Property Investors Protection Plan policy document (PDF)

SECTION 3 Property Investors Protection Plan PolicySection 324Public LiabilityIndemnityThe Company will Indemnify the Insuredagainst all sums the Insured shall becomelegally liable to pay as damages and claimantscosts and expenses arising out of accidentala) Injury to any personb) loss or damage to material propertyc) obstruction, trespass, nuisance orinterference with any right of way air light orwater or other easementd) wrongful arrest detention imprisonment oreviction of any person or invasion of the rightof privacyoccurring within the Territorial Limits during thePeriod of Insurance and happening inconnection with the BusinessLimit of LiabilityThe liability of the Company for all damagespayable as a result of any one occurrence or ofall occurrences of a series consequent upon orattributable to one source or original cause shallnot exceed the Limit of Indemnity stated inthe ScheduleIn addition the Company will pay1 all other costs and expenses incurred with itswritten consent2 the legal costs and expenses incurred with itswritten consent for the defence ofprosecution brought under the Health andSafety at Work etc Act 1974 for any allegedoffence or under the Health and Safety atWork (Northern Ireland) Order 1978 includinglegal costs and expenses incurred with theconsent of the Company in an appealagainst conviction arising from suchproceedings provided that –a) the proceedings relate to the health safetyand welfare of persons otherthan Employeesb) the Company will not indemnify the Insuredin respect ofi) fines and penaltiesii) costs or expenses insured by anyother policyClausesContractual LiabilityIn connection with liability assumed underagreement this Sectiona) shall apply only if the conduct and control ofclaims is vested in the Companyb) shall not apply in respect of liquidateddamages fines or penaltiesCross LiabilitiesIf more than one Insured is referred to in theSchedule each Insured so named shall beconsidered as a separate and distinct entity andthe word Insured shall be construed as applyingto each separate Insured in the same manneras if a separate policy had been issued to eachProvided always that the liability of theCompany for all damages payable as a resultof any one occurrence or of all occurrences ofa series consequent upon or attributable toone source or original cause shall not exceedin the aggregate the Limit of Indemnity statedin the ScheduleDischarge of LiabilityThe Company may pay the Limit of Indemnityor any lesser amount for which any claim orclaims against the Insured can be settled andthe Company shall be under no further liabilityin respect of such claim or claims except forcosts or expenses incurred prior to the date ofsuch paymentExtensionsAdditional Persons InsuredThe Insured shall extend to include in the eventof the death of any person entitled to indemnityunder this Section the deceased’s legalpersonal representatives but only in respect ofliability incurred by such deceased personAt the request of the Insured the Company willindemnify in the terms of this Section anydirector of the Insured or Employee in respectof liability arising in connection with theownership of the premises described inthe Schedule