- Advertising Injury
- means a) libel, slander or defamation; b) infringement of copyright or passing off of a title or slogan; c) unfair competition, piracy or idea misappropriation contrary to an implied contract; and d) invasion of privacy, committed or alleged to have been committed during the Policy Period in any advertisement, publicity article, broadcast or telecast and caused by or arising out of any advertising activities conducted by or on the Insured's behalf in carrying out the Insured's Business.
- Aircraft
- means Vehicle, vessel or thing designed to be used primarily in the air and to be supported by the dynamic reaction of the air upon the Vehicle's, vessel's or thing's wings or rotor-blades, or by the Vehicle's, vessel's or thing's buoyancy in the air or atmosphere.
- Business
- means activities and operations of the Insured specified in Item 2 of the Policy Schedule and includes: a) the ownership, tenancy or occupation of premises by the Insured including the repair and maintenance of property which the Insured owns or is responsible for; b) private work carried out with the consent of the Insured for any director, partner or senior official of the Insured by an Employee provided the Employee is qualified to undertake such work; c) the provision or management of catering, social, welfare or child care facilities, sports and related facilities for the benefit of the Insured's Employees; d) the provision of the Insured's own internal fire, first aid, medical, security and ambulance services; e) participation in an exhibition, trade fair or conference by the Insured; f) conducted tours of the Insureds premises; and g) the provision of sponsorship by the Insured.
- Compensation
- means monies paid or agreed to be paid by final judgment or settlement in respect of Personal Injury, Property Damage or Advertising Injury to which this Policy applies.
- Computer Virus
- means an executable programme or computer code segment that is self-replicating, requires a host programme or executable segment in which it can be contained, and which destroys or alters the host-programme or other computer code or data, causing undesired programme or computer system operation.
- Deductible
- means the uninsured first portion of each and every Occurrence which is payable by the Insured as specified in Item 5 of the Policy Schedule. The Deductible applies to all amounts payable under this Policy including but not limited to amounts payable under Item 3 of The Cover, Defence Costs & Supplementary Payments. In the event that more than one deductible is payable for any Occurrence, then only the highest Deductible amount stated in Item 5 of the Policy Schedule will apply.
- Electronic Data
- means facts, concepts and information converted to a form useable for communications, display, distribution, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instruction for such equipment.
- Employee
- means any person employed or deemed to be employed by the Insured whether pursuant to any Workers' Compensation Law or otherwise, including but not limited to any: a) person under a contract of service or apprenticeship with the Insured; b) self-employed person working under contract with the Insured and under its direction; and c) student or person undertaking work for the Insured under a work experience of similar scheme.
- Employment Practices
- means any wrongful or unfair dismissal, denial of natural justice, defamation, misleading representation or advertising, sexual harassment or discrimination in respect of employment or prospective employment by the Insured.
- Hovercraft
- means any vessel, craft or device made to float on or in, or travel on or through the atmosphere or water on a cushion of air provided by a downward blast.
- Incidental Contracts
- means a) any written agreement or lease of real or personal property which does not impose upon the Insured: (i) an obligation to insure such property; or (ii) any liability regardless of fault; b) any written contract with any public authority for the supply of water, gas or electricity, telephone and communication services, waste disposal facilities or other essential services but only to the extent of indemnifying any such public authority in respect of liability arising out of the Business other than contracts for the performance of work or provision of services by the Insured; and c) those contracts designated in the Policy Schedule.
- Insured
- means a) the Named Insured specified in the Policy Schedule; b) any subsidiary company (including subsidiaries thereof) of the Named Insured and any other organisation under the control and active management of the Named Insured; c) any subsidiary company or organisation under the control and management of the Named Insured which are constituted or acquired by the Named Insured during the Policy Period, provided always that: (i) such constitution or acquisition is notified to us within 90 days of it first occurring and is approved by us in writing; (ii) in our absolute discretion we may apply any additional premium. d) the Named Insured's partners, executive officers, Employees, directors, shareholders or volunteers while acting within the scope of their duties on behalf of the Named Insured's Business; e) any principal to whom the Insured, designated in subparagraphs a) and b) above, is obligated by written contract or agreement to provide insurance, but only in respect of the principal's liability arising out of operations conducted by the Insured or on their behalf, and only to the extent required by such contract or agreement and in any event only for such coverage and Limit of Liability as provided by this Policy and excluding the sole negligence of the principal; and f) any office bearer or member of social or sporting clubs formed with the written consent of the Named Insured whilst acting within the scope of their duties connected with activities of any such club.
- Medical Persons
- means qualified medical practitioners, medical nurses, dentists and first aid attendants.
- Named Insured
- means the entity specified in Item 1 of the Policy Schedule.
- North America
- means a) the United States of America or Canada; b) any state, territory or protectorate incorporated in, or administered by the United States of America and/or Canada; and c) any country or territory subject to the laws of the United States of America or Canada.
- Occurrence
- means an event, including continuous or repeated exposure to substantially the same general conditions, which results in Personal Injury, Property Damage or Advertising Injury that is neither expected nor intended from the Insured's standpoint during the Policy Period. With respect to Personal Injury or Property Damage, all events of a series consequent on or attributable to one source or original cause shall be deemed one Occurrence. All Advertising Injury arising out of the same injurious material or act, regardless of the frequency or repetition thereof, the number and kind of media used or the number of claimants, shall be deemed to be one Occurrence.
- Personal Injury
- means a) death, bodily injury, sickness or disease sustained by a person and shall include mental injury, mental anguish, shock and loss of consortium; b) false arrest, false imprisonment, wrongful eviction, wrongful detention and malicious prosecution; c) libel, slander, defamation of character or invasion of privacy unless arising out of Advertising Injury; and d) assault and battery committed by or at the direction of the Insured whilst engaged in Business and for the purpose of preventing or eliminating danger to persons or property.
- Policy Period
- means the period specified in Item 3 of the Policy Schedule, or any shorter period arising as a result of cancellation of this Policy or other period for which the Policy has been altered as agreed by us in writing.
- Pollutants
- means but is not limited to any solid, liquid, biological, radiological, gaseous or thermal irritant or contaminant whether occurring naturally or otherwise, including but not limited to smoke, vapour, soot, fumes, acids or alkalis of any sort, chemicals and waste. Waste includes but is not limited to material to be recycled, reconditioned or reclaimed.
- Products
- means any goods or products which are or are deemed (whether by law or otherwise) to have been manufactured, constructed, grown, extracted, treated, imported, exported, produced, processed, assembled, erected, installed, repaired, serviced, treated, sold, supplied or distributed by the Insured, including but not limited to any packaging or labelling on, or containers holding, the good or product. Products also include the design, formulae, specifications, directions, instructions, advice or warning given or omitted to be given in connection with such products.
- Products Liability
- means Personal Injury or Property Damage arising out of the Insured's Products but only if the Personal Injury or Property Damage occurs away from premises owned by, leased to, rented to or occupied by the Insured and after physical possession or control of such products has been relinquished to others.
- Property Damage
- means a) physical damage to or destruction of tangible property including the loss of use of that property thereof. All such loss of use shall be deemed to happen at the time of the physical damage that caused it; or b) loss of use of tangible property which has not been physically damaged or destroyed provided such loss of use is caused by physical damage to or destruction of other tangible property which first happened during the Policy Period.
- Territorial Limits
- means a) anywhere in the world except in North America; b) North America but only where legally liable to pay as Compensation in respect of Personal Injury, Property Damage or Advertising Injury arising out of: (i) non-manual work carried out by the Insured's Employees, directors, officers or executives who are normally non-resident in North America; or (ii) the Insured's Products exported without the knowledge of the Insured to North America.
- Terrorism
- means the use or threatened use of force or violence against person or property, or commission of an act dangerous to human life or property, or commission of an act that interferes with or disrupts an electronic or communication system, undertaken by any person or group, whether or not acting on behalf of or in connection with any organisation, government, power, authority or military force, when the effect is to intimidate or coerce a government, the civilian population or any segment thereof, or to disrupt any segment of the economy. Terrorism shall also include any act which is verified or recognised by the government of any country in which the Insured operates or exports products into, as an act of terrorism.
- Tool of Trade
- means any Vehicle which has attached as an integral part of such Vehicle any equipment for mechanical digging, scraping, grading, slashing, mowing, drilling, lifting or levelling, whilst such equipment is being used for the purpose for which it was designed. Tool of Trade does not include any Vehicle whilst travelling to or from a Worksite or any Vehicle that is used to carry goods to or from any premises.
- Vehicle
- means any type of machine on wheels or on caterpillar tracks made or intended to be self-propelled by mechanical power, and any trailer or other attachment to be used in conjunction with any such machine.
- Watercraft
- means any vessel or craft made to or intended to float on or in or travel on or through or under water.