14. the loss, damage or destruction of any bearer bonds, coupons, share
certificates, stamps, money or other negotiable paper.
15. the loss or distortion of any data of yours held electronically.
16. 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.
17. your supply, manufacture, sale, installation or maintenance of any product.
Deliberate, reckless or
dishonest acts
18. any statement you knew, or ought reasonably to have known, was defamatory
at the time of publication.
19. 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
20. any shortcoming, or alleged shortcoming, in your work which you knew about,
or ought reasonably to have known about, before we agreed to insure you.
Date recognition
21. date recognition.
War, terrorism and nuclear
22. war, terrorism or nuclear risks.
Asbestos
23. 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.
any trading loss or trading liability including those arising from the loss of any
client, account or business.
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.