Last updated: 4 July 2025

The Policy does not provide indemnity in respect of claims directly or indirectly arising from:

1. Act of Terrorism

Any Act of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss or any action taken in controlling, preventing, suppressing or in any way relating to any Act of Terrorism.

2. Advertising Injury

Advertising Injury caused by or arising from:

a. failure of performance of any contract, but this exclusion does not apply to claims for unauthorised appropriation of ideas based upon breach of an implied contract; or

b. incorrect description of any good or product; or

c. mistake in advertised price of Products or services; or

d. any publication, utterance or testimonial used or made at Your direction and with Your knowledge of the inaccuracy or falsity of the publication, utterance or testimonial; or

e. the failure of Your Products or services to conform with advertised performance, quality, fitness or durability; or

f. Your business, if Your principal business or occupation is advertising, broadcasting, publishing or telecasting.

3. Aircraft and Hovercraft

a. The ownership, maintenance, operation, navigation or use of any Aircraft; or

b. The ownership, operation, navigation or use of any hovercraft exceeding ten (10) metres in length, whilst such hovercraft is on, in or under water. However, this exclusion does not apply to claims arising out of hovercraft owned and operated by others and used by You for Business entertainment.

This exclusion does not apply to non owned Aircraft or hovercraft insured under an Underlying Policy, and where cover is provided by such policy.

4. Aircraft Products

Any Product designed or manufactured for the purpose of controlling, guiding, propelling or other capabilities or attributes related to the mobility or direction of an Aircraft or other products which are actually incorporated, with Your knowledge, into an Aircraft for such purposes.

5. Asbestos

Asbestos or any asbestos contained in other materials regardless of the form and quantity of asbestos.

6. Communicable Disease

any actual or alleged loss, liability, damage, compensation, loss of use, loss of profit, injury, sickness, disease, death, medical payment, defence cost, inquest cost, accident enquiry, cost, expense or any other amount incurred either directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease or the actual or alleged transmission of a Communicable Disease.

As used herein, Communicable Disease shall mean:

a. Any disease infectious in humans forming part of the Listed Human Diseases under, or is the subject of a Human Biosecurity Emergency under, the Biosecurity Act 2015 (Cth) and any of its subsequent amendments or any similar such listing or declarations of diseases under any subsequent statute that repeals and replaces the Biosecurity Act 2015 (Cth) in whole or part, whether or not such declaration has taken place before or after inception of this Policy; or

b. Any disease infectious in humans forming part of the Quarantinable Infectious Diseases as defined under the Health Act 1956 (NZ) and any of its subsequent amendments or any similar such listing of diseases under any subsequent statute that repeals and replaces the Health Act 1956 (NZ) in whole or part, whether or not such declaration has taken place before or after inception of this Policy; or

c. Any pandemic or epidemic, as declared as such by the World Health Organisation.

7. Contractual Liability

Any liability assumed under a contract that requires You (as referred to in clause 2.28.1 or 2.28.2 or 2.28.3 of the Policy), to effect insurance over property or to be liable for Personal Injury or Property Damage regardless of fault, except where:

a. that liability would otherwise exist or have been implied at law in the absence of the contract; or

b. the contract is an Incidental Contract and the liability does not arise by reason of an obligation to insure any leased, hired and/or rented real or personal property; or

c. the liability is assumed under a contract specifically designated in the Schedule or in any endorsement(s) to this Policy.

8. Damage to Product or Defective Work

Property Damage to:

a. any Product resulting from or attributable to any defect therein or the harmful nature or unsuitability thereof. Provided that the application of this exclusion shall be limited to only that part of the Product which is considered defective, harmful or unsuitable.

b. any part of any property that must be repaired, reconditioned or replaced by reason of incorrect work performed by You or on Your behalf, or by reason of materials or equipment which are or are proved to be defective or inadequate in connection with such work. But this exclusion does not apply to Property Damage resulting from such work.

9. Electronic Data

a. The communication, display, distribution or publication of Electronic Data. But this exclusion does not apply to Personal Injury or Advertising Injury;

b. the total or partial destruction, distortion, erasure, corruption, alteration, misrepresentation or misappropriation of Electronic Data;

c. an error in creating, amending, entering, deleting or using Electronic Data;

d. the total or partial inability or failure to receive, send, access or use Electronic Data for any time or at all.

10. Employers Liability

Any liability:

a. in respect of which You are or would be entitled to indemnity under any fund, scheme, policy of insurance or self-insurance pursuant to or required by any legislation relating to workers’ compensation whether or not such insurance has been effected; or

b. imposed by the provisions of any industrial award or agreement or determination where such liability would not have been imposed in the absence of such industrial award or agreement or determination; or

c. relating to Employment Practices unless otherwise stated in the Schedule.

Provided that this exclusion shall not apply with respect to liability of others assumed by You under a written contract or agreement.

11. Fines and Penalties

Fines or financial penalties, punitive, exemplary, liquidated, aggravated or multiple damages whether imposed through a court of law, legislation or under a contractual arrangement or otherwise.

For liquidated damages, this exclusion will not apply to any liability that would have otherwise existed in the absence of a liquidated damages clause, penalty clause or performance warranty.

12. Loss of Use

The loss of use of tangible property which has not been physically damaged or destroyed resulting from:

a. a delay in or lack of performance by You or on Your behalf of any contract; or

b. the failure of a Product or any work performed by You or on Your behalf, to meet the level of performance, quality, fitness or durability warranted or represented by You. But this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical damage to or destruction of the Product or work performed by You or on Your behalf after the Product or work has been put to its intended use by any person or organisation other than You.

13. Pollution

The discharge, dispersal, release, seepage, migration or escape of Pollutants, including the cost of testing, monitoring, treating, detoxifying, removing, neutralising or cleaning up Pollutants or preventing the escape of Pollutants from any premises owned or operated by You or on which You have property or conduct Your Business.

However, other than in respect of preventing the escape of Pollutants from any premises owned or operated by You or on which You have property or conduct Your Business, the Company will cover liability for Personal Injury or Property Damage otherwise excluded under this exclusion which arises from an event:

a. which is sudden, accidental, unintended and unexpected from Your standpoint; and

b. which has been identified to have taken place in its entirety at a specific time and place; and

c. which occurs outside of the United States of America, Canada and their respective protectorates and territories.

14. Product Guarantee or Warranty

Any product guarantee or warranty given by You or on Your behalf. But this exclusion does not apply to legislative requirements concerning product safety and information.

15. Professional Advice or Service

The rendering of or failure to render professional advice or service by You. But this exclusion does not apply to:

a. the rendering of or failure to render medical advice or service by Medical Persons employed by You to provide first aid and other medical services on Your premises to employees or to persons other than employees in the event of an emergency; or

b. Personal Injury or Property Damage arising from advice or service given gratuitously.

c. Personal Injury or Property Damage arising from advice given in respect of the use or storage of Your Products.

d. Coverage provided under clause 1.4.2 of the Policy (Errors and Omissions coverage), where You have effected this additional coverage.

16. Property in Your Care, Custody or Control

Property Damage to property in Your care custody or control other than:

a. premises tenanted, leased, hired or temporarily occupied by You for the purpose of the Business; or

b. premises (and/or their contents) temporarily occupied by You for the purpose of carrying out work in connection with the Business; or

c. Vehicles (including any contents, spare parts and/or accessories while they are in or on such Vehicle) not belonging to or owned by You, whilst in Your care, custody or control but only whilst such Vehicles are in a car park owned or operated by You other than for income or reward as a car park operator; or

d. Your directors’, partners’, proprietors’, officers’ executives’, and employees’ clothing, tools, personal property and personal effects or the clothing and personal effects of Your visitors; or

e. notwithstanding Exclusion 7 (Contractual Liability), any property (except property that You own) not mentioned in clauses 16(a) to 16(d) above whilst in Your care, custody or control whether or not You have accepted or assumed legal liability for such property, provided that:

(i) no indemnity is granted in respect of physical damage to, destruction of or loss of that part of any property upon which You are working if the loss arises solely from the performance of such work; and

(ii) the Company’s maximum liability arising out of the cover afforded by 16(e) shall be limited to $500,000 each and every Occurrence, unless stated otherwise in the Schedule.

17. Property Owned by You

Property Damage to property owned by You.

18. Radioactivity

Ionising radiation or contamination by radioactivity from any nuclear fuel, weapon or waste whether occurring naturally or otherwise; the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; or the storage, transport, assembly, disassembly, maintenance or operation of any nuclear weapon or nuclear component thereof.

This exclusion does not apply to liability arising from radio-isotopes, radium or radium compounds when used away from the place where such are used or produced and when used exclusively incidental to or as part of ordinary industrial, educational, medical or research pursuits.

19. Recall

The Recall, inspection, repair, adjustment, removal, replacement or loss of use of any Product or work completed by You or on Your behalf.

But this exclusion does not apply to coverage provided under clause 1.4.1 of the Policy (Product Recall Expense) coverage where You have effected this additional coverage.

20. Underlying Policy Sub-limits

Any indemnity, liability, loss or damage which is the subject of a sub-limit under any Underlying Policy.

21. Vehicles

The use of a Vehicle owned by You or in Your physical or legal control:

a. which is required under any legislation to be registered; or

b. in respect of which compulsory liability insurance or statutory indemnity is required by virtue of any legislation.

But this exclusion does not apply to:

(i) a Vehicle (other than a Vehicle owned or used by or on Your behalf) whilst that Vehicle is in a car park owned or operated by You other than for income or reward as a car park operator; or

(ii) Personal Injury or Property Damage occurring during the loading or unloading of a Vehicle caused by or arising from the collection or delivery of any goods from or to the Vehicle and where applicable legislation does not require insurance against such liability; or

(iii) Personal Injury or Property Damage caused by the use of any tool, plant or equipment forming part of or attached to or used in connection with any Vehicle and where applicable legislation does not require insurance against such liability; or

(iv) Personal Injury where the insurance required by law does not provide indemnity, and the lack of indemnity is not due to a breach of legislation relating to Vehicles; or

(v) accidental or erroneous failure to maintain insurance required by law and knowledge of such accidental or erroneous failure to maintain was not known prior to the Occurrence; or

(vi) the amount of Property Damage in excess of the limit of indemnity provided under a policy of insurance that indemnifies You in respect of Third Party Property Damage for vehicles owned or operated by You other than as a tool of trade, plant or equipment. However, the Limit of Liability shall apply in the annual aggregate, unless otherwise stated in the Schedule or by endorsement.

But this exclusion does not apply to Vehicles insured under an Underlying Policy, and where cover is provided by such policy.

22. War

War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or 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.

23. Watercraft

The ownership, operation or navigation of any Watercraft exceeding twenty (20) metres in length while on, in or under the water. But this exclusion will not apply to claims arising out of:

a. Watercraft used in operations carried out by any independent contractors for whose conduct You may be held liable; or

b. Watercraft owned by others and used by You for Business entertainment; or

c. Hand propelled or sailing craft exceeding twenty (20) metres in length whilst such craft is in territorial waters.

This exclusion does not apply to Watercraft insured under any Underlying Policy, and where cover is provided by such policy.

24. Silica Exclusion Endorsement

The following Exclusion is applied to this Policy:

This Policy does not provide indemnity in respect of claims directly or indirectly arising from the actual or alleged presence, ingestion, inhalation or absorption of or exposure to silica products, silica fibres, silica dust or silica in any form.

Other than as amended above, the terms, Conditions and Exclusions of the Policy shall continue to apply.

25. Contractor/Subcontractor Injury Exclusion

The following additional exclusion is added to the Policy.

This Policy does not provide indemnity in respect of claims directly or indirectly arising from or in respect of injury to any of Your contractors or subcontractors or employee of any of Your contractors or subcontractors, whilst such employee or contractor or subcontractor is acting in such capacity.

Other than as amended above, the terms, conditions and exclusions of the Policy shall continue to apply.

26. Cyber exclusion endorsement attaching to and forming part of this policy:

The following Exclusion is applied to this Policy:

a. any Privacy Breach;

b. any Network Security Breach; or

c. Advertising Injury in respect of Digital Media Content.

Privacy Breach means an actual, alleged or suspected breach of applicable privacy and data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of Personal Information, including the Privacy Act 1988 (Cth) (including the Australian Privacy Principles), Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth) and any applicable state and territory laws, regulations or binding rules or guidelines of any applicable regulatory or statutory authority or government agency.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

a. whether the information or opinion is true or not; and

b. whether the information or opinion is recorded in a material form or not.

Digital Media Content means Your digital publication, or Your digital broadcasting on social media, of any material created for the purposes of promoting Your goods, products and/or services.

Network Security Breach means any actual or alleged negligence, breach of duty, error or omission on Your part that results in a Cyber Attack.

Cyber Attack means any malicious direction of network traffic, introduction of malicious computer code, or other malicious attack directed at, occurring within, or utilising Your Computer System, including but not limited to a computer virus or denial of service attack, whether intentionally targeting You or otherwise.

Your Computer System means a computer system (including, but not limited, to hardware, software and/or computer programs) leased, owned or operated by or which is made available or accessible to You or Your contractors or service providers for the purpose of storing and processing Electronic Data.

Electronic & Digital Data means data of any kind (including but not limited to facts, concepts or other information) in a form useable by computers or other electronic or electromagnetic data processing equipment, and includes computer software and all other coded instructions for the processing or manipulation of data on any equipment.

Other than as amended above, the terms, Conditions and Exclusions of the Policy shall continue to apply.