LHV will not indemnify claims for loss or damage caused by the following circumstances.
Dishonesty, intent and gross negligence
A loss resulting from a circumstance or event of which the insured person was or should have been aware before concluding the insurance contract, caused by the insured person intentionally or due to gross negligence. LHV indemnifies damage caused as a result of gross negligence if, according to the policy, the insurance coverage described in clause Error! Reference source not found. of the terms and conditions applies.
State of intoxication
Damage caused while intoxicated, i.e., under the influence of alcohol, drugs or any other form of intoxication, by the insured person, their employee or contractor or a person for whom the insured person is responsible.
Non- proprietary loss and income forgone
Damage based on non-proprietary damage (i.e. moral damage) and forgone income, with the exception of the reduction or absence of income related to health problem of a third party (the basis for the calculation of the decrease in income is the third party's average income subject to social tax for the last 12 months) and any other damage, which is not material damage as described in clause 8.3 of the terms and conditions.
The following non-contractual obligations
The insurance contract shall not extend to claims, the basis of which is a public promise to pay, presentation of an item, negotiorum gestio or unjust enrichment.
Product and employer´s liability
Damage caused caused by a defect in a product produced, sold or distributed by the insured person (product liability insurance covers claims arising from a product defect) and damage incurred by such a product itself, as well as damage caused by the insured person from an accident at work or occupational disease that befell a person working for (employer's liability insurance covers claims arising from said losses).
Damage caused by the provision of a professional service. Professional services include legal assistance, medical, accounting, supervision and design services and other professional advice, measurement and planning, as well as service that comprises calculation and evaluation. Professional liability insurance covers claims arising from the provision of professional services.
Damage covered by compulsory insurance (including motor third party liability insurance).
Loss indemnified under pension insurance or other social security scheme
Loss incurred personally by the insured person
Claims between insured persons and claims from persons associated with the insured person
LHV does not indemnify claims between the insured persons or the claims between the policyholder and the insured person. Nor does LHV indemnify claims brought against the policyholder or the insured person by a person directly or indirectly owned or managed by the policyholder or the insured person (for example, a subsidiary or affiliated company) or by a legal or contractual representative, family member or other close relative of the policyholder or the insured person, or an entity who owns the policyholder or the insured (for example, the parent company or an individual).
Damage to third-party property in the possession of the insured person
A loss caused by damage to or destruction (including loss, theft, robbery) of third party property (including documents, data carriers) in the possession, use, storage of or being processed, repaired or undergoing maintenance by the insured person. LHV indemnifies damage caused as a result of damage to, destruction and theft (including in a robbery) of third-party property in the possession of the insured person if, according to the policy, the insurance coverage described in clause Error! Reference source not found. of the terms and conditions applies.
A loss resulting from the insured person's failure to provide service or from improper performance, or insufficient quality of the service (for example, expenses for redoing, repairing, or replacing work performed improperly).
Damage that does not result from an insured activity specified in the policy.
Public sanctions (e.g. monetary penalty, fine, penalty payment, imprisonment) and private sanctions (e.g. earnest money , late payment, liquidated damages, guarantee, interest.
Liability arising from contract
Claims based on breach of contractual obligations and related liability, unless, according to the policy, the insurance coverage described in clause Error! Reference source not found. of the terms and conditions is applicable.
Damage caused by the infringement of personal rights, disclosure or making available of any confidential information.
A loss arising from infringement of intellectual property rights. Intellectual property rights are copyright and rights attendant on copyright and industrial property (e.g., trademark, patent, industrial design).
A loss caused by the absence or insufficiency of permits, qualifications or licences required for the insured person's activities.
A loss caused by construction, repair, renovation, demolition, adjustment or conversion work. The insurance contract applies to the abovementioned works only to the extent of operations performed for the purpose of daily maintenance at the insurance location.
Water, gas, heat or electricity supply disruptions, interruptions or shortages
Hardware, software and processors
Damage directly or indirectly related to any computer or server hardware, software or processors.
Pollution and contamination
Damage resulting from regular contamination and pollution of the environment (including claims arising from the Environmental Liability Directive and legislation).In relation to environmental damage, the insurance contract extends only to damage caused by an sudden and unforeseen event, and the time between the pollution introduced into the environment and its discovery must not exceed 72 hours. LHV only indemnifies direct material damage and the cost of removing environmental pollution. LHV does not indemnify personal injuries caused by environmental damage.
Long-term deleterious effect
A loss caused by long-term factors such as wear and tear, mould, mildew, wastewater, decay, corrosion, moisture, dust, noise and light (excluding damage caused by an sudden and unforeseen event such as fire).
Precipitation and melt water
Recurring damage caused by precipitation or water from melting ice or snow entering the building through any of its structures. The insurance contract is valid in case of the first insured event at the insurance location (this means that said loss has not occurred before to the bets of existing knowledge).
Subsidence and movement of soil
Damage caused by ground subsidence or movement, including earthquake, landslide, erosion or vibration.
Force majeure is a circumstance beyond the control of the insured person. Among other things, the insurance contract does not apply to losses caused by a natural disaster (a natural phenomenon of an extraordinary nature), war or war-like activity, coup d'état, uprising, terrorism, revolution, state of emergency, civil unrest, act of a foreign enemy, strike, crime (including computer crimes and cybercrime), expropriation, confiscation of assets , nationalization and any other similar event.
Explosives and weapons handling
Damage caused by any explosive (including blasting), explosive product, pyrotechnic product or weapons (including firearms, chemical and biological weapons and electromagnetic weapons).
Other risk factors in regard to the environment and health
Damage caused by asbestos, tobacco or tobacco products, toxic mould, drugs, any infections and communicable diseases (including AIDS, HIV and hepatitis), dioxin, genetically modified substance or organism, animal disease agents, pesticides, radioactive radiation, nuclear energy, magnetic, electric or electromagnetic field.
LHV does not indemnify claims relating to:
management of landfills or waste treatment centres;
non located on land, i.e., offshore and water construction objects works;
blasting and ramming works, underground and underwater works;
owning, operating, managing or using a port, wharf, aircraft, watercraft, airfield, railway or railway rolling stock;
constructing, repair and maintenance of aircraft and watercraft;
damage to aircraft and watercraft;
work in the airport territory and air traffic control centre;
operating and management of an aquatic centre, ski resort or amusement park.