Page 73 - Sectional Title Policy Wording
P. 73
Public Liability (Claims-made Basis)
1.2.2 any director, trustee or employee of the Named Insured, while acting on behalf of or in the course and scope of their employment or engagement by the Named Insured;
1.2.3 any officer, member, or employee of the Named Insured’s canteen, social, sports, welfare organisation, fire, first aid or ambulance services (but excluding medical practitioners while working in a professional capacity) in their respective capacities as such;
1.2.4 any director or trustee of the Named Insured in respect of private manual work carried out by Your employee for any such person, with the consent of the Named Insured;
1.2.5 any principle, in his capacity as such, for liability arising out of work performed for or on behalf of such principle by the Named Insured, in respect of liability for which the Named Insured would have been entitled to an indemnity under this Section of the Policy if the claim had been made against the Named Insured;
2. Business
Business is as described in the schedule and will also include:
2.1 the ownership, repair, maintenance or use of the Named Insured’s premises;
2.2 the provision and management of canteen, social, sports and welfare organisations for the benefit of the Named Insured’s employees;
2.3 the provision and management of security, fire, first aid and ambulance services;
3. Bodily injury
death, injury, illness, or disease; and injury may also include nervous shock, mental anguish or mental illness.
4. Personal Injury
bodily injury, invasion of the right to privacy, discrimination, libel and slander, defamation of character, wrongful arrest, detention, imprisonment, eviction or wrongful accusation of shoplifting.
5. Property
tangible property, except where it includes rights of light, air, and water but, for the avoidance of doubt, will not include information (including electronically stored information), intellectual property, or intangible property rights of any kind, or any value therein.
6. Employee
any natural person whilst in Your regular service and whom You compensate by payment of salary, wages and/or commissions and whom You have the right to govern control and direct the performance of such service.
The term Employee will include:
6.1 part time and temporary Employees performing the duties of an Employee for You and provided by an employment and/or recruitment agency under a written contract of supply;
6.2 any director of Yours whilst performing acts within the scope of the usual duties of any Employee;
6.3 any person while hired or seconded from any other party into the service of Yourself and specifically declared to Hollard, whom You have the right at all times to govern control and direct in the performance of work done in the course of Your business;
6.4 any external contractor, such as but not limited to security guards, specifically declared to Hollard, whom You have the right at all times to govern control and direct in the performance of work done in the course of Your business;
6.5 students, volunteers or persons employed by You on youth training or work experience schemes;
6.6 any trustee of Yours, whilst performing acts within the scope of the usual duties of any Employee
7. Pollution Hazard
7.1 actual, alleged, or threatened:
7.1.1 ingestion, inhalation, absorption, release, escape, discharge, dispersal, seepage of, contact with, or exposure to, Pollutants;
7.1.2 subsequent spread, migration, or movement of Pollutants following 1.1 above;
7.2 the costs of cleaning up, containing, treating, detoxifying, neutralising, removing, monitoring of, or testing for, Pollutants and their effects, whether or not these are performed by You or third parties.
Sectional Title Insurance Policy Wording – Version 4 2023 Page | 71