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might otherwise have been entitled in such circumstances in respect of any payments which
they may make under this policy.
Further, where requested by the insured, the insurer will waive all rights of subrogation
against a subsidiary of the insured or from a subsidiary against the parent.
For the purpose of this clause, subrogation means the right of the insurer who has granted
indemnity to take over any recovery rights the insured may have against third parties liable
for the same loss.

2.4 Employers’ liability limitations and exclusions
This insured section excludes and does not cover:

2.4.1 Data Protection liabilities
liability which arises under the Data Protection Act 1998 (‘DPA’), any subsequent amending
legislation or the General Data Protection Regulation other than as provided for by the ‘Data
Protection’ extension clause.
2.4.2 Defence costs incurred without the insurer’s consent
any defence costs for which the insurer’s prior written consent has not been obtained (as
provided for in the definition of defence costs).
2.4.3 Employment practices dispute
liability which arises out of employment practice disputes directly or indirectly related to
employment or prospective employment of any person or persons by the insured including
but not limited to:
a) wrongful unfair or constructive dismissal;
b) denial of natural justice, defamation, misleading representation or advertising;
c) refusal to employ a suitably qualified applicant or failure to promote;
d) coercion, demotion, evaluation, relocation, punishment, slander, humiliation,
harassment, bullying or discrimination
but this exclusion shall not apply in respect of compensatory damages for bodily injury
required by the Employers’ Liability (Compulsory insurance) Regulations 1998.

2.4.4 Fees for intervention
any payments raised under the Health and Safety (Fees) Regulations 2012 relating to ‘fees
for intervention’.
2.4.5 Fines and penalties
liability for payment of any fines or penalties imposed or ordered to be paid.
2.4.6 Limit of indemnity
liability in excess of the limit of indemnity stated in the schedule.
2.4.7 North American jurisdiction
liability for payment of any judgment, award, payment or settlement made (or to any order
made anywhere in the world to enforce such judgment, award, payment or settlement either
in whole or in part) within countries which operate under the laws of North America to:
a) any party incorporated, domiciled or resident in North America;
b) pay any sum in excess of a limit of indemnity which sum shall be the maximum amount
payable including any defence costs recoverable hereunder;
c) pay punitive, multiple or exemplary damages.
2.4.8 Nuclear hazards
liability that attaches by or arising from the terms of any contract (other than contracts of
employment between the insured and its employees) or agreement for bodily injury
caused by nuclear hazards.

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 8 of 48