COMPREHENSIVE MOTOR VEHICLE LIABILITY INSURANCE

Transcription

1 COMPREHENSIVE MOTOR VEHICLE LIABILITY INSURANCE

2 TABLE OF CONTENTS TERMS AND CONDITIONS OF COMPREHENSIVE MOTOR VEHICLE LIABILITY INSURANCE A300/ Object Insured Insured event Release of RSA from Obligation to Comply with Insurance Contract Insurance Territory Sum Insured and Maximum Indemnity Excess Increase in Probability of Insured Risk Obligations of Policyholder RSA s Obligations and Rights Types of Indemnification Procedure for Indemnification Refunding Insurance Indemnity Jurisdiction Format of Notices Other Terms and Conditions Conflicts... 8

3 COMPREHENSIVE MOTOR VEHICLE LIABILITY INSURANCE TERMS AND CONDITIONS A300/2013 Effective as of Unofficial translation. In case of a dispute refer to comprehensive motor vehicle liability insurance terms and conditions in Estonian A300/2013

4 These terms and conditions are part of the comprehensive motor vehicle liability insurance contract entered into between the Estonian Branch of UAB DK PZU Lietuva (hereinafter RSA 1 ) and the policyholder. In any issues not regulated hereunder, the Parties to the insurance contract shall be governed by the Law of Obligations Act and other legislation. 1. Object Insured 1.1. The object insured is the car specified in the policy as it was before the first sale, and any additional equipment installed in the car after it was sold for the first time within the indemnity limit specified in the policy. The first sale shall mean the sale of the car to the end user for the first time Insured additional equipment shall be any entertainment, multimedia, navigation, communications and consumer equipment, auxiliary lamps, components changing the exterior and/or aerodynamics of the car, alloy wheels, additional bumpers and taxi equipment Kasko Pluss insurance also covers a safety seat or carry cot mounted in the car as well as a roof box, roof rack and bicycle rack secured to the car The object insured shall not include the following items which have been installed in the car after it has been sold for the first time: any equipment or parts intended for competing, racing or training; any equipment or parts that have been installed in violation of the law. 2. Insured event 2.1. Insured event is a sudden and unforeseen event specified in these Terms and Conditions that has happened to the policyholder or any other person equivalent to the policyholder pursuant to clause 8.1, in the course of which the object insured is damaged, destroyed or lost within the insurance cover period Insured events under Mini Kasko insurance: 1) accident; 2) vandalism; 3) theft Insured events under Kasko insurance: 1) accident; 2) vandalism, 3) theft; 4) RSA Roadside Assistance; 5) lease value insurance (in case of a special agreement specified in the policy); 6) new value insurance (in case of a special agreement specified in the policy); 7) replacement car (in case of a special agreement specified in the policy; 8) trailer insurance (in case of a special agreement specified in the policy); 9) luggage insurance (in case of a special agreement specified in the policy Insured events under Kasko Pluss insurance: 1) all risk insurance; 2) lease value insurance; 3) new value insurance; 4) replacement car; 5) rental car insurance; 6) technical failure; 7) RSA Roadside Assistance; 8) trailer insurance (in case of a special agreement specified in the policy); 9) luggage insurance (in case of a special agreement specified in the policy) Accident is damage to or destruction of the object insured resulting from external mechanical impact, traffic accident, natural disaster, fire (incl. smoke, carbon black and fireextinguishing operations) or explosion (incl. explosion of an explosive) Vandalism is intentional damage of the object insured by any third party Theft is the loss of or damage to the object insured or any parts thereof as a result of theft, unauthorised taking, robbery or attempt thereof Lease value insurance: if no indemnity is paid on the basis of new value insurance in case the car is destroyed, the amount of damage shall be the residual value of the lease contract immediately prior to the insured event if all the following conditions are concurrently met: the car has not been used during the insurance period as a taxi, operational, emergency vehicle or a security company patrol car; the car has been registered for the first time in Estonia; less than five years have passed since the first registration of the car; the residual value of the car leasing contract does not exceed EUR 35,000; the car's market value immediately prior to the insured event is smaller than the residual value of the leasing contract immediately before the insured event. The residual value of the leasing contract means only the schedule-based value of the car according to the leasing contract immediately prior to the insured event, which does not include any other possible monetary obligations of the lessee (e.g. overdue lease payments, interest, contractual penalty, costs and fees related to the contract) to the lessor Based on new value insurance, the first car sales price or the sales price of an equivalent new car as at making the indemnification decision shall be indemnified if all the following conditions are concurrently met: the car has been registered for the first time in Estonia. The registration of the car in the name of the car sales company shall not constitute the first registration if the total mileage covered by the car during the time it is in the company s possession does not exceed 10,000 kilometres; the car has not been used as a taxi, operational or emergency vehicle or a security company patrol car The option of using a replacement car shall arise only when and until the use of the insured car in road traffic is not allowed or objectively impossible after the insured event The use of the replacement car within one insurance period is allowed for a period of up 30 days In case of complete destruction of the car the replacement car can be used until the insurer has made the indemnification decision No replacement car shall be provided if the period of restoration of the car is shorter than 24 hours or if the extent of damage is smaller than the excess amount specified in the policy No replacement car shall be provided in case of theft, unauthorised taking or robbery of the car or providing RSA Roadside Assistance and in case of rental car insurance The replacement car shall be provided by RSA partner within a reasonable period of time at the place and time designated by RSA The policyholder shall enter into a replacement car use agreement with the company providing the replacement car, which shall be designated by RSA At the demand of RSA or the replacement car provider designated by RSA the replacement car shall be returned within 24 hours. The insured event under all risk insurance shall be any sudden and unforeseen damage to, loss or destruction of the car except for the events excluded in clause 2.17 (events that are not insured events and in which case the insurer shall be under no obligation to indemnify for * The commercial activities of Codan Forsikring A/S Estonia Branch (RSA Kindlustus), including all insurance contracts, have transferred in the course of the transfer of the enterprise to UAB DK "PZU Lietuva" Estonia Branch, which, following the transfer, will be entitled for a certain period of time to offer insurance products also under RSA's trade mark. 4/8

5 damage) In case of rental car insurance any damage caused as a result of an accident, vandalism or theft under these terms and conditions shall be indemnified by the policyholder who is a private person Rental car insurance shall be effective provided that the car specified in the insurance policy as the object insured does not enter road traffic within the rental car rent period A rental car shall be a vehicle of category M1 or M1G (pursuant to Estonian legislation), the rental period of which is no more than 30 days Rental car insurance shall not apply to vehicles rented in Estonia, Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, Belarus or Russia The indemnity limit per one insured event shall be EUR 16,000. Within the insurance period, damage arising from the insured event of up to three rental cars shall be indemnified In rental car insurance these insurance terms and conditions and any agreements specified in the insurance policy shall apply The rental car shall not be used for providing a commercial service or for driving practice One of the conditions of rental car insurance is that the rental company files a claim against the policyholder for the compensation of damages Any contractual penalties or late penalties arising from the rental contract shall not be indemnified The insured event with the rental car shall be reported to RSA within 30 days as of the insured event, otherwise RSA has the right to reduce the indemnity or refuse to pay the same The insured event in case of a technical failure shall be any sudden and unforeseen malfunction of the car engine, engine cooling system, engine control electronics, transmission, transmission cooling system, transmission control electronics, brake system or steering system. Restoration costs shall be indemnified only if all the following conditions are concurrently met: less than six years have passed from the first registration of the car until the time of insured event; good technical condition and smooth functioning of the car registered for the first time outside the Republic of Estonia has been confirmed by the Estonian distributor of the respective car manufacturer or a company approved by RSA. Such confirmation shall be provided in a format which can be reproduced in writing prior to the event of loss, but not earlier than 30 days before entry into force of the insurance contract; the actual mileage of the car at the time of technical failure does not exceed 130,000 km; the car has not been used as a taxi, operational, emergency vehicle or a security company patrol car; the car has undergone all necessary maintenance performed by a competent person and at the right time. If all of the conditions specified in clause 2.13and its subclauses are met, the expenses on disassembly, diagnostics and an expert opinion which are necessary for determining the cause and extent of the technical failure as well as the expenses on reassembly shall be indemnified. Otherwise or, if it is not the insured event due to technical failure, the car reassembly costs shall not be indemnified RSA Roadside Assistance provides first aid if a sudden and unforeseen event prevents further driving of the car, for example, a traffic accident or technical failure, driving off the road, a situation when the car is stuck in the snow or sand, has run out of fuel, a tyre has broken, the alarm system would function or the car would not start. RSA Roadside Assistance service is only provided if ordered over RSA's contact telephone. RSA Roadside Assistance shall drive the passengers who are in the car from the place of accident to their destination within the territory of Estonia Trailer insurance shall apply if the policyholder has selected such additional cover when entering into the insurance contract. Damage caused to the trailer as a result of the insured events specified in subclauses 1 and 2 of clause 2.3 and subclause 1 of clause 2.4 of these terms and conditions shall be indemnified under the following conditions: the trailer was connected to the car at the time of the insured event; the technical condition and equipment of the trailer meet the requirements provided for in legislation; damage caused to the luggage in the trailer shall be indemnified only provided that additional luggage insurance cover was selected at the time of entry into the insurance contract. The definition of luggage is provided in clauses 2.16 and of these terms and conditions; damage to the trailer shall be indemnified to the owner specified in the trailer's registration certificate; the trailer connected to the car met the requirements and restrictions established by the manufacturer of the car carrying the trailer Luggage insurance shall apply if the policyholder has selected such additional cover under the insurance contract. Damage caused by damage to or destruction of any personal effects (luggage) of the car possessor and passengers, which were in the car luggage compartment, as a result of the insured events specified in subclauses 1 to 3 of clause 2.3 and subclause 1 of clause 2.4 of these terms and conditions shall be indemnified under the following conditions: luggage shall not be money, securities, valuables, jewellery, documents (incl. photos, plans, drawings), electronic data carriers, photographic equipment, audio and video equipment, computer, mobile phones and mobile equipment or tools; in case of additional trailer insurance cover the luggage in the trailer shall be indemnified, except for damage caused as a result of theft or robbery; in case of theft of the luggage damage shall be indemnified only if the luggage was hidden in the locked car luggage compartment, Under these terms and conditions, the following shall not constitute an insured event and be subject to indemnification: damage which has occurred outside the insurance territory specified in the insurance policy; damage which has occurred as a result of theft or unauthorised use of the car (hereinafter unauthorised taking) if the car keys were in the car at the time of car theft or unauthorised taking. A key means any mechanical or electronic keys, cards, consoles and other similar equipment that are used for opening the doors of the insured car as well as for using the security and/or alarm equipment of the car; damage which is caused by theft or unauthorised taking of the car or insured parts thereof as well as insured luggage if the car was not locked or the car was not equipped with the anti-theft equipment required by RSA or if such equipment was not turned on or functional prior to the theft or unauthorised taking; expenses for maintenance, repair, washing and cleaning not connected with the insured event; damage if the technical condition of the car fails to comply with the requirements arising from the insurance contract and/or legislation; damage, if RSA has not been notified of the transfer of the car as required and the loss event occurs later than 30 days after the day when RSA should have received the corresponding 5/8

6 notice; damage caused by overloading the equipment in the car; expenses related to faster than usual delivery of car parts and any other work performed faster than usual; damage caused by substandard reconstruction of the car (incl. increase of power or chip tuning); damage caused by wear and tear of the car (including due to a theft or unauthorised taking of the car); damage caused by corrosion, mould or any other long winding processes; damage caused due to freezing; damage caused by water penetrating into the engine; damage caused due to inadequate or incorrect maintenance, wrong repairs and/or handling; damage caused to the fuel system (incl. highpressure pump and injection system) by poor quality fuel; damage resulting from an inadequate quantity or poor quality of oil, cooling liquid, brake and/or transmission fluid; damage due to a malfunction, error, damage, etc., which is repaired under warranty; damage related to a technical failure in the car's fuel system (incl. in the turbo and displacement compressor, intercooler, high-pressure pump and accumulator); in the exhaust system and exhaust treatment system (incl. the catalyst); in the climate control equipment (incl. the conditioner); and in the indicator, suspension system, a wheel bearing or brake disc, shoe or caliper); damage arising from a technical failure in case the failure is related to the modification of the car or any part thereof (incl. tuning); damage to tyres (except for damage caused by vandalism) if this has not resulted in any other damage to the car subject to indemnification; damage resulting from the fact that the policyholder has lost the possession of the car due to fraud, embezzlement or extortion, as well as any damage caused to the car during the said events; damage caused by robbery or theft or robbery of any parts removed or dismantled from car by the policyholder or while the policyholder was aware of this; damage caused by the theft or unauthorised taking of the car if all the car keys have not been submitted to RSA together with the request for indemnification; expenses for fuel which has leaked out of the car as a result of the theft or insured event; car art has been damaged as a result of the insured event; damage caused by using the car in competitions or training; damage resulting from driving the car in the areas not intended for traffic (landscape, shores, water, swampy areas, etc.) or beyond ice roads officially open for traffic; damage to the trailer occurred prior to connecting it to the car and after disconnecting it from the car; damage caused by the theft, unauthorised taking or robbery of the trailer, incl. the luggage in the trailer; damage resulting from war, civil war, invasion, terrorism, mass disturbances, revolution, coup d'état, strike, confiscation, seizure or lock-out; damage caused by nuclear energy; damage about which the car owner has become aware only after the possession of the car has been returned to the owner and of which exact circumstances RSA is unaware. 3. Release of RSA from Obligation to Comply with Insurance Contract RSA shall partly or fully be released from the obligation to comply with the insurance contract if: 3.1. the policyholder has intentionally or due to gross negligence violated at least one obligation stipulated in the insurance contract, and such violation has affected the occurrence or amount of damage or the determination of the extent of RSA's performance obligation; 3.2. the policyholder has failed to comply with the obligation to inform about changes in material risk circumstances; 3.3. the policyholder has knowingly provided RSA with false information on the circumstances or extent of damage; 3.4. damage has been caused with the policyholder s intention; 3.5. the person who has been driving the car was intoxicated or under the influence of narcotic or psychotropic substances at the time of the traffic accident; 3.6. the person driving the car refused to have his level of intoxication established immediately after the occurrence of damage or consumed the substances specified in clause 3.5 after damage has been caused; 3.7. the person, who drove the car at the time of the traffic accident, had no right to drive a vehicle of the respective category; 3.8. the policyholder aided and abetted a crime with the car. 4. Insurance Territory RSA shall pay indemnity only in the insured events that have occurred in the countries specified in the policy. 5. Sum Insured and Maximum Indemnity 5.1. The sum insured shall be the market value of the car in Estonia immediately before the occurrence of the insured event. When determining the sum insured, the cost of any additional accessories mounted on the car after the car was sold for the first time shall not be taken into account The maximum indemnity of any additional accessories mounted on the car after it has been sold for the first time, luggage insurance and trailer insurance are specified in the policy The sum insured shall not decrease by indemnity or indemnities paid. 6. Excess 6.1. Excess means the part of damage specified in the insurance contract and applicable in each insured event, which RSA shall not indemnify If at the time of the traffic accident the person driving the car was under 24 years of age and he was not specified in the policy issued to the policyholder, who is a private person, as the primary user of the car, the amount of excess applicable shall be doubled. The above-mentioned shall not apply in case the policyholder is a legal person Window pane repair and replacement costs shall be indemnified without applying excess unless otherwise specified in the policy. A sunroof or glazed roof shall not be considered a windowpane In case of Kasko Pluss insurance any damage caused due to the collision with a wild animal shall be indemnified without applying excess. Excess shall apply to the indemnification of damage related to preventing the collision with a wild animal In case of Kasko insurance double excess shall be applied if the car is repaired, restored or replaced outside Estonia In case of Kasko Pluss insurance the costs of replacing the keys due to the loss thereof (incl. theft or robbery) shall be indemnified without applying excess. 7. Increase in Probability of Insured Risk 7.1. The policyholder shall immediately notify RSA of the increase in the probability of the insured risk unless it has been caused by a commonly known circumstance that has affected the insured risk of other insurers as well After entry into the insurance contract, the policyholder 6/8

7 may not increase the insured risk or permit persons for whom they are responsible to do so without RSA s consent Should the policyholder breach the notification obligation or the obligation to avoid increase in the insured risk, RSA shall be released from the obligation to perform the insurance contract if the insured event occurs a month after RSA should have received the notice, unless RSA knew or should have known about increase in the probability of the insured risk at the time they should have received the notice or should have been aware of it Circumstances, which increase the probability of the insured event or the amount of damage that could be caused, shall be considered to be circumstances, which increase insured risks. The policyholder may not increase the insured risk without RSA s consent Material circumstances increasing insured risks shall be, first and foremost, transfer of the car, deletion of the car from the traffic register, change in the use (ordinary use) of the car, malfunctions in the locking systems or anti-theft equipment of the car, loss of car keys or registration documents or parts thereof or change of the primary user of the car specified in the policy, etc. The ordinary use of the car shall not include rental (except lease if the policyholder is also the lessee), provision of taxi services with the car or use of the car as a vehicle for driving practice, an emergency vehicle or a patrol vehicle of a security company During the insurance period, RSA shall be entitled to inspect the object insured. In the event of an increase in the insured risk, they shall be entitled to request that the policyholder take additional security measures and/or to increase insurance premiums. This shall not exclude RSA s right to cancel the insurance contract. 8. Obligations of Policyholder 8.1. Persons equivalent to the policyholder include beneficiaries, legal possessors of the car and persons to whom the legal possessor of the car has voluntarily given permission to drive the car as well as family members of the above persons. The policyholder shall be responsible for the conduct of such persons in performing the obligations arising from the insurance contract as they are for their own conduct The policyholder shall: explain the obligations arising from the insurance contract to the person to whose possession or use they transfer the car; enable the representative of RSA to examine the condition and documents of the car; when leaving the car: 1) close all its doors, windows and hatches and the roof of a convertible car; 2) lock the car and activate anti-theft equipment (incl. alarm system and immobiliser); 3) not leave the removable front panel of the audio system, car keys, car registration documents, personal effects in the car, incl. luggage, in any other manner but hidden in the locked luggage compartment; preserve the car keys and registration documents in such a manner that no third party can have access to these without applying force or threat of violence. Keys to the car may not be kept in the car; immediately replace all locks and recode or replace the electronic anti-theft equipment should the car keys be stolen, robbed or lost. Until the locks are replaced or recoded or anti-theft equipment is replaced, the policyholder shall take additional measures to avoid the theft or unauthorised taking of the car, e.g. leave the car unattended only in a locked garage or on a guarded territory; notify RSA of any changes made to the engine power (incl. chip tuning); adhere to RSA's additional instructions in order to reduce the insured risk In case of the insured event, the policyholder shall: document the traffic accident and inform about it according to applicable legislation; immediately inform the police of the theft, unauthorised taking or robbery of the car, vandalism or any other illegal actions in a format which can be reproduced in writing; immediately notify the Rescue Board of a fire in a format which can be reproduced in writing; call for the police and not leave the scene of the accident if the car has been damaged by objects or substances which have fallen on it or have been scattered around; notify the police or the Environmental Inspectorate of the collision with a wild animal; inform RSA of the insured event as soon as possible, however, not later than within five business days as of learning about the insured event. If the exact time of the occurrence of the insured event cannot be established, the insured event shall be deemed to have occurred at the moment when the policyholder should have learned about it The policyholder shall present the damaged car or the remains thereof to RSA for inspection in the state it was/ these were after the insured event. Without RSA s prior written permission, given in a format which can be reproduced in writing, the policyholder may not make any changes to the car, including restoration or scrapping The policyholder shall supply RSA with information and documents they have on the causes and amount of damage Unless otherwise agreed upon by the parties, the policyholder shall deliver the remains of the car to RSA in the state they were after the insured event and on the territory of the Republic of Estonia. If RSA examines or scraps the remains of the car in another country or organises the transportation of the remains of the car to Estonia, the indemnity shall be reduced by the respective costs In the event of theft, unauthorised taking or robbery of the car, RSA shall immediately be given all keys to and registration documents of the car (in the event of robbery, all keys and documents in the policyholder s possession) The policyholder shall ensure that the person who was driving the car at the time of the insured event presents his original driving licence to RSA The obligation to prove the insured event lies with the policyholder The policyholder shall immediately notify RSA in a format which can be reproduced in writing of any compensation for damage by a third party or about waiving of the claim filed against RSA If RSA has indemnified for the car or any part thereof which has unlawfully left the possession of the entitled person, incl. by way of theft, unauthorised taking or robbery, the policyholder shall immediately inform RSA in a format which can be reproduced in writing when they learn that the car or any part thereof has been found or its location has become known. The recovered car or any part thereof shall, within ten business days, be delivered to RSA or the indemnity the insurer has paid for the car shall be repaid. 9. RSA s Obligations and Rights 9.1. RSA shall: carry out or arrange the examination of the damaged car as soon as possible, but no later than within five business days as of receipt of the damage notice; make a decision on indemnification or nonindemnification within five business days as of receipt of all information, documents and materials necessary for determining the circumstances of the insured event and the extent of damage, likewise for paying the indemnity. RSA shall inform the policyholder of the required information and documents which have not yet been provided RSA shall be entitled to set additional requirements with the aim of reducing the insured risk. Such additional requirements shall form part of the insurance contract, unless the policyholder submits an application for withdrawal from the insurance contract within 10 days as 7/8

8 of receipt of the requirements In case of any increase in the insured risk, RSA has the right to demand that the policyholder pay the difference between the insurance premium actually payable based on the insured risk and the premium specified in the policy, e.g. in the case if the territory of use or data of the car fail to comply with those declared upon entry into the contract. 10. Types of Indemnification Indemnification can be indemnification for the costs incurred when restoring the damaged car or monetary indemnification The costs for restoring the damaged car shall be indemnified on the basis of the documents evidencing such costs If RSA approves the manner and place of restoration chosen by the policyholder, they shall issue, at the car restorer s request, a letter of guarantee ensuring indemnification for the restoration costs RSA shall not be liable for the manner or quality of restoration of the car unless the parties to the insurance contract have agreed in writing that RSA shall organise the car restoration. The issue of the letter of guarantee for the car repairs shall not be understood as such an agreement Should the policyholder disagree with the justified and reasonable manner or place of restoration, RSA shall indemnify for the necessary, justified and reasonable expenses required for the restoration of the car. 11. Procedure for Indemnification The following costs shall be indemnified for as restoration costs: car restoration costs incurred in the insured event under Kasko and Kasko Pluss insurance; under Mini Kasko insurance, only the damage caused by complete destruction of the car. Complete destruction shall be a situation according to these terms and conditions, when the car cannot be restored or if the restoration of the car is neither financially nor technically justified under Mini Kasko and Kasko insurance, the following costs shall be indemnified: necessary and justified costs of lifting the car on the road as a result of the insured event, costs of delivering the car to the nearest repair shop or the repair shop designated by RSA, or costs of delivering the car to the storage facility, in the amount of EUR 150, and in the amount of EUR 3200 under Kasko Pluss insurance Conditions of indemnification for restoration costs The car restoration costs shall be indemnified if the restoration is financially and technically justified If the policyholder applies for monetary indemnification, but fails to produce the expense receipts evidencing the restoration of the car, the difference between the market values of the car in Estonia before and after the insured event shall be indemnified In restoring the car, RSA shall be entitled to request that spare parts whose state of wear and tear is equivalent to the age and technical condition of the car be used Under Kasko and Kasko Pluss insurance, the restoration costs incurred for restoring a car, which is more than three years old, shall be indemnified by the distributor of the respective car manufacturer only if a separate agreement with RSA has been signed to this effect In case of complete destruction of the car (incl. theft, unauthorised taking or robbery) the amount of indemnity shall be calculated on the basis of the car market value in Estonia immediately prior to the insured event If, under Kasko Pluss insurance, damage is not indemnified on the basis of new value insurance (clause 2.9), the amount of damage shall be the market value of the car in Estonia immediately prior to the insured event to which 10% of the market value of the car shall be added to cover any possible car replacement costs. Car replacement costs shall be paid to the policyholder. If the total sum of the market value and car replacement costs exceeds the sales price of an equivalent new car in Estonia, the amount of damage shall be the sales price of such new car If, under Kasko insurance, damage is not indemnified on the basis of new value insurance (clause 2.8), the amount of damage shall be the market value of the car in Estonia immediately prior to the insured event RSA has the right to reduce the insurance indemnity by the usual value of the car or the remains thereof except if RSA and the owner of the car have agreed to transfer the car or remains thereof to RSA s ownership In determining the insurance indemnity, the outstanding insurance premiums that have become due, indemnity reductions and taxes to be refunded pursuant to the law (such as VAT) shall be deducted from the amount of damage to be indemnified In case of complete destruction of the car, RSA shall be entitled to deduct from the insurance indemnity the outstanding insurance premiums for the current insurance period, regardless of whether the due date of the insurance premiums has arrived and to whom the insurance indemnity is paid The ownership of the object insured shall transfer to RSA as of the moment RSA has received the possession of such object unless RSA and the owner of the car have agreed otherwise. 12. Refunding Insurance Indemnity The policyholder shall refund the insurance indemnity to RSA if, after indemnification, circumstances excluding indemnification have become evident or if the damage has been indemnified for by a third party. 13. Jurisdiction 13.1 Any disputes arising from this insurance contract shall be settled by the Harju County Court To settle a dispute with RSA, the policyholder may address the insurance conciliation body at the Estonian Insurance Association according to its rules and procedures. 14. Format of Notices All notices to the parties to the insurance contract necessary for performing the contract shall be submitted in a format which can be reproduced in writing or by calling RSA telephone number. 15. Other Terms and Conditions RSA shall be entitled to record any telephone calls related to the performance of the insurance contract. 16. Conflicts If the documents of the insurance contract are conflicting, the following order of importance of documents shall be followed in their interpretation, while the preceding document shall prevail over the subsequent one: policy terms and conditions of comprehensive car insurance. 8/8