Hole In One Policy Wording

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1 Hole In One Policy Wording V03.14

2 Pen Underwriting Pty Ltd ABN AFSL Our name comes from the expression to pass the pen. It reflects what we do and what we bring to the insurance industry specialist expertise and quality underwriting. We strive to exceed the expectations of brokers by providing professional and flexible solutions for their clients risks across a wide range of major and boutique general insurance products. Contents 1. Important Information 1 2. Insuring Clause 2 Contact Details: Current as at November 2014 SYDNEY Clarence 3. Definitions 2 4. Conditions Precedent 2 5. Exclusions 2 6. Sanctions Exclusion 3 7. Claims Conditions 3 8. General Conditions 3 Level 3, 117 Clarence St Sydney NSW 2000 GPO Box 247 Sydney NSW 2001 Level 3, 77 King St Sydney NSW 2000 GPO Box 4431 Sydney NSW 2001 Level 9, 60 Edward St Brisbane Qld 4000 GPO Box 541 Brisbane Qld 4001 Level 3, 333 Collins St Melbourne Vic 3000 PO Box 230 Collins St West Vic 8007 P: F: SYDNEY King P: F: BRISBANE P: F: MELBOURNE P: F: E: W:

3 1. Important Information 1.1 This Policy This Policy is an important document and should be kept in a safe place. Please read it carefully so that you understand the insurance provided. 1.2 Your Duty of Disclosure Before you enter into a contract of general insurance with an insurer, you have a duty, under the Insurance Contracts Act 1984, to disclose to the insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer s 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 the insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty however does not require disclosure of matter: that diminishes the risk to be undertaken by the insurer; that is of common knowledge; that your insurer knows or, in the ordinary course of his business, ought to know; as to which compliance with your duty is waived by the insurer. 1.3 Non-disclosure If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce his liability under the contract in respect of a Claim or may cancel the contract. If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from its beginning. 1.4 GST The Premium includes an amount for GST. Underwriters liability to indemnify the Insured under this Policy is calculated less any Input Tax Credit to which the Insured is entitled for any relevant Acquisition, or to which the Insured would have been entitled had it made a relevant Acquisition. The Insured must inform Underwriters of the extent to which it is entitled to an Input Tax Credit for that GST, and any GST liability arising from the Insured s provision of incorrect advice is payable by the Insured. GST, Input Tax Credit and Acquisition have the meaning given to those words in A New Tax System (Goods and Services Tax) Act Privacy Pen Underwriting handles your personal information with care and in accordance with the Privacy Act 1988 and the Australian Privacy Principles. We collect personal information about you to provide you with insurance and insurance related services. We may disclose your personal information to third parties for the purposes described in our Privacy Policy, including related entities, insurers, reinsurers, agents and service providers, some of whom may be located in the United Kingdom and India. By asking us to provide you with insurance and insurance related services, you consent to the collection, use and disclosure (including overseas disclosure) of your personal information for the purposes described in our Privacy Policy. Where you provide personal information about others, you represent to us that you have made them aware of that disclosure and of our Privacy Policy and that you have obtained their consent. If you do not consent to provide us with the personal information that we request, or withdraw your consent to the use and disclosure of your personal information at any stage, we may not be able to offer you the products or provide the services that you seek. For information about how to access and or correct the personal information we hold about you or if you have any concerns or complaints, ask us for a copy of our Privacy Policy or visit 1.6 Complaints Handling If you are dissatisfied with a decision Pen Underwriting makes, our service, the service of others we appoint to discuss insurance matters with you, or a claim settlement, we have an internal dispute resolution process to assist you. For further information, ask for a copy of our Complaints and Disputes Resolution Policy or visit 1.7 General Insurance Code of Practice Pen Underwriting and Underwriters at Lloyd s 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. A copy of the Code can be obtained from or from us upon request. 1.8 Australian Terrorism Insurance Act The Underwriters have treated this insurance (or part of it) as an insurance to which the Australian Terrorism Insurance Act 2003 (ATIA) applies. ATIA and the supporting regulations made under the Act deem cover into certain policies and provide that the Terrorism Exclusion to which this Policy is subject shall not apply to any eligible terrorism loss as defined in ATIA. Any coverage established by ATIA is only in respect of any eligible terrorism loss resulting from a terrorist act which is a declared terrorist incident as defined in ATIA. The Terrorism Exclusion to which this Policy is subject applies in full force and effect to any other loss and any act or event that is not a declared terrorist incident. All other terms, conditions, insurance coverage and Exclusions of this Policy including applicable limits and excesses remain unchanged. If any or all of the Underwriters have reinsured this Policy with the Australian Reinsurance Pool Corporation, then any such Underwriters will not be liable for any amounts for which they are not responsible under the terms of ATIA due to the application of a reduction percentage as defined in ATIA which results in a cap on the Underwriter s liability for payment for eligible terrorism losses. 1.9 Further Information Your insurance broker has arranged this insurance on your behalf. If you have any questions or need further information concerning Page 1

4 your insurance, you should contact your insurance broker to assist you with your enquiry. You should direct all of your correspondence to us through your insurance broker as he is your agent for this insurance Agreement In consideration of the payment of the Premium and in reliance on the contents of the Proposal, Underwriters will indemnify the Insured in accordance with the terms of this Policy. 2. Insuring Clause In the event of any Competitor achieving a Hole In One at the Specified Hole in the Hole In One Competition, Underwriters will indemnify the Insured in respect of their legal liability to supply the Prize to the Competitor, provided that: 2.1 the Number of Rounds played does not exceed the amount as stated in the Schedule; 2.2 only one Prize shall be offered and, if this is won, the Hole In One Competition shall immediately come to an end; and 2.3 the liability of Underwriters to make payment under this Policy shall not exceed, in the aggregate, the Total Sum Insured. 3. Definitions 3.1 Competitor means any individual, not including golf club professionals, professional golfers or semi professionals entered and playing in the Hole In One competition, unless agreed and stated in 3.2 Date of Competition is the date of competition stated in 3.3 Hole In One means a hole made in one stroke from the tee. 3.4 Hole In One Competition means the golf competition for a Hole In One held by the Insured on the Date of Competition at the golf club stated in 3.5 Pen Underwriting is Pen Underwriting Pty Ltd ABN AFSL Policy means this policy wording, the Schedule and any attaching endorsements. 3.7 Premium is the amount stated as premium in the Schedule and in any endorsements to this Policy. 3.8 Prize is the prize stated in 3.9 Schedule is the certificate of insurance and schedule issued by Pen Underwriting Specified Hole means the specified hole stated in 3.11 Supervisor means an individual over the age of eighteen who is independent of both the Insured, the organiser of the Hole In One Competition and the supplier of the Prize and who is not a Competitor. The Supervisor must be agreed in writing by Underwriters Terrorism means an unlawful act, including but not limited to the use of force or violence, 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 Total Sum Insured is the total sum insured stated in 3.14 Underwriters are certain Underwriters at Lloyd s participating in this Policy. 4. Conditions Precedent It is a condition precedent to Underwriters liability under this insurance that: 4.1 the Hole in One Competition and Specified Hole will at all times be supervised by the Supervisor(s). 4.2 all equipment to be used during the Hole In One competition shall conform to the specifications laid down by the International Professional Golfers Association or the International Amateur Golfers Association and the Hole In One competition shall be conducted in accordance with the rules laid down by these authorities. 4.3 the green at the Specified Hole shall not be specially prepared or altered from the condition which is usual for the normal play nor shall the hole be positioned on the green to facilitate the achievement of a hole in one. 4.4 the distance of the Specified Hole shall not be less than the length stated in 4.5 the number of Competitors and Number of Rounds shall not exceed the numbers stated in 4.6 practice attempts at the Specified Hole will not be permitted. 4.7 the flag must remain in the hole at the Specified Hole at all times. 5. Exclusions This Policy does not cover any loss directly or indirectly arising out of, contributed to by, or resulting from: 5.1 the Insured s lack of care, diligence or prudent behaviour, the result of which would increase the risk, and or the likelihood of a loss under this Policy. 5.2 any contractual dispute involving, or contractual breach by, the Insured, the Supervisor or any Competitor. 5.3 alterations or variations of the Hole In One Competition or Specified Hole without the prior approval of Underwriters. 5.4 any fraud, misrepresentation or concealment by or on behalf of the Insured, the Supervisor or any Competitor. 5.5 actual or threatened war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power. Page 2

5 5.6 civil commotion assuming the proportions of or amounting to a popular uprising, riot, martial law or the act of any lawfully constituted authority in the furtherance of maintaining public order ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, nuclear reaction, nuclear radiation or radioactive contamination any act of Terrorism and/or the threat thereof (whether actual or perceived) regardless of any other cause or event contributing concurrently or in any other sequence to the loss any loss resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of Terrorism or fear thereof. 5.9 the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing, concurrently or in any other sequence, thereto or in consequence of, or in any way involving: asbestos, or any materials containing asbestos in whatever form or quantity; the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, moulds, spores or mycotoxins of any kind; any action taken by any party in response to the actual, potential, alleged or threatened formation, growth, presence, release, or dispersal of fungi, moulds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, moulds, spores or mycotoxins; or any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, moulds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, moulds, spores or mycotoxins. 6. Sanctions Exclusion 6.1 Underwriters shall not be deemed to provide cover and shall not be liable to pay any claim or provide any benefit under this Policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Underwriters to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of Australia, the European Union, United Kingdom or United States of America. 7. Claims Conditions 7.1 In the event of a Hole In One, a certificate of achievement shall be made by the Supervisor, the successful Competitor and the other Competitors who witnessed the Hole In One. 7.2 In the event of a claim under this Policy, the Insured shall: as soon as practicable given written notice to Pen Underwriting at the address stated in the Schedule, with all information that is available relating to the claim including the certificate of achievement completed in accordance with clause 7.1; provide Underwriters or their appointed representatives with all: necessary assistance in a timely manner; information required; documentation and records necessary to establish and assess indemnity prove the loss to the satisfaction of Underwriters. 7.3 The Insured shall allow Underwriters the right, if they so wish, to: take such steps as they deem necessary to prevent, mitigate or minimise a loss; take over and conduct the defence or settlement of claims made against the Insured that are covered by this Policy. 8. Conditions 8.1 The Insured shall observe and fulfil the terms and conditions of this Policy. 8.2 The Insured shall not declare the existence of this Policy. 8.3 The Insured shall maintain adequate records in connection with the subject matter insured under this Policy. 8.4 The Insured will advise Underwriters of any other insurance protecting the interest insured under this Policy. 8.5 The Premium and any expense incurred in the formulation of a claim shall not be recoverable items. 8.6 This Policy is non-cancellable. The Premium is deemed fully earned and there can be no return of Premium. 8.7 This Policy may not be assigned in whole or in part without the prior written consent of Underwriters. 8.8 This Policy shall be construed in accordance with the laws of Australia. Any disputes relating to interpretation will be submitted to the exclusive jurisdiction of the Courts of Australia. Page 3

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