Page 219 - Binder2

9.4 Duty to mitigate and remediate – insured section F only
In the event of a pollution condition, the insured must take all necessary actions to
mitigate or avoid a claim and to comply with environmental law, including, with respect to
clean-up costs, the retention of competent professionals and contractors. The insurer has
the right to review and approve all such actions of the insured. The insurer also has the
right but not the duty to participate in decisions regarding the mitigation and avoidance of a
claim and clean-up costs in order to comply with environmental law if the insured fails to do
so. All costs incurred by the insurer in following such course of action shall be considered
incurred by the insured and will reduce the applicable limit of liability under this insured
section F.

9.5 Insured’s duties - Insured sections A - E

9.5.1 For each and every claim or RIDDOR incident, the insured and any person acting on behalf
of the insured must:
a) not admit responsibility or liability, make an offer or promise nor offer payment or
indemnity without the written consent of the insurer;
b) not incur any expense without the consent of the insurer except at the insured’s own
cost;
c) give all such information, assistance and forward all documents to enable the insurer to
investigate, settle or resist any claim as the insurer may require;
d) provide such proofs and information with respect to the claim as may reasonably be
required together with (if demanded) a statutory declaration of the truth of the claim and
any matters connected therewith;
e) not destroy evidence or supporting information or documentation without the insurer’s
prior consent; nor destroy any plant or other property relating to an occurrence, loss or
suit that may give rise to a claim under this policy;
f) comply with any reporting obligations provided for under the General Data Protection
Regulation.

9.6 Claim procedure - Insured sections A - E
Unless stated otherwise, all claims will be handled and overseen by the insurer but day to
day handling may be managed by a third party claim management company or loss
adjusters. For each and every claim, the insured and any person acting on behalf of the
insured must:

9.6.1 immediately, but not later than fourteen (14) business days, send the insurer copies of any
request, demand, order, notice, summons legal paper and all documents relating thereto in
connection with an insured event as soon as received by the insured. In addition, the
insured must co-operate with the insurer or their appointed agents to allow them to comply
with such relevant practice directions and pre-action protocols as may be issued and
approved from time to time by the head of civil justice;
9.6.2 authorise the insurer to obtain medical records or other pertinent information upon request
but only where legally permitted to do so in the event of an insured event involving bodily
injury;
9.6.3 prove, if it is alleged that an event is not covered or that the indemnity is otherwise limited,
being war or an act of terrorism, that the said exclusion or limit of indemnity does not
apply, it being understood and agreed that any portion of an exclusion or limit of indemnity
being found invalid, inapplicable or unenforceable will not in any way render the remainder of
the exclusion or limit invalid, inapplicable or unenforceable.
9.7 Insurer’s rights

9.7.1 The insurer’s preferred intention is to investigate any potential claim and to undertake the
conduct of any proceedings in connection with such claims on behalf of the insured. It is one
of the services offered and provided by this policy. However, there may be occasions, for
example, in relation to potential proceedings in North America, when this is not appropriate.

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 31 of 48