Steadfast QBE General and Products Liability Policy

General and Products Liability
Liability Insurance Policy

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Date of preparation: 10 November 2010
Date effective: 1 February 2013
QM794-0213
GENERAL AND PRODUCTS LIABILITY
IMPORTANT INFORMATION
This Policy and Your current Schedule are important. Please
ensure that You read them carefully and keep them in a safe
place.
The Policy, current Schedule, Claims Conditions, General
Conditions, Exclusions, Definitions and Endorsements (if any),
are to be read together as one contract.
Where any word or expression has been given a specific meaning
under the heading ‘DEFINITIONS - Words with special meaning’,
such word or expression shall bear that meaning wherever it
may appear in this Policy, unless such meaning is inapplicable
to the context in which such word or expression appears.
Headings have been included for ease of reference and it is
understood and agreed that the terms and Conditions of this
Policy are not to be construed or interpreted by reference to
such headings.
The insurance by this Policy shall be invalid unless the Schedule
and any alterations to the wording are signed by a person
authorised by Us.
If You have any questions regarding this Policy, please contact
Your Steadfast representative.
About QBE Australia
QBE Insurance (Australia) Limited is a member of the QBE
Insurance Group, one of the top 25 insurers and reinsurers
worldwide. QBE is Australian owned and operated, and provides
all major lines of general insurance cover for personal and
commercial risks throughout Australia.
QBE has a history of sustained and consistent performance
over 120 years which can be attributed to our risk management
credentials, track record of business stability, and the skill and
expertise of our people.
About Steadfast Group Limited
Steadfast Group Limited (Steadfast) is a public company. It
includes a large network of insurance brokerages who operate in
Australia as Steadfast Brokers. This policy is available exclusively
to you through a Steadfast Broker.
Steadfast Group Limited does not issue, guarantee or underwrite
this Policy.
Cooling-off information
If You want to return Your insurance after Your decision to buy
it, You may cancel it and receive a full refund. To do this You
may notify your Steadfast representative electronically or in
writing within twenty-one (21) days from the date this Policy
commenced.
This cooling-off right does not apply if You have made or are
entitled to make a claim. Even after the cooling-off period ends,
You still have cancellation rights. However, your Steadfast
representative may deduct certain amounts from any refund
for administration costs or any non-refundable taxes.
Important Information 1
About QBE Australia 1
About Steadfast Group Limited 1
Cooling-off information 1
Privacy 2
The General Insurance Code of Practice 2
Dispute resolution 2
Your responsibilities 2
Your Duty of Disclosure 2
Duties of Insurer 2
Claims 2
Liability Assumed by You under an Agreement 3
Contact for Assistance or Confirmation
of Cover 3
1. Definitions - words with special meaning 3
2. Insuring Clauses 7
3. What We Exclude 9
4. Claims Conditions 12
5. General Conditions 13
Index Page

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Privacy
Privacy legislation regulates the way private sector organisations
can collect, use, keep secure and disclose personal information.
We are bound by the Privacy Act 1988 (Cth) (the Privacy Act),
when collecting and handling your personal information. QBE
has developed a privacy policy which explains what sort of
personal information we hold about you and what we do with it.
We will only collect personal information from or about you for
the purpose of assessing your application for insurance and
administering your Policy, including any claims you make or
claims made against you. We will only use and disclose your
personal information for a purpose you would reasonably expect.
We may need to disclose personal information to our reinsurers
(who may be located overseas), insurance intermediaries,
insurance reference bureaux, credit reference agencies, our
advisers and those involved in the claims handling process
(including assessors, investigators and other insurers), for
the purposes of assisting us and them in providing relevant
services and products, or for the purposes of recovery or
litigation. We may disclose personal information to people
listed as co-insured on your Policy and to family members
or agents authorised by you. Computer systems and support
services may be provided to us by related companies within
the QBE Group that may be located overseas. We may also
disclose information to organisations which conduct customer
service surveys on our behalf. We will request your consent
to any other purpose.
By providing your personal information to us, you consent to
us making these disclosures. Without your personal information
we may not be able to issue insurance cover to you or process
your claim.
You also have the opportunity to find out what personal
information we hold about you and, when necessary, correct
any errors in this information. Generally we will do this without
restriction or charge. For further information about our Privacy
Policy or to access or correct your personal information,
please contact The Compliance Manager, QBE Insurance
(Australia) Limited, GPO Box 82 Sydney NSW 2001 or email:
compliance.manager@qbe.com
The General Insurance Code of Practice
QBE Insurance (Australia) Limited is a signatory to the General
Insurance Code of Practice. The Code aims to:
• promote more informed relations between insurers and
their customers;
• improve consumer confidence in the general insurance
industry;
• provide better mechanisms for the resolution of complaints
and disputes between insurers and their customers; and
• commit insurers and the professionals they rely upon to
higher standards of customer service.
Dispute resolution
We will do everything possible to provide a quality service to
you. However, we recognise that occasionally there may be
some aspect of our service or a decision we have made that
you wish to query or draw to our attention.
We have a Complaints and Dispute Resolution Procedure which
undertakes to provide an answer to your complaint within 15
working days.
If you would like to make a complaint or access our internal
dispute resolution service please contact your nearest QBE
office and ask to speak to a dispute resolution specialist.
If you are not happy with our answer, or we have taken more
than 15 working days to respond, you may take your complaint
to the Financial Ombudsman Service (FOS), an ASIC approved
external dispute resolution body.
FOS resolves certain insurance disputes between consumers
and insurers and will provide an independent review at no
cost to you. QBE is bound by the determination of FOS but
the determination is not binding on you.
We will provide the contact telephone number and address of
the FOS office upon request.
Your responsibilities
Your Duty of Disclosure
Before You enter into a contract of general insurance with Us,
(which includes this General and Products Liability Insurance
Policy) You have a duty under the Insurance Contracts Act
1984 to tell Us everything that You know, or could reasonably
be expected to know, is relevant to Our decision to insure You
and the terms and conditions on which We insure You.
You have the same duty to tell Us those things before We issue
cover, renew, extend, vary or reinstate a policy of insurance.
Information You do not need to give
You do not have to tell Us anything that:
• reduces the risk;
• is common knowledge;
• We already know or should know in the ordinary course
of Our business;
• has been indicated by Us as not necessary to know.
Non-Disclosure
If You fail to comply with Your duty of disclosure, We may be
entitled to reduce Our liability under the contract in respect of
a claim or may cancel the contract.
If Your non-disclosure is fraudulent, We may also have the
option of avoiding the contract from its beginning.
Duties of Insurer
We will act and conduct Ourselves with utmost good faith.
Claims
This Policy only provides cover in respect of Personal Injury
and/or Property Damage and/or Advertising Liability that occurs
during the Period of Insurance.

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Liability Assumed by You under an Agreement
It is not possible for You to transfer to Us the entire spectrum
of legal liabilities which You may be compelled to bear under
the terms of a wide variety of Indemnity and/or Hold Harmless
Clauses frequently inserted into commercial business contracts
by principals, lessors or other parties.
Liability assumed by You under an agreement is covered only
to the extent described in this General and Products Liability
Insurance Policy.
Prior to accepting legal liability for loss, destruction, damage
or injury, which would not otherwise have attached to You at
law, You should contact either Your Steadfast representative
or Us to enquire whether this General and Products Liability
Insurance Policy covers such liability or, if not, whether it may
be so extended.
Contact for Assistance or Confirmation of Cover
If You need to confirm any Policy transaction or clarify any of
the information contained in this Policy document or if You
have any other queries, please contact either Your Steadfast
representative or Us.
1. Definitions - words with special meaning
For the purpose of determining the cover provided by
this Policy:
1.1 “Act of Terrorism” means:
an act, including but not limited to the use of force
or violence and/or the threat of any person or group
of persons, whether acting alone or on behalf of or
in connection with any organisation or government
which from its nature or context is done for, or
in connection with political, religious, ideological,
ethnic or similar purposes including the intention to
influence any government and/or to put the public,
or any section of the public in fear.
1.2 “Advertising Injury” means:
Injury arising out of:
1.2.1 defamation, or
1.2.2 any breach of the misleading or deceptive
conduct provisions of the Trade Practices
Act 1974 (Commonwealth) or any Fair Trading
or similar legislation of any Country, State
or Territory; or
1.2.3 any infringement of copyright or passing off
of title or slogan; or
1.2.4 unfair competition, piracy, misappropriation of
advertising ideas or style of doing business;
or
1.2.5 invasion of privacy;
committed or alleged to have been committed during
the Period of Insurance in any advertisement, publicity
article, broadcast or telecast and caused by or arising
out of Your advertising activities.
1.3 “Aircraft” means:
any craft or object designed to travel through air
or space, other than model aircraft or unmanned
inflatable balloons used for advertising or promotional
purposes.
1.4 “Business” means:
the business as described in the Schedule and/or as
further described in any more specific underwriting
information provided to Us, at the time when this
insurance was proposed to Us or at the time of any
renewal of this Policy, and shall also include:
1.4.1 any prior operations or activities which have
ceased or have been disposed of but for
which You may retain a legal liability.
1.4.2 the ownership of premises and/or the tenancy
thereof by You.
1.4.3 participation in any exhibition by You or on
Your behalf.
1.4.4 the hire or loan of plant and/or equipment
to other parties.
1.4.5 conducted tours of Your premises.
1.4.6 the provision of any sponsorships, charities,
galas, first aid, medical, ambulance or fire
fighting services by You or on Your behalf.
1.4.7 private work undertaken by Your employees
for any of Your directors, partners, proprietors,
officers or executives.
1.4.8 the provision and/or management of any
canteen, social and/or sporting clubs or
educational, welfare and/or child care facilities
by You or on Your behalf, which are primarily
for the benefit of Your employees.
1.5 “Compensation” means:
monies paid or agreed to be paid by judgment, award
or settlement in respect of Personal Injury and/or
Property Damage and/or Advertising Injury.
Provided that such Compensation is only payable
in respect of an Occurrence to which this insurance
applies.
1.6 “Electronic Data” means:
facts, concepts and information converted to a form
useable for communications, display, distribution,
interpretation or processing by electronic and
electromechanical data processing or electronically
controlled equipment and includes programmes,
software and other coded instruction for such equipment.
1.7 “Employment Practices” means:
any wrongful or unfair dismissal, denial of natural
justice, defamation, misleading representation or
advertising, harassment or discrimination in respect
of Your employees.
Words with special meanings

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1.8 “Deductible” means:
the first amount of each claim or series of claims
arising out of any one Occurrence for which You are
responsible.
The Deductible applicable to this insurance appears
in the Schedule.
The Deductible applies to all amounts for which We
will be liable, including the indemnity provided by
Insuring Clause 2.2 (Defence Costs and Supplementary
Payments).
1.9 “General Liability” means:
Your legal liability in respect of Personal Injury and/or
Property Damage and/or Advertising Injury happening
in connection with the Business and caused by or
arising out of an Occurrence other than Products
Liability.
1.10 “Geographical Limits” means:
1.10.1 anywhere in the World except North America.
1.10.2 North America, but only with respect to:
1.10.2.1 overseas business visits by any of
Your directors, partners, officers,
executives or employees, who are
non-resident in North America, but
not where they perform manual
work in North America.
1.10.2.2 Products exported to North America without
Your knowledge.
1.11 “Hovercraft” means:
any vessel, craft or thing made or intended to transport
persons or property over land or water supported
on a cushion of air.
1.12 “Incidental Contracts” means:
1.12.1 any written rental and/or lease and/or hiring
agreement of real and/or personal property,
other than with respect to any term or condition
contained in such rental, lease and/or hiring
agreement that requires You to insure such
property.
1.12.2 any written contract with any authority or entity
responsible for the supply of electricity, fuel,
gas, natural gas, air, steam, water, sewerage
reticulation control systems, waste disposal
facilities, telephone and communication
services or other essential services, except
those contracts in connection with work
done for such authorities or entities.
1.12.3 any written contract with any railway authority
for the loading, unloading and/or transport
of Products, including contracts relating to
the operation of railway sidings.
1.12.4 those contracts designated in the Schedule.
1.13 “Medical Persons” includes but is not limited to:
medical practitioners, medical nurses, dentists and
first aid attendants.
1.14 “Named Insured” means:
1.14.1 the person(s), corporations and/or other
organisations specified in the Schedule,
1.14.2 all existing subsidiary and/or controlled
corporations (including subsidiaries thereof)
of the Named Insured incorporated in the
Commonwealth of Australia and/or any other
organisations under the control of the Named
Insured;
1.14.3 all subsidiary and/or controlled corporations
(including subsidiaries thereof) of the Named
Insured and/or any other organisations under
the control of the Named Insured incorporated
in the Commonwealth of Australia and which
are constituted or acquired by the Named
Insured during the Period of Insurance.
1.14.4 every subsidiary and/or controlled corporation
and/or other organisation of the Named
Insured which is divested during the Period
of Insurance, but only in respect of claims
made against such divested subsidiary or
controlled corporation or organisation caused
by or arising out of Occurrences insured
against by this Policy, which occurred prior
to the date of divestment.
1.15 “North America” means:
1.15.1 the United States of America and the Dominion
of Canada,
1.15.2 any state, territory or protectorate incorporated
in, or administered by, the United States of
America or the Dominion of Canada; and
1.15.3 any country or territory subject to the laws of
the United States of America or the Dominion
of Canada.
1.16 “Occurrence” means:
an event, including continuous or repeated exposure
to substantially the same general conditions, which
results in Personal Injury and/or Property Damage
and/or Advertising Injury that is neither expected nor
intended (except for the matters set out in clause
1.18.6) from Your standpoint.
With respect to Personal Injury and/or Property
Damage, all events of a series consequent upon or
attributable to one source or original cause shall be
deemed to be one Occurrence.
All Advertising Injury arising out of the same injurious
material or act (regardless of the frequency or repetition
thereof, the number and kind of media used, or the
number of claimants) shall be deemed to be one
Occurrence.
1.17 “Period of Insurance” means:
the Period of Insurance specified in the Schedule
and any extension thereof which may be agreed in
writing between You and Us.

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1.18 “Personal Injury” means:
1.18.1 bodily injury, death, sickness, disease, illness,
disability, shock, fright, mental anguish and/
or mental injury, including loss of consortium
or services resulting therefrom;
1.18.2 false arrest, false imprisonment, wrongful
detention, malicious prosecution or humiliation;
1.18.3 wrongful entry or wrongful eviction;
1.18.4 defamation or invasion of privacy, unless
arising out of Advertising Injury;
1.18.5 discrimination as a result of race, religion, sex,
marital status, age, intellectual impairment,
disability or otherwise (unless insurance
thereof is prohibited by law) not committed by
You or at Your direction, but only with respect
to liability other than fines and penalties
imposed by law;
1.18.6 assault and battery not committed by You or
at Your direction, unless committed for the
purpose of preventing or eliminating danger
to persons or property.
In the event of Personal Injury claims arising from
latent injury, latent sickness, latent disease, latent
illness or latent disability: such injury, sickness,
disease, illness or disability in respect of each claim
shall be deemed to have occurred on the day such
injury, sickness, disease, illness or disability was
first medically diagnosed.
1.19 “Pollutants” means:
any solid, liquid, gaseous or thermal irritant or
contaminant including smoke, vapours, soot, fumes,
acids, alkalis, chemicals and waste material. ‘Waste
material’ includes materials that are intended to be
recycled, reconditioned or reclaimed.
1.20 “Products” means:
anything manufactured, constructed, erected,
assembled, installed, grown, extracted, produced
or processed, treated, altered, modified, repaired,
serviced, bottled, labelled, handled, sold, supplied,
re-supplied or distributed, imported or exported, by
You or on Your behalf (including Your predecessors in
the Business), including any packaging or containers
thereof, including the design, formula or specification,
directions, markings, instructions, advice or warnings
given or omitted to be given in connection with such
products and anything which, by law or otherwise,
You are deemed to have manufactured in the course
of the Business including discontinued products.
Provided always that for the purpose of this insurance
the term “Products” shall not be deemed to include:
1.20.1 food and beverages supplied by You or on
Your behalf primarily to Your employees as
a staff benefit;
1.20.2 any vending machine or any other property
rented to or located for use of others but
not sold by You;
and any claims made against You in respect of
Personal Injury and/or Property Damage arising out
of any Occurrence in connection 1.20.1 and 1.20.2
above shall be regarded as General Liability claims
hereunder.
1.21 “Products Liability” means:
Your legal liability in respect of Personal Injury and/
or Property Damage caused by or arising out of
any Products or the reliance upon a representation
or warranty made at any time with respect to such
products; but only where such Personal Injury and/or
Property Damage occurs away from premises owned
or leased by or rented to You and after physical
possession of such products has been relinquished
to others.
1.22 “Property Damage” means:
1.22.1 physical loss, destruction of or damage to
tangible property, including the loss of use
thereof at any time resulting therefrom; and/
or
1.22.2 loss of use of tangible property which has not
been physically lost, destroyed or damaged;
provided that such loss of use is caused by
or arises out of an Occurrence.
1.23 “the Schedule” means:
the most current schedule issued by Us in connection
with this Policy.
1.24 “Tool of Trade” means:
a Vehicle that has tools, implements, machinery or
plant attached to or towed by the Vehicle and is being
used by You at Your premises or on any Worksite.
Tool of Trade does not include any Vehicle whilst
travelling to or from a Worksite or Vehicles that are
used to carry goods to or from any premises.
1.25 “Vehicle” means:
any type of machine on wheels or on self-laid tracks
made or intended to be propelled by other than manual
or animal power, and any trailer or other attachment
to be utilised in conjunction with or drawn by any
such machine.
1.26 “Watercraft” means:
any vessel, craft or thing made or intended to float
on or in or travel on or through water, other than
model boats.
1.27 “We, Us, Our, Ourselves” means:
QBE Insurance (Australia) Limited ABN 78 003 191 035.
1.28 “Worksite” means:
any premises or site where any work is performed
for and/or in connection with the Business together
with all areas surrounding such premises or site and/
or all areas in between such premises or site that
You shall use in connection with such work.

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1.29 “You, Your, Insured”
Each of the following is an Insured to the extent
specified below:-
1.29.1 the Named Insured.
1.29.2 every past, present or future director,
stockholder or shareholder, partner, proprietor,
officer, executive, employee or volunteer of
the Named Insured (including the spouse
or any family member of any such person
while accompanying such person on any
commercial trip or function in connection
with the Business) while such persons are
acting for or on behalf of the Named Insured
and/or within the scope of their duties in
such capacities.
1.29.3 any employee superannuation fund or pension
scheme managed by or on behalf of the
Named Insured, and the trustees and the
directors of the trustee of any such employee
superannuation fund or pension scheme
which is not administered by corporate fund
managers.
1.29.4 every principal in respect of the principal’s
liability arising out of:
1.29.4.1 the performance by or on behalf of
the Named Insured of any contract
or agreement for the performance of
work for such principal, but only to
the extent required by such contract
or agreement and in any event only
for such coverage and Limits of
Liability as are provided by this
Policy.
1.29.4.2 any Products sold or supplied by the
Named Insured, but only in respect
of the Named Insured’s own acts
or omissions in connection with
such products and in any event
only for such coverage and Limits
of Liability as are provided by this
Policy.
1.29.5 every person, corporation, organisation,
trustee or estate to whom or to which the
Named Insured is obligated by reason of any
law, agreement or permit (whether written
or implied) to provide insurance such as is
afforded by this Policy, but only to the extent
required by such law, agreement or permit
and in any event only for such coverage
and Limits of Liability as are provided by
this Policy.
1.29.6 every officer, member, employee or voluntary
helper of the Named Insured’s canteen, social
and/or sporting clubs, first aid, medical,
ambulance or fire fighting services, charities,
educational, welfare and/or child care facilities,
while acting in their respective capacities as
such.
1.29.7 any director, partner, proprietor, officer or
executive of the Named Insured in respect
of private work undertaken by the Named
Insured’s employees for such person and
any employee whilst actually undertaking
such work.
1.29.8 the estates, legal representatives, heirs or
assigns of:
1.29.8.1 any deceased or insolvent persons,
or
1.29.8.2 persons who are unable to manage
their own affairs by reason of mental
disorder or incapacity,
who would otherwise be indemnified by this
Policy, but only in respect of liability incurred
by such persons as described in clauses
1.29.8.1 and 1.29.8.2 above.
1.29.9 every party including joint venture companies
and partnerships to whom the Named Insured
is obligated by virtue of any contract or
agreement to provide insurance such as is
afforded by this Policy; but only to the extent
required by such contract or agreement and
in any event only for such coverage and
Limits of Liability as are provided by this
Policy.

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2. Insuring Clauses
2.1 What We Cover
We agree (subject to the terms, Claims Conditions,
General Conditions, Exclusions, Definitions and Limits
of Liability incorporated herein) to pay to You or on
Your behalf all amounts which You shall become
legally liable to pay as Compensation in respect of:
2.1.1 Personal Injury, and/or
2.1.2 Property Damage; and/or
2.1.3 Advertising Injury;
happening during the Period of Insurance within the
Geographical Limits, in connection with the Business
or Your Products and/or work performed by You or
on Your behalf and caused by or arising out of an
Occurrence.
2.2 Defence Costs and Supplementary Payments
With respect to the indemnity provided by this Policy,
We will:
2.2.1 defend, in Your name and on Your behalf,
any claim or suit against You alleging such
Personal Injury and/or Property Damage and/
or Advertising Injury and seeking damages on
account thereof even if any of the allegations
of such claim or suit is groundless, false or
fraudulent.
2.2.2 pay all charges, expenses and legal costs
incurred by Us and/or by You at Our written
request or with Our written consent (which
consent shall not be unreasonably withheld):
2.2.2.1 in the investigation, defence or
settlement of such claim or suit,
including loss of salaries or wages
because of Your attendance at
hearings or trials at Our request,
or
2.2.2.2 in bringing or defending appeals
in connection with such claim or
suit.
2.2.3 pay
2.2.3.1 all charges, expenses and legal
costs recoverable from or awarded
against You in any such claim or
suit, and
2.2.3.2 pre-judgment interest awarded
against You on that part of the
judgment payable by Us; and
2.2.3.3 all interest accruing on Our portion
of any judgment until We have paid,
tendered or deposited in court that
part of such judgment which does
not exceed the limit of Our liability
thereon.
2.2.4 pay premiums on:
2.2.4.1 bonds to release attachments
for amounts not exceeding the
applicable Limit of Liability of
this Policy but We shall have no
obligation to apply for or furnish
any such bond.
2.2.4.2 appeal bonds and/or security for
costs required in any suit but We
shall have no obligation to apply
for or furnish any such bonds and/
or security for costs.
2.2.5 pay expenses incurred by You for:
2.2.5.1 rendering first aid and/or surgical
and/or medical and/or therapeutic
relief to others at the time of any
Personal Injury (other than any
medical expenses, which we are
prevented from paying by any law).
2.2.5.2 temporary protection of damaged
or undamaged property of any
person or party, including temporary
repairs, shoring up and/or unpinning
thereof.
2.2.5.3 purchasing and/or hiring and/
or erection and dismantling of
hoarding, barriers, fences and any
other form of temporary protection,
including such protection which
You must provide in compliance
with the requirements of any
Government, Local Government
or other Statutory Authority.
2.2.6 pay all legal costs incurred by You with Our
consent for representation of You at:
2.2.6.1 any Coronial Inquest or Inquiry
2.2.6.2 any proceedings in any court or
tribunal in connection with liability
insured against by this Policy.
2.2.6.3 any Royal Commission or
Government Enquiry arising out
of any alleged breach of statutory
duty, or other similar judicial enquiry
into circumstances relating to any
Occurrence, claim or potential claim
which would be the subject of
indemnity under this insurance.
2.2.6.4 any enquiry, prosecution or hearing
of a disciplinary nature held before
a legally constituted enquiry board,
committee, licensing authority or
the like.
Provided that Our liability under clauses
2.2.6.3 and 2.2.6.4 shall not exceed $250,000
in respect of any one claim or series of claims
arising out of any one Occurrence.

Insuring Clauses

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2.5 Optional Additional Benefit - Products Exported
to North America with Your Knowledge
(Applicable only where this Additional Benefit is
confirmed in the Schedule)
The cover provided by this Policy is extended to
include any judgment, award or settlement made
within North America or any order made anywhere
in the World to enforce such judgment, award or
settlement either in whole or in part, subject to the
following additional terms and exclusions in respect
of any such judgment, award or settlement:-
2.5.1 cover only applies to Your legal liability in
respect of Personal Injury and/or Property
Damage that arises out of any Products
exported to North America with Your
knowledge.
2.5.2 cover is not provided for:
2.5.2.1 Personal Injury and/or Property
Damage directly or indirectly
caused by or arising out of the
discharge, dispersal, emission,
release or escape of Pollutants.
2.5.2.2 the cost of removing, nullifying or
clean up of Pollutants.
2.5.2.3 the cost of preventing the escape
of Pollutants.
2.5.2.4 any claim for Compensation if in
North America You have:
(a) any assets other than Products,
(b) a related or subsidiary company;
(c) any person or entity with power
of attorney; and/or
(d) any franchisor.
The amounts of such Defence Costs and Supplementary
Payments incurred, except payments in settlement
of claims and suits, are payable by Us in addition
to the applicable Limit of Liability of this Policy.
However, in respect of any claims or suits originating
in any court in North America, the applicable Limit
of Liability shown in the Schedule shall be inclusive
of all Defence Costs and Supplementary Payments.
Where We are prevented by law or otherwise from
making payments on Your behalf, We will indemnify
You for legal liability incurred to the extent that such
liability is covered by this Policy.
In jurisdictions where We may not legally be permitted
to, or cannot for any other reason, defend any claim
or suit against You, We will reimburse You for the
expense of such defence incurred with Our written
consent.
2.3 Limits of Liability and Deductible
Subject to clause 2.2 above and clauses 2.4 and
3.16.5 below:
2.3.1 The Limit of Liability specified in the Schedule
represents the maximum amount which We
shall be liable to pay in respect of any one
claim or series of claims for General Liability
arising out of any one Occurrence.
2.3.2 The Limit of Liability specified in the Schedule
represents the maximum amount which We
shall be liable to pay in respect of any one
claim or series of claims, and in the aggregate
during any one Period of Insurance, for
Products Liability.
The applicable Limit of Liability will not be reduced
by the amount of any Deductible payable by You.
2.4 Additional Benefit - Claims Preparation Costs
In addition to the amount of cover provided by
this Policy, We will pay up to $25,000 in respect
of each claim or series of claims arising out of any
one Occurrence for reasonable professional fees
and such other expenses incurred by You for the
preparation of a claim under this Policy.
The cover provided under this Additional Benefit
operates in addition to and shall not in any way affect
the cover provided under clause 2.2 of this Policy.
Insuring Clauses

9
3. What We Exclude
We do not cover any liability:
3.1 Advertising Injury
for Advertising Injury:
3.1.1 resulting from statements made at Your
direction with knowledge that such statements
are false.
3.1.2 resulting from failure of performance of contract
but this exclusion shall not apply to claims
for unauthorised appropriation of advertising
ideas contrary to an implied contract.
3.1.3 resulting from any incorrect description of
Products or services.
3.1.4 resulting from any mistake in advertised
price of Products or services.
3.1.5 failure of Your Products or services to conform
with advertised performance, quality, fitness
or durability.
3.1.6 incurred by any Insured whose principal
occupation or business is advertising,
broadcasting, publishing or telecasting.
3.2 Aircraft, Hovercraft or Watercraft
for Personal Injury and/or Property Damage arising
from:
3.2.1 the ownership, maintenance, operation or
use by You of any Aircraft.
3.2.2 the ownership, operation or use by You of
any Watercraft or Hovercraft exceeding ten
(10) metres in length, whilst such Watercraft
or Hovercraft is on, in or under water.
Provided that Exclusion 3.2.2 shall not apply
with regard to claims arising out of:
3.2.2.1 Watercraft used in operations
carried out by any independent
contractors for whose conduct
You may be held liable.
3.2.2.2 Hovercraft owned and operated
by others and used by You for
business entertainment.
3.2.2.3 Watercraftownedbyothersandused
by You for business entertainment.
3.2.2.4 hand propelled or sailing craft
exceeding ten (10) metres in length,
whilst such craft is in territorial
waters.
3.3 Aircraft Products
arising out of Your Products that are Aircraft or Aircraft
component parts used for maintaining an Aircraft
in flight or moving upon the ground or used in the
construction of an Aircraft hull or machinery which
to Your knowledge are incorporated in an Aircraft.
3.4 Asbestos
directly or indirectly arising out of, resulting from,
in consequence of, contributed to or aggravated by
asbestos in whatever form or quantity.
3.5 Breach of Professional Duty
arising out of any breach of duty owed in a professional
capacity by You and/or any person(s) for whose
breaches You may be held legally liable, but this
exclusion shall not apply to claims:
3.5.1 in respect of Personal Injury and/or Property
Damage arising from such breach of duty.
3.5.2 arising out of the rendering of or failure
to render professional medical advice by
Medical Persons employed by You to provide
first aid and other medical services on Your
premises.
3.5.3 arising out of advice or service which is not
given for a fee.
3.5.4 arising out of advice given in respect of the
use or storage of Your Products.
3.6 Contractual Liability
which has been assumed by You under any contract
or agreement that requires You to:
3.6.1 effect insurance over property, either real
or personal.
3.6.2 assume liability for, Personal Injury and/or
Property Damage regardless of fault; provided
that this exclusion shall not apply with regard
to:
3.6.2.1 liabilities which would have been
implied by law in the absence of
such contract or agreement; or
3.6.2.2 liabilities assumed under Incidental
Contracts; or
3.6.2.3 terms regarding merchantability,
quality, fitness or care of Your
Products which are implied by
law or statute; or
3.6.2.4 liabilities assumed under the
contracts specifically designated
in the Schedule or in any
endorsement(s) to this Policy.
3.7 Damage to Products
for Property Damage to any Products where such
damage is directly caused by a fault or defect in such
Products; but this exclusion shall be interpreted to
apply with respect to damage to that part and only
that part of such product to which the damage is
directly attributable.
3.8 Defamation
for defamation:
3.8.1 resulting from statements made prior to the
commencement of the Period of Insurance.
What We Exclude

10
3.8.2 resulting from statements made at Your
direction with knowledge that such statements
are false.
3.8.3 incurred by any Insured whose principal
occupation or business is advertising,
broadcasting, publishing or telecasting.
3.9 Electronic Data
arising out of:
3.9.1 the communication, display, distribution
or publication of Electronic Data; provided
that this Exclusion 3.9.1 does not apply to
Personal Injury and/or Advertising Injury
arising therefrom;
3.9.2 the total or partial destruction,
distortion, erasure, corruption, alteration,
misrepresentation or misappropriation of
Electronic Data;
3.9.3 error in creating, amending, entering, deleting
or using Electronic Data;
3.9.4 the total or partial inability or failure to receive,
send, access or use Electronic Data for any
time or at all;
from any cause whatsoever, regardless of any other
contributing cause or event whenever it may occur.
3.10 Employers Liability
3.10.1 for Bodily Injury to any Worker in respect
of which You are or would be entitled to
indemnity under any policy of insurance,
fund, scheme or self insurance pursuant to or
required by any legislation relating to Workers’
Compensation or Accident Compensation
whether or not such policy, fund, scheme
or self insurance has been effected.
Provided that this Policy will respond to the
extent that Your liability would not be covered
under any such policy, fund, scheme or self
insurance arrangement had You complied
with Your obligations pursuant to such law.
3.10.2 imposed by:
3.10.2.1 the provisions of any industrial award
or agreement or determination
or any contract of employment
or workplace agreement where
such liability would not have been
imposed in the absence of such
industrial award or agreement
or determination or contract
of employment or workplace
agreement.
3.10.2.2 any law relating to Employment
Practices.
Notwithstanding Exclusion clause 3.6, Exclusions
3.10.1 and 3.10.2 shall not apply with respect to
liability of others assumed by the Named Insured
under a written contract or agreement.
For the purpose of Exclusions 3.10.1 and 3.10.2:
(a) the term ‘Worker’ means any person deemed
to be employed by You pursuant to any
Workers’ Compensation Law. Voluntary
workers, secondees and work experience
students (if any) shall not be deemed to be
Your Workers.
(b) the term ‘Bodily Injury’ means bodily injury,
death, sickness, disease, illness, disability,
shock, fright, mental anguish and/or mental
injury, including loss of consortium or services
resulting therefrom.
3.11 Faulty Workmanship
for the cost of performing, completing, correcting
or improving any work undertaken by You.
3.12 Fines, Penalties, Punitive, Exemplary or Aggravated
Damages
for any fines, penalties, punitive, exemplary or
aggravated damages.
3.13 Liquidated Damages
arising out of liquidated damages clauses, penalty
clauses or performance warranties except to the
extent that such liability would have attached in the
absence of such clauses or warranties.
3.14 Loss of Use
for loss of use of tangible property, which has not
been physically lost, destroyed or damaged, directly
arising out of:
3.14.1 a delay in or lack of performance by You or
on Your behalf of any contract or agreement;
or
3.14.2 failure of any Products or work performed
by You or on Your behalf to meet the level
of performance, quality, fitness or durability
expressly or impliedly warranted or represented
by You; but this Exclusion 3.14.2 shall not
apply to Your liability for loss of use of other
tangible property resulting from sudden and
accidental physical loss, destruction of or
damage to any Products or work performed
by You or on Your behalf after such products
or work have been put to use by any person
or organisation other than You.
3.15 Pollution
3.15.1 for Personal Injury and/or Property Damage
directly or indirectly caused by or arising out
of the discharge, dispersal, release, seepage,
migration or escape of Pollutants into or upon
land, the atmosphere or any water course
or body of water.
3.15.2 for any costs and expenses incurred in
preventing the discharge, dispersal, release,
seepage, migration or escape of, or, testing
and monitoring for, containing, removing,
nullifying, or cleaning up of, Pollutants.
What We Exclude

11
Provided that, with respect to any such liability
which may be incurred anywhere other than North
America, Exclusions 3.15.1 and 3.15.2 shall not
apply where such discharge, dispersal, release,
seepage, migration or escape is caused by a sudden,
identifiable, unintended and unexpected event from
Your standpoint which takes place in its entirety at
a specific time and place.
3.16 Property in Your care, custody or control
for Property Damage to property in Your physical
or legal care, custody or control; but this exclusion
shall not apply with regard to:
3.16.1 the personal property, tools and effects of
any of Your directors, partners, proprietors,
officers, executives or employees, or the
clothing and personal effects of any of Your
visitors.
3.16.2 premises or part(s) of premises (including their
contents) leased or rented to, or temporarily
occupied by, You for the purpose of the
Business, but no cover is provided by this
Policy if You have assumed the responsibility
to insure such premises.
3.16.3 3.16.3.1 premises (and/or their contents)
temporarily occupied by You for
the purpose of carrying out work
in connection with the Business,
or
3.16.3.2 any other property temporarily in
Your possession for the purpose
of being worked upon;
but no indemnity is granted for damage to
that part of any property upon which You are
or have been working if the damage arises
solely out of such work.
3.16.4 any Vehicle (including its contents, spare
parts and accessories while they are in or
on such Vehicle) not belonging to or used
by You, whilst any such Vehicle is in a car
park owned or operated by You; provided
that You do not operate the car park for
reward, as a principal part of Your business.
3.16.5 notwithstanding Exclusion clause 3.6
“Contractual Liability”, any property (except
property that You own) not mentioned in
clauses 3.16.1 to 3.16.4 above whilst in Your
physical or legal care, custody or control
whether or not You have accepted or assumed
legal liability for such property. Provided that
Our liability under this clause 3.16.5 shall
not exceed $250,000 in respect of any one
claim or series of claims arising out of any
one Occurrence.
3.17 Property owned by You
for Property Damage to property owned by You.
3.18 Product Guarantee
for any Products warranty or guarantee given by
You or on Your behalf, but this exclusion shall not
apply to the requirements of any Federal or State
legislation as to product safety and information.
3.19 Product Recall
for damages, costs or expenses arising out of the
withdrawal, recall, inspection, repair, reconditioning,
modification, reinstallation, replacement or loss of use
of any Products where such Products are withdrawn
or recalled from the market or from use by the Named
Insured because of any known, alleged or suspected
defect or deficiency in such Products.
3.20 Radioactivity
directly or indirectly caused by, contributing to by
or arising from radioactivity or the use, existence
or escape of any nuclear fuel, nuclear material, or
nuclear waste or action of nuclear fission or fusion.
Provided that Exclusion 3.20 shall not apply to
liability arising from radio-isotopes, radium or radium
compounds when used away from the place where
such are made or produced and when used exclusively
incidental to ordinary industrial, educational, medical
or research pursuits.
3.21 Terrorism
for loss, damage, liability, cost or expense of any
nature directly or indirectly caused by, resulting from
or in connection with any Act of Terrorism, regardless
of any other cause or event contributing concurrently
or in any other sequence to the loss.
Provided that, Exclusion 3.21 also excludes loss,
damage, liability, cost or expense of any nature
directly or indirectly caused by, resulting from or
in connection with any action taken in controlling,
preventing, suppressing or in any way relating to
any Act of Terrorism.
3.22 Vehicles
for Personal Injury and/or Property Damage arising
out of the ownership, possession or use by You of
any Vehicle:
3.22.1 which is registered or which is required under
any legislation to be registered, or
3.22.2 in respect of which compulsory liability
insurance or statutory indemnity is required
by virtue of legislation (whether or not that
insurance is effected);
but Exclusions 3.22.1 and 3.22.2 shall not apply to:
3.22.3 Personal Injury where:
3.22.3.1 that compulsory liability insurance
or statutory indemnity does not
provide indemnity, and
What We Exclude

12
3.22.3.2 the reason or reasons why that
compulsory liability or statutory
indemnity does not provide
indemnity do not involve a breach
by You of legislation relating to
Vehicles.
3.22.4 any Vehicle (including any tool, implement,
machinery or plant forming part of or attached
to or used in connection with such vehicle)
whilst being operated or used by You or
on Your behalf as a Tool of Trade at Your
premises or on any Worksite.
3.22.5 the delivery or collection of goods to or from
any Vehicle.
3.22.6 the loading or unloading of any Vehicle.
3.22.7 any Vehicle temporarily in Your custody or
control for the purpose of parking.
3.22.8 Property Damage caused by or arising out
of the movement of any Vehicle (which is
required to be Conditionally Registered in
accordance with the law of any State or
Territory in Australia) in the event of Your
inadvertent and unintentional failure to effect
Conditional Registration.
3.23 War
in respect of war, invasion, acts of foreign enemies,
hostilities or warlike operations (whether war be
declared or not), civil war, rebellion, revolution,
insurrection, civil commotion assuming the proportions
of or amounting to an uprising, military or usurped
power, or confiscation or nationalisation or requisition
or destruction of or damage to property by or under the
order of any government or public or local authority.
4. Claims Conditions
4.1 Notification of Occurrence, Claim or Suit
You shall give:
4.1.1 written notice to Us, as soon as reasonably
practicable, of any claim made against You
or any Occurrence that may give rise to a
claim being made against You and which is
covered by this Policy.
4.1.2 all such additional information that We
may reasonably require and every demand,
writ, summons, proceedings, impending
prosecution or inquest and all documents
relating to the claim or Occurrence shall be
forwarded to Us as soon as practicable after
they are received by You.
4.1.3 Written notice (including facsimile transmission)
must be given to Us via Your Steadfast
representative.
4.2 Your Duties in the event of an Occurrence, Claim
or Suit
4.2.1 You shall not, without Our written consent
(which consent shall not be unreasonably
withheld), make any admission, offer, promise
or payment in connection with any Occurrence
or claim.
4.2.2 You shall use the best endeavours to preserve
all property, products, appliances, plant,
and all other things which may assist in the
investigation or defence of a claim or suit or
in the exercise of rights of subrogation and,
so far as may be reasonably practicable, no
alteration or repair shall be effected without
Our consent until We have had an opportunity
of inspection.
4.2.3 You shall, when so requested, provide Us with
details of any other insurances current at the
time of any Occurrence, and/or Personal Injury
and/or Property Damage and/or Advertising
Injury and covering any of the liability insured
by this Policy.
4.3 Our Rights regarding Claims
4.3.1 Following the happening of any Occurrence
in respect of which a claim is, or may be,
made under this Policy, We shall have full
discretion in the conduct of any proceedings
in connection with any claim. You shall give
such information and assistance that We
may reasonably require in the prosecution,
defence or settlement of any claim.
4.3.2 We may at any time pay to You, in respect
of all claims against You arising directly or
indirectly from one source or original cause:
4.3.2.1 the amount of the Limit of Liability
or such other amount specified in
respect thereof (after deduction
of any sum(s) already paid by Us,
which sum(s) would reduce the
amount of Our unfulfilled liability
in respect thereof); or
Claims Conditions

13
4.3.2.2 any lesser sum for which the claim(s)
can be settled.
4.3.3 Upon making such payment, We shall relinquish
conduct and control of, and be under no
further liability under this Policy in connection
with, such claim(s) except for Defence Costs
and Supplementary Payments:
4.3.3.1 recoverable from You in respect of
the period prior to the date of such
payment (whether or not pursuant
to an order made subsequently);
or
4.3.3.2 incurred by Us, or by You with Our
written consent, prior to the date
of such payment.
4.4 Goods and Services Tax
You must inform Us of the extent to which You are
entitled to an input tax credit for the premium each
time that You make a claim under this Policy. No
payment will be made to You for any GST liability that
arises on the settlement of a claim under this Policy
when You have not informed Us of Your entitlement
or correct entitlement to an input tax credit.
Notwithstanding anything contained in this Policy
(including the Schedule and any endorsements
attached hereto) to the contrary, Our liability will be
calculated after taking into account:
4.4.1 any input tax credit to which You, or any
claimant against You, is entitled for any
acquisition relevant to a claim paid under
this Policy; and
4.4.2 any input tax credit to which You, or any
claimant against You, would have been entitled
were You or the claimant to have made a
relevant acquisition; and
4.4.3 the GST exclusive amount of any supply
made by You which is relevant to Your claim.
If the applicable Limit of Liability is not sufficient
to cover Your claim, We will only pay GST (less any
relevant input tax credit) that relates to Our proportion
of Your claim.
The terms ‘GST’, ‘input tax credit’, ‘acquisition’
and ‘supply’ have the meanings ascribed to them
in the A New Tax System (Goods and Services Tax)
Act 1999.
Nothing herein contained shall be held to vary, alter,
waive or extend any of the terms, Claims Conditions,
General Conditions, Exclusions or Definitions of this
Policy other than as stated above.
5. General Conditions
5.1 Adjustment of Premium
If the first premium or any renewal premium for this
Policy or any part thereof shall have been calculated
on estimates provided by You, You shall keep an
accurate record containing all particulars relative
thereto and shall at all reasonable times allow Us
to inspect such record.
You shall, where requested by Us after the expiry
of each Period of Insurance, provide to Us such
particulars and information as We may require as
soon as reasonably practicable. The premium for
such Period shall thereupon be adjusted and any
difference paid by or allowed to You, as the case
may be, subject to retention by Us of any minimum
premium that may have been agreed upon between
Us and You at inception or the last renewal date of
this Policy.
5.2 Alteration of Risk
Every change which substantially varies any of
the material facts or circumstances existing at the
commencement of each Period of Insurance, that shall
come to the knowledge of Your officer responsible
for insurance matters, shall be notified to Us as soon
as reasonably practicable thereafter and You shall
(if so requested) pay such reasonable additional
premium as We may require.
5.3 Bankruptcy or Insolvency
In the event that You should become bankrupt or
insolvent, We shall not be relieved thereby of the
payment of any claims hereunder because of such
bankruptcy or insolvency.
5.4 Breach of Condition or Warranty
Your rights under this Policy shall not be prejudiced
by any unintentional and/or inadvertent:
5.4.1 breach of a condition or warranty without
Your knowledge or consent, or
5.4.2 error in the name or title of any person(s),
corporation and/or other organisation which
forms part of the definition of “You, Your,
Insured”; or
5.4.3 error in name, description or situation of
property; or
5.4.4 failure to report any property and/or entity
and/or insurable exposure in which You have
an interest.
Provided always that, upon discovery of any such
fact or circumstances referred to above, Your officer
responsible for insurance matters shall give written
notice thereof to Us as soon as reasonably practicable
thereafter and You shall (if so requested) pay such
reasonable additional premium that We may require.
Claims Conditions / General Conditions

14
5.5 Cancellation of this Policy
By You
5.5.1 You may cancel this Policy at any time by
tendering notice in writing to Us to that
effect, in which event the cancellation will
become effective from the earlier of the date
the notice is received by Us or the date on
which You arranged alternative insurance
protection.
By Us
5.5.2 Subject to General Conditions 5.4 and 5.12,
We may cancel this Policy in any of the
circumstances set out in Sections 60 or
61 of the Insurance Contracts Act 1984 (as
amended).
Such cancellation shall take effect at the
earlier of the following times:
5.5.2.1 the time when another policy of
insurance between You and Us or
some other insurer, being a policy
that is intended by You to replace
this Policy, is entered into; or
5.5.2.2 at 4.00 p.m. on the thirtieth (30th)
business day after the day on which
notification was given to You.
In the event of cancellation of this Policy by either
party, You shall be entitled to a pro rata refund
of premium subject to any minimum and deposit
premium that may apply.
If the premium is subject to adjustment, cancellation
will not affect Your obligation to supply Us with such
information as is necessary to permit the premium
adjustment to be calculated.
5.6 Cross Liabilities
This insurance extends to indemnify:
5.6.1 each of the parties comprising the Named
Insured, and
5.6.2 each of the Insureds hereunder,
separately in the same manner and to a like extent
as though policies had been issued in their separate
names.
In particular, but without limiting the foregoing, this
insurance shall indemnify each of the parties described
in clauses 5.6.1 and 5.6.2 in respect of claims made
by any other of such parties.
Provided always that:
5.6.3 each of such parties shall be separately
subject to the terms, Claims Conditions,
General Conditions, Exclusions and Definitions
of this Policy in the same manner and to a
like extent as though separate policies had
been issued, and
5.6.4 in no case shall the amount payable by Us in
respect of any one claim or series of claims
arising out of any one Occurrence or in the
aggregate, as the case may be, exceed the
applicable Limit of Liability as specified in
the Schedule.
5.7 Inspection and Audit
We shall be permitted, but not obligated, to inspect
Your premises and operations at any reasonable
time. Neither Our right to make inspections, nor
Our failure to make inspections, nor the making of
inspections, nor any report of an inspection shall
constitute an undertaking, on behalf of or for the
benefit of You or others, to determine or warrant that
such premises or operations are safe or healthful or
are in compliance with any law, rule or regulation.
We may examine and audit Your books and records
at any time during the currency of this Policy and
within three (3) years after the final termination of
this Policy but only with regard to matters which in
Our opinion are relevant to this Policy.
5.8 Jurisdiction
This contract of insurance shall be governed by and
construed in accordance with the laws of Australia and
the States and Territories thereof. Each party agrees
to submit to the jurisdiction of any Court of competent
jurisdiction in a State or Territory of Australia and
to comply with all requirements necessary to give
such Court jurisdiction. All disputes arising under
this Policy shall be determined in accordance with
the law and practice of such Court.
5.9 Premium Funders
If the premium has been funded by a premium funding
company which holds a legal right over this Policy
by virtue of a notice of assignment and irrevocable
power of attorney, then subject to Section 60 of
the Insurance Contracts Act 1984, We may cancel
this Policy at the request of the premium funding
company, after substantiation of the debt and default
in payment by You has been made and proven to
Us, by giving You not less than three (3) business
days written notice to that effect, following which a
refund will be made to the premium funding company
the proportionate part of the premium applicable to
the unexpired Period of Insurance.
5.10 Reasonable Precautions
You must:
5.10.1 exercise reasonable care that only competent
employees are employed and take reasonable
measures to maintain all premises, fittings
and plant in sound condition.
5.10.2 take reasonable precautions:
5.10.2.1 to prevent Personal Injury and/
or Property Damage and/or
Advertising Injury.
5.10.2.2 to prevent the manufacture, sale
or supply of defective Products.
General Conditions

15
permit to be done all such acts and things that
may be necessary or may reasonably be required
by Us for the purpose of enforcing any rights and
remedies, or for obtaining relief or indemnity from
any other organisation(s) or person(s), to which We
shall be or would become entitled upon Us paying
for or indemnifying You in respect of legal liability
under this insurance.
Should You incur any legal liability which is not
covered by this insurance:
5.14.1 due to the application of a Deductible; and/
or
5.14.2 where the amounts of any judgments or
settlements exceed the applicable Limit of
Liability;
You will be entitled to the first call on the proceeds of
all recoveries made, by either You or Us, on account
of such legal liability until fully reimbursed for such
uninsured amount or amounts (less the actual costs
of making such recoveries where those costs are
incurred by Us) and any remaining amount(s) will
be applied to reimburse Us.
5.15 Subrogation Waiver
Notwithstanding General Condition 5.14 We hereby
agree to waive all Our rights of subrogation under
this Policy against:
5.15.1 each of the parties described under clause
1.29.
5.15.2 any corporation, organisation or person which
or who owns or controls the majority of the
capital stock of any corporation or organisation
to which or to whom protection is afforded
under this Policy. Where such corporation,
organisation or person is protected from
liability insured against hereunder by any
other policy of indemnity or insurance, Our
right of subrogation is not waived to the
extent and up to the amount of such other
policy.
5.16 Interpretation
This Policy incorporates the Schedule, Insuring
Clauses, Claims Conditions, General Conditions,
Exclusions, Definitions and any other terms herein
contained or endorsed hereon, which are to be read
together. Where any word or expression has been
given specific meaning in any part of this Policy,
such word or expression shall bear this meaning
wherever it may appear unless such meaning is
inapplicable to the context in which such word or
expression appears.
Words importing the singular gender shall include
the plural and vice versa, and words importing the
masculine gender shall include the feminine gender.
Headings have been included for ease of reference
and it is understood and agreed that the terms and
Conditions of this Policy are not to be construed or
interpreted by reference to such headings.
5.10.2.3 to comply with all statutory
obligations, by-laws or regulations
imposed by any public authority for
the safety of persons or property.
5.10.3 at Your own expense take reasonable action to
trace, recall or modify any Products containing
any defect or deficiency which defect or
deficiency You have knowledge of or have
reason to suspect.
5.11 Release
Where You are required by contractual agreement to
release any Government or Public or Local Authority
or other Statutory Authority or any landlord from
liability in respect of loss, destruction or damage
or legal liability insured against under this Policy,
such release is allowed without prejudice to this
insurance.
Notwithstanding General Condition 5.14 of this Policy,
We agree to waive all Our rights of subrogation
against any such Authority or landlord in the event
of any Occurrence for which a claim for indemnity
may be made under this Policy.
5.12 Non-imputation
Where this insurance is arranged in the joint names
of more than one Insured, as described in clause
1.14.1, it is hereby declared and agreed that:
5.12.1 each Insured shall be covered as if it made
its own proposal for this insurance.
5.12.2 any declaration, statement or representation
made in any proposal shall be construed
as a separate declaration, statement or
representation by each Insured.
5.12.3 any knowledge possessed by any Insured
shall not be imputed to the other Insured(s).
5.13 Foreign Currency
All amounts referred to in this Policy are in Australian
Dollars.
If You incur liability to settle any claim for an amount
stated in the local currency of any country or territory
outside the Commonwealth of Australia, where an
award is made or a settlement is agreed upon, then,
the amount payable by Us shall be the value of such
award or settlement together with costs awarded
or payable to any claimant converted to Australian
Dollars at the free rate of exchange published in the
Australian Financial Review on the date on which We
pay to You (or some other person or party as directed
by You) the indemnity in respect of such award or
settlement; subject always to the applicable Limit
of Liability.
5.14 Subrogation and Allocation of the Proceeds of
Recoveries
Subject to General Condition 5.15 ‘Subrogation
Waiver’, any corporation, organisation or person
claiming under this insurance shall, at Our request
and at Our expense, do and concur in doing and
General Conditions

This Policy is underwritten by QBE Insurance (Australia) Limited
ABN 78 003 191 035 of 82 Pitt Street, Sydney NSW 2000.
QM794

Steadfast QBE General and Products Liability Policy

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