Trust exclusions...

[sloth]

Hi all, I'm a little confused as to what this means. Could anyone here offer any insight please:

(taken from PI insurance contract)

''EXCLUSIONS

The Insurer shall not be liable to indemnify the Insured against any claim:...

...

20. Asbestos & toxic mould

arising directly or indirectly out of or resulting from or in consequence of or in any way involving:

a) Asbestos or any materials containing asbestos in whatever form or quantity; or

b) the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any

fungi, moulds, spores or mycotoxins of any kind; or

c) any action taken by any party in relation to the actual, potential, alleged or threatened formation,

growth, presence, release or dispersal of (to include the investigation of, testing for, detection,

monitoring, treating, remediating or removal of) any fungi, moulds, spores or mycotoxins of any kind

whether in response to any governmental or regulatory order, requirement, directive, mandate, decree or

otherwise.

In the event of any dispute as to whether or not this exclusion applies the Insured shall have the burden of

proving that this exclusion does not apply''

 

Please note point 'c' in particular. How would this relate to for instance, failure of an investigated/monitored tree due to fungal decay?

 

Ps. I dont think this clause I need to worry about!

Radioactive contamination or explosive nuclear assemblies

directly or indirectly caused by or contributed to by or arising from:

a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from

the combustion of nuclear fuel; or

b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or

nuclear component thereof

 

Thanks in advance, Kevin

[Dean O]

I'm not sure bt I would take it to meen that they wont pay out if at some point your sniffing asbestos dust, eating mushrooms and standing too close to a nuclear explosion and decide to claim.

 

sorry cant help:blushing:

[delabodge]

......

Edited August 7, 2012 by John Shutler
language

[GTW]

I would be surprised if the insurer could explain all that, I’d put money on it that they wouldn’t be able to explain it the same way twice.

 

Any excuse not to pay.

 

P.Hall

 

www.greentreeworks.co.uk

[treequip]

It seems to be concerned with the effects of asbestos (dust) and fungal spores, aspergillosis is a baddie, A mate found aspergillus in his garage and practically had to demolish it to cure the problem.

 

That nuclear explosion would have been just the job.

 

Check with the underwriter, or.......F is for fungus, F is for firewood and F is for fell.

[Arborisk Team]

Hi Kevin,

 

Just noticed your post and we've got a bit of information regarding the mould exclusions on your Trust Policy:

 

In 2002, professional indemnity insurers in the UK started to exclude cover for ‘toxic mould’. This was because a number of large legal actions had been brought in the USA alleging mould-related illness and UK insurers were concerned at the time that mould could become the next ‘Asbestos’. The insurers reaction was to add exclusions to UK policies relating to ‘Mould’ – as defined in the policy wording.

 

Today there is less of a concern about mould claims and a few insurers are now providing cover, often subject to completion of a satisfactory questionnaire. Some PI policies still have a full exclusion for mould claims.

 

Arborisk PI cover does not have these exclusions.

 

Hope this helps - if you would like further information about this just give us a call.

 

Arborisk Team

Tel: 0113 259 3560

Email: [email protected]

Web: - Arborisk.co.uk

[TrustInsurance]

Please note point 'c' in particular. How would this relate to for instance, failure of an investigated/monitored tree due to fungal decay?

 

Kevin –Thank you for your post and raising this item.

 

Our specialist professional indemnity insurance for Arborists, Tree Surgeons and Forestry Contractors carries an endorsement that removes a number of the previous exclusions found under ‘Exclusion 20’. Enabling this cover doesn’t require a completion of a questionnaire and is automatically included.

 

The amended exclusion 20 has a change in name and removal of items concerning fungal etc. The amendment reads as follows:

20. Asbestos

arising directly or indirectly out of or resulting from or in consequence of or in any way involving asbestos or any materials containing asbestos in whatever form or quantity.

A copy of the endorsement is available on request by calling or emailing us.

Edited August 28, 2012 by Steve Bullman
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