Your motor trade road risks policy

Transcription

1 Your motor trade road risks policy 1 PolicyPlan Motor Trade Insurance

2 Contents The Fourth EU Directive and your responsibilities 3 About this policy 4 Contract of insurance 5 Section 1 - Damage to the insured vehicle 6 Section 2 - Damage to the insured vehicle by fire or theft 6 Sections 1 and 2 - Exclusions, conditions and limitations 6 Section 3 - Liability to third parties 8 Section 3 - Exclusions, conditions and limitations 8 Section 4 - Trailers and towage 9 Section 4 - Exclusions, conditions and limitations 9 Section 5 - Territorial limits, foreign travel and transit 9 Section 6 - Demonstration use 9 General terms and conditions 10 General exclusions, conditions and limitations 11 Further information 12 Complaints 13 Claims and your duties 14 General definitions and interpretation 15

3 The Fourth EU Motor Directive and your responsibilities In the UK the government established the Motor Insurance Database (MID) and the Motor Insurers Information Centre (MIIC) to run and maintain a register of all vehicles insured and the identity of the relevant insurer. The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensatory) Regulations 2003 make it a legal requirement for fleet and motor trade policyholders to supply accurate and timely updates to the MID or face fines of up to 5,000. Additionally, failure to supply accurate and timely information to the MID can affect your policy cover as follows: Supplying updates to the MID As a Staveley Head Motor Trade Insurance policyholder, you can register for access to EasyMID, our online MID update portal. The portal will allow you to maintain your vehicle records quickly and easily. We constantly monitor MID update activity and regularly ask for written evidence of trading. If we are not satisfied that you are operating a genuine, income-generating motor trade business, we reserve the right to cancel the policy by giving 7 days notice in writing to your last known address. Vehicles owned by or registered to you or your business Any vehicle that is owned by you or registered to you or your business must be declared to the MID. Until such time as the vehicle is declared, Sections 1 and 2 of this policy will be inoperative. Vehicles held for sale Any vehicle that is held in stock for sale, regardless of whether it is held for 14 days or more, must be declared to MID. Until such time as the vehicle declared to the MID, Sections 1 and 2 of this policy will be inoperative. Customers vehicles held for the purpose of upkeep, servicing or repair Any vehicle that is held in your custody or control for the purpose of upkeep, servicing or repair does not need to be declared to the MID provided that the vehicle is not held for more than 14 consecutive days. However, it is a legal requirement that full records of all vehicles held in your custody or control for less than 14 days are kept and maintained for a period of 7 years. We reserve the right to inspect these records at any time. Trade plates Details of all trade plates must be supplied to the MID. 3 PolicyPlan Motor Trade Insurance

4 About this policy This policy forms part of your legal contract with us. In this booklet, we also define exactly what you are covered for. But first, here s what to do if you need us. Getting in touch If you have an accident or need to make a claim, we re here to support you. Just call our claims helpline for assistance on +44 (0) hours a day. Making a claim When you call the claims helpline, we will record the details of your incident. We ll also be able to confirm: whether your policy covers you for the incident any excess that you ll have to pay the steps involved in making your claim, which we ll manage on your behalf. Reporting an accident Again, just call the claims helpline. It s imperative that all incidents are reported to us immediately, or at the earliest possible opportunity. This helps us to act quickly and control the cost of claims as efficiently as possible. Details to have to hand When calling the claims helpline, please have your policy number to hand if you can. This number is written on your policy schedule. This helps us to find your policy records quickly and deal with your call as efficiently as possible. If you re unable to locate your policy number don t let this delay your reporting of the incident. Telephone call recording For our joint protection, telephone calls may be recorded and/ or monitored. 4 PolicyPlan Motor Trade Insurance

5 Contract of insurance This policy, the information you have provided and the schedule, form the contract of insurance between you, the policyholder and us, the insurer. The insurance is arranged and administered by: PolicyPlan (a trading style of Staveley Head Limited) Staveley House Church Street Connah s Quay CH5 4AS Staveley Head Limited is authorised and regulated by the Financial Conduct Authority (Registration No ). and underwritten by: Enterprise Insurance Company plc R22-R24 Ragged Wharf Queensway Quay Gibraltar Enterprise Insurance Company plc is licensed and regulated by the Financial Services Commission, Gibraltar, and authorised to provide insurance in the United Kingdom by the Financial Authority (Registration No ). In return for your premium, we will provide the cover shown in the schedule for accident, injury, loss or damage that happens within the territorial limits during the period of insurance. Choice of law The law of England and Wales will apply to this contract unless you and the insurer agree otherwise. Cancellation The insurer may cancel this insurance by sending seven days notice by Certified Posting or Recorded Delivery to the policyholder s last known address. The policyholder may cancel this insurance at any time upon surrender of this policy document and the Certificate of Insurance. The charge for the expired period of insurance will be calculated from the date the insurer receives the Certificate of Insurance in accordance with the following scale: Period of cover not exceeding: 1 month 80% 2 months 70% 3 months 60% 4 months 50% 5 months 40% 6 months 30% Percentage of annual premium returned: 7 months 20% Over 7 months Nil If at any time during the current period of insurance a claim is made or an incident occurs which may give rise to a claim, no refund of premium will be made upon cancellation of this insurance. Use of language Unless otherwise agreed, the contractual terms and conditions and other information relating to this contract will be in English. Changes we need to know about Please tell us or your insurance adviser immediately you become aware of any changes to your circumstances which may affect this insurance or any other material facts e.g. a change to the persons to be insured, motoring convictions of any persons to be insured, a change of vehicle or a change of use of the vehicle. 5 PolicyPlan Motor Trade Insurance

6 Section 1 Damage to the insured vehicle If the insured vehicle is damaged the insurer will at their discretion, repair or replace the insured vehicle or make a cash settlement. The most the insurer will pay under this section is: 1. the trade market value of the vehicle immediately before the loss; 2. the purchase price of the insured vehicle; or 3. the vehicle indemnity limit shown in the schedule whichever is the lowest amount. The insurer s maximum liability for all vehicles kept at the policyholder s private address is shown in the schedule. Section 2 Damage to or loss of the insured vehicle by fire or theft In the event of damage to or loss of the insured vehicle and/or its accessories by fire or theft or attempted theft the insurers will at their discretion repair or replace the insured vehicle or make a cash settlement. The most the insurer will pay under this section is: 1. the trade market value of the vehicle immediately before the loss; 2. the purchase price of the insured vehicle; or 3. the vehicle indemnity limit shown in the schedule whichever is the lowest amount. The insurer s maximum liability for all vehicles kept at the policyholder s private address is shown in the schedule. Sections 1 and 2 Exclusions, conditions and limitations Obsolete or unobtainable parts the insurer shall not be liable to pay a greater sum in relation to the replacement of any part or accessory which is obsolete, unobtainable, lost or damaged, than the manufacturer s last list price of such part or accessory. Other exclusions The insurer shall not be liable: 1. for damage to property resulting from any work undertaken by the policyholder 2. in respect of loss or damage to accessories or spare parts of the insured vehicle by theft or attempted theft unless the vehicle itself is stolen or damaged at the same time 3. in respect of loss of use and/or depreciation or due to any delay where new parts or accessories have to be obtained. Should any part or accessory be unprocurable the liability of the insurer shall be limited to the manufacturer s last list or published price for such part or accessory 4. for wear and tear, mechanical, electrical, electronic or computer breakdowns or failures 5. for damage to tyres by application of brakes or by punctures, cuts or bursts 6. for any reduction of the market value of the insured vehicle as a result of repairs 7. any loss of, destruction of or damage to tools (other than those supplied by the manufacturer as standard) 8. any loss suffered by the policyholder due to any person obtaining any property by deception, fraud or trickery 9. Damage by frost unless the policyholder has: added to the water in the water system, anti-freeze solution and has maintained the solution in such proportion; or when the insured vehicle is not in use, completely drained the water from the radiator, the cylinder block and the entire circulatory water system by all plugs or taps provided 10. for any loss or destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds 11. damage caused by the fixture of any faulty part or accessory or by defective workmanship or by work being undertaken on the insured vehicle by the policyholder or by any person employed by him/her or acting on his/her behalf 12. for any fixtures and fittings of a motorised caravan unless such fixtures and fittings were supplied by the manufacturer when new 13. in respect of loss of the insured vehicle by deception by a purported purchaser or his/her agent or loss of proceeds of sale 14. Loss or damage occasioned by theft or attempted theft or any malicious act expedited by or in any way brought about by the policyholder, any employee, partner, director or any member of their families 15. Loss of or damage to the insured vehicle whilst in the process of being repossessed by the policyholder 6 PolicyPlan Motor Trade Insurance

7 Sections 1 and 2 Exclusions, conditions and limitations Continued 17 for any amount exceeding the sum stated in the schedule in respect of any one claim or number of claims arising during or in consequence of an act of terrorism 18 for any loss or damage to any vehicle in or on business premises 19 loss of or damage to any insured vehicle resulting from the theft or attempted theft when the ignition key(s) have been left in or on the insured vehicle or if all doors, windows and/or other openings have not been closed and locked 20 Loss or damage by fire, theft or accidental damage to any vehicle of American/Canadian manufacture, any kit-built vehicle, any vehicle that has been customised, modified to enhance performance or supercharged, vintage or classic vehicles (pre-1980), left hand drive vehicles, imported or Q-plated vehicles, motorcycles or mopeds, trailers 21 Quadbikes, trikes, steam-driven vehicles, mobile plant, agricultural machinery, trailers whilst attached to a purposebuilt recovery vehicle, trailers designed to carry more than 2 vehicles, caravans, trailers of a non-standard or proprietary manufacture 22 for any amount exceeding the sum stated in the schedule in respect of any one claim or number of claims arising during or in consequence of an act of terrorism 23 for any loss or damage to any vehicle in or on business premises 24 Any loss or damage to stereos or any other sound reproduction equipment, mobile telephones, citizens band radio and any other personal effects. 25 Damage caused by the fixture of any faulty part or accessory or by defective workmanship or by work being undertaken on the insured vehicle by the policyholder or by any person acting on his/her behalf 26 Loss or damage to any insured vehicle whilst in the process of being repossessed by the policyholder 7 PolicyPlan Motor Trade Insurance

8 Section 3 Liability to third parties Where the Certificate of Insurance permits, the insurer will indemnify the following persons against liability at law for damages and claimants costs and expenses in respect of death of or bodily injury to any person and damage to property caused by or through or in connection with the insured vehicle including the loading or unloading of any commercial vehicle covered by this insurance: 1. the policyholder 2. any person driving the insured vehicle with the permission of the policyholder 3. any person driving a private car not belonging to the policyholder or the said person or hired to the policyholder or the said person under a hire purchase agreement for motor trade purposes only 4. any passenger in the insured vehicle or mounting into or alighting from the insured vehicle who is not driving nor in charge for the purpose of driving 5. in the event of the death of any person entitled to indemnity under this section, his/her personal representatives in the terms of this insurance and subject to the exclusions, conditions and limitations which applied to this person Any persons indemnified shall as though they were the policyholder, observe, fufil and be subject to the terms, exclusions, conditions and limitations of this insurance insofar as they can apply and shall in no respect be in a better position than the policyholder. Legal defence In dealing with or defending any claim under this section, the insurer may at their option arrange and pay for: 1. Solicitors fees for representation at any Coroner s Inquest or Inquiry or defence of proceedings at any Court of Summary Jurisdiction 2. legal services to defend any person in the event of proceedings being undertaken for manslaughter, or causing death by reckless or dangerous driving 3. any other legal costs and expenses agreed by the insurers in writing the insurer will only pay legal costs if they relate to an incident which is covered under this section. Damage to third party property The insurer will indemnify the policyholder for any amount not exceeding the sum stated in the schedule for damage to property in respect of any one claim or number of claims arising out of one cause in connection with the insured vehicle. Exclusions, conditions and limitations under section 3 The insurer shall not be liable: 1. in respect of death of or bodily injury to any person arising out of and in the course of such person s employment by the policyholder or by any other person claiming to be indemnified under this section other than to meet the requirements of the Road Traffic Act 2. for damage or injury to any property or animals belonging to or held in trust by or in the custody or control of the policyholder or any person claiming to be indemnified under this section 3. to indemnify any person referred to in the first pargraph of this section (including the policyholder) in respect of any claim for which they are entitled to indemnity under any other insurance 4. for any accident, injury, loss and/or damage arising from the use of any item of plant or plant forming part of the insured vehicle whilst such plant is being used as a tool of trade other than to meet the requirements of the Road Traffic Act 5. for loss or damage by pollution or contamination however caused other than to meet the requirements of the Road Traffic Act. For the purposes of this exclusion, pollution or contamination shall be deemed to mean: all pollution or contamination of buildings or other structures or of water or land or the atmosphere all death, bodily injury, illness, loss or damage directly or indirectly caused by such pollution or contamination 6. for any accident, injury, loss or damage or any liability of whatsoever nature other than to meet the requirements of the Road Traffic Act directly or indirectly caused by or contributed to or arising from the insured vehicle whilst in or on that part of any aerodrome, airfield, airstrip, airport or miltary installation provided for: the take-off or landing of aircraft and aerial devices or for the movement of aircraft and aerial devices on the ground aircraft parking including any associated service roads, refuelling areas, ground equipment parking areas, aprons, maintenance areasa and hangars 7. other than to meet the requirements of the Road Traffic Act, in respect of death, injury or damage caused or arising: beyond the limits of any carriageway or thoroughfare in connection with the loading or unloading of the insured vehicle in connection with the loading or unloading of the insured vehicle by any person other than the driver or the attendant of the insured vehicle 8. for any claim arising during or in consequence of an act of terrorism other than to meet the requirements of the Road Traffic Act 9. for any claim arising from the death of or bodily injury to the driver of the insured vehicle 10. for any claim where the insured vehicle is in or on the business premises 8 PolicyPlan Motor Trade Insurance

9 Section 4 Trailers and towage The insurer will indemnify the policyholder in the terms of section 3 of this insurance in respect of liability arising in connection with any trailer, trailer-caravan or any disabled mechanically-propelled vehicle whilst attached to the insured vehicle Exclusions, conditions and limitations under section 4 The insurer shall not be liable: 1. whilst the insured vehicle is towing a greater number of trailers than is permitted by law 2. in respect of loss or damage to the towed vehicle or trailer (unless specified in 2 above) to the property being conveyed thereon Section 5 Territorial limits, foreign travel and transit This insurance applies in respect of events occurring in: 1. Great Britain, Northern Ireland, the Isle of man and the Channel Islands 2. any other member country of the European Union 3. any other country in respect of which the Commission of the European Union is satisfied that arrangements have been made to meet the requirements of any European Union Directive on insurance of civil liabilities arising from the use of motor vehicles, but only so far as is necessary to comply with the compulsory motor insurance legislation of such countries. Section 6 Demonstration use Cover is operative while the insured vehicle is being driven by any person with the permission of the policyholder for demonstration purposes, provided such person: 1. is accompanied by the policyholder or any person named in the schedule as persons or classes of persons entitled to drive as defined in the Certificate of Insurance 2. is not entitled to indemnity under any other insurance 3. shall, as though he or she was the policyholder, observe, fufil and be subject to the terms, exclusions and conditions of this insurance insofar as they can apply 4. holds a licence to drive such vehicle 9 PolicyPlan Motor Trade Insurance

10 General conditions 1 Arbitration Where the insurer has accepted a claim but there is a disagreement over the amount payable to the policyholder, the matter will be passed to an arbitrator appointed under current statutory provisions. When this happens an award must be made by the arbitrator before legal proceedings can be started against the insurer. 2 Compliance with the terms of this document The insurer will not indemnify the policyholder unless the policyholder has complied fully with the terms, provisions, conditions and endorsements of this insurance. The indemnity provided under this insurance is subject to receipt by the insurer of a truthfully and fully completed proposal and declaration, or statement of fact to their satisfaction. Where a proposal or statement of fact in respect of this insurance is submitted after the inception of this insurance, the insurer reserves the right to withdraw cover and cancel this insurance or amend the terms and conditions of this insurance, including the premium, after inception, based upon the information provided in such proposal or statement of fact. 3 Contracts (Rights of Third Parties) Act 1999 This document is a contract solely with the policyholder and is not assignable in any case whatsoever. A person who is not party to this insurance has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this insurance but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 7 Repairs to the insured vehicle If the damage to the insured vehicle is covered by this insurance the policyholder may authorise the repair of the insured vehicle provided that the insurer has been notified of the incident giving rise to the damage and of the extent of the damage to the insured vehicle. The policyholder may, upon their own authority, arrange for the removal of the insured vehicle to the nearest competent repairer. The insurer will pay the reasonable costs of : a b safeguarding and removing the vehicle to the nearest competent repairer returning it, if repairable, to the policyholder s address in the United Kingdom Before the insurer authorises the repairs the policyholder must: a b tell the insurer in writing and provide details of the damage and the circumstances in which it arose send two detailed estimates for repair to the insurer 10 Right of recovery Nothing in this document shall affect the right of the insurer to maintain an action for recovery of sums paid under the provisions of any enactment of any territory in which this insurance operates relating to the insurance of liabilities to third parties and which the insurer would not have been liable to pay but for the provisions of such enactment. 4 Motor Insurance Database The policyholder shall supply details of all vehicles whose use is covered by this insurance as is required by the relevant law applicable in the United Kingdom for entry on the Motor Insurance Database. Failure to do so may result in the policyholder being reported to the Motor Insurers Information Centre for non-compliance with the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations Other insurances This insurance does not cover any liability, loss or damage if at the time of the happening of the said liability, loss or damage there is another insurance in force covering the same liability, loss or damage whether effected by the policyholder or not. 6 Reasonable precautions The insurer shall not be liable if the policyholder fails to take all reasonable precautions to safeguard the insured vehicle from loss or damage and maintain it in a substantial and thoroughly sound, safe and efficient condition. The insurers shall have at all times free access to examine the said vehicle or vehicles by their authorised representative. 10 PolicyPlan Motor Trade Insurance

11 Limitations and exclusions - all insured sections This insurance does not cover: 1 Contractual liability Any liability accepted by agreement which would not have attached in the absence of such agreement. 2 Fraudulent claim Any claim if such claim is in any respect fraudulent. If any frauduletn means or devices are used by the policyholder or any person claiming to be indemnified by this insurance or any person acting on the policyholder s behalf all benefits under this insurance will be forfeited. 3 Radioactive contamination Any loss, damage expense or legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: 1. ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 2. the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. 4 Riot and civil commotion Any claim arising during or in consequence of not and/or civil commotion occurring anywhere other than in Great Britain, the Isle of Man and the Channel Islands. This exclusion will not apply if the policyholder can prove that the claim was not caused by such events. 5 Use and driving Any liability or loss or damage incurred whilst the insured vehicle is: 1. being used for any purpose not permitted by the Certificate of Insurance or any endorsement attaching to and forming part of this document. 2. being driven by any person not permitted by the Certificate of Insurance or any endorsement attaching to and forming part of this document. 3. being driven by or for the purpose of being driven is in the charge of any person who has never held a driving licence or who is disqualified from holding or obtaining such a licence. 6 War Any claim occasioned by or arising from war, invasion, hostilities (whether war be declared or not), acts of foreign enemy, civil war, revolution, rebellion, insurrection, military or usurped power or confiscation or requisition or destruction of or damage to property by order of any government or public authority, except so far as is necessary to meet the requirements of the Road Traffic Act. 7 Defective workmanship Any claim arising directly or indirectly as a result of defective workmanship. 8 Young driver excesses The insurer shall not be liable for the first amount of any claim when the insured vehicle is being driven by drivers: Aged under 21 years of age 750 Aged years of age 500 Provisional licence holders 500 These amounts are in addition to the standard policy excess shown on the policy schedule. 9 Any accident, injury, loss, damage or liability occurring whilst the insured vehicle is being: 1. Used otherwise than in accordance with the Limitations as to Use specified in the Certificate of Insurance 2. driven by or is in the charge of any person who is not named on the Certificate of Insurance under Section 5 Persons Entitled to Drive 3. Driven by any person who does not hold a licence to drive such a vehicle 4. Driven by any person being the holder of a provisional driving licence 10 Any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from: 1. ionising, radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel 2. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 11 War Any consequence of war, invasion, act of foreign enemy hostilities (whether war be declared or not), act of terrorism, civil war, rebellion, revolution, insurrection or military or usurped power. 12 Drink/drugs Loss, damage or liability while the insured vehicle is being driven by, or is in the charge of the person(s) named in in Section 5 of the Certificate of Motor Insurance if it is proven to the satisfaction of the insurer that the driver was under the influence of drink or drugs at the material time. 13 Hire vehicles Any hire vehicle offered to the policyholder for the period of repair by any third party insurer, accident management company or other such organisation. 14 Other insurance Any loss or damage which at the time of the occurrence is insured by or would be but for the existence of this insurance, insured by any other existing insurance except in respect of any excess beyond the amount which would have been payable under such other insurance had this insurance not been effected. 11 PolicyPlan Motor Trade Insurance

12 Further information The information that you have provided to us forms the basis of your insurance contract. It is important that you advise us of all material information, and immediately of any change in the information. Please note if you are in any doubt whether or not any information is material, it should be disclosed. Under the Road Traffic Act, it is an offence to make any false statements or withhold any material information in order to obtain a cover note or a Certificate of Insurance. Data Protection Act 1998 The insurer records and holds data in accordance with the Data Protection Act 1998 and follows strict security procedures in the storage and disclosure of information provided to prevent unauthorised access or loss of such information. The insurer may find it necessary to pass data to other firms or businesses that supply products and services associated with this policy. Further, by accessing and updating various databases the insurer may share information with other firms and public bodies, including the police, in order to substantiate information and prevent or detect fraud. If false or inaccurate information is provided and fraud is suspected this fact will be recorded and the information will be available to other organisations that have access to the databases. Details of databases accessed or contributed to are available on request obtained through application to the appointed Data Controller. Claims and Underwriting Exchange Register Insurance companies pass information to the Claims and Underwriting Exchange Register run by Insurance Database Services Limited, and the Motor Insurance Anti-Fraud and Theft Register run by the Association of British Insurers. The aim is to help us check information provided, and also to prevent fraudulent claims. When we deal with your request for insurance we may search these registers. Under the conditions of this insurance, you must tell us about any incident (such as an accident or theft) whether or not it gives rise rise to a claim. When you tell us about an incident, we will pass information relating to it to the registers. Motor Insurance Database Information relating to your insurance policy will be added to the Motor Insurance Database (MID), managed by the Motor Insurers Bureau (MIB). MID and the data stored on it may be used by certain statutory and/or authorised bodies including the police, the DVLA, the DVANI, the Insurance Fraud Bureau and other bodies permitted by law for the purposes not limited to but including: 1. Electronic Licensing 2. Continuous Insurance Enforcement 3. Law enforcement (prevention, detection, apprehension and/or prosecution of offenders) 4. the provision of government services and/or other services aimed at reducing the level and incidence of uninsured driving If you are involved in a road traffic accident (either in the UK, the EEA or certain other territories), insurers and/or the MIB may search the MID to obtain relevant information. Persons (including his or her appointed representatives) pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain relevant information which is held on the MID. It is vital that the MID holds your current registration number(s). If it/they is/are incorrectly shown on the MID you are at risk of having your vehicle seized by the police. You can check that your correct registration number details are shown on the MID at 12 PolicyPlan Motor Trade Insurance

13 Complaints procedure We take all complaints seriously and endeavour to resolve all customers problems promptly. If you have a question or complaint about this insurance or the conduct of your intermediary please contact your intermediary in the first instance. If you wish to contact us directly then for all insured sections please contact: The Managing Director PolicyPlan Staveley House Church Street Connah s Quay CH5 4AS Tel: +44 (0) Fax: +44 (0) Web: Please quote your policy number or claim number as appropriate in any correspondence. If, after making a complaint, you feel that the matter has not been resolved to your satisfaction then if you are an eligible complainant you may contact: The Financial Ombudsman Service South Quay Plaza Marsh Wall Docklands London E14 9SR Tel: consumer helpline: Fax: complaint.info@financial-ombudsman.org.uk About the Financial Ombudsman Service (FOS) Eligible complainants are a private policyholder, a commercial policyholder or charity with a turnover under GBP1m, or a trust with assets under GBP1m. The FOS will only consider a complaint if you are an eligible complainant and if: we have been given an opportunity to resolve it; and we have sent you a final response letter and you have referred your complaint to the FOS within six (6) months of our final response letter; or we have not responded to your complaint with a decision within forty (40) days. Financial Services Compensation Scheme The Company Market and Lloyd s underwriters are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the Scheme if the insurer is unable to meet its obligations under this contract. Entitlement to compensation under the Scheme depends on the type of business and circumstances of the claim. Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme 7th floor, Lloyds Chambers, Portsoken Street, London E1 8BN or from their website (www. fscs.org.uk). Making a complaint to the Financial Ombudsman Service (FOS) does not affect your rights under this policy, but if you are not an eligible complainant then the informal complaint process ceases. A summary of our complaint handling procedure is available on request and will also be provided to you when acknowledging a complaint. 13 PolicyPlan Motor Trade Insurance

14 Your duties in the event of a claim or an incident which may give rise to a claim If you need to make a claim, or need to report an incident which may give rise to a claim under any section of this policy, call the 24 hour claim helpline immediately. For glass claims: +44 (0) For all other claims/incidents: +44 (0) Claim notification The policyholder must notify the insurer as soon as reasonably possible of any incident which may result in a claim under this insurance. The policyholder must forward every claim form, writ, summons, legal process or other communication in connection with any such incident to the insurer immediately upon receipt. In the event of the insured vehicle being lost or damaged beyond economical repair: a) there shall be submitted to the insurer the current Vehicle Registration Certificate (V5C), Ministry of Transport Test Certificate (MOT), vehicle purchase receipt, any other documents required by them and all keys to the insured vehicle b) for single vehicle policies, there shall be returned to the insurer this policy and certificates of motor insurance for cancellation but there shall be no return of premium c) the insured vehicle will become the property of the insurer for disposal in accordance with the Motor Conference Code of Practice for the Disposal of Motor Vehicle Salvage, or legislation, or any other regulation applying at the time of such loss. The insurer will handle, oversee and shall have full discretion in the conduct of any claim and shall be permitted to take over and deal with the defence or settlement of any claim in respect of any liability covered by this insurance in the name of the person against whom the claim is brought. The insurer shall be permitted to take proceedings at their own cost to recover the amount of any payment made under this insurance in the name of the policyholder to whom payment has been made and the insurer shall be given their full cooperation in relation thereto. The policyholder must advise immediately of the time and place of any impending prosecution or inquest or fatal inquiry. The police shall be notified as soon as reasonably possible of loss or damage caused by theft or attempted theft or criminal damage. Claim Procedure The policyholder must give all information and assistance the insurer or the police may require in connection with any such incident or claim in respect thereof. No admission of liability or offer or promise of payment shall be made without the insurer s written consent. In the event of damage to the insured vehicle which is covered by this insurance, the insurer or their appointed representative shall be contacted immediately and prior approval obtained in respect of any repairs to be undertaken. 14 PolicyPlan Motor Trade Insurance

15 General definitions and interpretation The following words will have the same meaning attached each time they appear in this policy. Where the context so admits or requires, words importing the singular will include the plural and vice versa and words importing the masculine will import the feminine and the neuter. References to a person will be construed so as to include any individual, company, partnership, or any other legal entity. References to a statute will be construed to include all its amendments or replacements. All headings within the policy are included for convenience only and will not form part of this policy. Accessory means audio equipment, safety equipment and manufacturers tool kits which are part of the insured vehicle s original equipment and permanently fitted in accordance with the vehicle manufacturer s specification. Mobile phones which operate independently through their own battery pack are not accessories within this definition. Audio equipment means any audio and/or visual reproduction equipment including satellite navigation aids, traffic alert systems which forms part of the insured vehicle s original specification and is permanently fitted in accordance with the vehicle manufacturer s specification. The term audio equipment does not include portable equipment such as mobile telephones, walkmans, personal computers, gaming consoles, televisions or any similar equipment. Business premises means any house, building structure or land owned, used or occupied by the policyholder for upkeep, service, repair, sale or display of any motor vehicle. The policyholder s permanent home address will not be deemed business premises. Certificate of Insurance means the evidence in writing of the existence of motor insurance as required by law which is provided to the policyholder in connection with this policy document and which forms part of this policy document. Any reference in such Certificate of Insurance to the policy shall mean the insurance provided under this policy document. Commercial vehicle means: a any motor vehicle (including its trailer whilst attached) designed to be used for the carriage of goods b any minibus with more than eight (but not more than sixteen) passenger seats c any bus or coach which is designed to and authorised to carry more than sixteen passengers d items of plant/special types 15 PolicyPlan Motor Trade Insurance Endorsement means a change in or an addition to the terms of this insurance, which may override or supplement terms, conditions extensions or limitations of the policy document by being noted on the schedule or attached as a supplementary document. Excess means the amount of any claim for which the policyholder retains liability and which is not covered by this insurance. Green card means a document (sometimes referred to as an International Motor Certificate) which is accepted without any obstacle or cost by the authorities of all countries for which the individual green card is valid as evidence that the visiting motorist has at least the minimum compulsory third party insurance cover required by the laws of those countries visited. Insured means the party shown as the policyholder or insured in any Certificate of Insurance or schedule applying to this insurance. Insured vehicle means any motor vehicle as described in the Certificate of Insurance bearing the number of this policy document and for the purpose of Section 4 an attached trailer if applicable. Insurers means Enterprise Insurance Company plc. Item of plant/special types means any self-powered vehicle constructed to operate primarily as a tool of trade and not designed primarily for the carriage of goods or passengers and includes but is not limited to forklift trucks, mobile cranes, cherry pickers and the like. Payment in connection with a total loss means: a a payment made by the insurer in full and final settlement of any claim under Sections 1 or 2 of this insurance where the insurers regard the repair of the insured vehicle to be uneconomical; or b where the insured vehicle is stolen and not recovered, a payment made by the insurer in full and final settlement of the claim under Section 2 based on the current trade/replacement value of the insured vehicle; where as a result of such payment, the insurer will retain the damaged or recovered vehicle. Policy document means this document together with the schedule. Private car means any private passenger-carrying motor vehicle designed to carry up to six passengers.

16 Road Traffic Act means any Act, Law or Regulation which governs the driving, use or ownership of any motor vehicle in Great Britain, Northern Ireland, the Isle of Man and the Channel Islands. Schedule means the document which contains details of the policyholder, the premium paid and the cover applicable. It will also show any variations in the terms of the insurance and it may be replaced by an amended schedule when there is a change in any detail of this insurance. Terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes, including the intention to influence any government and/or to put the public, or any section of the public, in fear. Trade market value means the cost to replace the insured vehicle which is the price the policyholder would pay at that time to buy one replacement vehicle with the intention of selling it for profit at a later date. the vehicle must be of similar make, model, year, mileage and condition. Trailer means any implement or machine which is specifically constructed to be towed by a motor vehicle. Subject to prior agreement with the insurer, semi-trailers forming part of articulated vehicles or drawbar trailers are not deemed to be trailers and form part of an insured vehicle. United Kingdom means England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands. 16 PolicyPlan Motor Trade Insurance

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