Page 16 - Policy Wording - Commercial Underwriting Mandates & Guidelines Binder Addendum

Definitions
3.3.2 Temporary Work
The public liability and/or products liability risk of work performed solely by the original insured’s employees and/or directors resident outside the USA and Canada, who are temporarily visiting the USA and/or Canada.
3.3.3 Temporary Visits
The employer’s liability risk of the original Insured’s employees and/or directors resident outside the USA and Canada, who are temporarily visiting the USA and/or Canada in the course of their employment.
Provided always:
3.3.3.1 the policy otherwise protects operations wholly located outside the USA and/or Canada;
and
3.3.3.2 the policy is issued outside of the USA and/or Canada.
Annexure A – Treaty Exclusions
Operations
An operation located in the USA and/or Canada shall be defined as a legal or physical presence in the USA and/or Canada (whether incorporated or not) of an original insured. The physical presence of a product in the USA and/or Canada manufactured and/or supplied by an original insured outside of the USA and/or Canada shall not alone constitute an operation.
Sales and/or Distribution Office(s)
Sales and/or distribution office(s) shall be defined as a sales, marketing or distribution operation of an original insured not otherwise excluded, including associated:
1. storage;
2. final product preparation (i.e. re-packaging, packing, labelling, cleaning or the provision of operating instructions prior to sale);
3. office accommodation;
but always excluding liability arising from:
1. manufacture;
2. final assembly;
3. repair, service, maintenance;
4. amendment, enhancement, alteration.
3.4
North American Costs Inclusive Clause (LGT398) (1994)
Notwithstanding anything to the contrary contained herein, in respect of any claim made with the legal jurisdiction of the USA and/or Canada upon an insured and/or reinsured under any policy covering Public and/or Products Liability issued to an insured which to the knowledge of the Reinsured exports products and/or goods to the USA and/or Canada or has exposure in the USA and/or Canada as provided by the North American Operations Exclusion Clause LGT397 (1994), it is understood and agreed that this Contract shall only provide cover to the Reinsured on the basis that for the purposes of recovery hereunder, the limit of indemnity provided by such policy shall be deemed to comprise the Reinsured‟s maximum liability:
3.4.1 3.4.2
inclusive of all costs and expenses in respect of Public Liability;
in the aggregate in any one period of insurance inclusive of all costs and expenses in Products Liability.
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Commercial Underwriting Mandates & Guidelines – Binder Addendums – Version 2 2020