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ii) retain the premium;
b) if such breach is not deliberate or reckless, and the insurer would not have entered into
the variation but for the breach, the insurer may treat this policy as if the variation was
never made, in which case the insurer shall return any additional premium relating to
the variation; and
c) in all other cases if, but for the said breach, the insurer would have entered into the
variation but:
i) on different terms (other than terms relating to the premium), the insurer may
require that the variation is treated as if it had been entered into on those different
terms;
ii) would have increased the premium by more than it did or at all, the insurer may
charge such higher premium, effective from the effective date of the variation, 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; or
iii) would not have reduced the premium by as much as it did or at all, the insurer may
require the insured to reimburse to the insurer a sum equal to any reduction in
premium no later than fourteen (14) days after receiving the insurer’s written notice
that such amount is payable.

10.12 Employers’ Liability (Compulsory Insurance) Act 1969
The indemnity granted by insured section A clause 2 is deemed to be in accordance with
the provisions of the Employers’ Liability (Compulsory Insurance) Act 1969 and the
Employers Liability (Compulsory Insurance) Regulations 1998 or any subsequent
amendment or re-enactment or similar legislation in Northern Ireland, the Isle of Man and the
Channel Islands. Where any condition precedent, exclusion, term or condition of this policy
is deemed prohibited by the act or regulations, then the insurer will provide an indemnity to
the employee under the terms of clause 2 but the insured will repay to the insurer that part
of the insurer’s indemnity for which it would not otherwise have been liable under this policy
by reason of any such breach of condition precedent, term, condition or exclusion.

10.13 Fraudulent claims

10.13.1 If the insured or anyone acting on its behalf makes a fraudulent claim under this policy, the
insurer:
a) is not liable to pay the claim;
b) may recover any part of the claim already paid from the relevant insured; and
c) may by notice to the insured treat this policy as having been terminated with effect from
the time of the first fraudulent act, in which case the insurer is not liable to that insured
in respect of a relevant event occurring after that time and may retain any premium.

10.13.2 These remedies shall not be available against any other entity insured under this policy that
was not implicated in the fraud.
10.14 Inspection and audit
The insurer, or such representative as the insurer may designate, will be permitted but not
obligated to inspect the insured’s property and operations and any insured premises at
any time given reasonable notice. Neither the insurer’s right to make inspections nor the
making thereof nor any report thereon will constitute an undertaking on behalf of or for the
benefit of the insured or others to determine or warrant that such property or operations are
safe or that any insured premises is in compliance with any environmental law.
10.15 Late payment of claims
The insurer shall, pursuant to section 13A of the Insurance Act 2015, pay any sum due in
respect of a valid claim within a reasonable time (which includes a reasonable time to
investigate and assess the claim).

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