Enterprise Insurance Company Plc. Commercial Vehicle Motor Insurance Policy Wording

Transcription

1 Enterprise Insurance Company Plc. Commercial Vehicle Motor Insurance Policy Wording 1

2 Contents Commercial Vehicle Motor Insurance...3 What to do in the event of an accident...4 Notification of changes which may affect your insurance keeping us updated...5 Data Protection...6 Motor Insurance Database...7 Fraud prevention, detection and claims history...8 Definitions...9 Cover...12 Section 1 - Liability to other people...12 Section 2 - Loss of or damage to the insured vehicle...13 Section 3 - Loss of or damage to the insured vehicle by fire or theft...15 Section 4 Glass/Windscreen Damage...18 Section 5 - Medical Expenses...19 Section 6 - Personal accident benefit...19 Section 7 - Personal effects...19 Section 8- Child seats...20 Section 9 Keys and locks...20 Section 10 Foreign use...20 Section 11 Misfuelling cover...21 General Exceptions...22 General Terms and Conditions...24 Cancellation...26 What to do if you have a complaint...28 Endorsements

3 Commercial Vehicle Motor Insurance Policy INTRODUCTION (PREAMBLE) This policy wording is evidence of a legally binding contract of insurance between you (the insured) and us (Enterprise Insurance Company Plc.). We rely upon: the information you provided or which has been provided on your behalf on your signed proposal form or statement of fact, and any other information given either verbally or in writing by you or on your behalf in the formation and throughout the duration of the contract You must read this policy wording, the schedule and the certificate of motor insurance together. The schedule tells you which sections of the policy wording apply. Please check all the above documents carefully to make certain they give you the cover you want. We agree to insure you under the terms, conditions and exceptions contained in this policy wording or in any endorsement applying to this policy wording. The insurance provided by the policy wording covers any liability loss or damage that may occur within the geographical limits of the policy during any period of insurance for which you have paid, or agreed to pay the premium. Nobody other than you (the insured) and us (Enterprise Insurance Company Plc) has any rights that they can enforce under this contract except for those rights that they have under road traffic law in any country in which this insurance applies. Unless specifically agreed otherwise, this insurance shall be subject to English Law. The terms and conditions of this policy and all other information concerning this insurance are communicated to you in the English language and we undertake to communicate in this language for the duration of the policy. Michael Clayden Managing Director Enterprise Insurance Company Plc. 3

4 The parties involved in your insurance Your insurance policy has been arranged for you by your insurance intermediary and they will administer your insurance on our behalf. Your insurance intermediary is shown on your policy schedule. You should contact them if you have any questions about your insurance, if you need to make a change to your insurance (see Notification of changes which may affect your insurance on page 4), or if you wish to make a complaint. Your insurer is Enterprise Insurance Company Plc. Enterprise Insurance Company Plc. Registered in Gibraltar No with a registered office at Suite 3, 2nd Floor, Icom House, 1-5 Irish Town, Gibraltar, GX11 1AA. Enterprise Insurance Company Plc. is licensed by the Financial Services Commission in Gibraltar under the Financial Services (Insurance Companies) Act to carry on insurance business in Gibraltar, and is authorised to operate in the UK by the Financial Conduct Authority Registration No Details about the extent of our and your insurance intermediary s authorisation and regulation by the Financial Conduct Authority can be checked on the Financial Conduct Authority s register by visiting the Financial Conduct Authority s website or by contacting the Financial Conduct Authority on We are also members of the Association of British Insurers (ABI), the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS). Our appointed claims service provider is shown on your policy schedule You should contact them in the event that you need to make a claim. Their telephone number is shown below in What to do in the event of an accident. They can be contacted 24 hours a day every day. What to do in the event of an accident Regardless of blame these measures will help to protect you. Stop as soon as possible, in a safe place. If anybody has been injured, call the police and ambulance service. If you have a warning triangle, place it well before the obstruction. It is worth keeping a pen and paper in the insured vehicle, you can then make a quick sketch of the direction and final position of each vehicle. Write down the name, address and vehicle registration number of the other driver(s). Please also make a note of the number of passengers in each vehicle. If the police attend the scene please write down the officer s name, number and police force. If you have a mobile phone with you and it is fitted with a camera, try and take photographs to support the positions of the vehicles and the extent of damage. If anybody has been injured you should obtain the insurance details of all drivers and you must give your own insurance details to anyone who has reasonable grounds for requesting them. It is most important to obtain details of all witnesses. Do not admit responsibility, either verbally or in writing. If for any reason you have not been able to exchange details with other drivers, or you were in collision with an animal, you must report the incident to the police as soon as possible and certainly within 24 hours. You can find out who the insurer is of any other vehicle involved in the accident by using the askmid.com Roadside service created to assist victims of accidents check the insurance details of the other parties involved at the roadside. AFTER ANY ACCIDENT OR INCIDENT YOU MUST TELEPHONE OUR 24 HOUR CLAIMS HELPLINE AS QUICKLY AS POSSIBLE AND NO LATER THAN 72 HOURS/3 DAYS AFTER THE INCIDENT. 4

5 This is regardless of whether you were at fault or not, or wish to make a claim under the policy or not. IF YOU REPORT AN ACCIDENT OR INCIDENT TO OUR APPOINTED CLAIMS SERVICE PROVIDER WITHIN 2 HOURS OF THE TIME OF THE INCIDENT, WE WILL REDUCE YOUR COMPULSORY EXCESS, IN RESPECT OF ACCIDENTAL DAMAGE, FIRE OR THEFT BY UP TO 50% SUBJECT TO A MAXIMUM REDUCTION OF 250. THIS DOES NOT APPLY TO WINDSCREEN CLAIMS. CALL OUR 24 HOUR CLAIMS HELPLINE TELEPHONE The benefits you receive will depend on the level of policy cover you selected but can include the following: replacement vehicle provided whilst the insured vehicle is being repaired. The vehicle provided will be a commercial vehicle, limited to a maximum of 3.5 tonnes GVW (Gross Vehicle Weight). Please note the precise type will be subject to availability all repairs guaranteed for the duration of the manufacturer s warranty or 3 years, whichever is greater FOR WINDSCREEN CLAIMS CALL THE HELPLINE TELEPHONE FOR MISFUELLING CLAIMS CALL THE HELPLINE TELEPHONE IMPORTANT IF YOU FAIL TO TELL US OR YOU DELAY TELLING US ABOUT AN ACCIDENT OR INCIDENT THAT MAY LEAD TO A CLAIM AND THIS INCREASES OUR CLAIM COSTS, YOU WILL BECOME LIABLE TO PAY THE ADDITIONAL COSTS. IT MAY ALSO INVALIDATE YOUR RIGHT TO CLAIM. Quote your policy number and give all the information about the incident. If your claim is due to theft, attempted theft or vandalism you must also inform the police and obtain a crime reference number. For our joint protection telephone calls may be recorded and monitored by us and our service providers. We will deal with your claim and claims made against you, as quickly and fairly as possible. Please read the general terms and conditions in this policy wording. Notification of changes which may affect your insurance keeping us updated You should keep a complete record of all information (including copies of letters) supplied to us in taking out this insurance. So that you understand what you are covered for, please read this policy, the schedule (which may make reference to endorsements) and the certificate of motor insurance very carefully. You should pay special attention to the general exceptions and general terms and conditions of this policy. If you have any questions, or the cover does not meet your needs or any of the details are incorrect you should notify us immediately via your insurance intermediary. Consumer Insurance (Disclosure and Representations) Act 2012 You are required by the provisions of the Consumer Insurance (Disclosure and Representations) Act 2012 to take care to supply accurate and complete answers to all the questions you were asked at the time of insuring with us. It is important that you check your records for the information you have provided and notify us immediately of any changes to these details. Failure to provide accurate and complete information to the best of your knowledge may result in increased premiums, refusal of a claim or your policy being cancelled. You are required to update us with any changes to the information you provided at the time you asked us to insure you. When you tell us about these changes we may adjust the premium. If you do not tell us about these changes, this may result in refusal of a claim or your policy being cancelled. The changes you are required to notify us of include the following: 5

6 a change of vehicle or you purchase another vehicle to which you want cover to apply you wish a new driver to be covered, or there is a change in the main driver of the insured vehicle if your driving licence number changes someone who drives the insured vehicle receives a motoring or other conviction or a fixed penalty notice, has a pending prosecution, suffers from a medical condition or has a claim on another policy the vehicle is changed or modified from the manufacturer's standard specification or you intend to change or modify it (including the addition of optional-fit accessories such as spoilers, skirts, alloy wheels, etc.) a change of occupation (full or part-time) by you or any other driver you change your address or the address where the insured vehicle is normally kept a change in the use of the insured vehicle if you have sold the insured vehicle if you or any driver of the insured vehicle are involved in an accident or incident with another party, no matter how trivial, and even if you do not wish to submit a claim This is not a full list and if you are in any doubt you should advise your insurance intermediary for your own protection. If you do not tell us about changes, your insurance may not cover you fully or at all. Important information about your insurance with us Data Protection We are governed by the Data Protection legislation applicable in both the United Kingdom and Gibraltar. Under this legislation we are required to tell you about how we will use the information that you give us, who we may share information with and the systems we have in place that allow us to detect and prevent fraudulent applications for insurance and claims. The savings that we make help us to keep our premiums and products competitive. Insurance administration The information that you give to us will be used by us and your insurance intermediary and anybody appointed by us or them for the purposes of administering your insurance or a claim. It may be disclosed to reinsurers and to regulatory authorities for the purposes of monitoring our or your insurance intermediary s compliance with regulatory requirements. Where this happens we will ensure that anyone to whom we send your information agrees to treat it with the same level of protection as if we were dealing with it. In giving us and your insurance intermediary information about another person, you confirm that they have given you permission to give the information to us and your insurance intermediary and that we/they may process it (including any sensitive data see below) for the purposes as set out in these notices. We and your insurance intermediary may undertake checks against publicly available information (such as electoral roll, county court judgements, bankruptcy orders or repossessions). These checks may be made when you take out insurance with us or if you make a claim and the information shared with anyone acting on our behalf to administer your insurance or a claim (e.g. loss adjusters or investigators). Credit searches To help us to prevent fraud and to check your identity, we and your insurance intermediary may search files made available to us by credit reference agencies, who may keep a record of that search. Sensitive data In order to assess the terms of your insurance or to administer claims we may need to collect data that Data Protection legislation defines as sensitive (such as medical conditions and criminal convictions). In 6

7 taking out insurance with us you are giving us your consent to such information being processed by us, your insurance intermediary, companies belonging to our group and other companies contracted by us to provide services relating to your insurance or to a claim. On payment of a 10 fee you are entitled to receive a copy of the information we hold about you. If you have any questions, or you would like to find out more about this you can write to the Data Protection Officer at Enterprise Insurance Company Plc. Our address is shown below. Information on products and services We may use the details you have provided to send you information about our other products and services or to carry out research. We may contact you by letter, telephone or . Please be reassured that we will not make your personal details available to any companies other than those that are contracted by us to provide services relating to your insurance with us. If you would prefer not to receive information from us or those companies who provide services on our behalf, simply write to us: Enterprise Insurance Company Plc. R22-R24 Ragged Staff Wharf Queensway Quay Gibraltar GX11 1AA 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 purposes not limited to but including: (a) Electronic Licensing; (b) Continuous Insurance Enforcement; (c) Law enforcement (prevention, detection, apprehension and or prosecution of offenders); (d) 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 correct registration number. If it is incorrectly shown on the MID you are at risk of having the insured vehicle seized by the Police. you can check that your correct registration number details are shown on the MID at you can find out more about the MID by visiting the MIB web site at you should show these notices to anyone insured to drive the vehicle(s) covered under this insurance DVLA MyLicence The MyLicence programme will give insurers access to accurate data from the Driver and Vehicle Licensing Agency ( DVLA ) on motoring entitlements, convictions, and penalty points when providing quotes for insurance policies. 1. Insurance underwriting purposes MyLicence is used for insurance underwriting purposes i.e. to examine the potential risk in relation to your (and/or a third party s) prospective policy so that we can: 7

8 provide your (or any person included on the proposal form or statement of fact) Driving Licence Number ( DLN ) to the DVLA to confirm your (or the relevant person included on the proposal) licence status, entitlement and relevant restriction information and endorsement/conviction data. Searches may be carried out prior to the date of the insurance policy and at any point throughout the duration of your insurance policy including at the midterm adjustment and renewal stage. A search of the DLN with DVLA should not show a footprint against your (or another relevant person included on the proposal form or statement of fact) driving licence. search your (or any person included on the proposal form or statement of fact) No Claim Discount details against a No Claim Discount database ( NCD ) to obtain information in relation to your No Claim Discount entitlement. Such searches may be carried out against your (or the relevant person included on the proposal form or statement of fact) DLN, name, date of birth, Vehicle Registration Mark VRM and or postcode. A search of the DLN against the NCD should not show a footprint against your (or another relevant person included on the statement of fact) driving licence. searches may be carried out at a point of quote and if an insurance policy is incepted at the renewal stage. 2. Anti-fraud purposes Anti-fraud purposes i.e. to detect and prevent fraudulent claims and/or activities by: Undertaking searches against your (or any person included on the proposal form or statement of fact) DLN against details held by the DVLA to confirm your licence status, entitlement and restriction information and endorsement/conviction data. This helps insurers check information to prevent fraud and reduce incidences of negligent misinterpretation and non-disclosure. A search of the DLN with the DVLA should not show a footprint against your (or another relevant person included on the proposal form or statement of fact) driving licence search your (or any person included on the proposal form or statement of fact) No Claim Discount details against a No Claim Discount database ( NCD ) to obtain information in relation to your No Claim Discount entitlement. Such searches may be carried out against your (or the relevant person included on the proposal form or statement of fact) DLN, name, date of birth, Vehicle Registration Mark ( VRM ) and or postcode. A search of the DLN against the NCD should not show a footprint against your (or another relevant person included on the proposal form or statement of fact) driving licence. Your personal data will not be used for marketing. It will only be shared within organisations involved with the administration of your insurance policy or as otherwise set out in this Data Protection Notice. We will pass details of your No Claim Discount to certain organisations to be recorded on a NCD database. This will occur if information requires updating or correcting at any stage, and also at the renewal stage of your policy and upon or after the cancellation of your policy prior to the expiry date. For details relating to information held about you by the Driver and Vehicle Licensing Agency ( DVLA ) please visit Fraud prevention, detection and claims history Under the conditions of your policy you must tell us about any insurance related incidents (such as fire, water damage, theft or an accident) whether or not they give rise to a claim. When you tell us about an incident we will pass information relating to it to industry databases. We may search these databases when you apply for insurance, in the event of any incident or claim, or at time of renewal to validate your claims history or that of any other person or property likely to be involved in the policy or claim. In order to prevent and detect fraud we may at any time: share information about you with other organisations and public bodies including the Police; 8

9 check and/or file your details with fraud prevention agencies and databases, and if you give us false or inaccurate information and we suspect fraud, we will record this. We and other organisations may also search these agencies and databases to: o help make decisions about the provision and administration of insurance, credit and related services for you and members of your household; o trace debtors or beneficiaries, recover debt, prevent fraud and to manage your accounts or insurance policies; o check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity; undertake credit searches and additional fraud searches. Industry agencies and databases We pass information to the Claims and Underwriting Exchange Register (CUE), run by Insurance Database Services Ltd. (IDS Ltd.) and the Motor Anti-Fraud and Theft Register (MIAFTR), run by the Association of British Insurers (ABI). The aim is to help us to check information provided by you and also to prevent fraudulent claims. These registers may be searched in considering any application for insurance in connection with this policy. We will pass any information relating to any incident (such as an accident or theft), which may or may not give rise to a claim under this policy and which you have to notify us of in accordance with the terms and conditions of this policy, to the relevant registers. Other insurers We may pass information about you and this policy to other insurance companies with which we either reinsure our business or who are dealing with a claim made under this policy. In addition, information may be passed to other insurance related organisations in common with industry practice. These companies will usually be located in countries inside the European Economic Area ( EEA ). Where information is passed to companies outside of the EEA, we will make sure they comply with the same standards of data security as though they were located inside the EEA. Your insurance intermediary In the event that we are unable to continue to trade with your insurance intermediary because they have ceased to trade through bankruptcy or liquidation or in the event that their relevant FCA authorisation is revoked we reserve the right to pass your policy and all details on to another intermediary. If you do not wish this to happen then please put your request in writing to us. Definitions The words or expressions detailed below have the following meaning wherever they appear in this policy. Accessories Parts added to the insured vehicle that do not affect its performance. Approved costs Such costs as may be incurred by you with our approval which arise solely and directly from the misfuelling of an insured vehicle by you or an insured driver and which are set out in this policy. Audio equipment Permanently fitted radios, cassette, compact disc, MP3/4 or DVD players, telephones, CB radios and audio, visual, communication and navigation equipment. This does not include portable items (such as radar detection equipment, personal digital assistants, or portable GPS navigators, mobile phones, smart phones, ipods and e-book readers and any other portable digital, optical, audio and video media players or similar and/or their accessories). Cassette tapes, compact discs or DVDs are not included within this definition. Certificate of motor insurance A document, which is legal evidence of your insurance and is required by law and forms part of this contract of insurance. The certificate of motor insurance must be read with this policy wording. It shows who can drive the insured vehicle and what purpose it can be used for. 9

10 Date of occurrence The date when misfuelling took place. Endorsement A change in the terms of the insurance which replaces the standard insurance wording, and is printed on, or issued with, the schedule or a revised schedule. Excess An amount you have to pay towards the cost of a claim under this insurance. An amount which is not covered by your insurance. You are responsible for the excess even if the incident is not your fault. You have to pay this amount regardless of the circumstances leading to the claim. If you report a claim to our appointed claims service provider within 2 hours of the time of the accident, we will reduce your compulsory excess in respect of accidental damage, fire or theft by up to 50% subject to a maximum reduction of 250. This does not apply to glass/windscreen claims. Flushing/flushed The washing through of the insured vehicle s fuel lines and filters to remove residue of the incorrect fuel which has the potential to further damage the engine. Geographical limits The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. Please also see section 10 Foreign use of the insured vehicle for further details on use of the insured vehicle outside of the geographical limits. Hazardous goods Explosive substances and articles, gases, flammable liquids, flammable solids, self-reactive substances and solid desensitised explosives, substances liable to spontaneous combustion, substances which emit flammable gases on contact with water, oxidizing substances, organic peroxides, toxic substances, infectious substances, radioactive material or corrosive substances. Insurance intermediary - the intermediary, who has placed this insurance with us, acting on your behalf as your agent and through whom all matters concerning this insurance are handled. Insured vehicle Any vehicle shown in the schedule or described in the current certificate of motor insurance and your schedule (and under section 1 only, an attached caravan or trailer). The vehicle must not weigh more than 3.5 tonnes GVW (Gross Vehicle Weight). Any vehicle supplied to you under an agreement between us and our approved repairer whilst the insured vehicle is being repaired by our approved repairer as a direct result of damage covered by this policy, unless cover is provided by the approved repairer s own insurance policy. Insured vehicle includes accessories which are permanently fitted to the insured vehicle but does not include any item of sound reproduction, communications, navigation or in vehicle entertainment equipment other than audio equipment as defined above. The insured vehicle is the subject matter of this contract of insurance. Limit of liability The maximum amount that we will pay for any misfuelling incident is specified in the policy schedule. The number of incidents of misfuelling is limited to two in any one period of insurance. Market value The cost of replacing your insured vehicle as far as may be practical with a vehicle of similar make, model, age and condition (including similar mileage). In order to determine the market value, we will use Glass s Guide with allowances being made for mileage, condition and use of the insured vehicle. If no guide value exists, we shall rely upon an independent valuation by an assessor or engineer of our choice, whose valuation will be based on the best assessment of the pre-accident condition of insured vehicle, or in the event that the insured vehicle or its remains are unavailable for inspection, upon the 10

11 relevant insured vehicle documentation (including MOT certificate, purchase and service documentation). Misfuel provider The service provider that we appoint to assist you in respect of the insured vehicle that has been misfuelled. Misfuelled/ misfuelling Putting petrol in the fuel tank of a diesel engine vehicle, or diesel in the fuel tank of a petrol engine vehicle but excluding the use of the wrong grade of the same fuel. Period of insurance The period of time covered by this insurance (as shown in the schedule) and any further period we accept your premium for. Proposal form The application for insurance and declaration completed by you or on your behalf. We have relied on the information provided on this form in entering into this contract of insurance. If there are any alterations to the facts shown in this form you should inform your insurance intermediary as soon as possible. Recovery The collection of the insured vehicle and transporting it to a vehicle repairer up to a maximum of 30 miles following a misfuelling incident, this will be limited to two people including you. If the recovery exceeds 30 miles then you will be charged for the extra mileage to transport you to the vehicle repairer. Road Any place which is a road for the purpose of any compulsory motor insurance law that operates in the United Kingdom. Schedule - the document showing the vehicle we are insuring and the cover which applies. Statement of fact The form that shows the information that you gave us or that was given on your behalf at the time you applied for insurance. We have relied on the information provided on this form in entering into this contract of insurance. If there are any alterations to the facts shown in this form you should inform your insurance intermediary as soon as possible. Terrorism Terrorism as defined in the Terrorism Act 2000, or subsequent Acts. Trailer A trailer, semi-trailer or container used for carrying goods but which cannot be driven itself. Vehicle repairer The garage or workshop selected and/or approved by the misfuel provider to which the insured vehicle is taken to drain and flush. We, us, our, insurer Means Enterprise Insurance Company Plc. You, Your The person named as the insured in the schedule, or as the policyholder in any certificate of motor insurance or renewal notice applying to this insurance. Cover The cover you have 11

12 Your schedule shows you what cover you have. The different types of cover are listed below. Find the cover you have and see the sections that apply. Comprehensive (shown as COMP) all sections apply. Third party, fire and theft (shown as TPFT) sections 1, 3, 9, 10 and 11 apply. Third party only (shown as TPO) sections 1, 10 and 11 apply. The general terms, conditions and exceptions apply to all sections of the insurance. Section 1 - Liability to other people Use of the insured vehicle We will cover the categories of people listed below for their legal liability for death, bodily injury or damage to property arising out of the use of the insured vehicle. You, and any person permitted to drive the insured vehicle under the certificate of motor insurance who is driving with your permission any passenger in the insured vehicle any person using (but not driving) the insured vehicle for social domestic and pleasure purposes with your permission your employer or business partner in the event of an accident occurring while the insured vehicle is being used for the business of your employer or business partner as long as your certificate of motor insurance allows such business use the legal representatives of any person who would have been covered under this section Third party property damage limit The cover provided for damage to property is limited to 20,000,000 in respect of any one occurrence or series of occurrences arising out of one event. Legal defence costs If we give you written permission beforehand we will pay: solicitors fees for representing you at any fatal accident enquiry, Coroner s, Magistrates or similar court the reasonable cost of legal services to defend you against a charge of manslaughter or causing death by careless or inconsiderate driving or dangerous or reckless driving. We will only pay the legal representation costs incurred in defending you, following any third party claims made against you and only if they arise from an accident that is covered under this insurance. Emergency medical treatment We will pay emergency medical treatment charges required by the Road Traffic Acts. If this is the only payment we make, it will not affect your no claim discount. Exceptions to Section 1 We shall not be liable: if the person claiming is otherwise insured; for loss or damage to property belonging to or in the care of any person insured under this section or for not being able to use any such property; for damage to the insured vehicle or property in it or being conveyed in it or on it and for not being able to use any such property; for loss or damage to any trailer or caravan being towed by the insured vehicle or for not being able to use any such trailer or caravan; if death of or bodily injury to any person covered under this section arises out of or in the course of his/her employment except where such liability must be covered under the Road Traffic Acts; or 12

13 for death or bodily injury to any person being carried in or on any trailer or caravan; if a person who was not driving makes a claim and he/she knew that the person driving did not hold a valid driving licence; for legal costs if the person claiming such costs has previously been convicted of any offence for manslaughter or causing death by reckless or dangerous driving; for death injury or damage arising while the insured vehicle is not on a public road and is in the process of being loaded or unloaded by any person other than the driver or attendant of the insured vehicle; for loss, damage or liability resulting from releasing a vehicle that has been seized by the police; any loss, damage or liability when the insured vehicle is taken outside of Great Britain, Northern Ireland, the Isle of Man, or the Channel Islands for any reason other than a visit of no more than 30 days in any one trip and 60 days in total in any one period of insurance. Section 2 Loss of or damage to the insured vehicle This section only applies if the cover shown on your schedule is comprehensive. We will cover you against loss or damage to the insured vehicle (less any excess that applies) caused accidentally or as a result of malicious damage or vandalism. Loss or damage more specifically covered under Section 3 of this policy is excluded. Cover also applies under this section while the insured vehicle is in the custody of a member of the motor trade for servicing or repair. Under this section we may either: pay for the damage to be repaired; or with your agreement provide a replacement vehicle; or pay an amount of cash equivalent to the loss or damage. The most we will pay is the lower of: the market value of the insured vehicle immediately before the loss; the cost of repairing the insured vehicle. If the insured vehicle was not first registered from new in the United Kingdom we will not pay more than the purchase price paid by you at the time that you purchased the insured vehicle. If the insured vehicle is the subject of a hire purchase agreement, finance or leasing agreement, any payment will be made to the owner described in that agreement whose receipt shall be a discharge of any claim under this section. If the insured vehicle is deemed to be beyond economical repair the damaged vehicle becomes our property once a claim is met under the policy. You must send us the vehicle registration document, MOT certificate and the certificate of motor insurance for the insured vehicle before we are able to meet the claim. If the insured vehicle is a total loss and we have agreed to compensate you under the policy, but the amount to be paid cannot be agreed between us, an independent engineer shall be appointed by us to decide the amount to be paid to you. The independent engineer s decision will be binding upon you and upon us. Repairs Repairs are normally undertaken by our approved repairer. Where the insured vehicle is repaired by our approved repairer the benefits you receive can include: replacement vehicle provided whilst the insured vehicle is being repaired. The vehicle provided will be a commercial vehicle, limited to a maximum of 3.5 tonnes GVW (Gross Vehicle Weight). Please note the precise type will be subject to availability all repairs guaranteed for the duration of the manufacturer s warranty or 3 years, whichever is greater 13

14 If you choose to use an alternative repairer: we will not guarantee the work after you have signed a customer satisfaction note and the insured vehicle has been returned to you by the repairer; and we will not pay more than the cost of repairs had the work been undertaken by our approved repairer. In these circumstances we may at our option settle the claim for repairs to the insured vehicle by making a cash payment for the amount quoted by our approved repairer less the excess which applies to the claim. If you decide not to use our approved repairer and the cost of repairs from the repairer you chose is more expensive than our approved repairer you will be liable to pay the additional costs. Your insurance intermediary should make you aware of this before you enter into any arrangements with them for the repair of the insured vehicle. Parts and unavailable parts If parts required for repairing the insured vehicle are not available in the United Kingdom our liability for those parts shall not exceed the manufacturers last United Kingdom list price or if not listed the price of those parts for the nearest comparable vehicle available in the United Kingdom. We will not pay the cost of importing parts that are not available in the United Kingdom. In these circumstances, we may, at our discretion, decide to pay you cash in lieu of the estimated cost of repairing the insured vehicle. We may at our option use parts that have not been supplied by the original manufacturer to repair the insured vehicle. These parts will be subject to the approved repairer s guarantee. Where the insured vehicle is damaged to the extent that using new parts will make it uneconomical to repair, we may at our option ask you if you are willing to have the insured vehicle repaired with second hand parts. This will be at your option and only to prevent the insured vehicle from being declared a total loss. We will not pay the cost of any repair or replacement which improves the insured vehicle or its accessories to a better condition than they were in immediately before the loss or damage. If this does happen you may be asked to make a contribution towards the cost of repair or replacement. You may be required to contribute to the cost of replaced items such as, but not restricted to, exhausts or tyres, trim and mechanical or electrical components. Protection and recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay:- the cost of its protection and removal to the nearest approved repairer, competent repairer or place of safety; the reasonable cost of re-delivery to your home or business address within the United Kingdom after the completion of repairs; the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is considered to be damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing, which may be our approved salvage agent. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer or place of safety at any time in order to keep the cost of the claim to a minimum. Audio equipment If this equipment forms part of the original vehicle specification and was fitted by the vehicle manufacturer or their authorised dealer at the time the insured vehicle was first registered from new, we will pay for the repair or replacement, after the deduction of any excess. We will pay up to 500 subject to the deduction of any excess, for any audio equipment that was not part of the insured vehicle when it was originally manufactured or has been subsequently fitted to the insured vehicle. In the event that the cost of replacing or repairing any audio equipment exceeds the market value of the insured vehicle, the most we will pay under this section will be the market value of the insured vehicle. 14

15 Vehicle salvage/retention Under certain circumstances we may allow you to retain the insured vehicle as salvage following a total loss claim. This will be at our sole discretion and based on criteria applying at the time the insured vehicle is deemed to be a total loss. Excess You will be responsible for paying the amount shown on the schedule in respect of any claim relating to loss of or damage to the insured vehicle. If you report an accident or incident to our appointed claims service provider within 2 hours of the time of the incident, we will reduce your compulsory excess, in respect of accidental damage, by up to 50% subject to a maximum reduction of 250. (This does not include glass/windscreen claims). Section 3: Loss of or damage to the insured vehicle by fire or theft This section only applies if the cover shown on your schedule is either comprehensive or third party fire and theft. We will cover you against loss of or damage to the insured vehicle (less any excess that applies) caused by fire, lightning, self ignition, explosion, theft or attempted theft. Cover also applies under this section while the insured vehicle is in the custody of a member of the motor trade for servicing or repair. Under this section we may either: pay for the damage to be repaired; or with your agreement provide a replacement vehicle; or pay an amount of cash equivalent to the loss or damage. The most we will pay is the lower of: the market value of the insured vehicle immediately before the loss; or the cost of repairing the insured vehicle. If the insured vehicle was not first registered from new in the United Kingdom we will not pay more than the purchase price paid by you at the time that you purchased the vehicle. If the insured vehicle is the subject of a hire purchase agreement, finance or leasing agreement, any payment will be made to the owner described in that agreement whose receipt shall be a discharge of any claim under this section. If the insured vehicle is stolen and has not been recovered at the time of settlement, or regardless of the type of loss or damage is deemed to be beyond economical repair the damaged vehicle becomes our property once a claim is met under the policy. You must send us the vehicle registration document, MOT certificate and the certificate of motor insurance for the insured vehicle before we are able to meet the claim. If the insured vehicle is a total loss and we have agreed to compensate you under the policy, but the amount to be paid cannot be agreed between us, an independent engineer shall be appointed by us to decide the amount to be paid to you. The independent engineer s decision will be binding upon you and upon us. Repairs Repairs are normally undertaken by our approved repairer. Where the insured vehicle is repaired by our approved repairer the benefits you receive can include: replacement vehicle provided whilst the insured vehicle is being repaired. The vehicle provided will be a commercial vehicle, limited to a maximum of 3.5 tonnes GVW (Gross Vehicle Weight). Please note the precise type will be subject to availability 15

16 all repairs guaranteed for the duration of the manufacturer s warranty or 3 years, whichever is greater If you choose to use an alternative repairer: we will not guarantee the work after you have signed a customer satisfaction note and the insured vehicle has been returned to you by the repairer; and we will not pay more than the cost of repairs had the work been undertaken by our approved repairer. In these circumstances we may at our option settle the claim for repairs to the insured vehicle by making a cash payment for the amount quoted by our approved repairer less the excess which applies to the claim. If you decide not to use our approved repairer and the cost of repairs from the repairer you chose is more expensive than our approved repairer you will be liable to pay the additional costs. Your insurance intermediary should make you aware of this before you enter into any arrangements with them for the repair of the insured vehicle. Parts and unavailable parts If parts required for repairing the insured vehicle are not available in the United Kingdom our liability for those parts shall not exceed the manufacturers last United Kingdom list price or if not listed the price of those parts for the nearest comparable vehicle available in the United Kingdom. We will not pay the cost of importing parts that are not available in the United Kingdom. In these circumstances, we may, at our discretion, decide to pay you cash in lieu of the estimated cost of repairing the insured vehicle. We may at our option use parts that have not been supplied by the original manufacturer to repair the insured vehicle. These parts will be subject to the approved repairer s guarantee. Where the insured vehicle is damaged to the extent that using new parts will make it uneconomical to repair, we may at our option ask you if you are willing to have the insured vehicle repaired with second hand parts. This will be at your option and only to prevent the insured vehicle from being declared a total loss. We will not pay the cost of any repair or replacement which improves the insured vehicle or its accessories to a better condition than they were in immediately before the loss or damage. If this does happen you may be asked to make a contribution towards the cost of repair or replacement. You may be required to contribute to the cost of replaced items such as, but not restricted to, exhausts or tyres, trim and mechanical or electrical components. Protection and recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: the cost of its protection and removal to the nearest approved repairer, competent repairer or place of safety; and the reasonable cost of re-delivery to your home or business address in the United Kingdom after the completion of repairs; and the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is considered to be damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing, which may be our approved salvage agent. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer or place of safety at any time in order to keep the cost of the claim to a minimum. Audio equipment If this equipment forms part of the original vehicle specification and was fitted by the vehicle manufacturer or their authorised dealer at the time the insured vehicle was first registered from new, we will pay for the repair or replacement, after the deduction of any excess. We will pay up to 500 subject to the deduction of any excess, for any audio equipment that was not part of the insured vehicle when it was originally manufactured or has been subsequently fitted to the insured vehicle. 16

17 In the event that the cost of replacing or repairing any audio equipment exceeds the market value of the insured vehicle, the most we will pay under this section will be the market value of the insured vehicle. Vehicle salvage/retention Under certain circumstances we may allow you to retain the insured vehicle as salvage following a total loss claim. This will be at our sole discretion and based on criteria applying at the time the insured vehicle is deemed to be a total loss. Excess You will be responsible for paying the amount shown on the schedule in respect of any claim relating to loss of or damage to the insured vehicle. If you report an accident or incident to our appointed claims service provider within 2 hours of the time of the incident, we will reduce your compulsory excess, in respect of, fire or theft by up to 50% subject to a maximum reduction of 250. (This does not include glass/windscreen claims). Exceptions to Sections 2 and 3: These sections of your insurance policy do not cover the following: the amount of any excess shown on the schedule or in this policy wording or both; any amount greater than 500 in respect of any one occurrence for loss or damage caused to audio equipment permanently fitted to the insured vehicle if this audio equipment does not form part of the original manufacturer s specification. This amount is also subject to the deduction of any excess shown on the schedule, this policy wording or both; VAT if you are VAT registered; indirect losses, which result from the incident that caused you to claim. For example we will not pay compensation for you not being able to use the insured vehicle; wear and tear, mechanical or electrical breakdown including failure of any equipment, integrated circuit, computer chip, computer software or computer related equipment and failure or breakages of any part due to application of brakes or road shocks; depreciation or loss of value following repairs; loss of or damage to the insured vehicle arising from the insured vehicle being taken by a person: 1) who is not permitted to drive under the certificate of motor insurance, and 2) who is also your employee or a member of your family or household or in a close personal relationship with you or your family or household unless you prove that the person intended to permanently deprive the owner of the insured vehicle; loss suffered due to any person obtaining any property by fraud or deception, for example a purchaser s cheque not being honoured by their bank; loss or damage to the insured vehicle where possession of it is gained by deception on the part of someone pretending to be a buyer or someone pretending to act on behalf of a buyer; loss or damage caused by pressure waves from aircraft or any flying object; any theft, loss of or damage to keys, keyless entry cards, lock or ignition activators, alarm or immobiliser activators; unless specifically covered under Section 9 of this policy. repairs, re-programming or replacement of any component, including locks on the insured vehicle, consequent upon the theft, loss of or damage to the vehicle s keys, keyless entry cards, lock or ignition activators or alarm or immobiliser activators, unless specifically covered under Section 9 of this policy. loss of or damage to the insured vehicle and/or audio equipment while you are not in the insured vehicle arising from theft or attempted theft when: 1. ignition keys, or any other device which unlocks and/or starts the insured vehicle, have been left in or on the insured vehicle, or 2. the insured vehicle has not been secured by means of all door locks, or 3. any window or any form of sliding or removable roof or hood have been left open or unlocked; confiscation, requisition or destruction by or under the order of any Government or Public or Local Authority; the cost of sign-writing, advertisements, logos or specialist paintwork; 17