Page 93 - Hollard Business Branch Policy Wording
P. 93
Combined Liability (Claims-made Basis)
3.2 arising from ine cacy or failure to conform to speci ca on, unless such ine cacy or failure is due to negligence in the following of such speci ca on;
4. arising from goods or products intended to be installed and installed in, or intended to form part of and forming part of, an aircra ;
5. in respect of injury or damage happening in the United States of America or Canada caused by or through or in connec on with any goods or products sold or supplied by or to the Insured, if such goods or products have, to the Insured's knowledge, been exported to the United States of America or Canada by or on the Insured's behalf.
EXTENSIONS (applicable to Sub-Sec on 2 – Products Liability only)
Subject to all the Terms, Excep ons, Condi ons and Endorsements rela ng to this Sub-Sec on of the Policy, the Insured will be indemni ed as below. The total of all payments made under these Extensions will be part of and not in addi on to the Limit of Liability. The Extensions are also subject to the rst amount payable as stated in the Schedule.
Automa c acquisi ons
The indemnity a orded by this Sub-Sec on of the Policy will apply automa cally to all opera ons including premises acquired, established or created during the period of insurance;
PROVIDED THAT:
1. the Insured no es the Company in wri ng with full underwri ng informa on:
1.1 within 90 (ninety) days for new acquisi ons where annual turnover is not more than 15% ( een percent) of the Insured’s last published annual turnover gure and there is no material altera on to the business or risk;
1.2 as soon as prac cable for new acquisi ons other than as detailed in 1.1 above;
1.3 at the beginning of any new period of insurance if this is earlier than 1.1 or 1.2 above;
2. turnover for any new acquisi ons will be declared in accordance with Speci c Policy Condi on 7 where this Sub- Sec on of the Policy is wri en on an adjustable basis;
3. the Company reserves the right to:
3.1 establish a separate rate and premium and, if appropriate, terms where the Sub-Sec on of the Policy is wri en on a nonadjustable basis and the total annual turnover of the new acquisi ons represents an increase in turnover greater than 15% ( een percent) of the es mate provided at the beginning of the period of insurance; or
3.2 accept or deny coverage at the me of no ca on and to establish a separate rate and premium and, if appropriate, terms for any such coverage where the new acquisi on represents a material altera on to the business or risk.
Defec ve Workmanship
The Company will indemnify the Insured in accordance with the De ned Events for:
1. resultant loss of or damage to third party property following defec ve workmanship to such property worked upon in connec on with the business;
2. the amount payable under this Sub-Sec on, inclusive of any legal costs recoverable from the Insured by a claimant or any number of claimants and all other costs and expenses incurred with the Company's consent, for any one event or series of events with one original cause or source or during any one (annual) period of insurance, will not exceed in the aggregate the limit of indemnity for this Sub-Sec on as stated in the Schedule.
EXCLUSIONS (applicable to Sub-Sec on 2 – Defec ve Workmanship only)
Notwithstanding anything to the contrary contained within this Policy, the Company will not indemnify the Insured under this Sub-Sec on against liability:
1. for the cost of rec fying or recalling defec ve work;
2. arising from ine cacy of such work or because the work did not produce the result an cipated or claimed;
Page | 92 Hollard Business Policy – Branch – Version 1 2018