byany government or public or localauthority unless the claim is foraccidental physical damage to theinsured’s premises caused by any ofthe above.

Exclusions

1 Any claim reported to DAS more than180 days after the date the insuredperson should have known about theinsured event

2 Costs and expenses incurred beforethe written acceptance of a claim byDAS

3 Fines penalties compensation ordamages which the insured person isordered to pay by a court or otherauthority other than compensationawards as covered under insured event1(b) – Compensation awards andinsured event 2 – Legal defence

4 Any claim relating to patentscopyrights trademarks merchandisemarks registered designs intellectualproperty secrecy and confidentialityagreements

5 Any claim relating to rights under afranchise or agency agreemententered into by the insured

Page 58: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

58 POLICY DOCUMENT HOLIDAY HOMES

6 Any insured event deliberately orintentionally caused by an insuredperson

7 A dispute with us or DAS nototherwise dealt with under Condition 7of this section

8 Any claim relating to a shareholding orpartnership share in the insuredunless such shareholding was acquiredunder a scheme open to all employeesof the insured or a substantial numberof them of a certain minimum gradeother than the directors trustees orpartners of the insured

9 Judicial review

10 Any claim where the insured personbrings legal action resulting from oneor more events arising at the sametime or from the same originatingcause which could result in the courtmaking a Group Litigation Order

11 Any legal action an insured persontakes which DAS or therepresentative have not agreed to orwhere the insured person doesanything that hinders DAS or therepresentative

12 When either at the commencement ofor during the course of a claim notifiedunder this section the insured isbankrupt or has filed a bankruptcypetition or winding-up petition or hasmade an arrangement with its creditorsor has entered into a deed ofarrangement or is in liquidation or partor all of its affairs or property are in thecare or control of a receiver oradministrator

Conditions

1. An insured person must (a) keep to the terms and conditions of

the policy (b) notify us as soon as is reasonably

possible of any alteration whichmay materially affect ourassessment of the risk

(c) take reasonable steps to keep anyamount we have to pay as low aspossible

(d) try to prevent anything happeningthat may cause a claim

(e) send everything DAS ask for inwriting

(f) give DAS full and truthful details ofany claim as soon as possible andgive DAS any information theyneed

2. (a) DAS can take over and conduct inthe name of an insured personany claim or legal proceedings atany time

DAS can negotiate any claim onbehalf of an insured person

(b) DAS will choose therepresentative to represent aninsured person in any proceedingswhere we may be liable to pay acompensation award

In all other cases an insuredperson is free to choose arepresentative (by sending DASthe suitably qualified person’s nameand address) if

(i) DAS agrees to start legalproceedings and it becomesnecessary for a lawyer torepresent the interests of aninsured person in thoseproceedings or

(ii) there is a conflict of interest. (c) Before an insured person chooses

a lawyer or an accountant DAS canappoint a representative

Page 59: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 59

(d) A representative will be appointedby DAS and represent an insuredperson according to DAS’sstandard terms of appointmentwhich may include a ‘no win no fee’agreement

The representative must co-operate fully with DAS at all times

(e) DAS will have direct contact withthe representative

(f) An insured person must co-operate fully with DAS and therepresentative and must keepDAS up-to-date with the progressof the claim

(g) An insured person must give therepresentative any instructionsthat DAS require

3. (a) An insured person must tell DASif anyone offers to settle a claimand must not agree to anysettlement without DAS’s writtenconsent

(b) If an insured person does notaccept a reasonable offer to settlea claim we may refuse to pay anyfurther costs and expenses

(c) We may decide to pay the insuredperson a reasonable sum of moneysubject to the maximum sumrecoverable at law in settlement ofdamages that the insured personis claiming or is being claimedagainst them instead of starting orcontinuing legal proceedings

4. (a) If DAS ask an insured personmust tell the representative tohave costs and expenses taxedassessed or audited

(b) An insured person must takeevery step to recover costs andexpenses that we have to pay andmust pay us any costs andexpenses that are recovered

5. If a representative refuses to continueacting for an insured person withgood reason or if an insured persondismisses a representative withoutgood reason the cover we provide willend at once unless DAS agree toappoint another representative

6. If an insured person settles a claim orwithdraws their claim without theagreement of DAS or does not givesuitable instructions to arepresentative the cover we providewill end at once and we will be entitledto re-claim any costs and expensespaid by us

7. If there is a disagreement about theway DAS handle a claim that is notresolved through our complaintsprocedure DAS and the insuredperson can choose a suitably qualifiedperson to arbitrate

DAS and the insured person mustboth agree to the choice of this personin writing

Failing this DAS will ask the presidentof a national association relevant to thearbitration to choose a suitablyqualified person

All costs of resolving the matter mustbe paid by the party whose argumentis rejected

If a decision is not clearly madeagainst either party the arbitrator willdecide how the costs are shared

Page 60: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

60 POLICY DOCUMENT HOLIDAY HOMES

8. DAS may at their discretion require theinsured to obtain an opinion fromcounsel at the insured’s expense asto the merits of a claim or proceedings

If counsel’s opinion indicates that thereare reasonable grounds for the pursuitor defence of a claim or proceedingsthe cost of obtaining the opinion willbe paid for by us

9. All Acts of Parliament within thesection wording shall includeequivalent legislation in ScotlandNorthern Ireland the Isle of Man or theChannel Islands as the case may beand any subsequent amendment orreplacement legislation

10. This section will be governed byEnglish law

Page 61: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 61

Terrorism6

The schedule will show if thissection applies

Definitions

Each time any of the following words orphrases appear in this section in bold italictype (or in capital letters in the schedule)they will take the specific meaning shownbelow.

Where words or phrases are not highlightedin this manner the normal everydaymeaning of the word or phrase will apply.

Act of terrorismmeans acts of persons acting on behalf ofor in connection with any organisationwhich carries out activities directed towardsthe overthrowing or influencing by force orviolence of Her Majesty’s government in theUnited Kingdom or any other governmentde jure or de facto.

Business interruptionmeans loss arising from interruption orinterference with the business carried onby you at the premises as a result ofdamage to or destruction of property usedby you at the premises for the purpose ofthe business.

Denial of service attackmeans any actions or instructionsconstructed or generated with the ability todamage, interfere with or otherwise affectthe availability of networks, networkservices, network connectivity orinformation systems.

Denial of service attacks include but are notlimited to the generation of excess trafficinto network addresses, the exploitation ofsystem or network weaknesses and thegeneration of excess or non-genuine trafficbetween and amongst networks.

Eventmeans all individual losses arising inrespect of a continuous period of 72 hoursof which the proximate cause is the sameact of terrorism.

The date and time that any such period of72 hours shall commence shall be set byus.

Hackingmeans unauthorised access to anycomputer or other equipment or componentor system or item which processes, storesor retrieves data whether your property ornot.

Nuclear installationmeans any installation of such class ordescription as may be prescribed byregulations made by the relevant Secretaryof State from time to time by statutoryinstrument being an installation designed oradapted for(a) the production or use of atomic

energy;(b) the carrying out of any process which

is preparatory or ancillary to theproduction or use of atomic energyand which involves or is capable ofcausing the emission of ionisingradiations;

(c) the storage, processing or disposal ofnuclear fuel or of bulk quantities ofother radioactive matter being matterwhich has been produced or irradiatedin the course of the production or useof nuclear fuel.

Nuclear reactormeans any plant (including any machinery,equipment or appliance whether affixed toland or not) designed or adapted for theproduction of atomic energy by a fissionprocess in which a controlled chain reactioncan be maintained without an additionalsource of neutrons.

Phishingmeans any access or attempted access todata or information made by means ofmisrepresentation or deception.

Page 62: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

62 POLICY DOCUMENT HOLIDAY HOMES

Property insuredmeans all property which is insured underother sections of this policy.

Excluding(a) any land or building which is occupied

as a private residence or any partthereof which is so occupied unless(i) the remainder of the building is

not a private residence and isinsured under this policy;

(ii) such land or building is notinsured in the name of anindividual.

(b) any nuclear installation or nuclearreactor and all fixtures and fittingssituated thereon and attached theretoand all pipes, wires, cables, drains orother conduits or service media of anydescription which are affixed orconnected to or in any way serve suchnuclear installation or nuclearreactor.

Territorial limitsmeans England, Wales and Scotland butnot the territorial seas adjacent thereto asdefined by the Territorial Sea Act 1987.

Virus or similar mechanismmeans program code, programminginstruction or any set of instructionsintentionally constructed with the ability todamage, interfere with or otherwiseadversely affect computer programs, datafiles or operations whether involving self-replication or not.This includes but is not limited to Trojanhorses, worms and logic bombs.

Page 63: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 63

What is covered

We will pay you for(a) damage to or the destruction of property

insured belonging to you or for which you arelegally responsible;

(b) business interruption as insured by this policyoccasioned by or happening through or inconsequence of an act of terrorism within theterritorial limits.

Provided always that the insurance by this section(i) is not subject to any of the General exclusions of

this policy;(ii) is not subject to any long term agreement or

undertaking which may otherwise apply;(iii) is not subject to any terms in this policy which

provide for adjustments of premium;(iv) is subject otherwise to all the terms, provisions,

definitions and conditions of this policy exceptwhere expressly varied within this section;

(v) is subject to a maximum period of insurance of12 months from the inception or renewal date ofthis policy.

Any subsequent period of cover provided by thissection whether for 12 months or less isdeemed to constitute a new period of insuranceprovided that(a) no subsequent period of insurance by this

section shall extend beyond the nextrenewal date of this policy;

(b) the renewal premium due in respect of thissection has been received by us.

What is not covered

We will not be liable for any losses whatsoever(1) occasioned by riot, civil commotion, war, invasion,

act of foreign enemy, hostilities (whether war be declared or not), civil war,

rebellion, revolution, insurrection or military orusurped power.

(2) arising under(a) marine aviation and transit policies;(b) motor insurance policies;(c) bankers blanket bond.

(3) directly or indirectly caused by, contributed to by or arising from or occasioned by or resultingfrom(a) the alteration, modification, distortion,

corruption of or damage to any computer orother equipment or component or system oritem which processes, stores, transmits orreceives data or any part thereof whethertangible or intangible (including but withoutlimitation any information or programs orsoftware);

(b) any alteration, modification, distortion,erasure, corruption of data processed by anysuch computer or other equipment orcomponent or system or item

whether your property or not where such loss isdirectly or indirectly caused by or contributed toby or arising from or occasioned by or resultingfrom virus or similar mechanism or hackingor phishing or denial of service attack.

Basis of settlement

As described in the relevant section of this policy inrespect of damage to or destruction of the propertyinsured or business interruption.

The most we will pay for any one event is the lesser of(a) the total sum insured or(b) for each item its individual sum insured or(c) any other limit of liabilityas stated in the relevant section of this policy less theexcess.

The excess applicable to losses under this Terrorismsection shall be equal to the excess applied in respectof the risk of fire and/or explosion under the othersections of this policy.

Condition

(1) If we allege that any loss is not covered by thissection the burden of proving that such loss iscovered shall be upon you.

Page 64: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

64 POLICY DOCUMENT HOLIDAY HOMES

Your schedule will indicate if anyof the following apply

E1 Annexes

It is a condition precedent to liability thatany communicating door(s) between theannexe and the main home are kept lockedat all times. The door(s) must be fitted withone of options (a) or (b) below.

Option (a) a five-lever mortise deadlockconforming to BS3621.

Option (b) a rim deadlock conforming toBS3621.

E2 Swimming pools

In connection with swimming pools ownedor operated or managed by the insured

(1) it is a condition precedent to liabilityunder this policy that

(a) the water will be filtered orchanged weekly

(b) additives specifically designed forthe purposes of prevention of thespread of disease shall be mixed into the water of the swimming poolin quantities as recommended bythe manufacturer of such additives

(c) the edges of the pool will be keptfree from unnecessary obstructionsand covered with a non-slip surface.

(d) notices showing rules of conductand water depths shall beprominently displayed.

(2) this policy does not apply to liability inrespect of

(a) advice or instruction given by or onbehalf of the insured where owingto the inexperience or lack ofphysical capabilities of theperson(s) so advised or instructedthey could not be expected to carryout such advice or instructionswithout incurring injury tothemselves

(b) claims arising from the use ofdiving boards in excess of twometres above the height of theedge of the pool unless such divingboards are in areas designated fordiving only.

E3 Roof gardens

The property

It is important that the roof is designed tosupport the maximum load bearing weightfor that structure and that it is appropriatelysurfaced.

Liability

If the roof is greater than one metre fromthe ground there should be a secure fenceor railing around the edge. Ideally the roofshould be surfaced with a non-slip surfaceand it must be on a robust enoughconstruction that people or furniture will notfall through in to the building below. Accessto the roof garden should be by apermanently fixed ladder or stairs at asshallow an angle as possible to aid ascentand descent. A handrail should be fitted ifpossible.

E4 Hot tubs

It is a condition precedent to liability thatall hot tubs must have signs displayedstating that:

(1) No drinking glasses to be used in oraround the immediate vicinity of thehot tub

(2) No alcohol to be consumed whilstusing the hot tub

(3) Children must be supervised at alltimes

(4) the hot tub must be covered when notin use.

General endorsements

Page 65: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 65

E5 Flat roof

In respect of damage to any flat roof(s) atthe premises caused by storm it is acondition precedent to liability underSections 1 Property damage and 2 Loss ofrental income of this policy that the flatroof(s) have been inspected by a roofingcontractor with full membership of theNational Federation of Roofing Contractorsor the Confederation of RoofingContractors or by another person orcompany agreed by us in writing.

Inspections must take place at least onceevery 12 months. If not inspected within thelast 12 months you must arrange for theflat roof(s) to be inspected within the firstthree months of the current period ofinsurance.

Any recommendations made in inspectionreports must be complied with.

Evidence of inspections and/or repairs maybe required by us in the event of damage.

E6 Other interest

The party whose name appears alongsidethis endorsement number in the schedulehas an interest under the Buildings section.

E7 Minimum security

In respect of damage due to or arisingfrom theft, or attempted theft, maliciouspersons or vandals at the premises it is acondition precedent to liability under thispolicy that:

1. The final exit door is secured by a five-lever mortise deadlock conforming toBS3621

2. All other external doors are secured by five-lever mortise deadlocksconforming to BS3621 or key-operated security bolts operatinghorizontally fitted internally top andbottom.

3. On all patio doors or French windows (a) Hinge types are secured by key-

operated security bolts operatingvertically fitted internally top andbottom.

(b) Sliding types are secured by key-operated bolts vertically fittedinternally top and/or bottom.

4. All ground floor windows, skylights and any other openings tothe home which are accessible fromadjoining roofs, downpipes, balconiesor external stairs or measure morethan 9” x 9” (22.5cm x 22.5cm) mustbe secured by key - operated locks.

5. All panes of glass in louvre windowsare securely fixed in their channels.

6. All locking devices are brought intooperation and keys removed from thelocks whenever the premises are not inthe custody of the paying guest.

Page 66: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

66 POLICY DOCUMENT HOLIDAY HOMES

Complaints procedure

If you are unhappy with our products orservice, please contact us as soon aspossible.

You can complain in writing or verbally atany time to:

For all complaints other than Legalexpenses complaintsEcclesiastical Insurance Office plcBeaufort HouseBrunswick RoadGloucesterGL1 1JZ

Tel: 0345 777 3322Email: [email protected]

For Legal expenses complaintsDAS Legal Expenses Insurance CompanyLimitedDAS HouseQuay Side Temple BackBristol BS1 6NH

Tel: 0344 893 9013Email: [email protected]

Our promise to you

We will aim to resolve your complaint withinone business day.

To resolve your complaint we will:n Investigate your complaint diligently and

impartially.n Keep you informed of the progress of

the investigation.n For more complex issues, we may need

a little longer to investigate and we mayask you for further information to helpus reach a decision.

n Respond in writing to your complaint assoon as possible.

If you are not satisfied with our response, orif we have not completed our investigationwithin eight weeks, we will inform you ofyour right to take the complaint to:

The Financial Ombudsman ServiceExchange TowerLondon E14 9SR

Tel: 0800 0 234 567Email: [email protected]: www.financial-ombudsman.org.uk

This complaints handling procedure doesnot affect your right to take legalproceedings.

General information

Page 67: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

HOLIDAY HOMES POLICY DOCUMENT 67

The Financial ServicesCompensation Scheme (FSCS)

The Financial Services CompensationScheme (FSCS) is the independent body,set up by government, which gives you yourmoney back if your authorised* financialservices provider goes bust.

The FSCS protects a range of products forboth individuals and small businesses.Limits apply depending on the product youhave bought. The FSCS does not chargeindividual consumers for using its service.The FSCS cannot help you if the firm youhave done business with is still trading.

For further information on the scheme youcan visit the website at:

www.fscs.org.uk

or write to:

Financial Services Compensation Scheme10th Floor, Beaufort House,15 St Botolph Street,London EC3A 7QU.

Tel: 0207 741 4100 or 0800 678 1100Fax: 0207 741 4101Email [email protected]

* The FSCS can only pay compensation forcustomers of financial services firmsauthorised by the PRA or FCA.

Page 68: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

Notes

Page 69: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

Notes

Page 70: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

Notes

Page 71: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

This contract is underwritten by: Ecclesiastical Insurance Office plc.

Our FCA register number is 113848. Our permitted business is general insurance.

You can check this on the FCA’s register by visiting the FCA’s website

www.fca.org.uk/register

or by contacting the FCA on

0800 111 6768

Page 72: SP006 Care Policy - Boshers...2016/08/01  · However this exclusion does not apply to losses arising from naturally occurring radioactive gases released from the earth such as Radon.

PD1178/5/0816© Ecclesiastical Insurance Office plc 2016

Ecclesiastical Insurance Office plc (EIO) Reg. No. 24869. Ecclesiastical Insurance Group plc (EIG) Reg. No. 1718196. Ecclesiastical Life Ltd (ELL) Reg. No. 243111.E.I.O. Trustees Ltd Reg. No. 941199. All companies are registered in England at Beaufort House, Brunswick Road, Gloucester, GL1 1JZ, UK.

EIO and ELL are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Beaufort House, Brunswick Road,Gloucester GL1 1JZ