Sub Section 5A - Professional Indemnity
Sub Section Definitions
For the purposes of this Sub Section the following Definitions apply
1. Loss means
| (a) damages awarded against the Insured | |
| (b) Law Costs |
2. Wrongful Act means
any actual or alleged
| (a) breach of duty arising from any negligent act error or omission | |
| (b) breach of warranty of trust or of confidentiality | |
| (c) libel or slander committed in good faith | |
| (d) infringement of copyright patent trademark or design rights committed in good faith |
3. Retroactive Date means
the date on which the Insured first effected Indemnity to Management cover with the Company
Sub Section Insuring Clause (what is insured)
The Company will indemnify the Insured in respect of legal liability for Loss arising from any claim or claims made against the Insured by reason of any Wrongful Act by the Insured in connection with a School Related Activity
Provided that
| (a) this Sub Section will only provide indemnity in respect of claims |
| (i) first made against the Insured during the Period of Insurance and | ||
| (ii) reported to the Company during the Period of Insurance in accordance with General Condition 6(a) and | ||
| (iii) resulting from a Wrongful Act committed during the Period of Insurance or prior to the Period of Insurance but subsequent to the Retroactive Date |
| (b) the total aggregate liability of the Company in respect of all Loss arising out of all claims during the Period of Insurance shall not exceed the Limit of Indemnity stated below | |
| (c) all claims which are the subject of or attributable to the same Wrongful Act or to a series of Wrongful Acts (which expression shall include multiple Wrongful Acts committed against the same person) shall be treated as a single claim and shall be deemed to have been committed on the date such first Wrongful Act occurred | |
| (d) all claims arising from a Wrongful Act or a series of Wrongful Acts consequent or attributable to one source or original source shall be deemed to be one claim and be considered first made during the Period of Insurance in which the earliest such claim was first made and the Limit of Indemnity in effect at that time shall prevail | |
| (e) any claim arising as a consequence of any Wrongful Act which has been notified to the Company in compliance with General Condition 6(a) shall be deemed to have been first made on the date on which the conduct or circumstance was so notified to the Company | |
| (f) regardless of the number of succeeding policies of a like nature issued by the Company the liability of the Company shall not be cumulative in amounts from one Period of Insurance to another Period of Insurance | |
| (g) the Company will not be liable for any claim or claims arising from any Wrongful Act of which the Insured had actual knowledge prior to the inception of this Policy or for any claim or claims notified to a previous insurer or which should have been notified under the terms and conditions of a policy issued by a previous insurer |
Limit of Indemnity – €6,500,000 any one Period of Insurance
Sub Section Exclusions (what is not insured)
This Sub Section does not cover
| 1. Indemnity to any person committing participating in condoning instigating or knowingly allowing |
| (a) any intentional dishonest fraudulent criminal or malicious act or omission | ||
| (b) any actual or attempted conduct or contact of a sexual nature including but not limited to conduct or contact involving sexual gratification discrimination coercion harassment or pressure of any kind |
| 2. Indemnity to the Insured in respect of liability of the Insured arising out of any act omission conduct or contact described in 1. (a) & (b) above committed by any person after |
| (a) the Insured had actual knowledge that or had reasonable grounds for believing that such person had been involved in any such act omission conduct or contact | ||
| (b) failure by the Insured to fully investigate and / or act upon any allegation that such person had been involved in any such act omission conduct or contact |
| 3. Any claim arising out of a Wrongful Act committed prior to the Retroactive Date | |
| 4. Liability arising directly or indirectly out of or in connection with |
| (a) any claim where cover is more specifically provided (or would have been provided but for the application of a proviso Condition or Exclusion thereunder) under Section 4 – General Liability Sub Section 5B – Trustees Directors and Officers Liability Sub Section 5C – Employment Practices Liability or Section 6 – Legal Expenses | ||
| (b) any medical advice or treatment (other than first aid medical treatment) trials involving drugs or testing of human samples | ||
| (c) any liability assumed by the Insured under any contract or agreement which would not otherwise have attached | ||
| (d) advice design or specification which to the knowledge of the Insured will be incorporated in any mechanically propelled vehicle aircraft aerial or aerospace device or satellite | ||
| (e) the ownership possession or use by or on behalf of the Insured of any aircraft watercraft vessel or mechanically propelled vehicle | ||
| (f) Pollution or Contamination unless caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific place and time during the Period of Insurance |
Provided that all Pollution or Contamination which arises out of such incident shall be deemed to have occurred at the time such incident takes place
| 5. Any liability 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 | |
| 6. Any liability arising from any actual or alleged breach of duty arising from any negligent act error or omission on the part of any Trustee director or officer which arises solely by reason of the conduct of their duties as a Trustee director or officer of the School | |
| 7. Any claim arising from or related to any infringement of patent copyright trade mark or design rights not committed in good faith | |
| 8. Any claim arising from a breach of secrecy and / or confidentiality agreements relating to intellectual property | |
| 9. Any claim arising from any breach of any obligation owed by the Insured as employer to any Employee | |
| 10. Any claim alleging wrongful suspension or expulsion of or refusal to enrol any student except where such suspension expulsion or refusal to enrol occurs after the Insured has sought and followed established procedures and the advice of a solicitor well versed in the law and regulations relating to such actions | |
| 11. The first €300 of each and every claim | |
| 12. Fines penalties punitive or exemplary damages | |
| 13. Any claim directly or indirectly caused by arising from in consequence of or in any way involving asbestos But this Exclusion shall not apply to Bodily Injury or loss of or damage to material property caused by any commodity article or thing containing asbestos where the presence of asbestos is not in itself a direct or indirect cause of such Bodily Injury or loss of or damage to material property |
SEE ALSO GENERAL EXCLUSIONS AND GENERAL CONDITIONS
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. Senior Counsel Clause
The Insured shall give all such assistance as the Company may require but shall not be required to contest any legal proceedings unless a senior counsel to be mutually agreed upon between the Company and the Insured shall advise that such proceedings could be contested with the probability of success
