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HISCOX MAC PI V1 04/05
PROFESSIONAL INDEMNITY FOR THE
MARKETING AND COMMUNICATIONS
INDUSTRY (NEGLIGENCE BASED) - MAC PI
The General Terms and Conditions and the following terms and conditions all apply
to this section.
SPECIAL
DEFINITIONS FOR
THIS SECTION
Business activity
The activities shown in the schedule, which you perform in
the course of your business.
Defence costs
Costs incurred with our prior written agreement to
investigate, settle or defend a claim against you.
You/your
Also includes any person who was, is or during the period of
insurance becomes your partner or director or senior
manager in actual control of your operations.
WHAT IS
COVERED
If during the period of insurance, and as a result of your business activity within
the geographical limits for clients, any party brings a claim against you for:
Claims against you
a.
negligence or breach of a duty of care,
b.
negligent misstatement or negligent misrepresentation,
c.
infringement of intellectual property rights including copyright, patent,
trademark, music rights, performance rights, broadcasting rights or moral rights
or any act of passing-off,
d.
defamation,
e.
dishonesty of your individual partners, directors, employees or self-employed
freelancers directly contracted to you and under your supervision,
we will indemnify you against the sums you have to pay as compensation.
We will pay defence costs but we will not pay costs for any part of a claim not
covered by this section.
WHAT IS
COVERED
Avoiding a potential
claim against you
If your client has reasonable grounds for being dissatisfied with the work you have
done, refuses to pay for any or all of it, including amounts you legally owe to sub-
contractors at the date of the refusal, and threatens to bring a claim against you for
more than the amount owed, it may be possible to settle the dispute with the client by
your agreeing not to press for the disputed amount. If so, we will pay you the
amount owed to you at that time if we believe that this will avoid a legitimate claim for
a greater amount and we have given our prior written approval to settling in this way
and for this amount.

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HISCOX MAC PI V1 04/05
PROFESSIONAL INDEMNITY FOR THE
MARKETING AND COMMUNICATIONS
INDUSTRY (NEGLIGENCE BASED) - MAC PI
WHAT IS
COVERED
Alternatively, if it is not possible to reach agreement with the client on this basis but
we still believe that by not pressing for the disputed amount you will avoid a
legitimate claim or counterclaim for a greater amount, we will pay the amount owed
to you at that time. If a claim is still brought, we will deal with it but our total
payment, including what we have already paid you or on your behalf, will not exceed
the applicable limit of indemnity shown in the schedule. You must return the amount
we have paid if you eventually recover the debt less your reasonable expenses.
Once we agree to make this payment you will assign to us such rights as you have
in relation to the amounts owed to you.
We will not make any payment for any part of a claim not covered by this section.
Your own losses
Potential claims capable
of rectification
If while performing your business activity you, but not your client, become aware
of anything covered by (a) to (d) above which is capable of being successfully
rectified without leading to a claim against you by that client, we will pay the
additional expenses directly incurred with our prior written consent in rectifying the
problem. We will only do this if we agree that these expenses are less than the
amount of a potential claim covered by this insurance which would have arisen if the
problem was not rectified.
Loss of documents
If during the period of insurance any document, information, data, artwork or model
of yours which is necessary for the performance of your business activity is lost,
damaged or destroyed while in your possession, we will cover you against the cost
of restoring or replacing it.
WHAT IS NOT
COVERED
A.
We will not make any payment for any claim or loss directly or indirectly due
to:
Matters specific to your
business
1.
any investment of, or direct advice on the investment of, client funds.
2.
the outcome or operation of any game promotion, contest or lottery.
3.
anything shown or described in any advertising, educational or promotional
material which results in any adverse change in a claimant's health, lifestyle or
relationship with others.
4.
the mimicking in any way by anyone of anything shown in or described in any
advertising, educational or promotional material.
5.
any stunt or other activity during the making or production of any advertising,
educational or promotional material.
6.
breach of confidence or misuse of any information or infringement of any right
to privacy.
7.
product disparagement or breach of any comparative advertising regulations.
8.
any statement, representation or information concerning you or your
business contained in your accounts, reports or financial statements.

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HISCOX MAC PI V1 04/05
PROFESSIONAL INDEMNITY FOR THE
MARKETING AND COMMUNICATIONS
INDUSTRY (NEGLIGENCE BASED) - MAC PI
WHAT IS NOT
COVERED
9.
any obscenity, blasphemy or pornographic material.
10. any product, including alcohol, tobacco, nicotine or any pharmaceutical
product, which is, or becomes, defective, dangerous or hazardous to health in
any way.
11. your operation or administration of any pension or employee benefit scheme or
trust fund, or the sale or purchase of or dealing in any stocks, shares or
securities or the misuse of any information relating to them, or your breach of
any legislation or regulation relating to these activities.
12. your breach of any taxation, competition, restraint of trade or anti-trust
legislation or regulation.
13. any pollution or contamination, including noise, electromagnetic fields, radiation
and radio waves.
14. transmission of a computer virus.
15. your liability under any contract which is greater than the liability you would
have at law without the contract.
Construction and
erection work
16. any construction or erection work.
Matters insurable
elsewhere
17. the death or any bodily or mental injury or disease suffered by anyone.
18. anyone's employment with or work for you, or any breach of an obligation
owed by you as an employer or any kind of discrimination, harassment or
unfair treatment.
19. the ownership, possession or use of any land or building, any animal, any
aircraft, watercraft or any motor vehicle.
20. the loss, damage or destruction of any tangible property. This does not apply
to claims for documents in your care, custody or control in connection with a
business activity for a client or to your own loss under the cover for loss of
documents in WHAT IS COVERED.
21. the loss, damage or destruction of exposed or unexposed film, negative, prints
or sound tapes or video tapes or visual images or sound held in any media or
any library stock.
22. the loss or distortion of any data of yours held electronically.
23. the loss, damage or destruction of any bearer bonds, coupons, share
certificates, stamps, money or other negotiable paper.
24. any personal liability incurred by a director or officer of yours when acting in
that capacity or managing your business, or your breach of any fiduciary duty,
or any statement, representation or information concerning you or your
business contained in your accounts, reports or financial statements.
25. your supply, manufacture, sale, installation or maintenance of any product.

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HISCOX MAC PI V1 04/05
PROFESSIONAL INDEMNITY FOR THE
MARKETING AND COMMUNICATIONS
INDUSTRY (NEGLIGENCE BASED) - MAC PI
WHAT IS NOT
COVERED
26. any act, breach, omission or infringement you deliberately, spitefully,
dishonestly or recklessly commit, condone or ignore. This does not apply to any
claim under the dishonesty cover in WHAT IS COVERED, but we will not in any
event provide cover to any party who actually commits, condones or ignores
any dishonesty.
Pre-existing problems
27. any shortcoming, or alleged shortcoming, in your work or your own loss which
you knew about, or ought reasonably to have known about, before we agreed
to insure you.
28. any shortcoming, or alleged shortcoming, in your work or your own loss which
you knew about, or ought reasonably to have known about, before we agreed
to insure you.
Date recognition
29. date recognition.
War, terrorism and nuclear
30. war, terrorism or nuclear risks.
31. asbestos risks.
B.
We will not make any payment for:
Claims brought by
a related party
1.
any claim brought by an insured within the definition of you or any party with a
financial, executive or managerial interest in you, including any parent company
or any party in which you have a financial, executive or managerial interest,
including any subsidiary company. This does not apply to a claim based on a
liability to an independent third party directly arising out of the performance of
your business activity.
Restricted recovery rights
2.
that part of any claim where your right of recovery is restricted by any
contract.
Consequential loss
3.
your lost profit, mark up or liability for VAT or its equivalent.
4.
trading loss, trading liability, management time, lost time, lost business or
commissions from any other client, potential client or account.
Non-compensatory
payments
5.
fines and contractual penalties, aggravated, punitive or exemplary damages,
and additional damages under section 97(2) of the Copyright, Designs and
Patents Act 1988 or any statutory successor to that section.
Claims outside the
applicable courts
6.
any claim, including arbitration, brought outside the countries set out in the
schedule under Applicable Courts.
This applies to proceedings in the applicable courts to enforce, or which are
based on, a judgment or award from outside the applicable courts.

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HISCOX MAC PI V1 04/05
PROFESSIONAL INDEMNITY FOR THE
MARKETING AND COMMUNICATIONS
INDUSTRY (NEGLIGENCE BASED) - MAC PI
HOW MUCH WE
WILL PAY
The most we will pay for the total of all claims, losses and defence costs is the
single limit of indemnity shown in the schedule, irrespective of the number of claims.
You must pay the excess shown in the schedule for each claim, including defence
costs.
For lost, damaged or destroyed documents, information, data, artwork or models, we
will pay the reasonable expenses you incur with our prior written consent in restoring
or replacing them.
Paying out the limit
of indemnity
At any stage of a claim we can pay you the applicable limit of indemnity or what
remains after any earlier payment from that limit. This includes defence costs
already incurred at the date of our payment. We will then have no further liability for
any claim, loss or costs.
YOUR
OBLIGATIONS
If a problem arises
We will not make any payment under this section:
1.
unless you notify us promptly of the following within the period of insurance
or at the latest within 14 days after it expires for any problem you first become
aware of in the seven days before expiry:
a.
your first awareness of a shortcoming in your work for a client which is
likely to lead to a claim against you. This includes any criticism of your
work even though regarded by you as unjustifiable.
If we accept your notification we will regard any subsequent claim as
notified to this insurance.
b.
any claim or threatened claim against you.
c.
your discovery, or the existence of reasonable grounds for your
suspicion, that any partner, director, employee or self-employed
freelancer has acted dishonestly.
d.
your discovery that any document, information, data, artwork or model
of yours has been lost, damaged or destroyed.
2.
if, when dealing with your client or a third party, you admit that you are liable
for what has happened, make any offer, deal or payment, unless you have our
prior written agreement. You must also not reveal the amount of cover
available under this insurance, unless you had to give these details in
negotiating a contract with your client or have our prior written agreement.
CONTROL OF
DEFENCE
We have the right, but not the obligation, to take control of and conduct in your
name, the investigation, settlement or defence of any claim. If we think it necessary
we will appoint an adjuster, solicitor or any other appropriate person to deal with the
claim. We may appoint your own solicitor but on a similar fee basis as our solicitor
and only for work done with our prior written approval. Proceedings will only be
defended if there is a reasonable prospect of success and taking into account the
commercial considerations of the costs of defence.