Liability Endorsements

Public & Products Liability Insurance
Endorsements (see quote and certificate for details of which endorsements apply)
(Applicable to the whole Policy except where indicated)
AU01 – SUB -CONTRACTORS EXTENSION
This Policy is extended in that the Insurer will also indemnify as if a separate policy has been issued to any subcontractor(s) but only for their liability for Personal Injury to any person and/or Property Damage other than to Property
belonging to the Insured that is directly caused by their performance of the work for the Insured and only to the extent
that the Insurer would cover the Insured for the Insured’s liability to that sub-contractor(s) had it made a claim against
the Insured in respect of the circumstances giving rise to their liability
Provided always that the work performed by the subcontractor(s) is part or all of the work that the Insured has a
contract to perform for some other party; and the liability of the Insurer shall not exceed the lesser of the minimum
amount of liability insurance cover required by the contract to perform the work and the Limit of Indemnity of the
operative section(s) regardless of the number of persons claiming to be indemnified; and
For avoidance of doubt it is further provided that where a sub-contractor(s) makes a claim under this Extension, the
Public Liability Section Exclusion 2.4.1 shall apply so that the Insurer shall not provide indemnity for that subcontractor(s) liability for Personal Injury to any person in the service of either:
(i) the Insured; or
(ii) that sub-contractor (s)
It is further agreed that the Insurer shall not exercise its rights of subrogation under General Policy Condition 6.8
Subrogation in respect of that sub-contractor(s).
CTR 002 – HAZARDOUS PREMISES EXCLUSION
The Insurer shall not provide indemnity against liability caused by or arising from any work undertaken by or on behalf
of the Insured in, on or in connection with
(a)
steeples, blast furnaces, dams, canals, viaducts, bridges, or tunnels;
(b)
towers, chimney shafts or stacks exceeding 10 metres in height;
(c)
aircraft, airports, aerodromes, or launch facilities for spacecraft, rockets, missiles or satellites;
(d)
ships, docks, piers, wharves, quays, breakwaters or sea or river walls or defensives;
(e)
collieries, mines, chemical works, gas works, oil refineries; offshore rigs, platforms or installations; power stations; or
bulk oil, petrol, gas or chemical storage tanks or chambers.
CTR 003 – EXCLUDING USE OF HEAT
The Insurer shall not provide indemnity, under Section 1, against liability caused by or arising from the use of welding or
flame-cutting equipment, blow lamps, blow torches, or hot air guns, by the Insured or any Employee, away from the
Insured’s own premises
CTR 006 – BONFIRE EXCLUSION
The Insurer shall not provide indemnity, under Sections 1, against liability caused by or arising from any bonfire used for
the burning of waste away from the Insured’s own premises.
CTR 007 – TREE FELLING / LOPPING EXCLUSION
The Insurer shall not provide indemnity against liability caused by or arising from tree felling or lopping by the Insured or
any Employee.
3RD April 2014
CTR 009 – DEPTH LIMIT
The Insurer shall not provide indemnity against liability caused by or arising from any work undertaken by the Insured, or
any Employee at a depth greater than 3 metres from the surface of the ground.
CTR 010 – HEIGHT LIMIT
The Insurer shall not provide indemnity against liability caused by or arising from any work undertaken by the Insured, or
any Employee, at a height greater than 10 metres from the surface of the ground or floor.
This height restriction shall be reduced to 6 metres for those Insured businesses that are involved in the installation,
repair and/or maintenance of guttering.
CTR 017 – HEAT CONDITIONS (INCLUDING WELDING)
It is a condition precedent to the liability of the Insurer, under Section 1, that when
1. welding or flame-cutting equipment, blow lamps, blow torches or hot air guns (the Equipment) are used by the
Insured, or any Employee, away from the Insured’s premises, the Insured shall ensure that
(a) before using the Equipment
i) an Employee is appointed on each site to be responsible for fire safety and for ensuring that fire
precautions are taken. Such Employee shall obtain permission, from a person acting for the occupier of the
site, to use the Equipment and shall arrange for the required fire extinguishing appliances to be available at
the site;
ii) every Employee, on each site where the Equipment is to be used, shall be made aware of the location of
fire alarms and fire fighting equipment at the site;
iii) all moveable combustible materials and property are removed from the vicinity of the work to a distance
of not less than six metres from the point of application of heat;
iv) the area in which any welding or flame-cutting equipment is used will be screened by the use of blankets or
screens of incombustible material;
v) if heat is to be applied to any wall or partition, or to any material built into or passing through a wall or
partition, an inspection will be made, prior to each period of work, to make certain that there are no
combustible materials which may be ignited by direct or conducted heat on the other side of the wall or
partition
vi) if heat is to be applied to or near tanks, pipes or other apparatus containing flammable liquids or gases,
such tanks, pipes or other apparatus shall be filled with water or completely purged;
vii) each item of the Equipment, including but not limited to gas or fuel containers and hose connected
thereto, shall be examined for defects and any defects repaired or replaced;
viii) there shall be available for immediate use, at the point of application of heat, at least two buckets of dry
sand and a 9 litre minimum capacity fire extinguisher, or in circumstances where water would aggravate a
fire a 2.5kg minimum capacity multi-purpose dry powder fire extinguisher;
ix) nearby hydrants and hoses, if present, must be connected with the water supply and turned on in readiness
for immediate use;
(b) during use of the Equipment
i)
the lighting and use of the Equipment shall be carried out strictly in accordance with the manufacturer’s
instructions
ii) it is lit as short a time as possible before use and extinguished immediately after use and not left unattended
whilst alight;
iii) a responsible person shall act as fire watcher alongside each person using the Equipment;
iv) gas or fuel cylinders, or canisters for use with, but not connected up to the Equipment, shall be kept in the
open and if the Equipment is being used in the open, kept a minimum distance of six metres from the point
of application of heat;
v) gas or fuel cylinders or canisters are changed in the open;
vi) it shall be operated only by Employees trained or experienced in its use;
(c) a continuous fire safety check is made in the vicinity of the work (including the other side of walls or partitions)
for a period of thirty minutes after completion of each period of work;
2. vessels for the heating of asphalt or bitumen are used away from the Insured’s premises the Insured shall ensure
that each vessel
(a) shall be kept in the open while heating is taking place;
(b) shall not be left unattended while heating is taking place;
(c) if used on a roof shall be placed upon a surface of non-combustible material;
(d) shall be suitable for the purpose for which it is intended and be maintained and used strictly in accordance
with the manufacturer’s instructions.
3RD April 2014
WELDING, FLAME CUTTING, APPLICATION OF HEAT CONDITION
It is a condition precedent to liability of the Insurer , under Section 1, that the Insured must ensure that all welding and
flame cutting complies with the "Australian Standard AS1674.1 - 1997 and AS1674.2 - 2003 Safety and Welding in Allied
Processes" and its amendments. (It is a detailed code, designed to protect persons and property from injury by fire or
explosion in the course of cutting, heating or welding operations).
CTR 018 – UNDERGROUND SERVICES CONDITION
It is a condition precedent to the liability of the Insurer, under Section 1, that before any excavation work is carried out
1. call Dial Before You Dig on 1100, or www.1100.com.au, is used to locate the position of all underground services
and
2. the location of such services has been conveyed to those who are carrying out such work on behalf of the Insured
and
3. a written record is maintained of the precautions taken in respect of any excavation and
4. a method of work has been adopted which minimizes the risk of damage to such services
CTR 021 – EXCLUDING INJURY TO PARTICIPANT
The Insurer shall not provide indemnity against liability caused by or arising from any injury to any participant.
CTR 022 – EXCLUDING USE OF HEAT (OTHER THAN SOLDERING IRONS AND HOT AIR GUNS)
The Insurer shall not provide indemnity against liability caused by or arising from the use of welding or flame-cutting
equipment, blow lamps, blow torches, other than soldering irons and hot air guns by the Insured, or any Employee,
away from the Insured's own premises.
CTR 026 – EXCLUDING INJURY AND/OR DEATH TO HORSES AND/OR ANIMALS AND/OR CATTLE
The Insurer shall not provide indemnity against liability caused by or arising from any injury and/or death to horses
and/or animals and/or cattle.
CTR 030 – EXCLUDING PLUMBING
The Insurer shall not provide indemnity against liability caused by or arising from any plumbing work.
LBY 001 – FULL PROFESSIONAL DUTY EXCLUSION
The Insurer shall not provide indemnity, under Sections 1 or 2, against liability caused by or arising from, or in
connection with, any breach of professional duty by or on behalf of the Insured, regardless of whether such services
are rendered for a specific fee or not.
LBY 003 – ABSOLUTE MECHANICALLY PROPELLED VEHICLE EXCLUSION
Notwithstanding anything to the contrary contained within Section 1 of this insurance, the Insurer shall not provide
indemnity against liability caused by the ownership, possession or operation by, or on behalf of the Insured, of any
Mechanically Propelled Vehicle under any circumstances.
LBY 008 – PRODUCTS LIABILITY - EFFICACY EXCLUSION
The Insurer shall not provide indemnity, under Section 2, against liability for the failure or inadequacy (whether full or
partial) of any Product Supplied to perform the function for which it was intended.
LBY 014 – MAGNETIC, ELECTRIC OR ELECTROMAGNETIC FIELDS OR RADIATION EXCLUSION
The Insurer shall not provide indemnity under this insurance against liability caused by, arising from or contributed to by
exposure to magnetic, electric, or electromagnetic fields or radiation.
LBY 016 – PRODUCTS LIABILITY – RIGHTS OF RECOURSE CONDITION
It is a condition of Section 2 of this Policy, in respect of any Product Supplied, which consists in whole or in part of any
products, goods, components, materials or other items which have been supplied to the Insured, the Insured shall not
have waived their rights of recovery in law against the suppliers and that such rights shall have been maintained by
the Insured.
3RD April 2014
LBY 018 – COMPLIANCE OF IMPORTS WITH SAFTEY AND QUALITY
It is a condition of Section 2 of this Policy that, in respect of any Product Supplied which has been imported by the
Insured from outside of the Commonwealth of Australia, the Insured shall make such examination of each batch of
products or goods within a consignment received by the Insured to ensure its conformity with all safety and quality
requirements of statutory and state regulations, directives, codes or legally required standards that are specific to
products or goods of that type or to any component or material contained within that product or to any component
or material contained within that product.
Description
The Insured shall keep documentary records of such examinations and make them available to the Insurer upon
request.
LBY 019 – TREATMENT EXCLUSION
The Insurer shall not provide indemnity, under Sections 1 and 2 of this Insurance against any liability arising out of the
provision of all hairdressing activities, including but not limited to cutting, dying, bleaching or perming.
LBY 023 – SEXUAL ABUSE ETC EXCLUSION
The Insurer shall not provide indemnity under this insurance against liability caused by or arising from sexual abuse,
molestation or impropriety of any kind.
LBY 030 – CYBER LIABILITY EXCLUSION
The Insurer shall not provide indemnity under this insurance against liability caused by or arising from
(a)
the use or misuse of the Internet or similar facility;
(b)
any electronic transmission of data or other information;
(c)
any computer virus or similar problem;
(d)
the use or misuse of any Internet address Website or similar facility;
(e)
any data or other information posted on a Website or similar facility;
(f)
any loss of data or damage to any computer system including, but not limited to, hardware or software;
(g)
the functioning or malfunctioning of the Internet or similar facility, or of any Internet address, Website or similar
facility;
(h)
any infringement, whether intentional or unintentional, of any intellectual property rights including, but not limited
to, trademark, copyright or patent.
LBY 032 – MANUAL WORK EXCLUSION
The Insurer shall not provide indemnity under this insurance against liability caused by or arising out of manual work.
LBY 043 – LOSS OF HORSES/PONIES EXCLUSION
The Insurer shall not be liable in respect of any claim arising out of or in connection with injury to or loss of Ponies or
Horses.
LBY 048 – MEDICAL MALPRACTICE AND TREATMENT EXCLUSION
The Insurer shall not indemnify the Insured, under Sections 1 and 2, of this Insurance against liability arising out of errors
or omissions in the provision of professional services including but not limited to the administration of both prescribed
and non prescribed drugs and medicines nursing and first aid care or breach of professional duty by or on behalf of
the Insured
LBY 049 – LIBEL and SLANDER EXCLUSION
The Insurer shall not provide indemnity in respect of liability caused by or arising out of libel slander or defamation of
character.
LBY 051 – EFFICACY EXCLUSION
The Insurer shall not provide indemnity against liability for the failure or inadequacy (whether full or partial) of any
Product Supplied to perform the function for which it was intended.
LBY 055 – DELIBERATE BELLIGERENT ACTS
The Insurer shall not provide indemnity, under Section 2, against liability arising out of the deliberate or belligerent acts
by any Employee of the Insured
3RD April 2014
LBY 057 – PRODUCTS LIABILITY – EXCLUSION OF IMPORTS
The Insurer shall not provide indemnity, under Section 2, of this Policy, against liability caused by or arising from any
Product Supplied, which has been imported into the Territorial Limits.
LBY 058 – PRODUCTS LIABILITY EXCLUSION
The Insurer shall not provide indemnity, under Section 2, of this Policy.
LBY 069 – ANIMAL CONTACT AND INTERACTION EXCLUSION
The Insurer shall not provide indemnity against liability caused by or arising out of direct physical contact with any
animal(s) or interaction between any animal(s) and third parties where such direct physical contact/interaction is
organised encouraged or allowable by the Insured.
Subject otherwise to all other terms, conditions, exclusions and limitations of this insurance.
LBY 071 – TRANSMITTABLE DISEASE EXCLUSION
The Insurer shall not provide indemnity against liability caused by or arising out of/or in connection with diseases
regardless of whether such diseases are "animal-to-animal", "zoonotic", or otherwise. For the purpose of this exclusion
"animal-to-animal" diseases are understood to those which can be transmitted from animal(s) to another animal(s)
and "zoonotic" diseases are understood to be those diseases which can be transmitted to people from animals .

All other terms and conditions of this Policy otherwise remain unchanged.
3RD April 2014

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