Australian Trainers Association

Public Liability & Professional Indemnity Insurance

Who is the insurer?

ACE Insurance Limited.

What is the Period of Insurance?

1^st August 2009 at 4.00pm Local Standard Time to 1^st August 2010 at 4.00pm Local Standard Time.

What is the Policy Number?

The policy numbers are:

• 02CL012537 & 02CE015397 (Public Liability)
• 02PI012618 (Professional Indemnity)

Who is covered under this policy?

The Australian Trainers’ Association representing and on behalf of each racehorse trainer, pre-trainer and/or Registered Training Partnership licensed by:

• Racing NSW
• Racing Victoria Limited
• Thoroughbred Racing SA Limited
• Queensland Thoroughbred Racing Board trading as Queensland Racing
• Racing & Wagering Western Australia
• Racing Services Tasmania

and who has paid the applicable annual premium.

What is covered by this policy?

Public Liability insurance covers the Licensed Trainer for their legal liability to pay compensation to third parties for personal injury and/or property damage, which results from the trainer’s conduct of the Business; and

Professional Indemnity insurance covers the Licensed Trainer for their legal liability to pay compensation to third parties for claims made against them for financial loss or damage which result from a breach of professional duty in the conduct of the Business.

What are the Business activities covered by the policy?

For Public Liability protection, refer to the policy for a complete list of insured Business Activities.

For Professional Indemnity protection, this is limited to Licensed thoroughbred racehorse training.

Who will make a claim?

Third parties i.e.: not being the Licensed Trainer, or an employee, and including members of the family who ordinarily reside with the Trainer, will generally make a claim against the Licensed Trainer, seeking compensation for their alleged injury, loss or damage.

What is the level of protection available to me from this policy?

For Public Liability, up to $20,000,000 any one Occurrence, unlimited in the aggregate during any one Period of Insurance, for each individual licensed trainer. Property in the care, custody and control of the individual licensed trainer e.g.: non-owned racehorses, etc is further limited to $5,000,000 for any one Occurrence, and in the aggregate for each individual trainer during any one Period of Insurance.

For Professional Indemnity, up to $250,000 any one Claim and in the aggregate for all claims, for each individual licensed trainer, during any one Period of Insurance.

Where am I covered (Geographic Locations)?

Anywhere in the Commonwealth of Australia, its territories and protectorates, New Zealand, and elsewhere in the world as defined in the policy.

Is there an Excess applicable to any claim made against me?

The policy is excess free for Public Liability claims.

For Professional Indemnity claims, the excess is $2,500 for each and every event.

What are some of the major Exceptions applicable to this Policy?

The policy will not provide cover in certain circumstances.

For example, cover will not apply under Public Liability where the loss, damage or liability:

1. results from the use of a registered motor vehicle, excepting where that vehicle is used for the transportation of racehorses, then loss damage or liability to the racehorses is insured hereunder;
2. is the result of pollution, unless that event is instantaneous, unintended and an unexpected happening;
3. results from war, invasion or civil war;
4. results from an act of terrorism;
5. is, or should be, recoverable under the terms of worker’s compensation.

For example, cover will not apply under the Professional Indemnity where the loss, damage or liability:

1. involves the application of any civil or criminal penalty or fine;
2. is the result of pollution;
3. results from war, invasion or civil war;
4. results from the insolvency, bankruptcy or liquidation of a Licensed Trainer;
5. results from any activity associated with syndication of thoroughbred racehorses;
6. results from any activity associated with breeding of thoroughbred racehorses.

Please refer to the Policy Document for full details of policy terms, conditions and exclusions.