COVEREX EXHIBITOR POLICY

Coverex Policies are arranged by:  Woodgate & Partners Ltd
Brishing Court Barn 
Brishing Lane
Maidstone
Kent
ME17 4NF

The Insurer agrees to provide insurance to the extent of and subject to the terms and conditions of this Policy during the Period of Insurance.
This Policy and Schedule shall be read together as one contract and unless specially stated to the contrary any word or expression to which a specific meaning has been given shall have such specific meaning wherever it may appear.

Section 1
Loss of or Damage to Exhibits and Stands

In the event of accidental loss or damage to any of the Property while in the Situation The Insurer will by payment or at its option by reinstatement or repair indemnify the Insured against such loss or damage.

Provided that the liability of The Insurer under this Section shall not exceed in respect of

a     any one item of the Property – the Sum Insured stated in the Schedule 
b     all loss or damage – the Total Sum Insured under this Section

Average Clause 
Each item of the Property is declared to be separately subject to Average that is to say if the Property covered thereby shall at the time of any loss or damage be collectively of greater value than the sum insured thereon then the Insured shall be considered as being his own Insurer for the difference and shall bear a rateable share of the loss or damage accordingly.

Exceptions to Section I
This Section does not cover

  1. the first £50 of each and every loss or damage increased to £250 in respect of electronic equipment 
  2. loss or damage arising from wear tear vermin insects mildew depreciation or deterioration
  3. damage to
    i machinery due to its own running operation
    ii any electrical machine or apparatus due to over-running excessive pressure or short circuiting or self heating
  4. loss or damage by or with the connivance of any employee or the Insured or any authorised agent or custodian of the Property
  5. consequential loss of any kind
  6. damage to Property comprising
    i jewellery clocks watches and furs
    ii glass chine earthenware scientific instruments antiques curios sculptures works 
    of art pictures prints drawings engravings and goods of a brittle nature unless 
    caused by fire aircraft explosion theft or as a direct result of collision of the 
    conveying vehicle or overturning of the conveying vehicle
    unless endorsed herein to the contrary
  7. damage to Property caused by or arising from atmospheric climatic or weather conditions in respect of Exhibitions held in the open or marquees or tents which are not hard sided professionally erected temporary structures supplied by members of an approved trade association (eg BECA or MUTA or the like) unless endorsed herein to the contrary.

Section II
Liability to the Public

In the event of

  1. bodily injury to or illness or disease of any person except that arising out of and in the course of his employment by the Insured under a contract of service or apprenticeship
  2. loss of or damage to material property not belonging to the Insured or in the charge or under the control of the Insured or any servant of the Insured
    happening during the Period of Insurance upon or about the Insured’s Stand or Stands at the Exhibition The Insurer will indemnify the Insured against

    a.     all sums which the Insured shall become legally liable to pay for compensation and claimant’s costs and expenses in respect of any occurrence to which this Section applies
    b.     all costs and expenses of litigation incurred with the written consent of The Insurer in respect of a claim against the Insured to which the indemnity expressed in this Section applies

As far as concerns liability assumed by the Insured by agreement and which would not have attached in the absence of such agreement this Section shall apply only if the conduct and control of claims is vested in The Insurer and shall not in any event apply to liability in respect of liquidated damages under any penalty clause
As far as is necessary to meet the requirements of any contract or agreement entered into by the Insured for the performance of work for any Principal The Insurer will at the request of the Insured treat the Principal as though he were also the Insured in respect of injury illness disease loss or damage arising out of the performance of such work by the Insured provided that the Principal shall observe fulfil and be subject to the terms provisions and conditions of this Policy in so far as they apply
The Insured shall include
in the event of the death of the Insured any personal representative of the Insured in respect of liability incurred by the Insured
if the Insured specified in the Schedule so requests
i.     any director or partner of the Insured 
ii.     any person employed by the Insured under a contract of service or apprenticeship
iii.     any officer member or employee of the Insured’s social sports or welfare organisation or first aid fire or ambulance services in his respective capacity as such 
The liability of The Insurer for all compensation payable to any claimant or number of 
Claimants in respect of or arising out of any one occurrence or all occurrences of a series 
Consequent on one original cause shall not exceed the amount specified in the Schedule as 
The Limit of Indemnity for Section II.

Exceptions to Section II
The Indemnity expressed in this Section shall not apply to 

  1. loss of or damage to property which results from a deliberate act or omission of the Insured and which could reasonably have been expected by the Insured having regard to the nature and circumstances or such act or omission
  2. injury or illness disease loss or damage arising from the ownership possession or use by or on behalf of the Insured of
    i     any mechanically propelled vehicle (including any type of machine on wheels or caterpillar tracks) licenced for road use or for which compulsory insurance or security is required by any road traffic legislation or trailer attached thereto or the loading or unloading of such vehicle or trailer or the delivery or collection of goods in connection with such vehicle or trailer within the limits of any carriageway or thoroughfare if such vehicle is owned leased hired borrowed or driven by the Insured specified in the Schedule or by the person seeking indemnity
    ii     any vessel or craft (other than hand propelled boats) made or intended to float on or in or travel through water or air space or the loading or unloading of such vessel or craft

1     liability in respect of recalling removing repairing reinstating or the cost of or reduction in value of any commodity article or thing supplied installed erected by the Insured if such loss or damage is attributable to any defect therein or the harmful nature or unsuitability thereof
2     liability in respect of Pollution or contamination other than caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific time and place during the Period of Insurance

All pollution or contamination which arises out of one incident shall be deemed to have happened
at the time such incident takes place
The liability of The Insurer for all compensation payable in respect of all pollution or
contamination which is deemed to have happened during the Period of Insurance shall not exceed
the sum stated in the Schedule as the Amount of Indemnity for any one Event
For the purposes of this Section pollution or contamination shall be deemed to mean
i     all pollution or contamination of buildings or other structures or of water or land or the atmosphere and
ii     all loss or damage or injury directly or indirectly caused by such pollution or contamination

Section III
Loss of Exhibition Expenses

The Insurer will indemnify the Insured in respect of their ascertained loss of irrecoverable Exhibition Expenses as stated below provided that the liability of The Insurer shall be limited to the Sum Insured shown on the Schedule
Definitions
Exhibition Expenses shall be deemed to mean
Expenses directly incurred in connection with the Exhibition including but not limited to advertising printing stationery insurance premiums charges for Space and services hire of Stand transport charges the cost of installing Stands fittings and Exhibits deposits paid in respect of accommodation. 
Loss of Exhibition Expenses sustained by the Insured as a result of

a     the cancellation abandonment postponement or curtailment in whole or in part of an Exhibition for which the Insured has contracted to occupy Space as an Exhibitor
b     the inability of the Insured to open or keep open his Exhibition Stand or Space due to damage to
    i Exhibition Property whilst in transit to and from the Venue
    ii Exhibition Property whilst at the Venue
    iii the Exhibition Venue
c     failure to vacate the Venue at the termination of the period of tenancy
d     the late or non-arrival of Exhibits or their arrival in a condition making such property unsuitable for exhibiting
e     the inability of the Insured to open or keep open his Exhibition Stand or Space due to the non-arrival of the employees or appointed representatives of the Insured designated to participate in the Exhibition as a result of death, injury or accidental causes.
arising from any cause beyond the control of the Insured provided that no payment will be made under the above unless the Insured shall have made all necessary and reasonable arrangements for the employees or appointed representatives of the Insured to attend the Exhibition. The Insurer will also indemnify the Insured in respect of the additional cost of remedial action necessarily and reasonably incurred with the consent of The Insurer for the sole purpose of reducing the extent of a loss
Provided that no payments will be made under (d) above unless the Insured shall have made all necessary and reasonable arrangements for the safe transportation and customs clearance of
the Exhibits and allowed reasonable time for delivery

Exceptions to Section III
The Insurer shall not be liable under this Section in respect of 
a     any loss directly or indirectly arising from lack of support which shall include but not be limited to 
    i lack of or inadequate response or support or withdrawal of support by sponsors
    financial supporters delegates or other exhibitors
    ii the non-appearance of any person or lack of or inadequate attendance by delegates or public admissions or trade visitors
b     Any loss directly or indirectly arising from financial causes which shall include but not
be limited to
    i       the financial failure of the Insured Event
    ii      the insolvency or financial default or inability of any party
    iii      the lack of sales or shortages on receipts
    iv      variations in the rate of exchange or stability of any currency

General Exceptions applying to all Sections
The Indemnity expressed in this Policy shall not apply to

  1. i loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss
    ii any legal liability of whatsoever nature 
    directly or indirectly caused by or contributed to by or arising from
    a     ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
    b     the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
  2. injury damage destruction or loss occurring outside Great Britain, Ireland, Northern Ireland, the Channel Islands, Isle of Man and Europe
  3. loss or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds (not applicable to Section II)
  4. any claim of whatsoever nature which arises directly or indirectly from or consists of the failure or inability of any
    a     electronic circuit microchip integrated circuit microprocessor embedded system hardware software firmware program computer data processing equipment telecommunication equipment or systems or any similar device.
    b     media or systems used in connection with any of the foregoing whether the property of the Insured or not at any time to achieve any or all the purposes and consequential effects intended by the use of any number symbol or word to denote a date including without limitation the failure or inability to recognise capture save retain or restore and/or correctly to manipulate interpret transmit return calculate or process any date data information command logic or instruction as a result of 
        i recognising using or adopting any date day of the week or period of time otherwise than as or other than the true or correct date day of the week or period of time
        ii the operation of any command or logic which has been programmed or incorporated into anything referred to in (a) and (b) above

Provided always that this General Exception shall not apply to any claim for subsequent loss or destruction of or damage to any property or consequential loss otherwise indemnifiable by this Policy subject to all its terms and conditions which results from fire lightning explosion aircraft and other aerial devices or articles dropped there from riot civil commotion strikers locked out workers persons taking part in labour disturbances malicious persons other than thieves earthquake storm flood escape of water from any tank apparatus or pipe impact by any road vehicle or animal or theft arising under Section I (Loss of or Damage to Exhibits and Stands) or Section III (Loss of Exhibition Expenses) if provided by this Policy.

5. War
any consequence whatsoever resulting directly or indirectly from or in connection with any of the following regardless of any other contributory cause or event
    i war invasion act of foreign enemy hostilities or a warlike operation or 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
    ii nationalisation confiscation requisition seizure or destruction by the Government 
or any public authority
    iii any action taken in controlling preventing suppressing or in any way relating to i
or ii above
provided ii shall not apply to Public and/or Products Liability (Liability to the Public)
when insured by this Policy

Terrorism
any consequence whatsoever resulting directly or indirectly from or in connection with any of the following regardless of any other contributory cause or event

  1. Terrorism
  2. civil commotion in Northern Ireland
  3. Any action taken in controlling preventing suppressing or in any way relating to 1 and/or 2 above

except as stated in the Special Provisions – Terrorism below and provided that 2 above shall not apply to Public and/or Products Liability (Liability to the Public) 
Terrorism is defined as any act or acts including but not limited to 
    a the use or threat of force and/or violence
and/or
    b harm or damage to life or to property (or threat of such harm or damage)
including but not limited to harm or damage by nuclear and /or chemical and/or 
biological and/or radiological means
caused or occasioned by any person(s) or group(s) of persons or so claimed in whole or in part for political religious ideological or similar purposes In any action suit or other proceedings where the Insurer(s) allege(s) that any consequence whatsoever resulting directly or indirectly from or in connection with 1 and/or 3 above regardless of any other contributory cause or event is not covered by this Policy (or is covered only up to a specified limit of liability) the the burden of proving that any such consequence is covered (or is covered beyond that limit of liability) shall be upon the Insured

Special Provisions – Terrorism
Subject otherwise to the terms conditions exceptions and exclusions by this Policy When any of the following covers are insured by this Policy Public and/or Products Liability (Liability to the Public) neither of the exclusions in 1 and 3 above shall apply to 
    i Public and/or Products Liability (other than Excess of Loss Public and/or
Products Liability) but the Limit/Amount of Indemnity for the purposes of
Special Provision (a) – Terrorism is limited to £2,000,000 or any other amount
Specified in the Policy for Public and/or Products Liability whichever is the
lower. 

Conditions 
Applying to Section II

  1. Any occurrence which might give rise to a claim under this Section shall be reported in writing to The Insurer as soon as possible and as far as is practicable no alteration or repair shall be carried out until The Insurer has had an opportunity of inspecting. The Insured shall give immediate notice of any impending prosecution inquest fatal inquiry or civil proceeding in connection with the occurrence and shall send to The Insurer immediately every relevant document.
  2. No admission of liability or offer promise or payment shall be made without The Insurer’s consent. The Insurer shall be entitled at its discretion to take over and conduct in the name of the Insured the defence or settlement of any claim and to prosecute at its own expense and for its own benefit any claim for indemnity or damages against any other persons and the Insured shall give all the information and assistance required.
  3. The Insurer may pay to the Insured the maximum sum payable under this Section in respect of any occurrence or any lesser sum for which the claim or claims arising from such occurrence can be settled and The Insurer shall not be under any further liability in respect of that occurrence except for the payment of costs and expenses of litigation incurred prior to such payment.
    Applying to all Sections (except where stated)
  4. The Insured shall take all reasonable precautions to safeguard and maintain in efficient condition the Property insured and The Insurer may at any reasonable time inspect any Property and in the event of any defect or danger being apparent The Insurer may give written notice to the Insured when all liability of The Insurer arising from such defect or danger shall be suspended.
  5. Upon having knowledge of any event giving rise or likely to give rise to a claim under this Policy the Insured shall as soon as reasonably possible:
        a     In the case of theft or loss give notice to the police or the resident security company and render all reasonable assistance in causing the discovery and punishment of any guilty person and in tracing and recovering the Property.
        b     In all cases give notice to The Insurer in writing and within thirty days thereafter or such further time as The Insurer may allow deliver to The Insurer a claim in writing and supply all such detailed proofs and particulars as may be reasonably required.
        c     Take all reasonable action to minimise or check any interference with the Exhibit.
    In no case shall The Insurer be liable for any loss not notified to The Insurer within 30 days
    after the event (not applicable to Section II)
  6. In the event of a claim being made against The Insurer under this Policy
        a.     The Insurer may at any time at its own expense use all legal means in the name of the Insured for the recovery of any of the Property lost or damaged and the Insured shall give all reasonable assistance for that purpose
        b.     The Insurer shall be entitled to any Property for which a claim is paid hereunder and the Insured shall execute all such assignments and assurances of such Property as may be reasonably required but the Insured shall not be entitled to abandon any Property to The Insurer (not applicable to Section II)
    The Insured shall at the request and at the expense of The Insurer do and concur in doing and
    permit to be done all such acts and things as may be necessary or reasonably required by The Insurer for the purpose of enforcing any rights and remedies or obtaining relief or indemnity from other parties to which The Insurer shall be or would become entitled or subrogated upon The Insurer paying for or making good any loss or damage under this Policy whether such acts and things shall be or become necessary or required before or after his indemnification by The Insurer. 
  7. The interest of the Insured under this Policy shall not be assignable except with the written 
    consent of The Insurer.
  8. If a claim be in any respect fraudulent or if any fraudulent means or devices be used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy or if any loss or damage be occasioned by the wilful act or with the connivance of the Insured all benefit under this Cover shall be forfeited.
  9. If at the time of any claim arising under this Policy there be any other insurance effected by or on behalf of the Insured covering the same injury damage destruction or loss The Insurer shall not be liable for more than its rateable proportion thereof.
  10. If any difference shall arise as to the amount to be paid under this Policy Cover (liability being otherwise admitted) such difference shall be referred to an Arbitrator to be appointed by the parties in accordance with the Statutory provisions in that behalf for the time being in force. Where any difference is by this condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against The Insurer.
  11. The due observance and fulfilment of the terms and conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements in the proposal (which shall be the basis of this contract and held to be incorporated herein) made by the Insured shall be conditions precedent to any liability of The Insurer to make any payment under this Policy.

Complaints Procedure
Our goal is to give excellent service to all our customers but we recognise that things do go wrong occasionally. We take all complaints we receive seriously and aim to resolve all our customers’ problems promptly. To ensure that we provide the kind of service you expect we welcome your feedback. We will record and analyse your comments to make sure we continually improve the service we offer.

What will happen if you complain?

Most of our customers’ concerns can be resolved quickly but occasionally more detailed enquiries are needed. If this is likely, we will contact you with an update and give you an expected date of response. This will not be beyond 20 working days from when you first made your complaint.

If you remain unhappy with the decision you receive from the local branch you may write to the Chief Executive. If you are dissatisfied with our final decision, you can refer the matter to the Financial Ombudsman Service (FOS).

The FOS will only consider your complaint if you have given us the opportunity to resolve it and you are a private policyholder, a business with a group annual turnover of less than £1 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less than £1 million. Please follow the steps below. If, however, we do not resolve your complaint within 40 working days, the FOS will accept a direct referral.

Whilst we are bound by the decision of the FOS, you are not. Following the complaint procedure does not affect your right to take legal action.

What should I do?
The steps you should take if dissatisfied
Step 1
Seek resolution by your insurance adviser or Insurer point of contact. If you are disappointed with any aspect of the handling of your insurance we would encourage you, in the first instance, to contact the manager concerned. You can write or telephone, whichever suits you, and ask your contact to review the problem.

Step 2
Refer your complaint to The Insurer’s Chief Executive. If you remain unhappy with the decision you receive, please write with full details including Policy number and/or claim number to the address stated on your policy.

A review of the matter will then be carried out at a senior level and a final decision given.

Step 3
Refer your complaint to the Financial Ombudsman Service. If after making a complaint to us you are still unhappy and you feel the matter has not been resolved to your satisfaction please contact the FOS at:

Financial Ombudsman Service
South Quay Plaza
London
E14 9SR

Choice of Law

The appropriate law as set out below will apply unless you and the insurer agree otherwise:

  1. The law applying in that part of the UK, Channel Islands or Isle of Man in which you normally live or (if applicable) the first named policyholder normally lives; or
  2. In the case of a business, the law applying in that part of the UK, Channel Islands or Isle of Man where it has its principal place of business; or
  3. Should either of the above be applicable, the law of England and Wales will apply.