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Entertainment Industry Aon Entertainment Industry Policy Combined Liability Insurance Issued by Aon Risk Services Australia Limited ABN AFSL No Table of Contents Policy 4 Combined
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Entertainment Industry Aon Entertainment Industry Policy Combined Liability Insurance Issued by Aon Risk Services Australia Limited ABN AFSL No 2 Table of Contents Policy 4 Combined Liability Insurance (Australia) 4 1. Operative Clause 4 2. Definitions 4 3. Indemnity to Others 5 4. Cross Liabilities 6 5. Limits of Indemnity 6 6. Defence Costs 6 Section A Public Liability 7 7. Section A Indemnity 7 8. Section A Exclusions 7 Section B Products Liability 7 9. Section B Indemnity Section B Exclusions 8 Section C Pollution Liability Section C Indemnity Section C Exclusions 8 General Exclusions Exclusions applicable to all Sections of the Policy 8 General Conditions General Conditions applicable to all Sections of the Policy 9 Endorsement 11 Premium Payment Clause 11 LMA3333 (Re)Insurers Liability Clause 11 (Re)insurer s liability several not joint 11 Proportion of liability 12 NMA1854 Service of Suit Clause 12 Australian Terrorism Insurance Act 2003 Notice 12 Care, Custody & Control Extension 13 Contractual Liability Exclusion 13 Sanction Limitation and Exclusion Clause 13 Errors & Omissions Extension 14 Conditions: 14 Errors and Omissions Liability: 15 Retroactive Date: TBA 15 3 Policy Combined Liability Insurance (Australia) Aon Entertainment Liability Policy 1. Operative Clause The Underwriters will indemnify the Insured against their legal liability to pay damages (including claimants costs, fees and expenses) in accordance with the law of any country stated in the Schedule as a third party jurisdiction covered by the Policy. This indemnity applies only to such legal liability as defined by each insured Section of this Policy arising out of the Business, subject always to the terms, conditions and exclusions of such Section and of the Policy as a whole. 2. Definitions For the purpose of this Policy: 2.1 Insured means: the person, persons or corporate body named in the Schedule subsidiary companies of the Insured notified to and accepted in writing by the Underwriters. 2.2 Business means the business stated in the Schedule conducted at or from premises of the Insured and shall include: the ownership, repair and maintenance of the Insured s own property provision and management of canteen, social, sports and welfare organisations for the benefit of any Person Employed and medical, firefighting, and security services private work undertaken by any Person Employed for any director or partner of the Insured with the prior consent of the Insured. 2.3 Injury means death, bodily injury, illness or disease, false arrest, false imprisonment, wrongful eviction, wrongful detention, malicious prosecution and humiliation; libel, slander, defamation of character or invasion of right of privacy unless arising out of Advertising Injury assault and battery not committed by or at the direction of the Insured unless committed for the purpose of preventing or eliminating danger to persons or property discrimination as a result of race, religion, sex, marital status, age, intellectual impairment, disability or otherwise (unless insurance thereof is prohibited by law) not committed by or at the intentional direction of the Insured, but only in respect to liability other than for fines and penalties imposed by law. 2.4 Damage means physical damage to or destruction of tangible property which occurs during the policy period including any consequential loss as a result thereof, or the loss of use thereof and/or loss of use of tangible property which has not been physically injured, damaged or destroyed. 2.5 Advertising Injury means libel, slander, defamation, infringement of copyright, title or slogan, piracy, idea misappropriation or invasion of rights of privacy, arising out of the Insured s advertising activities. 4 2.6 Person Employed means any: employee being a person under a contract of service or apprenticeship with the Insured labour master and persons supplied by him person employed by labour only sub-contractors self employed person under the control of the Insured person hired to or borrowed by the Insured person undertaking study or work experience or youth training scheme with the Insured working for the Insured in connection with the Business. 2.7 Product means any tangible property after it has left the custody or control of the Insured which has been designed, specified, formulated, manufactured, constructed, installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of the Insured. 2.8 Pollution means pollution or contamination of the atmosphere or of any water, land, buildings or other tangible property. 2.9 Defence Costs means costs, fees and expenses incurred by the Insured with the written consent of the Underwriters in the defence or settlement of any claim, suit or proceedings which are or would, if successful, be covered under this Policy, including legal expenses arising out of representation at any inquest or inquiry or arising out of the defence of any proceedings in a Court of Summary Jurisdiction in respect of matters which may form the subject of indemnity by this Policy 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 and/or to put the public, or any section of the public, in fear. 3. Indemnity to Others The indemnity granted extends to: 3.1 managerial or supervisory Persons Employed in their business capacity for legal liabilities arising out of the performance of the business and any director or partner of the Insured in respect of private work undertaken by any Person Employed for such director or partner with the prior consent of the Insured 3.2 the officers, committees and members of the Insured s canteen, social, sports, medical, fire fighting, security services and welfare organisations for legal liabilities incurred in their respective capacity as such 3.3 any person or firm for legal liabilities arising out of the performance of a contract with the Insured constituting the provision of labour only 3.4 any principal for legal liabilities arising out of work carried out by the Insured under a contract or agreement in respect of which the Insured would have been entitled to indemnity under this Policy if the claim had been made against the Insured 3.5 the personal representatives of any person or party indemnified by reason of this Clause 3 in respect of legal liability incurred by such person or party. Provided always that all such persons or parties shall observe, fulfil and be subject to the terms, conditions and exclusions of this Policy as though they were the Insured. 5 4. Cross Liabilities Each person or party specified as the Insured in the Schedule is separately indemnified in respect of claims made against any of them by any other such person or party subject to the Underwriters total liability not exceeding the stated Limits of Indemnity. Further, any information or knowledge possessed by one insured party, whether possessed before or after the contract was entered into, shall not be imputed to any other such party. The Insurer will not seek any relief whatsoever (including cancellation of the Policy) for non-disclosure and/or misrepresentation against an insured party unless the Insurer would have been entitled to that relief had that party been the only party covered by this Policy. Further, neither the inclusion of more than one Insured under this Policy nor any act, omission, breach or default by any Insured shall in any way affect the rights of any other Insured, it being intended that this Policy shall be construed as if a separate contract of insurance has been entered into by each Insured; but not so as to increase the Insurer s Limit of Liability. All right of subrogation is waived under this Policy against every company, organisation and person defined as an Insured under this Policy to which or to whom protection is afforded under the Policy except, if such company, organisation or person is protected from such loss by any other policy of indemnity or insurance, the right of subrogation is not waived to the extent and up to the amount of such other policy. 5. Limits of Indemnity SECTIONS A, B and C The Underwriters total liability to pay damages (including claimants costs, fees and expenses) shall not exceed the sum stated in the Schedule in respect of any one occurrence or series of occurrences arising from one originating cause. Each Section shall be subject to its own Limit of Indemnity, provided always that should the same originating cause or occurrence give rise to indemnity under more than one Section, the total amount of Underwriters liability for all claims arising out of one originating cause or occurrence under all such Sections combined shall not exceed the single greatest Limit of Indemnity available under the Sections providing indemnity. SECTIONS B AND C separately The Underwriters total liability to pay damages (including claimants costs, fees and expenses) shall not exceed the sum stated in the Schedule against each Section in respect of all occurrences combined during the Period of Insurance. 6. Defence Costs The Underwriters will also pay Defence Costs provided that Underwriters shall not be liable for any fines or penalties imposed as a consequence of any claim, suit or proceedings. Defence Costs will be payable in addition to or inclusive within the Limits of Indemnity as stated in the Schedule. Where Defence Costs are payable in addition to the Limit of Indemnity, if the amount required in settlement of the third party claim is greater than the Limit of Indemnity available under this Policy in respect of such claim, then the Underwriters will not pay more than their corresponding proportional share of the associated Defence Costs. 6 Section A Public Liability 7. Section A Indemnity The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of: 7.1 Injury and/or Damage occurring during the Period of Insurance 7.2 Advertising Injury caused by material first published or broadcast during the Period of Insurance. 8. Section A Exclusions This Section does not apply to or include legal liability: 8.1 arising out of Pollution or arising out of any Product 8.2 arising out of the ownership, possession or use by or on behalf of the Insured or any person or party entitled to indemnity of any vehicle or trailer which is either registered or is required to be registered under law other than legal liability: 8.3 caused by the use of any tool or plant forming part of or attached to or used in connection with any motor vehicle or trailer 8.4 arising beyond the limits of any carriageway or thoroughfare caused by the loading or unloading of any motor vehicle or trailer 8.5 arising out of any motor vehicle or trailer temporarily in the Insured s custody or control for the purpose of parking Provided always that no indemnity is granted against liability for which compulsory insurance or security is required by legislation or for which the government or other authority has accepted responsibility 8.6 arising out of the ownership, possession or use by or on behalf of the Insured of any aircraft, spacecraft, hovercraft, offshore installation, rig, platform or watercraft (other than watercraft not exceeding 10 metres in length whilst on inland waterways) 8.7 for Damage to property owned, leased to, hired by, under hire purchase, on loan to, held in trust by or otherwise in the Insured s care, custody or control other than: clothing and personal effects of Persons Employed and visitors premises (including contents therein) temporarily occupied by the Insured for work therein or thereon but no indemnity shall be granted for Damage to that part of the property on which the Insured is or has been working and which arises out of such work premises tenanted by the Insured but always excluding liability for Damage i. arising out of any perils which the tenancy agreement requires the Insured to insure against or ii. to any property which the tenancy agreement requires the Insured to insure or iii. to any property which the tenancy agreement requires the Insured to be responsible for except if such Damage is the proven consequence of the Insured s own negligence. 8.8 arising out of breach of professional duty or wrongful or inadequate advice given separately for a fee. Section B Products Liability 9. Section B Indemnity The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Injury and/or Damage occurring during the Period of Insurance and arising out of or in connection with any Product. 7 10. Section B Exclusions This Section does not apply to or include legal liability: 10.1 arising out of Pollution 10.2 for costs incurred in the repair, reconditioning or replacement of any Product or part thereof which is or is alleged to be defective 10.3 arising out of the recall of any Product or part thereof 10.4 arising out of any Product which with the Insured s knowledge is intended for incorporation into the structure, machinery or controls of any aircraft, other aerial device, hovercraft or waterborne craft 10.5 arising by virtue of a contract or agreement other than a warranty of fitness or quality of the Insured s Products established or implied by virtue of the Sale of Goods Act or equivalent legislation or a warranty that work done will be performed in a workmanlike manner Section C Pollution Liability 11. Section C Indemnity The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Injury and/or Damage occurring during the Period of Insurance and arising out of Pollution which was the direct result of a sudden, identifiable, unintended and unexpected event occurring in its entirety at a specific time and place during the Period of Insurance. 12. Section C Exclusions This Section is subject to the Exclusions of Sections A and B other than 8.1 (as regards Pollution) and 10.1 and also does not apply to or include legal liability for: 12.1 Damage to premises presently or at any time previously owned or tenanted by the Insured 12.2 Damage to land or water within the boundaries of or below any land pr premises presently or at any time previously owned or leased by the Insured 12.3 Damage caused or contributed to by the Insured s failure to take reasonable precautions to prevent Pollution. General Exclusions 13. Exclusions applicable to all Sections of the Policy This Policy does not apply to or include legal liability: 13.1 for or arising out of the deliberate, conscious or intentional disregard by the Insured s technical or administrative management of the need to take all reasonable steps to prevent Injury or Damage 13.2 for or arising out of Injury to a Person Employed where such Injury arises out of and in the course of employment by the Insured or any liability arising out of the Workers Compensation Act or any similar legislation anywhere in the world 13.3 for or arising out of liquidated damages clauses, penalty clauses or performance warranties unless it is proven that liability would have attached in the absence of such clauses or warranties 13.4 directly or indirectly occasioned by, happening through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power directly or indirectly caused by or contributed to by or arising out of: ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 8 13.6 for any award of punitive or exemplary damages whether as fines, penalties, multiplication of compensatory awards or damages, or in any other form whatsoever 13.7 for the Excess stated in the Schedule in respect of the first amount of each occurrence 13.8 arising from circumstances known to the Insured or which the Insured ought reasonably to have known prior to the inception date of this Policy 13.9 for any loss, cost or expense directly or indirectly arising out of, resulting as a consequence of, or related to the manufacture, mining, processing, distribution, testing, remediation, removal, storage, disposal, sale, use of or exposure to Asbestos or materials or products containing Asbestos whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss for loss, injury, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. This exclusion also applies to loss, injury, 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. If the Underwriters allege that by reason of this exclusion, any loss, injury, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured. In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect. This exclusion shall take precedence over any other term of the Policy, including any endorsement added at any time, which does not expressly override it. General Conditions 14. General Conditions applicable to all Sections of the Policy 14.1 The Insured shall give immediate notice in writing to the Underwriters of any occurrence that may give rise to a claim under this Policy and shall give all such additional information as the Underwriters may require. Every claim, writ, summons, notice of adjudication, referral notice or process and all documents relating thereto shall be forwarded to the Underwriters immediately they are received No admission, offer, promise or payment shall be made or given by or on behalf of the Insured without the written consent of the Underwriters, who shall be entitled to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in the name of the Insured for their own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Underwriters may reasonably require The Underwriters may at any time pay to the Insured in connection with any claim or series of claims under this Policy to which a Limit of Indemnity applies the amount of such Limit (after deduction of any sums already paid) or any lesser amount for which such claims can be settled and upon such payment being made the Underwriters shall relinquish the conduct and control of and be under no further liability in connection with such claims except for the payment of Defence Costs incurred prior to the date of such payment. This clause does not apply where and to the extent Defence Costs are inclusive within the Limit of Indemnity. Provided that if the Underwriters exercise the above option and the amount required to dispose of any claim or series of claims exceeds the Limit of Indemnity and such excess amount is insured either in whole or in part, with Defence Costs payable in addition to the Limit of Indemnity under this Policy then the Underwriters will also contribute their proportion of subsequent Defence Costs incurred with their prior written co
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