About This Policy
This Combined Liability Policy provides comprehensive protection for specialist professionals, combining two main types of coverage:
Professional Liability
Protects you against claims arising from your professional advice and services, including negligence, breach of duty, misrepresentation, and loss of documents.
Public & Products Liability
Covers your legal liability for personal injury or property damage to third parties arising from your business operations and products you supply.
✨ Key Difference in This Policy
Defence Costs are Additional to Limits: Unlike some policies where defence costs erode your limit, this policy pays defence costs in addition to your limit of liability. However, if total compensation exceeds your limit, defence costs are paid proportionately.
Professional Liability Coverage
What's Covered
You are protected against claims arising from:
- Negligence or breach of duty to use reasonable care and skill
- Libel, slander, or defamation
- Breach of warranty of merchantable quality or fitness for purpose
- Infringement of intellectual property (copyright, design, trademark)
- Loss of or damage to documents
- Misstatement or misleading conduct
- Breach of confidence or invasion of privacy
- Acts or omissions by consultants or subcontractors working for you
Key Extensions (15 Total)
Compensatory Civil Penalties
Coverage for compensatory civil penalties primarily intended to compensate for actual economic loss (excludes punitive damages).
Continuous Cover
Protection for circumstances not previously notified under prior MS Amlin policies.
Contractual Liability
Coverage for indemnity or hold harmless provisions in contracts for professional services.
Court Attendance Costs
$500 per day, per employee required as a witness (sub-limit applies).
Dishonesty of Employees
Coverage for claims arising from dishonest actions of employees.
Emergency Defence Costs
Coverage when prior consent can't be obtained (30-day notification, sub-limit applies).
Extended Reporting Period
60 days additional reporting period after policy expiry (if not renewed).
Investigation Costs
Legal costs for representation at official investigations (sub-limit applies).
Limitation of Liability
Waiver of subrogation for contractual liability limitations.
Loss of Documents
Costs to repair, replace, or reconstitute lost documents (sub-limit applies).
Loss Mitigation
Costs to rectify or mitigate errors before they become claims (sub-limit applies).
Public Relations Expenses
Costs for PR consultants to protect professional reputation (sub-limit applies).
Reinstatement
Full limit reinstated once if exhausted (for unrelated claims only).
Run-Off Cover
Coverage continues until policy expiry if business ceases or is acquired.
Spouses, Estates & Representatives
Coverage extends to estates, heirs, spouses in event of death/incapacity.
Important: Claims-Made Basis
Professional Liability coverage is provided on a "claims-made and notified" basis. This means claims must be:
- First made against you during the policy period, AND
- Notified to us during the policy period
You must not have been aware of facts or circumstances prior to the policy inception date that could have led to the claim.
Public & Products Liability Coverage
What's Covered
You are protected against claims for:
- Personal injury (bodily injury, death, disease, illness, mental anguish)
- Property damage to third party property
- False arrest, wrongful imprisonment, or malicious prosecution
- Wrongful entry or wrongful eviction
- Assault and battery (for protection of persons/property)
Key Extensions (6 Total)
Care, Custody & Control
Limited coverage for employee personal effects, rented premises, and property being worked on (sub-limit applies).
Claims Preparation Costs
Reasonable costs for preparing claims with our consent (sub-limit applies).
Court Attendance Costs
$500 per day, per employee required as a witness (sub-limit applies).
Cross Liabilities
Each named insured treated as if separately insured.
Indemnity to Others
Coverage extends to legal representatives, plant hire owners, and welfare organization officers.
Overseas Personal Liability
Coverage for directors, officers, and employees on temporary business trips outside Australia.
Sudden & Accidental Pollution
Coverage for pollution that is sudden, unexpected, and unintended (NOT in USA/Canada).
Important: Occurrence Basis
Public & Products Liability coverage is provided on a "losses occurring" basis. This means the injury or damage must first occur during the policy period, regardless of when the claim is made.
Defence Costs Structure
⭐ Important Difference in This Policy
Defence Costs Additional to Limit: This policy pays defence costs IN ADDITION TO your limit of liability. This means your defence costs don't reduce the amount available to pay compensation.
However: If the total compensation required to dispose of a claim exceeds your limit of liability, we will only pay a proportionate share of defence costs (the ratio of available indemnity to total compensation).
Example: If your limit is $1M, compensation awarded is $1.5M, and defence costs are $200K, we would pay $133K in defence costs ($1M/$1.5M × $200K).
Key Exclusions
⚠ Important - These exclusions apply to both sections:
Policy-Wide Exclusions
- Abuse: Any acts of physical, mental, or sexual abuse
- Aircraft Products: Products used in aircraft construction/operation/maintenance
- Anticompetitive Practices: Price fixing, restraint of trade, anti-trust violations
- Asbestos: Any asbestos-related claims
- Assumed Liability: Contractual liability (except specific extensions)
- Cyber Liability: Cyber incidents, data breaches (limited exception for Professional)
- Deliberate Acts: Intentional, criminal, or dishonest acts
- Employer's Liability: Employee injuries and employment claims
- Management Liability: Director/officer breach of duty
- Fines & Penalties: Punitive damages and fines (except Compensatory Civil Penalties)
- Infrastructure Failure: Utility or telecommunications failures
- US Jurisdiction: Claims in US courts or US operations
- Motor Vehicles: Vehicles requiring compulsory insurance
- Non-Compliant Building Materials: Materials not meeting building standards
- Nuclear Risks: Nuclear material and radiation
- PFAS: PFAS contamination or exposure
- Pollution: General pollution (except sudden and accidental)
- Property Ownership: Buildings, land, aircraft, watercraft you own
- War & Terrorism: War, terrorism, or related actions
Professional Liability Specific Exclusions
- Commercial Risks (insolvency, trading losses, fee refunds)
- Medical Malpractice
- Patents and Trade Secrets
- Prior Acts (before retroactive date)
- Product Liability
- Related Entities claims
- Specific Professional Services (valuations, building inspections, social work)
Public Liability Specific Exclusions
- Advertising Injury
- Assault and Battery (except for protecting persons/property)
- Care, Custody and Control (except under extension)
- Communicable Disease
- Faulty Workmanship costs
- Professional Services
- Recall Costs
- The Product Itself
Your Obligations
Notification Requirements
You Must Notify Us As Soon As Reasonably Practicable Of:
- Any claim made against you
- Any circumstance that may give rise to a claim
- Any occurrence causing injury or damage
- Any investigation requiring your response
Critical for Professional Liability: Notification must be made before the policy period expires.
After a Claim or Incident
- Do not: Admit liability, make offers, or payments without our consent
- Do: Take reasonable measures to minimize loss
- Do: Retain all evidence and supporting documents
- Do: Cooperate fully with us in investigating claims
- Do: Forward all legal documents immediately
Document Version: AUZi MSA 2026 Combined V1
Underwritten by: Certain Underwriters at Lloyd's led by MS Amlin Underwriting Limited, Syndicate 2001
Important: This is a summary only. Please refer to your complete policy wording for full terms, conditions, and exclusions. If there is any inconsistency between this summary and the policy wording, the policy wording prevails.