c)              any surface which has received spillage of human or animal body fluid or has been contacted by human or animal tissue shall be disinfected by the use of one of the following:

Formaldehyde

2% Glutaraldehyde

70% Alcohol

Chlorine releasing agents

Clear soluble phenols

The disinfectant chosen must be effective, compatible with the items processed and, if an irritant substance is used, all traces of the disinfectant must be removed before the instrument is re-used.

d)              The Insured shall ensure that all clinical waste is disposed of by an appropriately qualified waste contractor.

 

EXCLUSIONS

 

Insurers shall not be liable for:

 

1.             any Claim arising from activities not stated in the Proposal Form or from or related to any treatment not notified to and agreed by Insurers or as agreed subsequently with Insurers.

 

2.             any Claim arising out of any Insuring Clause insured hereunder occurring prior to the inception date of this Policy if the Insured on such date knew or could have reasonably foreseen that such occurrence might be expected to be the basis of a Claim.

 

3.             any Claim arising from any circumstance or occurrence which has been notified under any Insurance incepting prior to this Policy.

 

4.             any Claim in respect of which the Insured is entitled to indemnity under any other Insurance except in respect of any excess beyond the amount which would have been payable under such other Insurance had this Policy not been effected.

 

5.             any Claim arising out of a specific liability assumed by the Insured under contract which goes beyond the duty to use such skill and care as is usual in the exercise of the Insured’s activities stated in the proposal form unless Insurers’ agreement has first been obtained and an endorsement made upon this Policy and such other terms and conditions as may be imposed be accepted.

 

6.             any Claim arising out of the failure of any product (or any part thereof) to fulfil the purpose for which it was designed, or to perform as specified, warranted or guaranteed except as may be covered under Insuring Clause C of this Policy.

 

7.             any Claim made against a director or an employee of the Insured, serving in a managerial or executive capacity, which shall be defined as an “Officer”, by any third party arising solely and directly from a breach of any duty as an Officer.

 

8.             any Claim by any person for bodily injury, mental injury, disease or death incurred contracted or occurring while under a contract of service or apprenticeship with the Insured, or for any breach of any obligation owed by the Insured as an employer to any employee, or any Claim in respect of which compensation is available under any Workers’ Compensation scheme or plan.    However, this exclusion shall not apply to any Claim arising out of any bodily injury, mental injury or death of an employee which is caused by any negligent act, error or omission of an Insured, where the employee is a patient of the Insured.

 

9.             any Claim directly or indirectly caused by or contributed to by:

 

                a)            any act in violation of any law or ordinance.

 

                b)            any dishonest, fraudulent or criminal act of the Insured and/or any employee of the Insured.

 

                c)            the performance of professional services whilst under the influence of intoxicants or narcotics.

 

10.          any Claim directly or indirectly caused by, or contributed to by, or arising from ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or from the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

 

11.          any claim or costs or expenses arising directly or indirectly out of War Risks or Terrorism

 

For the purposes of this exclusion:

 

a)            Terrorism means an act of any person acting on behalf of or in connection with any individual or organisation which carries out activities directed towards the overthrowing or influencing by force or violence of Her Majesty’s government in the United Kingdom or any government de jure or de facto

 

b)            War Risks means war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power

 

12.          any Claim arising from the ownership, possession or use by or on behalf of the Insured of any motor vehicle or trailer for which compulsory Insurance is required by law, other than Claims arising from any motor vehicle or trailer temporarily in the Insured’s custody or control for the purpose of parking.

 

13.          any Claim arising from the ownership, possession or use by or on behalf of the Insured of any aircraft, watercraft or hovercraft, other than Malpractice and or Professional Liability arising from the emergency transportation of any patient accompanied by the Insured.

 

14.          any Claim arising from damage to property owned leased or hired or under hire purchase or on loan to the Insured or otherwise in the Insured’s care, custody, or control except clothing or personal effects.

 

15.          any Claim arising from:

 

                a)            personal injury or bodily injury or loss of or damage to, or loss of the use of property directly or indirectly caused by seepage, subsidence, pollution or contamination.

 

               b)             the cost of removing nullifying or cleaning-up seeping polluting or contamination substances.

 

16.          any fines or penalties.

17.          the Excess stated in the Schedule or Certificate.

18.          any Claim or liability arising from Hepatitis or any condition directly or indirectly caused by or associated with Human T-Cell Lymphotropic Virus type III (HTLV III) or Lymphadenopathy Associated Virus (LAV) or the Mutants derivatives or variations thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of a similar kind however it may be named.

19.          claims costs or expenses arising from contracts subject to the Laws of the United States of America and/or Australia

 

20.          liability in respect of any action for damages brought against the Insured in a Court of Law outside the United Kingdom Northern Ireland The Irish Republic Channel Islands and Isle of Man

21.          any Claim arising from or related to semi permanent and/or permanent make-up and/or hairdressing.

22.                any Claim arising from or related to any beauty treatment (including piercing or tattooing) on a minor.  For the purpose of this exclusion 'minor' shall mean to be any person under the age of 18 years.  However, this exclusion shall not apply to the provision of complementary therapies to a minor subject to the Parent/s or Guardian/s consent being obtained and being present at all times whilst such therapy/ies are being administered.

23.                Claim arising out of any treatment allegedly causing, aggravation or otherwise in connection with cancer. 24.          any Claim arising out of any treatment which involves clinical procedures, i.e. the breaking of the skin. 25.          any Claim arising out of treatment of the eyes.

26.          liability arising directly or indirectly from

a)       the mining processing manufacturing use testing ownership sale or removal of asbestos asbestos fibres or material containing asbestos; or

b)     exposure to asbestos asbestos fibres or materials containing asbestos; or

c)       the provision of instructions recommendations notices warnings supervision or advice given or which should have been given in connection with asbestos asbestos fibres or structures or materials containing asbestos

 

27.          liability arising directly or indirectly from an act or the threat of an act by any person or group of persons whether acting alone or on behalf of or in connection with any organisation or government that:

a)                   is committed for political religious ideological or similar purposes; and

b)                   is intended to influence any government or to put the public or any section of the public in fear; and

c)                   i)       involves violence against one or more persons; or

ii)      involves damage to property; or

iii)     endangers life other than that of the person committing action; or

iv)     creates a risk to health or safety of the public or a section of the public; or

v)      is designed to interfere with or to disrupt an electronic system

 

28.          any Claim costs  expenses or liability arising out of rights under the Contract (Rights Of Third Parties) Act 1999 of any person or company who is not a party to this Policy to enforce any term of the Policy other than any  rights or remedy of a third party which exists or is available apart from this Act

 

CONDITIONS

 

It is a condition precedent to the right of the Insured to be defended or indemnified under this Insurance that:

1.             a)            The statements and particulars contained in the Proposal attached hereto are true; and

 

                b)            During the Period of this Insurance the Insured shall give immediate notice in writing to the Insurers Agent of any alteration which materially affects the risk; and

 

2.             During the Period of Insurance the Insured shall give immediate notice in writing of:

a)             any Claim for Malpractice or alleged Malpractice, or

 

b)             any Claim for Professional Liability or alleged Professional Liability, or

 

c)            any Claim for Public Liability or alleged Public Liability, or

 

d)            any Claim for Products Liability or alleged Products Liability, or

 

e)            the receipt of notice from any person of an intention to hold the Insured responsible for any Malpractice, Professional Liability, Public Liability, or Products Liability.

 

f)             any conduct or circumstance which is likely to give rise to a Claim for Malpractice, Professional Liability Public Liability or Products Liability being made against the Insured;

 

                to the Insurers Agent.

 

3.             The Insured at all times shall:

                a)            maintain accurate descriptive records of all professional services and equipment used in procedures which shall be available for inspection and use by Insurers or their duly appointed representatives insofar as they pertain to any Claim hereunder; and

                b)            retain the records referred to in 4(a) above for a period of at least seven (7) years from the date of treatment and, in the case of a minor, for a period of at least (7) years after that minor would attain majority; and

                c)            give to the Insurers or their duly appointed representatives such information, assistance, signed statements or depositions as Insurers may require; and

                d)            assist in the defence of any Claim without charge to the Insurers

 

4.             The Insured shall ensure that all food handlers are required to notify their managers of any abdominal pain, vomiting, diarrhoea or septic skin lesions which could indicate the presence of typhoid para-typhoid or any other salmonella or amoebic, or bacillary dysentery or any other staphylococcal infection.

 

5.             The Insured shall not disclose to any person the terms of this Policy. Furthermore no liability shall be admitted, no arrangement, offer, promise, or payment, cost or expense shall be made by the Insured without the written consent of the Insurers.    Insurers shall be entitled to take control of the defence of any Claim or to prosecute in the name of the Insured for their own benefit any Claim for indemnity or damage or otherwise against any third party and shall have full discretion in the conduct of any negotiations or proceedings on the settlement of any Claim; the Insurers will not settle any Claims without the consent of the Insured.   However, if the Insured refuses to consent to any settlement recommended by the Insurers or their legal representatives and elects to contest or continue any legal proceedings then the liability of the Insurers’ shall not exceed the amount for which the Claim could have been so settled plus the costs and expenses incurred with their consent up to the date of such refusal, and the Insured agrees to indemnify Insurers for the amount of any judgement, award, settlement, costs and expenses which Insurers are found obligated to pay after the date of such  refusal;

 

6.             If a payment is made to dispose of a Claim, which exceeds the Limit of Indemnity available under this Policy, Insurers’ liability in respect of the costs and expenses of the Insured shall be for such proportion of the total costs and expenses incurred as the Limit of Indemnity under this Policy bears to the total amount paid to dispose of the Claim against the Insured;

 

7.             Insurers may cancel this Insurance by giving fifteen (15) calendar days notice such notice shall be given in writing and may be served by registered mail, telex or facsimile transmission, or be hand delivered to the address of the Insured.   Any notice sent by registered mail shall be deemed to have been served seven (7) calendar days after dispatch and any notice sent by telex or facsimile shall be deemed to have been served at the time of dispatch.  If this Insurance is so cancelled the Insurers shall retain only the earned portion of the premium computed from day to day.

 

GENERAL POLICY MEMORANDA

 

                Territorial Limits

 

1.             The Territorial Limits of this Policy are Worldwide excluding the United States of America or Canada.

 

                Products

 

2.             It is noted and agreed that the insurance by this Policy extends to include:-

 

                a)    Cover for practitioners who are not qualified to mix and blend products but use in the course of treatments, proprietary branded base oils and/or talcum powder and/or creams and/or wipes provided such products are used in accordance with the Manufacturers instructions.

 

                b)    Cover for practitioners who are employed under a contract which requires them to carry their own insurance.   However any such insurance excludes Claims made by the employer against the person named in the Schedule or Certificate attaching hereto unless a third party has instigated proceedings against the employer.

               

               

3.             Cross Liability Clause

 

                If more than one person is included as the Insured the Insurers will provide indemnity to each person in the same manner and to the same extent as if a separate Policy had been issued to each of them.  

               

                This Clause shall not increase the liability of the Insurers to pay any amount exceeding the Limit of Indemnity specified in the Schedule or Certificate to this Policy.

 

 

4.             Damage to Leased Hired or Rented Premises.

 

                Notwithstanding anything contained herein and subject to the Terms, Exceptions, Conditions and Endorsements of this Policy the Insurers will indemnify the Insured against legal liability for loss of or damage to premises (including fixtures and fittings) leased, rented or hired to the Insured.

 

                Provided that the indemnity shall not apply in respect of

 

                a)    any liability assumed under contract or agreement which would not have attached in the absence of such contract or agreement

 

                b)    the first £100 of loss of or damage to the premises caused other than by fire or explosion.

 

 

5.             Health and Safety at Work Etc. Act 1974 Defence Costs*

 

                The Insurers will in addition to the indemnity granted by this Policy pay the legal costs and other expenses incurred with the Insurers written consent in:

 

                a)    the defence of any criminal proceedings, or

 

                b)    an appeal against conviction

 

                brought against the Insured in respect of a breach of the Health and Safety at Work Etc. Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978.

 

                Provided that:

 

                a)    the proceedings relate to an offence alleged to have been committed during the Period of Insurance and in connection with the Business

 

                b)    the liability of the Insurers in any one Period of Insurance shall not exceed £10,000 in respect of the Insured or each director, partner or employee of the Insured prosecuted

 

                c)    the indemnity granted does not:

 

                        i)          provide for the payment of fines or penalties

 

                        ii)         apply to prosecutions which arise out of any activity or risk excluded by this Policy/Policy or any deliberate act or omission by the Insured or any director or partner of the Insured

 

iii)            apply if the Insured is entitled to indemnity from any other source

 

d)      the Insured director partner or employee shall be subject to the terms, exceptions, conditions and endorsements of this Policy.

 

 

 

 

6.             Part II of the Consumer Protection Act 1987*

 

                The indemnity granted by this Policy shall apply to any legal liability incurred by the Insured by virtue of Part II of the Consumer Protection Act 1987.

 

 

7.             Defective Premises Act 1972*

 

                The Indemnity granted by this Policy shall apply to any legal liability incurred by the Insured by virtue of Section 3 of the Defective Premises Act 1972 or similar legislation in Scotland, Northern Ireland the Channel Islands or the Isle of Man in respect of any premises which have been disposed of by the Insured in connection with the Business.

 

                Provided that the Insurers shall not be liable:

 

                a)    for the cost of remedying any defect or alleged defect in the premises

 

                b)    if the Insured is entitled to indemnity from any other source

 

                c)    for any liability assumed by the Insured under contract or agreement which would not have attached in the absence of such contract or agreement

 

 

8.             Teaching/Tuition

 

This Policy is extended to indemnify the Insured for legal liability incurred in respect of teaching, provided as an individual tutor.  Excluding any liability arising from the management and control of a Training Establishment, Clinic or College unless specifically agreed with Insurers and the appropriate premium paid.

 

 

                * Not applicable to the Republic of Ireland