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Protection
Basil Fry Customers’ Goods Liability Policy Wording
CONTRACTUAL AND LEGAL LIABILITY
This policy indemnifies the Insured for:
a)
Any contractual liability which the Insured is responsible for under their Trading Conditions arising out of loss, destruction, or damage to customers’ property whilst in the Insured’s care, custody, and control;
b)
Any legal liability of the Insured that is governed by international convention, statute, and common law, including, but not limited to, instances where the Trading Conditions are set aside by an unappealable order of a court or arbitration, arising out of their normal business activities following loss, destruction, or damage to customers’ property whilst in the Insured’s care, custody, and control; and
c)
loss or damage to customers’ property (whilst in the Insured’s care, custody, and control) resulting from or in consequence of:
i.
accidental damage or loss caused by the Insured or their agent; fire; lightning; explosion; earthquake; storm; theft accompanied by forcible or violent entry or exit to the conveying vehicle, trailer, storage container or storage unit; moth, insect or vermin damage when caused by a source external to the affected customer’s own container or unit; strikes, riots and civil commotion; water or liquid ingress to the affected customer’s container or unit; burst pipes; flood; dropping of a container; vehicular impact or overturning; accidental damage or loss caused by impact to or sinking of the conveying vessel or aircraft; general average sacrifice and/or jettison irrespective of whether such losses are deemed to have resulted from the Insured’s negligence or other breach of legal duty in respect of customers’ property.
ii.
When goods are professionally packed by the Insured or their agent: as per i) above and including breaking, scratching, denting, chipping, staining, or tearing as a result of inadequate packaging and loss.
Excluding absolutely any claims or events resulting from the Insured’s fraudulent, criminal, wilful, or malicious acts or omissions.
Operative Clause:
i) In transit:
This insurance is only to pay for loss or damage that occurs during the currency of this insurance. Where the cause of loss and/or occurrence date cannot be identified, this insurance is only to pay for loss or damage where the removal/transit commenced during this period of insurance.
ii) In storage:
To cover the Insured’s liability for loss, destruction or damage to customers’ property where first discovered during the period of insurance.
Duration of Cover:
i)
All Covers EXCEPT Self Storage:
In accordance with the terms of the contract between the Insured and the customer, cover incepts from the time the customers’ property is in the care, custody, and control of the Insured and continues until such property is delivered to the consigned location and/or where the Insured’s care, custody and control ceases. Cover includes packing and/or unpacking and transit between any address and/or depository, store, or warehouse and/or cleaner and/or repairer and/or restorer, subject to this being carried out by the Insured or their agent and in accordance with the terms of the contract between the Insured and the customer.
ii) Self Storage (where applicable):
In accordance with the terms of the contract between the Insured and the customer, cover incepts from the time the customers’ property is placed into storage and ceases upon removal from storage. No coverage applies during loading and unloading or during transit unless this is carried out by the Insured.
Conditions
Basis of Settlement:
Subject to the Trading Conditions agreed with the customer, liability for any claim shall be by replacement, repair, compensation or the agreed maximum liability per item if a declaration of value is not provided.
In the event of the total loss or destruction of any item, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new. This basis of settlement does not apply to:
•
household linen and clothing, motorcars, motorbikes, boats, caravans, motorhomes and any other motorised vehicle, where the basis of settlement allows for the age, quality, degree of use, existing damage and consequent market value; and
•
any items which cannot be purchased new (such as antiques or works of art, for example), where the basis of settlement shall be the current market value.
In respect of Archive Storage and documents, the basis of settlement shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents.
EXTENSIONS
A.
ERRORS AND OMISSIONS
This extension shall cover the Insured's legal liability in relation to customers’ property and/or trailers, containers and similar transport equipment arising out of their normal business activities following extraordinary negligent acts, errors, and omissions, and resulting in the Insured failing partly or totally to fulfil their contractual obligations, including, but not limited to:
•
Mis-delivery of goods; and
•
Disposal of goods.
Losses falling under this extension are:
•
Subject to the General Exclusions of the policy. The Insurers shall only be liable for the amount by which any claim exceeds the sum stated as the excess and only up to the limit as provided for within this extension; and
•
Recoverable hereunder, only if discovered during the period of the policy and the claim is advised in writing not later than three months after expiry.
Excluding:
•
Any claim howsoever arising relating to the incorrect calculation of charges or fees by the Insured, whether invoiced or quoted.
•
Any claim where the Insured has failed to use all reasonable endeavours to comply with industry-standard practices and procedures related to contractual lien, where applicable;
•
Consequential loss and/or delay except where otherwise provided for in the policy;
•
Fines or penalties imposed by the authorities of any country, including but not limited to, those imposed following any breach of sanctions.
•
Any claim howsoever arising relating to the breach of or failure to comply with Financial Conduct Authority (FCA) or similar concerning but not limited to the sale of insurance or the administration thereof whether or not the Insured is regulated (in whatever capacity) or unregulated by the FCA.
•
Excluding absolutely any claims or events resulting from the Insured’s fraudulent, criminal, wilful, or malicious acts or omissions.
•
Losses otherwise covered under another section of this policy.
Subject to a maximum of GBP 50,000 any one loss and in the aggregate for the policy period and an excess of GBP 500 any one loss. In addition to the policy limits as stated in the Schedule.
B.
ADDITIONAL COSTS
Any additional costs (including the cost of removing debris following a claim covered herein) and/or expenses necessarily and reasonably incurred by the Insured in consequence of or in order to prevent or reasonably attempt to prevent or minimise a loss or losses, which would be recoverable under this policy. Excluding absolutely any expenses incurred as a consequence of or to prevent or to mitigate pollution or contamination, or any threat thereof.
The maximum amount payable under this extension is limited to the lesser of the amount that would have been recoverable had no such action been taken or 10% of the sum of the relevant limit as stated in the Schedule but in any event not exceeding GBP 250,000 any one loss.
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C.
LEGAL COSTS AND EXPENSES
The Insurers agree to pay for legal costs and expenses incurred by the Insured with Insurers’ prior written consent and which arise out of any claim made against the Insured in respect of their contractual liability, or alleged legal liability, for physical loss of or damage to customers’ property.
Cover provided under this extension shall be subject to a limit of 10% of the sum of the relevant limit as stated in the Schedule up to a maximum of GBP 250,000 any one loss or series of losses arising out of any one event.
D.
INSURED’S OWN GOODS (EQUIPMENT/PACKING MATERIALS)
Cover is provided under this extension for: sheets, ropes, blankets, cartons, packing materials, wooden containers, dunnage, securing chains, and other property reasonably used by the Insured to undertake their normal business activities, the property of the Insured and/or hired, leased or loaned to the Insured. Cover is limited to the replacement value, allowing for age, condition, and degree of use, at the time of loss.
In Transit: Cover is provided hereunder for any claim caused by physical loss of and/or damage but always excluding wear, tear, gradual deterioration, moth, mildew or vermin. Subject to both a limit of GBP 5,000 any one claim (unless a higher limit has been agreed by the Insurers) and a GBP 50 deductible in addition to any other excess applicable under this policy.
In Storage: Cover is provided hereunder for physical loss of and/or damage caused by the following named perils: fire, lightning, explosion, earthquake, storm, flood, burst pipes, water ingress, theft accompanied by forcible or violent entry or exit, riot, strike, civil commotion, malicious damage, impact by vehicle or aircraft and damage caused by dropping of a container. Subject to the Own Goods limit stated in the Storage Location Schedule (where applicable) any one claim and a GBP 50 deductible in addition to any other excess applicable under this policy.
E.
TRAILERS, CONTAINERS AND SIMILAR TRANSPORT EQUIPMENT
Any claim caused by damage to trailers, containers and similar transport equipment used for the carriage of goods where such containers and/or trailers and/or similar transport equipment are not owned, hired, loaned or leased and such loss or damage occurs in the care, custody and control of the Insured.
The Insurers’ liability in respect of loss or damage as described above shall be limited to the replacement cost taking into account age, condition, and degree of use, and shall not exceed GBP 25,000 any one loss/incident. The Insured will be responsible for the first GBP 250 of each and every claim in addition to any other excess applicable under this policy.
F.
THIRD PARTY PROPERTY
Loss, damage, or destruction to premises or fixtures and fittings the Insured owns or for which they are legally responsible as tenants as a result of theft or any attempt thereat of the contents of the premises involving forcible entry. The Insurers’ liability in respect of such loss, damage, or destruction shall be limited to GBP 5,000 any one loss.
G.
DRIVERS’ PERSONAL EFFECTS
To cover all risks of physical loss or damage to drivers’, porters’ and attendants’ personal effects, sustained on or about, or in connection with the vehicle in the course of their employment with the Insured but excluding cash, credit cards, cheques, currency, precious stones, precious metals, jewellery, watches, cameras, digital camera memory cards, mobile phones, tablet computers, (including iPads), e-readers and other similar electronic devices. The Insurers’ liability in respect of loss or damage as described above will be limited to the replacement value at the time of loss and shall not exceed GBP 500 in the aggregate during any one period of insurance with a maximum of GBP 100 any one article and a GBP 50 deductible in addition to any other excess applicable under this policy.
H.
UNWITTING CMR
The indemnity granted under this policy extends to include the Insured’s legal liability for loss, damage,
or delay to goods under CMR unwittingly incurred, subject to a limit of indemnity any one occurrence of GBP 350,000.
I.
DEEP SEA EXTENSION
IN RESPECT OF REMOVALS ONLY.
This extension shall only apply:
i.
Where the Insured has only been contracted to export pack the goods for transit; or
ii.
To customer contracts agreed on a limited or restricted liability basis, as defined in the Insured’s Trading Conditions, not exceeding £50 per item and only in the event of negligence.
Where the Insured enters into contracts on the basis described above, the Territorial Limits are amended to read as follows:
Worldwide, but shipments to, from, or between the following countries/regions are subject to prior approval by the Insurers:
Afghanistan, Angola, Armenia, Azerbaijan, Belarus, Bougainville, Bosnia-Herzegovina, Burma/Myanmar, Burundi, Cambodia, Chechnya Republic of, Congo (Brazzaville), Congo (Democratic Republic), Cote d’Ivoire, Crimea, Cuba, Eritrea, Former States of USSR, Gambia, Iran, Iraq, Israel, Korea DPR (North), Kyrgyzstan, Lebanon, Liberia, Libya, Moldova, Nigeria, Palestine Territories, Russia, Rwanda, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Venezuela, Yemen, Zimbabwe
OBSERVANCE CONDITIONS
1)
DUTY OF INSURED
It is a condition precedent to indemnification under this insurance that:
i.
The Insured makes a full declaration of all current Trading Conditions at inception of the policy period;
ii.
Throughout the policy period, the Insured shall continuously trade in accordance with the Trading Conditions notified to and approved by the Insurers in writing;
iii.
The Insured shall take all reasonable and practicable steps to ensure that their Trading Conditions are incorporated in all customer contracts. Reasonable steps are considered by the Insurers to include, without limitation:
-
the Insured provides their customer with a full copy of their Trading Conditions; and
-
the Insured endeavours to obtain written agreement from the customer to confirm that they have received, read, understood, and accepted the Trading Conditions prior to the contract commencing and retain written records thereof.
If a claim arises in respect of a contract into which the Insured has entered but failed to incorporate the Trading Conditions seen and agreed by the Insurers, the Insured's right to be indemnified under this policy in respect of such a claim shall not be prejudiced, providing that the Insured has taken all reasonable and practicable steps to incorporate the agreed Trading Conditions;
iv.
The Insured shall at no time deliberately and/or knowingly and/or recklessly furnish incorrect information either verbally or on any documentation issued or completed in performance of the Insured’s business including without limitation any documents containing or evidencing a contract, of carriage or otherwise, and/or any customs documents and/or shipping documents;
v.
The Insured shall at all times act with due diligence.
The policy is subject to and incorporates the provisions of the Insurance Act 2015 and any modification thereof, unless such modification has been excluded under the policy, and the policy includes LMA5264, which appears as a separate clause herein and is incorporated by reference.
2)
CO-OPERATION CLAUSE
The Insured shall, at the request and expense of the Insurers, co-operate in all reasonable and necessary steps required by the Insurers.
3)
SUB-CONTRACTORS AND/OR SUCCESSIVE CARRIERS
(i) The Insured shall take all reasonable steps to ascertain that all parties with whom they contract maintain sufficient and reasonable levels of insurance and where appropriate shall request proof of insurance; and (ii) The benefit of this policy shall in no circumstances whatsoever pass to sub-contractors and/or successive carriers.
4)
NOTIFICATION OF CLAIMS
It is a condition precedent to indemnification under this insurance that:
i.
Where the Insured becomes aware of any matter or incident which may result in a claim under this policy, notification must be given to the Insurers, or their agent, as soon as reasonably possible;
ii.
the Insured shall not admit liability for, or settle any claim, or incur any costs or expenses in connection therewith, without the written consent of Insurers, who shall be entitled to take over and conduct the defence or settlement of any claim in the name of the Insured; and
iii.
the Insured shall give to the Insurers, or their agent, immediate notice in writing of the receipt of notice from any person of any intention to hold the Insured responsible for the results of any breach of professional duty in connection with the Insured’s normal Business Activities as defined and covered by this policy and shall in either case upon request give to the Insurers such information as the Insurers may reasonably require. This duty continues after the expiry of the policy period.
In the event of an incident taking place that could give rise to a claim:
i.
The Insured should take all reasonable endeavours to hold all subcontractors responsible in writing for the incident and report the matter to the Insurers.
ii.
The Insured should also take all reasonable steps to mitigate the loss.
iii.
The Insured should take all reasonable endeavours to provide all relevant documentation and documentation or information that is requested by the Insurers, including but not limited to, the following:
-
All transit documentation
-
Commercial invoices, purchase receipts and/or documents to evidence the current market value (as applicable)
-
Packing list, where one is issued
-
Quantified statement of claim
-
Correspondence in which all subcontractors are held responsible and their response (if applicable)
-
Completed claim form
-
Photographs of alleged damage (where applicable)
-
All correspondence received from or exchanged with the customer or other party.
The effect of a breach of a condition precedent is that the Insurers are entitled to avoid the claim in its entirety.
GENERAL CONDITIONS
1)
CANCELLATION CLAUSE
This insurance may be cancelled at any time by either party giving 30 days’ notice in writing via email or by pre-paid letter post properly addressed to the last known address of either the Insured or the Insurers as applicable. Subject to no claims having been made during the period of insurance, the Insurers at their discretion shall receive and retain pro-rata or earned premium whichever is the greater. The provisions of this clause are without prejudice to the Insurers’ rights of cancellation in the clause headed “Premium Payment Clause” in these conditions.
2)
COSTS AND EXPENSES CONTRIBUTION
If a payment in excess of the amount of indemnity available under this policy has to be made by Insurers to settle a claim, the Insurers’ liability for the costs and expenses incurred shall be proportional to the amount of indemnity available under this policy.
3)
ENFORCING RIGHTS AND REMEDIES
The Insured shall at the request and at the expense of the Insurers do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurers for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Insurers shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this insurance, whether such acts and things shall be or become necessary or required before or after his indemnification by the Insurers.
4)
FRAUDULENT CLAIMS
Please refer to the Fraudulent Claims Clause within condition 9) Insurance Act 2015 - Application clause (“Wraparound Clause”).
5)
GENERAL AVERAGE
The Insured's liability for their proportion of General Average and/or Salvage:
i) arising solely from the breach by the Insured of their contract of carriage with the customer or
ii) where the Insured is obliged by agreement with the customer or otherwise to pay such proportion in respect of cargo, trailers and/or containers (excluding those owned, hired or leased by the Insured).
Insurers will at the request of the Insured sign and issue General Average Guarantees or Salvage Bonds for all groupage cargo shipped by the Insured and the Insured will as soon as possible thereafter use their best endeavours to secure Guarantees or Bonds from each individual customer or their respective Marine Insurers.
In the event that the Insured or Insurers fail to secure Guarantees or Bonds or the payment of any subsequent Contribution or Adjustments from the individual customers or their respective Marine Insurers, Insurers will pay such sums accordingly.
6)
INSURANCE ACT 2015 - APPLICATION CLAUSE (“WRAPAROUND CLAUSE”)
General
1)
Unless otherwise indicated, no term of this insurance contract is intended to limit or affect the statutory rights or obligations of any of the parties to this contract under, and/or the effect of, Parts 2, 3, 4 or 5 of the Insurance Act 2015 (the “2015 Act”).
2)
Any term of this insurance contract which would, but for this clause, put the Insured in a worse position as respects any of the matters provided for in Parts 2, 3 or 4 of the 2015 Act than it would be in by virtue of the provisions of those Parts is, to that extent, of no effect, unless the Insurer has complied with the transparency requirements in Section 17 of the 2015 Act.
3)
The Insured should ask the Insurer or its broker for clarification of any matters which are not clear to it regarding the scope of disclosure required or the provisions of this insurance contract.
The duty of fair presentation
4)
Before this insurance contract is entered into, the Insured must make a fair presentation of the risk to the Insurer, in accordance with Section 3 of the Insurance Act 2015. In summary, the Insured must:
a.
Disclose to the Insurer every material circumstance which the Insured knows or ought to know. Failing that, the Insured must give the Insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries in order to reveal material circumstances. A matter is material if it would influence the judgement of a prudent insurer as to whether to accept the risk, or the terms of the insurance (including premium); and
b.
Make the disclosure in clause (4)(a) above in a reasonably clear and accessible way; and
c.
Ensure that every material representation of fact is substantially correct, and that every material representation of expectation or belief is made in good faith.
5)
For the purposes of clause (4)(a) above, the Insured is expected to know the following:
a.
If the Insured is an individual, what is known to the individual and anybody who is responsible for arranging his or her insurance.
b.
If the Insured is not an individual, what is known to anybody who is part of the Insured’s senior management; or anybody who is responsible for arranging the Insured’s insurance.
c.
Whether the Insured is an individual or not, what should reasonably have been revealed by a reasonable search of information available to the Insured. The information may be held within the Insured’s organisation, or by any third party (including but not limited to the broker, subsidiaries, affiliates or any other person who will be covered under the insurance). If the Insured is insuring subsidiaries, affiliates or other parties, the Insurer expects that the Insured will have included them in its enquiries, and that the Insured will inform the Insurer if it has not done so. The reasonable search may be conducted by making enquiries or by any other means.
Critical information
6)
It is a condition precedent to the Insurer’s liability under this insurance contract that the material facts detailed under the Critical Information section of the policy are true and accurate at the time of inception of the contract.
Breach of warranty: suspensory
7)
If the Insured breaches a warranty in this insurance contract, the Insurer’s liability under the contract shall be suspended from the time of the breach until the time when the breach is remedied (if it is capable of being remedied). The Insurer will have no liability to the Insured for any loss which occurs, or which is attributable to something happening, during the period when the Insurer’s liability is suspended.
Terms not relevant to the actual loss
8)
Where: (i) there has been a failure to comply with a term (express or implied) of this insurance contract, other than a term that defines the risk as a whole; and (ii) compliance with such term would tend to reduce the risk of loss of a particular kind and/or loss at a particular location and/or loss at a particular time, the Insurer cannot rely on the breach of such term to exclude, limit or discharge its liability if the Insured shows that the failure to comply with such term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred.
Fraudulent claims clause
9)
If the Insured makes a fraudulent claim under this insurance contract, the Insurer:
a.
Is not liable to pay the claim; and
b.
May recover from the Insured any sums paid by the Insurer to the Insured in respect of the claim; and
c.
May by notice to the Insured treat the contract as having been terminated with effect from the time of the fraudulent act.
10)
If the Insurer exercises its right under clause (9)(c) above:
a.
The Insurer shall not be liable to the Insured in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to the Insurer’s liability under the insurance contract (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and,
b.
The Insurer need not return any of the premiums paid.
Fraudulent claims – group insurance
11)
If this insurance contract provides cover for any person who is not a party to the contract (“a covered person”), and a fraudulent claim is made under the contract by or on behalf of a covered person, the Insurer may exercise the rights set out in clause (9) above as if there were an individual insurance contract between the Insurer and the covered person. However, the exercise of any of those rights shall not affect the cover provided under the contract for any other person.
Remedies for breach of the duty of fair presentation
12)
If, prior to entering into this insurance contract, the Insured shall breach the duty of fair presentation, the remedies available to the Insurer are set out below.
a.
If the Insured’s breach of the duty of fair presentation is deliberate or reckless:
i.
The Insurer may avoid the contract, and refuse to pay all claims; and,
ii.
The Insurer need not return any of the premiums paid.
b.
If the Insured’s breach of the duty of fair presentation is not deliberate or reckless, the Insurer’s remedy shall depend upon what the Insurer would have done if the Insured had complied with the duty of fair presentation:
i.
If the Insurer would not have entered into the contract at all, the Insurer may avoid the contract and refuse all claims, but must return the premiums paid.
ii.
If the Insurer would have entered into the contract, but on different terms (other than terms relating to the premium), the contract is to be treated as if it had been entered into on those different terms from the outset, if the Insurer so requires.
iii.
In addition, if the Insurer would have entered into the contract, but would have charged a higher premium, the Insurer may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100.
13)
If, prior to entering into a variation to this insurance contract, the Insured shall breach the duty of fair presentation, the remedies available to the Insurer are set out below.
a.
If the Insured’s breach of the duty of fair presentation is deliberate or reckless:
i.
The Insurer may by notice to the Insured treat the contract as having been terminated from the time when the variation was concluded; and,
ii.
The Insurer need not return any of the premiums paid.
b.
If the Insured’s breach of the duty of fair presentation is not deliberate or reckless, the Insurer’s remedy shall depend upon what the Insurer would have done if the Insured had complied with the duty of fair presentation:
i.
If the Insurer would not have agreed to the variation at all, the Insurer may treat the contract as if the variation was never made, but must in that event return any extra premium paid.
ii.
If the Insurer would have agreed to the variation to the contract, but on different terms (other than terms relating to the premium), the variation is to be treated as if it had been entered into on those different terms, if the Insurer so requires.
iii.
If the Insurer would have increased the premium by more than it did or at all, then the Insurer may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100.
iv.
If the Insurer would not have reduced the premium as much as it did or at all, then the Insurer may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
LMA5264 16 March 2016
7)
INSURERS’ RIGHTS
The Insurers shall:
i.
be entitled to, but be under no duty to, take over the defence or settlement of any claim made against the Insured by any party and the Insured shall give all assistance as may be reasonably required by the Insurers.
ii.
retain the rights of subrogation in respect of all claims paid or admitted under the policy and the Insured, at the expense of the Insurers, shall do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurers for the purposes of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which the Insurers shall be or would become entitled. The Insured shall give all assistance as may be reasonably required by the Insurers.
8)
POLICY JURISDICTION CLAUSE
This policy shall be construed according to and governed by the laws of England and Wales, and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
9)
PREMIUM PAYMENT CLAUSE
It is hereby agreed between the Insurers and the Insured that in the event of the Insured, or their agents on whose instructions insurance may have been effected, failing to pay the Insurers (or their authorised agents “Representatives”) the premium or any instalment thereof on the due date, or failing to submit the necessary documentation for an invoice to be raised this policy may be forthwith cancelled by the Insurers (or on their behalf by their Representatives).
The foregoing is subject to the Insurers or their Representatives giving 10 calendar days’ notice in writing to the Insured, or their agents on whose instructions insurance may have been effected or in accordance with the terms and conditions of any letter of undertaking that may be issued in favour of any assignee or mortgagee of this insurance.
Where cancellation occurs due to failure by the Insured (or its agent) to make any payment at all, the insurance shall be void ab initio once the cancellation notice has become effective. If part payment has been made, the insurance may be cancelled on a pro rata basis and the Insurers shall only accept time on risk for the period in respect of which payment has been made.
If cancellation occurs due to failure by the Insured (or its agent) to make any payment at all, claims which would otherwise have been covered by the insurance will be rejected entirely.
10)
PREMIUM AND ADJUSTMENT CLAUSE
The Deposit Premium, where applicable, is payable to the Insurers at inception of the policy and is adjustable on expiry at the agreed rate on the certified gross annual turnover, subject to a minimum premium of 100% of the deposit unless specifically agreed by the Insurers.
Where the Schedule states the Premium is Adjustable, at expiry, the Insured shall provide promptly the information required in order that this policy may be adjusted and shall include but not be limited to income received from various types of business activities and storage declarations, where applicable.
11)
SEVERAL LIABILITY NOTICE
The subscribing Insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing Insurers are not responsible for the subscription of any co-subscribing insurer who, for any reason, does not satisfy all or part of its obligations.
LSW 1001
GENERAL EXCLUSIONS
1)
COMMUNICABLE DISEASE EXCLUSION
i.
Notwithstanding any provision to the contrary within this insurance, this insurance does not cover any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
ii.
As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
a.
the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
b.
the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
c.
the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.
JC2020-011 17 April 2020 (Amended)
2)
CYBER ATTACK EXCLUSION CLAUSE
i.
Subject only to paragraph 3 below, in no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus, computer process or any other electronic system.
ii.
Subject to the conditions, limitations and exclusions of the policy to which this clause attaches, the indemnity otherwise recoverable hereunder shall not be prejudiced by the use or operation of any computer, computer system, computer software programme, computer process or any other electronic system, if such use or operation is not as a means for inflicting harm.
iii.
Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, paragraph 1 shall not operate to exclude losses (which would otherwise be covered) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.
LMA5403 11 November 2019
3)
EXCLUDED GOODS
i.
Insurers shall not be liable for bullion, precious stones and metals, bank notes or coins, currency, cheques, treasury notes, bonds, negotiable instruments or securities of any kind, living creatures, dangerous drugs, manuscripts or other documents or electronically held data records, plants, goods likely to encourage vermin or other pests or to cause infestation or contamination, perishable items and/or those requiring a controlled environment and furs (exceeding GBP 100 in value) unless specifically covered by the policy wording.
ii.
Insurers shall not be liable for weapons and/or arms and/or ammunition and/or explosives and/or parts and/or associated accessories and/or materials and/or ingredients of all kinds.
4)
FINANCIAL CONDUCT AUTHORITY (FCA) OR SIMILAR REGULATIONS
This policy expressly excludes any liability relating to any breach of or failure to comply with FCA regulations or those of a similar regulatory body concerning but not limited to the sale of insurance or the administration thereof whether or not the Insured is regulated (in whatever capacity) or unregulated.
5)
GENERAL EXCLUSIONS
The Insurers shall not be liable for any claims:-
i.
in respect of risks required to be insured in the United Kingdom or otherwise provided for by any vehicle owner under the Road Traffic Act legislation or equivalent or by any employer under the Workmen’s Compensation or Employers Liability Compulsory Insurance legislation, or equivalent;
ii.
brought against the Insured for libel or slander;
iii.
brought against the Insured resulting from the Insured’s fraudulent, criminal, wilful or malicious acts or omission;
iv.
resulting from the insolvency of the Insured;
v.
resulting from the Insured’s inability to pay or collect monies due other than the carriage charges which they may be required to pay or collect on behalf of their principals;
vi.
resulting from loss of life or personal injury to any person or living creature unless specifically covered by the policy wording;
vii.
resulting from the chartering of any vessel or aircraft, whether totally or partially;
viii.
resulting from any award of punitive, exemplary, multiple or liquidated damages;
ix.
from or caused by: mildew, mould, extremes of temperature or other atmospheric conditions, inherent vice, insufficiency of insulation, electrical and/or mechanical derangement unless caused by external means, loss or damage caused by wear, tear, rust or gradual deterioration, shortage in weight, evaporation, consequential loss, loss of market or delay unless specifically covered by the policy wording.
6)
NON-CONTRIBUTION CLAUSE
This insurance does not cover any loss or damage which at the time of the happening of such loss or damage is insured by or would, but for the existence of this policy, be insured by any other existing policy or policies had this insurance not been effected.
7)
RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This policy excludes any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from:-
a)
ionising, radiations or contamination by radioactivity from any nuclear fuel or nuclear waste or from the combustion of nuclear fuel.
b)
the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
c)
any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
d)
the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
e)
any chemical, biological, bio-chemical or electromagnetic weapon
8)
SANCTIONS LIMITATION CLAUSE
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations’ resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
LMA3100A 5 October 2023
9)
SONIC BANGS EXCLUSION
Loss, destruction or damage directly caused by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
10)
TERRORISM EXCLUSION CLAUSE
This policy excludes all acts of Terrorism and persons acting from a political motive.
For the purpose of this Clause an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
11)
UK EXPORT CONTROL ORDER 2008 – REVOCATION OF LICENCES CLAUSE
In no case shall this insurance provide cover or shall any insurer(s) be liable to pay any claim or provide any benefit hereunder in respect of any movement(s) of goods authorised by an export control licence issued under the UK Export Control Order 2008 if the licence has expired or been revoked or for the period of suspension if the licence has been suspended
This clause shall not apply to a claim that arises prior to expiry, revocation, or suspension of such licence. In the event of the subsequent reinstatement of the licence, cover will re-attach subject always to the terms and conditions of this insurance.
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
JC2010-015
12)
UNLAWFUL TRADING
No provision of this policy shall extend to cover any liability of whatsoever nature directly or indirectly caused by or contributed to or arising from any unlawful trade or any service provided in respect of unlawful goods where such liability shall have arisen as a result of the knowing or reckless involvement of the Insured or any associated or connected company or individual or their employees. Cover shall only be available in respect of any such liability where the Insured can show that the liability has arisen through the unwitting involvement of the Insured in any such trade or service and where the Insured has established and maintained proper systems or precautions to prevent such involvement. The burden of proving that such liabilities are covered shall be upon the Insured.
13)
WAR EXCLUSION
This policy excludes loss of or damage to cargo occasioned by or happening through or in consequence of war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
CONTACTING US
For all enquiries related to your cover, we encourage you to initially contact your broker. Should you need further assistance, please feel free to contact us using any of the following methods:
By email: underwriting@basilfry.co.uk
By phone: 01372 385 985
By post: Basil Fry Underwriting, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH
We are committed to providing you with prompt and attentive service.
HOW TO MAKE A COMPLAINT
We want to give a high quality service at all times. If you aren’t happy with something, we want to hear from you so we can put things right. If you want to make a complaint, please get in touch. You can contact us in the following ways:
By email: customerrelations@chubb.com
By phone: 0800 519 8026 (Lines are open 9am to 5pm, Monday to Friday).
By post Chubb Complaints Team, 40 Leadenhall Street, London, EC3A 2BJ
If you’re not happy with our response
If you’re not happy with how your complaint is handled, you can contact the Financial Ombudsman Service (FOS).
The FOS is an independent complaints service that’s free to use. You can refer your complaint to the FOS if you’re not happy with our final response, or eight weeks after you first complained. You have six months from the date of our last response to refer your complaint to the FOS.
You can find out more about them and how to complain at financial-ombudsman.org.uk.
You can also ask them for a leaflet with more information on it.
You can also contact them in the following ways:
By phone: 0800 023 4567
Calls are free from a UK landline or mobile. To call from outside the UK: +44 (0)300 123 9123
Calls charged at the same rate as 01 or 02 numbers on a mobile phone.
By email complaint.info@financial-ombudsman.org.uk
By post: The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square
London, E14 9SR
Taking a complaint to the FOS doesn’t affect your legal rights. You can still choose to take your complaint to court. If you do the laws of England and Wales apply to this policy and English Courts will have jurisdiction in any dispute. All communication on this policy will be in English. You can find out more about this
DATA PROTECTION SHORT FORM INFORMATION NOTICE (LAYER 1)
Your personal information notice
Who we are
We are the underwriter(s) identified in the contract of insurance and/or in the certificate of insurance.
The basics
We collect and use relevant information about you to provide you with your insurance cover or the insurance cover that benefits you and to meet our legal obligations.
This information includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.
In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details such as information about your health and any criminal convictions you may have). Where we need your consent, we will ask you for it separately. You do not have to give your consent and you may withdraw your consent at any time. However, if you do not give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.
The way insurance works means that your information may be shared with, and used by, a number of third parties in the insurance sector for example, insurers, agents or brokers, reinsurers, loss adjusters, sub-contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies and compulsory insurance databases. We will only disclose your personal information in connection with the insurance cover that we provide and to the extent required or permitted by law.
Other people's details you provide to us
Where you provide us or your agent or broker with details about other people, you must provide this notice to them.
Want more details?
For more information about how we use your personal information please see our full privacy notice(s), which is/are available online on our website(s) or in other formats on request.
Contacting us and your rights
You have rights in relation to the information we hold about you, including the right to access your information. If you wish to exercise your rights, discuss how we use your information or request a copy of our full privacy notice(s), please contact us, or the agent or broker that arranged your insurance who will provide you with our contact details at:
Basil Fry Underwriting
Tel: 01372 385 985
Email: underwriting@basilfry.co.uk
Address: Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH
LMA9151 25 April 2018
CONTRACTUAL AND LEGAL LIABILITY
This policy indemnifies the Insured for:
a)
Any contractual liability which the Insured is responsible for under their Trading Conditions arising out of loss, destruction, or damage to customers’ property whilst in the Insured’s care, custody, and control;
b)
Any legal liability of the Insured that is governed by international convention, statute, and common law, including, but not limited to, instances where the Trading Conditions are set aside by an unappealable order of a court or arbitration, arising out of their normal business activities following loss, destruction, or damage to customers’ property whilst in the Insured’s care, custody, and control; and
c)
loss or damage to customers’ property (whilst in the Insured’s care, custody, and control) resulting from or in consequence of:
i.
accidental damage or loss caused by the Insured or their agent; fire; lightning; explosion; earthquake; storm; theft accompanied by forcible or violent entry or exit to the conveying vehicle, trailer, storage container or storage unit; moth, insect or vermin damage when caused by a source external to the affected customer’s own container or unit; strikes, riots and civil commotion; water or liquid ingress to the affected customer’s container or unit; burst pipes; flood; dropping of a container; vehicular impact or overturning; accidental damage or loss caused by impact to or sinking of the conveying vessel or aircraft; general average sacrifice and/or jettison irrespective of whether such losses are deemed to have resulted from the Insured’s negligence or other breach of legal duty in respect of customers’ property.
ii.
When goods are professionally packed by the Insured or their agent: as per i) above and including breaking, scratching, denting, chipping, staining, or tearing as a result of inadequate packaging and loss.
Excluding absolutely any claims or events resulting from the Insured’s fraudulent, criminal, wilful, or malicious acts or omissions.
Operative Clause:
i) In transit:
This insurance is only to pay for loss or damage that occurs during the currency of this insurance. Where the cause of loss and/or occurrence date cannot be identified, this insurance is only to pay for loss or damage where the removal/transit commenced during this period of insurance.
ii) In storage:
To cover the Insured’s liability for loss, destruction or damage to customers’ property where first discovered during the period of insurance.
Duration of Cover:
i)
All Covers EXCEPT Self Storage:
In accordance with the terms of the contract between the Insured and the customer, cover incepts from the time the customers’ property is in the care, custody, and control of the Insured and continues until such property is delivered to the consigned location and/or where the Insured’s care, custody and control ceases. Cover includes packing and/or unpacking and transit between any address and/or depository, store, or warehouse and/or cleaner and/or repairer and/or restorer, subject to this being carried out by the Insured or their agent and in accordance with the terms of the contract between the Insured and the customer.
ii) Self Storage (where applicable):
In accordance with the terms of the contract between the Insured and the customer, cover incepts from the time the customers’ property is placed into storage and ceases upon removal from storage. No coverage applies during loading and unloading or during transit unless this is carried out by the Insured.
Conditions
Basis of Settlement:
Subject to the Trading Conditions agreed with the customer, liability for any claim shall be by replacement, repair, compensation or the agreed maximum liability per item if a declaration of value is not provided.
In the event of the total loss or destruction of any item, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new. This basis of settlement does not apply to:
•
household linen and clothing, motorcars, motorbikes, boats, caravans, motorhomes and any other motorised vehicle, where the basis of settlement allows for the age, quality, degree of use, existing damage and consequent market value; and
•
any items which cannot be purchased new (such as antiques or works of art, for example), where the basis of settlement shall be the current market value.
In respect of Archive Storage and documents, the basis of settlement shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents.
EXTENSIONS
A.
ERRORS AND OMISSIONS
This extension shall cover the Insured's legal liability in relation to customers’ property and/or trailers, containers and similar transport equipment arising out of their normal business activities following extraordinary negligent acts, errors, and omissions, and resulting in the Insured failing partly or totally to fulfil their contractual obligations, including, but not limited to:
•
Mis-delivery of goods; and
•
Disposal of goods.
Losses falling under this extension are:
•
Subject to the General Exclusions of the policy. The Insurers shall only be liable for the amount by which any claim exceeds the sum stated as the excess and only up to the limit as provided for within this extension; and
•
Recoverable hereunder, only if discovered during the period of the policy and the claim is advised in writing not later than three months after expiry.
Excluding:
•
Any claim howsoever arising relating to the incorrect calculation of charges or fees by the Insured, whether invoiced or quoted.
•
Any claim where the Insured has failed to use all reasonable endeavours to comply with industry-standard practices and procedures related to contractual lien, where applicable;
•
Consequential loss and/or delay except where otherwise provided for in the policy;
•
Fines or penalties imposed by the authorities of any country, including but not limited to, those imposed following any breach of sanctions.
•
Any claim howsoever arising relating to the breach of or failure to comply with Financial Conduct Authority (FCA) or similar concerning but not limited to the sale of insurance or the administration thereof whether or not the Insured is regulated (in whatever capacity) or unregulated by the FCA.
•
Excluding absolutely any claims or events resulting from the Insured’s fraudulent, criminal, wilful, or malicious acts or omissions.
•
Losses otherwise covered under another section of this policy.
Subject to a maximum of GBP 50,000 any one loss and in the aggregate for the policy period and an excess of GBP 500 any one loss. In addition to the policy limits as stated in the Schedule.
B.
ADDITIONAL COSTS
Any additional costs (including the cost of removing debris following a claim covered herein) and/or expenses necessarily and reasonably incurred by the Insured in consequence of or in order to prevent or reasonably attempt to prevent or minimise a loss or losses, which would be recoverable under this policy. Excluding absolutely any expenses incurred as a consequence of or to prevent or to mitigate pollution or contamination, or any threat thereof.
The maximum amount payable under this extension is limited to the lesser of the amount that would have been recoverable had no such action been taken or 10% of the sum of the relevant limit as stated in the Schedule but in any event not exceeding GBP 250,000 any one loss.
Page 6 of 21
C.
LEGAL COSTS AND EXPENSES
The Insurers agree to pay for legal costs and expenses incurred by the Insured with Insurers’ prior written consent and which arise out of any claim made against the Insured in respect of their contractual liability, or alleged legal liability, for physical loss of or damage to customers’ property.
Cover provided under this extension shall be subject to a limit of 10% of the sum of the relevant limit as stated in the Schedule up to a maximum of GBP 250,000 any one loss or series of losses arising out of any one event.
D.
INSURED’S OWN GOODS (EQUIPMENT/PACKING MATERIALS)
Cover is provided under this extension for: sheets, ropes, blankets, cartons, packing materials, wooden containers, dunnage, securing chains, and other property reasonably used by the Insured to undertake their normal business activities, the property of the Insured and/or hired, leased or loaned to the Insured. Cover is limited to the replacement value, allowing for age, condition, and degree of use, at the time of loss.
In Transit: Cover is provided hereunder for any claim caused by physical loss of and/or damage but always excluding wear, tear, gradual deterioration, moth, mildew or vermin. Subject to both a limit of GBP 5,000 any one claim (unless a higher limit has been agreed by the Insurers) and a GBP 50 deductible in addition to any other excess applicable under this policy.
In Storage: Cover is provided hereunder for physical loss of and/or damage caused by the following named perils: fire, lightning, explosion, earthquake, storm, flood, burst pipes, water ingress, theft accompanied by forcible or violent entry or exit, riot, strike, civil commotion, malicious damage, impact by vehicle or aircraft and damage caused by dropping of a container. Subject to the Own Goods limit stated in the Storage Location Schedule (where applicable) any one claim and a GBP 50 deductible in addition to any other excess applicable under this policy.
E.
TRAILERS, CONTAINERS AND SIMILAR TRANSPORT EQUIPMENT
Any claim caused by damage to trailers, containers and similar transport equipment used for the carriage of goods where such containers and/or trailers and/or similar transport equipment are not owned, hired, loaned or leased and such loss or damage occurs in the care, custody and control of the Insured.
The Insurers’ liability in respect of loss or damage as described above shall be limited to the replacement cost taking into account age, condition, and degree of use, and shall not exceed GBP 25,000 any one loss/incident. The Insured will be responsible for the first GBP 250 of each and every claim in addition to any other excess applicable under this policy.
F.
THIRD PARTY PROPERTY
Loss, damage, or destruction to premises or fixtures and fittings the Insured owns or for which they are legally responsible as tenants as a result of theft or any attempt thereat of the contents of the premises involving forcible entry. The Insurers’ liability in respect of such loss, damage, or destruction shall be limited to GBP 5,000 any one loss.
G.
DRIVERS’ PERSONAL EFFECTS
To cover all risks of physical loss or damage to drivers’, porters’ and attendants’ personal effects, sustained on or about, or in connection with the vehicle in the course of their employment with the Insured but excluding cash, credit cards, cheques, currency, precious stones, precious metals, jewellery, watches, cameras, digital camera memory cards, mobile phones, tablet computers, (including iPads), e-readers and other similar electronic devices. The Insurers’ liability in respect of loss or damage as described above will be limited to the replacement value at the time of loss and shall not exceed GBP 500 in the aggregate during any one period of insurance with a maximum of GBP 100 any one article and a GBP 50 deductible in addition to any other excess applicable under this policy.
H.
UNWITTING CMR
The indemnity granted under this policy extends to include the Insured’s legal liability for loss, damage,
or delay to goods under CMR unwittingly incurred, subject to a limit of indemnity any one occurrence of GBP 350,000.
I.
DEEP SEA EXTENSION
IN RESPECT OF REMOVALS ONLY.
This extension shall only apply:
i.
Where the Insured has only been contracted to export pack the goods for transit; or
ii.
To customer contracts agreed on a limited or restricted liability basis, as defined in the Insured’s Trading Conditions, not exceeding £50 per item and only in the event of negligence.
Where the Insured enters into contracts on the basis described above, the Territorial Limits are amended to read as follows:
Worldwide, but shipments to, from, or between the following countries/regions are subject to prior approval by the Insurers:
Afghanistan, Angola, Armenia, Azerbaijan, Belarus, Bougainville, Bosnia-Herzegovina, Burma/Myanmar, Burundi, Cambodia, Chechnya Republic of, Congo (Brazzaville), Congo (Democratic Republic), Cote d’Ivoire, Crimea, Cuba, Eritrea, Former States of USSR, Gambia, Iran, Iraq, Israel, Korea DPR (North), Kyrgyzstan, Lebanon, Liberia, Libya, Moldova, Nigeria, Palestine Territories, Russia, Rwanda, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Venezuela, Yemen, Zimbabwe
OBSERVANCE CONDITIONS
1)
DUTY OF INSURED
It is a condition precedent to indemnification under this insurance that:
i.
The Insured makes a full declaration of all current Trading Conditions at inception of the policy period;
ii.
Throughout the policy period, the Insured shall continuously trade in accordance with the Trading Conditions notified to and approved by the Insurers in writing;
iii.
The Insured shall take all reasonable and practicable steps to ensure that their Trading Conditions are incorporated in all customer contracts. Reasonable steps are considered by the Insurers to include, without limitation:
-
the Insured provides their customer with a full copy of their Trading Conditions; and
-
the Insured endeavours to obtain written agreement from the customer to confirm that they have received, read, understood, and accepted the Trading Conditions prior to the contract commencing and retain written records thereof.
If a claim arises in respect of a contract into which the Insured has entered but failed to incorporate the Trading Conditions seen and agreed by the Insurers, the Insured's right to be indemnified under this policy in respect of such a claim shall not be prejudiced, providing that the Insured has taken all reasonable and practicable steps to incorporate the agreed Trading Conditions;
iv.
The Insured shall at no time deliberately and/or knowingly and/or recklessly furnish incorrect information either verbally or on any documentation issued or completed in performance of the Insured’s business including without limitation any documents containing or evidencing a contract, of carriage or otherwise, and/or any customs documents and/or shipping documents;
v.
The Insured shall at all times act with due diligence.
The policy is subject to and incorporates the provisions of the Insurance Act 2015 and any modification thereof, unless such modification has been excluded under the policy, and the policy includes LMA5264, which appears as a separate clause herein and is incorporated by reference.
2)
CO-OPERATION CLAUSE
The Insured shall, at the request and expense of the Insurers, co-operate in all reasonable and necessary steps required by the Insurers.
3)
SUB-CONTRACTORS AND/OR SUCCESSIVE CARRIERS
(i) The Insured shall take all reasonable steps to ascertain that all parties with whom they contract maintain sufficient and reasonable levels of insurance and where appropriate shall request proof of insurance; and (ii) The benefit of this policy shall in no circumstances whatsoever pass to sub-contractors and/or successive carriers.
4)
NOTIFICATION OF CLAIMS
It is a condition precedent to indemnification under this insurance that:
i.
Where the Insured becomes aware of any matter or incident which may result in a claim under this policy, notification must be given to the Insurers, or their agent, as soon as reasonably possible;
ii.
the Insured shall not admit liability for, or settle any claim, or incur any costs or expenses in connection therewith, without the written consent of Insurers, who shall be entitled to take over and conduct the defence or settlement of any claim in the name of the Insured; and
iii.
the Insured shall give to the Insurers, or their agent, immediate notice in writing of the receipt of notice from any person of any intention to hold the Insured responsible for the results of any breach of professional duty in connection with the Insured’s normal Business Activities as defined and covered by this policy and shall in either case upon request give to the Insurers such information as the Insurers may reasonably require. This duty continues after the expiry of the policy period.
In the event of an incident taking place that could give rise to a claim:
i.
The Insured should take all reasonable endeavours to hold all subcontractors responsible in writing for the incident and report the matter to the Insurers.
ii.
The Insured should also take all reasonable steps to mitigate the loss.
iii.
The Insured should take all reasonable endeavours to provide all relevant documentation and documentation or information that is requested by the Insurers, including but not limited to, the following:
-
All transit documentation
-
Commercial invoices, purchase receipts and/or documents to evidence the current market value (as applicable)
-
Packing list, where one is issued
-
Quantified statement of claim
-
Correspondence in which all subcontractors are held responsible and their response (if applicable)
-
Completed claim form
-
Photographs of alleged damage (where applicable)
-
All correspondence received from or exchanged with the customer or other party.
The effect of a breach of a condition precedent is that the Insurers are entitled to avoid the claim in its entirety.
GENERAL CONDITIONS
1)
CANCELLATION CLAUSE
This insurance may be cancelled at any time by either party giving 30 days’ notice in writing via email or by pre-paid letter post properly addressed to the last known address of either the Insured or the Insurers as applicable. Subject to no claims having been made during the period of insurance, the Insurers at their discretion shall receive and retain pro-rata or earned premium whichever is the greater. The provisions of this clause are without prejudice to the Insurers’ rights of cancellation in the clause headed “Premium Payment Clause” in these conditions.
2)
COSTS AND EXPENSES CONTRIBUTION
If a payment in excess of the amount of indemnity available under this policy has to be made by Insurers to settle a claim, the Insurers’ liability for the costs and expenses incurred shall be proportional to the amount of indemnity available under this policy.
3)
ENFORCING RIGHTS AND REMEDIES
The Insured shall at the request and at the expense of the Insurers do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurers for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Insurers shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this insurance, whether such acts and things shall be or become necessary or required before or after his indemnification by the Insurers.
4)
FRAUDULENT CLAIMS
Please refer to the Fraudulent Claims Clause within condition 9) Insurance Act 2015 - Application clause (“Wraparound Clause”).
5)
GENERAL AVERAGE
The Insured's liability for their proportion of General Average and/or Salvage:
i) arising solely from the breach by the Insured of their contract of carriage with the customer or
ii) where the Insured is obliged by agreement with the customer or otherwise to pay such proportion in respect of cargo, trailers and/or containers (excluding those owned, hired or leased by the Insured).
Insurers will at the request of the Insured sign and issue General Average Guarantees or Salvage Bonds for all groupage cargo shipped by the Insured and the Insured will as soon as possible thereafter use their best endeavours to secure Guarantees or Bonds from each individual customer or their respective Marine Insurers.
In the event that the Insured or Insurers fail to secure Guarantees or Bonds or the payment of any subsequent Contribution or Adjustments from the individual customers or their respective Marine Insurers, Insurers will pay such sums accordingly.
6)
INSURANCE ACT 2015 - APPLICATION CLAUSE (“WRAPAROUND CLAUSE”)
General
1)
Unless otherwise indicated, no term of this insurance contract is intended to limit or affect the statutory rights or obligations of any of the parties to this contract under, and/or the effect of, Parts 2, 3, 4 or 5 of the Insurance Act 2015 (the “2015 Act”).
2)
Any term of this insurance contract which would, but for this clause, put the Insured in a worse position as respects any of the matters provided for in Parts 2, 3 or 4 of the 2015 Act than it would be in by virtue of the provisions of those Parts is, to that extent, of no effect, unless the Insurer has complied with the transparency requirements in Section 17 of the 2015 Act.
3)
The Insured should ask the Insurer or its broker for clarification of any matters which are not clear to it regarding the scope of disclosure required or the provisions of this insurance contract.
The duty of fair presentation
4)
Before this insurance contract is entered into, the Insured must make a fair presentation of the risk to the Insurer, in accordance with Section 3 of the Insurance Act 2015. In summary, the Insured must:
a.
Disclose to the Insurer every material circumstance which the Insured knows or ought to know. Failing that, the Insured must give the Insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries in order to reveal material circumstances. A matter is material if it would influence the judgement of a prudent insurer as to whether to accept the risk, or the terms of the insurance (including premium); and
b.
Make the disclosure in clause (4)(a) above in a reasonably clear and accessible way; and
c.
Ensure that every material representation of fact is substantially correct, and that every material representation of expectation or belief is made in good faith.
5)
For the purposes of clause (4)(a) above, the Insured is expected to know the following:
a.
If the Insured is an individual, what is known to the individual and anybody who is responsible for arranging his or her insurance.
b.
If the Insured is not an individual, what is known to anybody who is part of the Insured’s senior management; or anybody who is responsible for arranging the Insured’s insurance.
c.
Whether the Insured is an individual or not, what should reasonably have been revealed by a reasonable search of information available to the Insured. The information may be held within the Insured’s organisation, or by any third party (including but not limited to the broker, subsidiaries, affiliates or any other person who will be covered under the insurance). If the Insured is insuring subsidiaries, affiliates or other parties, the Insurer expects that the Insured will have included them in its enquiries, and that the Insured will inform the Insurer if it has not done so. The reasonable search may be conducted by making enquiries or by any other means.
Critical information
6)
It is a condition precedent to the Insurer’s liability under this insurance contract that the material facts detailed under the Critical Information section of the policy are true and accurate at the time of inception of the contract.
Breach of warranty: suspensory
7)
If the Insured breaches a warranty in this insurance contract, the Insurer’s liability under the contract shall be suspended from the time of the breach until the time when the breach is remedied (if it is capable of being remedied). The Insurer will have no liability to the Insured for any loss which occurs, or which is attributable to something happening, during the period when the Insurer’s liability is suspended.
Terms not relevant to the actual loss
8)
Where: (i) there has been a failure to comply with a term (express or implied) of this insurance contract, other than a term that defines the risk as a whole; and (ii) compliance with such term would tend to reduce the risk of loss of a particular kind and/or loss at a particular location and/or loss at a particular time, the Insurer cannot rely on the breach of such term to exclude, limit or discharge its liability if the Insured shows that the failure to comply with such term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred.
Fraudulent claims clause
9)
If the Insured makes a fraudulent claim under this insurance contract, the Insurer:
a.
Is not liable to pay the claim; and
b.
May recover from the Insured any sums paid by the Insurer to the Insured in respect of the claim; and
c.
May by notice to the Insured treat the contract as having been terminated with effect from the time of the fraudulent act.
10)
If the Insurer exercises its right under clause (9)(c) above:
a.
The Insurer shall not be liable to the Insured in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to the Insurer’s liability under the insurance contract (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and,
b.
The Insurer need not return any of the premiums paid.
Fraudulent claims – group insurance
11)
If this insurance contract provides cover for any person who is not a party to the contract (“a covered person”), and a fraudulent claim is made under the contract by or on behalf of a covered person, the Insurer may exercise the rights set out in clause (9) above as if there were an individual insurance contract between the Insurer and the covered person. However, the exercise of any of those rights shall not affect the cover provided under the contract for any other person.
Remedies for breach of the duty of fair presentation
12)
If, prior to entering into this insurance contract, the Insured shall breach the duty of fair presentation, the remedies available to the Insurer are set out below.
a.
If the Insured’s breach of the duty of fair presentation is deliberate or reckless:
i.
The Insurer may avoid the contract, and refuse to pay all claims; and,
ii.
The Insurer need not return any of the premiums paid.
b.
If the Insured’s breach of the duty of fair presentation is not deliberate or reckless, the Insurer’s remedy shall depend upon what the Insurer would have done if the Insured had complied with the duty of fair presentation:
i.
If the Insurer would not have entered into the contract at all, the Insurer may avoid the contract and refuse all claims, but must return the premiums paid.
ii.
If the Insurer would have entered into the contract, but on different terms (other than terms relating to the premium), the contract is to be treated as if it had been entered into on those different terms from the outset, if the Insurer so requires.
iii.
In addition, if the Insurer would have entered into the contract, but would have charged a higher premium, the Insurer may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100.
13)
If, prior to entering into a variation to this insurance contract, the Insured shall breach the duty of fair presentation, the remedies available to the Insurer are set out below.
a.
If the Insured’s breach of the duty of fair presentation is deliberate or reckless:
i.
The Insurer may by notice to the Insured treat the contract as having been terminated from the time when the variation was concluded; and,
ii.
The Insurer need not return any of the premiums paid.
b.
If the Insured’s breach of the duty of fair presentation is not deliberate or reckless, the Insurer’s remedy shall depend upon what the Insurer would have done if the Insured had complied with the duty of fair presentation:
i.
If the Insurer would not have agreed to the variation at all, the Insurer may treat the contract as if the variation was never made, but must in that event return any extra premium paid.
ii.
If the Insurer would have agreed to the variation to the contract, but on different terms (other than terms relating to the premium), the variation is to be treated as if it had been entered into on those different terms, if the Insurer so requires.
iii.
If the Insurer would have increased the premium by more than it did or at all, then the Insurer may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100.
iv.
If the Insurer would not have reduced the premium as much as it did or at all, then the Insurer may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, the Insurer shall pay only X% of what it would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
LMA5264 16 March 2016
7)
INSURERS’ RIGHTS
The Insurers shall:
i.
be entitled to, but be under no duty to, take over the defence or settlement of any claim made against the Insured by any party and the Insured shall give all assistance as may be reasonably required by the Insurers.
ii.
retain the rights of subrogation in respect of all claims paid or admitted under the policy and the Insured, at the expense of the Insurers, shall do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurers for the purposes of enforcing any rights and remedies or of obtaining relief or indemnity from other parties to which the Insurers shall be or would become entitled. The Insured shall give all assistance as may be reasonably required by the Insurers.
8)
POLICY JURISDICTION CLAUSE
This policy shall be construed according to and governed by the laws of England and Wales, and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
9)
PREMIUM PAYMENT CLAUSE
It is hereby agreed between the Insurers and the Insured that in the event of the Insured, or their agents on whose instructions insurance may have been effected, failing to pay the Insurers (or their authorised agents “Representatives”) the premium or any instalment thereof on the due date, or failing to submit the necessary documentation for an invoice to be raised this policy may be forthwith cancelled by the Insurers (or on their behalf by their Representatives).
The foregoing is subject to the Insurers or their Representatives giving 10 calendar days’ notice in writing to the Insured, or their agents on whose instructions insurance may have been effected or in accordance with the terms and conditions of any letter of undertaking that may be issued in favour of any assignee or mortgagee of this insurance.
Where cancellation occurs due to failure by the Insured (or its agent) to make any payment at all, the insurance shall be void ab initio once the cancellation notice has become effective. If part payment has been made, the insurance may be cancelled on a pro rata basis and the Insurers shall only accept time on risk for the period in respect of which payment has been made.
If cancellation occurs due to failure by the Insured (or its agent) to make any payment at all, claims which would otherwise have been covered by the insurance will be rejected entirely.
10)
PREMIUM AND ADJUSTMENT CLAUSE
The Deposit Premium, where applicable, is payable to the Insurers at inception of the policy and is adjustable on expiry at the agreed rate on the certified gross annual turnover, subject to a minimum premium of 100% of the deposit unless specifically agreed by the Insurers.
Where the Schedule states the Premium is Adjustable, at expiry, the Insured shall provide promptly the information required in order that this policy may be adjusted and shall include but not be limited to income received from various types of business activities and storage declarations, where applicable.
11)
SEVERAL LIABILITY NOTICE
The subscribing Insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing Insurers are not responsible for the subscription of any co-subscribing insurer who, for any reason, does not satisfy all or part of its obligations.
LSW 1001
GENERAL EXCLUSIONS
1)
COMMUNICABLE DISEASE EXCLUSION
i.
Notwithstanding any provision to the contrary within this insurance, this insurance does not cover any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
ii.
As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
a.
the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
b.
the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
c.
the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.
JC2020-011 17 April 2020 (Amended)
2)
CYBER ATTACK EXCLUSION CLAUSE
i.
Subject only to paragraph 3 below, in no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus, computer process or any other electronic system.
ii.
Subject to the conditions, limitations and exclusions of the policy to which this clause attaches, the indemnity otherwise recoverable hereunder shall not be prejudiced by the use or operation of any computer, computer system, computer software programme, computer process or any other electronic system, if such use or operation is not as a means for inflicting harm.
iii.
Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, paragraph 1 shall not operate to exclude losses (which would otherwise be covered) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.
LMA5403 11 November 2019
3)
EXCLUDED GOODS
i.
Insurers shall not be liable for bullion, precious stones and metals, bank notes or coins, currency, cheques, treasury notes, bonds, negotiable instruments or securities of any kind, living creatures, dangerous drugs, manuscripts or other documents or electronically held data records, plants, goods likely to encourage vermin or other pests or to cause infestation or contamination, perishable items and/or those requiring a controlled environment and furs (exceeding GBP 100 in value) unless specifically covered by the policy wording.
ii.
Insurers shall not be liable for weapons and/or arms and/or ammunition and/or explosives and/or parts and/or associated accessories and/or materials and/or ingredients of all kinds.
4)
FINANCIAL CONDUCT AUTHORITY (FCA) OR SIMILAR REGULATIONS
This policy expressly excludes any liability relating to any breach of or failure to comply with FCA regulations or those of a similar regulatory body concerning but not limited to the sale of insurance or the administration thereof whether or not the Insured is regulated (in whatever capacity) or unregulated.
5)
GENERAL EXCLUSIONS
The Insurers shall not be liable for any claims:-
i.
in respect of risks required to be insured in the United Kingdom or otherwise provided for by any vehicle owner under the Road Traffic Act legislation or equivalent or by any employer under the Workmen’s Compensation or Employers Liability Compulsory Insurance legislation, or equivalent;
ii.
brought against the Insured for libel or slander;
iii.
brought against the Insured resulting from the Insured’s fraudulent, criminal, wilful or malicious acts or omission;
iv.
resulting from the insolvency of the Insured;
v.
resulting from the Insured’s inability to pay or collect monies due other than the carriage charges which they may be required to pay or collect on behalf of their principals;
vi.
resulting from loss of life or personal injury to any person or living creature unless specifically covered by the policy wording;
vii.
resulting from the chartering of any vessel or aircraft, whether totally or partially;
viii.
resulting from any award of punitive, exemplary, multiple or liquidated damages;
ix.
from or caused by: mildew, mould, extremes of temperature or other atmospheric conditions, inherent vice, insufficiency of insulation, electrical and/or mechanical derangement unless caused by external means, loss or damage caused by wear, tear, rust or gradual deterioration, shortage in weight, evaporation, consequential loss, loss of market or delay unless specifically covered by the policy wording.
6)
NON-CONTRIBUTION CLAUSE
This insurance does not cover any loss or damage which at the time of the happening of such loss or damage is insured by or would, but for the existence of this policy, be insured by any other existing policy or policies had this insurance not been effected.
7)
RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This policy excludes any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from:-
a)
ionising, radiations or contamination by radioactivity from any nuclear fuel or nuclear waste or from the combustion of nuclear fuel.
b)
the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
c)
any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
d)
the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
e)
any chemical, biological, bio-chemical or electromagnetic weapon
8)
SANCTIONS LIMITATION CLAUSE
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations’ resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
LMA3100A 5 October 2023
9)
SONIC BANGS EXCLUSION
Loss, destruction or damage directly caused by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
10)
TERRORISM EXCLUSION CLAUSE
This policy excludes all acts of Terrorism and persons acting from a political motive.
For the purpose of this Clause an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
11)
UK EXPORT CONTROL ORDER 2008 – REVOCATION OF LICENCES CLAUSE
In no case shall this insurance provide cover or shall any insurer(s) be liable to pay any claim or provide any benefit hereunder in respect of any movement(s) of goods authorised by an export control licence issued under the UK Export Control Order 2008 if the licence has expired or been revoked or for the period of suspension if the licence has been suspended
This clause shall not apply to a claim that arises prior to expiry, revocation, or suspension of such licence. In the event of the subsequent reinstatement of the licence, cover will re-attach subject always to the terms and conditions of this insurance.
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
JC2010-015
12)
UNLAWFUL TRADING
No provision of this policy shall extend to cover any liability of whatsoever nature directly or indirectly caused by or contributed to or arising from any unlawful trade or any service provided in respect of unlawful goods where such liability shall have arisen as a result of the knowing or reckless involvement of the Insured or any associated or connected company or individual or their employees. Cover shall only be available in respect of any such liability where the Insured can show that the liability has arisen through the unwitting involvement of the Insured in any such trade or service and where the Insured has established and maintained proper systems or precautions to prevent such involvement. The burden of proving that such liabilities are covered shall be upon the Insured.
13)
WAR EXCLUSION
This policy excludes loss of or damage to cargo occasioned by or happening through or in consequence of war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
CONTACTING US
For all enquiries related to your cover, we encourage you to initially contact your broker. Should you need further assistance, please feel free to contact us using any of the following methods:
By email: underwriting@basilfry.co.uk
By phone: 01372 385 985
By post: Basil Fry Underwriting, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH
We are committed to providing you with prompt and attentive service.
HOW TO MAKE A COMPLAINT
We want to give a high quality service at all times. If you aren’t happy with something, we want to hear from you so we can put things right. If you want to make a complaint, please get in touch. You can contact us in the following ways:
By email: customerrelations@chubb.com
By phone: 0800 519 8026 (Lines are open 9am to 5pm, Monday to Friday).
By post Chubb Complaints Team, 40 Leadenhall Street, London, EC3A 2BJ
If you’re not happy with our response
If you’re not happy with how your complaint is handled, you can contact the Financial Ombudsman Service (FOS).
The FOS is an independent complaints service that’s free to use. You can refer your complaint to the FOS if you’re not happy with our final response, or eight weeks after you first complained. You have six months from the date of our last response to refer your complaint to the FOS.
You can find out more about them and how to complain at financial-ombudsman.org.uk.
You can also ask them for a leaflet with more information on it.
You can also contact them in the following ways:
By phone: 0800 023 4567
Calls are free from a UK landline or mobile. To call from outside the UK: +44 (0)300 123 9123
Calls charged at the same rate as 01 or 02 numbers on a mobile phone.
By email complaint.info@financial-ombudsman.org.uk
By post: The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square
London, E14 9SR
Taking a complaint to the FOS doesn’t affect your legal rights. You can still choose to take your complaint to court. If you do the laws of England and Wales apply to this policy and English Courts will have jurisdiction in any dispute. All communication on this policy will be in English. You can find out more about this
DATA PROTECTION SHORT FORM INFORMATION NOTICE (LAYER 1)
Your personal information notice
Who we are
We are the underwriter(s) identified in the contract of insurance and/or in the certificate of insurance.
The basics
We collect and use relevant information about you to provide you with your insurance cover or the insurance cover that benefits you and to meet our legal obligations.
This information includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.
In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details such as information about your health and any criminal convictions you may have). Where we need your consent, we will ask you for it separately. You do not have to give your consent and you may withdraw your consent at any time. However, if you do not give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.
The way insurance works means that your information may be shared with, and used by, a number of third parties in the insurance sector for example, insurers, agents or brokers, reinsurers, loss adjusters, sub-contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies and compulsory insurance databases. We will only disclose your personal information in connection with the insurance cover that we provide and to the extent required or permitted by law.
Other people's details you provide to us
Where you provide us or your agent or broker with details about other people, you must provide this notice to them.
Want more details?
For more information about how we use your personal information please see our full privacy notice(s), which is/are available online on our website(s) or in other formats on request.
Contacting us and your rights
You have rights in relation to the information we hold about you, including the right to access your information. If you wish to exercise your rights, discuss how we use your information or request a copy of our full privacy notice(s), please contact us, or the agent or broker that arranged your insurance who will provide you with our contact details at:
Basil Fry Underwriting
Tel: 01372 385 985
Email: underwriting@basilfry.co.uk
Address: Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH
LMA9151 25 April 2018