Property Investors Protection Plan policy document (PDF)

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SECTION 5 Property Investors Protection Plan PolicySection 5Only applicable if this Section is shown as operative in the ScheduleTerrorism InsuranceIn consideration of the payment of thePremium in respect of the Period ofInsurance the cover provided under Sections1 and 2 of this policy is extended to includeDAMAGE occasioned by or happeningthrough or in consequence of Terrorism ashereinafter defined for the purposes of thisSection 5Terrorism is defined for the purposes of thisSection 5 only as1 An act of any person(s) acting on behalfof or in connection with any organisationwhich carries out activities directedtowards the overthrowing or influencingby force or violence of any governmentde jure or de facto as certified by HerMajesty’s Government or H M Treasury orany successor relevant authorityor2 An act of any person(s) acting alone andnot on behalf of or in connection with anyorganisation who carries out activitiesdirected towards the overthrowing orinfluencing by force or violence of anygovernment de jure or de facto and suchact not being certified by Her Majesty’sGovernment or HM Treasury or anysuccessor relevant authority and in theevent of any challenge to such noncertificationthe refusal to certify beingupheld by a Tribunal ruling confirmingsuch non-certificationProvided always that the insurance providedby this Section 5 isA in respect only of the insurance providedby paragraph 1 of this Section 5 notsubject to the Policy Exclusions but issubject to the following War and AlliedRisks exclusionDAMAGE occasioned by riot civilcommotion war invasion act of foreignenemy hostilities (whether war is declaredor not) civil war rebellion revolutioninsurrection or military or usurped powernationalisation confiscation requisitionseizure or destruction by the governmentor any public authorityB in respect only of the insurance providedby paragraph 2 of this Section 5 notsubject to Policy Exclusion 16(Terrorism etc)C subject to the following additionalexclusions1) Electronic Risks ExclusionThis insurance does not cover anylosses whatsoever directly or indirectlycaused by or contributed to by orarising from or occasioned by orresulting fromDAMAGE to any computer or otherequipment or component or system oritem which processes stores transmitsor retrieves data or any part thereofwhether tangible or intangible(including but without limitation anyinformation or programs or software)and whether the property of theInsured or not where such DAMAGE iscaused by Virus or Similar Mechanismor Hacking or Denial of Service AttackFor the purposes of this exclusion thefollowing definitions shall applyVirus or Similar MechanismVirus or Similar Mechanism meansprogram code programming instructionor any set of instructions intentionallyconstructed with the ability to damageinterfere with or otherwise adverselyaffect computer programs data files oroperations whether involving selfreplicationor not The definition of28
Property Investors Protection Plan Policy SECTION 5Virus or Similar Mechanism includesbut is not limited to Trojan horsesworms and logic bombsHackingHacking means unauthorised accessto any computer or other equipment orcomponent or system or item whichprocesses stores transmits orretrieves dataDenial of Service AttackDenial of Service Attack means anyactions or instructions constructed orgenerated with the ability to damageinterfere with or otherwise affect theavailability of networks networkservices network connectivity orinformation systems Denial of ServiceAttacks include but are not limited tothe generation of excess traffic intonetwork addresses the exploitation ofsystem or network weaknesses andthe generation of excess or nongenuinetraffic between andamongst networks2) Excluded PropertyThis insurance does not cover anylosses whatsoever directly or indirectlycaused by or contributed to by orarising from or occasioned by orresulting from DAMAGE in respect ofi) any property located outsideEngland Wales and Scotlandii) any nuclear installation ornuclear reactoriii) any property which is specificallyexcluded elsewhere in this Policyiv) any property which is insured by orwould but for the existence of thisPolicy be insured by any form oftransit aviation or marine policyD subject to the following additional policyterms and conditions1) In any action or other proceedings wherethe Company alleges that any DAMAGEis not covered by this Section 5 theburden of proving that such DAMAGE iscovered shall be upon the Insured2) Except where otherwise indicated in thisSection 5 the insurance provided by thisSection 5 is subject to all the termsdefinitions exclusions conditions andprovisions of this Policy Subject to anylimits stated within this Section 5 theCompany’s liability in respect of all lossesarising out of any one occurrence and inthe aggregate in any one period ofinsurance shall not exceed the limits asotherwise specified under this PolicyE in respect only of the insurance providedby paragraph 2 of this Section 5 subjectto the following additional policy termthe liability of the Company in respect ofDAMAGE directly or indirectly caused bycontributed to by resulting from or arisingout of or in connection with biologicalchemical or nuclear pollution orcontamination will be subject to a limitof up to £25 million any one loss andin the aggregate during any one periodof insurance29
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