Sub Section A - Employers Liability

Sub Section Insuring Clause (what is insured)

The Company will indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay for damages and Law

Costs arising from Bodily Injury to an Employee caused during the Period of Insurance in connection with a School Related Activity

Provided that

	(a) the liability of the Company in respect of all damages and all Law Costs shall not exceed the Limit of Indemnity indicated below
	(b) the Insured shall not be entitled to indemnity under this Sub Section in respect of any claim for which indemnity is more specifically provided (or would have been provided but for the application of a proviso, Condition or an Exclusion thereunder) under Section 5 – Indemnity to Management or Section 6 – Legal Expenses

Limit of Indemnity

€13,000,000 in respect of any one Event

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Sub Section Extensions

None of the under noted Extensions shall operate to increase the liability of the Company beyond the Limit of Indemnity stated in the Insuring Clause of this Sub Section and each Extension is subject otherwise to the terms Definitions Exclusions and Conditions of this Sub Section and this Policy

1. Health and Safety at Work Legislation

The Company will indemnify the Insured and at the Insured’s request any Employee of the Insured against legal costs and expenses incurred with its consent in the defence of or appeal against conviction in any criminal proceedings brought for a breach of any health and safety at work legislation committed or alleged to have been committed during the Period of Insurance in connection with a School Related Activity

2. Medical Expenses

At the request of the Insured the Company will on compassionate grounds meet any reasonable expenses incurred by an Employee resulting from an accident in connection with a School Related Activity

Provided that the liability of the Company shall not exceed

	(a) any one Employee €1,000
	(b) in any one Period of Insurance €10,000

The Insured shall not disclose the existence of this Extension without the consent of the Company

3. Indemnity to members of the board of management / governors or Trustees or School principals

In the event of any member of the board of management / governors or Trustees or any School principal making a claim against the Insured under this Sub Section arising from or connected with a School Related Activity the Company agrees not to raise the defence that he / she is also the Insured

4. Indemnity to Principals

The Company will indemnify any Principal in respect of legal liability as defined in the Sub Section Insuring Clause

Provided that

	(a) the Insured would have been entitled to indemnity under this Sub Section had the claim been made against the Insured
	(b) the Principal is not entitled to indemnity under any other policy
	(c) the Principal shall as though he were the Insured observe fulfil and be subject to the terms Definitions Exclusions and Conditions of this Policy

5. Court Attendance Costs

In the event of any member of the board of management / governors Trustee director officer or Employee of the Insured attending court as a witness at the request of the Company in connection with a claim for which the Insured is entitled to indemnity under this Sub Section then the Company will pay the under noted amounts to the Insured for each day on which such attendance is required by the Company

	(a) any member of the board of management / governors Trustee director officer / School principal or bursar €500 per day
	(b) any Employee €250 per day

6. Unsatisfied Court Judgements

In the event of a judgement for damages being obtained by any Employee of the Insured in respect of Bodily Injury to that Employee occurring during the Period of Insurance arising from or in connection with a School Related Activity against any company or person operating from premises within the Territorial Limits in any court situate therein and remaining unsatisfied in whole or in part six months after the date of such judgement the Company will at the request of the Insured pay to the Employee the amount of any such damages and awarded costs to the extent that they remain unsatisfied

Provided that

	(a) there is no appeal outstanding in relation to any such judgement
	(b) if any payment is made by the Company under this Extension in respect of any such judgement then the right to the proceeds of such judgement shall be assigned to the Company
	(c) all reasonable steps to protect the ability to recover from the party or parties against whom the judgement was obtained have been taken

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Sub Section Exclusions (what is not insured)

The Company will not indemnify the Insured in respect of any liability

1. arising directly or indirectly out of or in connection with

	(a) the demolition construction alteration or repair of buildings
	(b) work on the exterior of a building in excess of 15 metres from ground level
	(c) work on the interior of a building in excess of 15 metres above floor level
	(d) work involving the use of scaffolding other than mobile scaffold towers

2. assumed under contract or agreement which would not otherwise have attached

3. for Bodily Injury to an Employee while such Employee is Offshore

4. arising from any judgement award or settlement made within countries states or territories which operate under the laws of the United States of America or Canada or from any order made anywhere in the world to enforce such judgement award or settlement either in whole or in part

5. compulsorily insurable in accordance with any Road Traffic Act(s) or amending legislation

6. for any fines penalties punitive or exemplary damages

Sub Section Conditions

1. Special Waiver Clause

The Company agrees not to exercise the right to avoid this Sub Section where it is alleged that there has been non-disclosure or misrepresentation by the Insured at inception or at any subsequent renewal

Provided that

	(a) the Insured shall establish to the satisfaction of the Company that such alleged non-disclosure or misrepresentation was innocent and free of any fraudulent or dishonest intent or motive
	(b) where such non-disclosure or misrepresentation prejudices the handling or settlement of any claim the amount payable (including costs and expenses) shall be reduced to such sum as would have been payable in the absence of such prejudice

2. The Company’s Rights

In the event of a claim the Company may at any time at its sole discretion pay to the Insured the amount of the Limit of Indemnity (after deduction of any sum or sums already paid) or any lesser amount for which such claim can be settled including any legal costs and expenses incurred to date and shall then relinquish the conduct and control of the claim to the Insured and be under no further liability in respect thereof

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