Severability and Non-Imputation Clause Samples
Severability and Non-Imputation. The knowledge, conduct, fault or statements of one Insured Person shall not be imputed to any other Insured Person to determine whether coverage is available for such other Insured Person. The Policyholder shall only be imputed with the knowledge, conduct, fault or statements of its following representatives (or their equivalent in any jurisdiction):
i. Chief Executive Officer or all members of the management board or equivalent body if no Chief Executive Officer has been appointed, and/or
ii. President or Chairman of the Board or other highest supervisory body, and/or
iii. Chief Financial Officer, and/or
iv. Chief General Counsel, and/or
v. Chief Risk or Insurance Manager, and/or vi. Head of any affiliated or in-house insurance broker.
Severability and Non-Imputation. Where the insured is comprised of more than one person or entity and one or more of those persons or entities:
a) failed to comply with the applicable laws and regulations governing duty of disclosure in the territory where this policy was issued; or
b) made a misrepresentation to QBE before this policy was entered into; or
c) failed to comply with a term of this policy; the right of another person or entity to cover under this policy shall not be prejudiced as a result PROVIDED THAT the other person or entity:
(i) was entirely innocent of and had no prior knowledge of the relevant conduct; and
(ii) notifies QBE in writing of all the facts known to the person or entity as soon as is reasonably practicable upon becoming aware of the relevant conduct.
Severability and Non-Imputation. For the sake of determining cover under this Contract:
(a) the written proposal shall be construed to be a separate application for cover by each Insured and no statement or representation in or with respect to the proposal by an Insured shall be imputed to any other Insured;
(b) this Contract shall be construed to be a separate Contract between the Insurer and each Insured and no breach of any term or condition of this Contract or other misconduct by any Insured shall be imputed to any other Insured;
(c) no fact or knowledge possessed by one Insured shall be imputed to any other Insured; Provided always that this condition shall not apply where there was a fraudulent misrepresentation or fraudulent non-compliance with the duty of disclosure, to underwriters, at the time of entering into the Contract.