Travellers Car Insurance

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1 Travellers Car Insurance Third Party Property Damage Only Motor Vehicle Liability Cover Non Renewable Policy Combined Product Disclosure Statement (PDS) (including Policy Wording) and Financial Services Guide (FSG) This Combined PDS & FSG is dated 1 st July 2012 Issued by Savannah Insurance Agency Pty Ltd (ABN ), (Australian Financial Services Licence No ) (Savannah), acting under a binding authority arrangement which gives Savannah the authority to act as an Agent of Certain Underwriters at Lloyds SIA-CMV-TAB v1

2 INTRODUCTION Welcome to the Savannah Commercial Motor Vehicle Product for Travellers Car Insurance customers. At Savannah Commercial Motor (SCM) We believe that when You purchase Our product a partnership is created whereby it becomes Our role to support the continuation of Your business via the terms and conditions provided by Our Policy. SCM are Commercial Motor Underwriting specialists who understand the industry and are willing to share their knowledge and experience with You to meet Your special insurance requirements. At Savannah We will strive to provide Commercial Motor Insurance Solutions for all Our customers. SIA-CMV-TAB v1

3 Part 1 IMPORTANT INFORMATION INDEX Part 1 - IMPORTANT INFORMATION... 3 This Product Disclosure Statement (PDS)... 3 In this PDS... 3 About Savannah Insurance Agency Pty Ltd... 4 About the insurer... 4 Significant Issues... 4 Your individual requirements... 5 Insurance contracts wordings... 5 Our contract with You... 5 Type of cover... 6 Additional Benefits of Cover... 6 Policy wording... 6 This product may not match Your expectations... 8 Your duty of disclosure what You must tell Us... 9 Making a claim... 9 Cooling-off period... 9 Cancellation Dispute resolution Privacy Code of practice Part 2 THIRD PARTY PROPERTY DAMAGE MOTOR INSURANCE POLICY WORDING Important information Our agreement with You Your Policy Paying Your premium How Goods and Services Tax (GST) affects any payments We make Policy definitions SECTION 1 - Third Party Liability - Cover for registered Vehicles only Third Party Property damage Dangerous goods Pollution Legal costs How much We will pay SECTION 2 - Additional Benefits Additional benefits applicable to all sections SECTION 3 - Excesses Basic Excess SECTION 4 - Exclusions - When You Are Not Covered Part A War Terrorism or Radioactivity Part B Exclusions SECTION 5 - Claim Procedures Claims procedures What You must NOT do after an accident What We do when We act on Your behalf What can affect a claim Claim lodgement SECTION 6 General Conditions Vehicle alterations Change of risk Cross liability Reasonable care SIA-CMV-TAB v1. 1

4 Part 1 IMPORTANT INFORMATION Other insurance Cancellation Proper law and jurisdiction Currency and rates of exchange Preventing Our right of recovery Part 3 - FINANCIAL SERVICES GUIDE (FSG) SIA-CMV-TAB v1. 2

5 Part 1 IMPORTANT INFORMATION Part 1 - IMPORTANT INFORMATION About Our Commercial Motor Insurance This Product Disclosure Statement (PDS) This PDS is designed to assist You to make informed choices about Your insurance needs. It gives a summary of the benefits and risks associated with this insurance product and We recommend You read it carefully before making a decision to purchase this product and to enter into an insurance contract (the Policy). This document is divided into three sections: The first section (Part 1) includes general information about this insurance and a brief summary of what is contained in each section of the Policy Wording. The second section (Part 2) is the Policy Wording that sets out the specific terms, conditions and exclusions of the cover that We will provide, which should be read carefully to ensure that it provides the cover You need. Parts 1 and 2 form the PDS. The third section (Part 3) is the Financial Services Guide (FSG) designed to help You decide whether to use the services that Savannah provide, and other information that You should read carefully before entering into this Policy. Please keep this combined PDS and FSG, along with all Your Policy documents, in a safe place for future reference. In this PDS We, Our or Us means Certain Underwriters at Lloyds. You or Your means the Person(s) named in the Policy Schedule as Insured Person(s) in connection with: the circumstances in which entitlements to benefits arise (including the application of any exclusions); and the general conditions and limitations of cover; and notification and disclosure obligations; and the obligation to pay the premium. Insured Person(s) means the person(s) named in the Policy Schedule by You from time to time for the insurance cover selected by You. As the information in this PDS may change from time to time, You can obtain updated information simply: by asking Your intermediary (if applicable); by visiting: by writing to the address shown below in, About Savannah Insurance Agency Pty Ltd; by ing Us at: enquiries@savannahgroup.com.au If the change to the information is materially adverse, We will issue a Supplementary PDS. SIA-CMV-TAB v1. 3

6 Part 1 IMPORTANT INFORMATION About Savannah Insurance Agency Pty Ltd Savannah Insurance Agency Pty Ltd (ABN ), (Australian Financial Services licence no ) (Savannah), is an underwriting agency created to provide a range of insurance products including commercial motor insurance. Savannah acts as an agent for Certain Underwriters at Lloyds. Savannah does not act on Your behalf. Savannah has full authority to quote contracts of insurance; issue contracts of insurance; collect premiums; and pay claims as an agent of Certain Underwriters at Lloyds. Savannahs contact details are: Savannah Insurance Agency Pty Ltd ABN ; AFS Licence No: Suite 2, Level 9, 220 George Street, Sydney, NSW 2000 Telephone: (02) Fax: (02) Website: enquiries@savannahgroup.com.au About the insurer Lloyds underwriters are authorised by APRA pursuant to the Insurance Act Savannah is authorised by the Insurer to enter into contracts of insurance underwritten by Certain Underwriters at Lloyds, and Savannah is authorised as an Agent of the Insurer under a binding authority agreement as if it were the Insurer. We do not act on Your behalf. Significant Issues Period of Insurance This is a non renewable insurance policy Should cover be required beyond the the expiry date You will need to apply through Travellers Car Insurance to effect a new policy. The period of insurance will be stated in Your policy certificate/schedule. Cover will cease at 4.00pm on the expiry date shown in the certificate/schedule in whichever State or Territory the vehicle is located at that time Named Drivers Only Cover will only be provided to persons shown as approved nominated driver/s in Your policy certificate/schedule. An exception to this cover limitation will be granted in an emergency situation where the approved nominated driver/s are physically unable to drive the vehicle. Cover will not be provided where the consumption of drugs or alcohol is the sole reason for the approved nominated driver/s being unable to drive the vehicle SIA-CMV-TAB v1. 4

7 Part 1 IMPORTANT INFORMATION Damage to Your Vehicle This policy does not provide any cover for damage to Your own vehicle Where you require an accidential damage cover on Your vehicle you will need to contact a registered insurance broker in Australia or an Insurance Company who may be able to provide that cover. Your individual requirements When preparing this PDS, We and Savannah have not taken into account Your individual objectives, requirements or financial position. We distribute Our products through licensed insurance brokers and/or financial services advisers (intermediaries) who act on Your behalf. You should discuss with Your intermediary the type of risks You need to insure against and the appropriate amount of cover that You need. Further, if You have any questions about the appropriateness of this product for Your objectives, requirements or financial position, You should seek advice from Your intermediary. If You wish to contact Us about this PDS, please use the contact details given above. However, We can only provide You with factual information or general advice about this product and cannot advise You whether the product is appropriate for Your objectives, requirements or financial position. If Your circumstances, relevant to the risks We have agreed to insure, change after taking out this insurance You should notify Us (or ask Your intermediary to do so on Your behalf) as soon as possible. Insurance contracts wordings The Policy Wording contains benefits, exclusions, terms and conditions, as well as limits and sub-limits that You should be aware of when considering whether to purchase this product. These things may affect the amount of the payment We make to You should You have a claim and We ask that You read the Policy wording to ensure it meets Your needs. Our contract with You Your policy is made up of: The Policy Wording is Part 2 of this document. This is common to all persons who buy the Savannah Commercial Motor (SCM) insurance product designed specifically for customers of Travellers Car Insurance. The Proposal is the information document You provide to Us when applying for insurance cover; Your Policy Schedule issued by Us The Schedule is a separate document unique to You, which shows the insurance details relevant to You. It includes any changes, exclusions, terms and conditions made to the Policy and should be read in conjunction with Part 2 to ascertain the full extent of the contract between You and Us. Schedules will be issued by Us for new business accounts, renewals and endorsements along with any other changes made to Your contract with Us. Any other written change otherwise advised by Us in writing These written changes vary or modify the above documents (such as an endorsement or a supplementary PDS). Please note: only those sections shown as covered in Your schedule are insured. Please keep Your Policy, along with all other documents We provide, in a safe place. SIA-CMV-TAB v1. 5

8 Part 1 IMPORTANT INFORMATION Type of cover We offer You only one type of cover. Third Party Property Damage Only Cover (Section 1 of Part 2) We believe the most significant benefits of this insurance Policy are that it protects: Your legal liability to Third Parties in the event of an incident which is covered by Section 1 Third Party Legal Liability of this Policy. and Additional benefits as set out in Section 2 and Additional Benefits of Cover The following is a summary of the Additional Benefits available under the Policy. Please refer to each section for full details of coverage and applicable terms and conditions. Section Two Goods falling from Your Vehicle Loading and unloading Your Vehicle Details We cover damage to others property as a result of goods falling from Your vehicle. We cover damage to others property caused while You are loading or unloading Your vehicle. Dangerous goods Automatic cover to $1,000,000. Pollution Covers clean up costs to $1,000, Legal costs and authorised expenses Where We have given consent We will cover Your legal costs arising out of an incident in addition to Our limit of liability First aid costs We will pay for expenses incurred by You for first aid to others, who suffered bodily injury as a result of an accident involving Your vehicle where You were deemed to be 100% at fault up to a maxium of $1,000 Policy wording The Policy wording is the contract between You and Us. For ease of reference We have set the wording out in separate sections: Those sections are detailed as follows. Section 1 covers Your Third Party Liability. We have shown the Limits of Liability within the Policy schedule and We recommend You review these limits and ascertain if they are adequate for Your requirements. It sets out how We will: Pay for Your legal liability to a third party for damage to their property Cover Your legal expenses when defending or settling Your claim Provide a maximum amount of $1,000,000 liability cover when You carry dangerous goods Not cover Your legal liability for property or goods in Your care, custody or control. It is important that You understand how We settle and pay Your liability claims. SIA-CMV-TAB v1. 6

9 Part 1 IMPORTANT INFORMATION Section 2 - Additional Benefits Section 2 of Your Policy sets out all the additional benefits that You are entitled to receive as a Savannah Commercial Motor Policy holder. Your Policy covers Your liability as a result of an incident. The additional benefits are set out in Part 2, Section 2 of your policy wording We recommend that You read these additional benefits to appreciate how they apply to Your individual circumstances. Section 3 Excesses An excess is the first amount You must contribute to any claim made under Your Policy. Part 2, Section 3 sets out the circumstances under which You will be required to pay Your excess and how additional excesses over and above the basic excess can apply due to the circumstances associated with the claim. Also detailed are the circumstances where You will not be required to pay Your excess. Please read these excess conditions as they will form part of any claim You lodge under Your Policy and may effect Your decision when purchasing this product. Section 4 Exclusions - When You are not covered Claims may be refused in certain circumstances and Part 2, Section 4 details the circumstances where You are not given any protection under Your Policy Your Policy contains a number of exclusions, some of which are common in motor insurance policies. For example, We may not pay for loss or damage arising out of; fraud and unlawful acts (including unlicensed drivers), Your liability when Your vehicle is being used as a tool of trade, Your vehicle running in motor sporting events, Your vehicle being driven by drug or alcohol affected drivers un-roadworthy or unsafe vehicles, unregistered vehicles, vehicle deterioration (rust, corrosion, and general wear and tear), an act of terrorism Before making a decision about whether to purchase this Policy, You should read the full details of all relevant exclusions, which are contained in the Policy wording. Section 5 - Claim Procedures Part 2, Section 5 prescribes what You are required to do and what You are not allowed to do in the event of Your vehicle being involved in an incident. The section details: The claims procedures You are required to follow; What You must NOT do after an incident; What We do when We act on Your behalf; What can effect Your claim; How You can lodge a claim. SIA-CMV-TAB v1. 7

10 Part 1 IMPORTANT INFORMATION Following these requirements will ensure We administer Your claim efficiently. Section 6 - General Conditions Terms and Conditions are applicable to All Sections of the Policy and set out Your obligations with which You need to comply. You should make Yourself aware of all the terms and conditions that apply. If You do not meet them, We may be able to decline or reduce the claim payment or cancel Your Policy. This product may not match Your expectations This product may not match Your expectations (for example, because an exclusion applies to the type of cover You require). You should read the PDS (Part 1 of this document) and the Policy Terms and Conditions (Part 2 of this document) carefully. Please ask Your intermediary if You are unsure about any aspect of this product. Age and inexperienced driver restrictions There may be some age restrictions on certain vehicles which will exclude some drivers from indemnity afforded by this Policy. If there are any age restrictions that apply to vehicles covered under this Policy this will be stated on Your Policy Schedule and in the exclusion section of Part 2 of this document. See Section 4, Part B - Exclusions - Drivers (Clause ii) Limits on what We will pay The maximum We will pay under this Policy is the Sum/s Insured set out in the Policy Schedule. How to apply for this insurance and Our contract with You You will need to complete an application form. We will use the information You supply in the application form to determine the terms of cover We will provide. The terms of cover are contained in the Policy and the most recent Policy Schedule that We issue to You. The Policy Schedule will contain important information about Your cover, including the Period of Insurance, the premium, the level of cover (and the insured amounts) You have chosen and whether any standard terms have been varied by way of endorsement to the Policy. You should keep all of the Policy documents in a safe place. The cost of this insurance Policy The total premium is the amount We charge You for this insurance Policy. It includes the amount which We have calculated will cover the risk, and any taxes and government charges. The premium and any taxes and government charges will be shown on Your Policy Schedule. The amount of Your premium is determined by taking a number of different matters into account. It is important for You to know in particular that the premium varies depending on the information We receive from You about the risk to be covered by Us. The higher We assess the risk to be, the higher the premium We will apply. Based on Our experience and expertise as an insurer, We decide what factors increase Our risk and how they should impact on the premium. Some factors that impact on Your premium are: type of vehicles, e.g. Sedan Articulated Prime Mover, Rigid Truck, Bulldozer, use of vehicle/s, (Type of work undertaken by the vehicle); type of additional covers required, SIA-CMV-TAB v1. 8

11 Part 1 IMPORTANT INFORMATION location of vehicle/s, claims history from prior years, driving experience in the type of vehicle being covered, the term or period of the insurance contract Your intermediary can arrange for You to be provided with a quote for a premium, or you can apply online to obtain a premium quote that will be applicable to your requirements. Please note that the cover We provide is subject to payment of the premium by the due date. Your duty of disclosure what You must tell Us When You apply for insurance, You need to tell Us certain information which would affect Our decision to insure You. If You do not give Us this information, it may affect Your Policy. The duty of disclosure appears in full below. Please ensure You read this carefully. The duty of disclosure notice will also apply to any endorsements or variations You request. Before You enter into a contract of general insurance with an insurer, You have a duty, under the Insurance Contracts Act 1984 (Cth) to disclose to Us every matter You know, or could reasonably be expected to know, that is relevant to Our decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty to disclose those matters to Us before You renew, extend, vary or reinstate a contract of general insurance. You do not have to tell Us about any matter that: diminishes the risk to be undertaken by Us; is of common knowledge; We know or, in the ordinary course of Our business, ought to know; or We say We do not need to know. Who needs to disclose You are answering questions on behalf of Yourself and anyone else You want to be covered by this Policy. The duty of disclosure applies to You and everyone else insured by this Policy. Non disclosure If You fail to comply with Your duty of disclosure, We may be entitled to reduce Our liability under the Policy in respect of a claim, or We may cancel the Policy. If Your non-disclosure is fraudulent, We may also have the option of avoiding the Policy from its beginning. Making a claim Please contact Your intermediary to make a claim. We will only accept responsibility for repairs or payments to third parties under a claim where You have advised Us beforehand and We have accepted Your claim. Full details of what You must do for Us to consider Your claim are provided in the 'Claims' section (Part 2, Section 5) of this Policy. Cooling-off period SIA-CMV-TAB v1. 9

12 Part 1 IMPORTANT INFORMATION If You do not want to proceed with Your insurance after Your decision to buy it, You may cancel it and receive a full refund. To do this You must notify Your intermediary electronically or in writing within 21 days from the date the Policy commenced. This cooling off right does not apply if You have exercised any right or power You have in respect of Your Policy or the Policy has ended. Even after the cooling off period ends, You still have cancellation rights however Your intermediary may deduct certain amounts from any refund for administration costs or any non-refundable taxes. Cancellation You may cancel the Policy by notifying Us in writing. The cancellation will take effect on the day We receive such notice in writing. We will refund the premium for the unexpired Period of Insurance. If more than one person, company or firm is named on the Policy as an Insured Person(s), We will only cancel the Policy if a written agreement to cancel the Policy is received by Us from all parties named as an Insured Person(s). We may cancel the Policy in any of the circumstances set out in, and in the manner allowed by, the Insurance Contracts Act 1984 (Cth). We will advise You in writing if the Policy is cancelled by Us. If We cancel the Policy We will refund the premium for the unexpired Period of Insurance. Dispute resolution We and Savannah will do everything possible to provide a quality service to You. However, We recognise that occasionally there may be an aspect of Our or Savannahs service or a decision We or Savannah have made that You wish to query or draw to Our or Savannahs attention. Savannah has complaints and dispute resolution procedures which undertake to answer Your queries or complaints within fifteen (15) working days. If You have any queries or complaints, please contact Savannah. Savannahs staff are always available to listen to You and to help where they can. If You wish to make a complaint or access Savannahs internal dispute resolution service, please contact Savannah and ask to speak to Savannahs dispute resolution manager. The contact details of Savannahs dispute resolution manager are as follows: Savannah Dispute Resolution Manager GPO Box 4920, Sydney, NSW 2001 Tel: (02) Fax: (02) If You are unhappy with Savannahs response, or Savannah has taken more than fifteen (15) working days to respond, You should contact the Lloyds Underwriters General Representative in Australia at: Lloyds Australia Limited Suite 2, Level 21 Angel Place 123 Pitt Street, Sydney NSW 2000 Telephone: (02) Facsimile: (02) Tracey.Bryan@lloyds.com When You lodge Your dispute with Us, We will Usually require the following information: Name, address and telephone number of the Policyholder The type of insurance Policy involved Details of the Policy concerned (Policy and/or claim reference numbers, etc) Name and address of the insurance intermediary through whom the Policy was obtained Details of the reasons for lodging the dispute SIA-CMV-TAB v1. 10

13 Part 1 IMPORTANT INFORMATION Copies of any supporting documentation You believe may assist Us in addressing Your dispute appropriately. Following receipt of Your dispute, You will be advised whether Your dispute will be handled by either Lloyds Australia or the Policyholder & Market Assistance Department at Lloyds in London: If You are unhappy with this response, You may take Your complaint to the Financial Ombudsman Service (FOS), an Australian Securities & Investments Commission (ASIC) approved external dispute body. The FOS resolves certain insurance disputes between consumers and insurers and will provide an independent review at no cost to You. We and Savannah are bound by any determination made by the FOS but the determination is not binding on You. The contact details of the FOS are as follows: GPO Box 3, Melbourne VIC 3001 Freecall: Fax: (03) info@fos.org.au Web: If FOS has no jurisdiction or if You are unhappy with its determination then the following Lloyd s Australian Alternative Dispute Resolution procedure is available. In the event that a dispute arises between Us and You out of or otherwise in relation to this agreement, then: a) Any party to the dispute shall, without prejudice to any other right or entitlement they may have, give written notice to the other party (the Dispute Notice) requiring them within seven (7) days of this notice to negotiate (whether in a face to face meeting or by teleconference) in good faith as to how the dispute can be resolved; b) If a dispute is not resolved within ten (10) days of the Dispute Notice, either party can request the other party within a further ten (10) days to agree on either: a process for resolving the dispute through means other than litigation or arbitration, such as further negotiation, mediation, or any other alternative dispute resolution technique. The rules governing any such technique shall be agreed as between the parties and where no such agreement as to the process and or guidelines is reached within ten (10) days, then it shall be by mediation by a mediator selected by the Chairperson for the time being of Lawyers Engaged in Alternative Dispute Resolution (LEADR) (or other appropriate professional body as agreed by the parties); or referral of the matters in dispute to an independent expert for an expert determination. The parties agree that they will not be bound by the determination of the expert. The expert: i) will be a person agreed between the parties within ten (10) days of the dispute being referred to expert determination or failing this, the expert will be a person appointed by the Australian Insurance Law Institute (or other appropriate professional body as agreed by the parties); ii) iii) will act as an expert and not as an arbitrator; will proceed in such a manner as he or she thinks fit without being bound to observe the rules of natural justice or the rules of evidence; SIA-CMV-TAB v1. 11

14 Part 1 IMPORTANT INFORMATION iv) will take into consideration all documents, information and other written and oral material that the parties place before him or her including documents, information and material relating to the facts in dispute and to arguments and submissions upon the matters in dispute; and will act with expedition to provide the parties with a determination in writing within thirty-five (35) days of the referral to him or her of the matters in dispute. Both parties must use their best endeavours to achieve resolution by the selected process and further agree that neither party will initiate litigation (as set out in clause (c) below) without first pursuing such informal resolution techniques in good faith; In the event that the dispute is not resolved by such informal process within thirty-five (35) days of the Dispute Notice (or such other period as agreed in writing between the parties) the dispute shall be referred to litigation. c) Following either a mediation or an expert determination pursuant to clause (b) of this provision, either party may then initiate proceedings in any competent Court in the Commonwealth of Australia in relation to the matters in dispute. Such proceedings may only be commenced on 14 days written notice to the other party and shall be determined in accordance with the law and practice applicable in such Court. Any summons, notice or process to be served upon Underwriters may be served upon: Lloyds Underwriters General Representative in Australia Suite 2, Level 21, Angel Place 123 Pitt Street, Sydney NSW 2000, Australia who has authority to accept service and to appear on Underwriters behalf. If proceedings are instituted against any one of the Underwriters, all Underwriters participating in this insurance will abide by the final decision of such Court or any competent Appellate Court. d) Except where the dispute renders it impossible to do so, the parties will continue performing their respective obligations under the Policy while the dispute is being resolved, unless and until such obligations are terminated or expire in accordance with this agreement. e) Each party must use its reasonable endeavours to ensure that where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is a minimal effect on the ability of either party to perform its obligations under the Policy. f) Notwithstanding anything in this schedule, either party may at any time commence Court proceedings in relation to any dispute or claim arising under, or in connection with the Policy where the party seeks urgent interlocutory relief. Service of Suit Clause (Australia) The Underwriters hereon agree that: In the event of a dispute arising under this Policy, Underwriters at the request of the insured (or reinsured) will submit to the jurisdiction of any competent Court in the Commonwealth of Australia. Such dispute shall be determined in accordance with the law and practice applicable in such Court. Any summons notice or process to be served upon the Underwriters may be served upon: Lloyds Australia Limited Suite 2, Level 21 Angel Place 123 Pitt Street, Sydney NSW 2000 Telephone: (02) Facsimile: (02) SIA-CMV-TAB v1. 12

15 Part 1 IMPORTANT INFORMATION who has authority to accept service and to enter an appearance on Underwriters behalf, and who is directed at the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that he will enter an appearance on Underwriters behalf. If a suit is instituted against any one of the Underwriters all Underwriters hereon will abide by the final decision of such Court or any competent Appellate Court. Privacy We are committed to protecting Your privacy in accordance with the terms of the Privacy Act, We Use the information You provide Us to quote on Your application for a Policy, to provide the insurance, administer the Policy and assess and manage any claims. We only provide personal information to Our underwriters and reinsurers (and their representatives) and those We appoint to assist Us with claims under Your Policy. If You do not provide Us with full information, We cannot properly quote for Your insurance and We cannot insure You. You can check the personal information We hold about You at any time. Such application should be directed to Savannah, in writing, where it will be considered by its internal privacy disputes department. If You provide Us with personal information about anyone else, We rely on You to have obtained their consent and to have informed them: to whom We may provide their personal information; the purposes for which We will Use their personal information; and how they can access that information. If the information is sensitive, We rely on You to have obtained their consent on these matters. For more information about Our privacy Policy, please visit Our Website. Code of practice This Policy is Insurance Council of Australias General Insurance Code of Practice compliant, apart from any claims adjusted outside Australia. Underwriters at Lloyds proudly support the General Insurance Code of Practice. The purpose of the Code is to raise standards of practice and service in the general insurance industry. When You lodge a claim Savannah will tell You in plain language what information Savannah needs and how You should go about making Your claim. Savannah will respond promptly to any requests You make for assistance with Your claim and it will be considered and assessed promptly. SIA-CMV-TAB v1. 13

16 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING Part 2 THIRD PARTY PROPERTY DAMAGE MOTOR INSURANCE POLICY WORDING Important information Savannah gives notice that this contract has been effected under an Authority, given to Savannah by Certain Underwriters at Lloyds. Savannah has entered into this contract as an agent of Certain Underwriters at Lloyds and not as Your agent or an agent of any Insured Person(s). All cover provided under this Policy is subject to: the payment of premium; the terms, exclusions and conditions contained in this Policy; and the limits of liability referred to in this Policy. Subject to the terms, conditions, exclusions and limitations contained in this Policy, this Policy provides cover for motor vehicles. Benefits are payable in the circumstances set out in this Policy. The particular cover which applies to You and which You selected when You applied for this insurance is referred to in the Policy Schedule. If You are not entirely satisfied with this Policy, and provided the Policy has not already expired, or You have not made any claim upon it You may cancel it by returning it to Us within twenty-one (21) days of the date the Policy was issued to You. We will refund Your premium and the Policy will be treated as though it never existed. Our agreement with You This Policy is a legal contract between You and Us. Upon payment of the premium, We will provide You with the cover You have selected as set out in this Policy and the Policy Schedule, during the period of insurance shown on the Policy. The excesses set out in section 3 headed Excess' apply to all claims except where otherwise stated. The amount of any other excess that applies to Your Policy will be shown on Your Policy Schedule. The exclusions in section 4 headed 'Exclusions - When You are not covered' and conditions in section 6 headed 'General Conditions' apply to all types of cover. Cover is limited to the territorial limits as defined in this wording. Your Policy Your Motor Vehicle Policy consists of Part 2 (Terms and Conditions) of this document and the Policy Schedule We give You. Please read Your Policy carefully, and satisfy Yourself that it provides the cover You require. If You want more information about any part of Your Policy, please ask Your intermediary. The address and telephone number of Savannah Commercial Motor is shown on Your Policy Schedule. You should keep Your Combined PDS, FSG and Policy Schedule together in a safe and convenient place for future reference. Paying Your premium You must pay Your premium by the due date. If We do not receive Your premium by this date or Your payment is dishonored this Policy will not operate and there will be no cover. SIA-CMV-TAB v1. 14

17 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING How Goods and Services Tax (GST) affects any payments We make The amount of premium payable by You for this Policy includes an amount of GST on the premium. When We pay a claim, Your GST status will determine the amount We pay. When You are: a) not registered for GST, the amount We pay is up to the limit of indemnity or the other limits of insurance cover including GST. Where the settlement of Your claim is less than the limit of indemnity or the other limits of insurance cover, We will only pay an amount for GST (less Your entitlement for Input Tax Credit) applicable to the settlement. This means that if these amounts are not sufficient to cover Your loss, We will only pay the GST relating to Our settlement of the claim. Policy definitions Some key words and terms used in this Policy have a special meaning. If words and terms are only used in just one Section of the Policy, We will describe their special meaning in that Section. Wherever the following words or terms are used in the Policy, they mean what is set out below: We, Our, or Us means Certain Underwriters at Lloyds. You or Your means the Person(s) named in the Policy Schedule as Insured Person(s) in connection with: the circumstances in which entitlements to benefits arise (including the application of any exclusions); the general conditions and limitations; and notification and disclosure obligations. the obligation to pay the premium. Items ordered as part of the Vehicle by the purchaser, dealer or fitted by the dealer after the Vehicle has left the assembly factory are considered as accessories. Accident means an unintended happening or mishap, which is not expected or designed. Airfield means an area of land set aside for the takeoff, landing, taxiing, parking and maintenance of aircraft. Airside means the section of an airfield where aircraft are situated and operated. Collection or Delivery means when goods are being taken to or from Your Vehicle but does not include the physical act of loading onto or unloading goods from Your Vehicle. Dangerous Goods means goods as defined by The Australian Code of the Transport of Dangerous Goods by Road and Rail... Incident means an unintended happening or mishap, which is not expected, designed. Period of Insurance means the time We are on risk covering Your Vehicles. The Period of Insurance will be stated in the Policy Schedule and will show the time, day, month and year of inception to expiry. Policy Schedule means the Certificate/Schedule of Insurance or any Endorsement Certificate/Schedule We give You. Territorial Limits means anywhere in Australia. Third Party Property Damage Only Cover means cover is only provided under Section 1 of Your Policy along with the additional benefits in Section 2 that specifically apply to Section 1. SIA-CMV-TAB v1. 15

18 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING Your Vehicle means any type of machine on wheels or track made or intended to be propelled by other than manual or animal power and any trailer or other attachment made or intended to be drawn by any such machine designed for use on land only (not being for use upon rails, tram tracks or cables). SECTION 1 - Third Party Liability - Cover for registered Vehicles only Third Party Property damage Provided Your Vehicle is registered in accordance with the requirements of all state and or territory laws and your vehicle is being driven by a Savannah approved nominated driver declared in your application for this insurance, We will cover You for an amount up to, but not exceeding, the amount shown in How much We will pay shown below for which You may be held legally liable to pay for accidental damage to property belonging to others caused by or arising out of: the use of Your Vehicle or any trailer or caravan attached to Your Vehicle, whether or not it belongs to You; goods falling from Your Vehicle; the operation of loading and unloading Your Vehicle but not the collection or delivery of the load to or from Your Vehicle. Dangerous goods We will automatically cover Your legal liability in relation to the transportation of Dangerous Goods as defined by law. The maximum amount We will pay under this automatic clause is $1,000,000. Pollution We will cover Your legal liability for clean up costs involving pollution or contamination of water, land, the atmosphere or any property following an event covered under this Policy. The maximum We will pay under this cover will be $1,000,000. Legal costs We will cover Your legal costs and expenses in defending or settling claims if You have Our agreement in writing. We pay this in addition to the amount payable under Third Party Property Damage. How much We will pay The maximum amount We will pay under Section 1 in respect of all claims arising out of one incident or a series of incidents arising out of one cause or event will not exceed; $10,000,000 anyone event or series of events for accidential damage to property belonging to others; $1,000,000 for the transportation of Dangerous Goods; and $1,000,000 for pollution. What You are NOT insured against Non Nominated Drivers We will not provide cover where anyone driving your vehicle is not an approved nominated driver. Property in Your Care, custody or control Exclusion We do not cover Your legal liability or the legal liability of the driver of Your Vehicle; For damage to any property belonging to You or the driver of Your Vehicle, and For property leased or rented to You or the driver of Your Vehicle, and SIA-CMV-TAB v1. 16

19 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING For property belonging to any other party in Your or the driver's care, custody or control. SECTION 2 - Additional Benefits We give these Additional Benefits following accidental damage to others covered under this Policy All Additional Benefits are subject to the applicable excess at the time of the loss giving rise to a claim under the policy or damage. Additional benefits applicable to all sections 1.01 Car sharing Payment made by passengers as part of a car sharing agreement for social or other similar purpose, including travelling to and from work, will not be considered as the conveyance of passengers for hire, fare and reward provided that the total contribution received for the journey does not involve commercial use for profit 1.02 Police, Fire Brigade and or Emergency Services This Policy extends to cover You for all costs levied against You by the following authorities, as a result of loss or damage involving an insured Vehicle, requiring or resulting in the attendance of any members of: a) any Police Force at the accident site; b) any Fire Brigade; or c) any other Emergency Services Legal costs and authorised expenses When an incident is covered under this section, and provided We have given written consent, We will pay, in addition to the limits of liability, all legal costs and expenses incurred by You in settlement or defence of claims for compensation arising out of that incident 1.04 First aid costs In addition to the Limits of Liability, We will pay for expenses incurred by You for first aid to others, who suffered bodily injury as a result of an accident involving Your Vehicle where You were deemed to be 100% at fault up to a maximum of $1,000. SECTION 3 - Excesses Basic Excess This is the first amount You must contribute to any claim made under this Policy. The amount of the basic excess is shown in the Policy Shedule. You will pay the excess as follows for: Claims under Section 1 Third party liability: where Your liability arises as a result of Your control of Your Vehicle, the basic excess applicable to the Vehicle will apply plus any additional excesses that may apply ; where Your liability arises as a result of Your control of a trailer not attached to a towing Vehicle, the trailer excess shown in the Policy Schedule will apply. SIA-CMV-TAB v1. 17

20 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING SECTION 4 - Exclusions - When You Are Not Covered This section has been set out in 2 parts Part A- Sets out exclusions based on War Terrorism or Radioactivity of Your Policy Part B- Sets out exclusions that apply to Section 1 of Your Policy We recommend that You read these exclusions carefully and ensure that You understand that there are some circumstances where this Policy will not respond when You make a claim. Part A War Terrorism or Radioactivity This Policy excludes loss, damage, destruction, death, injury, illness, liability, cost or expense of any nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any of the following, regardless of any other cause or event contributing concurrently or in any other sequence to the loss: 1. War War, invasion, acts of foreign enemies, hostilities or war like operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power, or confiscation or nationalisation or requisition or destruction or damage to property by or under the order of any government or public or local authority. 2. Any Act(s) of Terrorism For the purpose of this exclusion, an act of terrorism includes any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political division thereof, or in pursuit of political, religious, ideological or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s) de jure or de facto, and which: involves violence against one or more persons, or involves damage to property, or endangers life other than that of the person committing the action, or creates a risk to health or safety of the public or a section of the public, or is designed to interfere with or to disrupt an electronic system. 3. Radioactivity Radioactivity or the use, existence or escape of any nuclear fuel, nuclear material, or nuclear waste or action of nuclear fission or fusion. This Policy also excludes any loss, destruction, damage, death, injury, illness, liability, cost or expense of any nature directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with any action taken in controlling, preventing, suppressing, retaliating against, or responding to or in any way relating to Part A 1, 2 or 3 above. SIA-CMV-TAB v1. 18

21 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING Part B Exclusions Exclusions applicable to this Policy We will not be liable to pay any claim: 1. Vehicle overloading If at the time liability was incurred: 1.1 Your Vehicle was being used to carry a number of passengers in excess of that for which it was constructed, registered or licensed, or contrary to the manufacturers recommendations; 1.2 Your Vehicle or any caravan or trailer being towed by Your Vehicle was used to carry, lift, haul or tow a load in excess of that for which it was designed, constructed, registered or licensed, or used contrary to the manufacturers recommendations. Exclusion 1.1. and 1.2. shall not apply if: You can prove that You did not allow such use of Your Vehicle; You can prove that You had no reason to suspect that Your Vehicle was being used in that manner,and You can prove that the liability incurred was not caused by, or contributed to, by such excess of passengers and/or load and that any overloading was accidental. 2. Motor sports, Vehicle racing, testing If at the time liability was incurred Your Vehicle was being: 2.1 tested other than in connection with or whilst undergoing service or repair or purpose of sale; 2.2 used in any experiments; 2.3 used in or prepared for any kind of racing, motor sport, event, trial or demonstration, including without limitation, any rally, trial, speed trial, reliability trial, hill climbing, test, stunt, race or pacemaking; 2.4 used in or prepared for any stunt or for film, video or audio recording. 3. Un-roadworthy or unsafe Vehicles If at the time liability was incurred, Your Vehicle was being used while in an un-roadworthy or unsafe condition. Exclusion 3. shall not apply if You prove that the liability incurred, was not caused by the un-roadworthy or unsafe condition of Your Vehicle, or such un-roadworthy or unsafe condition could not reasonably have been detected by You. 4. Hire, fare or reward If at the time liability was incurred, Your Vehicle was being used for the conveyance of passengers for hire, fare, or reward, other than under a private pooling arrangement. 5. Dry hire If at the time liability was incurred, Your Vehicle is let out on hire. 6. Stock in trade SIA-CMV-TAB v1. 19

22 Part 2 SAVANNAH COMMERCIAL MOTOR INSURANCE POLICY WORDING If at the time liability was incurred, Your Vehicle formed part of Your stock in trade of Your business. 7. Unlawful acts (including unlicensed drivers) 7.1 if at the time of liability was incurred: Your Vehicle was being used for any unlawful purpose; Your Vehicle was being driven by You or any of Your partners, directors or anyone driving with Your consent and You or they were endeavouring to evade police apprehension. 7.2 if You or any person driving Your Vehicle: had faculties which were impaired by any drug or intoxicating liquor; or had a percentage of alcohol or drugs in their breath, blood or urine in excess of the percentage permitted by the law of the applicable State or Territory where the incident occurred; or refused to provide or allow the taking of a sample of breath, blood or urine for testing or analysis; or left the place where the accident arose, before being legally allowed to do so. 7.3 if You or any person driving with Your consent and knowledge was not licensed to drive Your Vehicle, or was disqualified from holding or obtaining such a licence. 7.4 if Your Vehicle was being driven by a person who was not legally licensed to drive that Vehicle in Australia. Exclusion 7.1, 7.2, 7.3 and 7.4 shall not apply if: You can prove that You had no reason to suspect that Your Vehicle was being used in that manner; or You can prove that You did not allow such use of Your Vehicle; or You can prove the drivers licence had unintentionally lapsed, was fraudulently produced, or was cancelled unknown to You as a result of unpaid parking fines, and the driver was the holder of a licence in the 12 months immediately prior to the lapsing of the licence; and allow Us to use all remedies available to recover all costs associated with any loss or damage occasioned, or liability incurred, by the driver of Your Vehicle. 8. Fuel systems If at the time the liability was incurred it resulted from the use of: 8.1 a fuel system in Your Vehicle that does not comply with the appropriate Australian Standard; 8.2 the incorrect fuel type being used. 9. Contractual liability For any liability You assumed by an express agreement, unless such liability would have attached in the absence of that express agreement. 10. Vehicles on rails / cables If liability was incurred when Your Vehicle was being used to run on rails, tram tracks or cables. 11. Drivers SIA-CMV-TAB v1. 20

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