Public Liability Insurance Policy
PUBLIC LIABLITY POLICY
If the Insured by a proposal which shall be the basis of this contract applied to the corporation for the indemnity and paid or agreed to pay the premium as consideration for or on account of such indemnity; the public liability policy subject to the terms exceptions limits and conditions contained hereon or endorsed hereon will indemnify the insured against:-
a) All sums which the insured shall become legally liable to pay for compensation in respect of
1) Bodily injury to or illness of any person
2) Loss of or damage to property
Occurring within the territorial limits stated in the schedule during the period of insurance as a result of an accident.
b) All costs and expenses:
1) of litigation recovered by any claimant against the Insured.
2) Insured with the written consent of the Corporation in respect of a claim against the insured.
In the event of the death of the Insured the corporation will in respect of the liability incurred by the Insured indemnify the Insured’s personal representatives in the terms of and subject to the limitations of this policy.
EXCEPTIONS
The indemnity expressed in this policy shall not apply to:-
1. Liability assumed by the insured’s agreement
2. Liability in respect of:-
a) Injury to or illness of any person under a contract of service with the Insured and if such liability is in respect of injury or illness arising out of and on the course of the employment;
b) Any sums payable by the insured under legislation relating to occupational injury or illness
3. Liability in respect of loss of or damage to property:-
a) Belonging to the insured;
b) In the charge or under the control of insured’s or a member of the insured’s Household or any worker or agent of the insured
c) Being that part of any property on which the insured or any worker or agent of the insured is or has been working if that loss or damage results directly from such work.
4. Liability in respect of:-
a) loss of damage to any property or land or building caused by vibrating or by the removal or weakening of support.
b) Injury to or illness of any person or loss of or damage to property occasioned by or resulting from any such loss or damage.
5. Liability in respect of injury, illness, loss or damage caused directly or indirectly from:-
a) any vehicle (or trailer attached) or animal or vessel not specified in the Schedule owned or possessed or used by or on behalf of the insured or the loading or unloading thereof;
b) any lift elevator escalator hoist or crane owned or used by the insured or for the maintenance of which the insured is responsible unless specified in the schedules;
c) defective drains, Sewers or sanitary arrangements or air, soil or water pollution;
d) Any ship, vessel, craft or aircraft, or arising out of any work done by or on behalf of the insured;
e) any product, commodity, article or thing supplied manufactured, constructed, serviced, sold, repaired, altered by or to the order of the insured;
f) (i) any steam boiler or any economizer;
(ii) any vessel or apparatus intended to operate under steam belonging to the insured or any worker or agent of the insured,
6. Liability arising directly or indirectly or in consequence of, war, invasion, act of foreign enemy, hostilities or war-like operations, civil war, mutiny, riots, strikes, civil commotions, military or popular rising, insurrection, rebellion, revolution, military or usurped power etc.
7. a) any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionizing radiation or contamination by radioactivity any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
b) any accident loss destruction damage or legal liability directly or indirectly caused by or arising from nuclear weapons material.
CONDITIONS
1. The insured shall give immediate notice to the Corporation of any alternation which materially affects the risk covered by the policy.
2. The insured shall exercise reasonable care in the selection of steady sober and competent employees and shall take all reasonable precautions to prevent accidents and shall take
reasonable steps to maintain the premises, works, ways, machinery and plant in sound condition. If any defect or damage shall be discovered by the insured or brought to his notice by complaint the insured shall take the necessary steps to remedy or remove such defect or danger and in the meantime shall cause such additional precautions to be taken as the circumstances may require. The Corporation shall at all reasonable times by its workers or agents have free access to inspect any premises or places referred to in this policy and in the effect of any defect or danger being apparent to the inspector of the Corporation the Corporation shall be at liberty to give notice in writing to the insured. All liability of the Corporation shall be suspended until the said danger or defect is remedied or removed to the satisfaction of the Corporation.
3. Upon the happening of any accident and/or upon the receipt by the insured of notice claim, the insured or his legal/personal representatives shall immediately give notice of same to the Corporation and shall deliver within seven days or such further time as the Corporation may allow after the notice has been received. Every letter claim write summons and/or process shall be notified or forwarded to the Corporation immediately on receipt.
4. No admission offer promise payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the Corporation which shall be if it so desires to take over and conduct in the name of the insured the defense or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or damages or otherwise and any compensation so recovered shall belong to the Corporation and any indemnity so secured shall injure to the benefit of the Corporation and the corporation shall have full desecration in the conduct of any proceedings or in the settlement of any claim and the insured shall give all such information and assistance as the Corporation may require.
5. The Corporation may at any time pay to the insured
a) In connection with any claim or series of claims in respect of which the limits of indemnity for any one accident in respect of one occurrence or all occurrences of a serious consequent or attributable to one source or original cause are applicable to the amount of such limits (after deduction of any sum or sums already paid as compensation) or any lesser amount for which such claim or claims can be settled.
b) in connection with all claims to which the limit of indemnity for any one period of insurance is applicable the amount of such limit (after deduction of any sum or sum or sums already paid as compensation)
6. The Corporation may at all reasonable times for the purposes of enquiry or examination by their authorized officials and agents enter into any premises in which the accident has occurred and may remain in possession for a reasonable period for any purposes connected with such accident and the insured shall give all necessary facilities in this connection.
7. If at the time any claim arises under this policy there be any other insurance covering the same liability the Corporation shall not be liable to pay or contribute more than its ratable proportion of such claim and costs and expenses in this connection.
8. The corporation will not be recognise any change of interest in this policy unless its assent thereto has been signified by endorsement.
9. If the premium has been calculated upon any estimates furnished to the corporation the insured shall keep an accurate record and shall at all times allow the corporation to inspect such record. The insured shall with one month from the expiry to the corporation such particulars and information as the corporation may require. The premium for such period shall thereupon be adjusted and the difference paid by or allowed to the insured the case may be.
10. The corporation may at any time by notice to the insured cancel the police as from fifteen days after the date when the insured should receive such notice. This insurance may also be terminated at any time at the request of the insured. In the event of such cancellation by the corporation then the corporation shall return to the insured the premium paid less the prorate portion for the time the policy has been enforce. In the event of such cancelation by the insured then the insured shall be entitled to a return of premium less premium at the corporation’s short period rate for the time the policy has been in force.
11. The due observance and fulfillment of terms provision, exception, limitations and conditions of this policy and the truth of the statements and answers in the proposal for this insurance shall be conditions precedent to any liability of the corporation to make any payment under this policy.
Note:- This article is prepared to elaborate about public Liability policy. Therefore, legally it shall not come in to force.