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b) defence costs in relation to a prosecution commenced during the period of insurance
under the DPA, any subsequent amending or replacement legislation or the GDPR and
incurred with the prior written consent of the insurer.
This extension shall not apply in respect of:

a) the cost of replacing, reinstating, rectifying or erasing any personal data;
b) any cost relating to the investigation of a data breach, or any obligation to report a data
breach to the Information Commissioner’s Office or any other supervisory authority or
other regulator or to data subjects;
c) liability caused by or arising from a deliberate act by or omission of any party entitled to
indemnity under this policy, the effect of which would knowingly result in liability under
the DPA, or any subsequent amending or replacement legislation, or the GDPR but this
exclusion shall not apply to the liability of the public authority in respect of a deliberate
or intentional act by or omission of any employee or any other individual person;
d) claims which arise out of circumstances that are notified to any previous insurer or
known to the insured at inception of this policy;
e) liability for which indemnity is provided under any other insurance; or
f) claims or prosecutions brought against the insured outside the Courts of the United
Kingdom.
2.3.4 Indemnity to other parties
At the request of the public authority, the insurer will separately indemnify each other
insured party provided that the:
a) public authority would have been entitled to indemnity by this policy had the claim or
suit been made against the public authority;
b) insurer has the sole conduct and control of any claim;
c) other insured party shall, as though he were the public authority, observe, fulfil and
be subject to the terms and conditions of this policy in so far as they can apply;
d) insurer’s liability under this clause shall in no way operate to increase the limit of
indemnity or any applicable sub-limit of indemnity.

2.3.5 Medical treatment
This insurance extends to indemnify the public authority and any qualified medical
practitioner or health care practitioner employed by the public authority in respect of liability
to any person under a contract of service or apprenticeship with the public authority
resulting from treatment given provided that:
a) any such qualified medical practitioner or health care practitioner shall, as though they
were the insured, be subject to the terms of this policy so far as they can apply; and
b) the indemnity granted by this clause shall not apply where there is any other valid or
collectible insurance available to the public authority, the qualified medical practitioner
or health care practitioner nor shall this insurance contribute to any other valid or
collectible insurance.
2.3.6 Offshore activities
The insurance by this insured section is extended to cover liability to an employee for
bodily injury caused by visits, work or activities undertaken offshore except that the
insurer shall not be liable to pay any amount in excess of a sub-limit of indemnity stated in
the schedule in respect of:
a) any one claim against the insured or series of claims against the insured; and
b) any claim or series of claims made by the insured under this insured section;
arising out of one occurrence.

2.3.7 Principals
The insurer will indemnify any party including any principal whom under contract or
agreement the insured has agreed to indemnify and/or insure but only to the extent required
by such contract or agreement and only to the extent that liability arises solely out of the
work performed for the principal by or on behalf of the insured and provided that:

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 5 of 48