11202 WLI354RP POL - anthonyjones.com€¦ · Introducing AXA One of the world’s largest insurers...

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VENTURE PLUS Your Policy Terms and Conditions August 2005 Edition

Transcript of 11202 WLI354RP POL - anthonyjones.com€¦ · Introducing AXA One of the world’s largest insurers...

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VENTURE PLUSYour Policy Terms and ConditionsAugust 2005 Edition

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WELCOME TO AXA

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Introducing AXA

One of the world’s largest insurers

We are a world leader in financial protection and wealth management. Withmore than 50 million customers across the globe, AXA is one of the world’slargest insurance providers.We have a presence in over 50 countries, yet wepride ourselves on having a real understanding of local issues.

Care, support and efficiency - when you need it

We offer a wide range of insurance and financial products to meet yourbusiness and personal needs, and are committed to delivering consistent care,advice and support when you need it.

We employ 117,000 people worldwide, and are also one of the thirty largestcompanies of any kind (Fortune magazine’s Global 500 for 2003).

AXA helps people to get the best out of life. To achieve this, we provide a widerange of products and services including: Business Insurance, Home andMotor Insurance, Investments, Life Assurance, Retirement Planning, Long TermCare, Asset Management, Medical Insurance and Dental Payment Plans.

AXA Insurance UK plc is authorised and regulated by the Financial ServicesAuthority. This can be checked on the FSA's website at www.fsa.gov.uk/registeror by contacting them on 0845 606 1234.

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Contents

• Your Policy 4

• Important Helpline 5

• Definitions 6

• Section 1 - Public Liability 8

• Section 2 - Employers Liability 15

• Section 3 - All Risks on Tools and Phones 17

• Section 4 - Hired in Plant 18

• Section 5 - Own Plant 19

• Section 6 - Contract Works 20

• Exclusions to Sections 4, 5 & 6 23

• Section 7 - Personal Accident 26

• General Exceptions 28

• General Conditions 29

• Making Yourself Heard 32

Venture Plus Policy CONTENTS

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Your Policy

The Company in consideration of the payment of the premium shall provide insurance against loss destruction damage or liabilityoccurring at any time during the period of insurance (or anysubsequent period for which the Company accepts a renewalpremium) in accordance with the Sections of the Policy as shown in the Schedule subject to the exclusions, provisions and conditions of the Policy

The Policy and the Schedule should be read together as onecontract and the Proposal Form/Statement of Fact made by theInsured is the basis of the contract

YOUR POLICY Venture Plus Policy

A We will indemnify You and Your legalrepresentatives in respect of liabilityincurred by You

B We will indemnify at Your request

i) any director or partner of Yours

ii) any Persons Employed

iii) any principal for whom You arecarrying out a contract for theperformance of work but only to theextent required by the conditions ofsuch contract

against legal liability in respect of whichYou would have been entitled to indemnityunder this Policy if the claim had beenmade against You

C We will also indemnify at Your request

i) any officer or member of Your canteensports social educational or welfareorganisations established for thebenefit of Persons Employed

ii) any persons who provide first aidambulance fire or security services in connection with premises occupied by You

iii) any director partner or senior official ofYours for whom with Your consentPersons Employed are undertakingprivate work

against legal liability arising from theprovisions of such services facilities or work

Provided that

i) each of the parties indemnified underthis Policy shall as though they wereYou observe fulfil and be subject to theterms Exceptions and Conditionscontained herein or endorsed hereoninsofar as they can apply

ii) We shall have the conduct and controlof all claims

iii) if We are required to indemnify morethan one party in respect of anyoccurrence or occurrences Our liabilityshall not exceed the Limit of Indemnity

Important

We recommend You read this Policy togetherwith Your schedule to ensure that it meetswith Your requirements Should You have anyqueries please contact Us or Your InsuranceAdviser

Your attention is drawn to the Complaintsprocedure (Making Yourself Heard) on page 32

The law applicable to this Policy

You are free to choose the law applicable tothis Policy Your Policy will be governed bythe law of England and Wales unless Youand We have agreed otherwise

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Important Helpline

In order to maintain a quality service, telephone calls may be monitored or recorded

Venture Plus Policy IMPORTANT HELPLINE

Legal Advice 0870 241 8178 Our advice line provides free confidential legaladvice Please quote scheme numberPRC200100 when You call

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DEFINITIONS Venture Plus Policy

Definitions

Wherever the following words and phrases appear in the Policythey will always have these meanings

We/Us/Our

AXA Insurance UK plc

You/Your(s)/Yourself

The person(s) or company shown in theSchedule as the Insured

The Business

The Business shall mean those activitiesspecified in the Schedule and

a) the provision and management of Yourcanteen sports social educational andwelfare organisations established for thebenefit of Persons Employed

b) the provision and management of first aid ambulance fire and security services in connection with premisesoccupied by You

c) ownership repair maintenance anddecoration of Your own property orpremises occupied by You

d) maintenance and repair of vehicles andplant owned or utilised by You

e) private work by any Persons Employedfor any director partner or senior officialprovided such work is undertaken withYour consent

Provided that all activities are conducted ator from premises owned or occupied by Youwithin Great Britain Northern Ireland theChannel Islands or the Isle of Man

Persons Employed

Persons Employed means any of thefollowing whilst in Your employment inconnection with the Business unless statedotherwise in the following sections

a) a person under a contract of service orapprenticeship with You

b) a person under a work experiencetraining scheme

c) a labour master or labour only sub-contractor or any person supplied oremployed by them

d) a self employed person

e) a person hired to or borrowed by Youunder a contract or agreement stipulatingthat such person shall be deemed to be inYour employment for the period of suchcontract or agreement

Injury

Injury shall include

a) death illness or disease

b) nervous shock

Property

Property shall mean material property

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Costs and Expenses

Costs and Expenses shall mean

a) legal costs of any claimant for which Youare legally liable

b) all solicitors fees incurred with Our writtenconsent for Your legal representation at

1) any coroner’s inquest or fatal accident enquiry

2) proceedings in any Court of SummaryJurisdiction arising out of any allegedbreach of statutory duty resulting inInjury or damage to Property

c) all costs and expenses incurred with Ourwritten consent in respect of a claimagainst You to which the indemnityprovided under this Policy applies

Limit of Indemnity

The Limit of Indemnity shall mean theamount specified in the Schedule and Ourliability for all damages payable to anyclaimant or number of claimants as a resultof any one occurrence or all occurrences ofa series consequent upon or attributable toone source or original cause shall notexceed the amount stated in the Schedulefor any one event In respect of the supply offood and drink the Limit of Indemnity shall be the aggregate amount payable in respect of all occurrences during any onePeriod of Insurance

Services Supplied

Services Supplied shall mean

a) work which has been executed and completed

b) goods or materials which have been soldsupplied stored handled transportederected installed fitted treated repairedaltered tested or serviced

by You or on Your behalf in the course of the Business

Territorial Limits

Territorial Limits shall mean

a) anywhere within Great Britain NorthernIreland the Channel Islands or the Isle ofMan including the continental shelfsurrounding the above countries

b) other member countries of the European Union

i) where You or any Persons Employedare temporarily engaged on YourBusiness provided such persons areordinarily resident in a) above

ii) in respect of Services Supplied

c) elsewhere in the world in respect ofcommercial visits by directors and non-manual employees normally resident in a) above

other than Offshore

Offshore

Offshore shall mean from the time ofembarkation onto a conveyance at the pointof final departure from land to any offshorerig or any offshore platform and until suchtime of disembarkation from the conveyanceonto land upon return from any offshore rigor any offshore platform

Extended Cover

The indemnity under Sections 1 & 2 onlyapplies in respect of Persons Employedengaged by You on a permanent basis

Cover is understood to apply in respect ofPersons Employed engaged on a temporarybasis where You have requested this coverand the Schedule shows ‘Extended Cover is operative’

Venture Plus Policy DEFINITIONS

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SECTION 1 Venture Plus Policy

Section 1 - Public Liability

Cover

In the event of accidental

a) Injury to any person

b) loss of or damage to Property

c) obstruction trespass nuisance orinterference with any right of way air lightor water or other easement

d) wrongful arrest detention imprisonment oreviction of any person or invasion of theright of privacy

occurring within the Territorial Limits duringthe Period of Insurance and in connectionwith the Business We will indemnify You inrespect of all sums which You shall be legallyliable to pay as damages in respect of suchevent provided that We shall not be liable forany amount exceeding the Limit of IndemnityWe will in addition pay Costs and Expenses

Extension A – Health and Safety atWork etc Act Legal Defence Costs

We will indemnify You and at Your requestany director or partner of Yours or PersonsEmployed in respect of legal costs andexpenses incurred with Our written consentand costs awarded against You or anydirector or partner of Yours or PersonsEmployed arising in connection with aprosecution as a result of an alleged offenceunder the Health and Safety at Work etc Act1974 or similar safety legislation of GreatBritain Northern Ireland the Channel Islandsor the Isle of Man which arises in connectionwith the Business and which occurs duringthe Period of Insurance

We will also pay the costs incurred with Ourwritten consent in appealing against anyjudgement given

Provided that

a) the indemnity granted hereunder does not

1) provide for the payments of fines or penalties

2) apply to prosecutions which arise outof any activity or risk excluded fromthis Policy

3) apply to prosecutions consequentupon any deliberate act or omission

4) apply to prosecutions which relate tothe health safety or welfare of anyPersons Employed

5) apply to prosecutions which relate tothe health safety or welfare of anypersons not being Persons Employedunless Section 1 is operative at thetime when the offence was committed

b) the director partner or Persons Employedshall be subject to the terms exceptionsand conditions of the Policy insofar asthey can apply

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Extension B – Motor Contingent Liability

We will indemnify You within the terms of thisSection in respect of legal liability for Injuryor damage to Property caused by or throughor in connection with any motor vehicle ortrailer attached thereto (not belonging to orprovided by You) being used in the course ofthe Business

Provided that We shall not be liable for

a) damage to any such vehicle or trailer

b) any claim arising whilst the vehicle ortrailer is

1) engaged in racing pacemakingreliability trials or speed testing

2) being driven by You

3) being driven with Your general consentor that of Your representative by anyperson who to Your knowledge or tothat of such other representative doesnot hold a licence to drive such avehicle unless such a person has heldand is not disqualified from holding orobtaining such a licence

4) used elsewhere than in Great BritainNorthern Ireland the Channel Islandsor the Isle of Man

Extension C – Movement ofObstructing Vehicles

We will indemnify You within the terms of thisSection in respect of legal liability arisingfrom any vehicle (not owned or hired by orlent to You) being driven by You or by anyPersons Employed with Your permissionwhilst such vehicle is being moved for thepurpose of allowing free movement of anyvehicle owned hired by or lent to You or anyPersons Employed by You

Provided that

a) movements are limited to vehicles parkedon or obstructing Your own premises or atany site at which You are working

b) the vehicle causing obstruction will not bedriven by any person unless such personis competent to drive the vehicle

c) the vehicle causing obstruction is drivenby use of the owner’s ignition key

d) We shall not indemnify You against

1) damage to such vehicle

2) liability for which compulsoryinsurance or security is required underany legislation governing the use ofthe vehicle

Venture Plus Policy SECTION 1

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SECTION 1 Venture Plus Policy

Extension D – Leased Hired orRented Premises

Exception 2 on page 12 shall not apply todamage to premises leased hired or rentedto You

Provided that We shall not indemnify You against

a) liability assumed by agreement unlesssuch liability would have attached in theabsence of such agreement

b) loss or damage caused by fire or anyother peril against which a tenancy orother agreement stipulates that insuranceshall be effected by You or on Your behalf

c) the first £250 of damage causedotherwise than by fire or explosion

Extension E – Cross Liability

This Section shall apply separately to eachperson named in the Schedule as if aseparate policy had been issued to each

Provided that if We are required to indemnifymore than one party in respect of anyoccurrence Our liability shall not in theaggregate exceed the Limit of Indemnity

Extension F – Car Park andCloakroom Liability

Where the vehicles or personal effects ofpersons other than You are held in trust byYou or in Your custody or control We willprovide indemnity against legal liability inrespect of loss of or damage to such property

Provided that such property

a) is not being stored by You for a fee orother consideration

and

b) is not held in trust by You or in Yourcustody or control for the purposes ofwork being carried out on such property

Extension G – Data Protection Act

We will indemnify You in respect of liabilityarising under the Data Protection Act 1998 topay compensation for damages or distress

Provided that

a) the process of registration under theabove Act has been commenced orcompleted by You and the application hasnot been refused or withdrawn

b) no liability arises as a result of theprovision by You of the services of a Data Processor

We shall not be liable in respect of

a) the recording or provision of data forreward or for determining the financialstatus of any person

b) any liability which arises as a result of adeliberate act or omission by You andwhich could reasonably have beenexpected by You having regard to thenature and circumstances of such act or omission

Our total liability including all costs andexpenses shall not exceed £250,000 duringany one Period of Insurance

For the purposes of this extension thephrases or words Data Processor and Datashall carry the same meaning as definedunder the Data Protection Act 1998

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Extension H – ConsumerProtection Act and Food Safety Act

We will indemnify You and if You request anydirector or partner of Yours or PersonsEmployed in respect of legal costs andexpenses incurred with Our written consentin the defence of any criminal proceedingsbrought or in an appeal against convictionarising from such proceedings in respect of abreach of Part II of the Consumer ProtectionAct 1987 or of Part II of the Food Safety Act1990 or of Part II of the Food Safety(Northern Ireland) Order 1991

Provided that

a) the proceedings relate to an offencealleged to have been committed duringthe Period of Insurance and in the courseof Your Business

b) the indemnity will not apply

1) to fines or penalties of any kind

2) where indemnity is provided by anyother insurance

3) to proceedings consequent upon anydeliberate act or omission

Extension J – Bona-fide Sub-Contractors

We agree to insure Your legal liability for workcarried out by bona-fide sub-contractorsworking for You or on Your behalf provided thatWe shall not be liable under this extension

i) unless prior to appointment You shallcheck that bona-fide sub-contractors holda current Public Liability insurance

ii) in the event of a claim under thisextension You shall provide documentaryevidence of the Public Liability insuranceheld by the bona-fide sub-contractor at thetime of his appointment to work for You

Subject otherwise to General Condition M(Acceptance Criteria) & the termsExceptions & Conditions of this Policy

Extension K – Defective Premises Act

We will indemnify You in respect of Injury orloss of or damage to Property which Youmay incur as owner by virtue of the Defective Premises Act 1972 in connectionwith any premises which have beendisposed of by You and which prior todisposal were occupied by You in connectionwith the Business

Provided that We shall not be liable for

a) any liability for which You are entitled to indemnity under any other policy of insurance

b) Injury or loss or damage happening priorto such disposal

c) the cost of repairing replacing orreinstating any defect giving rise to such claim or for the rectification of faulty workmanship

Venture Plus Policy SECTION 1

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SECTION 1 Venture Plus Policy

Exceptions

We shall not be liable in respect of

1 Injury sustained by any PersonsEmployed arising out of and in the courseof their employment by You

2 loss of or damage to Property owned by You

3 loss or damage to Property which isleased let rented hired or lent to You

4 Injury or loss of or damage to Propertyarising from the ownership possession oruse by You or on Your behalf of any

a) locomotive aircraft watercrafthovercraft or oil drilling platform or rig

b) mechanically propelled vehicles or trailers attached thereto which are licensed for road use or which are compulsorily insurable under any legislation governing the use of vehicles

This exception shall not apply to

a) mechanical plant working as a tool oftrade on any site where You areundertaking work or at Your premises

b) the loading or unloading of motorvehicles or trailers

c) Extensions B and C

Provided that an indemnity is not providedunder any other policy of insurance

5 Loss of or damage to

a) Property comprising the permanent or temporary works undertaken by You in the course of any contract or agreement and which is under Your control or for which You are responsible

b) Property which is held in trust by Youor held in Your custody or control orany Persons Employed by You or anyparty who is carrying out work on Yourbehalf where such Property is held forthe purposes of

1) sales supply transport storageerection installation fitting treatmentrepair alteration testing or service

2) work being carried out at Yournormal place of business or that ofthe party carrying out the work forYou or on Your behalf

6 Loss of or damage to or the cost ofremoving reinstating replacing orrectifying any Services Supplied otherthan Services Supplied under a separatepreviously completed contract

7 The cost of recalling altering or makingrefunds in respect of Services Supplied

8 Advice design or specification providedseparately for a fee or under a separate contract

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9 Pollution or Contamination other thancaused by a sudden identifiableunintended and unexpected incidentwhich takes place in its entirety at aspecific time and place during the Periodof Insurance

All Pollution or Contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

Our liability for all compensation payablein respect of all claims arising out ofPollution or Contamination which isdeemed to have occurred during thePeriod of Insurance shall not exceed theLimit of Indemnity in the aggregate

For the purpose of this Exception‘Pollution or Contamination’ shall bedeemed to mean

a) all pollution or contamination ofbuildings or other structures or ofwater or land or the atmosphere

and

b) all loss or damage or Injury directly or indirectly caused by such pollutionor contamination

10 Loss of or damage to Property whereliability is assumed under the terms ofClause 21.2.1 of the JCT Conditions ofContract or any subsequent alterationrevision or amendment or any like termsunder any Conditions of Contract

11 Any amount in respect of liquidateddamages or under penalty clauses

12 Legal liability arising out of

a) work in or on aircraft

b) work in or on airport or aerodromerunways manoeuvring areas or aprons or those parts of airports or aerodromes to which aircraft have access

Excess

We shall not be liable for the amount of eachand every claim specified as the Excess inthe Schedule

Discharge of Liability

We may at any time pay the Limit ofIndemnity (after deduction of any sum orsums already paid) or any less amount forwhich a claim or claims can be settled andshall be under no further liability in respectthereof except for the payment of Costs and Expenses incurred prior to the date of payment

Venture Plus Policy SECTION 1

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SECTION 1 Venture Plus Policy

Fire Precautions Condition

It is a condition precedent to liability underthis Section that in respect of use away fromYour premises of blow lamps blow torchesflame guns hot air guns electric oxyacetyleneor other welding or cutting equipment andangle grinders (in circumstances wheresparks are emitted) the undernotedprecautions will be complied with oneach occasion

Blow lamps blow torches flame guns andhot air guns

i) the area in which work is to be carried outto be examined and combustible propertywithin the vicinity of the work eitherremoved or as far as practicable coveredby non-combustible materials

ii) suitable fire extinguishing appliances tobe kept available for immediate use at thepoint of work or as near as is practicable

iii) blow lamps blow torches and flame gunsnot to be lighted until required for use andextinguished immediately after use

iv) lighted blow lamps blow torches andflame guns not to be left unattended

v) hot air guns to be switched off when unattended

vi) upon completion of each period of work athorough fire safety check to be made ofthe vicinity of the work The fire safetycheck to be undertaken at regularintervals for a period of at least one hourafter completion

Electric oxyacetylene or other welding orcutting equipment and angle grinders

i) the area in which the work to be carriedout including adjoining shafts or openingsand the area on the other side of any wallor partition to be inspected to seewhether any combustible property otherthan the property to be worked upon is indanger of ignition either directly or byconduction of heat

ii) all combustible property to be removed to a distance of not less than 6 metresfrom the point of work and property which cannot be moved to be coveredand fully protected by overlapping sheets of non-combustible material or equivalent protection

iii) You shall arrange for a person who iscompetent in the use of fire extinguishingappliances to work in conjunction with theoperative using the equipment to act as afirewatcher and to remain in attendanceat all times until lighted flame equipmentis extinguished

iv) suitable fire extinguishing appliances tobe made available for immediate use atthe point of work

v) gas cylinders not in use to be keptoutside the building in which the work istaking place where practicable but in anyevent at least 15 metres from the point ofapplication of the heat

vi) upon completion of each period of work athorough fire safety check to be made ofall areas referred to in paragraph i) aboveThe fire safety check to be undertaken atregular intervals for a period of at leastone hour after completion

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Venture Plus Policy SECTION 2

Section 2 - Employers Liability

CoverIn the event of Injury caused to PersonsEmployed within the Territorial Limits duringthe Period of Insurance and in connectionwith the Business We will indemnify You inrespect of all sums which You shall belegally liable to pay as compensation forsuch Injury arising out of such eventprovided that We shall not be liable for any amount exceeding the Limit of Indemnity which shall be inclusive of Costsand Expenses

Avoidance of Certain Terms and Right of Recovery

The indemnity provided under this Section isdeemed to be in accordance with theprovisions of any law relating to thecompulsory insurance of liability to PersonsEmployed in Great Britain Northern Irelandthe Isle of Man or the Channel Islands butYou shall repay to Us all sums paid by Uswhich We would not have been liable to paybut for the provisions of such law

World-wide

The indemnity granted by this Sectionextends to include liability for Injury causedto Persons Employed whilst temporarilyengaged in manual work outside theTerritorial Limits

Provided that

a) such Persons Employed are ordinarilyresident within Great Britain NorthernIreland the Isle of Man or the Channel Islands

b) We shall not be liable to indemnify You inrespect of any amount payable underWorkmen’s Compensation Social Securityor Health insurance legislation

Exclusion of Motor Risk

The indemnity provided by this Section doesnot apply to any legal liability in respect ofInjury to any Persons Employed sustainedwhen such Persons Employed are carried inor on or entering to or alighting from avehicle in circumstances where compulsoryinsurance or security is required under theRoad Traffic Act 1988 or any subsequentlegislation amending revising or replacingsuch Act

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SECTION 2 Venture Plus Policy

Extension A – Health and Safety atWork etc Act Legal Defence Costs

We will indemnify You and at Your requestany director or partner of Yours or PersonsEmployed in respect of legal costs andexpenses incurred with Our written consentand costs awarded against You or anydirector or partner of Yours or PersonsEmployed arising in connection with aprosecution as a result of an alleged offenceunder the Health and Safety at Work etc Act1974 or similar safety legislation of GreatBritain Northern Ireland the Channel Islandsor the Isle of Man which arises in connectionwith the Business and which occurs duringthe Period of Insurance

We will also pay the costs incurred with Ourwritten consent in appealing against anyjudgement given

Provided that

a) the indemnity granted hereunder does not

1) provide for the payments of fines or penalties

2) apply to prosecutions which arise outof any activity or risk excluded fromthis Policy

3) apply to prosecutions consequentupon any deliberate act or omission

4) apply to prosecutions which relate tothe health safety or welfare of anypersons other than Persons Employed

5) apply to prosecutions which relate tothe health safety or welfare of anyPersons Employed unless Section 2 isoperative at the time when the offencewas committed

b) the director partner or Persons Employedshall be subject to the terms exceptionsand conditions of the Policy insofar asthey can apply

Extension B – Unsatisfied Court Judgement

In the event of a judgement for damagesbeing obtained in the first instance under theJurisdiction of a Court in Great BritainNorthern Ireland the Channel Islands or theIsle of Man by any Persons Employed or thepersonal representatives of any PersonsEmployed in respect of Injury arising out ofand in the course of his employment orengagement by You which remainsunsatisfied in whole or in part six monthsafter the date of such judgement

at Your request We will pay to the PersonsEmployed or the personal representatives ofthe Persons Employed the amount of anydamages or awarded costs to the extent thatthey remain unsatisfied

Provided that

a) there is no appeal outstanding

b) the judgement relates to Injury whichwould otherwise be within the terms ofthe Policy

c) any payment made by Us shall be only inrespect of liability for which You wouldhave been entitled to indemnity underSection 2 of the Policy if the judgementhad been made against You

d) We shall be entitled to take over andprosecute for Our own benefit any claimagainst any other person and You thePersons Employed or the personalrepresentatives of the PersonsEmployed shall give all information andassistance required

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Venture Plus Policy SECTION 3

Section 3 - All Risks on Tools and Phones

Definitions

Tools and Phones

For the purpose of this Section the termTools and Phones shall mean hand toolsmobile phones and hand held portable powertools belonging to or borrowed or leased byany Insured Person

Sum Insured

Our liability for all claims arising under thisSection of the Policy from any one InsuredPerson during any one Period of Insuranceshall not exceed the Sum Insured specifiedin the Schedule

Excess

We shall not be liable for the amount statedin the Schedule as the Excess

a) In respect of each and every loss ordamage by theft or attempted theft froman unattended motor vehicle

b) In respect of every other loss or damage

Insured Person

For the purposes of this Section the termInsured Person shall mean each of Yourdirectors, partners, principals or permanentPersons Employed

Cover

In the event of Tools and Phones sustainingloss or damage during the Period ofInsurance from any cause not otherwiseexcluded occurring within or in transitbetween Great Britain Northern Ireland theChannel Islands and the Isle of Man or anyother country of the European Union We willby payment and at Our option byreplacement or repair indemnify eachInsured Person as stated in the Schedule

Exceptions

We shall not be liable for

1 mechanical or electrical breakdown or derangement

2 faulty or defective design materials orworkmanship gradual deterioration wearand tear rust action of light oratmospheric conditions

3 any process of cleaning repair or restoration

4 confiscation nationalisation requisition or wilful destruction by any Government Public Municipal Local or Customs Authority

5 unexplained disappearance or inventory shortage

6 theft or attempted theft from anyunattended vehicles unless

a) all doors and windows and otherpoints of access have been closedand locked and any security devicescorrectly set to operate and all keys to doors ignition and other services removed

b) between the hours of 21.00 and 06.00such vehicle is in a securely lockedbuilding or guarded security park

7 theft or attempted theft by an InsuredPerson or Persons Employed by You

8 loss or damage to Tools and Phoneswhilst left unattended on any site orpremises where You are carrying out workin connection with the Business unlessstored in a securely locked building whennot in use

9 the amount shown as the Excess in the Schedule

10 directly or indirectly by or contributed toby or arising from pressure waves causedby aircraft and other aerial devicestravelling at sonic or supersonic speeds

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SECTION 4 Venture Plus Policy

Section 4 - Hired in Plant

Indemnity

We agree to indemnify You by payment or at Our option by reinstatement or repair in respect of loss of or damage to theProperty Insured

Property Insured

Constructional plant tools equipment sitehuts or caravans hired in by You for use inconnection with Your Business whilst on thesite of any contract undertaken by You or intransit by road rail or inland waterway whilstat Your own premises or whilst in a securelylocked compound or store

Maximum Amount Payable

Our liability under this Section shall not exceed the sum insured shown in the Schedule

Reinstatement of Sum Insured

In the event of loss the sum insured by thisSection will be automatically reinstated fromthe date of the loss unless written notice isgiven to the contrary either by Us or by Youand You undertake to pay such necessarypremiums as may be required for suchreinstatement from that date

Immobilised Plant

This Section extends to include the paymentof necessary costs incurred in the recoveryof property described in the Schedule to thisSection which may become immobilised orimmovable whilst being used in connectionwith any contract undertaken by YouImmobilisation or immovability due tomechanical or electrical breakdown is not insured

Continued Hiring Charges

Notwithstanding Exclusions 1 d) or 6 We willinsure You against legal liability in the termsof any hire agreement or otherwise

a) to make good to the owner loss of ordamage to any plant hired in insuredhereby caused by its own breakdown orits own explosion

b) to pay to the owner of any such planthired in hire charges incurred as aconsequence of and solely due to

i) physical loss of or damage to the said plant

or

ii) breakdown of the said plant due to thenegligence misdirection or misuse byYou or anyone working on Your behalf

Provided that

a) such hire charges shall be calculated atthe appropriate idle time rate for theperiod during which the plant isnecessarily idle due to such loss ordamage or breakdown not exceeding 90days from the time thereof and excludingthe first 48 hours

b) the extension does not apply to the resultof any wilful act or wilful neglect by You

c) Our liability shall not exceed £20,000 inrespect of any one hire agreement

Subject otherwise to the terms andexclusions of this Section and the GeneralConditions of this Policy

Re-drawing Plans/Documents

We will reimburse costs and expensesnecessarily incurred in re-writing or re-drawingplans drawings or other contract documentsfollowing loss or damage thereto up to amaximum amount any one claim of £25,000

Please refer to the Exclusions to this Sectionon Pages 23–25.

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Venture Plus Policy SECTION 5

Section 5 - Own Plant

Indemnity

We agree to indemnify You by payment or atOur option by reinstatement or repair inrespect of loss of or damage to the Property Insured

Property Insured

Item 1 Own Plant

Constructional plant tools equipment sitehuts or caravans belonging to You other thanTools or Phones as defined under Section 3for use in connection with Your Businesswhilst on or adjacent to the site of anycontract undertaken by You or in transit byroad rail or inland waterway whilst at Yourown premises or whilst in a securely lockedcompound or store

Item 2 Stock

Stock in trade other than described in Item 1belonging to You whilst at Your ownpremises or in a securely locked compoundor store within the Territorial Limits

Maximum Amount Payable

Our liability under this Section shall not exceed the sum insured shown in the Schedule

Reinstatement of Sum Insured

In the event of loss the sum insured by thisSection will be automatically reinstated fromthe date of the loss unless written notice isgiven to the contrary either by Us or by Youand You undertake to pay such necessarypremiums as may be required for suchreinstatement from that date

Immobilised Plant

This Section extends to include the paymentof necessary costs incurred in the recoveryof property described in the Schedule to thisSection which may become immobilised orimmovable whilst being used in connectionwith any contract undertaken by You

Immobilisation or immovability due tomechanical or electrical breakdown is not insured

Personal Effects of Persons Employed

The insurance by this Section is extended toinclude personal effects of PersonsEmployed (other than tools) for an amountnot exceeding £500 for any one personwhilst on the site of the Contract Works

Please refer to the Exclusions to this Sectionon Pages 23–25.

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Section 6 - Contract Works

Indemnity

We agree to indemnify You by payment or at Our option by reinstatement or repair inrespect of loss of or damage to the Property Insured

Property Insured

The permanent or temporary works executedin performance of any contract and materialsfor use in connection therewith whilst on oradjacent to the site of any contract or intransit by road rail or inland waterway withinthe Territorial Limits to the extent that Youare responsible under any contract

Debris Removal/Professional Costs

We will reimburse costs and expensesnecessarily incurred by You with Our consent for

1 a) removing debris

b) dismantling and/or demolishing

c) shoring up propping and fencing off

d) clearing and/or repairing drains andservice mains on site

2 architects surveyors and consultants feesin connection with the reinstatement ofthe Property Insured consequent upon itsdestruction or damage but not forpreparing any claim

Maximum Amount Payable

Our liability under this Section shall notexceed the sum insured shown in theSchedule plus the additional amount shownin the Escalator Clause of the Extensions

Sub-Contractors

In respect of any contract awarded under theJCT Standard Form of Building Contractincorporating the 1986 Amendment toInsurance and Related Liability Provisions(or equivalent thereof) and insured under thisSection the following alterations to thisSection shall apply

In respect of loss or damage by any of theSpecified Perils defined in the contract it isagreed that so far as is required by the saidcontract We will not pursue any rights ofsubrogation against sub-contractors providedthat the sub-contractor shall as if he wereYou observe fulfil and be subject to the termsand exclusions of this Section and theGeneral Conditions of this Policy

Indemnity to Principals

The insurance by this Section extends to include the interest of Youremployer/principal solely to the extentrequired by the conditions of contract in forcebetween You and Your employer/principalprovided always that such employer/principalshall as if he were You observe fulfil and besubject to the terms and exclusions of thisSection and General Conditions of this Policy

Reinstatement of Sum Insured

In the event of loss the sum insured by thisSection will be automatically reinstated fromthe date of loss unless written notice is givento the contrary either by Us or by You andYou undertake to pay such necessarypremiums as may be required for suchreinstatement from that date

SECTION 6 Venture Plus Policy

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Venture Plus Policy SECTION 6

Local Authorities Clause

The insurance by this Section extends toinclude the additional cost of reinstatementas may be incurred solely by reason of thenecessity to comply with Building or otherRegulations under or framed in pursuance ofany Act of Parliament or Bye-Laws of anyMunicipal or Local Authority provided always that

1 the amount recoverable under thisExtension shall not include

a) costs incurred in complying with any ofthe said Regulations or Bye-Laws

i) which can be recovered elsewhere

ii) under which notice has beenserved upon You prior to thehappening of the loss or damage

b) the amount of any rate tax dutydevelopment or other charge orassessment arising out of capitalappreciation which may be payable inrespect of the property or by the ownerthereof by reasons of compliance withany of the said Regulations or Bye-Laws

2 the work of reinstatement shall becommenced and carried out withoutunreasonable delay

Speculative Building

It is agreed that

a) the Property Insured includes suchproperty being built or erected by Youother than under contract

b) in respect of property being built orerected other than under contract theinsurance by this Section shall cease toapply from

i) the date such property is sold or let

or

ii) three months after the date ofsubstantial completion of the work ofbuilding or erecting such property

whichever is the earlier

‘Substantial Completion’ for the purposesof this Extension shall mean completionapart from a prospective purchasers ortenants choice of decorations and/or final fitments

c) if from any cause work on the site of anycontract shall cease for a period inexcess of 3 consecutive months then thisExtension shall be avoided unless itscontinuance be agreed in writing by Us

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Off Site Storage

The insurance by this Section extends toapply to materials allocated to any contractwhilst temporarily stored anywhere within theTerritorial Limits provided You areresponsible for them under the said contract

Escalator Clause

In the event of an increase in the value ofany contract the Sum Insured stated in theSchedule is automatically increased for suchcontract provided that the amount of the saidincrease shall not exceed 20% of the saidSum Insured

Re-drawing Plans/Documents

We will reimburse costs and expensesnecessarily incurred in re-writing or re-drawing plans drawings or other contractdocuments following loss or damage theretoup to a maximum amount any one claim of £25,000

Free Materials

The Property Insured shall include anymaterials supplied by or provided to You bythe employer for inclusion in any contract forwhich You are responsible the value of whichwill not be included in the final valuation ofthe works carried out or final contract priceand which are not otherwise excluded fromthis Section

Expediting Costs

This Section extends to include payment ofextra charges for overtime nightwork work onpublic holidays express freight air freight andthe like necessarily incurred by You followingreinstatement or replacement of anydamaged property forming the basis of aclaim under this Section

Showhouses and Contents

The insurance by this Section is extended toinclude showhouse properties andshowhouse contents until sold (includingwhilst in transit by road rail or inlandwaterway and in temporary storage all withinthe Territorial Limits) provided that themaximum value of the contents of any oneshowhouse shall not exceed £5,000

Please refer to the Exclusions to this Sectionon Pages 23–25

SECTION 6 Venture Plus Policy

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Venture Plus Policy EXCLUSIONS TO SECTIONS 4, 5 & 6

These sections do not cover:

1 Excluded Property

Loss of or damage to

a) any mechanically propelled vehicleintended for the conveyance of personsmaterials or plant and for which insuranceor security under road traffic actlegislation is necessary but this exclusionshall not apply to any vehicle primarilyintended for use at the sites of anycontract nor any vehicle used solely atthe sites of any contract and which is notlicensed for road use

b) i) any aircraft

ii) any watercraft (other than watercraftnot exceeding 8 metres in length orany hand propelled boat or pontoon)

c) deeds bonds bills of exchange promissorynotes money stamps securities ordocuments of title precious metals stonesor articles made therefrom

d) any vehicle or item of plant or machinery caused by its own breakdownor its own explosion

e) any existing property including anyexisting property being altered or repaired

2 Defective Workmanship/Design

Loss of or damage to and the cost necessaryto replace repair or rectify

a) Property Insured which is in a defectivecondition due to a defect in design planspecification materials or workmanship ofsuch Property Insured or any part thereof

b) Property Insured lost or damaged toenable the replacement repair orrectification of Property Insured excludedby a) above

Exclusion a) above shall not apply to otherProperty Insured which is free of thedefective condition but is damaged inconsequence of such defect

For the purpose of this insurance and notmerely this Exclusion the Property Insuredshall not be regarded as lost or damagedsolely by virtue of the existence of any defectin design plan specification materials orworkmanship in the Property Insured or anypart thereof

3 Wear and Tear and Normal Upkeep

a) loss or damage due to wear and tear orgradual deterioration rust wet or dry rotcontamination vermin and insects

b) the cost of normal upkeep or normalmaking good

Exclusions to Sections 4, 5 & 6

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4 Completed Works

Loss of or damage to the permanent worksor any part thereof in respect of which acertificate of completion has been issued orwhich has been completed and handed overto the principal unless such loss destructionor damage be occasioned

i) during the period of maintenance ordefects liability period and arises from acause occurring prior to thecommencement of such period

ii) by You in the course of any operationscarried out by You for the purpose ofcomplying with Your obligations under themaintenance or the defects liability clausein the contract conditions

iii) within 14 days of the time of issue of suchcertificate of completion and which Youare required by the terms of any contractto insure

5 Occupancy/Responsibility of Others

Loss or damage

a) due to the use or occupancy of anyportion of the permanent works by anyowner tenant or occupier

b) for which You are relieved of responsibilityby the conditions of any contract

6 Penalties under Contract

Penalties under any contract for delaydetention or loss of use or losses arising inconnection with Guarantees of Performanceor efficiency or consequential loss ordamage of any kind

7 Shortages

Loss of any property by disappearance or byshortage where such loss is revealed only bythe making of an inventory or a periodicstocktaking or is not traceable to anidentifiable event

8 Pressure Waves

Loss destruction or damage directlyoccasioned by pressure waves caused byaircraft and other aerial devices travelling atsonic or supersonic speeds

9 Confiscation etc Risks

Confiscation nationalisation requisition ordestruction of or damage to property by orunder the Order of any Government orPublic or Local Authority

10 Terrorism

Loss damage cost or expense of whatsoevernature directly or indirectly caused byresulting from or in connection with:

Any act of Terrorism regardless of any othercause or event contributing concurrently or inany other sequence to the loss

Any action taken in controlling preventingsuppressing or in any way relating to any actof Terrorism

If the company alleges that by reason of thisexclusion any loss damage cost or expenseis not covered by this Section of the Policythe burden of proving the contrary shall beupon the insured

In the event any portion of this exclusion isfound to be invalid or unenforceable theremainder shall remain in full force and effect

Definition - Terrorism

For the purpose of this exclusion an act ofTerrorism shall mean an act including but notlimited to the use of force or violence and orthreat thereof of any person or group[s] of

EXCLUSIONS TO SECTIONS 4, 5 & 6 Venture Plus Policy

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Venture Plus Policy EXCLUSIONS TO SECTIONS 4, 5 & 6

persons whether acting alone or on behalf ofor in connection with any organisation(s) orgovernments(s) committed for politicalreligious ideological or similar purposesincluding the intention to influence anygovernment and or put the public or anysection of the public in fear

11 Excess

The amount of each and every claimspecified as the Excess in the ScheduleIn the event of an incident resulting in a claimunder more than one of Sections 4 5 & 6 it isunderstood that this Excess shall only applyonce in respect of such incident

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SECTION 7 Venture Plus Policy

Section 7 - Personal Accident

Definitions

Accidental

Sudden and external cause that isunpredictable and fortuitous

Benefit(s)

The Weekly Sum and Capital Sum specifiedin the Schedule

Bodily Injury

Bodily injury and death but excluding anysickness disease or medical disorder or anyinjury due to a gradually operating cause

Capital Sum

The maximum amount payable in respect ofDeath, Loss of Limb or Sight or PermanentTotal Disablement

Loss of Limb(s)

Loss by physical severance at or above thewrist or ankle

Loss of Sight

Total and irrecoverable Loss of Sight

Permanent Total Disablement

Absolute disablement from giving attention toor disablement from engaging in any andevery kind of profession and occupation andthat in the opinion of an independent medicalreferee the Insured Person is beyond hopeof improvement

Temporary Total Disablement

Disablement wholly preventing the InsuredPerson from attending to or engaging in anyand every profession and occupation parttime or otherwise

Weekly Sum

The amount payable per week in respect of Temporary Total Disablement

Insured Person

Each of Your directors principals or partnersaged not more than 75 years old specified in the Schedule

Cover

We will pay the Benefits as stated in theSchedule to the Insured Person (or his legalrepresentatives) to the extent and mannerset forth within this Policy if during the Periodof Insurance the Insured Person whilstpursuing the Business Trade or Occupationspecified in the Schedule sustains DeathLoss of Limb(s) or Sight or Permanent orTemporary Total Disablement within 12months of an Accidental Bodily Injury

Our liability shall not exceed the Benefitsspecified in the Schedule

Benefits Payable

The Benefits payable under this Policy are

Benefit A

i) Death

ii) Total and irrecoverable Loss of Sight

iii) Loss of one or more Limbs

iv) Permanent Total Disablement (other thanby Loss of Limbs or Sight) which after104 weeks from the date of the Injuryprevents the Policyholder from followingengaging in or giving attention to any kindof profession or occupation

v) benefits shall not be payable in respect of more than one of the Benefits under A

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Venture Plus Policy SECTION 7

Benefit B

Temporary Total Disablement but excludingthe first 14 days of such disablement

a) Benefit B will be payable for a maximumof 104 weeks

b) Benefit B payments will ceaseimmediately Benefit A becomes payableor the Insured Person is able to attend orengage in work or employment (whetherfull or part-time)

c) any payment made in respect of Benefit Bshall be deducted from payment made inrespect of Benefit A

Exceptions

We shall not be liable in respect of

1 Bodily Injury deliberately caused by theInsured Person and its consequencesexcept in an attempt to save a human life

2 Bodily Injury arising from or contributed to by

a) any physical or mental defect fromwhich the Insured Person is or hasbeen suffering at any time during the 2 years prior to the commencement of this Section unless it has beendeclared to and accepted by Us

b) suicide or attempted suicidedrunkenness the use of narcotic drugsor tranquillisers (other than drugstaken under medical supervision andnot for the treatment of drug addiction)

c) pregnancy and/or childbirth

Trust and Assignments

We shall not be bound to accept or beaffected by any trust charge or assignmentrelating to this Policy and Your receipt or thatof Your legal personal representative shalldischarge Us

Conditions Relating to Payment of Benefit

1 The maximum amount payable underBenefit B shall not exceed 75% of theInsured Person’s average weekly incomeover the months prior to Benefit becomingpayable from any source excludingovertime commissions and bonuses

2 Accidental Death shall not be presumedby reason of the disappearance of theInsured Person

3 All reports certificates and informationrequired by Us under this Policy shall befurnished without expense to Us and shallbe in such form as We shall prescribeThe Insured Person shall from time totime submit himself to medicalexamination at Our expense as may berequired in connection with any claim

4 If an event occurs which may give rise toa claim under this Policy the InsuredPerson must as early as possible placehimself under the care of a duly qualifiedmedical practitioner

5 This Policy shall cease to be in force ifthere be any alteration in the activitiesspecified in the Schedule or Youroccupation unless notified to andaccepted by Us in writing

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GENERAL EXCEPTIONS Venture Plus Policy

General Exceptions

Applying to All Sections

Radioactive Contamination and War Risks

We shall not be liable in respect of

A Loss destruction of or Damage to anyproperty whatsoever or any Loss orexpense whatsoever resulting or arisingtherefrom or any consequential loss orany legal liability of whatsoever naturedirectly or indirectly caused by orcontributed to by or arising from

a) ionising radiation or contamination byradioactivity from any nuclear fuel orfrom any nuclear waste from thecombustion of nuclear fuel

b) the radioactive toxic explosive or otherhazardous properties of any explosivenuclear assembly or any nuclearcomponent thereof

In respect of Injury caused to PersonsEmployed this Exception shall apply onlywhen under a contract or agreement Youhave undertaken to indemnify a Principal orhave assumed liability under contract forsuch Injury and which liability would not have attached in the absence of suchcontract or agreement

B Any consequence whether direct orindirect of war invasion act of foreignenemy hostilities (whether war bedeclared or not) civil war rebellionrevolution insurrection or military orusurped power

Applying to Sections 1 3 4 5 and 6

Date Recognition

This Policy shall not apply to any claimdirectly or indirectly caused by or contributedto by or arising from the failure of anycomputer or other equipment dataprocessing service product microchip microprocessor integrated circuit embedded chipor similar device computer software program

or process or any other electronic system orany design or advice in connection with anyof the foregoing irrespective of ownershippossession or use and whether occurringbefore during or after the year 2000

i) correctly to recognise any date as its truecalendar date

ii) to capture save or retain and/or correctlyto manipulate interpret or process anydata or information or command orinstruction as a result of treating any dateotherwise than as its true calendar date

iii) to capture save or retain or correctly toprocess any data as a result of theoperation of any command which hasbeen programmed into any computersoftware being a command which causesthe loss of data or the inability to capturesave retain or correctly to process suchdata on or after any date

but in respect of Sections 3 (All Risks onTools and Phones) 4 (Hired in Plant) 5 (OwnTools) and 6 (Contract Works) this shall notexclude subsequent loss or damage nototherwise excluded which itself results fromfire lightning explosion aircraft or other aerialdevices or articles dropped therefrom riotcivil commotion strikers locked out workerspersons taking part in labour disturbancesmalicious persons theft earthquake stormflood escape of water from any tankapparatus or pipe or impact by any roadvehicle or animal provided such contingencyis insured by the Section This exclusion isnot applicable to Sections 2 (EmployersLiability) and 7 (Personal Accident)

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Venture Plus Policy GENERAL CONDITIONS

General Conditions

Applying to all Sections

A Interpretation

This Policy and the Schedule shall beread together as one contract and anyword or expression to which a specificmeaning has been attached in any part ofthis Policy or Schedule shall bear suchmeaning wherever it may appear

B Alteration of Risk

You shall give immediate notice in writingto Us of any alteration or change affectingthe risk insured

C Claims Procedure

a) You shall give immediate notice inwriting to Us of any event ornotification which might give rise to aclaim under this Policy and shall giveall information and assistance requiredand shall send to Us immediately onreceipt every letter writ summons orother document and shall notify Us inwriting of any impending prosecutioninquest or fatal accident inquiry inconnection with any event for whichthere may be liability under this Policy

b) No admission of liability or offerpromise or payment shall be made byYou without Our written consent andWe shall at Our discretion be entitledto take over and conduct in Your namethe defence or settlement of any claimand to prosecute at Our own expenseand for Our own benefit any claim forindemnity or compensation orotherwise against any other persons

D Reasonable Precautions

You shall take all reasonable precautions

a) In the selection of Persons Employedand sub-contractors

b) To prevent accidents injury disease or illness

c) To comply with all statutory obligations and regulations imposedby any authority

E Number of Persons

The premium for this Policy is based onthe total number of persons stated in theSchedule You shall notify Us immediatelyif this number shall change and shall payany additional premium which may be required

F Cancellation

Our Rights

We shall not be bound to accept anyrenewal of this Policy and may at anytime give 21 days notice of cancellationby recorded delivery to Your last knownaddress Thereupon You shall be entitledto the return of a proportionate part of thepremium paid in respect of the unexpiredterm of this Policy provided that therehave been

• no claims made under the Policy forwhich We have made a payment

• no claims made under the Policywhich are still under consideration

• no incidents likely to give rise to aclaim but are yet to be reported to Us

during the current Period of Insurance

This termination will be without prejudiceto any rights or claims of the Insured orthe Company prior to the expiration ofsuch notice

If a claim has been submitted or therehas been any incident likely to give rise toa claim during the current Period ofInsurance, no refund for the unexpiredportion of the premium will be given

Your Rights

You may cancel this Policy in the firstyear of insurance during the 14 days after

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GENERAL CONDITIONS Venture Plus Policy

the Contract has been concluded bygiving notice in writing to Your InsuranceAdviser at the address shown in theircorrespondence or to the AXA Insuranceaddress shown on Your Policy scheduleThis right does not apply at the first orany subsequent renewal of the Policy

Provided that there have been

• no claims made under the Policy forwhich We have made a payment

• no claims made under the Policywhich are still under consideration

• no incidents likely to give rise to aclaim but are yet to be reported to Us

during this 14 day period, We will give arefund for the proportionate part of thepremium paid in respect of the unexpiredterm of this Policy, subject to a minimumpremium of £50

If a claim has been submitted or therehas been any incident likely to give rise toa claim during the current Period ofInsurance, no refund for the unexpiredportion of the premium will be given

G Instalments

If the premium on this Policy is payableby the Company’s Budget Plan and Youdo not pay each instalment on the duedate all cover under the Policy iscancelled automatically from the datesuch instalment was due or where statuterequires the giving of prior notice the dayfollowing the expiry of such notice

If the premium on this Policy is payableby the Company’s Budget Plan andduring the current Period of Insurance

• a claim has been made under the Policyfor which We have made a payment

• a claim has been made under the Policywhich is still under consideration

• an incident has occurred which islikely to give rise to a claim but is yetto be reported to Us

the annual premium remains due in fullIn such case monthly collections must

continue or a one off payment agreed tosettle the outstanding amount

Where a one off payment is not made tosettle the outstanding amount You mustcontinue with the instalment paymentsAlternatively We may deduct anyoutstanding instalments from any claimpayment that may be due to You orpayable on Your behalf

Any instalments payments legitimatelytaken prior to the notification ofcancellation of the budget agreement willbe retained Any refund of premium will bein respect of any subsequent collectionstaken between the time of notification andcancellation

H Renewal of Policy

We shall not be bound to send any noticeof the Renewal Premium becoming duenor to renew this Policy

I Misrepresentation

This Insurance shall be voidable if therehas been misrepresentation mis-description or non-disclosure of anymaterial fact

J Other Insurance

If at the time any claim arises under thisPolicy there be any other Insurancecovering the same Liability We shall notbe liable to pay or contribute more thanOur rateable proportion of any such claimcosts and expenses in connectiontherewith If any other such insurance orindemnity does not concur with this Policyin respect of contributing rateably thenOur Liability herein shall be limited inrespect of any Loss Damage oroccurrence to any excess beyond theamount which would be payable undersuch other insurance or indemnity hadthis Policy not been effected

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K Arbitration

If any difference shall arise as to theamount to be paid under this Policy(liability being otherwise admitted) suchdifference shall be referred to anarbitrator to be appointed by You and Usin accordance with the statutoryprovisions in that behalf for the timebeing in force Where any difference is bythis condition referred to arbitration themaking of an award shall be a conditionprecedent to any right of action against Us

L Observance of Policy Terms

The due observance of the termsprovisions conditions and endorsementsof this Policy insofar as they relate toanything to be done or complied with byYou and the truth of the statements in theproposal made by You shall be conditionsprecedent to any liability on Our part tomake any payment under the Policy

M Acceptance Criteria

Unless otherwise specified and agreedthis Policy has been issued on the basis that

a) payments to bona fide sub-contractorsdo not exceed 25% of Your annual turnover

b) payments to temporary PersonsEmployed do not exceed 25% of Yourannual turnover

Venture Plus Policy GENERAL CONDITIONS

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MAKING YOURSELF HEARD Venture Plus Policy

Making Yourself Heard

If You have cause for complaint, it is important You know We arecommitted to providing You with an exceptional level of service and customer care

We realise that things can go wrong and there may be occasionswhen You feel that We have not provided the service You expectedWhen this happens, We want to hear about it so We can try to putthings right

Who to contact?

The most important factors in getting Yourcomplaint dealt with as quickly and efficientlyas possible are

• to be sure You are talking to the rightperson, and;

• that You are giving them the right information

When You contact Us

• Please give Us Your name and a contacttelephone number

• Please quote Your Policy and/or claimnumber, and the type of Policy You hold

• Please explain clearly and concisely thereason for Your complaint

So We begin by establishing Your first pointof contact

Step One - Initiating Your complaint

Does Your complaint relate to

A: Your Policy?

B: a claim on Your Policy?

If A, You need to contact the agent or AXAoffice who sold You Your Policy Call thenumber on Your Policy document and stateYour complaint

If B, You need to contact whoever iscurrently dealing with Your claim and stateYour complaint

In either case, if You wish to provide writtendetails, the following checklist has beenprepared for You to use when drafting Your letter

• Head Your letter 'COMPLAINT'

• Give Your full name, postcode and acontact telephone number(s)

• Quote the type of Policy and Your Policyand/or claim number

• Advise the name of Your insuranceagent/firm (if applicable)

• Explain clearly and concisely thereason(s) for Your complaint

The letter should be sent to the persondealing with Your complaint along with anyother material required

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We expect that the majority of complaints willhave been quickly and satisfactorily resolvedat this stage, but if You are not satisfied, Youcan take the issue further

Step Two - If You are still unhappy

Should the response You receive beunsatisfactory, please refer the matter usingthe relevant details below

Does Your complaint relate to

A: Your Policy

B: a claim on Your Policy?

If A, ask to speak to the Branch ManagerWhere they cannot assist they will ensureYou are put into contact with the person whocan resolve Your complaint

If B, please contact the relevant ClaimsOffice, details of which You will havereceived following notifying Us of Your claim

Step Three - Contacting AXA Insurance Head Office

If Your complaint is one of the few that cannotbe resolved by this stage, write to the Headof Customer Care who will arrange for aninvestigation on behalf of the Chief Executive

Head of Customer Care AXA InsuranceCivic DriveIpswichSuffolk IP1 2AN

Tel: 01473 205926Fax: 01473 205101email: [email protected]

Step Four - Beyond AXA

If We have given You Our final responseand You are still dissatisfied You may referYour case to the Financial OmbudsmanService (FOS)

The FOS is an independent body thatarbitrates on complaints about generalinsurance products It will only considercomplaints if

• We have provided You with writtenconfirmation that Our internal complaintsprocedure has been exhausted

• Your Business has a turnover of less than £1,000,000

The Ombudsman can be contacted at:

Insurance DivisionFinancial Ombudsman Service South Quay Plaza 183 Marsh WallLondon E14 9SR

Tel: 0845 080 1800 Fax: 020 7964 1001

Referral to the Ombudsman will not affectYour right to take legal action against Us

Our promise to You

• Acknowledge written complaints promptly

• Investigate quickly and thoroughly

• Keep You informed of progress

• Do everything possible to resolve Your complaint

• Learn from Our mistakes

• Use the information from complaints tocontinuously improve Our service

Venture Plus Policy MAKING YOURSELF HEARD

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AXA Insurance UK plcRegistered in England No 78950. Registered Office: 5 Old Broad Street, London EC2N 1AD.

A member of the AXA Group of Companies. AXA Insurance UK plc is authorised and regulated by Financial Services Authority.In order to maintain a quality service, telephone calls may be monitored or recorded.

www.axa.co.uk

AXA is a world leader in wealth management and financial protection. We operate in

over 50 countries and serve more than 50 million customers worldwide. We cater to

a wide range of needs, providing advice and guidance to our individual and corporate

customers on a variety of financial products and services. In addition to Business,

Motor and Home Insurance we also offer Investments, Life Assurance, Retirement

Planning, Long Term Care, Asset Management, Medical Insurance and Dental

Payment Plans.

With our expertise and commitment to customer service and consistent,

quality care, you can rely on AXA for lasting security.

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ASK ABOUT AXA’S EXCELLENT RANGE OF BUSINESS,

HOME AND MOTOR INSURANCE PRODUCTS

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