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2.3.10 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
liability
The insurer agrees to indemnify the insured for liability incurred by virtue of the Transfer of
Undertakings (Protection of Employment) Regulations 2006 in respect of bodily injury
caused after 6 April 2006 but prior to the date on which:
th
a) any subsidiary is included and forms part of the insured; or
b) there is a relevant transfer of any economic entity as defined by the legislation;
for which a claim is first made in writing to the insured during the period of insurance. The
indemnity provided by this extension
i) shall only apply in so far as the insured is unable to obtain indemnity under any
previous policy of insurance in respect of such bodily injury;
ii) shall only apply to any business undertaken by the insured or their predecessors in
business;
iii) is conditional upon any claim notified under this clause being treated as having
occurred in the year of notification;
iv) shall only apply on condition that before making a claim the insured (or another
insured party) agrees to be bound by this policy (other than premium in respect of
the other insured party) as if it were the insured.
v) excludes and does not provide an indemnity from the date of sale or disposal in the
event of the sale or disposal of any subsidiary company or economic unit which
constitutes a relevant transfer under the legislation.
2.3.11 Unsatisfied court judgments
In the event of a judgment for damages being obtained during the period of insurance:
a) by any employee or the personal representatives of any employee in respect of bodily
injury to such employee that arises out of and in the course of his employment by the
public authority in the business, against any person operating from premises in the
European Economic Area; and
b) which remains unsatisfied in whole or in part six (6) months after the date of such
judgment;
c) in any court of law except a court operating under the laws of North America;
then at the insured’s request, the insurer will pay the amount of damages or costs awarded
to the employee or the personal representatives of the employee to the extent that they
remain unsatisfied provided that:
i) there is no appeal outstanding; and
ii) the judgment relates to bodily injury which would otherwise be indemnified by this
insured section; and
iii) the insurer will be entitled to take over and prosecute for its own benefit any claim
against any other person and the insured, the employee or the personal
representatives of the employee will give the insurer all the information and
assistance the insurer may require.
2.3.12 War and terrorism
The insurance by this insured section is extended to cover liability to an employee arising
from or caused by an act of war or terrorism except that the insurer shall not be liable to
pay any amount in excess of a sub-limit of indemnity for war and terrorism 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.
2.3.13 Waiver of subrogation
In respect of contracts or agreements which impose upon the insured conditions waiving the
rights of the insured to recover from any other party, the insurer agrees to the extent
required by such contract or agreement to waive any rights of subrogation to which they

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 7 of 48