Combined General Liability Insurance Policy - Zurich

Transcription

Combined General LiabilityInsurancePolicy Wording

ContentsWelcome to ZurichAbout Zurich.Duty of Disclosure.Our contract with you.Privacy.General Insurance Code of Practice.Complaints and Disputes Resolution process.222233Combined General Liability Insurance – Policy WordingInsuring Clause.Limits of Liability.Extensions of Cover.Definitions.Exclusions.General Conditions .44471116ZU10636 - V5 04/22 - PCUS-018476-20221.2.3.4.5.6.Page 1 of 19

Welcome to ZurichAbout ZurichThe insurer of this product is Zurich Australian Insurance Limited (ZAIL), ABN 13 000 296 640, AFS Licence Number232507, a subsidiary of Zurich Financial Services Australia Limited (ZFSA). In this document, ZAIL may also beexpressed as ‘Zurich’, ‘we’, ‘us’ or ‘our’.ZAIL is part of the Zurich Insurance Group, a leading multi-line insurance provider with a global network of subsidiariesand offices. With about 55,000 employees, the Zurich Insurance Group delivers a wide range of general insuranceand life insurance products and services for individuals, small businesses, mid-sized and large companies, includingmultinational corporations, in more than 170 countries.Duty of DisclosureBefore you enter into an insurance contract, you have a duty to tell us anything that you know, or could reasonablybe expected to know, may affect our decision to insure you and on what terms.You have this duty until we agree to insure you.You have the same duty before you renew, extend, vary or reinstate an insurance contract.You do not need to tell us anything that: reduces the risk we insure you for; or is common knowledge; or we know or should know as an insurer; or we waive your duty to tell us about.If you do not tell us somethingIf you do not tell us anything you are required to, we may cancel your contract or reduce the amount we will pay youif you make a claim, or both.If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.Our contract with youYour Policy is a contract of insurance between you and Zurich and contains all the details of the cover that we provide.Your Policy is made up of: the Policy wording. It tells you what is covered, sets out the claims procedure, exclusions and other terms andconditions of cover; the proposal, which is the information you provide to us when applying for insurance cover; your most current schedule issued by us. The schedule is a separate document unique to you, which shows theinsurance details relevant to you. It includes any changes, exclusions, terms and conditions made to suit yourindividual circumstances and may amend the Policy; and any other written change otherwise advised by us in writing (such as an endorsement). These written changesvary or modify the above documents. This document is used for any offer of renewal we may make, unless we tell you otherwise. Please keep your Policyin a safe place. We reserve the right to change the terms of this product where permitted to do so by law.PrivacyZurich is bound by the Privacy Act 1988 (Cth). We collect, disclose and handle information, and in some cases personalor sensitive (eg health) information, about you (‘your details’) to assess applications, administer policies, contact you,enhance our products and services and manage claims (‘Purposes’). If you do not provide your information, we may notbe able to do those things. By providing us, our representatives or your intermediary with information, you consent to ususing, disclosing to third parties and collecting from third parties your details for the Purposes.Page 2 of 19

We may disclose your details, including your sensitive information, to relevant third parties including your intermediary,affiliates of Zurich Insurance Group Ltd, other insurers and reinsurers, our banking gateway providers and credit cardtransactions processors, our service providers, our business partners, health practitioners, your employer, partiesaffected by claims, government bodies, regulators, law enforcement bodies and as required by law, within Australiaand overseas.We may obtain your details from relevant third parties, including those listed above. Before giving us information aboutanother person, please give them a copy of this document. Laws authorising or requiring us to collect informationinclude the Insurance Contracts Act 1984 (Cth), Anti-Money Laundering and Counter-Terrorism Financing Act 2006(Cth), Corporations Act 2001 (Cth), Autonomous Sanctions Act 2011 (Cth), A New Tax System (Goods and Services Tax)Act 1999 (Cth) and other financial services, crime prevention, trade sanctions and tax laws.Zurich’s Privacy Policy, available at www.zurich.com.au or by telephoning us on 132 687, provides further information andlists service providers, business partners and countries in which recipients of your details are likely to be located. It alsosets out how we handle complaints and how you can access or correct your details or make a complaint.General Insurance Code of PracticeWe are signatories to the General Insurance Code of Practice (the Code) and support the Code.The objectives of the Code are: to commit us to high standards of service; to promote better, more informed relations between us and you; to maintain and promote trust and confidence in the general insurance industry; to provide fair and effective mechanisms for the resolution of complaints and disputes you make about us; and to promote continuous improvement of the general insurance industry through education and training.The Code Governance Committee is an independent body that monitors and enforces insurers compliance with the Code.Further information about the Code or the Code Governance Committee and your rights under it is available athttps://insurancecouncil.com.au/cop/ or by contacting us.Complaints and Disputes Resolution processIf you have a complaint about an insurance product we have issued or the service you have received from us, pleasecontact your intermediary to initiate your complaint with us. If you are unable to contact your intermediary, you cancontact us directly on 132 687. We will acknowledge receipt of your complaint within 24 hours or as soon as practicable.If you are not satisfied with our initial response, you may access our internal dispute resolution process. Please refer tothe general insurance fact sheet available on our website for details of our internal dispute resolution process.We expect that our internal dispute resolution process will deal fairly and promptly with your complaint, however, youmay take your complaint to the Australian Financial Complaints Authority (AFCA) at any time.AFCA is an independent external dispute resolution scheme. We are a member of this scheme and we agree tobe bound by its determinations about a dispute. AFCA provides fair and independent financial services complaintresolution that is free to you.Their contact details are:Website: www.afca.org.auEmail: info@afca.org.auFreecall: 1800 931 678In writing to: The Australian Financial Complaints Authority, GPO Box 3, Melbourne, Victoria 3001.If your complaint or dispute falls outside the AFCA Rules, you can seek independent legal advice or access any otherexternal dispute resolution options that may be available to you.Page 3 of 19

Combined General Liability InsuranceIn consideration of the insured having paid or agreed to pay the premium, Zurich, on the basis ofall information provided to us, agrees with the insured to provide insurance as follows, subject tothe provisions of this policy and on the basis that this policy shall not be in force unless it has beensigned by an authorised Zurich official.1.Insuring ClauseZurich, subject to the terms and conditions of this policy, will indemnify the insured for all amounts which theinsured becomes legally liable to pay as compensation arising out of:1.1personal injury;1.2property damage; or1.3advertising liability,happening during the period of insurance within the territorial limits as a result of an occurrence in connectionwith the business or products.2.Limits of LiabilityZurich’s liability, in respect of all compensation for:2.1Public Liability;2.2Products Liability; and2.3Advertising Liability;under this policy as a result of any one occurrence and in the aggregate where applicable, shall not exceed theLimits of Liability specified in the schedule.3.Extensions of Cover3.1Additional paymentsZurich will, in addition to the Limits of Liability specified in the schedule, pay additional payments for:3.1.1legal costs and expenses incurred by Zurich, or the insured with Zurich’s written consent, in thesettlement or defence of any claim for compensation in respect of which the insured is entitledto indemnity under this policy, or if sustained, would be so entitled;3.1.2fees incurred with Zurich’s written consent for any solicitor, defence counsel or the equivalent of, forrepresentation at any inquest, fatal inquiry or criminal proceedings relating to an occurrence whichgives rise to a claim for compensation under this policy; and3.1.3the reasonable expenses incurred by the insured for first aid to others at the time of personal injurycaused by an occurrence (other than medical expenses prohibited by law).In respect of occurrences in North America, or occurrences in respect of which a claim for compensation isbrought in a court of law in North America, the Limits of Liability specified in the schedule shall be inclusiveof all such additional payments.3.2Automatic acquisition clauseThis policy shall extend to apply on a contingency basis to any company or companies acquired orestablished or created by the insured during the period of insurance, provided that:3.2.1their business complies with that outlined in the schedule;3.2.2the turnover of the new company or companies does not exceed 10% of the turnover which wasthe basis of the premium calculation; and3.2.3the new company or companies are domiciled in Australia.Page 4 of 19

This cover applies only for 90 days following the takeover or formation of the company or companies.Unless Zurich expressly confirms coverage, this contingent coverage will expire on the 90th day followingthe takeover or formation of the companies.Zurich reserves the right to charge an additional premium and/or apply additional terms.3.3Care, custody and controlZurich will indemnify the insured for property in their care, custody and control, to where Exclusion 5.5 ‘Care,custody and control’ shall not apply with regard to:3.3.1the personal property, tools and effects of any of your directors, partners, proprietors, officers,executives or employees, or the clothing and personal effects of any of your visitors;3.3.2premises or part(s) of premises (including their contents) leased or rented, or temporarily occupiedby, you for the purpose of the business, but no cover is provided by this policy if you have assumedthe responsibility to insure such premises;3.3.3(i)premises (and/or) their contents temporarily occupied by you for the purpose of carrying outwork in connection with your business; or(ii)any other property temporarily in your possession for the purpose of being worked upon,but no indemnity is granted for damage to that part of any property upon which you are or havebeen working if the damage arises solely out of such work.3.3.4any vehicle (including its contents, spare parts and accessories while they are in or on such vehicle)not belonging to or used by you, whilst any such vehicle is in a car park owned or operated by youprovided that you do not operate the car park for reward, as a principal part of your business;3.3.5notwithstanding Exclusion 5.6 ‘Contractual liability’, any property (except property that you own) notmentioned in paragraphs 3.3.1 to 3.3.4 above whilst in your physical or legal care, custody or controlwhether or not you have accepted or assumed legal liability for such property, provided that ourliability under this Extension of Cover shall not exceed 500,000 or the amount specified in theschedule, if higher, in respect of any one claim or series of claims arising out of any one occurrenceor any other greater amount set out in the schedule.3.4Claims series clause3.4.1An occurrence or series of occurrences which are attributable directly or indirectly or allegedly to thesame event, condition, defect or hazard, or failure to warn shall be added together and treated as oneoccurrence, irrespective of the period of time after the commencement of the period of insurance orthe number of persons or entities that sustain property damage and/or personal injury.3.4.2All such occurrences shall be deemed to have occurred on the day of the first of such occurrences.3.4.3The Limits of Liability specified in the schedule are non-cumulative.3.4.4We shall not indemnify the insured for any liability of whatsoever nature in connection with personalinjury or property damage where such personal injury or property damage is in any way connectedwith or related to an occurrence or events or circumstances, whether of a continuous, intermittent orrepeated exposure, which had occurred or commenced or existed prior to the date of inception ofthis policy.3.5Compensation for court attendanceIf an insured attends court as a witness, at Zurich’s request, in connection with an occurrence in respect ofwhich the insured is entitled to indemnity under this policy, Zurich will provide compensation to the insuredat the following rates per day for each day on which attendance is required:3.5.1any director, officer or partner of the insured 500.00 per day;3.5.2any employee of the insured 250.00 per day.Page 5 of 19

3.6Difference in conditions / Difference in limitsWhere the insured requires a local policy or policies to be issued or where a local policy is issued to complywith local legal requirements, the insured shall agree with Zurich as to which insurer will issue the local policywhich, if possible, will be Zurich.Should any such local policy, by virtue of its scope of Cover, Definitions, Terms, Conditions or Limitsof Liability, not indemnify the insured in whole or in part in respect of such insured’s legal liability forcompensation and additional payments as outlined, then this policy shall provide indemnity to the extentthat such indemnity is not provided by the local policy, but which would have been provided had such localpolicy followed the terms and conditions of this policy.Provided that:3.6.1the local policies, as agreed with Zurich, shall be maintained in force;3.6.2all payments made under this policy and under local policies shall be counted in diminution of theLimits of Liability specified in the schedule;3.6.3the insured shall reimburse to Zurich within 28 days any losses or payments paid by Zurich or itsauthorised representative, in excess of the Limits of Liability specified in the schedule.For the avoidance of doubt it is the intention of the parties that no local policy or combination of localpolicies will give a monetary benefit greater than this policy; and3.6.4this policy shall not indemnify the insured in respect of any deductible or excess applying in anylocal policy, and it is further understood and agreed that if the local policy has not been issued aspart of the insured’s structured insurance arrangements as agreed by Zurich, then the Deductiblespecified in the schedule will be the applicable deductible.3.7Joint ventureZurich will indemnify the insured in the event of any claim caused by or arising out of any joint venture inwhich the insured has an interest limited to the Limits of Liability stated in the schedule.Where the percentage of interest of the insured in the joint venue is not set forth in writing, the percentageto be applied shall be that which is imposed by law at the inception of the joint venture and shall not beincreased by the insolvency of the others interested in the joint venture.The indemnity will not apply:3.7.1to claims of the partners in the joint venture against one another;3.7.2to claims by the joint venture against the insured; or3.7.3resulting from non-disclosure of a material fact.3.8Master program3.8.1This policy acts as a master public and products liability programme to operate where local policieshave been issued at Zurich’s request for the Limits of Liability, and in countries specified in theschedule and reinsured by Zurich;3.8.2The Limits of Liability for this policy are the Limits of Liability for all policies that form part of theprogramme;3.8.3The total limits of liability of all local policies and this policy shall not exceed the Limits of Liabilityspecified in the schedule;3.8.4Any payments made by Zurich under any local policies shall be deducted from the Limits of Liabilityunder this policy. If the Limits of Liability under this policy are exhausted, Zurich will not be liable forany further payments under any of the local policies;3.8.5The notice of cancellation of this policy as per clause 6.3 ‘Cancellation’ causes the automaticcancellation of all policies that form part of the programme at the same effective date without thenecessity of any additional notice of cancellation.Page 6 of 19

3.94.Overseas personal liabilityZurich will indemnify the insured for legal liability incurred in connection with the business which may bedeemed to include any liability incurred in a personal capacity by an employee or director (including thespouse or any family member of any such person while accompanying such employee or director) whilsttravelling outside his or her country of domicile in connection with the business, provided that the employeeor director is not entitled to indemnity under any other policy of insurance, self insurance or deductibleprogramme effected in the insured’s name.DefinitionsWhen used in this policy, its schedule and its Endorsements, the following definitions shall apply:4.1Act of terrorismact of terrorism means any act, or preparation in respect of action, or threat of action designed to influencethe government de jure or de facto of any nation or any political division thereof, or in pursuit of political,religious, ideological or similar purposes to intimidate the public or a section of the public of any nationby any person or group(s) of persons whether acting alone or on behalf of or in connection with anyorganisation(s) or government(s) de jure or de facto, and which:4.1.1involves violence against one or more persons;4.1.2involves damage to property;4.1.3endangers life other than that of the person committing the action;4.1.4creates a risk to health or safety of the public or a section of the public; or4.1.5is designed to interfere with or to disrupt an electronic system.4.2Advertising liabilityadvertising liability means:4.2.1infringement of copyright of, or passing off of a title or slogan;4.2.2unfair competition, piracy or idea misappropriation contrary to an implied contract;4.2.3invasion of privacy; or4.2.4defamation, libel, slander,committed or alleged to have been committed during the period of insurance in any advertisement, publicityarticle, broadcast or telecast arising out of the insured’s advertising activities or any advertising activitiesconducted on the insured’s behalf, in the course of advertising the products, goods or services related tothose products.4.3 Aircraftaircraft shall mean any vessel, craft or thing made, or intended, to fly or move in or through the atmosphereor space.4.4 Businessbusiness means all activities and operations specified in the schedule and includes:4.4.1the provision and management of catering, social, sports, welfare, childcare, theatrical and relatedfacilities including galas for the benefit of employees;4.4.2the provision of fire, first aid, ambulance and security services;4.4.3at the insured’s discretion, private work carried out by an employee for a director or partner oremployee of the insured’s;4.4.4the ownership, maintenance, repair and occupation of premises or facilities belonging to the insured;4.4.5attendance at or participation in trade fairs, shows and exhibitions by any employee or director inconnection with their employment;4.4.6provision of sponsorship.Page 7 of 19

4.5 Compensationcompensation means monies paid or agreed to be paid by judgment or settlement for:4.5.1personal injury;4.5.2property damage; and4.5.3advertising liability.4.6Computer viruscomputer virus means an executable program or computer code segment that is self-replicating, requiresa host program or executable segment in which it can be contained, and which destroys or alters the host,program or other computer code or data, causing undesired program or computer system operation.4.7Cyber eventcyber event means any occurrence in any way connected with:4.7.1an IT Network; or4.7.2computer virus.4.8 Deductibledeductible means the first amount of each occurrence which is payable by the insured as stated in theschedule. The deductible applies to all amounts payable under this policy including the indemnity providedunder Additional Payments.4.9 Employeeemployee means:4.9.1any person under a contract of service or apprenticeship with the insured;4.9.2any labour master or person supplied, or any person supplied by a labour only sub-contractor;4.9.3any self-employed person working under contract with the insured and under its direction;4.9.4any person hired by the insured from another employer subject to a written agreement under whichthe person is deemed to be employed by the insured;4.9.5any student or person undertaking work for the insured under a work experience or similar scheme; or4.9.6any voluntary helper,whilst engaged in connection with the business.4.10 Employment practicesemployment practices mean any wrongful or unfair dismissal, denial of natural justice, defamation,misleading representation or advertising, sexual harassment or discrimination in respect of employmentby the insured.4.11 Hovercrafthovercraft means any vessel, craft or device made to float on or in or travel on or through the atmosphereor water on a cushion of air provided by a downward force.4.12 Insuredinsured means the Insured named in the schedule, and includes:4.12.1any of the insured’s subsidiary companies (including subsidiaries thereof) and any other entity underthe insured’s control, and over which the insured exercises active management;4.12.2any of the insured’s directors, officers, employees or partners but only whilst acting within the scopeof their duties in such capacity;Page 8 of 19

4.12.3any person, principal, organisation, trustee or estate to whom or to which the insured is obligated byvirtue of a written contract to provide insurance as is afforded by this policy, but only to the extentthat is required by such contract and in any event only for such coverage and Limits of Liability asprovided in this policy;4.12.4any social and/or sporting clubs, first aid, fire and ambulance services formed with the insured’sconsent and includes any office bearer or member thereof in their respective capabilities as such; and4.12.5any of the insured’s directors or senior executives in respect of private work undertaken by theinsured’s employees for such director or senior executive.4.13Internet operationsinternet operations means:4.13.1transfer of computer data or programmes by use of electronic mail systems by the insured or theinsured’s employees, including for the purpose of this definition only, part-time and temporary staff,contractors and others within the insured’s organisation whether or not such data or programmescontain any malicious or damaging code, including but not limited to computer virus, worm, logicbomb, or trojan horse;4.12.2access through the insured’s network to the world wide web or a public internet site by the insuredor the insured’s employees, including for the purposes of this definition only, part-time andtemporary staff, contractors and others within the insured’s organisation;4.12.3access to the insured’s intranet (meaning internal company information and computing resources)which is made available through the world wide web for the insured’s customers or others outsidethe insured’s organisation; and4.12.4the operation and maintenance of the insured’s web site.4.14IT networkIT network means any computer hardware (or components thereof), software (or components thereof),communication system networks, internet operations, websites whosesoever hosted, online or offline medialibraries, data, or any other peripheral devices.4.15Motor vehiclemotor vehicle means any type of machine and attachments thereto including a trailer designed for useon land only, and which travels on wheels or on self laid tracks and is propelled by other than manualor animal power.4.16North AmericaNorth America means:4.16.1the United States of America and Canada; and4.16.2any state or territory incorporated in, or administered by, the United States of America or Canada.4.17 Occurrenceoccurrence means an event, including continuous or repeated exposure to conditions, which results inpersonal injury, property damage or advertising liability neither expected nor intended from the insured’sstandpoint, during the period of insurance.With respect to personal injury or property damage, all such exposure to substantially the same generalconditions shall be deemed one occurrence.With respect to advertising liability all damages involving the same injurious material or act, regardless ofthe frequency or repetition thereof, the number and kind of media used and the number of claimants, shallbe deemed to arise out of one occurrence.Page 9 of 19

4.18Period of insuranceperiod of insurance means the Period of Insurance stated in the schedule.4.19Personal injurypersonal injury means:4.19.1bodily injury, death, disease, illness, disability, nervous shock, mental anguish or loss of consortium;4.19.2false arrest, false detention, wrongful imprisonment, malicious prosecution or humiliation;4.19.3wrongful entry or wrongful eviction or other invasion of privacy;4.19.4defamation, libel or slander; and4.19.5assault and/or battery committed by or at the direction of the insured whilst engaged in the businessand for the purpose of preventing or eliminating danger to persons or property.4.20 Pollutantspollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited tosmoke, vapour, soot, fumes, acid, alkalis, chemicals or waste. Waste includes but is not limited to materialto be recycled, reconditioned or reclaimed.4.21 Productsproducts mean any goods or products manufactured, grown, extracted, produced, processed, treated,altered, handled, sold, supplied, distributed, imported, exported, repaired, serviced, installed, assembled,erected or constructed by the insured (including packaging and containers) in connection with the businessin or from the territorial limits, and after it has ceased to be the insured’s property, or in the insured’s custodyor legal control.4.22 Property damageproperty damage means:4.22.1physical damage to, or loss of or destruction of tangible property, including the subsequent lossof use of that property;4.22.2 loss of use and/or loss of value of tangible property that has not been physically damaged, physicallylost or physically destroyed provided such loss of use and/or loss of value is caused by physicaldamage to, physical loss of or physical destruction of other tangible property; and includes denialof access to property, premises, services or facilities, interference with or stoppage of vehicular orpedestrian traffic; and4.22.3 trespass, nuisance or interference with right of way or right to light air or water, easement orquasi-easement.4.23 Scheduleschedule means the Schedule attaching to and forming part of this policy, including any Schedulesubstituted for the original Schedule.4.24 Silicasilica means silicon dioxide, (occurring in crystalline, amorphous and impure forms), silica particles,silica dust or silica compounds.4.25 Sili

ZAIL is part of the Zurich Insurance Group, a leading multi-line insurance provider with a global network of subsidiaries and offices. With about 55,000 employees, the Zurich Insurance Group delivers a wide range of general insurance and life insurance products and services for individuals, small businesses, mid-sized and large companies, including