Page 178 - Binder2
P. 178

(c)  of any insured event involving any of the following
                        (1)  sexual or physical abuse
                        (2)  libel, slander and defamation
                        (3)  any claim that could be decided by courts representing jurisdictions outside of England,
                            Wales, Scotland and Northern Ireland
                        (4)  any claim where  we are  alleging fraud  in the defence of a claim or  where there  is
                            evidence of serious organised crime.
                        (5)  any claim involving pollution

                    the public authority will supply full details of the claim in writing to the insurer together with any
                    evidence and information that may be required by the insurer for the purpose of investigating or
                    verifying the claim.

               v)      it is a condition of this In-House Claims Handling Agreement that

                    (a)  the public authority shall provide to the insurer such information as the insurer requires
                        about the claims it is handling under this In-House Claims Handling Agreement irrespective
                        of status on a 6 monthly basis or at any other such time as the insurer shall reasonably
                        require. Prior to the granting of this In-House Claims Handling Agreement the insurer will
                        provide the public authority with details in writing of such information it requires in relation
                        to all claims handled by the public authority;
                    (b)  the insurer or its authorised representatives shall have access to all records and data on
                        any media relating to any or all claims the public authority is handling under this In-House
                        Claims Handling Agreement provided that the insurer or its authorised representatives give
                        no less than seven days’ notice in writing of their intention to access such records and data;
                    (c)  the  insurer  reserves the  right to  audit the in  house handled files  and any  associated
                        operational aspects as required by them;
                    (d)  the insurer reserves the right to take over the handling of any claim where the reporting
                        criteria identified in iv) above are met.

               vi)  this In-House Claims Handling  Agreement is provided subject to the  public authority
                    maintaining the following:

                    (a)  A team of competent and experienced Claims Handlers with sufficient capacity to maintain
                        an efficiency of workloads.
                    (b)  Appropriate claims management systems which can achieve the quality of service required,
                        including staffing numbers.
                    (c)  Robust Claims Management systems which can record the claims management information
                        in a manner acceptable to us.  This means recording the claims records on a ‘policy year
                        basis’  by coverage and the ability to meet the minimum data return requirements set out
                        above.

                    At all times the insurer retains the right to inspect and challenge any of the above aspects.

               vii)  under no circumstances does this In-House Claims Handling Agreement apply to sub-agents
                    third party administrators brokers or others without the prior written approval of the insurer.

               viii)  the insurer reserves the right to withdraw this In-House Claims Handling Agreement by giving no
                    less than seven days’ notice in writing in the event that:

                    (a)  any of the provisions contained in this In-House Claims Handling Agreement are breached
                        or
                    (b)  the amount paid with regard to all losses within the retention in respect of the period of
                        insurance exceeds      of any Aggregate Stop Loss shown in the schedule.








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