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10.7 Contract (Rights of Third Parties) Act 1999
This insurance does not confer or create any right enforceable under the Contracts (Rights
of Third Parties) Act 1999 or any amending or subsequent legislation by any person who is
not named as the insured and both the insurer and insured may amend, cancel or lapse
this insurance without giving notice to, or requiring the consent of, any other third party.
However, this will not preclude rights enforceable under the Third Parties (Rights against
Insurers) Act 2010.

10.8 Dispute resolution

10.8.1 All matters in dispute between the insured, other insured parties and the insurer arising
out of or in connection with this insurance will be referred to a mediator to be agreed by the
parties within fourteen (14) working days of a written notice served on one party by the other
requesting such an agreement. If a mediator is not agreed, then either party may apply to the
Centre for Effective Dispute Resolution (‘CEDR’) for the appointment of a mediator. The
parties shall share equally the costs of CEDR and of the mediator and the reference,
conduct and any settlement of the dispute at mediation will be conducted in confidence.
10.8.2 The parties shall continue to perform their respective continuing obligations under this
insurance, if any, while the dispute is resolved unless the nature of the dispute prevents such
continued performance of those obligations.

10.8.3 If any such dispute is not resolved by mediation or the parties cannot agree upon the
appointment of a mediator or the form that the mediation will take, the dispute will be referred
by either party to courts, subject to the law and jurisdiction set down in the Applicable law
clause above.
10.9 Duty of fair presentation
The insured must make a fair presentation of the risk (as set out in the Insurance Act 2015
or successor or amending legislation) in proposing for, or proposing to vary, this insurance.
10.10 Duty of fair presentation - remedies for breach – proposing for this
insurance
If the insured or anyone acting on its behalf breaches the insured’s duty of fair presentation
then the insurer’s remedies shall be as follows:
a) if such breach is deliberate or reckless, the insurer may:
i) treat this policy as having been terminated from its inception; and
ii) retain the premium;
b) if such breach is not deliberate or reckless and the insurer would not have entered into
this policy but for the breach, the insurer may by notice to the insured treat this policy
as having been terminated from its inception in which case the insurer shall return the
premium; and
c) in all other cases if, but for the said breach, the insurer would have entered into this
policy but:
i) on different terms (other than terms relating to the premium), the insurer may
require that this policy is treated as if it had been entered into on those different
terms from the outset; or
ii) would have charged a higher premium, the insurer may charge such higher
premium, effective from inception, and the insured shall pay such higher premium
no later than fourteen (14) days after receiving the insurer’s written notice that such
higher premium is payable.

10.11 Duty of fair presentation - remedies for breach – variation
If the insured or anyone acting on its behalf breaches the insured’s duty of fair presentation
in relation to a variation of this policy, the insurer’s remedies shall be as follows:
a) if such breach is deliberate or reckless, the insurer may:
i) by notice to the insured treat this policy as having been terminated from the time
when the variation was concluded; and

PPBL010121 Public Authority Combined Liability Insurance Policy (UK) Page 34 of 48