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7.16 Limit of indemnity
liability in excess of the limit of indemnity stated in the schedule except for payment of
defence costs where defence costs are stated to be payable in addition to the limit of
indemnity.
7.17 Liquidated damages
any loss arising out of or from any liquidated damages clauses or penalty clauses or
performance warranties in any contract or agreement which the insured or other insured
party has entered into unless it is proven that, and then only to the extent that, liability would
have attached in the absence of such clauses or warranties.
7.18 Medical malpractice
Liability arising in whole or in part from:
7.18.1 the provision of services by:
a) a hospital or clinic;
b) a physician, medical doctor, osteopath, chiropractor, resident, extern or intern;
c) a psychiatrist;
d) a pharmacist;
e) a dentist, orthodontist or periodontist;
7.18.2 the prescribing of any drugs or medicines;
7.18.3 the use of equipment for diagnostic purposes;
7.18.4 the rendering or failure of any other medical or paramedical services other than in respect of:
a) emergency and/or first aid medical services;
b) the administering of drugs or medicines or procedures pre-prescribed by a medical
practitioner and subject to any written guidelines by an employee of the public
authority in connection with the business of the public authority provided that no
indemnity is available from any other source.
7.19 North American jurisdiction
7.19.1 liability in respect of any judgment, award, payment, defence costs or settlement delivered,
made or incurred within countries which operate under the laws of North America (or any
order made anywhere in the world to enforce such judgment, award, payment, defence
costs or settlement either in whole or in part) unless otherwise stipulated in the schedule;
7.19.2 but this exclusion shall not apply to visits to North America in the course of business to
undertake non-manual work including but not limited to clerical work, sales and promotional
activities and conference attendance providing that, in such circumstances:
a) the insurer will not be liable to indemnify any entity based in, operating in or domiciled in
North America; and
b) the insurer will not be liable to indemnify for any liability that arises under any
agreement or contract that would not arise in the absence of any agreement or contract;
c) the insurer will not be liable to indemnify for liability arising directly or indirectly from the
ownership, maintenance, operation or use of any mechanically propelled vehicle or
watercraft;
d) the insurer will not be liable to indemnify for liability arising directly or indirectly from
pollution;
e) defence costs are inclusive and form part of the limit of indemnity.
7.20 North American territory
7.20.1 liability in respect of personal injury, damage, denial of access or nuisance occurring
within North America but this exclusion shall not apply to temporary non-manual visits to
North America as provided for in the ‘North American jurisdiction’ clause in this insured
section;
PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 24 of 48

