Page 208 - Binder2

b) the insurer shall not be liable to pay any amount in excess of GBP50,000 under the
terms of this extension for any one occurrence and in the aggregate in respect of all
insured events during the period of insurance); and
c) the insured shall at all times observe and fulfil and the provisions contained in the
‘Duties in the event of a claim or potential claim’ section this policy.

6.14 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 local authority maintained school within the public
authority’s area 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.
6.15 Statutory defence costs including Health and Safety At Work, etc. Act
1974

6.15.1 The insurer agrees subject to its prior written consent having been obtained 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 public authority 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 persons other than employees
including their health, safety and welfare.
and, the insurer will also pay to the public authority:
iii) defence costs of appeal including appeal against improvement and prohibition
notices;
iv) prosecution costs awarded against the insured;
but the indemnity by this clause excludes and does not cover any amount (including defence
costs):
v) for which the public authority or any other insured party is entitled to indemnity by
any other legal expenses, motor or employment protection policy;
vi) 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.
6.15.2 For the avoidance of doubt the following statutes, whilst not exhaustive, are included within
the statutes or regulations contemplated for which defence costs are insured by this clause:

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 20 of 48