schedule of cover association liability

SCHEDULE OF COVERAssociation Liability

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OUR REFERENCE 13030409

INSURED Sports Aviation Federation Of Australia Limited trading as HangGliding Federation of Australia

BUSINESS OF INSURED Sporting body responsible for the administration of the hang gliding,paragliding and weightshift microlights regulations as provided by theCivil Aviation Safety Authority (CASA) of Australia. Classroom based;pilot training, instructor certification and provision of flighttraining facilities. General administration. Club meetings andgatherings. Commercial property owners and/or occupiers of clubroomsand offices.

PERIOD OF INSURANCE 30/06/21 to 30/06/22 At 4pm Local Time

INSURED PERSONS SPORTS AVIATION FEDERATION OF AUSTRALIA LIMITEDABN 15 276 389 269trading as HANG GLIDING FEDERATION OF AUSTRALIA

COVERING Associations Liability

POLICY EXTENSIONS 1.5 - Trade Practices and Related Legislation - Amended Included(see Australian Consumer Law & Similar Legislation Endorsement)Included1.6 - Breach of Contract Included1.7 - Libel and Slander Included1.8 - Intellectual Property Included2.1 - Advance Payment of Defence Costs Included2.2 - Insured v Insured Included2.3 - Occupational Health & Safety Included2.4 - Fraud and Dishonesty Included2.5 - Loss of Documents Included2.6 - Committees Included2.7 - Severability and Non-Imputation Included2.8 - Estates and Legal Representatives Included3.1 - Increased Aggregate Limit of Indemnity Included3.2 - Fidelity Not Included3.3 - Outside Directorship - Blanket Cover Not Included3.4 - Outside Directorship - Run-Off Cover Not Included3.5 - Trusteeship - Blanket Cover Not Included3.6 - Trusteeship - Run-Off Cover Not Included

PRINCIPALEXCLUSIONS

ADDITIONAL EXCLUSIONS

LIABILITY TO INDEMNITY EXCLUSIONIt is agreed that Section 4: Exclusions is amended to include thefollowing exclusions.

Liability to Indemnity

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QBE shall not be liable under this Policy to provide indemnity inrespect of any claim for an amount in excess of:1. the limit of indemnity specified in the Policy; or2. the sub limit specified in the Policy Schedule for the respectivePolicy extension, whichever is lesser.

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

INSOLVENCYIt is agreed that Section 4: Exclusions is amended to include thefollowing exclusion:

Insolvency ExclusionQBE shall not be liable under this Policy to make any payment for lossarising from any claim against any insured directly or indirectlyarising out of, based upon or attributable to the insured trading whileInsolvent.Provided always that this exclusion shall not apply where the claimwould have arisen notwithstanding that the insured was Insolvent.

For the purposes of this exclusion, Insolvent means the insured:a) is unable to pay its debts as and when they fall due;b) is subject to an application for winding up;c) is subject to the appointment of a liquidator, provisionalliquidator, receiver, receiver and manager, or official manager(whether or not by a Court);d) is under administration;e) has executed a Deed of Company Arrangement that has not yetterminated; orf) has entered into a compromise or arrangement of its financialaffairs which has not been concluded.


INADEQUATE INSURANCE EXCLUSIONIt is agreed that Section 4: Exclusions is amended to include thefollowing exclusion:

Inadequate InsuranceQBE shall not be liable under this Policy to make any payment for lossarising from any claim made against an insured directly or indirectlybased upon, attributable to, or in consequence of the failure oromission by such insured to effect or maintain insurance or adequateinsurance.Other than as amended above, the terms, conditions and exclusions ofthisPolicy shall continue to apply.

AIRCRAFT MOTOR VEHICLES AND WATERCRAFT EXCLUSIONIt is agreed that Section 4: Exclusions is amended to include thefollowing exclusion:

Aircraft Motor Vehicles and WatercraftQBE shall not be liable under this Policy to provide indemnity inrespect of any claim made against the insured directly or indirectlybased upon, attributable to, or in consequence of:1. the ownership of any aircraft, motor vehicle or watercraft by the

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insured or any insured person, or2. aircraft registration, inspection or maintenance advice provided bythe insured or any insured person or on behalf of the insured or anyinsured person.Other than as amended above, the terms, conditions and exclusions ofthis Policy shall continue to apply.

PREVIOUS MATTERS EXCLUSIONIt is agreed that Section 4: Exclusions is amended to include thefollowing exclusion

QBE shall not be liable under this Policy to make any payment for lossarising from any claim made againstan insured directly or indirectly based upon, attributable to orarising from the following:a) matters as detailed in Q9 (d) of the proposal form dated 7/6/18;b) the claims reports emailed to QBE 18/6/2018,c) the passenger death disclosed in the email received by us at4.34pm on 12/06/2019 from Kelly Qualmann.d) Section F of the Application Form dated 16/06/2020.


OTHER ENDORSEMENTS

ASSOCIATION LIABILITY INSURING CLAUSE - ENTITYIt is agreed that Section 1: Insuring Clause, Insuring Clause Ais amended to add the following:

1.1.1 Association liability insuring clause

a) QBE agrees to indemnify the association against all loss forwhich the association shall become legally obligated to pay onaccount of any claim first made against the association duringthe period of cover, and which is notified to QBE during theperiod of cover.

b) QBE agrees to indemnify the Regional Associations againstall loss for which the Regional Association shall becomelegally obligated to pay on account of any claim first madeagainst the Regional Association during the period of cover,and which is notified to QBE during the period of cover.

c) QBEs total liability for all claims under this clause 1.1.1shall not exceed the limit of indemnity(including defence costs)specified in the Policy Schedule and shall form part of and notbe in addition to the limit of indemnity as specified in thePolicy Schedule.

It is agreed that in respect of the coverage under Insuringclause 1.1.1 Association liability insuring clause,Section 7 Definitions. 7.21 Wrongful Act is deleted inits entirety and replaced as set out below:

7.21 Wrongful act"Wrongful act" shall mean:

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Any actual or alleged breach of duty, breach of trust, neglect,error, omission, misstatement, misleading statement, or other actcommitted or attempted by the association or Regional Associationin the course of the duties to the association orRegional Association.

Provided always that QBE shall not be liable under this Insuringclause 1.1.1 Association liability to make any payment for lossarising from any claim against the association or RegionalAssociation:

(a) under Insuring clause A 1.1.1 Association liability orSection 2: Automatic extension 2.2 Insured versus insuredin respect of any claim:(i) made in, or determined pursuant to, the law of the UnitedStates of America or Canada or their territories orprotectorates; or

(ii) arising out of the enforcement of judgements, ordersor awards obtained within, or determined pursuant to,the law of the United States of America or Canada or theirterritories or protectorates.

(b) directly or indirectly based upon, attributable to, or inconsequence of any actual or alleged anticompetitive conduct.

(c) directly or indirectly based upon, attributable to, or inconsequence of any actual or alleged breach of contract,;However, this exclusion does not apply to any claim pursuantto cover afforded under Section 1: Insuring clause 1.2Professional indemnity insuring clause, or Section 2:Automatic extension 2.2 Insured versus insured.

(d) brought by or on behalf of the association or RegionalAssociations; However, this exclusion does not apply to any claim:(i) in respect of defence costs; or(ii) brought by or at the direction of any liquidator, provisionalliquidator, administrator or receiver of the association or RegionalAssociation.

(e) directly or indirectly based upon, attributable to, or inconsequence of any infringement of copyright, trademarks, registereddesigns or patents, or any plagiarism, or breach of confidentiality.

(f) by any director of the association or Regional Associationspursuant to cover afforded under Section 2: Automatic Extension 2.2Insured versus insured, where such claim is in connection with acontract of employment.

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

AUSTRALIAN CONSUMER LAWIt is agreed that Section 1: Insuring Clause Clarification, 1.5 Tradepractices and related legislation is deleted in its entirety andreplaced with the following:

Australian Consumer Law and Similar LegislationQBE agrees to indemnify the insured against civil liability for

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compensation arising from any claim made against an insured under theAustralian Consumer Law or the Competition and Consumer Act 2010 (Cth)or any similar legislation enacted by any States or Territories inAustralia and or the Dominion of New Zealand, provided that the acterror or omission by the insured giving rise to the Claim isunintentional.Other than as amended above, the terms, conditions and exclusions ofthis Policy shall continue to apply.

BODILY INJURY EXTENSIONIt is agreed that Section 2: Automatic extensions is amended toinclude the following:

Bodily InjuryNotwithstanding Exclusion 4.4 Bodily Injury and Property Damage,QBE agrees to provide indemnity up to an aggregate limit of $500,000inclusive of defence costs, in respect of any claim made againstan insured as a direct result of a breach of professional duty forbodily injury, sickness, disease or death of any person.

Provided always that:(a) such indemnity shall form part of the limit of indemnity andnot be in addition to the limit of indemnity.(b) the Deductible specified in the Policy Schedule shall applyto each and every claim.

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

COURT ATTENDANCE COSTSIt is agreed that Section 2: Automatic extensions is amended to includethe following:Court attendance costs

Court attendance costsQBE agrees to reimburse, or pay on behalf of, the insured in respectof any claim covered by this Policy where an insured person is requiredto attend a civil proceeding as a witness:a. Up to $500 per day for any person who is a director, officer orcommittee member of an Association or Regional Association; andb. Up to $250 for any other insured person

QBE's total aggregate liability during any one period of insurance forall court attendance costs shall not exceed $50,000 any one claim and$200,000 in the aggregate and shall be part of and not in addition tothe limit of indemnity as specified in the Policy Schedule.

The insured does not have to pay any deductible if they claim underthisAdditional Policy Extension.


OFFICIAL INVESTIGATIONS & ENQUIRIES - COSTS AND EXPENSESIt is agreed that Section 2: Automatic extensions is amended to includethe following:

QBE agrees to pay Investigation costs and expenses.

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Provided always that:(a) QBE shall be entitled, at QBEs discretion, to appoint legalrepresentation to represent the insured in the investigation,examination or enquiry;(b) the investigation, examination or enquiry, or notice ofintended investigation, or enquiry must commence during theperiod of insurance and is notified to QBE during the sameperiod of insurance;(c) in the event that a claim for payment of investigationcosts and expenses is withdrawn or indemnity under this Policyis subsequently withdrawn or denied, QBE shall cease to advanceinvestigation costs and expenses and the insured shall refundany investigation costs and expenses advanced by QBE to theextent that QBE are satisfied that the insured was not entitledto such investigation costs & expenses, unless QBE agrees inwriting to waive recovery of such investigation costs andexpenses; and(d) QBEs total liability in respect of investigation costs andexpenses for all claims made under this Policy extension shallnot exceed $100,000 any one Claim and $500,000 in the aggregateand shall form part of and not in addition to the limit ofindemnity as specified in the Policy Schedule.

For the purposes of this extension, investigation costs and expensesshall mean legal costs and other expenses incurred by or on behalf ofthe insured or by QBE arising out of any legally compellable attendanceby an insured at any official investigation, examination or enquiry inrelation to the conduct of the insureds profession where suchinvestigation, examination or enquiry may lead to a recommendation inrespect of civil liability or civil proceedings which would be thesubject of a claim subject to indemnity by Insuring clause B of thisPolicy.

Investigation costs and expenses does not include any fine, penalty ororder for the payment of monetary compensation.

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

FINES & PENALTIES EXTENSIONIt is agreed that Section 2: Automatic extensions is amended to includethe following:

Fines and Penalties extensionQBE agrees to pay on behalf of the insured any amount which theinsured is ordered to pay pursuant to the laws of, or in thejurisdiction of Australia as a fine or penalty, provided alwaysthat QBE is not legally prohibited from paying the fine or penalty.

QBE's total aggregate liability during any one period of insurancefor any fine or penalty:a. that is imposed on the association or Regional Associationshall not exceed $100,000;b. that is imposed on an insured person shall not exceed $100,000;

any one claim and $500,000 in the aggregate and shall form part ofand not in addition to the limit of indemnity as specified in thePolicy Schedule.

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However, this Fines and Penalties extension does not provide coverin respect of the following:i. punitive, aggravated, multiple or exemplary damages;ii. fines or penalties uninsurable under the law or against thepublic interest, or where QBE is legally prohibited from paying; oriii. payments made, or liabilities, or fines, or penaltiesincurred in connection with the non-payment or underpayment oravoidance of any income tax, customs duties, excise duty,stamp duty, GST sales tax or any other State or Federal tax or duty.

It is hereby noted and agreed that the Deductible specified on thePolicy Schedule will apply to each and every claim notified under thisFines and Penalties extension.


PUBLIC RELATIONS EXPENSESIt is agreed that Section 2: Automatic extensions is amended to includethe following:

Public Relations expenses extensionWhere the insured retains the services of a public relationsconsultant for the sole purpose of protecting the insured's reputationthat has been brought to question as a direct result of a claimcovered by this Policy, QBE agrees to pay any reasonable fees, costs,and expenses of such public relations consultant.

Provided always that:a) the insured notifies QBE within 28 days of first becoming awareof the insureds reputation being brought into question, and providefull written details outlining the circumstances surrounding theevent;b) QBE have given prior written consent to retain the services ofsuch public relations consultant; andc) QBEs total aggregate liability during any one period ofinsurance for all public relations expenses shall not exceed$50,000 any one claim and $200,000 in the aggregate and shallbe part of and not in addition to the limit of indemnity asspecified in the Policy Schedule.

It is hereby noted and agreed that the Deductible specified onthe Policy Schedule will apply to each and every claim notifiedunder this Public Relations expenses extension.


CRISIS COVER EXTENSIONIt is agreed that Section 2: Automatic extensions is amended to includethe following:

Crisis cover extensionQBE agrees to reimburse, or pay on behalf of, the insured any"crisis loss" which the association or Regional AssociationIncurs by reason of a "crisis" and which is notified to QBEduring the period of cover.

For the purposes of this endorsement only "crisis" means any

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of the following events which first occur during the periodof cover and which in the reasonable opinion of the ChiefExecutive Officer (or equivalent position)of the associationor Regional Association has the potential to reduce theconsolidated annual revenue or income of the association orRegional Association by more than 30% during the next 12 monthperiod if left unmanaged:a) Loss of its intellectual property rights including but notlimited to patents, trademarks and copyrights;b) Loss of a major customer, contract or credit facility;c) Any product which is manufactured, produced, packaged ordistributed by the association orRegional Association has a recall announced due to its potentialfor bodily injury or property damage;d) Bodily injury or death happening at the association or RegionalAssociation's premises;e) Discovery of unauthorised intrusion into the computer networkor loss or theft of any of the computers containing commercial-inconfidence information or information governed by privacy laws;orf) Commencement of a criminal investigation into any Director orOfficer or employee of the association or Regional Association.

For the purposes of this endorsement only crisis loss means thereasonable and necessary fees, costs and expenses paid by theassociation or Regional Association for an external crisis managementconsultant for a period not exceeding 30 calendar days after the crisisfirst happens to mitigate the effects of the crisis on theassociation'sor Regional Associations consolidated annual revenue.

QBE's total aggregate liability during any one period of insurance forall "crisis loss" shall not exceed $50,000 any one claim and $200,000in the aggregate and shall form part of and not in addition to thelimitof indemnity as specified in the Policy Schedule.

It is hereby noted and agreed that the Deductible specified on thePolicy Schedule will apply to each and every claim notified under thisCrisis cover extension.


QBE LEGAL PANEL1. The insured may contact the QBE Professional Liability Legal Panelfor a single complimentary session of verbal advice in relation tomatters which are covered or potentially covered under this policy;2. In the event of a claim arising from the matter QBE agree tothe appointment of any QBE Professional Liability Legal Panel memberfirm to act on behalf of the insured in respect of any claim notifiedto QBE provided there is no existing or potential onflict of interest,in which case QBE will refer you to another member of the Panel.

The terms, conditions and contact details for the QBE ProfessionalLiability Legal Panel can be found at www.qbe.com.


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5.1 REPORTING AND NOTICEIt is hereby noted and agreed that Section 5: Claims conditions,5.1 Reporting and notice is deleted in its entirety and replaced withthe following:

5.1 Reporting and notice(a) The insured shall give to QBE written notice as soon aspracticable of any claim made against the insured providedalways that such written notice is given to QBE during thesame period of cover.(b) Notice of any claim shall be given in writing to QBE,and delivered to:

Claims ManagerFinancial Lines Claims DepartmentQBE Insurance (Australia) LimitedGPO Box 219PARRAMATTA NSW 2150Or by email to [email protected]


ADDITIONAL NOTIFICATION PERIOD DELETEDIt is agreed that Section 1: Insuring clause, 1.3 Additionalnotification period is deleted in its entirety and replaced with thefollowing:

1.3 Additional notification periodIn the event that this insurance is not renewed or is cancelledfor any reason other than non-payment of premium, then the insured willhave until such time that the insured effects another Associationliability insurance policy (or similar insurance) or a period oftwenty-eight (28) days commencing the day of expiry of this Policy,whichever is the lesser period, during which to notify QBE of any claimfirst made against the Insured during the period of cover,Provided that this extension:(a) does not reinstate or increase the limit of indemnity or extendthe period of cover;(b) will only apply to a wrongful act committed or alleged to havebeen committed by the insured before the end of the period of coveror the cancellation date of this Policy where this Policy has beencancelled.


CONTINUOUS COVER ENDORSEMENTNotwithstanding Section 4: Exclusions, 4.1 Prior or Pending and anyClaims Made notice, QBE shall provide indemnity in respect of anyclaim made against the insured where such claim arises from a fact orcircumstance.a) of which the insured first became aware prior to the periodof cover and which the insured knew, or ought to have reasonablyknown, had potential to give rise to a claim; andb) which should have, but was not, notified to QBE under an earlierpolicy under which QBE was indemnifying the insured.

Provided always that:

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I. such indemnity shall not apply to any claim where the insured'sfailure to notify such claim is fraudulent;II. QBE has continued as the insurer of the insured's AssociationLiability policy in uninterrupted succession between the date whenthe circumstance should have been notified and the date the claimwas actually notified;III. such indemnity shall be subject to the terms, conditions, limit ofindemnity and deductible applicable to this Policy.


DEFINITIONSIt is agreed that Section 7: Definitions, 7.6 Insured is deletedand replaced as set out below.

7.6 InsuredInsured shall mean, either in the singular or plural, the association,Regional Association and any insured person.


It is agreed that Section 7: Definitions, 7.7 Insured Person is amendedas set out below.

7.7 Insured person"insured person" shall mean any past, present, or future director,secretary, officer, trustee, committee member or employee of theassociation or Regional Association(whether salaried or not), or anyother natural person acting on behalf of the association or RegionalAssociation at the direction of an officer or board of directors orcommittee of management of the association or Regional Association.

Other than as amended above, the terms, conditions and exclusionsof this Policy shall continue to apply

It is agreed that Section 7: Definitions is extended to include thefollowing definition:

7.22 Regional Association7.22 Regional Association shall mean an affiliated entity to theassociation and specifically listed in the Policy Schedule.


REGIONAL ASSOCIATION:

Includes: (To be Confirmed)Name of Clubs1. ACTHPA2. Albany Hang Gliding Club3. Blue Mountains HG Club4. Cairns Hang Gliding Club5. Canungra Hang Gliding Club6. Central Coast Sky Surfers7. Cloudbase Paragliding WA8. Dalby Hang Gliding Club

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9. Duaringa Flying Club10. Dynasoarers HG Club11. Far North Queensland Paragliding12. Flatlands Towing Club13. Flystanwell14. Goldfields Dust Devils15. HGAWA16. Illawarra Gliding Club Inc17. Manilla Skysailors Inc18. Melbourne HG Club19. Mid North Coast Flyers20. Newcastle Hang Gliding Club21. Newcastle Paragliding Club22. North East Vic HG Club23. North Queensland HG Association24. Northern Beaches Hang Gliding Club25. Northern Rivers HG & PG Club26. NSWHPA27. Paradise Flyers QLD28. Pico Club29. Queensland Sports Aviators Inc30. SAHGPA31. Skyhigh Paragliding Club32. South west Airsports33. Southern Microlight Club34. Sunshine Coast Sports Aviators35. Surf and Turf flyers36. Sydney Hang Gliding Club37. Sydney Paragliding & Hang Gliding Club38. THPA39. Victorian Blue Sky Paramotor Club40. Victorian HG & PG Association41. Victorian Sport Flyers42. WA Hill Flyers Inc43. WA Skypirates Paramotoring Club44. Western Soarers45. Western Victorian HG Club46. Wicked Wings Toowoomba


LIMITS OF INDEMNITY $ 5,000,000 any one claim$10,000,000 In the Aggregate The maximum amount QBE will pay for any one claim involving more thanone Insured or Insured Persons under this Policy is the aggregateLimit of Indemnity detailed within the Policy.

Sub limits table Sub limit Aggregate SublimitBodily Injury Extension $500,000 $500,000Court Attendance CostsExtension $50,000 $200,000Official Investigations &Enquiries û Costs and ExpensesExtension $100,000 $500,000Fines & Penalties Extension $100,000 $500,000Crisis Cover Extension $50,000 $200,000

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EXCESS $10,000 Each & Every Claim

JURISDICTIONALLIMITS

In accordance with the Policy Wording

RETROACTIVE DATE Unlimited

POLICY WORDING QBE Association Liability Wording (QM829-1118)

INSURER Policy No. Proportion %

QBE Insurance (Aust) LtdGPO Box 1119 ADELAIDE SA 5001

621004297ASL 100.0000

NOTES NOTES

IMPORTANT NOTICE: GROUP POLICYThis Policy is a group policy which Sports Federation of AustraliaLimited ABN 15 276 389 269 trading as Hang Gliding Federation ofAustralia (Hang Gliding Federation of Australia) has enteredinto with QBE Insurance (Australia) Limited for the Period ofcover.

Access to each cover is provided to you if you meet theeligibility criteria specified in the Policy, or under aparticular cover, at the time loss or damage occurred.

Important note regarding total aggregate liability

Its important to understand there is an annual aggregate limitshared amongst all insured including you.If the Aggregate Limit of Indemnity is exhausted by claims againstother insureds during the Period ofInsurance then there will be no cover remaining for any claims forthe remainder of the Policy Period.If you are seeking advice as to whether you meet the eligibilitycriteria, please contact your Financial services provider

Please see Group policies: About your right to access cover belowfor further information about this Policy.

Group policies: About your right to access coverThis is a group policy which Hang Gliding Federation of Australiahas entered into with us for the period of insurance. You may beeligible to claim under it as a third-party beneficiary, providedyou met the eligibility criteria specified in the Policy, or undera particular cover, at the time loss or damage occurred.

You can't cancel or vary the Policy û only the Hang GlidingFederation of Australia on behalf of the Insured and we can dothis. If the Policy is cancelled or varied by us, we don't need toobtain your consent.

We also don't provide you with any notices in relation to thisPolicy. We only send notices to the Hang Gliding Federation of

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Australia.

You're not obliged to accept any of the benefits of this Policybut if you make a claim, you'll be bound by its terms, conditions,limitations and exclusions.

Neither we nor Hang Gliding Federation of Australia hold thecover(s) or the benefits provided under the Policy on trust orfor your benefit or on your behalf.

Hang Gliding Federation of Australia also doesn't:- Act on behalf of us or you in relation to the Policy- Provide, and is not authorised to provide, any financial productadvice, recommendations or opinions about the Policy or any cover;and- Receive any remuneration or other benefits from us.

If you're seeking to access the benefit of the Policy, you shouldconsider obtaining advice as to whether it is appropriate for yourneeds from a person who is licensed to give such advice.

Nothing prevents you from entering into other arrangementsregarding insurance.

To confirm if you may have access to the Policy, and its currency,please refer to the Policy Schedule and the Policy Wording.

To notify a claim please refer to Section 5: Claims conditions,5.1 Reporting and notice endorsed above and Section5: Claimsconditions in the Policy wording

Limit of IndemnityThe maximum amount QBE will pay for any one claim is the Limit ofIndemnity detailed within the Policy Schedule.

For the purpose of applying the Limit of Indemnity in theAggregate, claims will be assessed in the order ofreceipt up until the exhaustion of the Limit of Indemnity in theAggregate specified in the Schedule


NOTICE TO THE INSUREDClaims Made PolicySuperseding any previous disclosure noticeThese terms are for a "claims made and notified" policy ofinsurance. This means that the policy covers you for claims madeagainst you and notified to the insurer during the period of cover.This policy does not provide cover in relation to:-claims made after the expiry of the period of cover even thoughthe event giving rise to the claim may have occurred during theperiod of cover;-claims notified or arising out of facts or circumstances notified(or which ought reasonably to have been notified) under anyprevious policy;-claims made, threatened or intimated against you prior to thecommencement of the period of cover-facts or circumstances which you first became aware prior to the

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period of cover, and which you knew or ought reasonably to haveknown had the potential to give rise to a claim under this policy;-claims arising out of circumstances noted on the proposal/application form for the current period of cover or on anyprevious proposal/application form.

However, the effect of Section 40(3) of the Insurance ContractActs 1984 is that where you give notice in writing to the insurerof any facts that might give rise to a claim against you as soonas reasonably practicable after you become aware of those factsbut before the expiry of the period of cover, the policy will,subject to the terms and conditions, cover you notwithstandingthat a claim is only made after the expiry of the period of cover.

SPECIAL NOTE This memorandum is prepared as a summary of the insurance policy. Itis not a complete description of all the policy's terms, conditions andexclusions.

In determining a claim, or questions with regard thereto, theprovisions of the policy will prevail.

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