malicious conduct of the insured unless such proceedings are successfully defended. 12. the pursuit or defence of any action alleging defamation or malicious falsehood.
13. the pursuit or defence of any legal proceedings relating to patents, copyrights, design rights, moral rights, trade or service marks, registered designs, passing off, trade secrets or confidential information.
14. the pursuit or defence of legal proceedings between the insured and a central or local government authority concerning the imposition of statutory charges except where an appeal is allowed at law.
15 . the defence of any legal proceedings arising from or relating to seepage, pollution or contamination of any kind.
16. any legal proceedings arising directly or indirectly from:
i) equipment failing correctly to recognise data representing year 2000 or any other date in such a way that it does not work properly or at all;
ii) computer viruses, including any program or software which prevents any operating system, computer program or software working properly or at all.
This does not apply to any claim relating to compensation for bodily injury.
17. any legal proceedings directly or indirectly caused by, contributed to, or arising from: i)
ii)
ionising radiations or contamination by radioactivity from an irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
GENERAL CONDITIONS 1. Observance of Terms
The insured must observe and comply with the terms, provisions and conditions of this policy. Any terms and conditions of this policy insofar as they relate to anything to be done or complied with by the insured , shall be conditions precedent to any liability of the insurer to make any payment under the policy.
2. Premiums
The premiums payable under this insurance may be based on the estimates of exposure during the period of insurance.
Having regard to the basis of calculation of premiums the insured shall keep a proper record of exposure. The insured shall allow us or our representatives to inspect such records and accounts at any reasonable time.
The insured shall provide us with a correct account of exposure within one month of the expiry of a period of insurance. If and to the extent that this declaration varies from the information on which the premium was based, the difference in premium shall be met by a further payment to the insurer or by a refund from the insurer as the case may be.
3. Record Keeping
The insured must take all reasonable care in keeping business books, records and accounts. Tax returns are to be submitted without undue delay and accounts and related taxation computations are to be submitted to the proper government department within the statutory period laid down at the end of the relevant period of account.
4. Cancellation
This policy may be cancelled at any time at the insured’s written request and the premium shall be adjusted on the basis of the insurer receiving or retaining the customary short-term premium.
This policy may be cancelled by us giving fourteen days’ notice sent in writing to the insured’s last known address and the premium shall be adjusted on the basis of the insurer receiving or retaining pro-rata premium.
No return of premium shall be allowed if the insured has given notification of a claim to us during the period of insurance.
5. Renewal
If we are willing to continue to provide cover and we advise the insured beforehand of our renewal terms the insured authorise us to renew this policy and any subsequent policy on expiry in accordance with our renewal terms 64
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