Umbrella Liability Insurance

About This Policy

This is an umbrella liability policy. It has two coverages.

The Coverage A — Excess of the Underlying Insurance clause pays loss above the underlying insurance shown in the schedule, for liability that the underlying insurance covers. It follows the terms of the underlying insurance, except where this policy says otherwise.

The Coverage B — Umbrella Cover clause pays loss above a self-insured retention, for liability that no underlying insurance covers, on the terms of this policy alone.

This policy is written on an occurrence basis. It drops down when an aggregate limit of the underlying insurance is reduced or exhausted by payment of loss, as the Retained Limit and Exhaustion clause sets out. It does not drop down for any other reason, including the insolvency of an underlying insurer.

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

This wording is written for businesses. 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 an umbrella layer written above a retail-eligible primary liability policy.]

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 and ABN, and the business
• The policy period, start and end dates
• The underlying insurance: each policy by class, insurer, policy number, wording and version, period, limit for any one occurrence, any aggregate limit, and any sub-limit this policy sits excess of
• The limit of liability for any one occurrence and the aggregate limits
• The self-insured retention for any one occurrence under Coverage B
• The geographical limits, where they differ from the definition of Geographical Limits
• The premium, the minimum premium, 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

Definitions

What Is Covered

Coverage A — Excess of the Underlying Insurance

We will pay loss in excess of the retained limit for liability that is covered by the underlying insurance, up to the limit of liability.

Under this coverage, this policy follows the terms of the underlying insurance that applies to the loss as they are at the start of the policy period, including its insuring clauses, definitions, exclusions, conditions and claims trigger, subject to the terms of this policy. Where this policy and the underlying insurance differ, the narrower terms apply, except for the limits, the premium, the policy period and any term of this policy that is wider in the Defence Costs clause, the Individual Treatment of Insureds condition or the Your Duty of Disclosure condition.

Where the underlying insurance has a sub-limit for a particular liability, this coverage does not apply above that sub-limit unless the E07 Excess of Underlying Sub-limits endorsement applies.

Coverage B — Umbrella Cover

We will pay loss in excess of the self-insured retention that you become legally liable to pay because of personal injury, property damage or advertising injury that:

• happens during the policy period within the geographical limits;
• is caused by an occurrence in connection with the business; and
• is not covered by any underlying insurance, and would not be covered by it if its limits had not been reduced or exhausted.

This coverage applies on the terms of this policy alone. It does not apply to liability that the underlying insurance covers, even if the underlying insurance does not pay it for a reason set out in the No Drop-down for Other Reasons clause.

Retained Limit and Exhaustion

This policy responds to a loss only once the retained limit has been reached for that loss.

Under the Coverage A — Excess of the Underlying Insurance clause, the retained limit is reached when the full underlying limit of each policy of underlying insurance that applies to the loss has been paid by any one or more of the underlying insurers, you, or any other insurer or person paying on your behalf. A payment counts only if it is a payment of loss that the underlying insurance would cover, disregarding any deductible or excess under it. It does not matter whether the payment was made by way of judgment, award or settlement. A settlement for less than an underlying limit does not prevent the retained limit being reached, as long as the difference is paid by you or on your behalf.

Where an aggregate underlying limit is reduced by payment of loss for personal injury or property damage that happens during the policy period, the retained limit is reduced by the amount of that payment. Where the aggregate underlying limit is exhausted by such payments, this policy responds in place of that underlying insurance for liability it would have covered, subject to the deductible or excess of that underlying insurance, which you bear. In both cases this policy covers nothing wider than the underlying insurance that was reduced or exhausted, and a payment of loss that happened before the start of the policy period does not reduce the retained limit.

Under the Coverage B — Umbrella Cover clause, the retained limit is reached when you, or someone on your behalf, have paid the self-insured retention for that occurrence.

[WP REVIEW: confirm that payment by the insured fills an underlying layer for the purpose of exhaustion, and that the aggregate drop-down here is consistent with ICA s.45.]

No Drop-down for Other Reasons

Apart from the reduction or exhaustion of an aggregate underlying limit described in the Retained Limit and Exhaustion clause, this policy does not drop down to replace any underlying insurance, and does not pay any part of a loss below the retained limit. That applies whatever the reason the underlying insurance does not pay, including:

• the insolvency, administration or liquidation of an underlying insurer, or its inability to pay;
• the cancellation, non-renewal, expiry, avoidance or reduction of any underlying insurance;
• a breach of the underlying insurance by you; or
• a refusal by an underlying insurer to pay all or part of a loss, for any reason.

In each of these cases you bear the amount below the retained limit that the underlying insurance does not pay.

Defence Costs

We pay defence costs for a claim for loss covered by this policy in addition to the limit of liability, except as this clause says.

Under the Coverage A — Excess of the Underlying Insurance clause, we do not pay defence costs that an underlying insurer pays or must pay. Once the underlying limits that apply to the claim have been exhausted, we pay defence costs as they are incurred. We may take part, at our own cost, in the defence of any claim that is likely to involve this policy.

Under the Coverage B — Umbrella Cover clause, we have the right to defend the claim. Defence costs count towards the self-insured retention, and we pay them once the self-insured retention has been paid.

For a claim brought in the USA and Canada, or to enforce a judgment made there, defence costs are part of, and reduce, the limit of liability.

What Is Not Covered

Exclusions That Apply to Both Coverages

We do not cover loss, under either coverage, arising directly or indirectly from any of the matters in this section. The What Is Not Covered Under Coverage B section lists further exclusions that apply to the Coverage B — Umbrella Cover clause only. The How the Exclusions Apply exclusion says how the exclusions work together with the underlying insurance.

Aircraft and Aviation Products

• The ownership, maintenance, operation or use by you or on your behalf of any aircraft, or of any airfield, runway or hangar; or
• any of your products that you knew, or ought reasonably to have known, would be used in or installed in an aircraft or used for the guidance, navigation or control of an aircraft.

The first point does not apply to unmanned aircraft of less than 25 kilograms operated within the law, where the underlying insurance covers the liability and this policy is under the Coverage A — Excess of the Underlying Insurance clause.

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.

Employment Practices

Any claim by a past, present or prospective employee or contractor arising from their employment or engagement, or its termination, including unfair dismissal, discrimination, harassment, bullying, breach of contract or underpayment.

Fines and Penalties

Any fine, penalty, punitive, exemplary or aggravated damages, or civil pecuniary penalty.

Under the Coverage A — Excess of the Underlying Insurance clause, this exclusion does not apply to aggravated or exemplary damages that the underlying insurance covers, where the law allows them to be insured. We do not pay any fine or penalty that the law does not allow to be insured, whatever law governs this policy, including a penalty imposed under work health and safety law in a State or Territory whose law prohibits insurance of it, or a criminal fine.

[WP REVIEW: confirm the list of jurisdictions that prohibit insurance of WHS penalties; library sources differ on WA and Victoria.]

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.

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. It also does not apply under the Coverage A — Excess of the Underlying Insurance clause to gradual pollution that the underlying insurance covers, where the schedule shows that this policy sits excess of that cover.

Your Products and Work, Recall and Guarantee

• 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 or contamination; and
• any guarantee or representation by you that your products or work will be fit for purpose or perform as represented, or any claim that they did not.

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

Professional Services

The giving of, or failure to give, professional advice or services for a fee, including design, specification, engineering, architectural, surveying, medical, legal, financial or information technology advice or services.

Under the Coverage A — Excess of the Underlying Insurance clause, this exclusion does not apply to liability that the underlying insurance covers under a carve-back or extension for incidental advice or for first aid.

USA and Canada

A claim brought in a court of the USA and Canada, a claim to enforce a judgment made there, or liability arising from your products that you knowingly exported to the USA and Canada, unless the E01 USA and Canada endorsement applies.

War, Terrorism and Nuclear

Any loss arising directly or indirectly from:

• war, invasion, act of foreign enemy, hostilities or warlike operations (whether war is declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power;
• an act of terrorism, meaning an act, or the threat of an act, that involves the use of force or violence, or harm to life, property or infrastructure, by any person or group, done or threatened for political, religious, ideological or similar purposes, including to influence a government or to put the public or any section of it in fear; or
• ionising radiation or contamination by radioactivity from any nuclear fuel or nuclear waste, or the radioactive, toxic, explosive or other hazardous properties of any nuclear assembly or component.

Workers Compensation and Employers' Liability

• Any obligation under any workers compensation, accident compensation or similar law, whether or not you have insurance for it; or
• personal injury to an employee arising out of and in the course of their employment by you.

The second point does not apply under the Coverage A — Excess of the Underlying Insurance clause to liability covered by employers' liability or workers compensation common law insurance shown as underlying insurance, where the E05 Employers' Liability Underlying endorsement applies.

How the Exclusions Apply

Under the Coverage A — Excess of the Underlying Insurance clause, the exclusions of the underlying insurance that applies to the loss also apply, and the exclusions of this policy that apply to both coverages apply even where the underlying insurance would cover the liability. Where the underlying insurance has a write-back, carve-back or sub-limit for a matter excluded by this policy, it does not extend this policy unless this policy or the schedule says so.

The knowledge or conduct of one insured is not imputed to another insured for the purpose of any exclusion, as the Individual Treatment of Insureds condition sets out.

What Is Not Covered Under Coverage B

Exclusions That Apply to Coverage B Only

We do not cover loss under the Coverage B — Umbrella Cover clause arising directly or indirectly from any of the matters in this section. These exclusions do not limit the Coverage A — Excess of the Underlying Insurance clause.

Abuse

Actual or alleged sexual, physical or psychological abuse, molestation or harassment of any person, or the failure to prevent it.

Communicable Disease

The actual or alleged transmission of any infectious or contagious disease, virus or bacterium from one person, animal or thing to another, or the threat or fear of it.

Contractual Liability

Liability you assume under a contract or agreement, unless you would have had that liability without the contract or agreement, or the E02 Principals and Others endorsement applies to it.

Cyber Event

Any access to or use of a computer system, network or data without the permission of its owner, any disruption, corruption or loss of a computer system, network or data, any malicious program, or the release of personal information held in a computer system, and any liability arising from any of them.

Directors and Officers

The acts, errors or omissions of a director or officer of an insured in that capacity, including a breach of a duty owed as a director or officer.

Known Injury or Damage

Personal injury or property damage that a member of your control group knew, before the start of the policy period, had happened, in whole or in part.

Property in Your Care

Property damage to property owned, leased, rented or occupied by you, or in your physical care, custody or control.

Registered 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 for which compulsory third party insurance or a statutory motor accident scheme provides cover or would if the vehicle were registered.

Watercraft

The ownership, operation or use by you or on your behalf of any watercraft more than eight metres long.

How We Pay

Limit of Liability

The most we will pay for loss from any one occurrence, under both coverages together, is the limit of liability.

The most we will pay in the policy period, in total, is the limit of liability:

• for all loss arising from your products; and, separately,
• for all loss under the Coverage B — Umbrella Cover clause; and, separately,
• for all other loss under the Coverage A — Excess of the Underlying Insurance clause to the extent the underlying insurance that applies to it has an aggregate limit.

Each aggregate is reduced by every payment of loss counted in it. Defence costs paid in addition under the Defence Costs clause do not reduce the limit of liability or any aggregate.

One Occurrence

All personal injury, property damage and advertising injury arising from the same, similar or related causes, or from continuous or repeated exposure to substantially the same general conditions, is one occurrence, however many people are injured, things damaged or claims made.

An occurrence that results in personal injury or property damage over more than one policy period is treated as happening when the personal injury or property damage first happens, and the limit of liability, retained limit and terms of the policy period in which it first happens apply to all of it.

Which Coverage Applies

A loss is paid under one coverage only. The Coverage A — Excess of the Underlying Insurance clause applies to liability that any underlying insurance covers, or would cover but for the reduction or exhaustion of its limits. The Coverage B — Umbrella Cover clause applies only to liability that no underlying insurance covers.

Where one occurrence gives rise to liability under both coverages, each part of the loss is paid under the coverage that applies to it, the limit of liability applies once to the whole occurrence, and you bear the self-insured retention only once for the occurrence.

Self-insured Retention

For each occurrence under the Coverage B — Umbrella Cover clause, you bear the self-insured retention, which applies to compensation and defence costs together. We pay only the part of the loss that exceeds it. The self-insured retention does not apply under the Coverage A — Excess of the Underlying Insurance clause.

You may not insure the self-insured retention unless the schedule says so. If you cannot pay the self-insured retention because you are insolvent, we will not pay any part of it, but we will pay the loss above it as if you had paid it.

[WP REVIEW: confirm the treatment of the self-insured retention on the insured's insolvency, including any effect of the Corporations Act 2001 (Cth) s.562 and state civil liability legislation on a third party's claim to policy proceeds.]

Other Insurance

This policy is written as a true excess layer above the underlying insurance. It is excess of, and does not contribute with, the underlying insurance, and pays only after the retained limit is reached.

If a loss covered by this policy is also covered by another insurance policy that is not underlying insurance, this policy is excess of that other insurance, unless the other insurance is written specifically to be excess of this policy. Where the other insurance is written on the same basis as this policy, we contribute with the other insurer in the proportion that our limit of liability bears to the total limits.

[WP REVIEW: confirm that the excess-of-other-insurance paragraph is preserved by ICA s.45 as a true excess-layer provision.]

Recoveries

Any amount recovered from a third party in respect of a loss paid under this policy and the underlying insurance, after deducting the reasonable costs of the recovery, is applied first to any layer above this policy, then to this policy, then to the underlying insurance, and lastly to you, including for the self-insured retention. Each receives no more than it paid. This provision does not apply to the extent that a different order is required by law.

We may take over and conduct, in your name, any right of recovery you have for a loss we pay. You must not give up any right of recovery after an occurrence without our written consent, but you may agree before an occurrence, in a written contract, to waive rights of recovery against another party.

Your Obligations

Maintain the Underlying Insurance

You must keep the underlying insurance in force throughout the policy period, at the limits and on the terms shown in the schedule, except for the reduction or exhaustion of an aggregate underlying limit by payment of loss.

If you do not, this policy still applies as if the underlying insurance had been kept in force, and the retained limit does not change. We are not liable for any loss that the underlying insurance would have paid had it been kept in force.

[WP REVIEW: confirm that this maintenance consequence operates as a definition of the layer insured and not as a refusal to pay to which s.54 applies.]

Tell Us About Occurrences and Claims

You must tell us as soon as reasonably practicable when you become aware of:

• an occurrence or claim for which the loss, including reserves for defence costs, is likely to exceed half of the underlying limit for any one occurrence;
• an occurrence that results in death, brain or spinal injury, amputation, serious burns or loss of sight; or
• an occurrence or claim that may involve the Coverage B — Umbrella Cover clause.

A notice given to an underlying insurer under its terms is notice to us as long as we also receive a copy within a reasonable time. Notice of circumstances that may give rise to a claim has the effect provided in s.40(3) of the Insurance Contracts Act 1984 (Cth).

Cooperate With Us

You must give us the information, documents and help that we reasonably ask for about any occurrence or claim that may involve this policy. We may take part, at our own cost, in the investigation, defence and settlement of any such claim, and you must keep us informed of significant developments in it.

Settlement Consent

You must not admit liability for, settle, or agree to any judgment on, a claim that is likely to involve this policy, without our written consent. We will not unreasonably withhold or delay our consent.

Tell Us About Changes

You must tell us as soon as reasonably practicable if:

• any underlying insurance is cancelled, not renewed, changed, or reduced other than by payment of loss;
• an underlying insurer becomes insolvent or enters administration or liquidation;
• the number of heavy vehicles you operate increases by more than five; or
• you begin to export products to, or carry out work in, the USA and Canada.

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

This is a contract of insurance for a business. It is not a consumer insurance contract. Before you enter into this policy with us, you have the duty of disclosure in section 21 of the Insurance Contracts Act 1984 (Cth): you must tell us every matter that you know, or that a reasonable person in the circumstances could be expected to know, is relevant to our decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty before you renew, extend, vary or reinstate this policy. For a company that is an insured, what it knows is what a member of its control group knows (see the definition of Control Group).

You do not need to tell us anything that reduces the risk we insure you for, that is common knowledge, that we know or should know as an insurer, or that we waive your duty to tell us about.

If you do not tell us something you are required to, we may reduce the amount we will pay you if you make a claim, or cancel this policy, or both, only as the Insurance Contracts Act 1984 (Cth) allows. If your failure is fraudulent, we may refuse to pay a claim and treat this policy as if it never existed. Disclosure is assessed separately for each insured, as the Individual Treatment of Insureds condition sets out.

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, and the Known Injury or Damage exclusion.

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. Where the underlying insurance gives an insured greater protection than this condition, this policy gives the same protection to the same insured under the Coverage A — Excess of the Underlying Insurance clause.

Including more than one insured does not increase the limit of liability.

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.

The cancellation or expiry of any underlying insurance does not by itself cancel this policy.

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 that governs the underlying public and products liability insurance 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).

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

Tell the underlying insurer first, as the underlying insurance requires, and send us a copy. Tell us directly as soon as reasonably practicable when an occurrence or claim is likely to involve this policy, as the Tell Us About Occurrences and Claims obligation sets out. Our contact details are in the schedule.

How Umbrella Cover Works

This guide explains this policy. It does not change its terms.

An umbrella policy does two jobs. Coverage A adds limit above your primary liability policies. Coverage B covers some liabilities your primary policies do not cover at all, above a self-insured retention you pay first.

For example, where your public and products liability policy has a limit of $10 million and this policy has a limit of liability of $10 million:

• for a public liability loss of $14 million, the primary policy pays $10 million (less its excess, which you pay), and this policy pays $4 million under Coverage A;
• if your products aggregate of $10 million has already been reduced to $3 million by earlier product claims this year, and a new product claim costs $5 million, the primary policy pays $3 million and this policy pays $2 million under Coverage A, dropping down in place of the exhausted aggregate;
• for a $200,000 advertising injury claim that your primary policy does not cover, with a self-insured retention of $10,000, you pay the first $10,000 and this policy pays $190,000 under Coverage B.

If your primary insurer cannot pay, for example because it is insolvent, this policy does not move down to replace it.

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 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. These endorsements are for use with this wording at version 1.0.x.

E01 USA and Canada

The USA and Canada exclusion does not apply to the extent that the underlying insurance covers claims brought in the USA and Canada, or arising from products exported there. This policy follows that cover under the Coverage A — Excess of the Underlying Insurance clause only, up to the sub-limit shown in the schedule for this endorsement, which is part of and not in addition to the limit of liability. Defence costs for these claims are part of, and reduce, that sub-limit.

Schedule variables: the sub-limit; whether exported products only, or also work carried out in the USA and Canada.

E02 Principals and Others

The persons or entities named in the schedule for this endorsement are insureds under both coverages, but only for liability arising from the business, only to the extent a written contract entered into before the occurrence requires you to insure them, and never for a higher limit than the contract requires.

The Contractual Liability exclusion does not apply to liability you assumed under that contract to indemnify the named persons or entities for personal injury or property damage caused by your negligence.

Schedule variables: the named principals or other parties; the contracts.

E03 Excess Only Basis

The Coverage B — Umbrella Cover clause does not apply. The paragraph of the Retained Limit and Exhaustion clause about the reduction or exhaustion of an aggregate underlying limit does not apply, and this policy responds only once the full underlying limits have been paid. The self-insured retention is not used.

Schedule variables: none.

E04 Heavy Vehicles

Motor vehicle liability insurance for the heavy vehicles described in the schedule is underlying insurance, and the Coverage A — Excess of the Underlying Insurance clause applies above it for property damage, and for personal injury where no compulsory third party scheme or statutory motor accident scheme provides cover. A heavy vehicle is a vehicle with a gross vehicle mass of more than 4.5 tonnes, or a trailer or prime mover.

This endorsement does not cover liability arising from the carriage of dangerous goods, within the meaning of the Australian Code for the Transport of Dangerous Goods by Road and Rail, unless the schedule says so.

Schedule variables: the number and type of heavy vehicles; the motor liability insurer and limit; whether dangerous goods are covered.

E05 Employers' Liability Underlying

The employers' liability or workers compensation common law insurance shown in the schedule for this endorsement is underlying insurance. The second point of the Workers Compensation and Employers' Liability exclusion does not apply to liability that insurance covers, and the Coverage A — Excess of the Underlying Insurance clause applies above it. The first point of that exclusion still applies: this policy never pays a statutory workers compensation benefit.

Schedule variables: the states or territories; the underlying employers' liability insurer and limit.

E06 Increased Self-insured Retention

The self-insured retention for each occurrence under the Coverage B — Umbrella Cover clause is the amount shown in the schedule for this endorsement instead of the amount shown for the policy. If no amount is shown, it is four times the self-insured retention shown for the policy.

Schedule variables: the increased self-insured retention (default four times the policy self-insured retention).

E07 Excess of Underlying Sub-limits

For each sub-limit of the underlying insurance shown in the schedule for this endorsement, the Coverage A — Excess of the Underlying Insurance clause applies above that sub-limit, as if it were the underlying limit for that liability, up to the sub-limit shown for it in the schedule for this endorsement, which is part of and not in addition to the limit of liability.

Schedule variables: each underlying sub-limit; the sub-limit of this policy above it.

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.