Commercial Motor Vehicle Insurance Vertex Policy

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1 Commercial Motor Vehicle Insurance Vertex Policy Product Disclosure Statement This is Part 1 of a 2 Part Product Disclosure Statement (PDS). Part 2 is the Aon Commercial Motor Vehicle Vertex Policy. Both Parts must be provided to you and together form the PDS. Preparation Date: 1 December 2009 Effective Date: 1 December 2009

2 Contents About the Vertex Commercial Motor Vehicle Insurance Part 1 of 2: Product Disclosure Statement About Zurich... 2 How to apply for this insurance... 2 Vertex Commerical Motor Insurance... 2 Our contract with you... 3 Significant issues to consider... 3 Duty of Disclosure... 4 How we calculate your premium... 5 Goods and Services Tax... 5 How to make a claim... 5 Repair Industry Code of Conduct... 5 Cooling-off Period... 6 Your Privacy... 6 General Insurance Code of Practice... 6 Complaints and Disputes Resolution process... 6 Updating this PDS... 7 Benefits of Cover Available... 8 Part 2 of 2: Vertex Policy Wording Definitions & Interpretation... 1 Insuring Agreement... 1 Interested Parties... 1 Premium Adjustment... 2 Additional Vehicle... 2 Limitation of Use... 2 Territorial Limits... 3 Description of Cover... 3 Section 1 Own Damage... 3 Extensions to Section Section 2 Third Party Liability Property Damage... 5 Section 3 Third Party Liability Personal Injury... 5 Extensions to Sections 2 and Limits of Liability - Sections 2 and General Exclusions (Applicable to All Sections except where otherwise specified)... 6 Excess... 8 General Terms and Conditions (Applicable to All Sections)... 8 Endorsements to the Policy ZU ITRN Page 1 of 16

3 About the Vertex Commercial Motor Vehicle Insurance About Zurich Zurich is proud to present the Vertex Commercial Motor Vehicle Policy distributed by Aon Risk Services Australia Limited, ABN The insurer of this product is Zurich Australian Insurance Limited (ZAIL), ABN , AFS Licence Number , a subsidiary of Zurich Financial Services Australia Limited (ZFSA). In this document, ZAIL may also be expressed as Zurich, Insurer, we, us or our. ZFSA provides wealth protection and wealth creation solutions, offering general insurance for commercial customers, and life risk, investments and superannuation solutions for corporates and personal customers. Zurich s solutions and services are primarily accessible through insurance brokers, financial advisers and other intermediaries. ZFSA is part of the worldwide Zurich Financial Services Group, an insurance-based financial services provider with a global network of subsidiaries and offices in North America and Europe as well as in Asia Pacific, Latin America and other markets. Founded in 1872, the Group is headquartered in Zurich, Switzerland. It employs approximately 60,000 people serving customers in more than 170 countries. This Product Disclosure Statement (PDS) is an important document. You should read it carefully before making a decision to purchase this product. This PDS will help you to: decide whether this product will meet your needs; and compare this product with other products you may be considering. The information contained in this PDS is general information only. It is important you read your policy to ensure you have the cover you need. We sometimes capitalise or bold terms in this PDS, to show that words are abbreviated or have a particular defined meaning. You should refer to the Definitions & Interpretation section of the policy wording to obtain the full meaning of such terms. How to apply for this insurance Zurich distributes this product via the Aon Vertex network which is a network of qualified professional insurance brokers who are able to access a wide selection of insurance products from which they are able to recommend those best suited to your insurance requirements, after taking into account your individual circumstances. Throughout this document when we are referring your Vertex broker, we may simply refer to them as your intermediary. If you are interested in buying this product or have any inquiries about it, you should contact your intermediary who should be able to provide you with all the information and assistance you require. If you are not satisfied with the information provided by your intermediary you can contact us at the address or telephone number shown on the back cover of this document. However, we are only able to provide factual information or general advice about the product. We do not give advice on whether the product is appropriate for your personal, objectives, needs or financial situation. Vertex Commercial Motor Vehicle Insurance The Vertex Commercial Motor Vehicle Insurance is principally designed for medium to large enterprises. Sedans and commercial vehicles can be included in this Policy. The policy cover can be customised to meet your business requirements and some of the options can be summarised as follows: Comprehensive Cover This provides cover for: loss, destruction or damage as a result of an accident by the Insured Vehicle (Section 1); loss or damage to third party property as a result of an accident by the Insured Vehicle (Section 2); and the death or personal injury to a third party as a result of an accident by the Insured Vehicle (Section 3). Own Damage Cover only This provides cover for loss, destruction or damage to the Insured Vehicle (Section 1). Third Party Property Damage Cover only This provides cover for liability arising from loss or damage to third party property as a result of the Insured Vehicle (Section 2). Page 2 of 8

4 Our contract with you Your Policy is a contract of insurance between the Insured and Zurich and contains all the details of the cover that we provide. Your Policy is made up of: the policy wording, which is attached as the second part of this document. It tells you what is covered, sets out the claims procedure, exclusions and other terms and conditions of cover; the proposal, which is the information you provide to us when applying for insurance cover; your most current Schedule issued by us. The Schedule is a separate document unique to you, which shows the insurance details relevant to you. It includes any changes, exclusions, terms and conditions made to suit your individual circumstances and may amend the Policy; and any other written change otherwise advised by us in writing (such as an endorsement or a supplementary PDS). These written changes vary or modify the above documents. Please note, only those sections shown as covered in your Schedule are insured. This document is also the PDS for any offer of renewal we may make, unless we tell you otherwise. Please keep your policy in a safe place. We reserve the right to change the terms of this product where permitted to do so by law. Significant issues to consider Insurance contracts contain policy exclusions, policy terms and conditions and policy limits and sub-limits that you should be aware of when deciding to purchase our product. These things may affect the amount of the payment that we will make to you if you have a claim. We may express some policy terms, policy limits or sub-limits as being either a dollar amount or a percentage of your sum insured shown in your Schedule or some other amount, factor or item specified in the relevant clause of this document. You should be aware of the following matters in considering whether this product is suitable for your needs. Basis of Settlement Section 1 When Section 1 Own Damage is selected, you may choose the Basis of Settlement option you require. The standard options are either Market Value or sum insured value when declared. Basis of Settlement Section 2 When Section 2 Third Party Property Damage is covered, we have automatically included the Limits of Liability within the Schedule. We recommend you review these limits to ascertain if they are adequate for your business requirements. Basis of Settlement Section 3 When Section 3 Third Party Liability Personal Injury is covered, we have automatically included the Limits of Liability within the Schedule. We recommend you review these limits to ascertain if they are adequate for your business requirements. Carriage of Hazardous Goods When Sections 2 and 3 are selected, we provide cover in the event that your Insured Vehicle is being used for, attached to, or towing a Vehicle used for the carriage of hazardous goods, up to $500,000 Limit of Liability. We recommend you refer to page 9 and you review the limit of hazardous goods cover provided, to ascertain if it is adequate for your business requirements. Extensions of Cover When you have a loss, additional expenses may be incurred. For example, Hiring Costs, Emergency Services and Recovery Costs etc. Please refer to Extensions to Section 1 on page 4, and Extensions to Sections 2 and 3 on page 5. Where these extensions have limits, these limits (whilst some are additional to the sum insured), are sub-limited to either per event, per Insured Vehicle or per Period of Insurance. We suggest you review these limits to see if they are adequate for your business requirements. Please refer to the Limits of Liability Section 2 and 3 on page 6. Excesses can apply For each of the available covers, an Excess may apply. An Excess is not an additional fee charged by us at the time of making a claim. Rather, it is the uninsured first portion of a loss for which you are otherwise covered, i.e. the amount that you must contribute towards each claim. Details of Excess amounts and circumstances in which they will be applied will appear on your Schedule. Upon acceptance of your claim, you must immediately pay the total amount of the applicable Excess, either to us or to the repairer. We will advise you to whom the Excess must be paid, however if the Insured Vehicle is a total loss, we may deduct any Excess that you must pay from any payment we make. The correct Basis of Settlement selection is vital, as an incorrect selection, may possibly leave you underinsured. Page 3 of 8

5 Exclusions This Policy contains a number of exclusions, some of which are common in insurance policies. For example, we may not pay for loss or damage arising out of: damage to tyres by application of brakes, or by road cuts, punctures or bursts; underground excavation or underground mining; or an Act of Terrorism. Some of the exclusions may be less common, and as such may be unexpected. For example, this policy excludes cover if an Insured Vehicle is engaged in racing, trial, test or contest or for pacemaking. Please refer to page 7 for the details of this exclusion. The above are some of the events that are not covered by this Policy. Before making a decision about whether to purchase this Policy, you should read the full details of all relevant exclusions, which are contained in the policy wording. Some may not be relevant to your Business however you should make yourself aware of all the exclusions. Please refer to, the General Exclusions (Applicable to All Sections) from page 6. General Terms and Conditions (Applicable to All Sections) The General Terms and Conditions (Applicable to All Sections) set out your obligations with which you need to comply. Please read these Terms and Conditions (Applicable to All Sections) from page 8. You should make yourself aware of all the terms and conditions that apply. If you do not meet them, we may be able to decline or reduce the claim payment or cancel your policy. Make sure you have the cover you need You should discuss with your intermediary the appropriate amounts and risks for which you need to be insured. If you do not adequately insure for the relevant risks you may have to bear any uninsured losses yourself. If you do not choose appropriate amounts that allow for the current value of the Insured Vehicle or other financial risks that your policy aims to cover, then you may be underinsured when you need to make a claim. Change of circumstances You should also advise your intermediary to notify us as soon as possible when your circumstances change which are relevant to your policy. For instance, if you purchase a new vehicle outside the parameters of the of the Insured Vehicle coverage. If you do not tell your intermediary of these changes in the event of you suffering a loss or damage, your sum insured may not be adequate to cover your loss, or you may not even have any cover under your Policy. Duty of Disclosure Before you enter into this contract of insurance with us, the Insurance Contract Act 1984 requires you to tell us everything which you know, or could be reasonably expected to know, is relevant to our decision whether to accept the risk of the insurance and, if so, on what terms. The duty of disclosure is different depending on whether it is a new policy or not. New Business Where you are entering into this policy for the first time (that is, it is new business and is not being renewed, varied, extended or reinstated) you must tell us everything you know, or could be reasonably expected to know, in answer to the specific questions we ask. When answering our questions you must be honest. Who needs to tell us It is important that you understand that you are answering our questions in this way for yourself and anyone else whom you want to be covered by the policy. If you do not tell us If you do not answer our questions in this way, we may reduce or refuse to pay a claim, or cancel the policy. If you answer our questions fraudulently, we may refuse to pay a claim and treat the policy as never being in force. Renewals, variations, extensions and reinstatements Once your policy is entered into and is no longer new business then your duty of disclosure to us changes. You are required before you renew, vary, extend or reinstate your policy, to tell us everything you know, or could be reasonably expected to know, which is relevant to our decision whether to renew, vary, extend or reinstate the contract of insurance and, if so, on what terms. You do not have to tell us about any matter that diminishes the risk; that is of common knowledge; that we know or should know in the ordinary course of our business as an insurer; or which we indicate we do not want to know. If you do not tell us If you do not comply with your duty of disclosure we may reduce or refuse to pay a claim or cancel your policy. If your non-disclosure is fraudulent we may treat this policy as never being in force. Page 4 of 8

6 How we calculate your premium The amount of your premium is determined by taking a number of different matters into account. You can seek a quote at any time. It is important for you to know in particular that the premium varies depending on the information we receive from you about the risk to be covered by us. The higher the risk is, the higher the premium will be. Based on our experience and expertise as an insurer, we decide what factors increase our risk and how they should impact on the premium. Each insurer can do this differently. Some other factors impacting premium are: type of Insured Vehicles; (make, age, model within the make up of the fleet); use of vehicles (private, business); the value of the Insured Vehicles and the Basis of Settlement selected; type of additional cover, terms and conditions; location and operating radius of the vehicles; claims history from prior years; and risk management procedures your Business undertakes. Your intermediary can arrange for you to be provided with a quote for a premium. You will need to give your relevant details to your intermediary at this time to enable us to calculate your premium. Another important thing to know is that your premium also includes amounts that take into account our obligation to pay any relevant compulsory government charges, taxes or levies (e.g. Stamp Duty, GST and Fire Services Levy) in relation to your policy. These amounts will be set out separately on your Schedule as part of the total premium payable. How and when you pay your premium and what happens if you don t pay? Premiums are charged and are payable on a yearly basis. Your intermediary can also tell you what other methods are available to make your premium payments. Your intermediary will send you an offer of renewal of your insurance once a year, before your current Period of Insurance expires. If you do not pay your premium when due, your policy may lapse after 30 days and you will not be covered. You may be able to reinstate your policy after it lapses, but you must submit an application to us, which is subject to our reassessment of your circumstances at the time of application. Goods and Services Tax The sum insured that you choose should exclude Goods and Services Tax (GST). In the event of a claim, if you are not registered for GST, we will reimburse you the GST component, in addition to the amount we pay you. If you are registered for GST, you will need to claim the GST component from the Australian Taxation Office. You must advise us of your correct input tax credit percentage, where you are registered as a business and have an Australian Business Number. Any GST liability arising from your incorrect advice is payable by you. How to make a claim If you need to make a claim against this policy, please refer to Claims Procedure on page 8. If you have any queries please contact your intermediary as soon as possible, or call us on Repair Industry Code of Conduct Zurich complies with the Repair Industry Code of Conduct. You can choose a repairer, or we can recommend one for you. If we do not accept your choice of repairer, you must still co-operate with us to select another repairer that we both agree on. When the Insured Vehicle is repaired, the repairer may use re-usable parts or parts that are not manufactured by a supplier to the vehicle s original manufacturer which: are consistent with the age and condition of the Insured Vehicle; do not affect the safety or the structural integrity of the Insured Vehicle; comply with the vehicle manufacturer s specifications and applicable Australian Design Rules; do not adversely affect the post repair appearance of the Insured Vehicle; and do not void or affect the warranty provided by the vehicle manufacturer. In repairing Insured Vehicle, we may arrange for a part of the repair to be carried out by a specialist service provider, for example windscreen repairs. We guarantee workmanship of the repairs authorised by us. This guarantee is for the life of the Insured Vehicle and is in addition to your statutory rights against the repairer and warranties that you have from the repairer directly. Wear and tear is not covered by this guarantee. Page 5 of 8

7 We will arrange for repairs authorised by us to be rectified at no cost to you, if we agree that the repairs are defective. Before we can arrange for any defective repairs to be rectified, you must give us the opportunity to inspect the Insured Vehicle. Cooling-off Period After you apply for a Zurich product and you have received the policy document, you have 21 days to check that the policy meets your needs. Within this time you may cancel the policy and receive a full refund of any premiums paid, unless: you have made a claim or become entitled to make a claim under your Policy; or you have exercised any right or power you have in respect of your Policy or the Policy has ended. Your request will need to be in writing and forwarded to us via your intermediary or to the address shown on the back cover of this document. You can cancel your policy at any time after the cooling-off period. Please refer to Cancellation under General Terms and Conditions (Applicable to All Sections) on page 8. Your Privacy The National Privacy Principles, under the Privacy Act 1998, regulate the way in which private sector organisations like Zurich can collect, use, store and disclose your personal information. We collect personal information about you in order to assess your request for insurance and to administer the policy. You can elect not to provide us with your personal information however we may then not be able to process your application for insurance, we may not be able to process your claim or you may breach your Duty of Disclosure. In some circumstances, we may collect and/or disclose your personal information (other than sensitive information such as health information) to a third party such as your intermediary, our service providers and our business partners. A list of service providers and business partners that we may disclose your personal information to and for further information on our Privacy Policy, please refer to the Privacy link on our homepage By providing us with your personal information, you consent to us disclosing your personal information for these purposes. In most cases, at your request, we will give you access to the personal information we hold about you. In some circumstances we may charge a fee for giving you access, which will vary but will be based on our costs. If you would like to find out more, you can contact us by telephone on or at or in writing to: The Privacy Officer Zurich Australian Insurance Limited PO Box 677 North Sydney NSW 2059 General Insurance Code of Practice As a member of the Insurance Council of Australia Limited, we subscribe to the General Insurance Code of Practice. The purpose of the Code is to raise the standards of practice and service in the general insurance industry. The Code aims to: constantly improve claims handling in an efficient, honest and fair manner; build and maintain community faith and trust in the financial integrity of the insurance industry; and provide helpful community information and education about general insurance. Complaints and Disputes Resolution process If you have a complaint about an insurance product we have issued or service you have received from us, please contact your intermediary to initiate the complaint with us. If you are unable to contact your intermediary, you can contact us directly on We will respond to your complaint within 15 working days. If you are not satisfied with our response, you may have the matter reviewed through our internal dispute resolution process, which is free of charge. If you are not satisfied with the outcome of the dispute resolution process and would like to take the complaint further, you may refer the matter to the Financial Ombudsman Service (FOS), an independent and external dispute resolution scheme. The FOS is free of charge to you but can only be accessed after you have gone through our internal disputes resolution process. FOS contact details are: The Financial Ombudsman Service Freecall: Post: GPO Box 3, Melbourne, Victoria 3001 Website: Page 6 of 8

8 Updating this PDS Certain information in this PDS may change from time to time. If the updated information is not materially adverse from the point of view of a reasonable person deciding whether or not to purchase this product, a paper copy of the updated information will be available free of charge upon request, by contacting your intermediary or us by using our contact details on the back cover of this PDS. Please note that we may also choose to issue a new PDS or a supplementary PDS in other circumstances. Page 7 of 8

9 Benefits of Cover Available The following is a summary of the major benefits of covers available under the Policy. Please refer to each cover section for full details of coverage and applicable terms and conditions. Types of Covers Available Benefits of Cover Available Page no Comprehensive Section 1 Own Damage Section 2 Third Party Liability Property Damage Section 3 Third Party Liability Personal Injury Own Damage only Section 1 Own Damage 3 Third Party Property Damage only Section 2 Third Party Liability Property Damage 5 Fire, Theft and Third Party Property Damage Extensions to Section 1 Section 1 restricted to loss or damage caused by fire, explosion, lighting, theft or attempted theft, and Sections 2 and 3 will operate 3 Towing Charges Up to maximum of $10,000 per loss, or as specified in the Schedule 4 Cost of repatriating driver and passengers Up to maximum of $2,000 per loss, or as specified in the Schedule 4 Signwriting Up to maximum of $2,000 per loss, or as specified in the Schedule 4 Removal of Debris Up to maximum of $10,000 per loss, or as specified in the Schedule 4 Hire Costs $100 per day for sedans, station wagons, 4WDs and utilities; and $250 per day for other goods carrying vehicles of up to 2 tonnes payload carrying capacity; up to maximum of 30 days per loss, or as specified in the Schedule. 4 Transit Up to maximum of $5,000 per loss, or as specified in the Schedule 4 Recovery Costs Up to maximum of $5,000 per loss, or as specified in the Schedule 4 Emergency Services Up to maximum of $5,000 per loss, or as specified in the Schedule 4 Employees Personal Property Up to maximum of $2,000 per loss, or as specified in the Schedule 4 Locks and Keys Up to maximum of $5,000 per loss, or as specified in the Schedule 4 Medical and Related Expenses Up to maximum of $500 per loss, or as specified in the Schedule 4 Sections 2 and 3 Limits of Liability - Sections 2 and 3 Up to maximum limit of $20 million or as specified in the Schedule 6 Carriage of Hazardous Goods Up to maximum limit of $500,000 or as specified in the Schedule 6 Excess No windscreen excess No excess where damage is limited to windscreen or window glass breakage only 8 Page 8 of 8

10 ZU ITRN Zurich is proud to support football as an Official Partner of the Hyundai A-League Zurich Australian Insurance Limited ABN AFS Licence No: Head Office: 5 Blue Street North Sydney NSW 2060 Client Enquiries Telephone:

11 COMMERCIAL motor vehicle Vertex Policy Wording Aon Risk Services Australia Limited ABN AFSL No This document is Part 2 of a 2 Part Product Disclosure Statement (PDS). Part 1 being Important Information. Both parts must be provided to you and together form the PDS. 1 December 2009

12 Aon Product Design & Development Australia Pty Limited Written and published by Aon Product Design & Development Australia Pty Limited. Other than as permitted by law, no part of it may in any form or by any means be reproduced, stored or transmitted without the express permission of the copyright owner, Aon Product Design & Development Australia Pty Limited.

13 CONTENTS 1. Definitions & Interpretation Insuring Agreement Interested Parties Premium Adjustment Additional Vehicles Limitation of Use Territorial Limits Description of Cover Section 1 - Own Damage Extensions to Section Section 2 - Third Party Liability - Property Damage Section 3 - Third Party Liability - Personal Injury Extensions to Sections 2 and Limits of Liability - Sections 2 and General Exclusions Excess General Terms and Conditions Endorsements to the Policy Vertex Commercial Motor Vehicle RRIS i

14 1. Definitions & Interpretation 1.1 The Insurer means the company named in the Schedule and could be one of the following insurance companies: Allianz Insurance Limited CGU Insurance Limited Vero Insurance Limited QBE Insurance (Australia) Ltd Zurich Australian Insurance Limited 1.2 The Insured means the entity named in the Schedule and includes all subsidiary companies, organisations and other entities in which the Insured has a controlling interest to the extent only that each of them is engaged in carrying on the Business described in the Schedule or activities which are substantially of the same kind or related to that Business. The Insured shall also mean any other party named or described in the records of the entity named in the Schedule as being included herein. 1.3 Insured Vehicles means all motor vehicles presently existing or subsequently acquired, owned, hired, leased, rented, loaned, borrowed or used by or on behalf of the Insured, or in which the Insured has an insurable interest or for which the Insured has received instructions to insure, including (in respect of Sections 2 and 3 only) employees motor vehicles or motor vehicles in the charge of employees (not otherwise insured) whilst in use in the Insured s Business including travel to and from employees residences. The term "Insured Vehicles" also includes motor cycles, trailers, caravans, mobile plant and equipment, tractors and self propelled agricultural machines. 1.4 Excess means the amount(s) specified in the Schedule and elsewhere in the Policy which the Insured has to contribute to each and every claim under the Policy. The Excess will not be payable if the Insurer agrees that the accident or damage was not the Insured s fault and the Insured provides the Insurer with the name and address of the person responsible for the accident or damage. 1.5 Schedule means the Schedule attached to the Policy or any later Schedule issued on renewal or variation or by way of Endorsement. 1.6 The Policy means this document, the Schedule and any Endorsement. 1.7 Period of Insurance means the period specified in the Schedule or any subsequent period for which renewal has been agreed. The term Local Time which appears in the Schedule means the time at the Insured s principal place of Business. 1.8 Market Value means the amount required to purchase a vehicle similar to an Insured Vehicle immediately before it suffered loss or damage, taking into account its make, model, age, kilometres travelled, condition and location. 1.9 Act of Terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), which from its nature or context is done for, or in connection with, political, religious, ideological or similar purposes or reasons, including the intention to influence any government and/or to put the public, or any section of the public, in fear Tool of Trade means a motor vehicle which has a tool or plant forming part of, attached to or used in connection with it, while such tool or plant is engaged on a work site, but does not include vehicles whilst in transit to or from any work site Schedule of Motor Vehicles means a list of vehicles provided by the Insured for underwriting purposes. The Schedule of Motor Vehicles, which may specify the Description of Cover and/or the Sum Insured applying to individual vehicles, is deemed to be incorporated into the Policy Business means the Insured s Business, occupation, trade or profession as specified in the Schedule. 2. Insuring Agreement The Insured having made an application to the Insurer and having paid or agreed to pay the Deposit Premium, the Insurer will indemnify the Insured against loss, damage and/or liability as described, occurring within Australia, during the Period of Insurance. 3. Interested Parties Indemnity against loss, damage and/or liability as described is extended to include any person, company or firm who has a financial and/or an insurable interest in the Insured Vehicle which is the subject of the loss or damage. 1 Vertex Commercial Motor Vehicle RRIS

15 4. Premium Adjustment 4.1 The Deposit Premium shall be adjusted in accordance with the basis specified in the Schedule upon the Insured declaring to the Insurer the number of Insured Vehicles at the expiry of the Period of Insurance Unit Cost Premium Adjustment Upon receipt of the Insured s declaration of Insured Vehicles, the Deposit Premium shall be adjusted at 50% of the annual Premium (the Unit Cost ) per vehicle, calculated on the difference between the number of vehicles at the inception of the Period of Insurance and the number of vehicles at the expiry of the Period of Insurance. The Insured shall pay an additional Premium or receive a refund of Premium so calculated Burning Cost Premium Adjustment Three (3) months after the expiry of the Period of Insurance, the Actual Premium payable by the Insured shall be calculated on the following basis: Incurred Losses X ratio specified in the Schedule = Actual Premium (Incurred Losses = claims paid and outstanding, less excesses) The Insured shall not be called upon to pay an Actual Premium greater than the Maximum Premium specified in the Schedule. If the Actual Premium is less than the Deposit Premium the Insurer will refund to the Insured the difference between the Actual Premium and the Deposit Premium provided the Insurer shall be entitled to the Minimum Premium specified in the Schedule. Should the number of Insured Vehicles increase or reduce by more than 10% during the Period of Insurance, the Deposit, Maximum and Minimum Premiums may be amended by negotiation. 4.2 Premium Adjustment - individually rated Insured Vehicles The Insured shall declare to the Insurer details of any additional and/or replacement vehicle and/or of any vehicle disposed of within twenty-one (21) days of the date of acquisition or disposal, from which date any additional or return Premium shall be calculated. The requirement to declare details of any additional and/or replacement vehicle within twenty-one days shall take precedence over any conflicting provision of Clause 5. Additional Vehicles when the Premium is determined on the basis of individually rated Insured Vehicles. 5. Additional Vehicles Provided that a vehicle is of a like and similar kind to those currently insured by the Policy, the Insurer will automatically cover any additional and/or replacement vehicle acquired, hired, leased, rented on loan to or used by or on behalf of the Insured during the Period of Insurance, whether on a permanent or temporary basis, from the time the Insured becomes legally responsible therefore, for a Limit of Liability equivalent to the vehicle s Market Value or $250,000 or such other Limit of Liability specified in the Schedule in respect of Additional Vehicles, whichever is the lesser. The Limit of Liability in respect of Additional Vehicles shall not apply where the Insurer has been notified of, and accepted in writing, details of an Additional Vehicle and of that vehicle s purchase price or value. 6. Limitation of Use The Insurer will provide indemnity in accordance with the terms of the Policy only when Insured Vehicles are being used for the following purposes: 6.1 privately for social domestic and pleasure purposes; 6.2 in connection with the occupation or Business of the Insured; for demonstration for sale; in connection with servicing, repairing and subsequent testing; for tuition, provided it is not for payment; for towing a caravan, trailer or vehicle, provided it is not for payment. Provided that, Sub-Clauses 6.3 and 6.4 shall not apply when the Insured s Business involves the sale, service and or repair of motor vehicles for reward. Vertex Commercial Motor Vehicle RRIS

16 7. Territorial Limits The Policy covers Insured Vehicles only within the Commonwealth of Australia, including its external territories and including transportation by sea or air between any places in the said Commonwealth. 8. Description of Cover When the Description of Cover specified in the Schedule and/or in the Schedule of Motor Vehicles against each Insured Vehicle is: 8.1 Own Damage and Third Party Liability - all Sections of the Policy will operate. 8.2 Fire, Theft and Third Party Liability - Section 1 is restricted to loss or damage caused by fire, explosion, lightning, theft or attempted theft and Sections 2 and 3 will operate. 8.3 Third Party Liability - only Sections 2 and 3 will operate. 9. Section 1 - Own Damage The Insurer will indemnify the Insured against theft of or accidental destruction of or damage to: 9.1 each Insured Vehicle; 9.2 all accessories and apparatus together with manufacturer's options, tools and spare parts and spare wheel attached to or within each Insured Vehicle, caused by or arising out of an accident or theft. Accident means an unexpected event including vandalism. The term "accessories" includes built-in radios, cassette players, CD players, installed car phones, satellite navigation systems, air conditioning units, receiving and transmitting equipment and gates, binders, ropes, tarpaulins, cranes, lifting devices, cables, winches, forks, tines, buckets, blades and curtains and/or any other accessory used by or attached to the vehicle, including such items (not otherwise insured) installed by employees. 9.3 Basis of Settlement The basis of settlement will be at the option of the Insurer to pay the cost of repairs to an Insured Vehicle or pay the amount of the loss or damage to the Insured Vehicle, provided such payment does not exceed either: the Sum Insured if the Schedule of Motor Vehicles stipulates a Sum Insured in respect of the Insured Vehicle; or the Market Value of the Insured Vehicle, whichever is the lesser. Further: Except: In respect of sedans, station wagons, four wheel drives and utilities which, if becoming a total loss or constructive total loss within twenty-four (24) months of the commencement date of the original registration, the Insurer will replace such Insured Vehicle with a new vehicle of the same make, model or, series (subject to local availability) including similar accessories, tools, spare parts and other property (as defined) and pay Stamp Duty and delivery costs or, at the Insurer s option, pay the equivalent cash value of such replacement In respect of an Insured Vehicle under a lease agreement, which if becoming a total loss or constructive total loss during the Period of Insurance, the Insurer s liability shall be the payout sum under the lease agreement if it is greater than the vehicle s Market Value or Sum Insured (if any). Provided that the Insurer s liability under this Clause to pay in addition to the Market Value or Sum Insured shall not exceed 20% of the Market Value or Sum Insured (if applicable) of such Insured Vehicle and does not include payments and interest in arrears at the time of the loss or discounts in respect of finance discharge If an Insured Vehicle is stolen and not recovered within thirty days, it shall be deemed to be a total loss, Vertex Commercial Motor Vehicle RRIS

17 10. Extensions to Section 1 In connection with a claim under Section 1 of the Policy, the Insurer will pay in addition to the amount payable under Clause 9.3 Basis of Settlement: 10.1 Towing Charges The reasonable cost incurred to remove the Insured Vehicle to a place of safety or the premises of the nearest repairer and to re-deliver the vehicle from such premises after repair to its usual place of garaging Cost of repatriating driver and passengers The reasonable cost, including necessary accommodation expenses, incurred in returning the Insured s driver and passengers to the original point of departure or, at the Insured s option, to the driver's destination, provided that the loss or damage to the Insured Vehicle occurred outside a radius of 100 kilometres from the original point of departure Signwriting The reasonable cost of reinstating necessary signwriting and artwork on, in or attaching to the Insured Vehicle Removal of Debris The reasonable cost incurred to clean up and remove debris resulting from the event giving rise to the claim Hire Costs If an Insured Vehicle is stolen or damaged, the Insurer will pay the reasonable cost of hiring a replacement vehicle of a similar type (subject to local availability). The Insurer will not pay for hiring charges incurred after the date the Insured Vehicle is available for use by the Insured in the condition similar to the condition it was in prior to the loss or damage, nor after a total period of 30 days Transit Transit of an Insured Vehicle within the Commonwealth of Australia by road and/or rail and/or sea. If the Insured Vehicle is covered for Own Damage, any contribution to general average and salvage charges is included when such maritime conditions apply, whether or not the Insured Vehicle is damaged Recovery Costs If an Insured Vehicle is stolen and subsequently found, the Insurer will pay the reasonable cost of recovery from any place in Australia Emergency Services If an Insured Vehicle is involved in an accident requiring the attendance of the Fire Brigade, Police, Ambulance, State Emergency Services or other regulatory or municipal authority, the Insurer will pay the cost of services as may be charged by each relevant service or authority Employees' Personal Property If, as a result of loss or damage to an Insured Vehicle for which a claim is payable under Section 1 of the Policy, any personal property therein belonging to an employee of the Insured be lost or damaged, the Insurer will indemnify the Insured in respect of such employee s property, provided that such property is not otherwise insured, subject to deduction of an allowance for age, depreciation, wear and tear Locks and Keys If keys to an Insured Vehicle are lost, destroyed or damaged, or if there are reasonable grounds to believe that the keys have been duplicated, the Insurer will pay the cost of replacing the keys and locks and any associated work. The maximum amount payable in respect of Extensions 10.1 to is the Sub-Limit of Liability stated in the Schedule against each Extension Medical and Related Expenses The Insurer will refund to the Insured all reasonable sums not exceeding in the aggregate (in respect of any one accident) the amount of $500 which the Insured (or driver) has paid for medical (outside of Medicare), dental, hospital, chemist or ambulance expenses in connection with personal injury sustained by persons riding in an Insured Vehicle at the time of an accident giving rise to a claim which has been admitted under Section 1 of this Policy. Provided that the refund shall not be made: if the person so injured is entitled to recover such expenses under any Workers Compensation Law or from any other source; of a sum prohibited to be paid by the National Health Act 1953 or Health Insurance Act Vertex Commercial Motor Vehicle RRIS

18 11. Section 2 : Third Party Liability - Property Damage 11.1 The Insurer will indemnify the Insured against liability at law for damages and claimant's costs and expenses in respect of loss of or damage to property caused by, through or in connection with the use of an Insured Vehicle which includes: being carried by or falling from the Insured Vehicle and all costs, charges and expenses necessarily and reasonably incurred by the Insured or on behalf of a Public Authority to clean up and remove any debris; the operation of loading and unloading the Insured Vehicle but not the collection or delivery of the load to or from the vehicle beyond the limits of any carriageway or thoroughfare; the Insured Vehicle being driverless and unattended; or any passenger travelling in or on, entering into or alighting from the Insured Vehicle. 12. Section 3: Third Party Liability - Personal Injury 12.1 The Insurer will indemnify the Insured against liability at law for damages and claimant's costs and expenses arising from the death of or personal injury to any person other than any person who at the time of the accident giving rise to the death or personal injury was acting in the course of his or her employment by the Insured occurring during the Period of Insurance and caused by, through, or in connection with the use of an Insured Vehicle, which includes; goods being carried by or falling from the Insured Vehicle; the operation of loading and unloading the Insured Vehicle but not the collection or delivery of the load to or from the vehicle beyond the limits of any carriageway or thoroughfare The Insurer will not indemnify the Insured or any other person claiming indemnity under this Section 3 for or in respect of: any liability which is covered by or within the scope of any statutory scheme operating anywhere in Australia governing the payment of damages, compensation or expenses (whether limited in amount or not) for death or personal injury, or the compulsory insurance of any liability for such payment, caused by, through, or in connection with the use of an Insured Vehicle; any amount in excess of that recoverable under any statutory compulsory insurance or fund, or accident compensation scheme; any claim for which the Insured would have been partially or wholly compensated but for the Insured s failure to insure or to register the Insured Vehicle or to lodge a claim in accordance with a requirement of any statutory compulsory insurance or fund, or accident compensation scheme; any liability for death or personal injury to any person in charge of the Insured Vehicle at the time of the occurrence; any liability for damages, compensation or expenses for which the right to claim has been abolished or in any way limited by any law operating anywhere in Australia; or the use of an Insured Vehicle registered in the Northern Territory Extensions to Sections 2 and 3 Legal Costs The Insurer will pay all legal costs and expenses incurred with their prior written consent in the defence of any Court proceedings in respect of which the Insured is entitled to indemnity under Sections 2 and 3 of the Policy. Furthermore, the Insurer will pay reasonable legal expenses incurred with their prior written consent for representation at any formal legal inquiry or at any Coroners inquest Indemnity to other persons The Insurer will extend the protection provided to an Insured under Sections 2 and 3 to: any person who was driving, using or in charge of an Insured Vehicle with the Insured s permission or implied consent; the Insured s employer, principal or business partner arising out of the use by the Insured of an Insured Vehicle; the Commonwealth and State Governments arising out of the use by the Insured of an Insured Vehicle on government business; and any passenger travelling in or on, entering into or alighting from an Insured Vehicle. Vertex Commercial Motor Vehicle RRIS

19 13.3 The Insured s liability as a Principal The Insurer will indemnify the Insured in accordance with the cover under Sections 2 and 3 in respect of any motor vehicle not owned or supplied by the Insured which is in the charge of or being driven by a person authorised to use the vehicle on behalf of the Insured in connection with the Business of the Insured Towage The Insurer will indemnify the Insured in accordance with the cover under Sections 2 and 3 against legal liability arising from the towage of a trailer or the towing of a disabled mechanically propelled vehicle, provided always that: not more than one disabled mechanically propelled vehicle is being towed at any one time; or the number of trailers being towed at any time does not exceed the number permitted by law Substitute Vehicle The Insurer will indemnify the Insured in accordance with the cover under Sections 2 and 3 for accidental damage caused by a vehicle being used by the Insured as a substitute vehicle while an Insured Vehicle is being serviced, repaired or is not driveable. The Insurer will provide this indemnity only if: one substitute vehicle is being used at any one time in place of an Insured Vehicle; the substitute vehicle is not already covered under another insurance policy and; the substitute vehicle is not owned by the Insured Limits of Liability - Sections 2 and 3 Sections 2 and 3 combined The aggregate liability of the Insurer under Sections 2 and 3 combined is limited to the amount specified in the Schedule in respect of all claims whatsoever and howsoever arising out of any one accident or series of accidents arising out of one event Carriage of Hazardous Goods Unless otherwise specified in the Schedule or by Endorsement, if at the time of an accident giving rise to a claim under the Policy an Insured Vehicle (or towed motor vehicle or trailer) is carrying goods classified as dangerous under the "Australian Code for the Transport of Dangerous Goods by Road or Rail", where the transportation of such goods is in compliance with the: or Australian Code for the Transport of Explosives by Road and Rail; Australian Code for the Transport of Dangerous Goods by Road and Rail, then the aggregate liability of the Insurer under Sections 2 and 3 combined is $500,000 in respect of all claims attributable to the goods so carried arising out of one event. 15. general Exclusions (Applicable to All Sections except where otherwise specified) 15.1 This Policy does not cover: loss suffered as a result of inability to use an Insured Vehicle; depreciation, wear and tear, rust or corrosion of an Insured Vehicle. However the Insurer will pay for any resultant damage to the Insured Vehicle, provided that the Insured was not aware of the condition; structural failure, mechanical, electrical or electronic breakdown or failure of an Insured Vehicle. However the Insurer will pay for any resultant damage to the Insured Vehicle, provided that the Insured was not aware of the condition; the tyres of an Insured Vehicle being damaged by application of brakes or by road punctures, cuts or bursting; loss or damage to an Insured Vehicle occasioned by lawful seizure or other operation of law arising from any breach of contract, agreement or obligation; loss or damage to an Insured Vehicle due to failure to take reasonable steps to lock or secure the vehicle after it has broken down or been damaged; loss or damage caused by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power; loss or damage caused by or arising from radioactivity, or from the use, existence or escape of any nuclear fuel, nuclear material or nuclear waste or action of nuclear fission or fusion; 6 Vertex Commercial Motor Vehicle RRIS

20 any liability for damage to property of the Insured or property in the Insured s physical or legal custody or control whilst such property is on or being loaded on to or unloaded from an Insured Vehicle; any liability which the Insured or any other person or party to whom protection is given under this Policy is required by law to insure under a separate statutory policy; any liability arising under any undertaking or indemnity given or contracted by the Insured without the written consent of the Insurer unless such liability would have attached notwithstanding such undertaking or indemnity; in respect of Sections 2 and 3, an Insured Vehicle when being used as a Tool of Trade; loss, damage, cost, expense or any liability of whatsoever nature directly or indirectly caused by, resulting from or in connection with: any Act of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss; any action taken in controlling, preventing, suppressing or in any way relating to any Act of Terrorism; an Insured Vehicle whilst being used in underground excavation or underground mining; in respect of Sections 2 and 3, the use of an Insured Vehicle when it is unregistered or unlicensed This Policy does not cover the Insured if at the time of an accident an Insured Vehicle and any attached trailer is being: or tested in preparation for, a race, trial, test or contest or for pacemaking; used in an experiment, test, trial or demonstration other than for re-sale purposes in connection with the motor trade or when involved in a defensive driving course; used to convey or tow a load in excess of that for which the vehicle or attached trailer was designed. Provided that, this Exclusion shall not apply if the Insured is able to prove that: the event giving rise to a claim was not caused by or contributed to by such excess load, or; the Insured had no knowledge of such overloading; used whilst in an unsafe or unroadworthy or damaged condition, unless such condition could not reasonably be detected by the Insured or unless the Insured can prove that the event giving rise to the loss damage or liability was not caused or contributed to by such unsafe, un-roadworthy or damaged condition; used for any form of hire other than for a car pooling agreement in accordance with the provisions of the Transport Regulation (Car Pools) Act 1979 or an equivalent statute or unless the Insurer has been notified and any special terms required have been agreed by the Insurer in writing; used for an unlawful purpose by the Insured or is being so used by some other person with the expressed or implied consent of the Insured; used for the transportation of goods which are classified as dangerous under the: Australian Code for the Transport of Explosives by Road and Rail; or Australian Code for the Transport of Dangerous Goods by Road or Rail, except as provided under Clause 14.2 of this Policy This Policy does not cover the Insured if at the time of an accident an Insured Vehicle and any attached trailer is being: driven or for the purpose of being driven is in the charge of any person other than a fully authorised driver under all relevant laws, by-laws and regulations; driven by or is in the charge of any person; while under the influence of an illegal drug; with a percentage of alcohol in their breath or blood in excess of that permitted by law; or who is convicted of the offence of refusing to take a breathalyser or blood test when requested to do so in a lawful manner; except where there are any relevant statutory provisions to the contrary. This Exclusion 15.3 will not apply if the Insured proves that whilst permission was given for such person to use the Insured Vehicle, the Insured s officer responsible for insurance did not know, or could not reasonably have known, that the person was so affected. Vertex Commercial Motor Vehicle RRIS

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