Page 207 - Binder2
P. 207

hired, leased or loaned to the public authority in the course of the business provided that
                        this clause excludes and the insurer will not be liable for the cost of repairing, reinstating,
                        replacing or rectifying any original work giving rise to the liability of the public authority.
               6.11     Principals
                        The  insurer  will  indemnify  any  party  including any principal whom, under contract or
                        agreement, the public authority 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 public authority and
                        provided that:
                        a)  the principal 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; 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.

               6.12     Property in the insured’s care, custody and control
               6.12.1   Notwithstanding the pollution exclusions under insured section B and C and the exclusion
                        of ‘Property in the insured’s care, custody and control’ but subject always to the exclusion
                        ‘Owned or previously owned premises’ under insured section D, the insurer agrees to
                        extend coverage under insured sections B, C and D to indemnify the public authority in
                        respect of liability arising out of or from:
                        a)  damage to personal effects (including vehicles and their contents) of employees or
                           members, officials, visitors or guests;
                        b)  damage to premises including landlord’s contents, fixtures and fittings not owned by the
                           public authority but leased or rented by them in the course of business but always
                           excluding liability:
                           i)  which attaches by way of any contract or agreement that would not have attached in
                               the absence of such contract or agreement; or
                           ii)  for which indemnity to the public authority is provided under any other insurance or
                               in any other way;
                        c)  damage to premises or their contents thereof not belonging to or leased to or rented to
                           the public authority or otherwise in the public authority’s custody or control but
                           temporarily occupied by the public authority for work away therein but no indemnity is
                           provided by this clause for damage to that part of the property on which the public
                           authority is working and which arises out of such work away.
                        d)  damage to property held by the public authority which has been the subject of a legal
                           dispute or illegal distraint;
                        e)  damage to vehicles, trailers and their contents removed under the powers granted to the
                           public authority by any statute or bye-law.
                        f)  damage to motor vehicles or their contents not belonging to or hired, leased or loaned to
                           the public authority which are undergoing service or repair by the public authority in
                           accordance with the terms of the ‘Motor trade liability’ extension clause.

               6.13     Reputational damage - mitigation costs
                        Following an insured event, then where required the insurer will pay all reasonable costs
                        incurred by the public authority with the insurer’s prior written consent to mitigate damage
                        to the reputation of the public authority, as a result of adverse publicity or adverse media
                        coverage (whether by radio or television in the press), provided that
                        a)  this extension shall only apply to an insured event for which the total amount of such
                           costs has exceeded, or in the opinion of the insurer is likely to exceed, the limit for this
                           extension stated in the schedule (or if no limit is shown, a limit of GBP1,000,000 for any
                           one occurrence); and





               PPBL010121 Public Authority Combined Liability Insurance Policy (UK)                             Page 19 of 48
   202   203   204   205   206   207   208   209   210   211   212