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9        Duties in the event of a claim or potential claim
                        The  due  observance  and  fulfilment  of  Claim  notification,  Insured’s  duties  and Claim
                        procedure is a condition precedent to the insurer’s liability for any claim under this policy.
                        The ‘Compliance with policy terms’ clause sets out the consequences of a failure to comply
                        with conditions precedent or policy provisions such as the said clauses.
               9.1      Claim notification – insured sections A-E

               9.1.1    In respect of insured sections A, B, C, D and E, the insured will give notice in writing or by
                        an agreed electronic medium to the insurer:
                        a)  immediately on but in any event within fourteen (14) days from:
                           i)  receipt of notice of any impending inquest, fatal accident inquiry, prosecution or
                               other legal proceedings that include alleged personal injury;
                           ii)  coming into possession of actual knowledge that notice of an Industrial Tribunal
                               hearing includes alleged personal injury;
                           iii)  the insured’s actual knowledge of any death or personal injury to any person
                               involving a stay in hospital in excess of three (3) business days;
                        b)  as soon as practicable after any other accident, event or the coming into possession of
                           actual knowledge of personal injury or damage, with full particulars thereof;
                        which may be the subject of indemnity under this policy.
               9.1.2    Such notice to the insurer must be given in writing or by an agreed electronic format to the
                        claims notification addresses specified in the schedule.
               9.2      Claim notification – insured section F
                        In respect of insured section F, the insured shall notify the insurer of any claim as soon as
                        possible but in any event within fourteen (14) days of becoming aware of an actual or alleged
                        pollution condition and always prior to the end of the period of insurance.  Wherever
                        possible, such notification must include the following information:
                        a)  how, when and where the pollution condition took place;
                        b)  names and addresses of any injured parties or witnesses;
                        c)  nature and location of any injury or damage that has or could arise out of such pollution
                           condition;
                        d)  date the claim was received;
                        e)  any response or actions taken by the insured.

               9.2.2    The insured must immediately provide to the insurer copies of all written communications,
                        demands, writs, summonses, remediation notices, statements, declarations or similar,
                        instructions, notices, orders, documents or other papers filed in any court of law or by any
                        regulator.
               9.2.3    Any notifications should be made to the insurer at the address stated in the schedule.
               9.3      Legal defence and expenses  – insured section F only
                        The insurer shall have the right but not the duty to defend the insured against a claim to
                        which this policy applies. The insurer’s right to defend and continue defending and to pay
                        for any clean-up costs, loss, and defence costs shall cease once the limit of liability is
                        exhausted. Defence costs are included within the limit of liability under this section F and
                        shall erode such limit of liability under this section F. Defence costs are also included within
                        any retention applicable.
                        The insurer shall have the right at any time to take over and conduct in the name of the
                        insured, the investigation, adjustment and settlement of any claim to which this policy
                        applies. The insurer will have total discretion in the conduct of any such proceedings and
                        settlement of any claim.






               PPBL010121 Public Authority Combined Liability Insurance Policy (UK)                             Page 30 of 48
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