Neighbourhood Watch Public Liability Insurance

What is covered:

We will pay all amounts which you become legally liable to pay as damages and costs and expenses for accidental:

• bodily injury to any person
• damage to material property
• obstruction, trespass, nuisance or interference with any right of way, air, light, water or other easement

occurring during the period of insurance in connection with community activities and occurring in the territorial limits.

We will also pay the cost of representation at any Coroner’s Inquest, Fatal Accident Inquiry or Court of Summary Jurisdiction incurred with our consent.

What is not covered:

The first £100 of each claim for damage to property.
Damage to property:

• or any part on which you or any employee is or has been working where the damage results from such work
• belonging to you or held in trust by you or borrowed, rented, leased or hired for use by you other than personal property (including vehicles and contents) of your visitors, directors or employees.

Fines, penalties or punitive, exemplary, aggravated or multiplied damages.
Liquidated damages.
Liability arising from :

• bodily injury to any employee or any of your members arising out of and in the course of community activities
• treatment (other than first aid)
• design, formula or specification
• professional or other advice given (or omitted to be given)
• any defamation, slander, libel or plagiarism
• any commodities article or thing (including their containers) sold, supplied or worked upon by you and no longer in your custody or control other than:
• food or beverages supplied by you
• free literature supplied by you
• damage to or the cost incurred by anyone in recalling, replacing, repairing or reinstating free literature
• an agreement unless liability would have existed without the agreement
• ownership of buildings or land
• ownership, possession or use by you or on your behalf or any person entitled to cover under this Policy of any:
• watercraft (other than hand propelled) and craft designed to travel through air or space
• mechanically propelled vehicles for which compulsory motor insurance or security is required (other than loading and unloading unless cover is provided by any other policy)
• abseiling, aqua-lung diving, elastic rope sports or activities, flying, hang-gliding, horse riding, hunting, martial arts, motor-cycling, mountaineering, cliff or rock climbing, parachuting, play inflatables, polo, pot-holing, professional sport of any kind, racing, water sports, and winter sports
• Pollution or Contamination other than caused by a sudden, identifiable, unintended and unexpected incident which takes place in its entirety at a specific time and place during the period of insurance.
  All Pollution or Contamination which arises out of one incident shall be deemed to have occurred at the time such incident takes place.
  “Pollution or Contamination” shall be deemed to mean:
• all Pollution or Contamination of buildings or other structures or water or land or the atmosphere; and
• all damage or bodily injury directly or indirectly caused by such Pollution or Contamination.

Liability arising directly or indirectly from :

• exposure to
• inhalation of
• fears of the consequence of exposure to, or inhalation of
• damage to property, or any other loss, arising from
  asbestos.

Costs of cleaning up or removal of asbestos.

Extentions

What is covered:

1 Health and Safety at Work
We will pay all amounts which you, or your partners, directors or employees become legally liable to pay for costs in defence of any criminal proceedings for an offence under:

• damage to or the cost incurred by anyone in recalling, replacing, repairing or reinstating free literature
• an agreement unless liability would have existed without the agreement
• the Health and Safety at Work etc. Act 1974
• the Health and Safety at Work ( Northern Ireland) Order 1978
• similar safety legislation of the territorial limits

committed or alleged to have been committed in the course of the community activities during the period of insurance, including costs incurred in an appeal against conviction arising from such proceedings.

Provided that the proceedings relate to the health, safety or welfare of persons other than employees.

2 Cross Liabilities
If more than one party is entitled to cover as the insured we will deal with any claim as though a separate policy had been issued to each of them.

3 Hired or Rented Buildings
Where you are legally liable to pay for damage to property at premises borrowed, rented, leased or hired for use by you for community activities, the cover provided under this Policy extends to include your legal liability for such damage.

4 Motor Contingent Liability
We will pay all amounts which you become legally liable to pay as damages and costs and expenses for accidental bodily injury or damage arising out of the use of any motor vehicle in connection with community activities.

5 Indemnity to Other People (including Member to Member cover)
At your request we will pay all amounts which the following people become legally liable to pay as damages and costs and expenses for a claim made against them :

• any of your employees or members
• any principal (being any person, public authority, company or firm) with whom you have entered into a contract for work or services but only so far as the contract between you and the principal so requires.

Provided:

• you would have been entitled to cover under this Policy if the claim had been made against you
• such parties keep to the terms of this Policy insofar as they can apply
• in the event of any one individual member making a claim against another member or you, we will agree not to raise the defence that the claiming member is also the insured.

What is not covered:

The payment of fines, penalties or punitive, exemplary, aggravated or multiplied damages.
Proceedings consequent upon any deliberate act or omission.
Costs and expenses covered by any other policy.

The first £100 of each claim caused other than by fire or explosion.
Liability:

• arising from an agreement unless liability would have existed without the agreement
• otherwise excluded under this Policy apart from property borrowed, rented, leased or hired for use by you.

Liability arising from:

• damage to any such vehicle or property carried by it
• any vehicle you own or provide
• any vehicle owned or driven by a person who to the knowledge of you or your representative does not hold a licence to drive such a vehicle unless such person has held and is not disqualified from holding or obtaining such a licence.

Liability:

• to the drivers or owners of such motor vehicles
• arising outside the territorial limits
• arising while you are driving such vehicle
• covered by any other policy.

Liability covered by any other policy.

The Policy Does Not Cover

1. Radioactive Contamination
   any expense, consequential loss, legal liability or damage to any property directly or indirectly arising from:
   a. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
   b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component.
2. War Risks
   any consequence of war, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military force or coup.
3. Date Related Computer Failure
   any claim, loss, liability or expenses caused by or arising from, directly or indirectly or in any way relating to, the failure of any computer, data processing equipment or media, microchip, integrated circuit or similar device or any computer software, whether your property or not, to:
   a. correctly recognise any date as its true calendar date
   b. capture, save or retain, and/or correctly to manipulate, interpret or process any data or information or command or instruction as a result of treating any date otherwise than as its true calendar date
   c. capture, save, retain or correctly to process any data as a result of the operation of any command which has been programmed into any computer software, being a command which causes the loss of data or the inability to capture, save, retain or correctly to process such data on or after any date
   
   but this shall not exclude subsequent damage to your property specifically insured by the Policy or any loss not otherwise excluded which itself results from:
   
   fire, explosion, lightning, smoke, aircraft or other aerial devices dropped from them, theft or attempted theft, impact by any road vehicle, train or animal, riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances, malicious people or vandals, storm or flood, escape of water from any tank apparatus or pipe, escape of fuel oil from any fixed oil-fired heating installation
   if covered by this Policy
4. Terrorism
   liability to third parties:
   a. for damages and costs and expenses directly or indirectly caused by, resulting from or in connection with any act of terrorism
   b. directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
   
   If we allege that by reason of this exclusion any accidental bodily injury is not covered by this Policy the burden of proving the contrary shall be upon you.
5. Electronic Risks
   liability arising from damage to data.

Meaning of words specific to this exclusion :
Data: information represented or stored electronically including but not limited to code or series of instructions operating systems software programs or firmware.

Claims Settlement For Public Liability

The most we will pay for any claim, unless otherwise stated, is:

• the indemnity limit shown in the Schedule
• the indemnity limit shown in the Schedule in total to all parties under Extension 2

including costs and expenses.
For claims arising from Pollution or Contamination, the most we will pay in any one period of insurance is the indemnity limit shown in the Schedule including costs and expenses.

General Exclusions

1 Contracts (Rights of Third Parties)
A person or company who is not a party to this Policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Making A Claim

General advice to assist you :

• Tell your insurance agent or us as soon as you can by telephone, letter, fax or email ( your policy number will be required in all communications).
• If someone is making a claim against you, do not make any promise to pay. Send any letter or document to us unanswered without delay.

1 Claims Procedure ( your Duties)
When you become aware of a possible claim under this Policy you :

should :

• within 30 days advise us in writing giving full details, and complete our appropriate claim form
• give all assistance and information we may reasonably require
• send to us, unanswered, every writ, summons or other communication immediately it is received

should not :

• admit, deny, negotiate or settle a claim without our written consent
• abandon any property to us.

2 Claims Procedure ( our Rights)
We are entitled to take over :

• your rights against another person before or after we have paid a claim
• the defence or settlement of a claim against you by another person.

3 Cancellation

• We may cancel this Policy by giving 14 days notice in writing by recorded delivery to your last known contact address but no refund of premium will be allowed.
• You may cancel this Policy by giving us notice in writing but no refund of premium will be allowed.

4 Other Insurance
If at the time of a claim there is any other insurance covering anything insured by this Policy, we will only pay for any amount over the indemnity limit obtainable under such other insurance which is or would be payable but for the existence of this Policy.

5 Reasonable Care
You must take all reasonable steps to :

• prevent or minimise damage or accident
• exercise and use reasonable care in the selection and supervision of your members and employees
• take all reasonable steps to comply with all statutory and other obligations and regulations imposed by any authority.

6 Alteration of Risk
You must tell us as soon as possible about any change in circumstances which increase the risk of damage or accident.
Failure to do so could invalidate the Policy.

7 Fraud
If you or anyone acting for you makes a claim under this Policy knowing the claim to be false in any respect, we will not pay the claim and all cover under this Policy ceases.

8 Governing Law
This Policy is to be governed solely in accordance with the relevant laws of the territorial limits relating to your contact address as shown in the Schedule. If there is any dispute as to which law applies, it shall be English Law.

9 Arbitration
Where we have accepted a claim under this Policy but we cannot agree on the amount to be paid the disagreement shall be referred to an arbitrator jointly appointed by you and us in accordance with the statutory provisions for the appointment of an arbitrator. Where this occurs an award must be made by the arbitrator before legal proceedings can be commenced against us.

10 Declarations
This Policy is subject to an annual declaration provided by the Neighbourhood Watch Forum. No retrospective additional or return premium for the previous period of insurance will be applied.

11 Neighbourhood Watch Registration

CONDITION PRECEDENT TO LIABILITY
It is a condition precedent to any liability under this Policy that you are formally registered with and approved by your local police authority at all times throughout the currency of this insurance.
In the event of a claim, you will be required to produce evidence of your registration and approval.

The Schedule

Agent :

Keegan & Pennykid (Insurance Brokers) Limited, 50 Queen Street, Edinburgh, Midlothian, EH2 3NS
Tel: 0131 225 6005 Fax: 0131 226 3811 www.keegan-pennykid.com E-mail: mail@keegan-pennykid.com

Policyholder :

Neighbourhood Watch Association/Scheme for : Wiltshire & Swindon NHW Association

Reason : New Business

Period of Insurance : From 30/3/2005 to 12/01/2006 (for a period not exceeding 12 months)

Policy Number : BPP2166756/1000173

Police Reference : 54/WSNHWA

Policy Type : Public Liability

Contact Name : Ask for local Neighbourhood Watch Liaison Officers for details

Public Liability : £5,000,000 Indemnity Limit

Date of Issue : 3/30/2005 10:49:42 AM

Definitions

Some words in your Policy and Schedule are in italics and have a particular meaning. Wherever they appear their meanings are given below :

Asbestos asbestos, asbestos fibres or any derivatives of asbestos including any product containing any asbestos, asbestos fibres or any derivatives of asbestos.
Bodily injury death, illness, injury or disease.
Community activitiesyour community activities for Neighbourhood Watch, as listed below, undertaken with your full knowledge and authority and under your control:

• attending conferences and exhibitions
• group and association meetings
• house meetings
• police liaison
• poster, literature and sticker distribution
• stallholder at boot sales/jumble sales/fetes/fairs
• sign erection and maintenance, including signs whilst erected, provided that the lower edge of any sign is not less than 2.1 metres above the footway.

Excluding :

• car window etching
• fund-raising activities (other than those specified above)
• house or pet watch
• installation, siting or maintenance of any:
• security locks, devices or equipment
• intruder or fire alarms
• fire safety equipment
• property marking.

Bodily injury death, illness, injury or disease.
Claim a single loss or series of losses from one event consequent on or attributable to one source or original cause.
Costs and expenses

• legal costs and expenses recoverable from you by any claimant
• defence costs and expenses incurred with our written consent.

Damage/damaged loss, destruction or damage.
Employee any :

• person under a contract of service or apprenticeship with you
• person who is hired to or borrowed by you
• person engaged under a Work Experience Scheme or similar scheme
• labour only sub-contractor or anyone employed by them
• self-employed person
• voluntary helper

while working for you in connection with community activities.

Period of insurance the period shown on your Schedule.
Territorial limits England and Wales .
Terrorism an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological, ethnic or similar purposes or reasons including the intention to influence any government and/or to put the public, or any section of the public in fear.
We/us/our Ansvar Insurance Company Limited.
You/your/insured the Neighbourhood Watch Association/Scheme named in the Schedule as the Policyholder and registered as a member of Neighbourhood Watch with the police authorities.

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