Protection.It’s in our nature.

Your Farm Multi-Peril Insurance Policy Document

FBD Insurance plc is regulated by the Central Bank of Ireland.

fbd.ie

Helpful notes and contact detailsImportantPlease let the Company know immediately about any event which could lead to a claim and before making any repairs. Our claims service will make the process as easy as possible for you.

ClaimsTo notify a claim call 01 7617 617.

FBD Insurance Customer serviceThe Insured can call FBD on 01 7617 617. Further information is available on the FBD website www.fbd.ie or by emailing to info@fbd.ie

For 50 years, FBD Insurance has been protecting its customers for the things that matter the most. FBD is uniquely positioned to provide expert advice to Farmers, as well as greater flexibility when it comes to tailoring policies to different business needs.

When it comes to your business, FBD know you want expert cover from a local Irish insurance provider you can trust. With 34 local offices nationwide, as well as telephone and online service and support, quality customer service is never far away. So call, drop in or go online for a quotation today.

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ContentsIntroduction to your policy 2

General conditions 3

Claims conditions 5

General exceptions 8

Section 1 – Farm Dwellinghouse & Contents 10

Section 2A – Outbuildings and Stock 20

Section 2B – Loss of Income/Additional Cost of Working 25

Section 3 – Employers’ Liability 27

Section 4 A - Public Liability 29

Section 4 B - Products Liability 32

Section 4 C - Environmental Liability 34

Section 5 – Sheep Worrying 37

Section 6 – Bulk Milk Tanks 37

Section 7 – All Risks 38

Section 8 (A), (B), (C) – Personal Accident 39

Section 9 – Livestock on Foot 42

Section 10 – Livestock in Transit 43

Section 11 – Livestock Electrocution/Flood/Collapse of Slats in Slatted House 43

Section 12 – Livestock Accidental Injury 43

Section 13 – Legal Expenses 44

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Introduction to the policyThe policyThe information provided in the completed proposal form and declaration will form the basis of the insurance contract with FBD Insurance plc (hereinafter called ‘the Company’). The Insured described in the Schedule will be (herinafter called ‘the Insured’).

This policy document, the schedule and relevant endorsements outline the cover the Company is providing to the Insured . The Insured should read these documents as one and keep them in a safe place. If they do not meet the Insured’s requirements in any way or if the Insured has any queries, please contact FBD Insurance.

The insurance provided is subject to the Insured having paid or having agreed to pay the Company the premium and will apply to events occurring within the territorial limits during the Period of Insurance or any subsequent period for which the Company may accept payment for renewal of this policy.

The Company will provide the Insured with cover subject to the terms, exclusions and conditions outlined within this policy document, the Insured’s schedule and relevant endorsements.

Duty of disclosureThe Insured has a duty to disclose to the Company all material facts. A material fact is any information likely to influence the Company’s acceptance of this insurance, the Company’s calculation of the Insured’s premium or the terms and conditions the Company apply to the Insured’s policy. Examples include claims or losses whether insured or not, criminal convictions or prosecutions pending, the cancellation of a policy by another insurer or higher premium or excess applied by another insurer to an insurance policy held by the Insured.

If the Insured is in any doubt as to whether or not any information is important, please disclose it to the Company.

Consequences of non-disclosureIf the Insured fails to disclose to the Company all material facts the Insured is likely to experience problems including:

• the Insured’s policy being treated as invalid or not having existed or cancelled,

• the non-payment of claims,• difficulties in buying insurance elsewhere,• breach of the terms and conditions attaching

to any loan.

ComplaintsIf the Insured would like to make a complaint, please contact 01 7617 617 or email info@fbd.ie.

Finance Act 1990 The appropriate stamp duty has been or will be paid to the Revenue Commissioners in line with Section 113 of the Finance Act 1990.

Insurance Act 1936All money which is paid or may be paid by the Company to the Insured under this policy will be paid in the Republic of Ireland.

Signed for and on behalf of FBD Insurance plc

Kate Tobin Chief Underwriting Officer

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General conditionsThe Insured or any other person claiming under this policy must comply with the following general policy conditions to avail of the protection provided by the policy. If the Insured or any other person claiming under this policy does not comply with them, the Company may cancel the policy or refuse to deal with the Insured’s claim or reduce the amount of any claim payment.

1. The Insured’s dutyA) The Insured must advise the Company

of all material facts when applying to the Company for insurance. A material fact is one which may influence the Company when agreeing to provide insurance or the premium the Company charges: for example, past claims or losses whether insured or not, criminal convictions or prosecutions pending, or medical history if applicable (these are examples only and not a complete list). If the Insured fails to disclose to the Company all material facts the Company is likely to treat the Insured’s policy as invalid or not having existed or cancel it.

The Company will consider the policy to be invalid and not having existed if the Insured does not truthfully provide accurate information or if the Insured fails to disclose any material fact when applying for cover. The answers and statements the Insured provides in the proposal form, statement of fact or declaration must be true.

B) The Insured must notify the Company as soon as possible of any change which may affect this insurance. The whole policy or a section of it may be avoided or come to an end without the Insured receiving any payment if the Insured does not tell the Company of any changes that happen after the policy has started. In particular the Insured must tell the Company:

i) of a change to the business or the address of the premises;

ii) of any structural change to the premises or property in the premises;

iii) if the business is wound up or carried on by a liquidator or receiver, or permanently discontinued;

iv) of any change in the occupation of any person insured under Section 8: Personal Accident;

v) where the risk of loss, damage, injury or disease is increased; or

vi) where the Insured’s interest in the insured property no longer exists (except where a will or the law says it does).

The Company will then let the Insured know of any change in the Insured’s premium or the Insured’s cover. Cover will only apply when any changes have been advised to the Company and the Company have agreed in writing to cover them.

The list above does not show all the changes the Insured must tell the Company of. Please contact FBD Insurance if the Insured is in any doubt about the importance of a change in circumstance.

C) The Insured has a continuing obligation to observe and fulfil the terms, provisions, conditions and endorsements of this policy in so far as they relate to anything to be done or complied with by the Insured. These requirements must be strictly carried out by the Insured otherwise no person will be entitled to make a claim under this policy.

2. Take reasonable careThe Insured must take all reasonable steps (at the Insured’s own expense) to:

A) maintain all premises, buildings, facilities, machinery, equipment and vehicles in proper repair;

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B) prevent or reduce the risk of bodily injury, nuisance, or loss or damage to property, any interruption to or interference with the business;

C) prevent straying;

D) make good any fault or danger as soon as it is discovered and, in the meantime, ensure any additional precautionary action is taken to prevent damage or injury and to minimise any interruption to or interference with the business;

E) take all reasonable steps to comply with all statutory laws, regulations and obligations.

3. Cancellationa) The Insured may cancel the policy by

providing written cancellation instructions in line with the Company’s Terms of Business. As long as no claim has been made or is pending in the current Period of Insurance the Insured will receive a refund of the premium paid for the Period of Insurance left to run, less any cancellation charge.

b) The Company may cancel this policy in line with the Company’s Terms of Business, by sending the Insured seven days’ notice in writing to the Insured’s last known address. As long as no claim has been made or is pending in the current Period of Insurance the Insured will receive a refund of the premium paid for the Period of Insurance left to run.

If the Insured’s policy is cancelled and the Insured is due money back, with the Insured’s agreement, this money will be offset against any payments due on any other FBD policy.

4. Survey and risk improvement Cover under this policy is subject to the right of the Company to have a risk survey carried out by an authorised surveyor. The Company reserves the right to impose risk improvement requirement(s) on receipt of the survey.

The Insured shall implement any risk improvement requirement(s) specified by the Company within a period to be specified by the company and advised to the Insured in writing.

5. Payment of premiums The Insured must pay all amounts due in the Period of Insurance on time and in full. If the Insured does not, the Insured will not be covered.

a) Annual payments: The amount must be paid in full and the payment cleared by the Company.

b) Direct debit payments: If the premium is paid by instalments, these will be collected on the cover start date selected by the Insured and on the same day of each of the subsequent instalment months.

If the Insured does not pay an instalment or if the Insured requests their bank to refund an instalment, the Insured’s policy will be cancelled in line with the Company’s Terms of Business. This will apply even if the Insured has already paid one or more instalments.

6. Inflation ProtectionThe Company may adjust the sums insured on the Insured’s Farm Dwellinghouse Buildings and Contents under Section 1 and the Insured’s Outbuildings Buildings and Contents Therein under Section 2A in line with suitable indexes. The Company do this to help the Insured against inflation. Inflation protection or index linking works in the following way:

• If the index increases the Insured’s sum insured, the Insured’s premium at renewal will be based on the increased sum insured after the index linking has been applied.

• If the index falls, the Insured’s sum insured will remain at the same level.

• Inflation protection will only apply to the Farm Dwellinghouse Buildings and Contents under Section 1 and the Outbuildings

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Buildings and Contents Therein under Section 2A.

7. AverageThe sum insured by each property item is declared to be separately but similarly subject to the following condition of average:

Condition of Average: Whenever a sum insured is declared to be subject to average, if the property covered thereby shall at the breaking out of any fire or at the commencement of any destruction of or damage to such property by any other peril hereby insured against be collectively of greater value than such sum insured, then the Insured shall be considered as being his/her own insurer for the difference and shall bear a rateable share of the loss accordingly.

Claims ConditionsThe Insured or any other person claiming under this policy must comply with the following claims conditions to avail of the full protection provided by the policy. If the Insured or any other person claiming under this policy does not comply with them, the Company may refuse to deal with the Insured’s claim or reduce the amount of any claim payment.

1. The Insured’s obligationsA) On the discovery of any circumstance or

event which may give rise to a claim under this policy, the Insured must:

i) Notify the Company immediately, either in writing or by telephone. If the Insured is not involved personally in an event, the Insured must advise the Company within 48 hours of becoming aware of such an event, providing all details the Insured is aware of or has obtained;

ii) Report to the Garda Síochána (or other policing authority in the jurisdiction where the insured damage occurs) within

24 hours any loss or damage connected to a claim for theft, attempted theft, or any other malicious and deliberate act;

iii) Carry out and permit any action to be taken which may be reasonably practicable to diminish the loss, prevent further loss, destruction or damage, and to minimise any interruption to or interference with the business;

iv) Within 30 days (7 days in the case of loss, destruction or damage caused by riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances or malicious persons, if insured by this policy) at the Insured’s own expense, deliver to the Company:

a) full information in writing of the claim; and

b) details of any other insurance on any property or liability covered by this policy.

B) Immediately on receipt, the Insured must forward to the Company:

i) any letter, claim, legal proceedings, including every writ, personal injury summons, civil bill, civil summons, or other notice in connection with any event which may give rise to liability;

ii) any correspondence, communication or notice from the Personal Injuries Assessment Board of Ireland (known also as InjuriesBoard.ie) in connection with any event which may give rise to liability under this policy.

C) The Insured must give the Company written notice immediately if the Insured has knowledge of any prosecution or inquest in connection with any event which may give rise to liability under this policy.

D) The Insured must give the Company all information and assistance as and whenever the Company may require.

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E) The Insured must not admit responsibility or make an offer or promise of payment or reimbursement without the Company’s written consent.

F) Additional obligations in relation to Livestock claims.

On the DEATH OF ANY ANIMAL in respect of which this Insurance may apply the Insured/Claimant shall:

(i) IMMEDIATELY GIVE NOTICE thereof to the Company by telephone or in writing.

ii) The Insured at his/her own expense shall WITHIN FOURTEEN DAYS after the request to do so furnish to the Company such information accompanied by such veterinary certificates, and satisfactory proofs as to death, identity and value of the animals as the Company may require.

iii) Give the Company an opportunity of inspecting the carcase by not cutting or disposing of it until the expiration of at least twenty-four hours after such notice shall have been received by the Company.

iv) The Insured shall notify a Veterinary Surgeon immediately in the event of injury to any animal and have such animal treated as necessary.

No claim under this policy shall be payable unless the terms of this claims condition are complied with fully.

2. Discharge of liability All the sums insured, limits of indemnity and any other restrictions on the amount of the Company’s liability, as shown in this policy, will apply as maximum limits to the Company’s liability, irrespective of the number of persons entitled to indemnity under this policy.

For the purposes of the sums insured, limits of indemnity and any other restrictions on the amount of the Company’s liability, the Insured and all other persons entitled to indemnity

under this policy shall be treated as one party or legal entity so that there will be only a single contract of insurance between the Company as one party and the Insured and all other persons entitled to indemnity as the other party.

The Company may at any time pay the limit of indemnity or limit of liability or the sum insured (after the deduction of any sum already paid), or any lesser amount for which a claim can be settled, and shall be under no further liability except for the payment of costs and expenses incurred prior to the date of payment. The Company will then relinquish control of such claim and be under no further liability thereof.

In the event of a claim under Public Liability (Section 4A) or Products Liability(Section 4B), resulting in an amount or amounts recoverable by any person from the Insured exceeding the relevant limit of indemnity, the Company’s liability for associated costs and expenses shall be limited to the same proportion as the relevant limit of indemnity bears to the amount recoverable from the Insured.

3. The Company’s rights in the event of a claim or recoveryA) To salvage

Without accepting any responsibility or limiting the Company’s right to rely upon any condition of this policy, the Company will have the right to enter, take or keep possession of:

i) The building where the loss or damage has happened; and

ii) Any of the property insured and to ask for it to be provided to the Company. The Company will deal with such property for all reasonable purposes and in a reasonable manner.

The Insured may not abandon any property to the Company for the Company to deal with.

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B) To defend or settle legal action

The Company can take over and manage proceedings in the Insured’s name, or in the name of any other person insured under this policy. This may be to defend, settle or prosecute, for the Company own benefit, any claim for insurance cover or damages.

C) To take legal action to recover payment

The Company can take proceedings in the Insured’s name, or in the name of any other person insured under the policy to recover any payment the Company have made under the policy, for our own benefit and at the Company’s own expense.

D) To the Insured’s co-operation

The Company can decide how any proceedings and claim settlements are handled. The Insured, or any other person insured under the policy, must give all information and help which the Company require.

E) Reinstatement

If the Company elect or become bound to reinstate or replace any property, the Insured shall (at the Insured’s own expense) produce and give to the Company all such plans, documents, books and information as the Company may reasonably require.

The Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in a reasonably sufficient manner, and shall not in any case be bound to expend in respect of any one of the items insured more than the item’s sum insured.

4. FraudIf the Insured or any person entitled to cover under this policy makes a claim knowing it to be false or fraudulent in any way, or if damage is caused by any deliberate act by the Insured or with the Insured’s consent or involvement or the involvement of anyone acting on the Insured’s

behalf, then all cover under the policy will be forfeited.

5. Contribution - other insurancesParagraphs A and B below apply to all sections except Section 8: Personal Accident:

A) If at any time of any claim there is any other insurance covering the Insured’s interest in the property that is lost, destroyed or damaged, our liability under this policy shall be limited to its rateable proportion of such claim;

B) If any such insurance is subject to any condition of average, this policy (if not already subject to any condition of average) shall be subject to average in like manner;

C) If, at the time of any occurrence, event or claim covered by this insurance, there is (or but for the existence of this policy would be) any other policy of indemnity or insurance which is in favour of, or effected by the Insured or on the Insured’s behalf, and which is applicable to such occurrence, event or claim, the Company shall not be liable under this policy to indemnify the Insured in respect of such occurrence, event or claim, except as far as concerns any excess beyond the amount which would have been payable under such other insurance had this policy not been effected.

6. Arbitration – Settlement of disputesAny dispute relating to a claim between the Insured and the Company under this policy will be referred to arbitration. The appointment of the arbitrator will be by agreement between the Insured and the Company. If the Company cannot agree, an arbitrator will be appointed by the authorised body identified in the current arbitration legislation. If the disputed claim is not referred to arbitration within 12 months of the Insured’s claim being turned down, the Company will treat the claim as abandoned.

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General exceptions of the policyThe Company will not pay for the following.

1. Radioactive contaminationAny loss, damage, cost, expense, liability or injury directly or indirectly caused by, contributed to or arising from:

A) ionising radiation from or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

B) the radioactive, toxic, explosive or any other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

C) any weapon, tool or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;

D) any radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter.

2. Sonic bangs Any loss, damage, cost, expense, liability or injury which arises directly or indirectly from pressure waves caused by aircraft or other devices travelling at sonic or supersonic speeds.

3. Consequential lossAny loss, damage, cost, expense, liability or injury which arises directly or indirectly from consequential loss unless otherwise stated.

4. Date recognitionAny claim of whatsoever nature which arises directly or indirectly from, or is traceable to the failure or inability of, any:

A) electronic circuit, microchip, integrated circuit microprocessor, embedded system

hardware, software, firmware, program, computer equipment, telecommunication or systems or any similar device; or

B) media or systems used in connection with any of the foregoing, whether the property of the Insured or not, to:

i) correctly recognise any date as its true calendar date;

ii) capture, save, retain and/or correctly manipulate, interpret or process any data, information, command or instruction as a result of treating any date otherwise than as its true calendar date;

iii) capture, save, retain, or correctly process any data as a result of the operation of any command which has been programmed into any computer software as a command which causes the loss of data or the inability to capture, save, retain or correctly process such data on or after any date.

This exclusion shall not apply to any subsequent damage or business interruption which may arise from any such failure where such damage and/or loss is covered under the terms of this policy.

5. Cyber riskAny loss, damage, cost, expense, liability or injury from the loss of, or damage to, or a change in, or a reduction in the ability to work, availability or operation of:

a) a computer system;

b) hardware;

c) program;

d) software;

e) data;

f) information repository;

g) microchip;

h) integrated circuit or similar device in computer equipment or non-computer

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equipment, caused by or resulting from the malicious or negligent transfer, electronic or otherwise, of a computer program that contains a malicious or damaging code.

A damaging code can include but is not limited to:

a) computer virus;

b) logic bomb;

c) trojan horse; or

d) a deletion, corruption or defamation of the original structure.

6. WarAny loss, damage, cost, expense, liability or injury caused as a consequence of war, invasion, act of foreign enemy, hostilities or armed conflict (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.

7. TerrorismAny loss, damage, cost, expense, liability or injury directly or indirectly caused by, contributed to or arising from:

A) An act of terrorism, regardless of any other cause or event contributing to a loss, including any action taken to control, prevent or suppress or in any way relating to an act of terrorism.

The Company defines an act of terrorism as an act or threat of force or violence by any person or group, whether acting alone or on behalf of or in connection with any organisation or government committed for political, religious, ideological, ethnic or similar purpose to influence any government or to place the public, or any section of the public, in fear.

B) Biological or chemical contamination, missiles, bombs, grenades or explosives due to any act of terrorism.

Biological or chemical contamination, missiles, bombs, grenades or explosives due to any act of terrorism. The Company defines contamination as contamination, poisoning or preventing or limiting the use of objects due to the effects of chemical or biological materials.

If the Company allege that, by reason of this general exception, any loss, damage, cost or expense is not covered by this policy the burden of proving the contrary shall be on the Insured. In the event that any part of this general exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

8. Genetically Modified CropsAny loss, damage, cost or expense of whatsoever nature or any legal liability for personal injury to third parties or damage to property belonging to third parties directly or indirectly caused by, resulting form or in connection with

a) the research into, testing of, production or supply of any genetically modified crop or genetically modified organism, where liability may be attributed directly or indirectly to the genetic characteristics of such crop or organism.

b) the presence of such crop or organism other than where contained in feed products purchased for use as animal feed on the farm.

9. Communicable diseasesAny loss, damage, cost, expense, liability or injury directly or indirectly caused by communicable diseases.

10. AsbestosAny loss, damage, cost, expenses, liability directly or indirectly caused by, arising from or involving asbestos, except for bodily injury

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or damage caused by anything containing asbestos, if the asbestos is not in itself a direct or indirect cause of the bodily injury or damage.

11. Electromanetic fieldsAny loss, damage, cost, expenses, liability directly or indirectly contributed to by, exposure to magnetic, electric or electromagnetic fields, or radiation.

Section 1 – Farm Dwellinghouse & ContentsThe Company shall by payment, reinstatement or repair at the Company’s option:

Indemnify the Insured (as specified in Section1 of the Schedule under the heading “Sum Insured”) in respect of Loss of or Damage to:

The Buildings:The Insured’s Farm Dwellinghouse which is built of brick, stone or concrete and roofed with slates, tiles, concrete, asphalt, metal, or sheets or slabs composed entirely of incombustible mineral ingredients (except as shown on the Proposal and accepted by the Company) and all the domestic offices, which shall be deemed to include garages used for domestic purposes only, on the same premises and used in connection therewith, including landlord’s fixtures and fittings therein and thereon and walls, gates and fences immediately around the dwellinghouse and pertaining thereto and/or

The Contents:Household goods and personal effects of every description (including money and stamps not forming part of a stamp collection, and not exceeding €650 and office furniture and equipment to an amount not exceeding €3,800) and fixtures and fittings, but excluding any part of the Buildings, interior decoration

(unless the Insured is liable as a tenant) property more specifically insured and, unless specifically mentioned, deeds, bonds, manuscripts, medals and coins, motor vehicles and accessories (other than ride-on lawn mowers up to a value of €6,500), caravans, trailers and livestock, being the property of the Insured (or for which the Insured is responsible) or to any members of the Insured’s family permanently residing with the Insured and all contained within the Insured’s Farm Dwellinghouse situated as stated in the Schedule.

Scheme A – ComprehensiveI. Loss of or damage to the Farm Dwellinghouse and/or contents caused by:-1. Fire, Explosion, Lightning, Thunderbolt,

Earthquake.

2. Smoke but not smog nor any gradually operating cause or process nor agricultural operations.

3. Aircraft and other aerial devices or articles dropped therefrom.

4. Riot, Civil Commotion, Strikes, Labour Disturbances, Malicious Persons or Vandals excluding:i) damage to boundary walls, fences and

gates;

ii) damage by any person lawfully in the building.

5. Removal (or attempted removal) of contents by unauthorised persons, excluding:a) Loss of cash, currency notes, bank notes

and stamps not involving entry to or exit from the Farm Dwellinghouse by forcible and violent means

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b) loss, destruction or damage to contents not involving entry to or exit from the Farm Dwellinghouse by forcible and violent means whilst the Farm Dwellinghouse is lent, let or sublet.

6. Storm, Tempest or Flood excluding:i) destruction or damage by Frost,

Subsidence or Landslip;

ii) destruction of or damage to fences and gates.

7. Breakage or collapse of television and radio receiving aerials, aerial fittings and masts.

8. Escape of water from any fixed water or heating installation or domestic appliance but excluding loss or damage to any fixed water or heating installation or domestic appliance caused by wear, tear or deterioration.

9. Impact with the Farm Dwellinghouse by any road vehicle horses or cattle, not belonging to or under the control of the Insured or any member of his/her family or household residing with him.

10.Leakage of Oil from any fixed oil fired heating installation excluding all costs and expenses which may be incurred prior to agreement by the Company. The Company retains exclusive right to the appointment of suitable remediation consultants and contractors.N.B. For the purpose of this contingency the term “Dwellinghouse” shall include tarmacadam drives and pathways, immediately around and pertaining thereto.

11.Subsidence, Landslip or Ground Heave excluding:-a) the first €1,000 of each and every loss;

b) damage by river or coastal erosion;

c) damage by bedding down of any buildings or the settlement of newly made-up ground;

d) damage to swimming pools, terraces, drives, footpaths, boundary walls, gates or fences, unless the buildings are also damaged at the same time.

12.Falling Trees or parts thereof, excluding:-a) loss or damage caused by the felling or

lopping of trees by or on behalf of the Insured

b) loss of or damage to fences and gates.

13.Accidental Damage cover to the Buildings of the Farm Dwellinghouse in addition to the events covered under Items (1) to (12) of this Section excluding loss or damage caused by:a) wear and tear or gradual deterioration,

insects, vermin, corrosion, rats, mildew, fungus, atmospheric conditions, the action of light, any process of heating, drying, cleaning, decorating, alteration or repair, misuse, faulty workmanship or design, the use of faulty materials, or breakdown.

b) chewing, scratching, tearing or fouling by domestic pets.

c) damage excluded under Items (1) to (12).

N.B. Cover does not operate if the Farm Dwellinghouse or any part of the Farm Dwellinghouse is lent, let, sub-let, unfurnished or unoccupied.

II. Additional benefits provided under Section 1 - Scheme A

The Company further agrees to indemnify the Insured in respect of:

14.Underground Pipes and Cables Accidental Damage to underground water pipes, gas pipes, underground electricity cables, for which the Insured is legally liable:-

a) in respect of water and gas pipes: those pipes extending from the mains to the private land.

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b) in respect of electricity cables: cables not exceeding 15 metres in length.

15.Contents Temporarily RemovedLoss or damage to Contents (excluding money) whilst they are temporarily removed elsewhere in Ireland, United Kingdom or the Continent of Europe caused by the Insured Perils excluding:-

a) Damage by Storm or Flood to property not in a building

b) Theft other than:

i) from a Bank;

ii) from any building where the Insured or any member of his/her family who normally resides with him/her is residing, employed or engaged in business.

c) Property otherwise insured or removed for sale or exhibition or to a furniture depository.

The Company’s liability for loss or damage by this extension is limited to 15% of the Total Sum Insured on the Contents by this Section.

16.Domestic Servants Goods (NOT OTHERWISE INSURED)Loss or Damage caused by the said Perils to Clothing and Personal goods (other than cash, currency notes, bank notes and stamps) of the Insured’s Domestic Servants whilst in the Insured’s Farm Dwellinghouse aforesaid or any Private Dwelling, Boarding House, Lodging House, Hotel or Inn in Ireland or the United Kingdom in which such Domestic Servants are residing with the Insured or any member of his family as aforesaid.

17.Fixed Glass and Sanitary FittingsAccidental Breakage of mirrors other than hand mirrors, fixed glass and fixed sanitary fittings.

18.Theft of Contents in the OpenLoss of Property in the open caused by stealing or attempted stealing whilst within the boundary of the site on which the Farm Dwellinghouse stands. The maximum amount payable under this extension shall not exceed €650.

19.Food in Freezer Accidental loss of or damage to Food in Freezer caused by rise or fall in temperature provided such loss or damage does not arise from a deliberate act of the Insured or any power supply authority or the withholding or restricting of power by such authority. The maximum amount payable under this extension shall not exceed €500.

20.Loss of Central Heating Fuel OilAccidental loss of Central Heating Fuel Oil by any of the Contingencies described by Items (1) to (13). The maximum amount payable under this extension shall not exceed €650.

21.Door Lock ReplacementThe cost of replacing external door locks in the Farm Dwellinghouse where the keys of such locks have been stolen following a break-in at the Farm Dwellinghouse. The maximum amount payable under this extension shall not exceed €650.

22.Unauthorised Use of Credit CardsFinancial loss incurred by the Insured or any member of the Insured’s family permanently residing with the Insured resulting from the unauthorised use of personal cheques or any credit, bankers or cash dispenser cards which have been stolen from the Farm Dwellinghouse referred to in the Schedule. PROVIDED THAT the Insured shall notify the appropriate issuing house within 24 hours of the discovery of the loss. The maximum amount payable under this extension shall not exceed €650.

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23.Accidental Damage to Audio/Video and Computer EquipmentAccidental Damage to television sets, audio, video and home computer equipment while they are in the Farm Dwellinghouse excluding:

a) damage by wear and tear.

b) damage by electrical or mechanical breakdown or misuse.

c) damage caused during any process of cleaning, maintenance, repair or dismantling.

d) damage to records, tapes, cassettes, discs and software.

Subject to a limit of €1,300 any one loss.

24.Trace and AccessThe cost of removing or replacing any part of the Buildings necessary to repair any fixed household water or heating installation which has caused an escape of water or oil but excluding loss or damage to the component or appliance from which the water or oil has escaped. The maximum amount payable under this extension shall not exceed €650.

25.Alternative AccommodationReasonable additional expense necessarily incurred by the Insured in renting alternative accommodation in consequence of the said Farm Dwellinghouse being so damaged by any of the Perils specified above as to be rendered uninhabitable but only in respect of the period necessary for reinstatement and not exceeding 15% of the total sum insured on the Farm Dwellinghouse as shown in the Schedule.

26.Fatal Injury Benefits In the event of fatal injury to the Insured or Spouse occurring in the Farm Dwellinghouse specified hereto occasioned by outward and

visible violence caused by burglars, or by fire, at which a Fire Brigade is in attendance, the sum of €30,000 provided death ensues within three calendar months of such injury.

The liability of the Company under this item during any Period of Insurance is limited to the said sum of €30,000 and in the event of two or more persons other than husband and wife, being named as “the Insured”, the amount recoverable under this item in respect of each shall be limited, unless otherwise herein provided, to a proportionate part of the sum payable hereunder.

27.Jury Service ExpensesIn the event of the Insured or his/her spouse serving on a jury in any court in the Republic of Ireland, the Company will pay to the Insured the sum of €25 per day up to a maximum of €650 in any one Period of Insurance.

28.Temporary Contents IncreaseThe sum insured on Contents is increased by 20% for a period of 30 days before and 30 days after the date of the wedding of the Insured or any member of his/her family whether permanently residing with him/her or not to cover wedding presents, whilst in the Insured’s private dwellinghouse, and for the period from 1st December to 7th January annually.

29.Title DeedsThe cost of preparing new Title Deeds to the Property if they are lost or damaged by any of the perils insured by this Policy while in the Farm Dwellinghouse or in a bank for safe-keeping up to a limit of €1,000.

30.Home Emergency AssistanceAs outlined in Section 1 Scheme A - Comprehensive item IV of the policy.

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III. Excess [An Excess is the first amount of any claim payable by the Insured]The Insured shall be liable for the first €200 of each and every loss under Items (1) to (10) and (12) to (16) above, as ascertained after the application of the Condition of Average.

IV. Home emergency assistance - 1890 583 583The Insured’s schedule will confirm if this benefit applies to this policy.

Home emergency assistance provides a 24 hours, 365 days a year service, through our service provider Mapfre Assistance Agency Ireland, in the event of a household emergency. The Insured must call the assistance number provided to notify the Company of the emergency and the Company will only be responsible for expenses incurred with the Company’s prior approval.

If the Farm Dwellinghouse has been broken into the Insured should notify An Garda Síochána prior to calling the home emergency assistance line.

An emergency is an unexpected or sudden event which results in damage to the Farm Dwellinghouse which requires immediate action to make it safe and secure it against further loss or damage.

The Company’s excess will not apply to a claim made under this section unless one is specifically referred to in the Insured’s schedule.

It is important that the Insured give the following information when calling the home emergency assistance service.

a) The Insured’s home and mobile telephone number.

b) The Insured’s full home address.

c) The Insured’s policy number.

d) A description of the problem.

Events insured

Part A – Emergency servicesEmergency repairs are the repairs necessary to make the Farm Dwellinghouse safe and secure it against further loss or damage following an unexpected or sudden occurrence which results in damage needing immediate action.

The Company will provide an emergency repair service to secure the Farm Dwellinghouse and prevent further loss or damage from happening, following an emergency arising from one of the following events:

1. Broken or damaged piping, leaks from sanitary fixtures and fittings and fixed water installations within the Farm Dwellinghouse.

2. Failure of the electrical supply within the Farm Dwellinghouse due to a fault or damage to the electrical installation inside the home.

3. The Farm Dwellinghouse being made insecure or if entry is obstructed due to:• loss of keys,

• damage to locks,

• as a result of theft,

• any other accidental cause,

• in the event a child has locked themselves in a room.

4. Storm damage or any other accidental damage to the roof which renders the Farm Dwellinghouse insecure.

5. Broken glass in outside windows or doors which makes the Farm Dwellinghouse insecure.

Cover providedThe Company will pay the cost of the callout, labour and materials which are necessary for

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the emergency repair work, up to a maximum amount of:

1. €200 for each emergency, and

2. €254 for glazing.If the repairs cost more than these amounts the Insured will be responsible for paying the difference. If the Insured has a valid claim under Section 1 Scheme A the Company will refund any repair cost you the Insured pays.

Exclusions to Part AThe Company will not pay for:

1. The repair of damage arising from seepage, leaking or dampness even as a result of breakage or damage of the piping or other installation.

2. The repair of air conditioning installations, electrical showers, water filtration units, jacuzzis, drains and septic tanks outside the Farm Dwellinghouse.

3. Repair to lighting, including bulbs or fluorescent tubes, free-standing electrical installations such as lamps, home appliances.

4. Alarm or telephone systems.

5. Any work to:• inside doors or fittings,

• outside doors not leading directly to the Farm Dwellinghouse,

• mechanical shutters or automatic garage doors,

• double glazed units where one pane has remained intact,

• any Farm Dwellinghouse in the course of construction or under refurbishment or renovation.

Part B – Follow up servicesWhen the Company have carried out an emergency repair covered under Section A the Company will also provide the following

benefits.

1. Urgent message relay - when an emergency occurs within the Farm Dwellinghouse, the Company will pass on an urgent message to a family member at home or abroad.

2. Essential information - if the Insured needs the number of an essential service urgently, simply call 1890 583 583 and the Company will provide the contact number for services like a hospital, garda station, fire brigade or 24 hour pharmacy.

Exclusions common to Part A and Part BThe Company will not pay for:

1. Any work other than emergency repair as specified.

2. Any work undertaken which is not within the Farm Dwellinghouse.

3. Any costs incurred without our prior approval.

4. An emergency brought about by an avoidable or deliberate act committed by anybody lawfully in or about the Farm Dwellinghouse.

5. Damage to the Insured’s contents.The general policy exclusions will apply to the cover provided under this section.

Conditions common to Part A and Part BThe Company will only provide the home assistance benefits described in the policy once the Insured has complied with all its terms and conditions.

a) The Company will not pay any benefit unless the Insured has notified the Company by calling the contact number and the Company has authorised assistance.

b) The Insured must quote the Insured’s policy number when calling for assistance and then produce relevant identification on the request of the operator, tradesman or any other of the Company’s agents.

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c) The Insured cannot transfer the benefits of this policy to anyone else.

d) The Insured should keep the Farm Dwellinghouse in a good state of repair.

e) The Insured will need to replace or repair any parts of the Farm Dwellinghouse which are failing or showing signs of wear and tear as soon as possible after the Insured notices a problem.

f) The Company’s home emergency assistance cover is limited to a maximum of 3 emergency assists in any one 12 month Period of Insurance. After the third assist, the Insured’s home emergency assistance cover no longer provides any protection.

g) While the Company does it’s best to arrange prompt service for all emergencies, the service levels cannot be guaranteed at times of severe weather conditions which last for a long period of time such as bad storms. At these times there may be a foreseeable likely shortage of tradespersons available to deal with individual emergencies.

h) This section provides home emergency assistance only. It does not replace the cover provided by Section 1 Scheme A and does not provide for the cost of normal wear, tear, depreciation or general maintenance.

Scheme B - Fire, Lightning, Explosion & Aircraft OnlyLoss of or damage to farm dwelling house and/or contents caused by:-Fire, Lightning, Explosion, Aircraft and other aerial devices or articles dropped therefrom excluding the first €200 of each and every loss as ascertained after the application of the Condition of Average.

Special conditions and exceptions - Scheme A and Ba) Purchaser’s Interest:

If at the time of destruction or damage to any building hereby insured the Insured shall have contracted to sell his/her interest in such building and the purchase shall not have been but shall be thereafter completed, the purchaser on the completion of the purchase, if and so far as the property is not otherwise insured by or on behalf of the purchaser against such destruction or damage, shall be entitled to the benefit of this Policy so far as it relates to such destruction or damage without prejudice to the rights and liabilities of the Insured or the Company under this Policy up to the date of completion.

b) Single Article Limit:

No one curio, picture or other work of art or article of gold, silver or other precious metal, jewellery or fur shall be deemed of greater value than five percent of the total sum insured on Contents, unless specifically insured as a separate item.

c) Limit for Valuables:

The total value of articles of gold, silver, or other precious metal, jewellery and fur shall be deemed not to exceed one-third of the total sum insured on Contents, unless specifically agreed herein.

d) Unfurnished and Unoccupied Farm Dwellinghouse:

The insurance against removal (or attempted removal) of Contents by unauthorised persons, or bursting or overflowing of water tanks, apparatus or pipes or, leakage of oil from any fixed oil fired heating installation shall not apply whilst the Farm Dwellinghouse is left unfurnished and further in the event of the said Farm Dwellinghouse being left without an inhabitant therein for more than 90 days

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whether consecutively or not in any one term of insurance such insurance shall as regards Loss or Damage to the Building and Contents be entirely suspended in respect of any period during which the Farm Dwellinghouse may be unoccupied in excess of the aforesaid 90 days.

Special clauses - Schemes A and B1. Public Authorities Clause

The Insurance on “Buildings” extends to include such additional cost of reinstatement of the destroyed or damaged property thereby insured as may be incurred solely by reason of the necessity to comply with Building or other Regulations under or framed in pursuance of any Act of the Oireachtas or with Bye-Laws of any Municipal or Local Authority provided that:-

1. The amount recoverable under this extension shall not include:a) the cost incurred in complying with

any of the aforesaid Regulations or Bye-Laws

i) in respect of destruction or damage occurring prior to the granting of this extension;

ii) in respect of destruction or damage not insured by the Company under which notice has been served upon the Insured prior to the happening of the destruction or damage;

iii) in respect of undamaged property or undamaged portions of property, other than foundations (unless foundations are specifically excluded from the insurance by this Policy) of that portion of the property destroyed or damaged;

b) the additional cost that would have been required to make good the

property damaged or destroyed to a condition equal to its condition when new had the necessity to comply with any of the aforesaid Regulations or Bye-Laws not arisen.

c) the amount of any rate, tax, duty, development or other charge or assessment arising out of capital appreciation which may be payable in respect of the property or by the owner thereof by reason of compliance with any of the aforementioned Regulations or Bye-Laws.

2. The work of reinstatement must be commenced and carried out with reasonable despatch and may be carried out wholly or partially upon another site (if the aforesaid Regulations or Bye-Laws so necessitate) subject to the liability of the Company under the extension not being thereby increased.

3. If the liability of the Company under this Section apart from this extension shall be reduced by the application of any of the terms and conditions of the Policy, then the liability of the Company under this extension (in respect of any such Item) shall be reduced in like proportion.

4. The total amount recoverable under any item of the Section shall not exceed the sum insured thereby.

5. All the conditions of the Policy except in so far as they may be hereby expressly varied shall apply as if they have been incorporated herein.

2. Basis of Settlement of ClaimsIt is agreed that except for articles of wearing apparel and household linen, any claim admitted will be settled without deduction for wear, tear or depreciation provided that:

a) the sums insured represent the replacement cost of the Contents and/or

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the cost of reconstruction of the Buildings in the same size and condition as new.

b) the Buildings have been maintained in good repair.

and in the case of Buildings:

c) reinstatement is carried out without due delay.

d) only partial payment shall be made until reinstatement has taken place.

The Company may use partial payments and/or hold back a percentage of the agreed claim settlement amount until the rebuilding or repair work has been completed. The final amount retained is generally in the region of 25%. The Company will pay this amount once satisfied that the works have been completed according to the scope and cost agreed and a final invoice is submitted.

The Company will provide a reasonable time period for completion of the rebuilding or repair works and receipt of the final invoice. This will be outlined in writing and is usually three months. The Company will send a reminder before this time period expires. An extension of the time period will be considered in certain circumstances.

If the Company does not receive a final invoice and satisfactory confirmation that the works have been completed according to the scope and cost agreed, within the agreed time period, the claim file will be closed. The claim will then be viewed as having been settled in full.

3. Accidents to ServantsIn the event of Bodily Injury or Disease caused during the Period of Insurance to any domestic servant or childminder, carer or home help and occasional employees or any person carrying out repairs or decorations while in the employ of the Insured in connection with the Insured’s Farm Dwellinghouse and not being a member of the insured’s family or household.

The Company will indemnify the Insured against liability at law for damages and claimant’s costs and expenses in respect of such bodily injury or disease (other than liability attaching by virtue of a contract or agreement which would not have attached in the absence of such contract or agreement). In addition the Company will indemnify the Insured for costs and expenses incurred by the Insured with its written consent.

ProVided that:1. The total liability of the Company under

this Section for all payments:a) in respect of or arising out of any one

occurrence or in respect of or arising out of all occurrences of a series consequent on or attributable to one source or original cause shall not exceed €13,000,000

b) shall be unlimited during any one Period of Indemnity.

2. If the Company shall offer to pay the Insured the full amount of the Company’s liability for any bodily injury (or illness) or disease according to the terms of this Section it shall not be bound to defend any action or be liable for any costs or expenses which the Insured may incur in defending such action.

3. No cover is provided under Accidents to Servants heading in respect of any liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including limits of indemnity, conditions and exclusions.

4. Liability attaching from the Farm DwellinghouseThe Company will indemnify the Insured against liability for:

a) bodily injury to any person not being a member of the Insured’s family or

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household nor at the time of sustaining such injury engaged in the service of the Insured.

b) damage to property not belonging to or in the charge of or under the control of the Insured or of a member of his/her family or household or of a person in his/her service.

arising out of the Insured’s ownership and/or occupancy of the Farm Dwellinghouse portion of the Insured’s property or caused by the fault or negligence of the Insured in a private capacity.

PROVIDED ALWAYS that the amount payable hereunder in respect of any one accident or series of accidents constituting one occurrence shall not in any case exceed the sum of €2,600,000 in addition to:-

a) Costs and expenses recoverable from the Insured by any claimant provided such costs and expenses were incurred before the date (if any) on which the Company shall have paid or offered to pay either the full amount of the claim or the total amount recoverable in respect of any one occurrence as hereinbefore provided.

b) Costs and expenses incurred by the Insured with the consent of the Company.

Claims are excluded:i) In respect of injury or damage arising out

of or incidental to the Insured’s business of Farmer or any business undertaken by the Insured or a member of the Insured’s family or household other than the provision of a child minding facility for not more than 3 children.

ii) In respect of injury or damage arising out of or the use of lifts, any water or airborne vessel or craft or any mechanically propelled vehicle. However, this exclusion shall not apply to pedestrian controlled gardening implements or ride-on lawn

mowers used in non-Road Traffic Act circumstances.

iii) In respect of liability arising out of any contract of indemnity which imposes upon the Insured liability which the Insured would not otherwise have been under.

iv) In respect of any liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including limits of indemnity, conditions and exclusions.

In the event of the death of the Insured the Company will in respect of the liability incurred by the Insured indemnify the Insured’s legal personal representatives in the terms of and subject to the limitations of this Section provided that such personal representatives shall as though they were the Insured observe fulfil and be subject to the terms, exceptions and conditions of the Policy so far as they can apply.

For the purpose of this extension the expression “the Insured” shall be deemed to include the husband or wife of the Insured or any member of the Insured’s family normally residing with the Insured.

5. Architects’, Surveyors’, Consultants’, Legal and Other Fees:The insurance by each Item on Buildings under Sections 1 and 2A includes an amount in respect of architects’, surveyors’, consulting engineers’, legal and other fees necessarily incurred in the reinstatement of the property insured consequent upon its destruction or damage but not for preparing any claim. The amount payable for such fees shall not exceed those authorised under the Scale of Professional Charges of the Royal Institute of Architects of Ireland, the Chartered Surveyors Institute, the Association of Consulting Engineers and the

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Law Society as the case may be, provided that the liability for such destruction or damage and fees shall not exceed in the aggregate the Sum Insured by each item.

6. Removal of Debris:It is understood that the insurance on each building under Sections 1 and 2A extends to include costs and expenses necessarily incurred by the Insured with the consent of the Company in:

a) Removing debris;

b) Dismantling and/or demolishing;

c) Shoring-up or propping;

of the portion or portions of the property insured by the said items destroyed or damaged by fire or by any other peril hereby insured against.

The liability of the Company under this clause and the Policy in respect of any item shall in no case exceed the sum insured thereby.

7. Fire Brigade ChargesThe Company will indemnify the Insured in respect of such Fire Brigade attendance charges as may be levied by the Local Authorities in dealing with any fire which results in a claim under Sections 1 and 2A of this Policy. The Company’s liability in respect of these charges shall not exceed €10,500 or as shown on the Policy Schedule.

8. Extensions MemorandumIf the liability of the Company under any item of the Policy shall be reduced by the operation of the Average Clause the liability of the Company in respect of any extension of the said item to include architects’, surveyors’, consulting engineers’, legal or other fees, or to include costs and expenses necessarily incurred by the Insured with the consent of the Company in removing debris, dismantling and/or demolishing,

shoring-up or propping shall be reduced in like proportion.

9. Automatic Reinstatement of LossIn consideration of the insurance by any item of these Sections not being reduced by the amount of any loss the Insured shall pay the appropriate additional premium on the amount of the loss from the date thereof to the date of the expiry of the Period of Insurance.

10. Pair or Set Clause:In the event of loss of or damage to any article forming part of a pair or set, the Company shall not be liable for:

a) More than the value of the particular part or parts which may be lost or damaged without reference to any special value which such part or parts may have as forming a pair or set.

b) The full value of the pair or set as a unit.

Section 2A – Outbuildings and StockIn the event of loss of or damage to the property as specified in the attached Schedule caused by any of the Perils Insured, the Company will pay, (subject to the Sums Insured shown against each item on the Schedule) to the Insured the value of the property at the time of the happening of the loss or the amount of such damage or at its option reinstate or replace such property or any part thereof.

Perils Insured:1. FIRE (whether resulting from explosion or

otherwise) not occasioned by or happening through its own spontaneous fermentation

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or heating, or its undergoing any process involving the application of heat. However, loss of or damage to hay and/or straw caused by its own spontaneous fermentation or heating shall not be deemed to be excluded.

2. LIGHTNING

3. EXPLOSION excluding:i) destruction or damage (other than

destruction or damage by fire resulting from explosion) occasioned by the bursting of a boiler (not being used for domestic purposes only) economisers or other vessels, machinery or apparatus in which internal pressure is due to steam only and belonging to or under the control of the Insured.

ii) damage to or destruction of vessels, machinery or apparatus or their contents resulting from the explosion thereof.

4. AIRCRAFT and other aerial devices or articles dropped therefrom.

5. IMPACT with the Outbuildings and StockBy any road vehicle, horses or cattle not belonging to or under the control of the Insured or any member of his/her family or household residing with him.

6. STORM where indicated as included and as described in the Insured’s policy Schedule.

7. THEFT where indicated as included and as described in the Insured’s policy Schedule.

This insurance extends in respect of property whilst temporarily at any other situation and in transit by road, rail or inland waterway in Ireland or the United Kingdom, provided such property is not removed for sale or exhibition or more specifically insured.

Special conditions and exceptions to Section 2A1. Unless otherwise notified to the Company:

The buildings are built of stone, brick,

concrete or steel and roofed with slates, tiles, concrete, asphalt, metal or sheets or slabs composed entirely of incombustible mineral ingredients.

2. The Company shall not be liable in respect of loss of and/or damage to:a) Money, securities, stamps, documents,

manuscripts, business books, patterns, models, moulds, plans, designs, explosives.

b) Any part of any dynamo, electric motor or other electrical equipment caused by its own self-ignition.

c) Agricultural Produce either in the open or in buildings not completely enclosed within 20 metres of a chimney in use.

Special clauses applicable to Section 2A1. Architects’, Surveyors’, Consultants’, Legal

and other fees:The insurance by each Item on Buildings under 2A includes an amount in respect of architects’, surveyors’, consulting engineers’, legal and other fees necessarily incurred in the reinstatement of the property insured consequent upon its destruction or damage but not for preparing any claim. The amount payable for such fees shall not exceed those authorised under the Scale of Professional Charges of the Royal Institute of Architects of Ireland, the Chartered Surveyors Institute, the Association of Consulting Engineers and the Law Society as the case may be, provided that the liability for such destruction or damage and fees shall not exceed in the aggregate the Sum Insured by each item.

2. Removal of Debris:It is understood that the insurance on each building under Sections 1 and 2A extends to include costs and expenses necessarily incurred by the Insured with the consent of the Company in:

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a) Removing debris;

b) Dismantling and/or demolishing;

c) Shoring-up or propping;

of the portion or portions of the property insured by the said items destroyed or damaged by fire or by any other peril hereby insured against.

The liability of the Company under this clause and the Policy in respect of any item shall in no case exceed the sum insured thereby.

3. Fire Brigade ChargesThe Company will indemnify the Insured in respect of such Fire Brigade attendance charges as may be levied by the Local Authorities in dealing with any fire which results in a claim under Sections 1 and 2A of this Policy. The Company’s liability in respect of these charges shall not exceed €10,500 or as shown on the Policy Schedule.

4. Extension MemorandumIf the liability of the Company under any item of the Policy shall be reduced by the operation of the Average Clause the liability of the Company in respect of any extension of the said item to include architects’, surveyors’, consulting engineers’, legal or other fees, or to include costs and expenses necessarily incurred by the Insured with the consent of the Company in removing debris, dismantling and/or demolishing, shoring-up or propping shall be reduced in like proportion.

5. Automatic reinstatement of lossIn consideration of the insurance by any item of these Sections not being reduced by the amount of any loss the Insured shall pay the appropriate additional premium on the amount of the loss from the date thereof to the date of the expiry of the Period of Insurance.

6. Public Authorities ClauseThe Insurance on “Buildings” extends to include such additional cost of reinstatement of the destroyed or damaged property thereby insured as may be incurred solely by reason of the necessity to comply with Building or other Regulations under or framed in pursuance of any Act of the Oireachtas or with Bye-Laws of any Municipal or Local Authority provided that:

1) The amount recoverable under this extension shall not include:-

a) the cost incurred in complying with any of the aforesaid Regulations or Bye-Laws:

i) in respect of destruction or damage occurring prior to the granting of this extension;

ii) in respect of destruction or damage not insured by the Company under which notice has been served upon the Insured prior to the happening of the destruction or damage;

iii) in respect of undamaged property or undamaged portions of property, other than foundations (unless foundations are specifically excluded from the insurance by this Policy) of that portion of the property destroyed or damaged.

b) the additional cost that would have been required to make good the property damaged or destroyed to a condition equal to its condition when new had the necessity to comply with any of the aforesaid Regulations or Bye-Laws not arisen.

c) the amount of any rate, tax, duty, development or other charge or assessment arising out of capital appreciation which may be payable in respect of the property or by the owner thereof by reason

23

of compliance with any of the aforementioned Regulations or Bye-Laws.

2) The work of reinstatement must be commenced and carried out with reasonable despatch and may be carried out wholly or partially upon another site (if the aforesaid Regulations or Bye-Laws so necessitate) subject to the liability of the Company under the extension not being thereby increased.

3) If the liability of the Company under this Section apart from this extension shall be reduced by the application of any of the terms and conditions of the Policy, then the liability of the Company under this extension (in respect of any such Item) shall be reduced in like proportion.

4) The total amount recoverable under any item of the Section shall not exceed the sum insured thereby.

5) All the conditions of the Policy except in so far as they may be hereby expressly varied shall apply as if they have been incorporated herein.

7. Reinstatement Clause - Farm OutbuildingsIt is agreed that in the event of the Buildings insured under this Section being destroyed or damaged, the basis upon which the amount payable under the Policy is to be calculated shall be the reinstatement of the property destroyed or damaged, subject to the following special provisions and subject also to the terms and conditions of the Policy except in so far as the same may be varied hereby.

For the purposes of the insurance under this memorandum “reinstatement” shall mean:-

The carrying out of the aforementioned work, namely,

a) where property is destroyed, the replacement of the property to a

condition equal to but not better or more extensive than its condition when new,

b) where property is damaged the repair of the damage and the restoration of the damaged portion of the property to a condition substantially the same as but not better or more extensive than its condition when new.

Special provisionsa) The Buildings must be maintained in a

good state of repair.

b) The work of reinstatement must be commenced and carried out with reasonable despatch, otherwise no payment beyond the amount which would have been payable under the Policy if this clause had not been incorporated therein shall be made.

c) When any property insured under this clause is damaged or destroyed in part only the liability of the Company shall not exceed the sum representing the cost which the Company could have been called upon to pay for reinstatement if such property had been wholly destroyed.

d) No payment beyond the amount which would have been payable under the Policy if this clause had not been incorporated therein shall be made until the cost of reinstatement shall have been actually incurred.

e) Each item insured under this clause is declared to be separately subject to the following Condition of Average, namely:- If at the time of reinstatement the sum representing 85% of the cost which would have been incurred in reinstatement if the whole of the property covered by such Item had been destroyed, exceeds the sum insured thereon at the breaking out of any fire or at the commencement of any destruction of or damage to

24

such property by any other peril hereby insured against, then the Insured shall be considered as being his/her own Insurer for the excess and shall bear a rateable proportion of the loss accordingly.

f) No payment beyond the amount which would have been payable under the Policy if this clause had not been incorporated therein shall be made if at the time of any destruction or damage to any property insured hereunder such property shall be covered by any other insurance effected by or on behalf of the Insured which is not upon the identical basis of reinstatement set forth herein.

g) Where by reason of any of the above special provisions no payment is to be made beyond the amount which would have been payable under the Policy if this clause had not been incorporated herein the rights and liabilities of the Company and the Insured in respect of the destruction or damage shall be subject to the terms and conditions of the Policy, including any Condition of Average therein, as if this clause had not been incorporated herein.

In the case of Buildings, the Company may use partial payments and/or hold back a percentage of the agreed claim settlement amount until the rebuilding or repair work has been completed. The final amount retained is generally in the region of 25%. The Company will pay this amount once satisfied that the works have been completed according to the scope and cost agreed and a final invoice is submitted.

The Company will provide a reasonable time period for completion of the rebuilding or repair works and receipt of the final invoice. This will be outlined in writing and is usually three months. The Company will send a reminder before this time period expires. An extension of the time period will be considered in certain circumstances.

If the Company does not receive a final invoice and satisfactory confirmation that the works have been completed according to the scope and cost agreed, within the agreed time period, the claim file will be closed. The claim will then be viewed as having been settled in full.

PROVIDED ALWAYS that all the Conditions of the Policy (except in so far as they may be hereby expressly varied) shall apply as if they had been incorporated herein.

8. Capital Additions ClauseIf, during the Period of Insurance:

• Alterations or additions are made to any agricultural outbuildings insured; or

• Agricultural outbuilding(s) are constructed;

at the risk location declared under Section 2A of this policy, and if the newly constructed or altered agricultural outbuilding is not insured by another policy, it will be held covered under this extension from the time the Insured assumes responsibility for it until the following renewal, at which date specific insurance must be arranged by the insured.

The following conditions will apply to the cover provided to renewal:

i) Agricultural outbuilding(s) must be insured in order for this clause to be applicable.

ii) The sums insured shown in the schedule for agricultural outbuildings at the location stated in your schedule will be deemed increased for that period only by the value of the new alteration, addition or construction, but by not more than 10% of the agricultural outbuilding sum insured at that location or €75,000, whichever is the lesser.

iii) Cover granted is in respect of loss or damage caused by fire, lightning, explosion, impact and aircraft as defined in the policy document.

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Section 2B – Loss of Income/Additional Cost of WorkingIn the event of loss or damage to the property insured under Section 2A of this Policy by an Insured Peril, the Company shall pay to the Insured in respect of (a) income which would have been earned during the Indemnity Period and (b) the additional or increased cost of working, which would not have been incurred, had the loss or damage not taken place, an amount not exceeding the Sum Insured stated in the Schedule, provided that:

a) At the time of the loss or damage Section 2A of this Policy shall be in force covering the interest of the Insured in the property at the Farm described in the Schedule against such loss or damage and that payments shall have been made or liability admitted therefor under Section 2A.

b) The liability of the Company for such loss of income/additional cost of working shall not exceed in the aggregate the Sum Insured stated in the Schedule

Indemnity Period: The period beginning with the occurrence of the damage and ending not later than 12 months thereafter during which the results of the business at the Farm shall be affected in consequence of the Damage.

Words with special meaning applying to:Section 3 – Employers Liability

Section 4A – Public Liability

Section 4B – Products Liability

Section 4C – Environmental Liability

The following words have a special meaning under Section 3 and Sections 4 A B and C. Each word is listed together with its meaning.

Businessshall mean:

The Insured’s activities as a Farmer and Business as shown in the Schedule and shall also include:

a) the construction, reconstruction, completion of works, repair and/or maintenance of agricultural outbuildings, which are used exclusively for agricultural purposes, owned or occupied by the Insured.

But excluding:

• Any works of construction, structural alteration or demolition, repair and/or maintenance of any Dwellinghouse, piggery, poultry, or mushroom buildings.

• Any works on any Buildings owned and occupied by family members and or Employees of the Insured.

• Any works of construction, structural alteration or demolition of any kind taking place away from the Insured’s Farm situation of risk specified on the policy Schedule.

b) the repair and/or maintenance of Agricultural plant and machinery used in connection with the Insured’s Business;

c) the provision and management of canteens, social, sports and/or welfare organisations for the benefit of the Insured’s Employees and their families;

d) the provision of emergency first aid and medical services (other than by a qualified medical practitioner) and the provision of ambulance and fire services, security services and safety organisations; and

e) private work carried out by an Employee for any director or partner, 

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provided:• such work is undertaken with the prior

consent of the Insured;• is not in pursuit of any trade or Business;

and• is not an activity specifically excluded

under clause a) above.

Agricultural Contractorshall mean:

Agricultural contracting activities including cultivation, seed drilling, harvesting of cereals, root and forage crops, hedge cutting, and agricultural manure spreading

But excluding:

• Any works of structural alteration, construction, reconstruction or demolition;

• Any works in connection with dams, bridges, locks, road underpasses, railways, airports or airfields;

• Any works of road opening/road cutting; • Any works under contract either directly

or indirectly for any road, rail or municipal authority;

• Any works of timber harvesting and forestry thinning;

• Any works of repair and maintenance of third party vehicles and machinery not used in connection with the Insured’s Business;

• Any works of manufacture or compounding of animal feedstuff;

• Any work of spraying of pesticides, herbicides, insecticides and fungicides;

Other than where especially agreed by the Company and shown on the policy Schedule against the Business description.

Clean Up shall mean:

the reasonable expenses incurred by the Insured with the prior written consent of the Company in responding to an Environmental

Incident to the extent required by Environmental Law or those expenses imposed upon the Insured as having been incurred by or on behalf of any legal body, authority, agency or court of law having authority under Environmental law in its response to an Environmental Incident.

Costs and Expensesshall mean:

• any claimant’s legal costs for which the Insured is legally liable to pay;

• all Costs and Expenses necessarily and reasonably incurred, with the Company’s written consent, in the investigation and defence of a claim; and

• all legal fees, incurred with the Company’s written consent, for legal representation at any Coroner’s inquest or fatal accident enquiry; 

in connection with any Event which is the subject of indemnity under this insurance.

Employeeshall mean any:

• person under a contract of service or apprenticeship with the Insured;

• person engaged under any training, educational, or work experience programme;

• labour master or labour-only contractor, or any person employed or supplied by them;

• self-employed person; or• person hired to, or borrowed by, the Insured;while working for the Insured in the course of the Business.

Environmental Incidentshall mean the release of pollution or damage caused to the environment.

Environmental law shall mean all relevant laws that pertain to

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the protection of the environment effective at the time of or discovery of the Environmental Incident.

Environmental Retroactive Dateshall mean the date identified in the Schedule. In the absence of such a date, the Environmental Retroactive Date shall be the date of inception of this policy.

Event shall mean any one occurrence or all occurrences of a series consequent on or attributable to one source or original cause.

Environmental Damage shall mean impact on biodiversity – land, air, water, groundwater, drinking water supplies and fish, wildlife, biota (combined flora and fauna) and their habitats, excluding special species and natural habitats.

Bodily Injury shall mean Bodily Injury including death, disease and illness.

Principal shall mean any person, company, firm or public, local or statutory authority for whom the Insured is carrying out work under contract or agreement.

Product shall mean any commodity or goods (including packaging, containers, instructions for use and labels) sold, supplied, manufactured, tested, altered, constructed, erected, installed, treated, planted, repaired, serviced, processed, stored, handled or transported by the Insured, or on the Insured’s behalf, in the course of the Business. 

Section 3 - Employers’ LiabilityCovera) The Company will indemnify the Insured

in respect of all sums for which the Insured shall become legally liable to pay in respect of Bodily Injury to an Employee not being a member of the Insured’s family caused during the Period of Insurance while employed in the Republic of Ireland and arising out of and in the course of his/her employment by the Insured in the Business.

b) The Company will indemnify the Insured in respect of all Costs and Expenses which arise or are incurred in connection with a claim for which indemnity is provided under this Section. Such Costs and Expenses recoverable under this Section will be paid within the Limit of Indemnity shown in the Schedule and not in addition to it.

c) In respect of any one Event:

i) the total amount payable shall not exceed the Limit of Indemnity shown in the Schedule or any lesser limit shown in this Section against a specific extension or exclusion; and

ii) where the Company is liable to indemnify more than one party, the total amount of indemnity provided shall not exceed the Limit of Indemnity shown in the Schedule.

Additional extensions that apply to Section 3: Employers’ LiabilityIndemnity to othersThe Company will indemnify against legal liability as defined under the ‘Cover’ heading in this Section the following:

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1. Any Principal;

2. Any company established by the Insured for the purposes of engaging in and carrying out the Business;

3. In the Event of death of the Insured, the legal personal representatives of the Insured;

4. At the request of the Insured:a) the officers, committees and members

of the canteen, social, sports, first aid, medical, security or welfare organisations in their respective capacities as such, which the Insured has provided for the benefit of Employees; 

b) any director, partner or Employee of the Insured whilst engaged in the Business;  

Provided that:i) the Insured would have been entitled to

indemnity under this Section had the claim been made against the Insured;

ii) the Principal or other person is not entitled to indemnity under any other policy;

iii) the Principal or other person shall observe, fulfil and be subject to the terms, definitions, exclusions and conditions of this policy.

Temporary work abroadThe Company will indemnify the Insured in respect of liability, arising from Bodily Injury as described in the ‘Cover’ heading in this Section, arising:

1. within Northern Ireland ,Great Britain, the Channel Islands and the Isle of Man or any member country of the European Union where an Employee, partner or director of the Insured is temporarily carrying out work in the course of the Business; or

2. elsewhere in the world where an Employee, partner or director is on a temporary visit for the purpose of carrying out non-manual work in the course of the Business. 

Provided that in respect of 1 and 2 above:

i. such Employee, partner or director is normally resident in the Republic of Ireland;

ii. the claim in respect of liability for Bodily Injury is brought against the Insured in a court of law in the Republic of Ireland;

iii. such work abroad does not exceed a period of 60 consecutive days, unless agreed in writing by the Company;

iv. the Company will not indemnify the Insured in respect of any amount payable under Workmen’s Compensation, Social Security or Health Insurance legislation; or any similar legislation in the Country in which the Bodily Injuries incurred.

Inclusion of Family membersThe Company will indemnify the Insured in respect of liability, as described in the ‘Cover’ heading in this Section for Bodily Injury to a member of the Insured’s family aged over 14 years of age in the Insured’s employment.

Cross liabilityIf more than one party is named as the Insured in the Schedule, the Company will treat each party as if the policy had been issued to each.

Additional exclusions that apply to Section 3: Employers’ LiabilityThe Company shall not indemnify the Insured against:

a) any liability for Bodily Injury to an Employee while they are working offshore, including while travelling between an offshore rig or platform and land;

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

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c) any criminal, civil or administrative fines, penalties, liquidated damages, exemplary damages or contractual penalties;

d) any liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including limit of indemnity, conditions and exclusions.

Premium AdjustmentThe premium for the Period of Insurance for Section 3 Employer’s Liability has been calculated on the basis of an estimate of wages, salaries and earnings supplied by the Insured.

The Insured shall maintain an accurate record of all such wages, salaries and other earnings paid during the Period of Insurance and

a) at any reasonable time allow the Company to inspect such records.

b) at any time requested, supply to the Company, a correct statement of all wages, salaries and earnings, or if requested by the Company, the Insured’s auditors certification of all such wages, salaries and earnings certified by the Insured’s auditors.

If the wages, salaries and earnings paid differs from the amount on which the premium for that Period of Insurance was paid the difference in the premium shall be met by a further payment by the Insured or by a refund by the Company as the case may be but subject to the retention by the Company of any minimum premium applying.

Section 4A – Public LiabilityCovera) The Company will indemnify the Insured

in respect of all sums for which the Insured shall become legally liable to pay in respect

of:

i) accidental Bodily Injury to any person; or 

ii) accidental loss of, or damage to, material property;

happening during the Period of Insurance within the Republic of Ireland and arising out of and in the course of the Business. 

b) In respect of any one Event:

i) the total amount payable shall not exceed the Limit of Indemnity shown in the Schedule or any lesser limit shown in this Section against a specific extension or exclusion; and

ii) where the Company is liable to indemnify more than one person, the total amount of indemnity shall not exceed the Limit of Indemnity shown in the Schedule.

c) The Company will indemnify the Insured in respect of all Costs and Expenses which arise or are incurred in connection with a claim for which indemnity is provided under this Section. Such Costs and Expenses recoverable under this Section will be paid in addition to the Limit of Indemnity shown in the Schedule but subject to the provisions of the Discharge of Liability condition specified within Claims conditions.

Additional extensions that apply to Section 4A – Public LiabilityIndemnity to othersThe Company will indemnify against legal liability, as described in the ‘Cover’ heading in this Section, the following:

1. Any Principal;

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2. Any Company established by the Insured for the purposes of engaging in and carrying out the Business;

3. In the Event of death of the Insured, the legal personal representatives of the Insured;

4. At the request of the Insured:a) the officers, committees and members

of the canteen, social, sports, first aid, medical, security or welfare organisations in their respective capacities as such, which the Insured has provided for the benefit of Employees;

b) any director, partner or Employee of the Insured whilst engaged in the Business.

Provided that:i) the Insured would have been entitled to

indemnity under this Section had the claim been made against the Insured;

ii) the Principal or other person is not entitled to indemnity under any other policy;

iii) the Principal or other person shall observe, fulfil and be subject to the terms, definitions, exclusions and conditions of this policy.

Personal Liability The Company will indemnify the Insured or members of the Insured’s family residing with the Insured at the address stated in the Schedule in respect of all sums for which the Insured shall become legally liable to pay in respect of:

i) accidental Bodily Injury to any person; or 

ii) accidental loss of, or damage to, material property;

happening during the Period of Insurance within the Republic of Ireland and arising out of the personal liability of the Insured or members of the Insured’s family residing with the Insured at the address stated in the Schedule.

a) In respect of any one Event:

the total amount payable shall not exceed the amount of €2,600,000 in total or any lesser limit shown in this Section against a specific extension or exclusion; and

where the Company is liable to indemnify more than one person under this Personal Liability extension, the total amount of indemnity shall not exceed €2,600,000.

b) The Company will indemnify the Insured in respect of all Costs and Expenses which arise or are incurred in connection with a claim for which indemnity is provided under this extension. Such Costs and Expenses recoverable under this heading will be paid in addition to the Limit of Indemnity shown under this extension but subject to the provisions of the Discharge of Liability condition specified within Claims conditions.

c) No indemnity is provided under this extension in respect of

(i) the ownership or occupation of any land or building;

(ii) any Business carried on by the Insured or any family member;

(iii) Liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including, limit of indemnity, conditions and exclusions.

Temporary work abroad The Company will indemnify the Insured in respect of liability, as described in the ‘Cover’ heading in this Section, arising:

1. within Northern Ireland, Great Britain, the Channel Islands and the Isle of Man or any member country of the EU where the Insured, an Employee, partner or director of the Insured is temporarily carrying out work

31

in the course of the Business.

2. elsewhere in the world where an Employee, partner or director is on a temporary visit for the purpose of carrying out non-manual work in the course of the Business. 

Provided that in respect of both 1) and 2):i) such Employee, partner or director is

normally resident in the Republic of Ireland;

ii) the claim in respect of  liability for Bodily Injury is brought against the Insured in a court of law in the Republic of Ireland;

iii) such work does not exceed a period of 60 consecutive days, unless agreed in writing by the Company.

Cross liabilityIf more than one party is named as the Insured in the Schedule, the Company will treat each party as if the policy had been issued to each.

Additional exclusions that apply to Section 4A– Public LiabilityThe Company will not indemnify the Insured in respect of the following:

a) any liability for Bodily Injury to any Employee or to any person who is a member of the Insured’s family or household.

b) any criminal, civil or administrative fines, penalties, liquidated damages, punitive or exemplary damages or contractual penalties

c) any liability arising out of a deliberate act or omission; wilful or reckless misconduct.

d) any liability for Bodily Injury, or loss of or damage to property, caused by, arising from or in connection with:

i) a Product, other than food or drink the

Insured provides for Employees or visitors on the premises.

ii) remedying any defect or alleged defect in land, buildings, structures or other premises the Insured has sold.

e) any liability for breach of contract and contracts alleged to be not fulfilled properly or efficiently.

f) any liability for remedial, professional or other advice or treatment (other than medical first aid) that is given, administered or omitted on behalf of the Insured, and which a fee has or would normally be charged for.

g) any liability for libel or slander, or infringement of plans, copyright, patents, trade names, trademarks, registered designs or any intellectual right.

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

i) any liability arising out of an Environmental Incident.

j) any liability  arising from the ownership of, possession of or use by the Insured, or by any person or Principal entitled to indemnity under this policy of any mechanically propelled vehicle which is insured under a motor Insurance policy or is by law required to be insured under a motor insurance policy.

k) any liability arising from the ownership of, possession of or use by the Insured, or by any person or Principal entitled to indemnity under this policy, of any

i) aircraft or other flying device; or

ii) hovercraft, boat or other watercraft or vessel.

l) any liability for damage to property owned or held in trust by the Insured, employees of the Insured or member of the Insured’s family.

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m) any liability for damage resulting from the condition or unsuitability of any berth, docking or mooring.

n) any liability for damage to part of any property the Insured or any Employee is or has been working on, if the damage results from that work.

o) any liability for damage caused by vibration, or by the removal or weakening of support to any land, building, structure or property (including liability arising from such damage).

p) any liability arising from ownership of, possession of or use by the Insured, or by any person or Principal entitled to indemnity under this policy, of any: 

i) animals which had shown propensity to viciousness or to worry sheep; or

ii) tree felling other than felling of trees for the Insured’s own use.

q) any liability arising from ownership of, possession of or use by the Insured of any building or of any land other than agricultural land owned , leased or held on con acre declared to the Company.

r) any liability arising from crop spraying other than that carried out on own lands by the Insured, an Insured Employee or contractor holding the appropriate certification.

s) any Liability which is the subject of indemnity under any other Section of this policy, or would be but for the application of the policy terms including Limit of Indemnity, conditions and exclusions.

Premium adjustment The premium for Section 4A Public Liability has been calculated on an estimate of acreage supplied by the Insured.

The Insured shall maintain an accurate record of such acreage and provide the Company with details of any changes in lands farmed.

If the acreage worked differs from the amount on which the premium for that Period of Insurance was paid the difference in the premium shall be met by a further payment by the Insured or by a refund by the Company as the case may be but subject to the retention by the Company of any minimum premium applying.

Section 4B – Products LiabilityCovera) The Company will indemnify the Insured

in respect of all sums for which the Insured shall become legally liable to pay in respect of:

i) accidental Bodily Injury to any person; or 

ii) accidental loss of or damage to material property;

happening during the Period of Insurance by Products sold or supplied by the Insured from within the Republic of Ireland, and arising out of and in the course of the Insured’s Business.

b) In respect of any one Period of Insurance:

i) the total amount payable shall not exceed the Limit of Indemnity shown in the Schedule or any lesser limit shown in this Section against a specific extension or exclusion; and

ii) where the Company is liable to indemnify more than one person, the total amount of indemnity shall not exceed the Limit of Indemnity shown in the Schedule.

c) The Company will indemnify the Insured in respect of all Costs and Expenses which arise or are incurred in connection with a claim for which indemnity is provided under this Section.

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Such Costs and Expenses recoverable under this Section will be paid in addition to the Limit of Indemnity shown in the Schedule but subject to the provisions of the Discharge of Liability condition specified within the Claims conditions.

Additional extensions that apply to Section 4B – Products LiabilityIndemnity to othersThe Company will indemnify against legal liability, as described in the ‘Cover’ heading in this Section, the following:

1. Any Principal;

2. Any Company established by the Insured for the purposes of engaging in and carrying out the Business;

3. In the Event of death of the Insured, the legal personal representatives of the Insured;

4. At the request of the Insured:a) the officers, committees and members

of the canteen, social, sports, first aid, medical, security or welfare organisations in their respective capacities as such, which the Insured has provided for the benefit of Employees;

b) any director, partner or Employee of the Insured whilst engaged in the Business.

Provided that:i) the Insured would have been entitled to

indemnity under this Section had the claim been made against the Insured;

ii) the Principal or other person is not entitled to indemnity under any other policy;

iii) the Principal or other person shall observe, fulfil and be subject to the terms,

definitions, exclusions and conditions of this policy.

Cross liabilityIf more than one party is named as the Insured in the Schedule, the Company will treat each party as if the policy had been issued to each.

Additional exclusions that apply to Section 4B- Products’ LiabilityThe Company will not indemnify the Insured in respect of the following:

a) any liability for Bodily Injury to any Employee or to any person who is a member of the Insured’s family or household.

b) any criminal, civil or administrative fines, penalties, liquidated damages, punitive or exemplary damages or contractual penalties.

c) any liability arising out of a deliberate act or omission; wilful or reckless misconduct.

d) any liability for costs of:

i) repairing, replacing, reinstating, rectifying, recalling, removing, remedying or making good any Product itself; 

ii) refunding the price paid for any Product.

e) any liability for breach of contract and contracts alleged to be not fulfilled properly or efficiently.

f) any liability for remedial, professional or other advice or treatment (other than medical first aid) that is given, administered or omitted on behalf of the Insured, and which a fee has or would normally be charged for.

g) any liability for libel or slander, or infringement of plans, copyright, patents,

34

trade names, trademarks, registered designs or any intellectual right.

h) any liability arising from the failure of any Product or part thereof to fulfil the purpose for which it was intended.

i) any liability assumed under any contract or agreement which would not have attached to the Insured in the absence of such contract or agreement.

j) any Liability arising from any Product which is to the Insured’s knowledge exported directly or indirectly to the United States of America or Canada, unless specifically agreed by the Company in writing.

k) any Liability arising out of an Environmental Incident.

l) any Liability for damages commenced or brought against the Insured in the courts of any country outside of the European Union or the United Kingdom of Great Britain and Northern Ireland, or enforcement of any judgment against the Insured granted in a court of law outside of the European Union or the United Kingdom of Great Britain and Northern Ireland.

m) any liability for loss or damage which is an inevitable result of repairing, treating, recovering, removing, recalling, reclaiming, rectifying, remedying, withdrawing or replacing Products. 

n) Liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including limit of indemnity, conditions and exclusions.

Section 4C – Environmental LiabilitySection 4C of the policy is written on a “claims made and reported” basis. It provides cover in respect of claims made against the Insured during the Period of Insurance and reported to the Company during the same Period of Insurance.

CoverThe Company will indemnify the Insured in respect of all sums for which the Insured shall become legally liable to pay in respect of:

1. accidental Bodily Injury or disease to any person; or

2. accidental loss of or damage to the material property of any person; or

3. Clean Up; or

4. Primary, Complementary or Compensatory Remediation expenses, as defined by the Environmental Liability Regulations

and caused by an Environmental Incident, and that arises from

a) the fault or negligence of the Insured or of any person in his/her service during the actual progress of any work undertaken by the Insured exclusively in the course of the  Insured’s Business of Farmer (or Agricultural Contractor where such occupation appears on the Schedule), or

b) any defect in the premises, ways, works, plant or machinery used exclusively in the course of the Insured’s Business of Farmer (or Agricultural Contractor where such occupation appears on the Schedule), or

c) the fault or negligence of the Insured or any member of his/her family residing

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with him at the said address arising in a personal capacity

and happening after the Environmental Retroactive Date but before the end of the Period of Insurance within the Republic of Ireland.

Limit of IndemnityThe Company will indemnify the Insured in respect of all Costs and Expenses which arise or are incurred in connection with a claim for which indemnity is provided under this Section. Such Costs and Expenses recoverable under this Section will be paid within the Limit of Indemnity shown in the Schedule and not in addition to it.

In respect of any one Event:i) the total amount payable shall not exceed

the Limit of Indemnity shown in the Schedule or any lesser limit shown in this Section against a specific extension or exclusion; and

ii) where the Company is liable to indemnify more than one party, the total amount of indemnity shall not exceed the Limit of indemnity shown in the Schedule.

The Company may discharge its liability to the Insured or any other party entitled to indemnity under this Section in respect of any claim by paying to the Insured the Limit of Indemnity or any lesser sum for which the claim can be settled and it shall be under no further liability in respect of that claim.

Additional extensions that applies to Section 4C- Environmental Liability.Indemnity to othersThe Company will indemnify against legal

liability, as described in the ‘Cover’ heading in this section, the following:

1. Any Principal;

2. In the Event of death of the Insured, the legal personal representatives of the Insured;

3. Any Company established by the Insured for the purposes of engaging in and carrying out the Business;

4. At the request of the Insured:a) the officers, committees and members

of the canteen, social, sports, first aid, medical, security or welfare organisations in their respective capacities as such, which the Insured has provided for the benefit of Employees;

b) any director, partner or Employee of the Insured whilst engaged in the Business.

Provided that:i) the Insured would have been entitled

to indemnity under this section had the claim been made against the Insured;

ii) the Principal or other person is not entitled to indemnity under any other policy;

iii) the Principal or other person shall, observe, fulfil and be subject to the terms, definitions, exclusions and conditions of this policy; and

iv) nothing in this extension will operate to increase the liability of the Company to pay any amount exceeding the Limit of Indemnity, regardless of the number of persons claiming to be indemnified.

Cross liabilityIf more than one party is named as the Insured in the Schedule, the Company will treat each party as if the policy had been issued to each.

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Additional exclusions that apply under Environmental Liability The Company will not indemnify the Insured in respect of the following:

a) the first €2,500 of any claim under this Section.

b) any liability for a claim notified in a prior or subsequent policy period or Period of Insurance.

c) any liability associated with any reckless or wilful or deliberate or intentional disregard by the Insured of any law, permit, notice, order or instruction by any governmental authority.

d) any liability arising out of a deliberate act or omission; wilful or reckless misconduct.

e) any criminal, civil or administrative fines, penalties, liquidated damages, punitive or exemplary damages or contractual penalties.

f) any liability for expenditure, costs or any other liability of any nature in relation to reinstatement, upgrade, maintenance, improvement or supplementation of any equipment, plant, foundations, facility, including wells and septic tanks, buildings or any above or below ground structure, owned or held in trust by the Insured, Employees of the Insured or member of the Insured’s family.

g) any liability for expenditure, costs or any other liability of any nature in relation to reinstatement, upgrade, maintenance, improvement or supplementation of any equipment, plant, foundations, facility, including wells and septic tanks, building or any above or below ground structure whose defectiveness or inefficiency gives rise to any Environmental Incident.

h) any liability for expenditure, costs or any

other liability of any nature in relation to the existence or abatement of asbestos, asbestos containing materials or lead based paint applied to or on or in any building or structure.

i) any liability for expenditure, costs or any other liability of any nature in relation to any below ground storage tank other than agricultural storage/effluent tanks that are constructed with steel-reinforced precast concrete.

This exclusion shall not apply in respect of liability arising in connection with an Environmental Incident caused by a sudden, identifiable, accidental and unexpected incident which takes place at one moment in time during the Period of Insurance.

j) any liability for expenditure, costs or any other liability of any nature in relation to slurry lagoon which at the time of the claim is not designed, constructed, maintained and used in adherence to guidelines issued by the Department of agriculture.

This exclusion shall not apply in respect of liability arising in connection with an Environmental Incident caused by a sudden, identifiable, accidental and unexpected incident which takes place at one moment in time during the Period of Insurance.

k) any liability associated with or discovered by any voluntary site investigation, redevelopment or material change in use of the premises or land owned or occupied by the Insured.

l) any liability associated with any sheep dipping which has or is using Synthetic Pyrenthroids, Cypermethrin and / or Organophosphates.

m) any liability arising from Fly tipping, being the unauthorised dumping of waste.

n) any liability associated with any landfill or handling of waste materials for a third party.

o) any liability for Crop spraying other than that carried out on own lands by the Insured or an

37

Insured Employee or contractor holding the appropriate certification.

p) any liability arising in connection with the supply of water from any water wells used by or on the Insured property.

q) any Liability which is the subject of indemnity under any other Section or subsection or extension of this policy, or would be but for the application of the policy terms including limit of indemnity , conditions and exclusions.

Excluded activitiesThe Company will not indemnify the Insured in respect of the following activities:

a) Any activity falling outside that of a Farmer or Agricultural Contractor;

b) Pig, Poultry or fish farming;

c) Collection, storage, transportation, processing or application of Industrial, Commercial and human waste including by-products there from; or

d) any activity requiring a Waste Permit or Licence under Environmental Regulations. This exclusion shall not apply to Waste collection permits granted to Agricultural Contractors for the purpose of transporting farm manure/slurry.

Condition of CoverIt is a condition precedent to the provision of cover under this Section that the Insured must notify the Company immediately of any Environmental Incident that could give rise to a claim under this Section and provide the Company with the opportunity to appoint, if it so wishes a suitable expert, consultant or contractor of its choice to respond appropriately to such Environmental Incident. No cover is provided for expenses incurred for experts, consultants or contractors prior to agreement to these appointments by the Company.

Section 5 – Sheep WorryingThe Company will indemnify the Insured in the event of fatal injury to his/her sheep caused by any dog attack or dog worrying where the fatality (or necessary slaughter authorised by a Veterinary Surgeon) occurs within 7 days of the attack or worrying.

Special conditions and exceptionsThe Indemnity expressed:

a) shall not exceed the market value at time of loss - not exceeding the maximum amount per any one sheep nor the maximum value of flock as stated in the Schedule unless otherwise agreed by the Company.

b) shall apply only in respect of sheep, the property of the Insured. (The onus of identification of such sheep shall rest on the Insured as a condition precedent to any claim).

c) shall exclude claims howsoever arising, caused by any dog, the property of or in the possession or control of the Insured or any member of his/her family or household or employee.

d) is subject to the Insured notifying the Garda Síochána immediately of any attack or sheep worrying.

Section 6 – Bulk Milk TanksThe Company will indemnify the Insured (up to but not exceeding the Sum Insured shown in the Schedule) against:

1. Damage to Tank:Loss of or damage to the Bulk Milk Tank and associated equipment described in the

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Schedule from any cause not hereinafter excepted.

2. Loss of Milk:Loss deterioration or putrefaction of milk contained in the Bulk Milk Tank described in the Schedule and directly caused by:-

a) loss of or damage to such Tank for which the Insured is entitled to recover under 1 above.

b) the action of escaped refrigerant fumes.

c) failure (from any inherent cause) of any thermostatic or automatic controlling devices.

d) failure of the public supply of electricity which is (i) not caused by a deliberate act of the supply undertaking unless such deliberate act is performed for the sole purpose of safeguarding life or protecting a part of the supply undertaking’s system, (ii) not caused by a scheme of rationing unless necessitated solely by physical damage to a part of the supply undertaking’s system.

The Company will also indemnify the Insured in respect of additional expenses incurred with the Company’s written approval in making a temporary repair to the Tank or in expediting a permanent repair provided that the total liability of the Company shall not exceed the sum insured shown in the Schedule in respect of the Bulk Milk Tank.

Special conditions and exceptionsThe Company shall not be liable in respect of:-

a) loss of or damage to bulbs, electric heating elements, photo-electric cells, belts, trailing cables, flexible hoses or pipes.

b) loss of or damage to the Tank caused by fire, lightning, explosion, aircraft or other aerial devices or articles dropped therefrom.

c) loss or damage arising from wear, tear,

erosion, corrosion or other deterioration.

d) chipping, scratching, bruising or denting of any surfaces.

e) the cost of maintenance.

Maintenance Contract The Company shall not be liable in respect of loss of or damage to the Tank arising from its own malfunction or breakdown and/or Loss of Milk arising under items b) and c) (action of refrigerant fumes, failure of thermostatic or automatic controlling devices) in circumstances where either the Tank is:

1. not under a current maintenance contract with a competent engineer.

2. not under a guarantee provided by the Supplier.

Section 7 – All RisksThe Company agrees to indemnify the Insured in respect of loss of or damage to Property as shown in the Schedule occurring within the Continent of Europe during the Period of Insurance, and worldwide for a period of up to 60 days during the Period of Insurance.

Provided that

The liability of the Company in any one Period of Insurance, in respect of any one item, shall not exceed the Sum Insured thereon.

Special Conditions and ExceptionsThe Company will not Indemnify the Insured against:-

1. Loss or damage caused by, or resulting from:a) wear and tear, depreciation, moth,

vermin, or any process of cleaning, dyeing, repairing or restoring, mechanical or electrical breakdown or derangement,

39

atmospheric or climatic conditions or any other gradually operating cause;

b) delay, confiscation or detention by order of any Government or Public Authority.

2. The breakage of:a) electrical valves, bulbs or tubes;

b) strings of, or the scratching, denting or bruising of musical instruments;

c) glass (excluding photographic lenses) or articles of a brittle nature (other than jewellery).

3. Pair or Set Clause:In the event of loss of or damage to any article forming part of a pair or set, the Company shall not be liable for:

a) More than the value of the particular part or parts which may be lost or damaged without reference to any special value which such part or parts may have as forming a pair or set.

b) The full value of the pair or set as a unit.

Section 8 (A), (B), (C) Personal Accident8(A) Policy Holder

8(B) Other PersonsThe Company agrees that if the Insured Person(s) as shown in the Schedule shall sustain bodily injury solely and directly caused by accidental, violent, visible and external means, it will pay to the Insured (or his/her Legal Personal Representative in the event of death) benefits as set out below relevant to Section 8(A) (B) or such additional benefits (or units) as may be specified in the Schedule.

8(C) Family TravelThe Company agrees that if the Insured Person(s) (which is deemed to mean the Insured or Spouse or any member of the Insured’s family resident with him/her) shall sustain bodily injury solely and directly caused by accidental, violent, visible and external means while in or on or entering or alighting from:

a) any road vehicle (other than mopeds, motor cycles or motor scooters) as driver or passenger in a private capacity;

b) i) any railway train;

ii) any aircraft operated by a licensed operator or charterer;

iii) any passenger ship or ferry hovercraft hydrofoil or air cushion vehicle as a passenger in a private capacity.

AS A RESULT OF COLLISION, SINKING, IMPACT OR STRANDING it will pay to the Insured (or his/her Legal Personal Representative in the event of death) the benefits mentioned below relevant to Section 8(C).

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Refer to the Policy Schedule for number of units of beneift and additional death benefit (if applicable)Standard units of benefit

Bodily Injury solely and directly caused by accidental, violent, visible and external means and being the sole and direct cause of:-

Item 8(A) 8(B) 8(C)

Occurring within twelve calendar months of the happening of the bodily injury as aforesaid

1 Death or €2,000 €2,000 €2,000

2Total loss by physical severance at or above the wrist of one or both hands, or

€2,000 €2,000 €2,000

3Total loss by physical severance at or above the ankle of one or both feet, or

€2,000 €2,000 €2,000

4 Total and irrecoverable loss of all sight in one or both eyes, or €2,000 €2,000 €2,000

5

Permanent Total Disablement from pursuance of gainful employment of any or every kind

€2,000 €2,000 €2,000

6

Temporary Total Disablement from engaging in or giving attention to usual profession or occupation – benefit at the rate of

€13 per week after

first week of disablement

€13 per week after

first week of disablement

After first week of

disablement (a) €13

per week if injured

person over 18 years of

age (b) €7 per

week if injured

person is 15 to 18 years

old

7

Temporary Partial Disablement from engaging in or giving attention to usual profession or occupation – benefit at the rate of

€7 per week after first week of

disablement

€7 per week after first week of

disablement

Nil

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Medical ExpensesWhere WEEKLY BENEFIT is payable in respect of any claim under this Policy the Company will, in addition, pay the medical charges incurred (unless these charges are recoverable from some other source) by the Insured in connection with the accident for which such claim is made up to fifteen per cent of the amount of such weekly benefit unless otherwise stated.

PROVISOS1. No benefit shall be payable under items 6

and 7a) until the total amount has been

ascertained and agreed.

b) unless the bodily injury requires treatment by a duly registered medical practitioner, nor in respect of any period of disablement which is not certified by such a medical practitioner.

c) in respect of any accident for more than 104 weeks from commencement of the disablement as certified by a fully qualified medical practitioner.

d) in respect of the first week of disablement.

2. Benefit shall not be payable under more than one item in respect of the same bodily injury. Any sums payable under items 6 and 7 shall be deducted from any sums subsequently payable under items 1 to 5 in respect of the same bodily injury the Company being liable only for the balance.

3. The total sum payable under this Policy in respect of any one or more accidents occurring during the Period of Insurances shall not exceed in all the largest sum insured as under any one of the items 1 to 5, unless otherwise shown in the Schedule.

4. After a person incurs any bodily injury resulting in a claim under any of the items

1 to 5 no further liability (in respect of that person) shall attach to the Company to make any payment under Section 8 (A) (B) and/or (C) of this Policy.

Geographical Limits1. The Island of Ireland and

2. The rest of the world for the purposes of travel only.

Special Conditions and Exceptions1. The Company shall not be liable under this

Policy in respect of bodily injury whether fatal or non-fatal directly or indirectly caused by, arising, or resulting from or attributable to;a) the Insured Person taking part in military

airforce or naval service operations or whilst at sea as an officer or member of the crew of a merchant vessel.

b) intentional self-injury, suicide or attempted suicide (whether felonious or not) provoked assault fighting (except in bona fide self-defence) or deliberate exposure to danger (except in an attempt to save human life) disease or natural causes.

c) any accident happening when the Insured Person is in a state of insanity or is under the influence of intoxicating liquor or drug/s or has passed his/her 70th birthday.

d) any accident happening while the Insured Person is taking part in aeronautics and/or aviation of any description or resulting from being in or upon or entering or descending from any aircraft (other than as a bona fide passenger in a standard type aircraft operated by a recognised Airline or in a fully licensed standard type multiengined aircraft operated by a recognised Air Charter Company) or while participating in any speed or duration

42

tests or races of any kind. The expression “aircraft” shall include any vessel, craft, or thing made out or intended to float in or travel through the air.

e) medical or surgical treatment (except where such treatment is rendered necessary by bodily injury caused by accident within the scope of this Policy) childbirth or pregnancy.

f) the Insured Person engaging in football of any kind, hurling, hunting, motor-cycling (whether as a driver or passenger), mountaineering, or rock climbing, winter sports, polo, racing of any kind (other than on foot) or using a circular saw UNLESS OTHERWISE AGREED IN WRITING BY THE COMPANY.

2. Immediate written notice of any accident shall be sent to the Head Office or any branch office of the Company. The Insured Person shall as soon as possible after the occurrence of the event likely to give rise to a claim under this Policy consult a registered medical practitioner. In the event of death, immediate notice shall be sent to the Company.In no case will the Company be liable unless the person appointed by the Company shall be allowed to make any medical or surgical examination of the Insured Person on the occasion of any alleged injury within the meaning of this insurance, and so often as the same may be required on behalf of the Company and in the event of death to make any post-mortem examination of the deceased as the Company is advised is necessary, for the purpose of ascertaining the alleged injuries, disablement or illness or the true cause of death, and no surgical examination of the body shall be made at the instance of the representative of the deceased without due notice having been first given to the Company, so as to enable the Company to have its Medical Officer present at the same time.

3. If any person to whom this Section applies shall engage in any Profession, Business or Occupation other than the Profession, Business or Occupation described in the Schedule to this Policy the Company shall not be liable in respect of any bodily injury arising out of or in the course of such Profession, Business or Occupation unless written notice of such change shall have been given to the Company and the Company shall have agreed by endorsement hereon that this Policy shall apply to such changed Profession, Business or Occupation.

4. The Insured or his/her/their personal representatives shall at his/her or their expense furnish to the Company such Certificates, information and evidence as the Company may reasonably require in the form and of the nature prescribed by the Company. No claim under this Insurance shall be payable unless the Insured or his/her/their personal representatives have complied with the terms of this condition.

5. In the event of the Company having paid the Principal Sum named herein following a presumption of the accidental death of a person later found to be living, such Principal Sum shall be refunded to the Company by the personal or persons to whom it was paid.

Section 9 – Livestock on FootThe Company agrees to indemnify the Insured by payment not exceeding the Policy limits stated in the Schedule in the event of accidental injury causing death (or necessary slaughter by Veterinary Surgeon within 14 days of such injury) to horses, cattle, sheep, goats, pigs, the property of the Insured or members of his/her household occurring while being driven or led on foot on any road or market place or straying from the Insured’s premises other than from unenclosed land.

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The Company shall not be liable to make any payment in the event of injury occurring on land/premises owned by, rented to, or occupied by the Insured.

Section 10 – Livestock in TransitThe Company agrees to indemnify the Insured by payment not exceeding the Policy limits stated in the Schedule in the event of accidental injury causing death (or necessary slaughter by Veterinary Surgeon within 14 days of such injury) to horses, cattle, sheep, goats, pigs, the property of the Insured or members of his/her household occurring while in transit (or loading or unloading for that purpose) anywhere in Ireland.

The Company shall not be liable for the first €100 of each and every loss under this Section.

Section 11 – Livestock Electrocution/Flood/Collapse of Slats in Slatted HouseThe Company agrees to indemnify the Insured by payment not exceeding the Policy limits stated in the Schedule to horses, cattle, sheep, goats, pigs the property of the Insured or members of his/her household occurring on the Insured’s premises or whilst temporarily removed therefrom in the event of:

1. Instantaneous fatal injury by accidental electrocution, or

2. Injury (proving fatal within 14 days) by flood, or

3. Injury (proving fatal within 14 days) following fall into the slurry storage tank as a result

of the immediate collapse of the slats in the slatted house.

Provided the the Insured or personal representatives immediately notify the electricity supply board and immediately thereafter disconnect the private supply if faulty.

Section 12 – Livestock Accidental InjuryThe Company agrees to indemnify the Insured by payment in the event of accidental injury or poisoning causing death (or necessary slaughter by Veterinary Surgeon within 14 days of such injury or poisoning ) to horses, cattle, sheep, pigs, the property of the Insured or members of their household occurring on land/premises owned or occupied by or rented to the Insured.

The Company shall not indemnify the Insured in respect of:

• The first €2,500 of each and every loss; • Loss to Livestock caused by and not

otherwise excluded under cover which is provided more specifically under this policy namely: Fire, Storm, Theft (Section 2), Livestock on foot (Section 9), Livestock in transit (Section 10) , Livestock electrocution/flood/collapse of slats (Section 11);

• Loss to Sheep, caused by any dog attack or dog worrying (Sheep Worrying cover);

• Loss to Livestock caused by disease.The most the Insured can claim in respect of any one incident is limited to the sum insured on the schedule or €100,000 whichever is the lesser.

Special Conditions and Exceptions applicable to Sections 9, 10, 11 & 12A. The Company shall not be liable where

the injury (fatal or non-fatal) directly or indirectly, is caused by, arises or results from or in connection with or is traceable to:

44

i) Hunting, jumping, racing, shows, meets, trials, malnutrition or neglect, Fire, Lightning, Explosion, Earthquake, pregnancy or parturition or castration;

ii) Accidents not reported to the Company immediately after the injury is discovered;

iii) Accidents sustained elsewhere than in the Republic of Ireland or Northern Ireland;

iv) Destruction in compliance with the requirement of any Statute or of any order of a Minister of the Government, a Government Department or Local Authority;

v) any surgical operation unless conducted by a qualified Veterinary Surgeon and certified by him to have been necessitated solely by accidental injury and to have been carried out in an attempt to preserve the animal’s life;

vi) the administration of any medication unless by a qualified Veterinary Surgeon (or experienced personnel directed by him) and certified by the Veterinary Surgeon to have been necessitated solely by accidental injury. Where it appears “medication” is deemed to include any drug, hormone, vitamin, protein or other substance other than unadulterated food or drink.

B. The Insured (and members of his/her household) shall:

i) take all precautions to prevent animals straying;

ii) comply with all statutory requirements and bye-laws and shall exercise all reasonable care.

C. The Insured shall notify a Veterinary Surgeon immediately in the event of injury to any animal and have such animal treated as necessary. The Insured’s attention is also especially drawn to Claims Condition 1 F items (i) to (iv).

D. Livestock basis of settlement extension.

The Company will pay the cost of replacing any animal with one of comparable worth and condition this is referred to as the market value at the date of loss;

i) The basis of settlement is deemed to be market value + 10% for livestock claims under section 2a, 9, 10, 11, & 12;

ii) The basis of settlement is deemed to be market value + 20% for sheep worrying claims under section 5.

Section 13 – Legal ExpensesCover under this section is operative only where shown in the policy schedule.

This section of the policy is underwritten by DAS. DAS Legal Expenses Insurance Company Limited is authorised and regulated by the UK Financial Services Authority and is subject to the Central Bank of Ireland’s conduct of business rules and Consumer Protection Code. The regulatory system which applies in Ireland is different to that which applies in the UK.

As part of the cover provided under this section various Helpline services are provided which are detailed at the end of this section.

No liability is accepted under this section in respect of any expense accrued prior to the notification and acceptance of a claim by the company.

To notify a claim under this section please phone 01 670 7470 or write to

DAS Legal Expenses Insurance Company Limited, Europa House, Harcourt Centre, Harcourt Street, Dublin 2.

DAS operate a specialised claims centre to deal with claims but sometimes also use appointed lawyers.

45

Additional definitions that apply to:Section 13(a) Employment Disputes

Section 13(b) Legal Defence

Section 13(c) Statutory Licence Protection

Section 13(d) Property Protection

Section 13(e) Bodily Injury

Section 13(f) Tax Protection

The underwriter For the purposes of the insurance provided under Section 13, the underwriter shall mean FBD Insurance plc or DAS Legal Expenses Insurance Company Limited.

The insured personThe Insured and the directors, partners, managers, employees and any other individuals declared to the underwriter by the Insured.

RepresentativeThe lawyer, accountant or other suitably qualified person, who has been appointed to act for an insured person in accordance with the terms of this section of the policy.

Date of occurrence1. For civil cases (other than under section 13(f)

Tax Protection) the date of occurrence is when the cause of action first occurred.

2. For criminal cases, the date of occurrence is when the insured person commenced or is alleged to have commenced to violate the criminal law in question.

3. For licence or registration appeals, the date of occurrence is when the Insured first became aware of the proposal by the relevant licensing or regulatory authority to suspend, alter the terms of, refuse to renew or cancel the Insured’s licence.

4. For Tax Protection, the date of occurrence

is when the relevant authority sends an assessment or written decision to the Insured following an audit.

Costs and expenses• Legal costs

All reasonable and necessary costs chargeable by the representative on a party/party basis. Also the costs incurred by opponents in civil cases if an insured person has been ordered to pay them, or pays them with the companies agreement.

• Accountants costs A reasonable amount in respect of all costs reasonably incurred by the representative in accordance with the underwriter claim handling instructions.

• Attendance expenses The insured person’s salary or wages for the time that the insured person is off work to attend any arbitration, court or tribunal hearing at the request of the representative or while attending jury service. The underwriter will pay for each half or whole day that the court, tribunal or the insured person’s employer will not pay for.The amount the underwriter will pay is based on the following:

• the time the insured person is off work including the time it takes to travel to and from the hearing. This will be calculated to the nearest half day assuming that a whole day is eight hours;

• if the insured person works full time, the salary or wages for each whole day equals 1/250th of the insured person’s yearly salary or wages;

• if the insured person works part-time, the salary or wages will be a proportion of the insured person’s weekly salary of wages.

Territorial limitFor section 13(b) Legal Defence and section 13(e) bodily injury:

The European Union, the Isle of Man, the

46

Channel Islands, Albania, Andorra, Bosnia Herzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland and Turkey.

For all other sections:

The Republic of Ireland.

Additional conditions that apply to:Section 13(a) Employment Disputes

Section 13(b) Legal Defence

Section 13(c) Statutory Licence Protection

Section 13(d) Property Protection

Section 13(e) Bodily Injury

Section 13(f) Tax ProtectionThe underwriter agrees to provide the insurance described in this section in accordance with the operative covers shown under the section including all subsections unless otherwise shown in the schedule provided that:

a) the date of occurrence of the insured incident happens during the Period of Insurance and within the territorial limit; and

b) the claim is reported to the underwriter as soon as the Insured becomes aware of it; and

c) any legal proceedings will be dealt with by a court, or other body which the underwriter agrees to, in the territorial limit; and

d) in civil claims it is always more likely than not that an Insured will recover damages (or obtain any other legal remedy which the underwriter has agreed to) or make a successful defence.

e) The most the underwriter will pay for all claims resulting from one or more event arising at the same time or from the same

originating cause is shown as the limit of indemnity in the schedule.

Please refer to the details of cover under each section and for details of further additional conditions which apply and to policy General exceptions of the policy for details of conditions that apply to the whole policy.

Additional claims conditions that apply to:Section 13(a) Employment Disputes

Section 13(b) Legal Defence

Section 13(c) Statutory Licence Protection

Section 13(d) Property Protection

Section 13(e) Bodily Injury

Section 13(f) Tax Protection1 a) The underwriter can take over and

conduct in the name of an insured person, any claim or legal proceedings at any time.

The underwriter can negotiate any claim on behalf of an insured person.

b) The insured person is free to choose an appointed representative (by sending the underwriter a suitably qualified person’s name and address) if:

i) The underwriter agrees to start legal proceedings and it becomes necessary for a lawyer to represent the insured person’s interests in those proceedings; or

ii) there is a conflict of interest.

c) Before an insured person chooses a lawyer or an accountant, the underwriter can select an appointed representative.

d) An appointed representative will be appointed by the underwriter

47

and represent an insured person in accordance with the underwriter‘s standard terms of appointment. The appointed representative must co-operate fully with the underwriter at all times.

e) The underwriter will have direct contact with the appointed representative.

f) An insured person must co-operate fully with the underwriter and with the appointed representative and must keep the underwriter up-to-date with the progress of the claim.

g) insured person must give the appointed representative any instructions that the underwriter requires.

2 a) An insured person must tell the underwriter if anyone offers to settle a claim and must not agree to any settlement without the underwriter‘s written consent.

b) If an insured person does not accept a reasonable offer to settle a claim, the underwriter may refuse to pay further costs and expenses.

c) The underwriter may decide to pay the insured person the amount of damages that the insured person is claiming or being claimed against them instead of starting or continuing legal proceedings.

3 a) If the underwriter asks, an insured person must tell the appointed representative to have costs and expenses taxed, assessed or audited.

b) An insured person must take every step to recover costs and expenses that the underwriter has to pay and must pay the underwriter any costs and expenses that are recovered.

4 If an appointed representative refuses to continue acting for an insured person for good reason or if an insured person

dismisses an appointed representative without good reason, the cover the underwriter provides will end at once, unless the underwriter agrees to appoint another appointed representative.

5 If an insured person settles a claim or withdraws their claim without the underwriter’s agreement, or does not give suitable instructions to an appointed representative, the cover the underwriter provides will end at once and the underwriter will be entitled to re-claim any costs and expenses paid by the underwriter.

6 The underwriter may at the underwriter’s discretion require the Insured to obtain an opinion from counsel at the Insured’s expense as to the merits of a claim or proceedings. If counsel’s opinion indicates that there are reasonable grounds for the pursuit or defence of a claim or proceedings, the cost of obtaining the opinion will be paid by the underwriter.

Additional exclusions that apply to:Section 13(a) Employment Disputes

Section 13(b) Legal Defence

Section 13(c) Statutory Licence Protection

Section 13(d) Property Protection

Section 13(e) Bodily Injury

Section 13(f) Tax ProtectionThe underwriter will not provide cover in respect of any claim relating to the following:

1. Costs and expenses incurred before the written acceptance of a claim by the underwriter.

2. Fines, penalties, compensation or damages which the insured person is ordered to pay by a court or other authority other than, compensation awards as covered under

48

insured incident employment financial compensation awards under Section 13(a) Employment Disputes.

3. Any claim relating to patents, copyrights, trademarks, merchandise marks, registered designs, intellectual property, secrecy and confidentiality agreements.

4. Any claim relating to franchise rights, or agency rights where the Insured has the legal capacity to alter the legal relations of another.

5. Any insured incident deliberately or intentionally caused by an insured person.

6. A dispute with the underwriter not dealt with through the arbitration process as described under the claims conditions.

7. Any claim relating to a shareholding or partnership share in the Insured unless such shareholding was acquired under a scheme open to all employees of the Insured or a substantial number of them of a certain minimum grade other than the directors or partners of the Insured.

8. Judicial Review.

9. Legal action an insured person takes which the underwriter or the appointed representative have not agreed to or where the insured person does anything that hinders the underwriter or the appointed representative.

Please refer to the details of cover under sections 13(a) to 13(f) for details of further additional conditions which apply and refer also to policy general exclusions for details of exclusions which apply to the whole policy. Further conditions and exclusions are specified with the details of cover under sections 13(a) to 13(f) and under the general conditions and general exclusions of this policy.

Section 13(a) Employment Disputes Cover:Employment disputesThe underwriter will defend the Insured’s legal rights:

1) prior to the issue of legal proceedings before a Rights Commissioner, court or tribunal following the dismissal of an employee; or

2) in legal proceeding in respect of any dispute with

a) an employee or ex-employee or a trade union acting on behalf of an employee or ex-employee which arises out of, or relates to, a contract of employment with the Insured;

b) an employee, prospective employee or ex-employee arising from an alleged breach of their statutory rights under employment legislation.

If a representative is used, the underwriter will pay the costs and expenses incurred for this.

Additional extension to Section 13(a) Employment Disputes & Financial Compensation AwardsAppealsThe underwriter will provide cover for the Insured in conducting or defending an appeal as long as the Insured informs the underwriter within the time limits allowed that they want the underwriter to appeal. Before the underwriter pays any costs and expenses for

49

appeals, the underwriter must agree that it is always more likely than not that the appeal will be successful.

Employment financial compensation awardsThe underwriter will pay any financial compensatory award otherwise payable by the Insured in respect of a claim the underwriter has accepted under section 13(a) Employment Disputes.

Additional conditions to Section 13(a) Employment Disputes The insurance referred to above shall be subject to the following additional conditions:

1) Throughout any contract of employment dispute the Insured must seek and follow advice from the underwriter‘s legal advice service.

2) For compensation following the Insured’s breach of statutory duty under employment legislation the Insured must at all times seek and follow advice from the underwriter‘s legal advice service since the date when the Insured should have known about the employment dispute.

3) For any compensation award for redundancy or alleged redundancy or unfair selection for redundancy, but not the redundancy payment itself, the Insured must seek and follow advice from the underwriter‘s claims department prior to serving notice of redundancy.

4) The compensation is awarded by a Rights Commissioner or tribunal under a judgment made after full argument and otherwise than by consent or default, or is payable under settlement approved in writing in advance by the underwriter.

5) The total compensation payable by the underwriter shall not exceed €1,500,000 in any one Period of Insurance.

Additional exclusions that apply to Section 13(a) Employment Disputes The underwriter will not provide cover in respect of any claim relating to the following:

1) Any claim in respect of damages for personal injury, including stress, bullying and harassment claims, or loss of or damage to property.

2) Employee internal disciplinary or grievance procedures.

3) Any claim arising from or relating to any transfer of business which falls within the scope of the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations 1980 and 2000, European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 and any amending legislation.

4) Any financial compensation relating to the following:

• trade union activities, trade union membership or non-membership;

• pregnancy or maternity rights;• statutory rights in relation to trustees of

occupational pension schemes;• statutory rights in relation to Sunday shop

and betting work.5) Non-payment of money due under the

relevant contract of employment or statutory provision thereto.

6) Any award ordered as a result of a breach of statutory rights in relation to the provision of relevant records to employees under the National Minimum Wage Act 2000 or any amending legislation.

7) Any financial compensation award or increase in financial compensation award ordered by the tribunal for failure to comply with a recommendation it has

50

made, including non-compliance with a reinstatement or re-engagement order.

Section 13(b) Legal DefenceCover:At the Insured’s request:

1) The underwriter will defend the insured person’s legal rights:

a) prior to the issue of legal proceedings when dealing with the

• Gardai, or• Health and Safety Authority and/

or regional health boards where it is alleged that the insured person has or may have committed a criminal offence; or

b) following an event which leads to the insured person being prosecuted in a court of criminal jurisdiction.

2) The underwriter will defend the Insured’s legal rights following civil action taken against the Insured for wrongful arrest in respect of an accusation of theft alleged to have been carried out during the Period of Insurance.

3) The underwriter will defend the insured person’s (other than the Insured’s) legal rights if civil action is taken against them as a trustee of a pension fund set up for the benefit of the Insured’s employees.

4) The underwriter will represent the insured person in appealing against the imposition or terms of any statutory notice issued in the Republic of Ireland under legislation affecting the Insured’s business.

5) The underwriter will represent the Insured in appealing against the refusal of the Data

Commissioner to register the Insured’s application for registration.

(6) The underwriter will pay attendance expenses of an insured person for jury service.

Additional extension to Section 13(b) Legal DefenceEqual Status Act 2000-2015 Protection1) The underwriter will advise the insured

person of their legal rights by telephone and assist them with correspondence, when communicating with the Workplace Relations Commission, following a complaint against the insured person under the Equal Status Act 2000-2015.

2) The underwriter will defend the insured person at a Workplace Relations Commissions hearing under the Equal Status Act 2000-2015.

Provided that:a) The insured person has at all times sought

and followed advice from the Company’s legal advice service from the date since which the insured person should have known that a complaint had been made against them under the Equal Status Act 2000-2015.

b) Notifies the underwriter in writing as soon as they receive notice to attend a Workplace Relations Commission hearing.

Appeals

The underwriter will provide cover for the Insured in conducting or defending an appeal as long as the Insured informs the underwriter within the time limits allowed that they want the underwriter to appeal. Before the underwriter pays any costs and expenses for appeals, the underwriter must agree that it is always more likely than not that the appeal will be successful.

51

Additional exclusions that apply to Section 13(b) Legal DefenceThe underwriter will not provide cover in respect of any claim relating to the following:

1) An insured person driving without valid motor insurance.

2) Any claims arising from parking or obstruction offences.

3) Any motor related prosecution where the Insured owns or has use of more than 6 motor vehicles used for business purposes.

Section 13(c) Statutory Licence Protection CoverThe underwriter will represent the Insured in appealing to the relevant statutory or regulatory authority, court, or tribunal following an event which results in a licensing or regulatory authority suspending, or altering the terms of, or refusing to renew, or cancelling the Insured’s licence.

Additional exclusions that apply to Section 13(c) Statutory Licence Protection The underwriter will not provide cover in respect of any claim relating to the following:

1) An original application or application for renewal of a statutory licence.

2) Any licence appeal relating to the ownership, driving or use of a motor vehicle.

Section 13(d) Property ProtectionCover under this section is operative only where shown in the policy schedule.

Cover:The underwriter will negotiate for the Insured’s legal rights in any civil action relating to material property which is owned by, or the responsibility of the Insured, following:

1) any event which causes physical damage to such material property; or

2) any nuisance or trespass.

Additional exclusions that apply to Section 13(d) Property ProtectionThe underwriter will not provide cover in respect of any claim relating to the following:

1) a contract entered into by the Insured;

2) goods in transit or goods lent or hired out;

3) goods at premises other than those occupied by the Insured unless the goods are at such premises for the purpose of installations or use in work to be carried out by the Insured;

4) mining subsidence;

5) defending the Insured’s legal rights other than in defending a counter-claim;

6) a motor vehicle owned or used by, or hired or leased to an insured person, other than damage to motor vehicles where the Insured is engaged in the business of selling motor vehicles.

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Section 13(e) Bodily InjuryCover:At the Insured’s request, the underwriter will negotiate for an insured person’s and their family members’ legal rights following an event which causes the death of, or bodily injury to them.

This includes assisting the insured person (and family member if applicable) throughout claims and legal advice service to register their claim with the Injuriesboard.ie (IB) including the payment of the application fee required by the InjuriesBoard.ie (IB).

Additional exclusions that apply to Section 13(e) bodily injuryThe underwriter will not provide cover in respect of any claim relating to the following:

1) Any claim relating to the following:

a) any illness or bodily injury which develops gradually or is not caused by a specific or sudden accident; or

b) defending an insured person’s or their family members legal rights other than in defending a counter-claim; or

c) a motor vehicle owned by or used by, or hired or leased to an insured person or their family members.

2) The cost of obtaining a medical report when registering a claim with the Injuries Board.

Section 13(f) Tax ProtectionCover:In respect of revenue auditsThe underwriter will negotiate on behalf of the Insured and represent the Insured in any subsequent appeal proceedings in respect of an audit carried out by the Revenue Commissioners into the Insured’s business accounts.

In respect of employer’s complianceThe underwriter will represent the Insured in any appeal proceedings in respect of a dispute concerning their compliance with Pay As You Earn or Social Insurance Contribution Regulations following an audit by the Revenue Commissioners or The Department of Social Community and Family Affairs.

In respect of VAT disputesThe underwriter will represent the Insured in any appeal proceedings following an audit carried out by the Revenue Commissioners in respect of Value Added Tax due.

Additional conditions that apply to Section 13(f) Tax ProtectionThe insurance referred to above shall be subject to the following additional conditions:

a) For all insured incidents, the Insured must take reasonable care to ensure that all returns are complete and correct and that such returns are submitted within the statutory time limits allowed.

b) The Insured and the representative must comply with the underwriter‘s claims handling instructions throughout the course of the claim.

• The underwriter claim handling instructions for the Insured are provided in a separate document called ‘How we deal with tax protection claims under your Commercial Legal Protection Policy (A step by step guide to your claim).

• The claims handling instructions for the representative are in a document called ‘Procedure for Appointed Representative when dealing with Tax Protection Claims’. These documents are available on request.

Additional exclusions that apply to Section 13(f) Tax ProtectionThe underwriter will not provide cover in respect of any claim relating to the following:

1) Any insured incident arising from a tax avoidance scheme.

2) Any insured incident caused by the failure of the Insured to register for Value Added Tax.

3) Any insured incident undertaken by the Revenue Commissioners into alleged dishonesty or alleged criminal activities of the Insured.

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Helpline Services Provided with Section 13The underwriter provides these services 24 hours a day, seven days a week during the Period of Insurance. To help check and improve service standards all calls are recorded. Please do not use the helpline services number to report a general insurance claim.

Commercial legal adviceThe underwriter will give the Insured confidential legal advice over the phone on any commercial legal problem affecting the business, under the laws the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.

To contact the above services, phone the underwriter on 0818 227 047 quoting the policy number.

Business assistanceIn the event of an unforeseen emergency affecting the Insured’s business premises which causes damage or potential danger, the underwriter will contact a suitable repairer or contractor and arrange assistance on behalf of the Insured. All costs of assistance provided are the responsibility of the Insured.

To contact the above services, phone the underwriter on 0818 227 047 quoting the policy number.

Health and medical information serviceThe underwriter will give an insured person information over the phone on health and fitness, and non-diagnostic advice on medical matters.

Advice can be given on allergies, the side effects of drugs and how to improve general fitness.

To contact the above service, phone the underwriter on 1890 254 164.

CounsellingThe underwriter will provide all employees (including any members of their immediate family who permanently live with them) with a confidential counselling service over the phone including, where appropriate, onward referral to relevant voluntary and/or professional services.

To contact the counselling helpline, phone the underwriter on 1850 670 407.

These calls are not recorded.

The underwriter will not accept responsibility if the Helpline Services fail for reasons the underwriter cannot control.

Employment ManualThe Employment Manual offers comprehensive, up to date guidance on rapidly changing employment law.

To view it please visit the website at www.das.ie.

From the home page click on the Employment Manual icon.

User name for Employment Manual: 7129447

Password for Employment Manual: cer4S6uw (it must be used in this format)

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FMP PD 2019 05 V1.0

FBD Insurance FBD House, Bluebell, Dublin 12, Ireland

T: 01 7617617 E: info@fbd.ie