ABSOLUTE CORONAVIRUS EXCLUSION

This Policy does not cover liability in respect of Personal Injury, Property Damage, Advertising Liability, Errors & Omissions or Professional liability arising ‎ directly or indirectly arising out of, contributed to by or resulting from coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or any mutation or variant thereof.

This exclusion also applies to any claim, loss, cost or expense of whatever nature directly or indirectly arising out of, contributed to by or resulting from:

(i) any fear or threat (whether actual or perceived) of; or 

(ii) any action taken or failure to take any action in controlling, preventing, suppressing or in any way relating to any outbreak of;

coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or any mutation or variant thereof.

ERRORS & OMISSIONS ENDORSEMENT

1. NOTICE TO THE INSURED

The terms and conditions of this Endorsement provide that:

1.1 A Claim (as defined within this Endorsement) must be made against the Insured during the Period of Insurance for this Policy to apply; and 

1.2 The Insured must immediately notify the Insurer in writing of such Claim(s). Such notification must be given to the Insurer during the Period of Insurance for this Policy to apply. If any circumstances or facts come to the attention of the Insured during the Period of Insurance which are likely to give rise to a Claim(s) being made against them or which the Insured should reasonably expect to give rise to a Claim(s) being made against them, the terms and conditions of this Endorsement provide an option as to whether or not to notify the Insurer. However, failure to notify may affect Policy indemnity, i.e. All or part of any subsequent Claim(s) may not be covered. Assuming the option to notify the Insurer is chosen such notification must be given in writing during the Period of Insurance for this Policy to apply. The time of the happening of the negligent act, error or omission which gives rise to a Claim(s) or a possible Claim(s), is not of relevance provided they occur after the Retroactive Date specified in the Schedule. Upon expiry of the Period of Insurance, no further Claim(s) can be made under this Policy and therefore the maintenance of insurance provided by this Endorsement is essential.

2. ERRORS AND OMISSIONS OPERATIVE CLAUSE

The Insurer, to the extent and in the manner hereinafter provided, hereby agrees to pay to or on behalf of the Insured up to the Limit of Liability as stated in the Schedule as applying to this Endorsement against all sums which the Insured shall become legally liable to pay as compensation as a result of a Claim or Claims first made against the Insured and reported to the Insurer during the Period of Insurance arising out of any negligent act, error or omission (which expression shall include any non-deliberate breach of section 18 of The Trade Practices Act 1994 or mirroring provisions of any State Fair Trading Act or similar statute) committed or alleged to have been committed by or on behalf of the Insured in connection with the Business. The Insurer hereby agrees to pay all costs in the defence of a claim (including claims handling expenses) for which indemnity is available under this Endorsement provided that the total aggregate liability (including costs in the defence of a claim) shall not exceed the Limit of Liability specified in the Schedule as applying to this Endorsement notwithstanding the number of Claims made. The Excess shown in the Schedule as applying to this Endorsement shall be the amount first payable by the Insured in respect of any one Claim and shall be borne by and at the Insured's own risk. The Insurer's liability shall only be in excess of this amount.

3. EXCLUSIONS APPLICABLE TO ERRORS & OMISSIONS COVER

This Endorsement does not cover liability:

3.1 As already excluded under the Policy.

3.2 Arising out of acts, errors or omissions which occurred or allegedly occurred prior to the Retroactive Date specified in the Schedule.

3.3 Arising out of any facts or circumstances of which the Insured was aware of prior to the commencement of the Period of Insurance or which a reasonable person in the Insured's position would have considered may give rise to a Claim.

3.4 Arising out of or attributable to any failure or omission on the part of the Insured to effect or maintain insurance.

3.5 Which is more specifically insured against in any other section of this Policy.

3.6 Arising out of the repair, reconditioning, replacement, making good or recall of any Product or faulty or inadequate workmanship performed by or on behalf of the Insured.

3.7 Assumed under contract or agreement unless such liability would have attached in the absence of such contract or agreement.

3.8 Arising from an Occurrence which is inevitable having regard to:

3.8.1 The circumstances and nature of the work undertaken, or 

3.8.2 the Products. 3.9 Arising from or in connection with advice, design, consultancy, specification, formulae or supervision given or undertaken by the Insured.

3.9.1 Not in relation to the Business or the Products, or 3.9.2 For a fee.

3.10 Arising out of conspiracy, conversion, deceit, inducement, breach of contract or injurious falsehood.

3.11 Arising in North America or in respect of any Claims which would be subject to the jurisdiction of the Courts of North America.

3.12 Incurred by or caused by a Director or Officer of the Insured whilst acting within the scope of their duties in such capacity.

3.13 For Cross Liabilities as referred to in Policy Condition 6.

3.14 Arising out of the Insured's use of Contracted Labour.

4. DEFINITION

""Claim"" or ""Claims"" means:

4.1 Any writ, statement of claim, summons, application or other originating legal or arbitral process, cross claim, counterclaim or third or similar party notice issue against or serviced upon the Insured or

4.2 The receipt by the Insured of any written or verbal notice of demand for compensation made by a third party against them.

5. CONDITIONS APPLICABLE TO ERRORS & OMISSIONS COVER

5.1 The Insured shall, as a condition precedent to their right to be indemnified under this Endorsement give to the Insurer as soon as practicable notice in writing during the Period of Insurance:

5.1.1 of any Claim(s) made against the Insured.

5.1.2 of the receipt of notice from any person of an intention to make a claim against the Insured.

5.2 The Insured shall give to the Insurer, as soon as practicable, notice in writing during the Period of Insurance of any circumstance of which they become aware during the Period of Insurance, likely to give rise to a Claim against them. If, during the Period of Insurance, the Insured becomes aware of any circumstances which might subsequently give rise to a Claim under this Endorsement and elect, during the Period of Insurance, to give written notice to the Insurer of such circumstances, then any such Claim which might subsequently arise out of such circumstances will be deemed to have been made during the Period of Insurance.

FIXED PROPERTY RESTRICTION

This Policy does not cover liability in respect of Property Damage to or as a result of damage to roads, sewers, water pipes, gas pipes, electric, fibre optic or telecommunications wires or cables or their supports or to any land or fixed property whatsoever and/or the contents thereof unless the Insured has ascertained from the relevant authorities the actual position of any such pipes, mains, cables and wires before commencing any operation & exercised due & reasonable care in such operation giving consideration to the information provided by such relevant authorities.