Expect to understand your Tailored Loan Coverage
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- Jayson Adams
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1 Expect to understand your Tailored Loan Coverage POLICY WORDING The following is a Summary and Guide to the provisions of the Master Policy between Sovereign Assurance Company Limited (Sovereign) and TSB Bank Limited (the Bank). (Copies of the Master Policy are available from the Service Centre of TSB Bank Limited or Sovereign Assurance Company Limited.) In the case of any discrepancy between these details and the Master Policy the provisions of the Master Policy shall prevail. Definitions In this Certificate of Cover the following definitions shall apply. Accident means bodily injury suffered by the Life Insured and caused solely and directly by violent accidental external and visible means resulting (within twelve (12) calendar months of sustaining such bodily injury) independently of any other cause in total and continuous disablement which prevents the life insured from engaging in or attending to their usual business or occupation or any other occupation for which the Life Insured is fitted by education, training or experience as certified by a registered medical practitioner for not less than twenty eight (28) consecutive days. Accrued Interest means the unpaid interest which has accrued on a Loan up to the date of death of a Life Insured. Application means an application for insurance cover under the Master Policy. GADGET 8049 DATE 02/15
2 Bankruptcy means an adjudication of bankruptcy in terms of the Insolvency Act 2006 and regulations made thereunder or under any act or regulations in replacement thereof. Benefits means benefits payable under the Master Policy. Borrower means each person who has entered into a loan agreement with the Bank whether as a borrower or except in the case of a commercial loan, as a covenantor, who has completed an Application. Certificate means a Certificate of Cover issued by Sovereign pursuant to the Master Policy and including a copy of the Application. Commencement Date means in respect of cover for a Life Insured the date of commencement of the Life Insured s cover, being the later of the acceptance date of the Life Insured s Application or the Loan Date. Cover means in respect of a Life Insured, the insurance protection provided on the life of such Life Insured as detailed in this Certificate. Further Loan Advance means in respect of a Life Insured any advance subsequent to the first advance of a Loan that may be made under a revolving credit facility but still less than the Maximum Sum Insured. Illness means total and continuous disablement caused solely and directly by any illness which shall require regular treatment by a registered medical practitioner and which prevents the Life Insured from engaging in or attending to usual business or occupation or any other occupation for which the Life Insured is fitted by education, training or experience for not less than twenty eight (28) consecutive days. Life Insured/Lives Insured means each person who has entered into an agreement for the grant of a Loan by the Bank who has applied for cover which has been accepted by Sovereign. Loan means a loan which has been granted to a Borrower by the Bank, as evidenced by a mortgage document secured over the property for which the loan has been acquired, for a term no greater than the Maximum Loan Term and for an amount no greater than the Maximum Sum Insured for the Death Benefit and Total Permanent Disablement Benefit and with a Loan Payment amount which does not exceed the Maximum Sum Insured for the Accident and Illness Benefit and Redundancy and Bankruptcy Benefit. Loan Agreement means an agreement entered into between a Borrower and the Bank recording the terms of a loan. Loan Balance means the unpaid principal balance of a Loan, excluding unpaid Loan interest and any unused credit of a revolving credit facility. Loan Date means the date the proceeds of a fixed term Loan are paid to the Borrower and an irrevocable indebtedness is created or the date of an advance on a revolving credit facility. Loan Payment means an instalment of principal and/or interest on a Loan as required by the terms of a Loan Agreement. Such Payment shall be calculated for the purposes of the Master Policy so as to be sufficient to repay the Loan Balance over the remaining term of the Loan. Master Policy means the Master Policy of insurance entered into between the Bank and Sovereign pursuant to which insurance cover is provided to Borrowers from the Bank. Maximum Loan Term means 30 years. Maximum Sum Insured means $750,000 in relation to the Death Benefit and Total Permanent Disablement Benefit and, means $90,000 per annum in relation to the Accident and Illness Benefit and Redundancy and Bankruptcy Benefit. Redundancy means loss of employment (other than by dismissal or resignation) suffered by the Life Insured as a result of the position of employment becoming 3 4
3 superfluous to the needs of the employer by reason of rationalisation, decrease in business activity, change in method of operation, or other like cause requiring a permanent reduction in the number of employees on other than a casual, temporary or seasonal basis and as evidenced in writing by the employer. Redundant shall have an equivalent meaning. Total Permanent Disablement or Totally Permanently Disabled means; (a) in relation to a Life Insured who is employed for more than 20 hours per week and has been absent from his or her usual employment due to illness or injury for a period of six consecutive months, and is not currently employed elsewhere, and (i) has become incapacitated to such an extent as to prevent the Life Insured from ever working in any gainful employment for which he or she is reasonably suited by education training or experience, or (ii) has suffered the loss of use of two limbs, or the sight of both eyes, or the loss of use of one limb and the sight of one eye (where a limb is defined as the whole hand or the whole foot), and (b) in relation to a Life Insured who is not employed or is employed for less than 20 hours per week, after consideration of medical and other appropriate evidence, Sovereign is satisfied that the Life Insured cannot at the date of the claim and is unlikely to be able to ever again perform at least three of five Activities of Daily Living without assistance from another person because of the effects of any sickness, or injury arising from an accident, which caused the disability. The five Activities of Daily Living are: (a) bathing and showering (b) dressing and undressing (c) eating and drinking (d) using a toilet to maintain personal hygiene (e) getting in/out of bed, a chair or wheelchair Who qualifies and how to apply Any Borrower from the Bank is eligible to apply for insurance under the Master Policy subject to the age limit qualifications set out below. Acceptance of such an Application is however solely at the discretion of Sovereign. A Borrower may apply for cover or for an increase in cover under the Master Policy by completing and forwarding an Application to Sovereign. Acceptance No Cover shall be provided pursuant to the Master Policy until an Application has been noted as Automatic Acceptance by the Bank or as Accepted by an authorised officer of Sovereign. Sovereign may if it so chooses request (at the expense of Sovereign) medical and other evidence from the Life Insured before any Application is noted as Accepted. In accepting any Application, Sovereign may apply such terms and conditions as it determines applicable and the Life Insured is prepared to accept provided however that if the parties are unable to agree to such terms and conditions Sovereign may decline the Application. Age Limit Qualifications An Application for Insurance will not be accepted under the Master Policy for any loan or Further Loan Advance if the Applicant is 65 years or older. A Life Insured s existing insurance under the Master Policy shall terminate on the seventieth (70th) birthday of the 5 6
4 Life Insured in respect of death and on the sixty-fifth (65th) birthday of the Life Insured in respect of Total Permanent Disablement, Accident, Illness, Redundancy or Bankruptcy. Before making payment to the Bank following the death of a Life Insured Sovereign will require a certified copy of the Life Insured s birth and death certificates, a copy of the Life Insured s Loan Account, this Certificate of Cover and a Discharge Form completed by the Bank. Period of cover provided Provided that the Life Insured has complied with all of the terms and conditions of the Master Policy, cover will continue until the earlier of the following: (a) The 70th birthday of the Life Insured in respect of death and the 65th birthday of the Life Insured in respect of Total Permanent Disablement, Accident, Illness, Redundancy or Bankruptcy; or (b) The date the Loan is repaid. Total Permanent Disablement Benefit In the event that a Life Insured is after the Commencement Date of the Cover under this Master Policy disabled for a period exceeding six (6) months and is in the opinion of Sovereign Totally Permanently Disabled, Sovereign will pay an amount equal to the insured Loan Balance as at the end of the six (6) month period up to a maximum of the Maximum Sum Insured plus up to six months Accrued Interest, unless the Loan has been written off, from the date of the last payment of principal or interest made to the date of disablement. Payment of premium Premiums for the Cover shall be at a rate as stipulated by Sovereign from time to time (see Can this Policy change? ) and shall be debited on a monthly basis from an account of the Life Insured with the Bank and shall be calculated on the basis of the amount of the Loan Balance outstanding at the time of the payment of the relevant monthly premium. Before making payment to the Bank following acceptance of the Total Permanent Disablement of a Life Insured the Company shall require evidence of such Total Permanent Disablement as it shall advise from time to time (including evidence to its satisfaction of the date of disablement or onset of the illness), a certified copy of the Life Insured s birth certificate, a copy of the Life Insured s Loan Account, the Certificate of Cover and a duly completed Discharge Form completed by the Bank. 7 Payment of claims All payments of claims under the Master Policy shall be paid to or as directed by the Bank. What payment will be made Death Benefit In the event of the death of a Life Insured, Sovereign will pay an amount equal to the insured Loan Balance up to a maximum of the Maximum Sum Insured as at the date of death plus up to six months Accrued Interest, unless the Loan has been written off, from the date of the last payment of principal or interest made to the date of death. Accident And Illness Benefit In the event that the Life Insured is after the Commencement Date disabled and has been disabled due to an Accident or Illness for a period exceeding twentyeight (28) days, Sovereign will pay an amount equal to the Loan Payment unless the Loan has been written off, for a period not exceeding twenty four (24) months or until the Life Insured is no longer disabled, whichever occurs sooner. Any such period of payment shall be made with effect from the beginning of the period of disability (but no earlier than the Commencement Date). 8
5 Redundancy and Bankruptcy Benefit In the event that the Life Insured has, after the Commencement Date, suffered Redundancy or Bankruptcy and has remained unemployed or bankrupt for a period exceeding twenty-eight (28) days, Sovereign will pay an amount equal to the Loan Payment, unless the Loan has been written off, for a period not exceeding three (3) months or until the Life Insured is no longer unemployed or bankrupt, whichever occurs first. Any such period of payment shall be made with effect from the beginning of the unemployment or Bankruptcy (but no earlier than the Commencement Date). Before making a payment under the Illness, Accident, or Redundancy and Bankruptcy Benefits, Sovereign shall require evidence of such Illness, Accident, Redundancy or Bankruptcy in such form as it shall require from time to time. Mis-stated age A Cover under this Policy will not be invalidated by a mis-statement of age. If a Life Insured has mis-stated his or her age to the Bank the amount of insurance provided under the Master Policy will be determined by his or her correct age. If on the date a Loan or Further Loan Advance is taken out the Borrower is older than the age limit specified no claim will be paid in respect of that Loan or Further Loan Advance and Sovereign will return the premium paid for the period in excess of the age limit in respect of that Loan or Further Loan Advance. If the Borrower is older than the age limit qualifications specified in the Age Limit Qualifications clause at the date of death, Total Permanent Disablement, Accident, Illness, Redundancy or Bankruptcy as the case may be, no claim will be paid and we will return the premium paid for the period in excess of the age limit. Joint borrowers If there is more than one Borrower under the terms of the Loan Agreement, then both Borrowers shall be entitled to be insured under this Master Policy PROVIDED HOWEVER THAT only one Benefit shall be payable at any time. Can this Policy change? It is Sovereign s normal business practice to review the terms and conditions of the product on a regular basis and in response to circumstances affecting the product such as law changes, an unexpected increase in claims or a public health threat such as a pandemic. Such a review may result in changes to the premium rate or benefit amounts, exclusions or limitations, for example. Any change will apply to all Tailored Loan Coverage insurance holders. Sovereign will give the Bank written notice of any proposed change at least 90 days before the change takes effect and the Life Insured will be given at least 30 days notice including an updated policy document. The Life Insured may cancel the Cover at any time (see Termination of cover ). Termination of cover A Cover in respect of a Life Insured or Lives Insured in case of joint Borrowers shall terminate on the first to occur of the following dates and no claim except for that (if any) arising out of the occurrence itself shall be payable: (a) Repayment of Loan and discharge of the security. (b) The date of death of a Life Insured. (c) The date a Total Permanent Disablement Benefit is paid. (d) The date of cancellation of the Cover at the written request of the Life Insured or the Bank. 9 10
6 (e) In respect of Total Permanent Disablement, Accident, Illness, Redundancy or Bankruptcy Benefits, the date on which the Life Insured attains the age of sixty-five (65) years. (f) In respect of Death Benefits, the date on which the Life Insured attains the age of seventy (70) years. (g) The date on which the Life Insured ceases to be a Borrower from the Bank. (h) Unless agreed otherwise by Sovereign and the Bank, the date this Master Policy is terminated, for example because of law or tax changes affecting the product or the sale of the product, and/or the product becoming unprofitable, and/or the end of the commercial relationship between Sovereign and the Bank. In that case, the Life Insured will be offered the option of alternative cover. Exclusions No benefit shall be payable in respect of any Total Permanent Disablement, Accident, Illness, Redundancy or Bankruptcy claim arising directly or indirectly from any of the following: (a) The consequences of intentional self-inflicted injury whether the Life Insured is sane or insane. (b) The consequences of war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, military or usurped power, or the active participation in riot or civil commotion. No benefit shall be payable in respect of any Accident or Illness claim arising from any medical or degenerative conditions existing prior to the Commencement Date if treatment or medical advice was received for the condition during the first 6 months of cover. No benefit shall be payable in respect of any Accident, Illness, Redundancy or Bankruptcy claim arising directly or indirectly from any of the following: (a) Alcohol or drug abuse or the taking of drugs other than when taken under the direction of a registered medical practitioner for a condition other than drug addiction. (b) The commission of any crime by the Life Insured. (c) Fertility or contraceptive treatment or the normal effects of pregnancy or childbirth. No Death Benefit shall be payable hereunder should the Life Insured commit suicide (whether sane or insane at the time) within thirteen (13) calendar months of the Commencement Date. No Redundancy Benefit shall be payable in respect of Redundancy caused by or resulting from: (a) Loss of employment, the occurrence of which was known or should have been known at the Commencement Date of the Cover; (b) Loss of employment resulting from a strike or labour dispute in which the Life Insured s employer is involved or in which the Life Insured is involved. (c) Voluntary Redundancy. No Benefits shall be payable in respect of that part of a Loan Balance attributable to any Further Loan Advance if a claim is made within the twelve (12) months immediately following the date of that Further Loan Advance by a Life Insured who is found to have known of a deterioration in his or her health at the date of the Further Loan Advance and which then resulted in a claim under this Master Policy
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