Common use of Third Party Liability Clause in Contracts

Third Party Liability. The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured for loss or damage arising from the ownership, use or operation of the bicycle and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless the competitive events extension has been purchased and shown in the schedule of coverage a) for any liability imposed by any workmen’s compensation law upon any person insured by this section; or b) for loss or damage resulting from bodily injury to or the death of any employee of any person insured by this section while engaged in the operation or repair of the bicycle; or c) for loss of or damage to property carried in or upon the bicycle or to any property owned or rented by, or in the care, custody or control of any person insured by this section; or d) for any amount in excess of the limit(s) stated in the application and expenditures provided for in the Additional Agreements of this section e) for occurrences happening in Canada or the United States of America or in any other territory within the jurisdiction of either such country, this policy does not apply to any liability in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination; or b. the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages Where indemnity is provided by this section the Insurer shall, 1) upon receipt of notice of loss or damage caused to persons or property, serve any person insured by this Policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurer; and 2) defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil action which may at any time be brought against such person on account of such loss or damage to persons or property; and 3) pay all costs taxed against any person insured by this Policy in any civil action defended by the Insurer and any interest accruing after entry of judgment upon that part of the judgment which is within the limit(s) of the Insurer’s liability; and 4) in case the injury be to a person, reimburse any person insured by this Policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and

Third Party Liability. The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured insured for loss or damage arising from the ownership, use or operation of any automobile not owned in whole or in part by or licensed in the bicycle name of the Insured, and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless Provided always the competitive events extension has been purchased and shown in the schedule of coverageinsurer shall not be liable under this policy: (a) for any liability which arises from the use or operation of any automobile while personally driven by the insured if the insured is an individual; or (b) for any liability imposed by any workmen’s compensation law upon any person insured by this sectionpolicy; (1) by any workmen's compensation law; or b(2) by any law for loss or damage resulting from bodily injury to or the death of the insured or any partner, officer or employee of the insured while engaged in the business of the insured: or (c) for any liability assumed by any person insured by this section while engaged in the operation policy voluntarily under any contract or repair of the bicycleagreement; or c(d) for loss of or damage to property carried in or upon the bicycle an automobile personally driven by any person insured by this policy or to any property owned or rented by, or in the care, custody or control of any person insured by this sectionsuch person; or d(e) for any amount in excess of the limit(s) limit stated in Item 7 of the application and expenditures provided for in the Additional Agreements of this section epolicy; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) for occurrences happening relating to the nuclear energy hazard. *Not applicable in Canada or the United States Province of America or in any other territory within the jurisdiction of either such country, this policy does not apply to any liability in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination; or b. the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages Ontario Where indemnity is provided by this section policy, the Insurer shall,insurer further agrees: (1) upon receipt of notice of loss or damage caused to persons or property, property to serve any person insured by this Policy policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurerinsurer; and] (2) to defend in the name and on behalf of any person insured by this Policy policy and at the cost of the Insurer insurer any civil action which whic h may at any time be brought against such person on account of such loss or damage to persons or property; and (3) to pay all costs taxed against any person insured by this Policy policy in any civil action defended by the Insurer insurer and any interest accruing after entry of judgment judgement upon that part of the judgment judgement which is within the limit(s) limits of the Insurer’s 's liability; and (4) in case the injury be to a person, reimburse any person insured by this Policy policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and (5) to be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit stated in section A of Item 7 of the application; and (6) not to set up any defense to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred.

Third Party Liability. The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured insured for loss or damage arising from the ownership, use or operation of any automobile not owned in whole or in part by or licensed in the bicycle name of the Insured, and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless Provided always the competitive events extension has been purchased and shown in the schedule of coverageinsurer shall not be liable under this policy: (a) for any liability which arises from the use or operation of any automobile while personally driven by the insured if the insured is an individual; or (b) for any liability imposed by any workmen’s compensation law upon any person insured by this sectionpolicy; (1) by any workmen's compensation law; or b(2) by any law for loss or damage resulting from bodily injury to or the death of the insured or any partner, officer or employee of the insured while engaged in the business of the insured: or (c) for any liability assumed by any person insured by this section while engaged in the operation policy voluntarily under any contract or repair of the bicycleagreement; or c(d) for loss of or damage to property carried in or upon the bicycle an automobile personally driven by any person insured by this policy or to any property owned or rented by, or in the care, custody or control of any person insured by this sectionsuch person; or d(e) for any amount in excess of the limit(s) limit stated in Item 7 of the application and expenditures provided for in the Additional Agreements of this section epolicy; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) for occurrences happening relating to the nuclear energy hazard. *Not applicable in Canada or the United States Province of America or in any other territory within the jurisdiction of either such country, this policy does not apply to any liability in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination; or b. the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages Ontario Where indemnity is provided by this section policy, the Insurer shall,insurer further agrees: (1) upon receipt of notice of loss or damage caused to persons or property, property to serve any person insured by this Policy policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurerinsurer; and] (2) to defend in the name and on behalf of any person insured by this Policy policy and at the cost of the Insurer insurer any civil action which may at any time be brought against such person on account of such loss or damage to persons or property; and (3) to pay all costs taxed against any person insured by this Policy policy in any civil action defended by the Insurer insurer and any interest accruing after entry of judgment judgement upon that part of the judgment judgement which is within the limit(s) limits of the Insurer’s 's liability; and (4) in case the injury be to a person, reimburse any person insured by this Policy policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and (5) to be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit stated in section A of Item 7 of the application; and (6) not to set up any defense to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred.

Third Party Liability. The Insurer agrees to indemnify the Insured and, in the same manner and to the same extent as if named herein as the Insured, every other person who with his consent personally drives the vehicle, or personally operates any part thereof, against the liability imposed by law upon the Insured or upon any such other person for loss or damage arising from the ownership, use or operation of the bicycle vehicle and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless the competitive events extension has been purchased and shown in the schedule of coverageproperty a) for any liability imposed by any workmen’s compensation law upon any person insured by this section; or b) for loss or damage resulting from bodily injury to or the death of any employee of any person insured by this section while engaged in the operation or repair of the bicyclevehicle; or c) for loss of or damage to property carried in or upon the bicycle vehicle or to any property owned or rented by, or in the care, custody or control of any person insured by this section; or d) for any amount in excess of the limit(s) stated in the application and expenditures provided for in the Additional Agreements of this section; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) relating to the nuclear energy hazard; e) for occurrences happening in Canada bodily injury or property damage arising out of the United States discharge, dispersal, release or escape of America smoke, vapours, soot, fumes, acid, alkalis, toxic chemicals, liquids or in gases, waste materials or other irritants, contaminants, or pollutants into or upon land, the atmosphere or any other territory within the jurisdiction water of either such countryany description no matter where located or how contained, this policy or into any watercourse, drainage or sewage system. This exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental, however is subject to a sub-limit of twenty-five thousand dollars ($25,000) for any liability such sudden and accidental discharge, dispersal, release or escape, regardless of the limit applicable to Section A and this amount shall be part of and not in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination; or b. addition to the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages Section A limit. Where indemnity is provided by this section the Insurer shall, 1) upon receipt of notice of loss or damage caused to persons or property, serve any person insured by this Policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurer; and 2) defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil action which may at any time be brought against such person on account of such loss or damage to persons or property; and 3) pay all costs taxed against any person insured by this Policy in any civil action defended by the Insurer and any interest accruing after entry of judgment upon that part of the judgment which is within the limit(s) of the Insurer’s liability; and 4) in case the injury be to a person, reimburse any person insured by this Policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and 5) be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit(s) stated in of the application; and 6) not set up any defence to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred. 7) It is understood and agreed that while the vehicle is being operated off a public highway the Insurer waives compliance with that portion of the Statutory Condition dealing with prohibited uses which prohibits the Insured from driving or operating the vehicle or permitting the use of the vehicle when the operator is not authorized by law or qualified to drive the vehicle or while he is under the age prescribed by law for the operation of a vehicle on a highway Where indemnity is provided by this section, every person insured by this Policy: a) by the acceptance of this Policy, constitutes and appoints the Insurer his irrevocable attorney to appear and defend in any province or territory of Canada in which action is brought against the Insured arising out of the ownership, use or operation of the vehicle; b) shall reimburse the Insurer, upon demand, in the amount which the Insurer has paid by reason of the provisions of any statute relating to vehicle insurance and which the Insurer would not otherwise be liable to pay under this Policy. c) while the vehicle (or temporary substitute) is operated by an insured person who does not hold a valid Motor Vehicle Driver’s license or one which is recognized as being equivalent to such in the Province the vehicle is being operated, the Limit of Liability under Section A shall be reduced to two-hundred thousand dollars ($200,000) and shall be subject to a Deductible of $ 1,000 for damage to property of others. d) the earned premium shall be charged at a rate of twenty-five percent (25%) per month or portion thereof, but, in no event, shall the unearned premium for the expired time be deemed to be less than any minimum retained premium specified.

Third Party Liability. The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured insured for loss or damage arising from the ownership, use or operation of any automobile not owned in whole or in part by or licensed in the bicycle name of the Insured, and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless Provided always the competitive events extension has been purchased and shown in the schedule of coverageinsurer shall not be liable under this policy: (a) for any liability which arises from the use or operation of any automobile while personally driven by the insured if the insured is an individual; or (b) for any liability imposed by any workmen’s compensation law upon any person insured by this sectionpolicy; (1) by any workmen's compensation law; or b(2) by any law for loss or damage resulting from bodily injury to or the death of the insured or any partner, officer or employee of the insured while engaged in the business of the insured: or (c) for any liability assumed by any person insured by this section while engaged in the operation policy voluntarily under any contract or repair of the bicycleagreement; or c(d) for loss of or damage to property carried in or upon the bicycle an automobile personally driven by any person insured by this policy or to any property owned or rented by, or in the care, custody or control of any person insured by this sectionsuch person; or d(e) for any amount in excess of the limit(s) limit stated in Item 7 of the application and expenditures provided for in the Additional Agreements of this section epolicy; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) for occurrences happening relating to the nuclear energy hazar d. *Not applicable in Canada or the United States Province of America or in any other territory within the jurisdiction of either such country, this policy does not apply to any liability in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination; or b. the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages Ontario Where indemnity is provided by this section policy, the Insurer shall,insurer further agrees: (1) upon receipt of notice of loss or damage caused to persons or property, property to serve any person insured by this Policy policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurerinsurer; and] (2) to defend in the name and on behalf of any person insured by this Policy policy and at the cost of the Insurer insurer any civil action which whic h may at any time be brought against such person on account of such loss or damage to persons or property; and (3) to pay all costs taxed against any person insured by this Policy policy in any civil action defended by the Insurer insurer and any interest accruing after entry of judgment judgement upon that part of the judgment judgement which is within the limit(s) limits of the Insurer’s 's liability; and (4) in case the injury be to a person, reimburse any person insured by this Policy policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and (5) to be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit stated in section A of Item 7 of the application; and (6) not to set up any defense to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred.

Third Party Liability. The Insurer insurer agrees to indemnify the Insured insured and, in the same manner and to the same extent as if named herein as the insured, every other person who with his or her consent personally drives the automobile, or personally operates any part thereof, against the liability imposed by law upon the Insured insured or upon any such other person for loss or damage arising from the ownership, use or operation of the bicycle automobile and resulting from bodily injury to or death of any person or damage to property excluding while participation in a competitive event or practice unless the competitive events extension has been purchased and shown in the schedule of coveragefrom (a) for any liability imposed by any workmen’s workersʼ compensation law upon any person insured by this section; or (b) deleted (c) for loss or damage resulting from bodily injury to or the death of any employee of any person insured by this section while engaged in the operation or repair of the bicycleautomobile; or c(d) for loss of or damage to property carried in or upon the bicycle automobile or to any property owned or rented by, or in the care, custody or control of any person insured by this section; or d(e) deleted (f) deleted (g) for any amount in excess of the limit(s) stated in section A of Item 4 of the application application, and expenditures provided for in the Additional Agreements of this section e; subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) for occurrences happening in Canada or relating to the United States of America or in any other territory within the jurisdiction of either such country, this policy does not apply to any liability in respect of: a. injury, or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contaminationnuclear energy hazard; or b. (h) for any liability arising from contamination of property carried in the cost of removing, nullifying or cleaning up seeping, polluting or contamination substances, or c. fines, penalties, punitive or exemplary damages automobile. Where indemnity is provided by this section section, the Insurer insurer shall, (1) upon receipt of notice of loss or damage caused to persons or property, serve any person insured by this Policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurer; and (2) defend in the name and on behalf of any person insured by this Policy policy and at the cost of the Insurer insurer any civil action which may at any time be brought against such person on account of such loss or damage to persons or property; and (3) pay all costs taxed against any person insured by this Policy policy in any civil action defended by the Insurer insurer and any interest accruing after entry of judgment upon that part of the judgment which is within the limit(s) of the Insurer’s insurerʼs liability; and (4) in case the injury be to a person, reimburse any person insured by this Policy policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and (5) be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit(s) stated in section A of Item 4 of the application; and (6) not set up any defence to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred.