10.07.2015 Views

Property Investors Protection Plan policy document (PDF)

Property Investors Protection Plan policy document (PDF)

Property Investors Protection Plan policy document (PDF)

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SECTION 4 <strong>Property</strong> <strong>Investors</strong> <strong>Protection</strong> <strong>Plan</strong> PolicySection 4Only applicable if this Section is shown as operative in the ScheduleEmployers LiabilityIndemnityThe Company will indemnify the Insuredagainst all sums that the Insured shallbecome legally liable to pay as damagestogether with costs and expenses shownbelow in respect of Injury sustained withinthe Territorial Limits during the Period ofInsurance by any Employee arising out ofand in the course of his/her employment bythe Insured in the BusinessLimit of IndemnityThe liability of the Company under thisSection for damages costs and expensespayable in respect of any one claim againstthe Insured or series of claims against theInsured arising out of one event shall notexceed the amount stated in the ScheduleCosts and expenses shall be deemedto mean –1 costs and expenses of claimants for whichthe Insured is legally liable2 other costs and expenses incurred withthe Companys written consent in respectof any claim which may be the subject ofindemnity under this Section3 solicitors fees incurred with the Companyswritten consent fora) defence in any Court of SummaryJurisdiction of any proceedings broughtagainst the Insured in respect of breachor alleged breach of any statutory dutyresulting in Injuryb) representation at a Coroners Court orFatal Accident Inquiry in respect ofany deathwhich may be subject to indemnity underthis Section4 legal costs and expenses incurred by theInsured and at the request of the Insuredany director or Employee with theCompanys written consent and costsawarded against the Insured or director orEmployee arising in connection with aprosecution (including an appeal againstany conviction resulting from aprosecution) as a result of an allegedoffence occurring during the Period ofInsurance under the Health and Safety atWork etc Act 1974 or similar safetylegislation of Great Britain NorthernIreland the Channel Islands or the Isle ofMan provided thata) the proceedings relate to the health safetyor welfare of Employeesb) the Company will not indemnify theInsured in respect ofi) fines or penaltiesii) costs and expenses insured by anyother <strong>policy</strong>Right of RecoveryThis Section is deemed to be in accordancewith the provisions of any law relating tocompulsory insurance of liability toEmployees in Great Britain Northern Irelandthe Channel Islands or the Isle of Man butthe Insured shall repay to the Company allsums paid by the Company which theCompany would not have been liable to paybut for the provisions of such law26

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