Public and Products Liability Insurance

About This Policy

This is a broadform liability policy. It covers your legal liability to pay compensation when someone other than an employee is injured, or their property is damaged, because of your business or your products. It has two covers: the Public Liability clause and the Products Liability clause.

Both covers respond on an occurrence basis. What matters is when the injury or damage happens, not when the claim is made against you. A claim made years after the policy period ends is still covered if the injury or damage happened during the policy period. Endorsements E17 and E19 are different: they respond to claims first made during the policy period, as set out in the Claims-Made Endorsements condition. Endorsement E05 responds to pollution first discovered during the policy period.

This policy, together with your schedule and any endorsements shown in it, forms your contract of insurance with us. Please read them together and tell us if anything is incorrect. Where the schedule and this wording differ, the schedule applies. Words with special meanings are listed in the Definitions section. Who the policy is written for is explained in the Who This Policy Is For section.

Who This Policy Is For

This wording is written for businesses and professionals. Some buyers, such as small businesses, may be retail clients under the Corporations Act 2001 (Cth). Where a buyer is a retail client, the issuer must give a Product Disclosure Statement and make a Target Market Determination available. This wording is not itself a Product Disclosure Statement.

[WP REVIEW: confirm the retail-client posture statement for small-business purchasers of general liability cover.]

Version and Document History

This document is version-controlled. The version and date shown on the cover page and in the footer of each page govern this text. The version stated in your schedule as current at inception applies for the life of your policy period, unless your schedule or an endorsement states otherwise.

Schedule

(Completed separately for each policy. It contains your specific details.)

The schedule shows:

• The named insured, ABN, and any subsidiaries named
• The business, and its ANZSIC class or classes
• The policy period, start and end dates
• The limit of liability for public liability (any one occurrence) and the products aggregate limit for products liability
• Sub-limits that differ from the defaults stated in the Extensions of Cover section
• The excess for each cover, any worker-to-worker excess, and any special excess (for example for hot works or property in your care)
• The geographical limits, if different from the default in the definition of Geographical Limits
• The maximum watercraft length, if different from the default in the Aircraft and Watercraft exclusion
• The rating basis and the declared figures (turnover, wages and products turnover) used for the Premium Adjustment condition
• The premium, the deposit and minimum premium, and whether the premium is adjustable, including stamp duty and GST
• The state or territory whose law governs this policy (see the Governing Law condition)
• The endorsements that apply, by code, with their variables (sub-limits, excesses, named parties, countries, retroactive dates)
• Interested parties and principals to be noted

Definitions

These words have the meanings below wherever they appear in this policy, the schedule or an endorsement. The singular includes the plural and the plural includes the singular.

What Is Covered

Public Liability

We will pay the compensation you become legally liable to pay because of personal injury or property damage that:

• happens during the policy period within the geographical limits;
• is caused by an occurrence in connection with the business; and
• is not caused by your products.

We will also pay defence costs and supplementary payments, as set out in the Defence Costs clause and the Supplementary Payments clause.

Products Liability

We will pay the compensation you become legally liable to pay because of personal injury or property damage that:

• happens during the policy period within the geographical limits; and
• is caused by an occurrence in connection with your products.

The most we will pay for compensation under this cover for all occurrences in the policy period is the products aggregate limit shown in the schedule. We will also pay defence costs and supplementary payments, as set out in the Defence Costs clause and the Supplementary Payments clause.

Defence Costs

We have the right, and the duty, to defend any claim against you that this policy may cover, even if the claim is groundless, false or fraudulent. We will choose the lawyers and manage the defence, and we will consult you about strategy.

We pay defence costs in addition to the limit of liability, except as set out in the Defence Costs and the Limit provision. We pay defence costs as they are incurred and do not wait until the claim is resolved.

Supplementary Payments

For a claim this policy covers, we will also pay, in addition to the limit of liability:

• interest on a judgment against you that accrues after judgment and before we pay or offer to pay our share of it;
• the cost of appeal bonds and bonds to release attachments, up to the limit of liability (we do not have to provide the bonds);
• expenses you incur for first aid or emergency medical treatment given to others at the time of an occurrence;
• reasonable costs of temporary measures to protect property damaged by an occurrence, to prevent further damage;
• your reasonable expenses, with our consent, including loss of earnings of your directors and employees of up to $500 a day for each person (or the amount shown in the schedule), for attending court or hearings at our request;
• the costs of legal representation, with our consent, at any coronial inquest or official inquiry into a death or personal injury that may result in a claim under this policy; and
• your reasonable costs of preparing information we ask for in support of a claim, up to $25,000 for any one occurrence (or the amount shown in the schedule).

Extensions of Cover

The following extensions are included automatically. Each is subject to the terms of this policy and to the limit of liability, unless a different sub-limit is stated. A default sub-limit applies only if the schedule does not show a different amount. A sub-limit is part of, and not in addition to, the limit of liability.

Tenants' Liability

We cover your liability for property damage to premises, or their fixtures and fittings, that you lease, rent or occupy for the business. The default sub-limit is $500,000 for any one occurrence. We do not cover wear and tear, gradual deterioration, or damage that existed before you took occupation. This extension applies despite the Property You Own or Control exclusion.

Property in Your Care, Custody or Control

We cover your liability for property damage to property of others that is in your physical or legal care, custody or control for the business. The default sub-limit is $250,000 for any one occurrence. We do not cover property you own, hire or lease, property in transit, or the part of any property you are working on that is damaged because of that work. This extension applies despite the Property You Own or Control exclusion.

Loading and Unloading Vehicles

We cover your liability arising from the loading or unloading of any vehicle in connection with the business, and from the delivery or collection of goods to or from it. This extension applies despite the Motor Vehicles exclusion. It does not cover liability arising from the vehicle being driven. It does not apply to any liability that a compulsory third party scheme or statutory motor accident scheme covers, or would cover if the vehicle were registered. Liability arising from the use of the vehicle, other than its loading or unloading, is for your motor vehicle insurance. Where a motor vehicle insurance policy also covers a liability that this extension covers, the Other Insurance provision applies.

Vehicles as Tools of Trade

We cover your liability arising from the use of any vehicle as a tool of trade or plant, such as a crane, hoist, forklift, elevating work platform or excavator, while it is being used for its mechanical function at a work site and not while it is travelling. This extension applies despite the Motor Vehicles exclusion. It does not apply to any liability that a compulsory third party scheme or statutory motor accident scheme covers, or would cover if the vehicle were registered.

Completed Work

We cover your liability for personal injury or property damage caused by work you have completed and handed over, as part of the Products Liability clause. We do not pay the cost of repairing, replacing or redoing the work itself (see the Your Products and Work Themselves exclusion).

Advertising Injury

We cover your liability for compensation because of advertising injury committed during the policy period within the geographical limits in the course of advertising your goods, services or business. This is an extension of the Public Liability clause and its other terms apply. The most we will pay for all advertising injury in the policy period combined is the public liability limit of liability.

Statutory Liability Defence Costs

We pay defence costs you incur, with our consent, to defend a prosecution brought under an Australian law against an insured for a breach of that law in connection with an occurrence that this policy covers or would cover but for the excess. The default sub-limit is $500,000 for all prosecutions in the policy period. This extension applies despite the Directors' and Officers' Liability exclusion and the Fines, Penalties and Punitive Damages exclusion, but only for defence costs.

We do not pay any fine or penalty that the law does not allow to be insured. In particular, we do not pay a penalty imposed under work health and safety law in a State or Territory whose law prohibits insurance of it (including New South Wales, Victoria and Queensland), and we do not pay a criminal fine. We do not pay the cost of complying with any order.

We advance defence costs as they are incurred. If a court finally decides, after any appeal or after the time for appeal has passed, that an insured person is guilty of an offence, or is liable in a civil penalty proceeding, and the law or the Corporations Act 2001 (Cth), sections 199A and 199B condition does not allow us to insure the legal costs of that proceeding, that person must repay the costs we advanced for it.

[WP REVIEW: confirm the list of jurisdictions that prohibit insurance of WHS penalties, and confirm the state-by-state position on insuring defence costs for WHS prosecutions, including the outcome tests for repayment.]

Cross Liabilities

Where you consist of more than one party, each is treated as if it had a separate policy, so that one of you can claim against another. This does not increase the limit of liability. This extension does not cover personal injury to an employee of the party against whom the claim is made, which the Employers' Liability exclusion deals with.

Newly Acquired Subsidiaries

An entity that becomes a subsidiary during the policy period is covered automatically for 60 days from the date it becomes a subsidiary, or to the end of the policy period if sooner, if its annual turnover is $10,000,000 or less (or the amount shown in the schedule) and its business is similar to the business. To continue cover after 60 days, you must give us details within those 60 days and pay any additional premium we reasonably require. We do not cover occurrences that happened before the entity became a subsidiary.

Voluntary Workers

We cover your liability for personal injury to a voluntary worker while working in the business, as if that person were a member of the public. This extension applies despite the Employers' Liability exclusion.

First Aid and Medical Services

We cover your liability for personal injury arising from first aid or emergency medical treatment given by you or an employee, other than a medical practitioner acting in that capacity, in connection with the business. This extension applies despite the Professional Services exclusion.

Damage to Underground Services

We cover your liability for property damage to underground pipes, cables, mains and other services, if before starting work you took reasonable steps to find them, including making an enquiry through Before You Dig Australia or the relevant authority and following the information provided. The default sub-limit is $500,000 for any one occurrence. We do not pay the cost of repairing the service itself unless you are legally liable for it.

Liability for Contractors

We cover your liability for personal injury or property damage caused by a contractor or subcontractor working for you in connection with the business. We do not cover the contractor or subcontractor themselves unless they are an insured under the definition of You, Your.

Business Visits Overseas

We cover your liability arising from business visits outside Australia and New Zealand by your directors, officers and employees who do no manual work while there. This extension does not apply to the USA and Canada. Cover for visits there, and for claims brought there, is available only under Endorsement E10.

Wrongful Arrest

We cover your liability for compensation because of false arrest, wrongful detention, false imprisonment or malicious prosecution, including the detention of a person suspected of theft, committed during the policy period within the geographical limits in connection with the business. This is an extension of the Public Liability clause and its other terms apply. The default sub-limit is $250,000 for any one occurrence.

Employees' and Visitors' Property

We cover your liability for property damage to the personal property of employees, labour hire workers and visitors while on your premises. The default sub-limit is $100,000 for any one occurrence. This extension applies despite the Property You Own or Control exclusion.

Incidental Supply of Liquor

We cover your liability arising from the supply of liquor in the course of the business where it is incidental to the business, such as at functions, events, client entertainment or as a gift. Liability arising from the sale or supply of liquor under a licence that you hold as licensee of a venue is covered only by Endorsement E07 (see the Licensed Venues exclusion).

Injury to Labour Hire Workers

We cover your liability for personal injury to a labour hire worker, as if that person were a member of the public, except to the extent the Employers' Liability exclusion applies. A worker-to-worker excess applies to these claims if one is shown in the schedule (see the Excess provision).

What Is Not Covered

We do not cover any claim, compensation, defence costs or other amount described in the exclusions below. Where an exclusion states that it does not apply in a particular case, that exception (a carve-back) applies only to the extent the exclusion says. Where an extension or endorsement states that it applies despite an exclusion, the extension or endorsement prevails to the extent it says so. The How the Exclusions Apply exclusion shows which exclusions have carve-backs.

Employers' Liability

Personal injury to an employee arising out of or in the course of their employment by you.

This exclusion also applies to any liability for personal injury to any other person, to the extent that you are required by any workers compensation law to insure that liability, or would be required to but for any exemption you hold.

This exclusion does not apply to liability for personal injury to a labour hire worker, a voluntary worker, or the employee of a contractor or subcontractor, except to the extent you are required by a workers compensation law to insure it.

[WP REVIEW: confirm, State by State, whether a host business must insure a labour hire worker under workers compensation law, so that this carve-back works as intended.]

Professional Services

Any act, error or omission in professional advice, design, specification, inspection, certification or other professional service that you give for a fee, or that would usually be given for a fee.

This exclusion does not apply to personal injury or property damage that is a direct physical result of that act, error or omission, or to advice given free of charge in connection with the sale of your products or the installation of them.

Cyber Event

Any loss, damage, liability or cost arising from access to or use of any computer system or electronic data by a person without authority, or from the corruption, deletion or unavailability of any computer system or electronic data, or from any breach of privacy or data protection law.

This exclusion does not apply to bodily injury, or to property damage to tangible property other than electronic data, caused directly by such an event. It also does not apply to mental injury that results from that bodily injury.

Any other mental injury, nervous shock, mental anguish or emotional distress, and any claim for invasion of privacy, including under any statutory or common-law action for serious invasion of privacy, that arises from such an event or breach is excluded.

[WP REVIEW: confirm the position on the statutory tort of serious invasion of privacy, and on distress claims after a data breach, for a general liability policy.]

Directors' and Officers' Liability

Any act, error or omission of a director or officer in their capacity as a director or officer in managing an entity, as distinct from carrying on the business.

Property You Own or Control

Property damage to property you own, or that is in your care, custody or control. This exclusion does not apply to the extent the Tenants' Liability extension, the Property in Your Care, Custody or Control extension or the Employees' and Visitors' Property extension covers the damage.

Your Products and Work Themselves

• Property damage to your products, if the damage is caused by a defect in them or by their nature;
• the cost of repairing, replacing, reconditioning, modifying or redoing any of your products or work;
• the cost of withdrawing, recalling, inspecting, repairing or replacing any of your products, or of any property of which they form part, because of a known or suspected defect (product recall is covered only by Endorsement E16); and
• loss of use of tangible property that has not been physically damaged, arising from a delay in or failure to perform a contract by you, or from your products failing to meet the level of performance, quality or fitness you warranted or represented.

This exclusion does not apply to property damage to other property caused by your products or work.

Product Performance

Failure of your products to perform their intended function or to meet the level of performance, quality, fitness or durability warranted or represented by you, unless the failure causes personal injury or property damage to other property. Product errors and omissions are covered only by Endorsement E17.

Contractual Liability

Liability you assume under any contract or agreement, to the extent it is greater than the liability you would have had without the contract or agreement.

This exclusion does not apply to:

• liability you would have had at law without the contract;
• a term of a contract that relieves a party from liability, or that requires you to indemnify a party, where that term is void or unenforceable under the Australian Consumer Law (including as an unfair contract term) and you remain liable at law;
• warranties or guarantees as to the fitness or quality of your products that are implied or imposed by law, including consumer guarantees under the Australian Consumer Law, but only for resulting personal injury or property damage to other property;
• a lease, licence or tenancy agreement for premises you occupy, other than any obligation to repair the premises;
• an agreement with a railway, road, port or public authority for access, siding, crossing or the like; and
• a contract with a principal that requires you to indemnify it for liability arising from the business, to the extent the principal is an insured under the definition of You, Your.

Deliberate Acts

Personal injury or property damage that you expected or intended. This exclusion does not apply to personal injury or property damage that results from reasonable force used to protect people or property. It applies only to the person who expected or intended the injury or damage, as set out in the Individual Treatment of Insureds condition.

Motor Vehicles

Personal injury or property damage arising from the ownership, use or operation by you or on your behalf of any vehicle that is registered, or is required by law to be registered, or that is being driven on a public road, or for which compulsory third party insurance or a statutory motor accident scheme provides cover or would if the vehicle were registered.

This exclusion does not apply to:

• property damage caused by a vehicle on your premises or at a work site, or in a car park, other than property damage to the vehicle itself;
• liability covered by the Loading and Unloading Vehicles extension or the Vehicles as Tools of Trade extension; or
• personal injury where no compulsory third party scheme or statutory motor accident scheme provides cover, and the vehicle is not required to be registered.

Aircraft and Watercraft

Personal injury or property damage arising from the ownership, use or operation by you or on your behalf of any aircraft (including any remotely piloted aircraft or drone), hovercraft, or any watercraft longer than 8 metres (or the length shown in the schedule).

This exclusion does not apply to aircraft you do not own or operate on which your employees travel as passengers, or to watercraft at or below that length. Drones are covered only by Endorsement E09.

Aircraft Products

Personal injury or property damage arising from your products that are installed in or used in any aircraft, if the products affect the flight capability, navigation or safety of the aircraft, or are used in its ground control or air traffic control. [WP REVIEW: confirm the scope against current Australian market wordings and whether an aviation products write-back is needed.]

Pollution

Personal injury or property damage, and any cost of testing, monitoring, cleaning up, removing, containing or neutralising, arising from the discharge, dispersal, release, seepage or escape of any pollutant.

This exclusion does not apply if the discharge, dispersal, release, seepage or escape is caused by a sudden, identifiable, unintended and unexpected event that takes place in its entirety at a specific time and place during the policy period, outside the USA and Canada. Gradual pollution is covered only by Endorsement E05.

Asbestos

Personal injury, property damage or any cost arising from asbestos or any material containing asbestos in any form, including its mining, manufacture, processing, distribution, sale, installation, presence, removal, disposal or exposure to it.

Silica

Personal injury arising from inhaling, ingesting or being exposed to respirable crystalline silica, silica dust, or any material containing silica, including engineered stone. Cover may be written back by Endorsement E20. Since 1 July 2024, the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs has been prohibited in Australia under work health and safety laws.

PFAS

Personal injury, property damage or any cost arising from per- and poly-fluoroalkyl substances (PFAS), including perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA) and perfluorohexane sulfonate (PFHxS), or any product or material containing them, including firefighting foam. Cover may be written back by Endorsement E22.

Mould

Personal injury or property damage arising from mould, mildew, fungus or spores, or any toxin they produce, unless they result directly from property damage caused by a sudden and accidental event covered by this policy.

Communicable Disease

Personal injury, property damage or any cost arising from the actual or alleged transmission of, or failure to prevent the transmission of, any communicable disease. This exclusion does not apply to food-borne illness caused by your products that are food or beverages. Other cover may be written back by Endorsement E23.

Abuse

Any liability arising from abuse, including liability for failing to prevent, detect or report abuse, for negligent hiring, supervision or retention of any person, or for any vicarious liability for abuse. This exclusion applies whoever committed the abuse. Cover may be written back by Endorsement E19.

Licensed Venues

Liability arising from the sale or supply of liquor by you, or by anyone on your behalf, under a liquor licence for which you are the licensee or approved manager, including liability for the actions of intoxicated persons. Cover may be written back by Endorsement E07. This exclusion does not apply to the Incidental Supply of Liquor extension.

Vibration and Removal of Support

Property damage to land, buildings or structures caused by vibration, or by the removal, weakening or interference with the support of land, buildings or structures, in connection with excavation, piling, demolition or similar work by you or on your behalf. Cover may be written back by Endorsement E13.

Shoring and Underpinning

Personal injury or property damage arising from shoring, underpinning or the temporary support of any building or structure by you or on your behalf. Cover may be written back by Endorsement E14.

Work Outside Australia and New Zealand

Liability arising from manual or physical work performed outside Australia and New Zealand by you or on your behalf. Cover may be written back by Endorsement E04. This exclusion does not apply to the Business Visits Overseas extension.

USA and Canada

• Any claim brought in a court in the USA and Canada, or to enforce a judgment or award of such a court;
• any liability arising from your products exported to the USA and Canada, by you or with your knowledge; and
• any liability arising from business visits to, or work in, the USA and Canada.

Cover may be written back by Endorsement E10.

High-Hazard Products

Personal injury or property damage arising from your products that are:

• therapeutic goods, medicines, medical devices or other goods regulated by the Therapeutic Goods Administration, unless written back by Endorsement E06;
• tobacco, nicotine or vaping products;
• firearms, ammunition, explosives or fireworks; or
• radioactive materials.

Known Injury or Damage

Personal injury or property damage that began before the policy period and that a member of your control group knew about, or ought reasonably to have known about, before the policy period began, including any continuation, change or resumption of it during the policy period. This exclusion does not apply if you told us about it before the policy period began and we agreed in writing to cover it.

Fines, Penalties and Punitive Damages

Fines, penalties, penalty notices, civil penalties, punitive, exemplary or aggravated damages, liquidated damages, and the multiple part of any multiplied damages award. New Zealand exemplary damages are covered only by Endorsement E18. This exclusion does not apply to defence costs under the Statutory Liability Defence Costs extension.

Financial Loss Without Injury or Damage

Financial loss that does not result from personal injury or property damage covered by this policy.

War and Terrorism

• War, invasion, act of foreign enemy, hostilities or warlike operations (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation by any government or public authority; and
• any act of terrorism, meaning an act, or the threat of an act, involving the use of force or violence by any person or group for political, religious, ideological or similar purposes, including to influence a government or put the public in fear, and any action to control, prevent or suppress it.

The terrorism part of this exclusion does not apply to personal injury from an act of terrorism that occurs in Australia, to the extent the Terrorism and Cyclone Insurance Act 2003 (Cth) makes it ineffective. [WP REVIEW: confirm the TCIA position for a general liability policy, which is not an eligible insurance contract for property or business interruption.]

Nuclear

Ionising radiation from, or contamination by radioactivity from, any nuclear fuel, nuclear waste or the combustion of nuclear fuel; the radioactive, toxic, explosive or other hazardous properties of any nuclear installation, assembly or component; and any nuclear weapon.

How the Exclusions Apply

The table shows which exclusions apply in full to each cover and which contain a carve-back. "Applies" means the exclusion applies in full. "Carve-back" means the exclusion applies except to the extent its own text preserves cover. Read the exclusion itself for the precise limit of any carve-back. The table is a guide only; the exclusions govern.

How Much We Will Pay

Limit of Liability

The most we will pay for compensation for any one occurrence under the Public Liability clause is the public liability limit of liability shown in the schedule.

The most we will pay for compensation for all occurrences in the policy period under the Products Liability clause is the products aggregate limit shown in the schedule. Each occurrence under that cover is also subject to the products aggregate limit as a limit for any one occurrence.

The limit of liability applies however many people or entities are insured, claims are made or claimants there are.

Sub-limits

A sub-limit shown in an extension, an endorsement or the schedule is the most we will pay for the matter it applies to. It is part of, and not in addition to, the limit of liability. Where a sub-limit applies "in the aggregate", it is the most we will pay for all occurrences in the policy period.

One Occurrence, One Limit

All personal injury and property damage attributable to one source or original cause is one occurrence, whenever it happens and however many people or properties are affected. This is the only rule for counting occurrences.

If the first personal injury or property damage from an occurrence happens during the policy period, the whole occurrence is treated as having happened in that policy period. This applies even if some of the injury or damage happens after the policy period ends, and despite the words "happens during the policy period" in the covers. Only the limit of liability and the excess of that policy period apply to it. No later policy period of a policy issued by us responds to it.

If the first personal injury or property damage happened before the policy period, the Known Injury or Damage exclusion applies to it, and this policy covers only the injury or damage that happens during the policy period. This paragraph does not apply if an earlier policy issued by us covers the occurrence under the rule above.

An occurrence falls under the Products Liability clause if it is caused by your products, and otherwise under the Public Liability clause. It cannot fall under both.

[WP REVIEW: confirm that treating a continuing occurrence as happening in the policy period of the first injury or damage is consistent with the "happens during the policy period" insuring clauses, including for products supplied in one year and causing injury over several years.]

Defence Costs and the Limit

We pay defence costs in addition to the limit of liability, with two exceptions:

• if the compensation you are liable to pay for an occurrence exceeds the applicable limit of liability, we pay only the proportion of defence costs that the limit of liability bears to the total compensation paid to settle or satisfy the claim; and
• for any claim brought in a court in the USA and Canada, or to enforce a judgment or award of such a court, defence costs are part of, and not in addition to, the limit of liability.

Endorsement E03 changes this so that defence costs are within the limit of liability for all claims, if it is shown in the schedule.

Worked example. Limit of liability $10,000,000. A claim settles for $15,000,000 and defence costs are $900,000. We pay $10,000,000 of the compensation and two-thirds of the defence costs ($600,000), because the limit is two-thirds of the total compensation.

Excess

You bear the excess shown in the schedule for each occurrence. It applies to compensation, and not to defence costs unless the schedule says so.

If a worker-to-worker excess is shown in the schedule, it applies to each worker-to-worker claim instead of the standard excess. If a special excess is shown in the schedule or an endorsement for a particular type of occurrence, it applies to that type of occurrence instead of the standard excess. Where more than one excess could apply to one occurrence, only the highest applies.

Paying Out the Limit

At any time, we may pay you the amount of the limit of liability that remains for an occurrence (less any amount already paid), together with defence costs and supplementary payments incurred to that date. When we do, we will have no further liability for that occurrence, including for defence costs incurred after that date. We will consult you before doing this and will give you reasonable time to take over the defence.

Other Insurance

If a loss covered by this policy is also covered by another insurance policy, we will not refuse or reduce our payment because of that other insurance. We may seek contribution from the other insurer as the law allows. This does not apply where the schedule or an endorsement states that this policy is excess of a specified underlying policy, in which case this policy pays only after the limit of that specified policy is exhausted. Endorsement E11 is an example.

Your Obligations

The Insurance Contracts Act 1984 (Cth) applies to each of these obligations, as set out in the Insurance Contracts Act 1984 (Cth) condition.

Tell Us About Occurrences and Claims

Tell us in writing as soon as reasonably practicable about any occurrence that could give rise to a claim, and immediately about any claim, demand, writ, summons or proceeding against you. Send us copies of any documents you receive.

Do Not Admit Liability

Do not admit liability, make any offer or payment, or settle any claim without our written consent, which we will not unreasonably withhold. Giving first aid, or expressing sympathy, is not an admission of liability.

Cooperate With Us

Give us the information and help we reasonably ask for to investigate, defend or settle a claim, including attending court or hearings. Keep and preserve any physical evidence, records and documents.

Reasonable Precautions

Take reasonable precautions to prevent personal injury and property damage, and comply with laws and regulations that apply to the safety of people and property. Once you know of a dangerous condition or defect, take reasonable steps to correct it. We will rely on this obligation only if you acted recklessly, meaning you recognised a danger and deliberately chose not to take, or did not care whether you took, measures to avert it.

Preserve Our Recovery Rights

Do not give up any right to recover from another person, except under the Waiver of Subrogation condition or under a written contract made before the occurrence. If we pay a claim, we may take over your rights of recovery and act in your name, and you must help us.

Tell Us About Changes

Tell us within 30 days if, during the policy period, the business changes materially in a way that increases the risk, including a new activity, a new class of products, products being exported to the USA and Canada, or the business starting to hold a liquor licence. We may then change the premium or terms for the rest of the policy period, as the Insurance Contracts Act 1984 (Cth) allows.

General Conditions

Insurance Contracts Act 1984 (Cth)

Nothing in this policy excludes, restricts or modifies the operation of the Insurance Contracts Act 1984 (Cth). Where this policy is inconsistent with the Act, the Act prevails.

If this policy would otherwise let us refuse to pay a claim, in whole or in part, because of something you did or did not do after this policy was entered into, section 54 of the Act applies. We may not refuse to pay the claim only because of that act or omission. Our liability is reduced by the amount that fairly represents the extent to which our interests were prejudiced. Where the act or omission could reasonably be regarded as capable of causing or contributing to the loss, we may refuse to pay only the part of the claim that the act or omission caused or contributed to. We may not refuse any part that you prove the act or omission did not cause. This applies to every condition, exclusion, limit and obligation in this policy, not only to the claims conditions.

Your Duty of Disclosure

Before you enter into, renew, extend, vary or reinstate this policy, you have a duty under the Insurance Contracts Act 1984 (Cth) to tell us anything that is known to you, or that you could reasonably be expected to know, that is relevant to our decision whether to insure you and on what terms. For an entity, what is known to a member of its control group is known to the entity (see the definition of Control Group). If we ask you specific questions, you must answer them honestly and with reasonable care.

You do not need to tell us anything that reduces the risk, that is common knowledge, that we know or should know as an insurer, or that we have told you we do not need to know.

If you do not comply with this duty, we may reduce our liability for a claim to the extent the Act permits, or, if the non-disclosure was fraudulent, avoid this policy. As between us and each insured, the duty and its consequences are assessed individually, as set out in the Individual Treatment of Insureds condition.

Individual Treatment of Insureds

Each insured is treated as having a separate policy for every provision of this policy that depends on what an insured knew, expected, intended, did or failed to do. This includes:

• the Your Duty of Disclosure condition;
• the definition of Occurrence, the test of what you did not expect or intend;
• the Deliberate Acts exclusion, the Known Injury or Damage exclusion and the Reasonable Precautions obligation; and
• Endorsements E16, E17, E18 and E19, and the Claims-Made Endorsements condition.

The knowledge, conduct or failure of one insured is not imputed to any other insured. The one exception is that the knowledge or conduct of a member of the control group of an entity is imputed to that entity. See the definition of Control Group.

Claims-Made Endorsements

Endorsements E17 and E19 respond to claims first made against you during the policy period, and not to the time when injury, damage or abuse happened. For those endorsements this condition applies despite the words "happens during the policy period" in the covers. Endorsement E05 responds on a discovery basis, as it states.

Reporting a claim. Tell us in writing about a claim as soon as reasonably practicable after you become aware of it. We will accept notice given during the policy period, or within 14 days after it ends if the claim was first made during the policy period.

Notice of circumstances. If, during the policy period, you give us written notice of facts that might give rise to a claim, as soon as reasonably practicable after you become aware of them, any claim later made against you that arises from those facts is treated as first made during the policy period. This implements section 40(3) of the Insurance Contracts Act 1984 (Cth). The notice must say what the facts are and why you think a claim might be made.

Related claims. Claims arising from the same source or original cause, or from the same person's conduct, are one claim. It is treated as first made when the earliest of them was first made.

Retroactive date. Each claims-made endorsement has its own retroactive date shown in the schedule (see the definition of Retroactive Date). If none is shown, the endorsement does not apply.

Known matters. A claims-made endorsement does not cover a claim arising from a fact or circumstance that a member of your control group knew of before the policy period began, unless you told us about it before then and we agreed in writing to cover it.

There is no extended reporting period for these endorsements unless the schedule shows one.

[WP REVIEW: confirm this condition against ICA s 40, including the 14-day reporting period, and the position that there is no automatic extended reporting period.]

Corporations Act 2001 (Cth), sections 199A and 199B

Section 199A of the Corporations Act 2001 (Cth) limits the liabilities and legal costs for which a company may indemnify its officers. Section 199B prevents a company from paying a premium for insurance that covers an officer against a liability, other than one for legal costs, arising out of conduct involving a wilful breach of duty in relation to the company, or a contravention of section 182 or 183 of that Act.

To the extent a company that is an insured pays the premium, this policy does not cover an insured person for a liability, other than legal costs, that section 199B prevents the company from insuring. This does not reduce cover for any other liability, or for legal costs.

[WP REVIEW: confirm this statement of ss 199A and 199B, and whether cover for a liability within s 199B can be provided where the insured person pays the relevant part of the premium.]

Waiver of Subrogation

We waive our rights of recovery against any person or entity who is an insured under this policy, except to the extent that another insurance policy covers that person or entity for the liability. We also waive our rights of recovery against any other person or entity where, before the occurrence, you agreed in writing to waive your rights against them.

Premium Adjustment

If the schedule shows that the premium is adjustable, the premium is a deposit based on the turnover, wages or products turnover you estimated for the policy period. Within 60 days after the policy period ends, give us the actual figures. We will then calculate the adjusted premium at the rates shown in the schedule. If the adjusted premium is higher, you pay us the difference; if it is lower, we refund the difference, but the premium will not be less than the minimum premium shown in the schedule.

Cancellation

You may cancel this policy at any time by telling us. We refund the premium for the unexpired period of insurance on a pro-rata basis, less any non-refundable government charges.

We may cancel this policy only as the Insurance Contracts Act 1984 (Cth) allows, by giving you written notice as that Act requires. We refund the premium for the unexpired period on a pro-rata basis.

Sanctions

We do not provide cover, pay any claim or provide any benefit under this policy to the extent that doing so would expose us to any sanction, prohibition or restriction under:

• the Autonomous Sanctions Act 2011 (Cth), the Charter of the United Nations Act 1945 (Cth), or regulations made under either Act; or
• the trade or economic sanctions laws of the United Kingdom, the United States of America or the European Union, to the extent they apply to us.

[WP REVIEW: confirm that naming the UK, US and EU regimes is appropriate for Australian capacity; this is a deliberate library-wide scope choice.]

Governing Law

This policy is governed by the law of the state or territory of Australia shown in the schedule for this purpose. If none is shown, it is governed by the law of the state or territory in which the named insured had its principal place of business at the start of the policy period.

Jurisdiction

You and we submit to the non-exclusive jurisdiction of the courts of the state or territory whose law governs this policy under the Governing Law condition, and the courts that hear appeals from those courts.

GST

Tell us the extent of any input tax credit you are entitled to claim for the premium. If you do not, we will assume you are entitled to a full input tax credit. When we pay a claim, we will reduce our payment by any input tax credit you are entitled to for that payment, as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Several Liability

If more than one insurer is shown in the schedule, each is responsible only for its own share. One insurer's share is not increased by the failure of another to pay.

Assignment

You cannot transfer this policy to another person or entity without our prior written consent.

Headings and References

Clauses in this policy are identified by their headings, not by numbers. A reference in this policy, the schedule, or an endorsement to a clause by its heading (for example, "the Pollution exclusion") is a reference to the clause with that heading in the version of this policy that applies to you. Headings do not otherwise limit or extend the meaning of the clause they introduce.

Disputes and Complaints

If you are unhappy with a decision, please contact us. We will follow our internal dispute resolution process and try to resolve the matter within 30 days.

If you are not satisfied, you can refer the matter to the Australian Financial Complaints Authority (AFCA): www.afca.org.au, info@afca.org.au, 1800 931 678. AFCA provides a free and independent dispute resolution service. Time limits may apply.

Privacy

We collect your personal information to assess your application, administer your policy and handle claims, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy is available on our website and on request.

How to Make a Claim

1. Contact your broker, or contact us directly at the details shown in the schedule.
2. Give us written details of the occurrence or claim, and copies of any documents you have received (see the Tell Us About Occurrences and Claims obligation).
3. Make the scene safe and look after anyone injured. First aid is not an admission of liability.
4. Keep any physical evidence, photographs and records.
5. Do not admit liability or agree to any settlement without our written consent (see the Do Not Admit Liability obligation).
6. We will acknowledge your notification, assign a claims manager and keep you informed.

Endorsement Library

An endorsement applies only if its code is shown in the schedule. Each endorsement changes this policy only as it states, and is read together with the variables (sub-limits, excesses, named parties, countries, dates) shown for it in the schedule. Where an endorsement and the rest of this policy conflict, the endorsement applies to the extent of the conflict. If a variable an endorsement needs is not shown in the schedule, the default stated in the endorsement applies; if it has no default, the endorsement does not apply until we show the variable in the schedule.

E01 Increased Tenants' Liability

The default sub-limit in the Tenants' Liability extension is replaced by the sub-limit shown in the schedule for this endorsement.

Schedule variables: tenants' liability sub-limit (any one occurrence).

E02 Increased Property in Your Care

The default sub-limit in the Property in Your Care, Custody or Control extension is replaced by the sub-limit shown in the schedule for this endorsement. If the schedule shows a special excess for this endorsement, it applies to each occurrence under that extension.

Schedule variables: care, custody or control sub-limit (any one occurrence); special excess (optional).

E03 Defence Costs Within the Limit

The Defence Costs and the Limit provision is replaced by the following. Defence costs are part of, and not in addition to, the limit of liability for every claim. Each payment of defence costs reduces the limit of liability available for compensation. Supplementary payments remain in addition to the limit of liability.

Schedule variables: none.

E04 Overseas Work

The Work Outside Australia and New Zealand exclusion does not apply to work performed in the countries shown in the schedule for this endorsement, during the periods (if any) shown. The geographical limits for public liability include those countries. This endorsement does not extend cover to the USA and Canada unless Endorsement E10 also applies. Any claim brought in the courts of a country shown is subject to any sub-limit shown for this endorsement.

Schedule variables: countries; periods (optional); sub-limit (optional).

E05 Gradual Pollution

This endorsement responds on a discovery basis. It applies despite the words "happens during the policy period" in the covers. The Pollution exclusion does not apply to personal injury or property damage caused by a gradual discharge, dispersal, release, seepage or escape of a pollutant from premises or a site where you work in Australia, if:

• the discharge began after the retroactive date shown in the schedule for this endorsement;
• it was first discovered by a member of your control group during the policy period; and
• you told us about it in writing within 30 days of discovery and during the policy period.

The personal injury or property damage may happen before or during the policy period, but not before the retroactive date. All personal injury and property damage from one discharge is one occurrence, discovered when the discharge was first discovered. We do not cover a discharge that a member of your control group knew of before the policy period began.

We do not cover the cost of testing, monitoring, cleaning up, removing, containing or neutralising pollutants on premises you own, lease or occupy, or any fine or penalty. The most we will pay under this endorsement for all occurrences in the policy period, including defence costs, is the aggregate sub-limit shown in the schedule.

Schedule variables: aggregate sub-limit; retroactive date; special excess (optional).

E06 Therapeutic Goods and Medical Devices

The therapeutic goods part of the High-Hazard Products exclusion does not apply to the products shown in the schedule for this endorsement, if they are included in the Australian Register of Therapeutic Goods (or are exempt from inclusion) and you comply with the Therapeutic Goods Act 1989 (Cth) and any recall procedure required under it. We do not cover liability arising from a product the Therapeutic Goods Administration has cancelled, suspended or ordered to be recalled before the occurrence. The sub-limit and any special excess shown for this endorsement apply.

Schedule variables: products and ARTG numbers; sub-limit (aggregate); special excess (optional).

E07 Licensed Venues

The Licensed Venues exclusion does not apply to the licensed venues shown in the schedule for this endorsement.

For each venue you must make sure that:

• the venue holds a current liquor licence and trades within its licensed hours and conditions; and
• your staff serving liquor hold current responsible service of alcohol accreditation required by the law of the state or territory.

If you do not, we may reduce our liability for an occurrence arising from the sale or supply of liquor at the venue to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows.

These licence conditions are part of this endorsement and are not variables. If the schedule shows a sub-limit or special excess for this endorsement, it applies.

Schedule variables: venues and licence numbers; sub-limit (optional); special excess (optional).

E08 Incidental Professional Services

The Professional Services exclusion does not apply to personal injury or property damage arising from advice, design, specification or inspection given by you for a fee in connection with the sale, installation or servicing of your products or the business, if the fee is incidental to the business. This endorsement does not cover financial loss without personal injury or property damage. The aggregate sub-limit shown in the schedule for this endorsement applies.

Schedule variables: aggregate sub-limit.

E09 Drones

The Aircraft and Watercraft exclusion does not apply to the remotely piloted aircraft shown in the schedule for this endorsement.

You must make sure that the aircraft is registered with the Civil Aviation Safety Authority (CASA) where required, and is flown by a person holding the accreditation or licence CASA requires, in accordance with the Civil Aviation Safety Regulations 1998 (Cth) Part 101. If you do not, we may reduce our liability for an occurrence involving the aircraft to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows.

These CASA conditions are part of this endorsement and are not variables. We do not cover property damage to the aircraft itself or anything it carries. The sub-limit shown for this endorsement applies.

Schedule variables: aircraft and CASA registration numbers; sub-limit (any one occurrence).

E10 USA and Canada

The USA and Canada exclusion does not apply to the exposures shown in the schedule for this endorsement (for example, products exported to the USA and Canada directly or indirectly, business visits there, or work performed there). The geographical limits include the USA and Canada for those exposures. For claims brought in a court in the USA and Canada, or to enforce a judgment or award of such a court:

• defence costs are part of, and not in addition to, the limit of liability;
• the sub-limit and excess shown for this endorsement apply; and
• we do not pay punitive, exemplary or aggravated damages, or the multiple part of any multiplied damages award.

Schedule variables: exposures covered; sub-limit (aggregate); excess.

E11 Excess Layer

This policy applies only in excess of the underlying insurance shown in the schedule for this endorsement. We will pay only after the underlying insurer, you or both have paid the full underlying limit. This policy follows the terms of the underlying insurance, except for the limit of liability, the premium, the policy period, and any term of this policy that is narrower. If the underlying aggregate limit is reduced or exhausted by payment of claims covered by this policy, this policy continues in excess of the reduced limit or, if exhausted, as underlying insurance, subject to the excess shown for this endorsement. We do not pay any amount the underlying insurer does not pay because of its insolvency or because the underlying insurance is void or cancelled. [WP REVIEW: check this drop-down and insolvency provision against ICA s45, which preserves true excess-layer other-insurance provisions.]

Schedule variables: underlying insurer, policy number and limits; excess (if the underlying is exhausted).

E12 Named Principals

Each principal shown in the schedule for this endorsement is an insured, but only for its liability arising from the business carried on for that principal under the contract shown, and only to the extent the contract requires you to insure it. The Cross Liabilities extension applies between you and the principal. If the contract requires, we will give the principal 30 days' written notice before we cancel this policy.

Schedule variables: principals and contract references; notice of cancellation (yes or no).

E13 Vibration and Removal of Support

The Vibration and Removal of Support exclusion does not apply, and the Pollution exclusion does not apply to vibration as a pollutant, if before the work started you:

• had a dilapidation survey made of buildings and structures within the zone of influence of the work, where a prudent contractor would; and
• followed the design and any monitoring required by a qualified engineer for excavation deeper than the depth shown in the schedule for this endorsement.

The sub-limit and special excess shown for this endorsement apply. We do not cover cosmetic cracking of less than 2 millimetres in width that does not affect the structural integrity of the building.

Schedule variables: sub-limit (any one occurrence and aggregate); special excess; excavation depth threshold (default 3 metres).

E14 Shoring and Underpinning

The Shoring and Underpinning exclusion does not apply, if the shoring, underpinning or temporary support was designed by a qualified structural or geotechnical engineer and carried out in accordance with that design and any required permits. The sub-limit and special excess shown for this endorsement apply.

Schedule variables: sub-limit (any one occurrence); special excess.

E15 Hot Works Conditions

This endorsement applies to welding, cutting, grinding, brazing, soldering, the use of open flame or any other process producing sparks or heat (hot works) that you carry out away from your premises.

When you carry out hot works away from your premises, you must:

• use a hot works permit system that identifies and removes or protects combustible materials within 11 metres of the work;
• keep a suitable fire extinguisher at the work location; and
• keep a person on fire watch during the work and for at least 30 minutes after it ends.

If you do not, we may reduce our liability for an occurrence arising from the hot works to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows. The special excess shown for this endorsement applies to each occurrence arising from hot works away from your premises.

Schedule variables: special excess.

E16 Product Recall Expenses

We will pay the recall expenses you incur in recalling your products from the market, if:

• the recall is required by law, or is necessary because you or a regulator first discover during the policy period that the use of your products has caused or could cause personal injury or property damage; and
• you tell us in writing within 7 days of deciding to recall.

Recall expenses means the reasonable costs of communicating the recall, transporting, storing and destroying recalled products, and extra staff costs, incurred within 12 months of the recall decision. The Your Products and Work Themselves exclusion does not apply to recall expenses covered by this endorsement.

We do not pay: the cost of repairing, replacing or refunding the products; loss of profit, market share or goodwill; recalls caused by the products reaching the end of their shelf life, by deterioration in normal use, or by a defect that a member of your control group knew of before the policy period; or recalls of products that are prohibited from sale. The most we will pay for all recalls in the policy period is the aggregate sub-limit shown for this endorsement, which is $500,000 if none is shown. The special excess shown for this endorsement applies to each recall.

Schedule variables: aggregate sub-limit (default $500,000); special excess.

E17 Product Errors and Omissions

We will pay the compensation you become legally liable to pay because your products fail to perform their intended function or to meet the level of performance, quality or fitness you warranted or represented, if:

• the claim is first made against you during the policy period and you tell us about it as set out in the Claims-Made Endorsements condition; and
• the products were supplied after the retroactive date shown in the schedule for this endorsement.

This endorsement applies despite the words "happens during the policy period" in the covers. For compensation covered by this endorsement, the following do not apply:

• the Product Performance exclusion;
• the Financial Loss Without Injury or Damage exclusion;
• the Contractual Liability exclusion, to the extent the liability is for breach of a warranty or representation about the performance, quality or fitness of your products; and
• the fourth point of the Your Products and Work Themselves exclusion (loss of use of tangible property that has not been physically damaged).

We do not pay the cost of repairing, replacing or refunding the products themselves, or any claim arising from a circumstance that a member of your control group knew of before the policy period. The most we will pay for all claims in the policy period, including defence costs, is the aggregate sub-limit shown for this endorsement. The special excess shown applies to each claim.

Schedule variables: aggregate sub-limit; retroactive date; special excess.

E18 New Zealand Exemplary Damages

The Fines, Penalties and Punitive Damages exclusion does not apply to exemplary or punitive damages awarded in New Zealand for personal injury that is covered by the Accident Compensation Act 2001 (NZ), where you are liable for them and they arise from an occurrence covered by this policy. We do not pay exemplary damages to the extent they are uninsurable by law, or where the conduct giving rise to them was deliberate or reckless conduct by a member of the control group of the named insured. The most we will pay for all such damages in the policy period, including defence costs, is the aggregate sub-limit shown for this endorsement.

Schedule variables: aggregate sub-limit (NZD or AUD).

E19 Abuse Write-back

This endorsement applies despite the words "happens during the policy period" in the covers. The Abuse exclusion does not apply to a claim for abuse that is first made against you during the policy period and that you tell us about as set out in the Claims-Made Endorsements condition, if the abuse first happened after the retroactive date shown in the schedule for this endorsement.

You must hold the child-safe accreditation, or follow the National Principles for Child Safe Organisations, as you told us in your proposal, and require working with children checks or equivalent screening for every person working with children or vulnerable people. If you do not, we may reduce our liability for a claim to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows.

We do not cover the person who committed the abuse, or any other insured who knew of it and failed to report it as the law required. One insured's knowledge is not imputed to another, except for the control group of an entity (see the Individual Treatment of Insureds condition). The most we will pay for all claims in the policy period, including defence costs, is the aggregate sub-limit shown for this endorsement, and the special excess shown applies to each claim.

[WP REVIEW: confirm the claims-made trigger against the removal of limitation periods for child abuse claims in each state, and the interaction with ICA s40(3).]

Schedule variables: aggregate sub-limit; retroactive date; special excess.

E20 Silica Write-back

The Silica exclusion does not apply to personal injury to a person other than an employee, labour hire worker or person working on the same site. It never applies to engineered stone work.

You must comply with the workplace exposure standard for respirable crystalline silica and the work health and safety laws that apply to silica dust control, including on-tool water suppression or extraction and air monitoring where required. If you do not, we may reduce our liability for the claim to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows.

The aggregate sub-limit and special excess shown for this endorsement apply.

Schedule variables: aggregate sub-limit; special excess.

E21 Worker-to-worker Excess

The excess for each worker-to-worker claim is the worker-to-worker excess shown in the schedule for this endorsement, instead of the standard excess. It applies to compensation and defence costs.

Schedule variables: worker-to-worker excess.

E22 PFAS Write-back

The PFAS exclusion does not apply to personal injury or property damage caused by a sudden, identifiable, unintended and unexpected release of PFAS that takes place in its entirety at a specific time and place during the policy period in Australia, if you tell us about it in writing within 30 days. We do not cover liability arising from your products that contain PFAS, from firefighting foam you supply, or from any release from premises you own, lease or occupy that began before the policy period. The aggregate sub-limit and special excess shown for this endorsement apply.

Schedule variables: aggregate sub-limit; special excess.

E23 Communicable Disease Write-back

The Communicable Disease exclusion does not apply to personal injury to a member of the public arising from the transmission of a communicable disease at your premises. We do not cover any claim arising from a pandemic or epidemic declared by the World Health Organization or by an Australian government.

You must comply with any public health order and with the infection control measures you told us about in your proposal. If you do not, we may reduce our liability for the claim to the extent that the failure caused or contributed to the loss, as s.54 of the Insurance Contracts Act 1984 (Cth) allows.

The aggregate sub-limit and special excess shown for this endorsement apply.

Schedule variables: aggregate sub-limit; special excess; infection control measures relied on.

Licence and Trademark Notice

This wording's text is licensed under Creative Commons Attribution 4.0 International (CC BY 4.0). The licence applies to the wording text only. It does not extend to, and no licence is granted in, the "Meridian" name, the Cuttleflow Systems name, logo, bearing mark, or any other trademark, trade dress, or brand asset, all of which remain the property of their respective owners and may not be used without separate permission.

An adopting agency's own schedule, endorsements, and other materials prepared for use with this wording are not required to be released under CC BY 4.0 merely because they are used together with this wording; CC BY 4.0 requires only that you attribute the wording text you use.

This wording is provided for general use and adaptation. Adopting agencies and their advisers are responsible for obtaining their own legal, regulatory, and reinsurance advice before use, and use of this wording requires the approval of the relevant capacity provider. Any Wording Partner review and sign-off letter issued in respect of this wording runs to Cuttleflow Pty Ltd t/a Cuttleflow Systems only and does not constitute legal advice to any adopting agency or insured.

Designed for the Australian market. Assumes application of the Insurance Contracts Act 1984 (Cth). Users are responsible for their own legal review, regulatory compliance, and reinsurance alignment.