Multivehicle. Policy

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1 Multivehicle Policy

2 Index Index What to do if you have an accident Definitions Data Protection Notice Cover Section 1 - Liability to others Section 2 - Loss of or damage to your vehicle Section 3 - Loss of keys and lock replacement Section 4 - Unlicensed drivers Section 5 - Medical expenses Section 6 - Personal belongings Section 7 - Personal accident Section 8 - Foreign use Section 9 - Payments for journeys (car sharing) - (only applies to private cars) Section 10 No claims bonus Section 11 Legal Expenses. 20 General exceptions General conditions Important notice Delivering quality insurance solutions Endorsements

3 What to do if you have an accident What to do if you have an accident It is important that you notify us of a claim at the earliest opportunity, if safe to do so from the scene of the accident. This will help us to give you the best service as well as control the claim costs and the future cost of your insurance. Accident, Fire and Theft Claims Call our Claims Helpline on Our 24-hour UK helpline, open 365 days a year, will take initial details of the incident. Our expert staff are here to help you get back on the road quickly. Windscreen Replacement / Repair Call our Windscreen Helpline on Repairs to your vehicle If damage to your vehicle is covered under your policy we will manage the repairs through our network of Approved Repairers. This service includes: Roadside recovery if your vehicle is immobile Collection and redelivery following repairs Supply of a free courtesy car or car derived van while your vehicle is repaired (does not apply to total loss claims) Vehicle cleaned before return Repairs guaranteed for 5 years The reassurance of your claim being handled by an expert claim handler within our dedicated claims team. Claims against you To help us reduce the amount of any claim that might be made against you and protect you against fraudulent claims: Do not apologise or admit fault Obtain the third party s: o name, address and contact number o registration number and make/model of their vehicle o their insurer s name and policy number Note the damage to the third party s vehicle and take photographs Note any injuries Note the number of passengers in the other vehicle Take the name, address and contact number of any witnesses to the accident Record the name and number of any Police officer who attends the scene of the accident Take photographs of the scene and third party vehicle with a camera or mobile phone if safe to do so Note any unusual behaviour from the third party and the direction the other motorist takes when leaving the scene. (Continued on next page) 2

4 What to do if you have an accident ERS is committed to: Providing a market leading customer experience Claims handling by a specialist claims team Providing a network of approved suppliers to get you back on the road quickly Combating fraud to keep your premiums low Pro-active third party claims handling helping to reduce claims costs Use of the most sophisticated up-to-date industry tools to assist our claims handling. We want to get our customers back on the road as quickly as possible. Important note Protect Your Vehicle Ensure it is locked and the keys have been removed Your insurance will not cover loss of or damage to your vehicle or its contents by theft or attempted theft if: it has been left unlocked; it has been left with the keys in it; it has been left with the windows, roof panel or the roof of a convertible vehicle open. 3

5 This is your ERS Multivehicle Insurance policy document. This policy and any schedule, endorsement and certificate should be read as if they were one document. If you have any questions about any of your motor insurance documents, call your insurance adviser or ERS office. This insurance is written in English and all communications about it will be in English. Unless we have agreed otherwise with you, this insurance is governed by English law. Multivehicle Insurance This document is a legally-binding contract of insurance between you (the insured) and us (ERS). The contract does not give, or intend to give, rights to anyone else. No-one else has the right to enforce any part of this contract. We may cancel or change any part of the contract without getting anyone else s permission. The contract is based on the information you provided in your signed proposal form or statement of fact. We have agreed to insure you under the terms, conditions and exceptions contained in this booklet or in any endorsement applying to this booklet. The insurance provided by this document covers any liability, loss or damage that occurs during any period of insurance for which you have paid, or agreed to pay the premium. Signed for and on behalf of ERS Mark Bacon Active Underwriter 4

6 Definitions Definitions The following words or phrases shall have the same meaning wherever they appear in this document: Accessories - spare parts and accessories to be used with your vehicle. Agreed value the value specifically agreed by us Certificate of motor insurance - a document which is legal evidence of your insurance and which forms part of this document, and which must be read with this document. Cooling off period - The period within 14 (fourteen) days from acceptance of this contract or the day on which You received Your policy documentation whichever is the later. Endorsement - a change in the terms of the insurance which replaces the standard insurance wording, and is printed on, or issued with, the schedule or a revised schedule. ERS - is made up of the Lloyd s underwriters who have insured you under this contract. Each underwriter is only liable for their own share of the risk and not for any other s share. You can ask us for the names of the underwriters and the share of the risk each has taken on. Excess - a contribution by you towards a claim under this insurance. Period of insurance - the period of time covered by this insurance (as shown in the schedule) and any further period we accept your premium for. Road - any place which is a road for the purpose of any compulsory motor insurance legislation operative within the United Kingdom. Schedule/amended schedule - the document showing the vehicle(s) we are insuring and the cover which applies. The Vehicle(s) - any vehicle or vehicles specified in the schedule of vehicles or described in the current certificate of motor insurance. Agricultural vehicle meaning a vehicle used solely for agricultural or forestry purposes. Car meaning any private car, estate car or utility car. Commercial vehicle meaning any motor vehicle other than a car, coach, minibus or motorcycle. Horsebox meaning a vehicle used to transport equine Motorcycle meaning any motorcycle, motorcycle and sidecar or moped. Motorhome meaning a vehicle with self contained living quarters Minibus meaning a vehicle with between 9 and 16 passenger seats in addition to the driver. Trailer meaning any trailer which is your property or for which you are responsible. The trailer does not include a disabled mechanically propelled vehicle. Quad bike meaning a vehicle like a motorcycle but with 4 wheels and a maximum weight of 550 kilograms Except when you have requested and we have agreed to provide cover, the Insured Vehicle does not include any vehicle registered elsewhere than in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands. United Kingdom - England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands. We, us - ERS. You - the person named as the insured in the schedule, or as the policyholder in any certificate of motor insurance or renewal notice applying to this insurance. 5

7 Data Protection Notice Data Protection Notice Please read this notice carefully as it contains important information about the details you will give or have given us. It is a condition of this insurance that you read and accept the terms of this data protection notice. You should show this notice to anyone covered by this insurance. We will process the details you have provided in line with the Data Protection Act 1998 and other laws which may apply. Your information may also be processed outside of the European area. In all instances we make sure that your information has enough protection. So that we can assess the terms of an insurance contract, or deal with any claims that may arise, we may need to share information such as your name, address, date of birth, or other information which is classed as sensitive under the Data Protection Act For example, this could include details of your medical conditions or criminal convictions. We may pass this information to other organisations that we have carefully chosen as well as other companies within our group. If we provide a credit facility for you to pay your premiums, we may share your information with credit-reference agencies and other companies for use in credit decisions, to prevent fraud and to find people who owe money. We share information with other insurers, certain government organisations and other authorised organisations for the following purposes. Insurance underwriting We examine the possible risk in relation to your prospective policy (or anyone else involved in the policy) so that we can: consider whether to accept a risk; make decisions about providing and dealing with insurance and other related services for you and members of your household; set price levels for your policy; confirm your identity to prevent money laundering; and check the claims history for you or any person or property likely to be involved in the policy or a claim at any time. We may do this: when you apply for insurance; if there is an accident or a claim; or at the time you renew the policy. Preventing or detecting fraud We will share information about you with other organisations and public organisations including the police for the purpose of: tracing debtors or beneficiaries; recovering debt; managing your accounts and insurance policies; carrying out fraud searches; and preventing fraud. Insurers pass information to the Claims Underwriting and Exchange Register and the Motor Insurance Anti-Fraud and Theft Register run by Insurance Database Services Limited (IDSL). This helps insurers check information and prevent fraudulent claims. When we deal with your request for insurance we may search these registers. If you give us false or inaccurate information: it may mean your insurance policy or prospective insurance policy is not valid; we will pass details to fraud-prevention agencies; law-enforcement agencies may access and use this information; and we and other organisations may access and use this information to prevent fraud and money laundering. 6

8 Data Protection Notice Cheat line To protect our policyholders, we are members of the Insurance Fraud Bureau (IFB). If you suspect insurance fraud is being committed, you can call them on their confidential cheat line on Keeping to legal responsibilities Managing claims If you make a claim, we may need to release information to another person or organisation involved in that claim. This includes, but is not restricted to, others involved in the incident, their insurer, their solicitor or representative and medical teams, the police or other investigators. We also may have to investigate your claim and conviction history. Under the conditions of your policy, you must tell us about any incident (such as an accident or theft) which may or may not result in a claim. When you tell us about an incident, we will pass information relating to it to IDSL. Motor Insurance Database Information about your insurance policy will be added to the Motor Insurance Database (MID) which is managed by the Motor Insurers Bureau (MIB). Certain government or authorised organisations including the police, the DVLA, the DVANI, the Insurance Fraud Bureau and other organisations allowed by law may use the MID and the information stored on it for purposes including: Continuous Insurance Enforcement (you can get information about this from the Department of Transport); electronic vehicle licensing; law enforcement for the purposes of preventing, detecting, catching or prosecuting offenders; and providing government services or other services aimed at reducing the level of uninsured driving. If you are involved in a road-traffic accident (either in the UK, the EEA or certain other territories), insurers or the MIB (or both) may search the MID to gather relevant information. Anyone making a claim for a road-traffic accident (including their appointed representatives and citizens of other countries) may also gather relevant information which is held on the MID. It is vital that the MID holds your correct registration number. If it is not shown correctly on the MID, you are at risk of having your vehicle seized by the police. You can check that your correct registration number details are shown on the MID at Managing complaints If you make a complaint about the service we have provided, we may have to pass on details about your complaint, including your personal information, to other people or organisations such as Lloyd s or the relevant ombudsman. If you have any questions, or want to receive details of the relevant fraud-prevention agencies, please contact the Company Secretary at ERS Insurance Group Limited, Library House, New Road, Brentwood, Essex CM14 4GD. 7

9 Cover Cover The cover you have Your schedule shows you what cover you have. The different types of cover are listed below together with the sections of the policy that apply. Comprehensive - all sections apply. Third Party, Fire and Theft - section 1, section 2 (except accidental or malicious damage and vandalism), sections3, 4, 5, 9 and 10 apply Third Party Only - sections 1, 4, 5, 9 and 10 apply. Fire and Theft - only section 2 (except accidental or malicious damage and vandalism) applies. Accidental Damage Fire and Theft - only section 2 applies. The general terms, conditions and exceptions contained in this document apply to all sections of the insurance. 8

10 Section 1 Section 1 - Liability to others Driving or using your vehicle We will insure you for all the amounts you may be legally liable to pay for: death of or injury to other people; or damage to property; as a result of any accident you have while you are driving, using or in charge of your vehicle or while you are loading and unloading your vehicle. Other people driving or using your vehicle In the same way you are insured, we will also insure the following people: Any person you allow to drive or use your vehicle, as long as this is allowed by your current certificate of motor insurance and has not been excluded by an endorsement, exception or condition. Any passenger who causes an accident while travelling in or getting into or out of the insured vehicle as long as you ask us in writing, after the accident, to indemnify the passenger. Limits of indemnity to property damage in respect of private cars We will pay up to 20,000,000 for property damage for any one claim or series of claims arising out of one accident. We will pay up to 5,000,000 for costs and expenses arising from property damage for any one claim or series of claims arising out of one accident. If there is a property damage claim made against more than one person covered by this insurance, we will deal with any claim made against you first. Limits of indemnity to property damage in respect of all other vehicles, including private cars used for hire purposes We will pay up to 20,000,000 for property damage for any one claim or series of claims arising out of one accident. If there is a property damage claim made against more than one person covered by this insurance, we will deal with any claim made against you first. Legal personal representatives After the death of anyone who is covered by this insurance, we will deal with any claim made against that person s estate, as long as the claim is covered by this insurance. 9

11 Section 1 Costs and expenses Legal costs If we first agree in writing, we will pay: solicitor s costs if anyone we insure is represented at a coroner s inquest, fatal accident inquiry or court of summary jurisdiction; reasonable costs for legal services to defend anyone we insure against any prosecution arising from any death; and all other legal costs and expenses we agree to. We will only pay these legal fees if they arise from an accident that is covered under this insurance. The most we will pay for legal costs is 35,000 for any claim or claims arising out of one incident. Duty of Care driving at work, legal costs If we first agree in writing, we will pay: your legal fees and expenses incurred with our written consent for defending proceedings including appeals; costs of prosecution awarded against you arising from any health and safety inquiry or criminal proceedings for any breach of the: Health and Safety at Work Act 1974; Health and Safety at Work (Northern Ireland) order 1978; Corporate Manslaughter and Corporate Homicide Act 2007 We will not pay: unless the proceedings relate to an actual or alleged act, omission or accident committed during the period of insurance within Great Britain, Northern Ireland, the Isle of Man or the Channel Islands and in connection with your business; unless the proceedings relate to an actual or alleged act, omission or accident arising from the ownership, possession or use by or on behalf of you of any motor vehicle or trailer in circumstances where compulsory insurance or security is required by the Road Traffic Acts; in respect of proceedings which result from any deliberate act or omission by you; or where cover is provided by any other policy. The most we will pay in respect of such legal fees, expenses and costs is up to the amount shown on the schedule for: Health and Safety at Work Act 1974; Health and Safety at Work (Northern Ireland) order 1978 Corporate Manslaughter and Corporate Homicide Act 2007 Emergency medical treatment We will pay for emergency medical treatment that is needed after an accident involving any vehicle which this insurance covers. 10

12 Section 1 Towing Under this section we will insure you while any vehicle covered by this insurance is towing a caravan, trailer or a brokendown vehicle (as allowed by law.) We will not pay any claim arising from the following: Damage to or loss of the towed caravan, trailer or broken-down vehicle. Damage to or loss of any property being carried in or on the towed caravan, trailer or broken-down vehicle. A caravan, trailer or broken-down vehicle being towed for reward. Towing more trailers than the number allowed by law. If more than one caravan or broken-down vehicle is being towed at any one time. We will only provide this cover if: the caravan, trailer or broken-down vehicle is properly secured to your vehicle by towing equipment manufactured for the purpose; and the method of towing the caravan, trailer or broken-down vehicle stays within the manufacturer s recommended towing limits and any other relevant law. Driving other vehicles We will also provide the cover shown above (if this is shown in your certificate of motor insurance), to drive any private car that you do not own and have not hired under a hire-purchase or leasing agreement, as long as you have the owner s permission to drive the car. You are not insured against: any loss or damage to the vehicle you are driving; any event which happens outside of the United Kingdom; any legal responsibility if you no longer have the insured vehicle; any event which happens when the insurance is not in the name of an individual person; any legal responsibility unless the vehicle is insured in its own right; or releasing a vehicle that has been seized by the police. Riding other motorcycles We will also provide the cover shown above (if this is shown in your certificate of motor insurance and the motorcycle does not have a higher cubic capacity than any motorcycle specified under this policy), to ride any motorcycle that you do not own and have not hired under a hire-purchase or leasing agreement, as long as you have the owner s permission to ride the motorcycle. You are not insured against: any loss or damage to the motorcycle you are riding; any event which happens outside of the United Kingdom; any legal responsibility if you no longer have the insured motorcycle; any event which happens when the insurance is not in the name of an individual person; any legal responsibility unless the motorcycle is insured in its own right; or releasing a motorcycle that has been seized by the police. 11

13 Section 1 Exceptions to section 1 This section of your insurance does not cover the following. 1. Anyone who can claim for the same loss from any other insurance. 2. Loss of, or damage to any premises belonging to or occupied by you, any other property owned by you or in your custody or control or any property or load being conveyed by the insured vehicle or trailer. 3. Death of or bodily injury to any person arising out of and in the course of their employment by the policyholder or by any other person claiming under this insurance. This does not apply if we need to provide cover due to the requirements of relevant laws. 4. Any liability arising while any vehicle is being used in or on any part of an airport or aerodrome which is used for: aircraft takeoff or landing; aircraft parking including service roads; ground equipment parking areas except where we need to provide the minimum insurance required by the Road Traffic Act. 5. Any liability arising directly or indirectly from acts of terrorism, as defined in the UK Terrorism Act 2000, except where we need to provide the minimum insurance required by the Road Traffic Act. 6. Any liability, except where we need to provide the minimum insurance required by the Road Traffic Act, for claims for death, injury, illness, loss or damage to property arising directly or indirectly from pollution or contamination unless caused by a sudden identifiable unintended and unexpected event. This exception: relates to contamination or pollution caused directly or indirectly by any substance, liquid, vapour or gas leaking or being released; and includes contamination or pollution of any building or other structure, water, land or the air. We will not pay for claims arising directly or indirectly from contamination or pollution where it is caused by any substance, liquid, vapour or gas being deliberately released or leaks caused by the failure to maintain or repair your vehicle, or any part of it. 12

14 Section 2 Section 2 Loss of or damage to your vehicle This cover only applies to your vehicle We will insure your vehicle and accessories against loss or damage (less any excess that applies) caused by: accidental or malicious damage, flood damage or vandalism; fire, lightning, self-ignition and explosion; or theft or attempted theft, or taking the vehicle away without your permission. For a claim under this section we may either: pay for the damage to be repaired; pay an amount of cash to replace the lost or damaged item; or replace the lost or damaged item. The most we will pay will be either: the market value of your vehicle immediately before the loss (including its accessories and spare parts) up to the value shown in the schedule; or the cost of repairing the vehicle; whichever is less. OR the agreed value if specifically endorsed on your schedule We will not pay the cost of any repair or replacement which improves your vehicle or accessories to a better condition than they were in before the loss or damage. If this happens you must make a contribution towards the cost of repair or replacement. Excesses You will be liable to pay the excess amount shown on the schedule for each vehicle sustaining loss or damage arising from any claim covered by this policy; any additional excess for a young or inexperienced driver are as follows: Age of driver Amount you pay Under 21 years to 22 years to 24 years years or over and holding a provisional licence or full UK licence for less than 12 months 200 If We pay any of these sums on Your behalf You will have to repay Us. Should more than one vehicle be involved in the same incident the excess shown on the schedule shall apply to each vehicle separately. Recovery and re-delivery Following any claim covered under Section 2 Loss of or damage to your vehicle we will pay the reasonable cost of removing the vehicle from the place where the damage occurred to the premises of the nearest competent repairer and re-deliver to you in the United Kingdom after repair. Do not attempt to move the vehicle yourself if this could increase the damage. If unnecessary damage is caused as a result of your attempts to move your vehicle we will not pay any extra cost arising from that damage. 13

15 Section 2 Repairs If your vehicle is damaged in any way covered by this insurance contact us immediately for advice and assistance about repairs. If your vehicle cannot be driven safely you may authorise reasonable and necessary repairs without previously obtaining consent providing that you notify us immediately. We may arrange for your vehicle to go to a repairer of our choice if we cannot reach an agreement with the repairers over costs. Total loss (write-off) If the cost of repairing your vehicle is greater than the market value of your vehicle, we will offer you an amount as compensation. The insurance for your vehicle will end when you accept that offer. If we ask, you must send us your vehicle registration document (V5c), MOT certificate, receipt for buying the vehicle, all keys and any other relevant documents before we agree to settle the claim. Once we have made a payment, your vehicle becomes our property. You will not receive a refund of your premium if your insurance ends due to the total loss of your vehicle. If you pay your premium under the ERS instalment plan, we will take the amount you owe for the year s premium from the claim payment. If the vehicle belongs to someone else, we will normally pay an amount to the vehicle s owner for the total loss of the vehicle. If there is any outstanding loan on your vehicle, we may pay the finance company first. If our estimate of market value is more than the amount you owe them, we will pay you the rest. If our estimate of the market value is less than the amount you owe, you may have to pay them the balance. If your vehicle is leased or on contract hire, we may pay the leasing or contract-hire company first. If our estimate of the market value is more than the amount you owe the leasing or contract-hire company, the amount we pay them will settle the claim. If our estimate of the market value is less than the amount you owe, you may have to pay them the balance. When working out the value of the vehicle we may take into account any discount on the manufacturer s recommended retail price you received when buying the vehicle. New vehicle replacement This cover shall apply to any car or any commercial vehicle with a gross vehicle weight of 3.5 tonnes or less. If within 12 months from the date of first registration as new in your name the cost of repairing any damage (that is covered by this document) is more than 50% of the manufacturer s recommended retail price plus taxes, or lost by theft and not recovered we will replace it with a new vehicle of the same make, model and specification, provided one is available. We will then own the vehicle that was the subject of the claim. Windscreen damage (comprehensive cover only) You may claim for damage to your vehicle s windscreen or windows and for any bodywork scratched by broken glass from the window or windscreen. If we pay under this part of your insurance, this will not affect your no claims bonus. A replacement will be subject to 100 excess for each claim. There is no limit on the cost of the windscreen. No excess will apply if the windscreen can be repaired instead of replaced. This benefit does not apply to damaged sun roofs, roof panels, lights or reflectors whether glass or plastic. 14

16 Section 2 When your vehicle is being serviced The cover provided under this section will still apply when your vehicle is being serviced or repaired. While the vehicle is in the hands of the motor trade for a service or repair we ignore any restrictions on driving or use (as shown in your certificate of motor insurance). Accessories, Audio, visual, communication, guidance or tracking equipment Your vehicle s spare parts and fitted accessories are insured in the same way, (this includes the maker s tool kit and the vehicle s safety equipment). We only provide this cover if the spare parts and accessories are only used with your vehicle, are kept in or on your vehicle and fall within the maximum amount we pay. Permanently-fitted audio, visual and telephone equipment is also insured against loss or damage, but we will only pay the market value of the equipment at the time of the loss or damage. We will only pay up to 400 for items which are not the manufacturer s standard fitted equipment. We will not pay for loss of or damage to cassettes, compact or mini discs, DVDs or accessories used with the audio, visual or telephone equipment. 15

17 Section 2 Exceptions to section 2 This section of your insurance does not cover the following. 1. An amount as compensation for you not being able to use your vehicle (including the cost of hiring another vehicle). 2. Wear, tear and depreciation. 3. Failures, breakdowns or breakages of mechanical, electrical, electronic or computer equipment. 4. The vehicle s value reducing, including loss of value as a result of damage, whether repaired or not. 5. Repairs or replacements which improve the condition of the vehicle. 6. Damage to tyres, unless caused by an accident to your vehicle. 7. Damage due to liquid freezing in the cooling system, unless you have taken reasonable precautions as laid down by the vehicle manufacturer s instructions. 8. Loss resulting from repossessing the vehicle and returning it to its rightful owner. 9. Loss of or damage to your vehicle or its contents by theft or attempted theft or an unauthorised person taking and driving it if: it has been left unlocked; it has been left with the keys in it; it has been left with the windows, roof panel or the roof of a convertible vehicle open; or reasonable precautions have not been taken to protect it. 10. Loss of fuel. 11. Loss of or damage to your vehicle as a result of deception 12. We will not provide cover on motorised caravans for any loss arising from the use of, or directly caused by heating, lighting, or cooking apparatus unless a serviceable fire extinguisher is being carried in the vehicle 13. We may on request and at our option offer a reduced cash settlement and allow the insured to keep the damaged vehicle provided it is classified by the engineer as repairable. 14. If any damaged part or accessory cannot be obtained in the United Kingdom, we will pay in cash the replacement cost of the part or accessory which is the closest in comparison to the damaged part or accessory and which can be obtained from a United Kingdom source. 15. Any fixtures and fittings of a motorhome unless the value of such fixtures and fittings is reflected in the declared value. Loss of or damage to your vehicle resulting from a member of your immediate family, or a person living in your home, taking your vehicle without your permission, unless that person is convicted of theft. 16

18 Sections 3, 4, 5 and 6 Section 3 - Loss of keys and lock replacement We will pay up 500 if the keys for your vehicle are lost or stolen and have not been recovered. We will pay for the cost of replacing entry key and transponders, ignition and steering locks that can be opened or operated with the lost items. Provided that: 16. you let the police know about the loss as soon as it is discovered; and 17. the identity or garaging address of the vehicle would be known to any person who is in possession of your keys or lock transponder. You will not have to pay an excess for any claim under this section. Section 4 - Unlicensed drivers We will insure an unlicensed driver under this document when a licence is not required by law provided the driver is old enough to have obtained a licence to drive the vehicle had one been required by law. Section 5 - Medical expenses We will pay up to 500 for each person for the medical expenses of anyone who is injured while they are in your vehicle as a result of an accident involving your vehicle. You will not have to pay an excess for any loss under this section. Section 6 - Personal belongings We will pay up to 100 for personal belongings in or on your car or commercial vehicle and up to the limit shown on your schedule for personal belongings in or on your motorhome, if they are lost or damaged because of an accident, fire, theft or attempted theft. You can only make a claim under this section when also claiming under Section 2 Loss of or damage to your vehicle This cover does not apply to: money; goods or samples connected with your business; property insured under any other contract; property that was not protected. theft of any property from motorcycles is excluded. theft of any property carried in an open or convertible car unless stolen from a locked boot or locked glove compartment. The cost of replacing any undamaged items forming part of a set (other than a pair), suite or other article of uniform nature design or colour including carpets when damage occurs to a specific part and replacements cannot be matched. The maximum amount payable for any one article shall not exceed 400 (other than portable generators where the maximum amount payable for any one article shall not exceed 500). 17

19 Sections 7 and 8 Section 7 - Personal accident We will pay the following amounts if you or your husband, wife or civil partner accidentally receives an injury or is killed and within three months of the accident it is the only cause of that death or injury. Type of injury Amount we will pay Death 3,500 Loss of any limb 1,500 Permanent blindness in one or both eyes 1,500 To get a payment, the injury or death must: be directly connected with your vehicle s accident; or have happened when you or your husband, wife or civil partner were travelling in, or getting into or out of, any other motor vehicle. The most we will pay in any one period of insurance is 3,500. We will make the payment to you or your legal personal representative. If you or your husband, wife or civil partner have any other insurance contract with us, we will only pay out under one contract. This personal accident benefit does not apply to: anyone who is 70 or older at the time of the accident; death or bodily injury caused by suicide or attempted suicide; or incidents unless the insurance is in an individual s name. Section 8 - Foreign use In respect of foreign use the cover shown on the schedule will apply to any member country of the European Union, Andorra, Iceland, Norway, Serbia and Switzerland (including Liechtenstein) in respect of the vehicles described in your schedule. In respect of any other Countries or vehicles other than shown above you should contact us and if we agree to provide cover we may require an additional premium. If cover is provided the following benefits apply: Insurance cover This insurance is extended to apply to claims occurring: in any country which we have agreed to provide cover for; and while the vehicle is being transported (including loading and unloading), between ports in countries where you have cover, as long as the vehicle is being transported by rail or by a recognised sea route of not more than 65 hours. Customs duty and other charges If your vehicle suffers any loss or damage covered by this insurance, and the vehicle is in any country which we have agreed to provide cover for, we will do the following. Refund any customs duty you have to pay after temporarily importing your vehicle into any of the countries where you have cover. If your vehicle cannot be driven because of any loss or damage, we will pay the reasonable cost of delivering the vehicle to you at your address after the repairs have been made. Refund any general average contributions, salvage charges and sue and labour charges incurred during transit of your vehicle. 18

20 Sections 9 and 10 ERS Policy Book Sections 9 and 10 Section 9 - Payments for journeys (car sharing) - (only applies to private cars) You can accept payments from passengers in your vehicle if you are giving them a lift for social or other similar purposes. Accepting these payments will not affect your insurance cover if: the vehicle cannot carry more than 8 people (including the driver); you are not carrying the passengers in the course of a business of carrying passengers; and the total of the payments you receive for the journey does not provide a profit. Section 10 No claims bonus If a single claim is made is made in any period of insurance, and if the terms and conditions do not change, we will reduce any no claims bonus which you have earned at your next renewal as follows: From 4 years or more to 2 years From 3 years to 1 year From 2 years to nil If two or more claims are made in any period of insurance, you will lose all your no claims bonus. If more than one vehicle is covered by this insurance, we will assess the no claim bonus as if we had issued separate insurance for each vehicle. We will assess your no claim bonus at each renewal You cannot transfer your no claims bonus to another person. 19

21 Section 11 Motor Legal Expenses Insurance Master Certificate Number LES/1007/1012 IMPORTANT NOTICE REGARDING THE OPERATION OF THIS POLICY. FAILURE TO COMPLY WITH THESE TERMS COULD MEAN THAT WE DECLINE TO PAY YOUR CLAIM. All potential claims must initially be reported to Our appropriate Claims Helpline and Notification Services detailed below:- Legal Claims Notification & Advice Helpline Service Operates 24 hours a day 365 days a year. This Helpline service is only in respect of legal issues and cannot assist with any other insurance matter. This is a policy where You must notify Us during the Period of Insurance and within 180 days of any circumstances which may give rise to any claim under this policy. Failure to do so could mean that We decline to pay a claim for Your Professional Fees. If You can convince Us that there are sensible prospects of being successful in Your claim and that it is reasonable for Professional Fees to be paid We will:- take over the claim on Your behalf appoint a specialist of Our choice to act on Your behalf. We may limit the Professional Fees that We pay under the policy where:- 1. We consider it is unlikely a reasonable settlement of Your claim will be obtained; or 2. there is insufficient prospects of obtaining recovery of any sums claimed; or 3. the potential settlement amount of Your claim is disproportionate compared with the time and expense incurred in pursuing or defending Your claim. Where it may cost us more to handle a claim than the amount in dispute We may at Our option pay to You the amount in dispute which will then constitute the end of the claim under this policy. If Legal Proceedings have been agreed by Us, You may at this stage decide to nominate and use Your own solicitor or indeed, You may wish to continue to use Our own specialists. If You decide to nominate Your own professional We must agree this in advance and You will be responsible for any Professional Fees in excess of those which Our own specialists would normally charge Us (Details are available upon request). At conclusion of Your claim if You are awarded any costs (not Your damages), these must be paid to Us. In the event that You make a claim under this policy which You subsequently discontinue due to Your own disinclination to proceed, any Professional Fees incurred to date will become Your own responsibility and will be required to be repaid to the insurer. Please note that if You engage the services of anyone prior to making contact with the Claims Helpline Service and incur any costs without our prior written approval these costs will not be covered by this insurance. If upon receipt of this policy You are unhappy with any of the requirements as stated above please advise Your insurance adviser immediately who subject to there being no claims on this policy will arrange a full refund of premium. Important Policy Information All potential claims must initially be reported to the Claims Helpline Service. The Legal Claims Notification & Advice Helpline Service telephone number is If You have a query relating to policy cover You should contact: Operates 24 hours a day 365 days a year. Kindertons Accident Management Marshfield Bank Crewe Cheshire CW2 8UY Please note that the Claims Notification & Legal Helpline service is not empowered to give advice on the admissibility of any claim under this policy. This is a Claims Made policy. It only covers claims notified to Us during the Period of Insurance and within 180 days of any circumstance which may give rise to any claim. Failure to do so could lead Us to decline that claim. Policy Definitions The words or expressions detailed below have the following meaning wherever they appear in this policy. Agent The Agent appointed by the Coverholder to transact this insurance with You. 20

22 Legal Expenses Authorised Professional A solicitor, counsel, claims handler or mediator, accountant, firm of accountants or other appropriately qualified person appointed and approved by Us under the terms and conditions of this policy to represent Your or an Insured Person s interests. Court A Court, tribunal or other competent authority. Event The initial event, act or omission which sets off a natural and continuous sequence of events that subsequently gives rise to a claim for indemnity against Us. Excess The first amount of each and every claim as detailed on the Schedule or Insured Event. Insured Person The Policyholder and any other person authorised by You to drive or to be a passenger in or on the Insured Vehicle. Insured Vehicle A vehicle that You own or for which You are legally responsible including any caravan or trailer whilst being legally towed. Insurer UK General Insurance Limited on behalf of the Insurer described within the Schedule. UK General Insurance Limited and the Insurer described within the Schedule are authorised and regulated by the Financial Services Authority (FSA). This can be checked on the FSA s register by visiting the FSA s website at Legal Proceedings When formal Legal Proceedings are issued against an opponent in a Court of Law. Limit of Indemnity The sums specified in the Schedule being the maximum We will pay including Insured Events related by time or cause. Period of Insurance The Period of Insurance shown in the Schedule. Policyholder, You, Your The person or company who has paid the premium and is named in the Schedule as the Policyholder. Professional Fees Legal fees and costs reasonably and properly incurred by the Authorised Professional, with Our prior written authority, including costs incurred by another party for which You are made liable by Court Order or may pay with Our consent in pursuit of a civil claim within the Territorial Limits arising from an Insured Event. Professional Fees will include VAT where it cannot be recovered. Schedule The document which shows details of You and this insurance and is attached to and forms part of this policy. Standard Professional Fees The level of Professional Fees that would normally be incurred by Us in using a nominated Authorised Professional of Our choice. Territorial Limits England, Scotland, Wales. Time of Occurrence Civil Cases - when the Event occurred or commenced whichever is the earlier. Criminal Cases - when You or an Insured Person commenced or is alleged to have commenced to violate the criminal law in question. We, Us, Our The Insurer and/or Legal Insurance Management Limited, the Coverholder or the Authorised Professional. Legal Insurance Management Limited is authorised and regulated by the Financial Services Authority (FSA). This can be checked on the FSA s register by visiting the FSA s website at 21

23 Legal Expenses Cover You have paid the premium and supplied to Us a proposal and declaration or other information which shall be the basis of this contract and be incorporated in this policy. Upon payment of the policy Excess if applicable, We will indemnify You in accordance with Our Standard Professional Fees and where requested by You any other Insured Person up to the Limit of Indemnity subject to the terms, conditions and exclusions of this policy, against Professional Fees arising from an Insured Event within the Territorial Limits where You notify Us during the Period of Insurance and within 180 days of the Time of Occurrence of the Event. Insured Event Personal Injury What is Covered? Pursuing a civil claim following a road accident involving the Insured Vehicle and resulting in the death of or bodily injury to an Insured Person. What is Excluded? Excluding:- 1. any injury or illness not caused by a sudden or specific accident. 2. any claim arising from a stress or psychological related condition. Uninsured Loss Recovery What is Covered? A road accident involving the Insured Vehicle and resulting in uninsured losses being incurred by an Insured Person. Motoring Criminal Prosecution What is Covered? Defending a criminal prosecution brought against You as a result of a driving offence where Your driving licence is at risk of being revoked or suspended. What is Excluded? Excluding:- 1. any Professional Fees relating to an allegation that the Insured Person was in control of the vehicle whilst under the influence of alcohol or drugs (whether prescribed or otherwise). 2. any claim where an Insured Person (not being the Policyholder) is driving under a driving other cars extension to their motor insurance policy. 3. claims arising out of the use of an Insured Vehicle by an Insured Person for racing, rallies,trials or competitions of any kind. 4. travelling expenses, subsistence allowance, or compensation for absence from work in pursuit of an Insured Person s claim. 5. any claim if an Insured Person has never held (or has been disqualified from holding or obtaining) a driving licence at the time of the Event. 6. Any Professional Fees relating to an allegation of violent behavior. General Policy Exclusions This insurance does not cover: 1) Professional Fees incurred:- a) in respect of any Event where the Time of Occurrence commenced prior to the commencement of the insurance. b) where the Insured Person should reasonably have realised when purchasing this insurance that a claim under this insurance might occur. c) before Our written acceptance of a claim. d) before Our approval or beyond those for which We have given Our approval. e) where You fail to give proper instructions in due time to Us or to the Authorised Professional. f) where You are responsible for anything which in Our reasonable opinion prejudices Your case. g) if You withdraw instructions from the Authorised Professional, fail to respond to the Authorised Professional, withdraw from the Legal Proceedings or the Authorised Professional refuses to continue to act for You. h) where You decide that You no longer wish to pursue Your claim as a result of disinclination. All costs incurred up until this stage will become Your Responsibility. i) in respect of the amount in excess of Our Standard Professional Fees where You have elected to use an Authorised Professional of Your own choice. 22

24 Legal Expenses 2) The pursuit continued pursuit or defence of any claim if We consider it is unlikely a reasonable settlement will be obtained or where the likely settlement amount is disproportionate compared with the time and expense incurred. 3) Claims which are conducted by You in a manner different from the advice or proper instructions of Us or the Authorised Professional. 4) Appeals unless You notify Us in writing of Your wish to appeal at least six working days before the deadline for giving notice of appeal expires and We consider the appeal to have reasonable chance of success. 5) Any Professional Fees and expenses that could have been recovered under any other insurance except beyond the amount which would be payable under such insurance had this policy not been effected. 6) Damages, fines or other penalties You are ordered to pay by a Court, tribunal or arbitrator. 7) Claims arising from an Event arising from Your deliberate act, omission or misrepresentation. 8) Claims arising from:- a) Ionising, radiations or contamination by radioactivity from irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. b) Any radioactive, toxic, explosive or other hazardous properties of any nuclear assembly or component thereof. c) War, terrorism or any like or any associated risk. d) Seepage, pollution or contamination of any kind. e) Pressure waves caused by aircraft or other aerial devices. 9) Legal Proceedings outside the Territorial Limits and proceedings in constitutional international or supranational courts or tribunals including the European Court of Justice and the Commission and Court of Human Rights. 10) A dispute which relates to any compensation or amount payable under a contract of insurance. 11) A dispute with Us not dealt with under the Arbitration Condition. 12) An application for judicial review. 13) Any Professional Fees incurred in defending or pursuing new areas of law or test cases. 14) Any matter in respect of which an Insured Person is entitled to Legal Aid where Our liability shall be limited to the sum equal to any assessed income based contribution payable by the Insured Person towards Professional Fees incurred under the Crown Court Means Testing scheme where this applies. 15) Any claim where Your motor insurer is entitled to repudiate Your motor policy or refuse indemnity. 16) Any claim where an Insured Person (not being the Policyholder) is driving under a driving other cars extension to their motor insurance policy. 17) Claims arising out of the use of an Insured Vehicle by an Insured Person for racing, rallies, trials or competitions of any kind. 18) Travelling expenses, subsistence allowance or compensation for absence from work in pursuit of an Insured Person s claim. 19) Any claim if an Insured Person has never held (or has been disqualified from holding or obtaining) a driving licence at the time of the Event. 20) Claims made by an Insured Person against any authorised passenger in the Insured Vehicle. 21) Claims for passengers where there is a conflict of interest between You or the authorised driver and any other passenger(s). Policy Conditions Alteration of Risk You shall notify Us immediately of any alteration in risk which materially affects this insurance. Observance Our liability to make any payment under this policy will be conditional on You complying with the terms and conditions of this insurance. Claims You must tell Us in writing within 180 days about any matter, which could result in a claim being made under this policy, and must obtain in writing Our consent to incur Professional Fees. We will give such consent if You can satisfy Us that there are sufficient prospects of success in pursuing or defending Your claim and that it is reasonable for Professional Fees to be paid and You have paid the Excess. We may require (at Our discretion) You at Your expense to obtain the opinion of an expert or counsel on the merits of a claim or continued merits of a claim or Legal Proceedings. If We subsequently agree to accept or continue with the claim, the costs of such opinion will be covered. 23

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