These are the policy exclusions which apply to all the sections of your policy, unless otherwise specifi ed.
1) Confl ict
This policy does not insure claims directly or indirectly caused by, or arising from, or in consequence of, or contributed to by: • war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection,
military or usurped power;
• expropriation including lawful seizure, resumption, confi scation, nationalisation, destruction or damage to property by or under the order of any government or public or local authority; or
looting, sacking or pillaging following any of the events stated in (a) or (b) above.
However, this exclusion does not apply to section 6 – Goods in Transit to the extent of any inconsistency.
2) Consequential loss
This policy does not insure loss of use, loss of earning capacity, loss by delay, lack of performance, loss of contract or depreciation in the value of land and stock and any other consequential loss of any kind.
This exclusion does not apply to Section 5 – Back In Business.
3) Nuclear
This policy does not insure claims directly or indirectly caused by, or arising from, or in consequence of, or contributed to by: • ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of
nuclear fuel. For the purpose of this exclusion only, combustion shall include any self-sustaining process of nuclear fi ssion and/ or fusion; or
• nuclear weapons material.
4) Non-compliance
This policy does not insure loss or damage or liability caused by or as a result of your failure to comply with any relevant statutory obligations, by-laws, regulations, public authority requirements or safety requirements.
5) Intentional acts
This policy does not insure:
• any intentional or wilful act or omission by you, your family or your employees with your knowledge or consent; or • fraudulent or dishonest acts committed by you, your family or your employees acting alone or in collusion with others.
This exclusion does not apply to Section 4. Employee Dishonesty.
6) Terrorism
This policy does not insure:
• personal injury, damage to property, legal liability, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the personal injury, damage to property, legal liability, loss, damage, cost or expense; or
• personal injury, damage to property, legal liability, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
7)
Electronic data exclusion
• This policy does not cover:
− total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of electronic data;
− error in creating, amending, entering, deleting or using electronic data; or
− total or partial inability or failure to receive, send, access or use electronic data for any time or at all from any cause whatsoever, regardless of any other contributing cause or event whenever it may occur.
• We will not cover legal liability for communication, display, distribution or publication of electronic data. However, this exclusion (b) does not apply to bodily injury, death, sickness, disease, disability, shock, fright, mental injury, mental anguish or loss of consortium resulting from any of them.
• Where an event listed below (being an event covered in Section 1A. Fire and Defi ned Events but for this exclusion, or
accidentalloss or damage under Section 3. Portable and Valuable Items of this policy but for this exclusion) is caused by any of the matters described in paragraph (a) above, this policy, subject to all its provisions, will insure:
− loss of or damage to insured property directly caused by the event; or − consequential loss insured by this policy.
This exclusion does not apply where an event listed below (being an event covered under Section 1A Fire and Defi ned Events but for this exclusion or accidentalloss or damage under Section 3 Portable and Valuable Items) or Theft of electronic data under section 1B – Theft (solely where such theft is accompanied by theft of the computer hardware, fi rmware, medium, microchip, integrated circuit or similar device containing such electronic data) caused any of the matters described in paragraph (a) above.
Fire;
Lightning or thunderbolt; Explosion or implosion; Storm and wind; Water damage; Impact;
Earthquake, including tsunami, subterranean fi re, volcanic eruption or fi re resulting from any of these. For the purposes of the “We cover” provision in this policy, computer systems records include electronic data. Where damage to property is used in this policy, it does not include electronic data.
8) Construction, erection, alteration or additions to buildings
This policy does not cover any loss or damage to your buildings, contents or stock whilst buildings owned or occupied by you are subject to the carrying out of construction, erection, alterations or additions, repairs, maintenance, or demolition unless the value of such work is less than $500,000.