Corporate Manslaughter Clause Samples
The Corporate Manslaughter clause establishes the legal responsibility of a company for deaths resulting from gross breaches of a duty of care by its management or operations. This clause typically applies when a company's actions or omissions lead to fatal accidents, such as unsafe working conditions or inadequate safety procedures, and the failure can be attributed to senior management decisions. Its core function is to ensure that companies are held accountable for preventable fatalities, promoting higher safety standards and deterring negligent corporate behavior.
Corporate Manslaughter. The insurer shall pay the loss of any director, under insuring clause 3.1, with respect to any proceeding brought against them for any gross breach of duty of care that causes the death of another person including under the Corporate Manslaughter and Homicide Act 2007.
Corporate Manslaughter. The Insurer will pay the Loss of any Insured Person with respect to any proceeding brought against them for a gross breach of duty of care causing the death of another person including under the Corporate Manslaughter and Corporate Homicide Act 2007.
Corporate Manslaughter. RSA shall indemnity the Insured against that part of any Loss comprising to Defence Costs incurred by an Insured Person,
i. such Defence Costs are incurred in respect of corporate manslaughter and Corporate Homicide Act 2007 (or other similar or equivalent criminal offence in any jurisdiction in which the Company operates), related criminal proceedings arising from any Wrongful Act or Investigation. and
ii. such Defence Costs shall not include costs relating to any publicity or remedial orders imposed by any court (or similar or equivalent judicial remedial or punitive measure imposed in any jurisdiction in which the Company operates).
Corporate Manslaughter. RSA shall indemnify the Company against that part of any Loss comprising of Defence Costs incurred by the Company of corporate manslaughter (or other similar or equivalent criminal offence in any jurisdiction in which the Company operates) resulting from a Wrongful Act or Investigation.
i. the Company has obtained the express prior written consent from RSA to the incurring of those Defence Costs (such consent shall not be unreasonably denied, withheld or delayed); and
ii. such Defence Costs shall not include costs relating to any publicity or remedial orders imposed by any court (or similar or equivalent judicial remedial or punitive measure imposed in any jurisdiction in which the Company operates).
Corporate Manslaughter. We will pay for legal costs and expenses incurred with our prior written consent in connection with the defence of any criminal proceedings (including any appeal against conviction arising from any such proceedings) brought in respect of a charge and or investigations connected with a charge of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007 or any equivalent legislation in the Channel Islands or the Isle of Man committed or alleged to have been committed during the period of insurance in the course of the business. The following conditions apply.
a) Our liability under this extension shall not exceed £5,000,000 in any one period of insurance or the limit of indemnity stated in the schedule whichever is the lesser. This limit will form part of and not be in addition to the limit of indemnity stated in the schedule.
b) This extension shall apply only to proceedings brought in the United Kingdom only.
c) We must consent in writing to the appointment of any solicitor or Counsel who are to act for and on your behalf.
d) You shall give us immediate notice of any summons or other process served upon you which may give rise to proceedings under this extension.
Corporate Manslaughter. RSA shall indemnify the Civil Society against that part of any Loss comprising of Defence Costs incurred by the Civil Society, in respect of corporate manslaughter (or other similar or equivalent criminal offence in any jurisdiction in which the Civil Society operates) related criminal proceedings arising from a Wrongful Act or Investigation,
a) the Civil Society has obtained the express prior written consent from RSA to the incurring of those Defence Costs (such consent shall not be unreasonably denied, withheld or delayed); and
b) such Defence Costs shall not include costs relating to any publicity or remedial orders imposed by any court (or similar or equivalent judicial remedial or punitive measure imposed in any jurisdiction in which the Civil Society operates);
Corporate Manslaughter. We will pay for legal costs and expenses incurred with our prior written consent in connection with the defence of any criminal proceedings (including any appeal against conviction arising from any such proceedings) brought in respect of a charge and or investigations connected with a charge of corporate manslaughter or corporate homicide under the Corporate Manslaughter and Corporate Homicide Act 2007 or any equivalent legislation in the Channel Islands or the Isle of Man committed or alleged to have been committed during the period of insurance in the course of the business. The following conditions apply.
a) Our liability under this extension shall not exceed £5,000,000 in any one period of insurance or the limit of indemnity stated in the schedule whichever is the lesser. This limit will form part of and not be in addition to the limit of indemnity stated in the schedule.
b) This extension shall apply only to proceedings brought in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.
c) We must consent in writing to the appointment of any solicitor or counsel who are to act for and on your behalf.
d) You shall give us immediate notice of any summons or other process served upon you which may give rise to proceedings under this extension.
e) In respect of any appeal, Counsel must have advised that there are strong prospects of such an appeal succeeding.
f) We shall be not be liable
i) where you have committed any deliberate or intentional criminal act giving rise to a corporate manslaughter or corporate homicide charge;
ii) in respect of fines or penalties of any kind;
iii) in respect of the defence of any criminal proceedings brought or in an appeal against conviction arising from such proceedings in respect of a breach of
a. the Health and Safety at Work Act 1974 or the Health and Safety at Work Act (Northern Ireland) Order 1978 or any regulations made under them;
b. the Food Safety Act 1990 or any regulations made under them; or
c. the Consumer Protection Act 1987or any regulations made under them; or
iv) where indemnity for defence costs is available from any other source, is provided by any other insurance or where but for the existence of this extension indemnity would have been provided by such other source or insurance.
g) Where we have already indemnified you in respect of legal costs or expenses incurred in the defence of any criminal proceedings arising out of the same cause or occurrence which gave rise to the charge of o...