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a) such party shall, as though they were the insured, observe, fulfil and be subject to the
terms and conditions of this policy in so far as they can apply; and
b) the insurer’s liability under this clause shall in no way operate to increase the limit of
indemnity or any applicable sub-limit of indemnity.
and, for the avoidance of doubt, to the extent only of the indemnity provided by this insured
section.
2.3.8 Schools governing bodies
For the purposes of this extension the definition of insured is amended to include the
governing body for the time being of any school that is specifically listed in the schedule,
provided that:
a) if at the time of any claim under this policy there is any other valid and collectible
insurance available to the governing body (other than any insurance that is specifically
stated to be in excess of this policy) then the insurance afforded by this policy will be in
excess of and will not contribute with such other insurance. If the other insurance is
provided by the insurer or by another company/entity within the QBE group, then the
total limit of indemnity available from this policy shall be reduced by the limit of
indemnity of the other insurance.
b) the amount of the retention shall be paid by the insurer but the public authority shall
upon request from the insurer promptly but in any event within thirty (30) days
reimburse the insurer for any amounts so paid in respect of the retention.
2.3.9 Statutory defence costs including Health and Safety At Work, etc. Act 1974
The insurer agrees to indemnify the public authority and at the request of the public
authority, any other insured party, in respect of legal defence costs reasonably incurred
in defending:
a) any alleged breach of statutory duty (including any prosecution brought under sections
2 to 8 of the Health and Safety at Work, etc. Act 1974, Health and Safety at Work
(Northern Ireland) Order 1978 or similar legislation in the Isle of Man or the Channel
Islands) or criminal proceedings brought; and / or
b) any alleged breach of statutory duty under the Protection from Harassment Act 1997;
and/or
c) allegations (whether under common law or statute) of manslaughter, corporate
manslaughter or corporate homicide made against the insured or any other insured
party;
provided that the prosecution or proceedings relate to:
i) an offence alleged to have been committed during the period of insurance and in
the course of business;
ii) bodily injury to or potential bodily injury to employees including their health,
safety and welfare;
d) The insurer will also pay to the insured:
i) defence costs of appeal including appeal against improvement and prohibition
notices incurred with the prior consent of the insurer;
ii) prosecution costs awarded against the insured.
e) The indemnity by this clause excludes and does not cover any amount (including
defence costs):
i) for which the public authority or any other insured party is entitled to indemnity by
any other legal expenses, motor or employment protection policy;
ii) any amount in excess of the amount shown in the schedule as the limit of
indemnity for this insured section, for any one claim or series of claims arising out
of the same prosecution or proceedings, provided that any amounts paid under this
extension count towards and are not additional to the limit of indemnity for this
insured section.

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 6 of 48