Car Insurance Optional Extras Policy Wording

Transcription

1 Car Insurance Optional Extras Policy Wording The products outlined in this booklet only apply if shown in your Car Insurance Welcome Letter and Optional Extras Schedule

2 Contents Contents 1. Legal Protection Breakdown Cover Personal Accident Cover Replacement Car Cover Windscreen Protection (applicable to Third Party Fire and Theft and Third Party Only policies) Key Cover Excess Protection Scratch,Dent & Alloy Cover... 66! Car Insurance Optional Extras Policy Wording The optional extra products in this booklet only apply if shown in your Car Insurance Welcome Letter and Optional Extras Schedule. This booklet contains the key facts and policy wording for all optional extra products we offer when purchasing car insurance. Please check your Optional Extras Schedule to confirm which optional extra products you have on your policy. We advise that you read this booklet carefully for details of the cover provided for each of the optional products you have purchased. For each optional additional product sold with your car insurance policy, you will enter into two separate contracts. The first contract is with us for arranging and administering your insurance policy on your behalf, and the second contract is with the insurer(s) for providing your insurance. A premium inclusive of Insurance Premium Tax shall be charged to you for both of these services. If you would like to speak to! about any of these products or add any to your car insurance policy call the team on Please note: the processes in this booklet are only for matters relating to the optional extra products shown above. Should you have any queries regarding your car insurance policy and any related claims, please refer to your car insurance policy booklet.! is a trading name of Insurance Services Limited. Registered in England and Wales Company number Registered Office: 3 More London Riverside, London, SE1 2AQ. Insurance Services Limited are an appointed representative of UK General Insurance Limited who are authorised and regulated by the Financial Conduct Authority. 02 Optional Extras Policy Wording

3 Summary Pages Some Important Information Here are some important telephone numbers if you ever need to make a claim on any of the optional extra products you have purchased. Legal Protection Breakdown Cover Personal Accident Cover Replacement Car Cover Windscreen Cover Key Cover Excess Protection Scratch, Dent & Alloy Cover Should you have a complaint? At! We aim to provide you with great customer service at all times, however if you have a complaint about the way in which your policy was sold to you, you can contact us by phone, or letter and we will try our best to resolve your issue as soon as possible. Tel: hello@surething.co.uk Post: Customer Relations Manager,!, Maxim 3, 2 Parklands Avenue, Eurocentral, Motherwell, ML1 4WQ Should you have any questions or complaints about the handling of a claim or the optional extra policy itself, you should speak to the provider of the policy directly. Contact details are provided for within this booklet and telephone numbers are listed above under Some Important Information. If you are still not satisfied, you may refer your complaint to the Financial Ombudsman Service (FOS) by: Tel: or (from mobile or non BT Lines) Complaint.info@financial-ombudsman.org.uk Post: The Financial Ombudsman Service, Exchange Tower Harbour Exchange Square London E14 9SR Financial Services Compensation Scheme (FSCS)! and your Insurers are members of the Financial Services Compensation Scheme. You may be entitled to compensation from the FSCS if the liabilities are not met under this insurance. This depends on the type of business and the circumstances of the claim. A claim is protected for 90%, without any upper limit. Further information about the compensation scheme arrangements is available from the FSCS. Information can be obtained on request by: Tel: enquiries@fscs.org.uk Post: The FSCS, Lloyds Chambers, Portsoken Street, London E1 8BD Data Protection Please note that any information provided to! will be processed by Us and Our partners in compliance with the provisions of the Data Protection Act 1998 and will be treated as private and confidential. We will however use and disclose the information we collect and hold about you in the course of arranging, placing, administering your insurance which may involve passing information about you to other insurers, credit reference agencies, debt recovery agencies, other intermediaries, risk management assessors, anti-fraud databases and uninsured loss recovery agencies. Optional Extras Policy Wording 03

4 Section 1 Section 1 Legal Protection 04 Optional Extras Policy Wording

5 Legal Protection Motor Legal Protection Policy This is a summary of your Motor Legal Protection Policy. It does not contain the full terms and conditions which can be found in your policy wording. The period of cover is linked to that provided by your separate motor insurance policy but is normally for 12 months following payment of the premium or agreement to pay the premium. For cover to be valid under this Motor Legal Protection Policy your motor insurance policy must remain in force. This policy only operates in the event of an accident for which the policyholder is not at fault and where there is a reasonable prospect of success in recovering the policyholder s uninsured losses from the responsible party. This policy is suitable for someone seeking insurance cover for legal costs incurred pursuing a claim for the recovery of uninsured losses (including personal injury claims) from the person responsible for the accident following a non-fault road traffic accident. SIGNIFICANT FEATURES AND BENEFITS This policy will cover you for: Legal costs Cover (including opponents costs) up to 100,000 if the insured vehicle is involved in a non-fault accident with another vehicle, to pursue compensation for: Loss of or damage to the insured vehicle; Damage to any personal property owned by you or for which you are legally responsible whilst in or on the insured vehicle; Death or personal injury to the authorised driver and passengers whilst in, on or mounting or dismounting from the insured vehicle; Any other uninsured losses incurred as a result of the accident e.g. your policy excess, hire vehicle charges, loss of earnings. Helpline The policy also includes access to a 24 hour Motor Legal Helpline which will provide you with preliminary advice and guidance in relation to your use of the vehicle covered by this insurance. SIGNIFICANT EXCLUSIONS OR LIMITATIONS This policy will not cover you: For any legal costs in excess of 100,000. If your claim against the other party does not have reasonable prospects of success. If the other driver cannot be traced or identified, or is not insured. If the claim is not reported to us within 30 days of the accident. If the authorised driver and passengers are not in or on the insured vehicle at the time of the collision. If you appoint a solicitor without first obtaining our agreement. If you incur costs before we appoint a solicitor to represent you. The Helpline will not: undertake any communication or correspondence on your behalf, provide written advice, or provide any formal legal advice or representation. POLICY SECTION Definitions: Limit of Indemnity Definitions and What is covered General Exception 13 General Condition 2 and General Exception 1 Definitions: Insured incident General Condition 4 General Exception 3 What is covered Optional Extras Policy Wording 05

6 Legal Protection SIGNIFICANT FEATURES AND BENEFITS This policy will cover you for: Motor Prosecution Defence Carpenters Solicitors will defend a motor prosecution on your behalf where there is a reasonable prospect of acquittal, or in circumstances in which if convicted you would face a mandatory driving disqualification. SIGNIFICANT EXCLUSIONS OR LIMITATIONS This policy will not cover you: Motor Prosecution Defence cover is only provided: if you do not have cover under any other policy including your underlying policy of motor insurance POLICY SECTION What is covered Claims Procedure If you wish to make a claim you should contact the Administrators/Claims Handlers on or contact the Insurance intermediary who arranged cover for you. Cooling Off Period Before you accept our policy you have 14 days to review your policy wording. If you are not totally happy with the policy and you have not made a claim you can write to your Insurance intermediary requesting that your insurance is cancelled and that any monies paid be returned. We will then cancel your insurance. Cancellation Written confirmation of the cancellation of the policy may be given at any time by you or by us, as detailed in the policy wording under the heading Cancellation. We will give you 7 days notice of cancellation to enable you to find alternative cover. You may cancel the policy by contacting your Insurance intermediary. In the event that you instruct us to cancel the policy outside of the cooling off period there will be no refund of premium. Complaints Procedure If you have any complaint you should first contact your Insurance intermediary or the Administrators. Complaints can be made verbally or in writing. Alternatively you can write to the underwriter s dedicated complaints team at the offices of their service providers in the UK at Markerstudy Customer Relations, Markerstudy Limited, PO Box 727, Chesterfield, S40 9LH. They will contact you within five days of receiving your complaint. They will try to resolve the problem and give you an answer within four weeks. If it will take longer than four weeks then you will be told when you can expect an answer. If you are still not satisfied you can contact the Financial Ombudsman Service at the following address; Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR. complaint.info@financialombudsman.org.uk Web: Following the complaints procedure does not affect your right to take legal action. The Underwriters are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if they cannot meet their obligations. Further information is available from the Financial Services Authority or the FSCS. The FSCS can be visited at or on This policy is provided by Markerstudy Insurance Company Limited which is a member of the Association of British Insurers. 06 Optional Extras Policy Wording

7 Legal Protection Policy Wording Section 1 Motor Legal Protection Insurance Policy This is your legal expenses insurance policy. It is administered by Carpenters Solicitors and underwritten by Markerstudy Insurance Company Limited. It is only valid if bought in conjunction with a separate motor insurance policy which is issued in your name. Cover under this legal expenses insurance policy will cease when the separate motor insurance policy expires or is cancelled. It describes the contract between you and Markerstudy Insurance Company Limited, and in return for the premium, cover is provided for the period of insurance under the terms set out in your policy. This policy gives you the details of what your legal expenses insurance does and does not cover. Please read this document carefully to avoid any misunderstandings. Please pay special attention to those pages describing the Conditions and Exceptions which apply to your whole policy. Unless specifically agreed otherwise, this insurance shall be subject to English Law. The terms and conditions of this policy and all other information concerning this insurance are communicated to you in the English language and both the underwriters and administrators undertake to communicate in this language for the duration of the policy. Gary Humphreys Underwriting Director Markerstudy Insurance Company Limited Authorised Insurers, registered in Gibraltar No Registered Office: Europort, Gibraltar Markerstudy Insurance Company Limited are regulated by the Gibraltar Financial Services Commission and subject to a limited regulation by the Financial Conduct Authority in respect of underwriting insurance business in the UK (Number ). This policy is covered by the UK Financial Services Compensation Scheme. If we cannot meet our obligations under the policy you may be entitled to compensation under the scheme. Further information about compensation scheme arrangements is available from the FSCS ( or telephone ) Markerstudy Insurance Company Limited is a member of the Association of British Insurers This Motor Legal Protection Insurance policy is administered by Carpenters Solicitors. Carpenters Solicitors are authorised and regulated by the Financial Conduct Authority (FCA) under firm reference number You may check this on the Financial Services Register by visiting the FCA s website, or by contacting the FCA on All correspondence relating to any claim under this policy should be addressed to Carpenters Solicitors, Leonard House, Scotts Quays, Birkenhead, CH41 1FB. Optional Extras Policy Wording 07

8 Legal Protection Policy Wording Section 1 Definitions Each of the words or phrases listed below will have the same meaning wherever they appear in bold in this policy:- Administrator: Carpenters Solicitors, Leonard House, Scotts Quays, Birkenhead, CH41 1FB. Appointed Solicitor: D B Legal Ltd, Chester House, Harlands Road, Haywards Heath, West Sussex, RH16 1LR or Carpenters Solicitors, Leonard House, Scotts Quays, Birkenhead, CH41 1FB or any other appropriately qualified lawyer, legal representative or specialist consultant appointed by the underwriters to act on behalf of the insured person. Defendant: The person, company or partnership that the insured person alleges is responsible for the insured Incident. Insurance intermediary: The intermediary acting on your behalf as your agent who arranged the underlying policy of motor insurance taken out by you. Insured, You, Your: The person to whom this insurance has been issued and who has paid or promised to pay the premium. For this Legal Protection Insurance Policy to be valid you must be named as the policyholder on the underlying policy of motor insurance. Insured Incident: Any road traffic accident (excluding claims for theft or fire) which results in damage to the Insured Vehicle or damage to any personal property owned by an insured person whilst in or on the insured vehicle or any injury to or death of an insured person whilst in on or mounting onto or dismounting from the insured vehicle. Insured Person: The insured, any authorised driver included to drive under the terms and conditions of the underlying policy of motor insurance or a passenger carried in the insured vehicle. Insured Vehicle: The motorcar, motorcycle or commercial vehicle specified in the underlying policy of motor insurance taken out by you and any replacement vehicle the underwriters arrange for you whilst the insured vehicle is being repaired after you have claimed under this policy. Any other vehicle which the certificate of motor insurance issued in connection with the underlying policy of motor insurance allows you to use in the United Kingdom. Any trailer owned by you whether attached to or detached from the insured vehicle. Legal Costs and Expenses: Reasonable legal fees and other expenses charged to you by the appointed solicitor (with the prior agreement of the underwriters) for any legal proceedings. Also costs which a civil court has ordered you to pay or to which the underwriters have agreed. Legal proceedings: Civil proceedings arising out of a road traffic accident. Limit of Indemnity: The maximum sum that the underwriters will pay in aggregate in respect of all legal costs and expenses incurred by the appointed solicitor or the defendant in relation to the prosecution of a claim which is covered by this insurance. Subject always to a maximum indemnity of 100,000. Period of Insurance: The period commencing from when the insured pays or promises to pay the premium to the insurance intermediary, to the expiry date of the underlying policy of motor insurance in force in respect of the Insured Vehicle which in no circumstances will exceed 12 months. Prospects of Success: Reasonable prospects considered as a 51% or better chance of success. Territorial Limits: The United Kingdom, the Channel Islands, the Isle of Man and provided that the Insured has complied with the requirements for extending full policy cover abroad under the underlying policy of motor insurance, any member country of the EU, Andorra, Gibraltar, Iceland, Liechtenstein, Monaco, Norway, San Marino and Switzerland. Underlying Policy of Motor Insurance: The separate motor insurance policy in your name covering the insured vehicle. Cover is only effective under this legal expenses insurance policy whilst the underlying policy of motor insurance remains in force. Underwriters: Markerstudy Insurance Company Limited. 08 Optional Extras Policy Wording

9 Legal Protection Policy Wording Section 1 Uninsured losses: Expenses or compensation claims (or both) which are not covered by your underlying policy of motor insurance but for which you have a claim at law against the responsible party. What is covered 1. Uninsured Loss recovery In the event that you make a claim under your underlying policy of motor insurance in respect of an insured incident in which an insured person is involved and the insured incident is one for which the insured person is not at fault, the underwriters will instruct the appointed solicitor to try to recover your uninsured losses (including the legal costs and expenses incurred by you in claiming those losses). This Motor Legal Expenses Insurance Policy will only apply provided the underwriters and the appointed solicitor are of the view that the prospects of success are sufficiently strong to justify pursuing your claim for uninsured losses against a defendant. If the underwriters have paid for any legal costs and expenses and you are later awarded repayment of costs in any claim, the underwriters will be entitled to reimbursement of those costs. The underwriters will instruct the appointed solicitor in accordance with their standard terms of appointment to act in your name and for your benefit. The most the underwriters will pay for legal costs and expenses for all claims that arise from the same insured incident is the limit of indemnity applying to this policy. 2. Access to our 24 hour Motor Legal Helpline The motor legal helpline is provided on behalf of the underwriters by Carpenters Solicitors and is available 24 hours a day to assist with queries in relation to the use of the Insured Vehicle by an insured person. You should call where the solicitor s representative will assist where possible, and arrange a call back from an appropriate legal advisor within two working days of your telephone call where required. The motor legal helpline will provide preliminary advice and guidance. It will not undertake any communication or correspondence on your/the insured person s behalf, provide written advice, or provide any formal legal advice or representation. 3. Motor Prosecution Defence Where you or the insured person do not have cover under any other policy including your underlying policy of motor insurance, Carpenters Solicitors will defend a motor prosecution on behalf of you or the insured person where there is a reasonable prospect of acquittal, or in circumstances in which if convicted you or the insured person would face a mandatory driving disqualification. Cover under this insurance is subject to: a)you having paid or promised to pay the premium; b) The insured Incident having taken place within the territorial limits and within the period of insurance; c)you and the insured person having complied with all of the terms and conditions of this policy. General Conditions 1. Control of claims The underwriters and the appointed solicitor will have control of any claim. You and/or an insured person must; a) keep the underwriters informed via the administrator of any developments relating to any claim as soon as possible after you and/or the insured person find out about them; and b) follow the advice, given to you by the underwriters and/or the appointed solicitor; and c) not start, defend, stop or withdraw from legal proceedings without the agreement of the underwriters and/or the appointed solicitor; and d) give the underwriters and/or the appointed solicitor information and instructions as requested. The underwriters will have direct access to the appointed solicitor at all times. The underwriters have the right to see any information, documents or evidence that is in Optional Extras Policy Wording 09

10 Legal Protection Policy Wording Section 1 your possession or is in the possession of an insured person or is in the possession of the appointed solicitor. If in any legal proceedings the claim is not successful and you and/or the insured person want to appeal, you must write and tell the underwriters and the appointed solicitor no later than 14 days before the time for making an appeal ends or as soon as possible if the time period during which you may make an appeal is 14 days or less. The underwriters will cover your and/or the insured person s legal costs and expenses for the appeal if the underwriters and the appointed solicitor agree that there are reasonable prospects of success in pursuing the appeal. The underwriters can take over conduct of any claim at any time in the name of an insured person. The underwriters can issue legal proceedings for the underwriters benefit in the name of an insured person to recover any payments that have been made under this insurance. 2. Claims Procedures You and/or the Insured Person must: a) report all claims to the underwriters via the administrator as soon as is reasonably possible but at the very latest within 30 days of the happening of an insured incident; and b) take all reasonable steps to minimize the amount of any claim to be pursued against the defendant; and c) cooperate with the underwriters at all times, supply any information required and forward unanswered all communications received in connection with an insured incident; and d) cooperate fully with the underwriters to assist in the recovery of legal costs and expenses that they have had to pay on your behalf and that have been reasonably incurred in connection with the pursuit of the claim. Please see the contact details for reporting a claim on page 13 of this policy. 3. Reasonable Prospects of Success The appointed solicitors will try to recover your and/or the insured person s uninsured losses and the underwriters will pay your and/or the insured person s legal costs and expenses provided the underwriters and the appointed solicitor are of the view that it is more likely than not that the claim or the legal proceedings will mean you and/or the insured person will receive money by way of compensation. If at any time the underwriters or the appointed solicitor think that either: a) the claim or the legal proceedings do not have reasonable prospects of success; or b) the legal costs and expenses involved in recovering your and/or the insured person s uninsured losses are not reasonably commensurate with the likely return. the underwriters will confirm this in writing to you and/or the insured person. The underwriters will tell you and/or the insured person that they will not take any more action or pay any more legal costs and expenses, without their written agreement, from 28 days after you and/or the insured person receive the notice. In this event you and/or the insured person have a right to continue the claim or legal proceedings but this will be at your own/the insured person s expense. 4. Representation When you and/or the insured person have told the underwriters about a claim they may investigate the claim and attempt to achieve a fair settlement, using the appointed solicitor if they think it is necessary. Use of the appointed solicitor will be in accordance with the underwriters standard terms and conditions. The appointed solicitor will act in your name and/or the name of the insured person for the benefit of you and/or the insured person. Alternatively, you and/or the insured person may nominate a solicitor of your own choice. This person must be an appropriately qualified lawyer, legal representative or specialist consultant and: 10 Optional Extras Policy Wording

11 Legal Protection Policy Wording Section 1 he/she must submit full details of his/her experience and expertise to the underwriters; and he/she must agree to work in accordance with the underwriters standard terms and conditions for solicitors before the underwriters can agree to his/her involvement in the claim and accept such person as the appointed solicitor under this policy. In the event that the underwriters cannot agree such nomination the underwriters, you and/or the insured person will have the right to refer the matter for arbitration as set out in condition 9 of this insurance. The underwriters will not be responsible for any legal costs and expenses if you appoint a solicitor without the underwriters agreement. 5. Legal costs and expenses The maximum amount the underwriters will pay in respect of legal costs and expenses will be an amount calculated under the same principles that are applied by the courts when assessing costs to be paid by one person to another on the standard basis. In assessing these costs the principles to be used are those defined in England and Wales under Order 62 of the Rules of the Supreme Court (from time to time), under Order 38 of the County Courts Act 1984 and under the Civil Procedures Rules You, the insured person or the appointed solicitor must send all accounts for legal costs and expenses to the underwriters as soon as possible after they are received. The underwriters may ask the appointed solicitor to have the legal costs and expenses assessed (detailed or summary), taxed or audited. The legal costs and expenses that the underwriters will pay will not be affected by any agreement, or promise made by you or the insured person to any solicitor or other person unless the underwriters have approved it in writing. 6. Settlement offers You and/or the insured person must not accept any offer of payment or enter into settlement negotiations without the express agreement of the administrator or the underwriters. You and/or the insured person must tell the underwriters as soon as possible of any offer to settle the claim (this includes any payment into court). You and/or an insured person or your/his/her solicitor must not accept or make any offer to settle the claim if this would mean the underwriters have to pay legal costs and expenses, unless you and/or the insured person have the agreement of the underwriters. The underwriters will not withhold agreement unreasonably. If either the underwriters or the appointed solicitor are of the view that any offer to settle the claim should be accepted, but you and/or the insured person do not accept such offer and the amount of the offer is equal to or greater than the total damages which you and/ or the insured person is eventually awarded, the underwriters will not pay for any further legal expenses from the date of the offer. 7. Options to pay The underwriters may decide to pay your and/ or the insured person s claim for compensation instead of continuing to pursue the claim against the defendant or to pursue legal proceedings. 8. Conflict of interest If at any time during the course of the claim, the underwriters become aware of any possible conflict of interest, the underwriters will tell you and/or the insured person about it in writing and engage an alternative appointed solicitor on your behalf. 9. Arbitration You and/or an insured person have the right to refer any disagreement you, he or she have with the underwriters to arbitration. The underwriters also have the same right. The arbitrator will be a solicitor or barrister the underwriters and the insured person agree on. If the underwriters and the insured person cannot agree, the President of a suitable organisation will be asked to choose one. Whoever loses the arbitration will pay all the costs and expenses of the arbitration. If the arbitrator decides in the underwriter s favour, the insured person cannot recover the costs of the arbitration under this section. The underwriters will write to the insured person Optional Extras Policy Wording 11

12 Legal Protection Policy Wording Section 1 telling him/her of this right if there is disagreement about anything. The insured person must write and tell the underwriters if he/she wants to take up this option. Using the arbitration procedure does not prevent the insured person from referring the matter to the Financial Ombudsman Service or the right to appeal against the arbitrator s decision in a court of law. 10. Cancellation This insurance provides you with a reflection period to enable you to decide whether you wish to continue with the full policy. The reflection period is for 14 days from the date that you receive your policy documentation. If a period of less than 14 days has elapsed since you received your policy documentation and you have not made a claim you have the right to cancel the policy and receive a full refund of premium. You must write to your insurance intermediary within the 14 day period before the underwriters can proceed with the cancellation on this basis. You may cancel this policy at any time by writing to your insurance intermediary. Outside of the 14 day reflection period there will be no refund of premium allowable if you cancel your insurance. The underwriters or your insurance intermediary may cancel this policy if by sending you a letter giving you 7 days notice to your last known address. The underwriters will then refund the appropriate proportion of the premium. 11. Your obligations a)you and/or all insured persons must adhere to the terms and conditions of this insurance at all times; b) It is a condition of this insurance and the underlying policy of motor insurance that you have taken all reasonable care to answer all questions asked honestly, accurately and to the best of your knowledge and that any other information given either verbally or in writing by you or on your behalf at the time you applied for insurance is also complete and has been given honestly and to the best of your knowledge and belief; c) If you or any insured person make any claim under this policy which is fraudulent or false or misleading or where there is collusion between you and/or the insured person and the defendant or any witnesses this policy shall be declared void. General Exceptions What is not covered This insurance does not cover the following: 1. Any claim if you tell the underwriters about the insured incident more than 30 days after it happened; 2. Any claim if the insured incident happened before cover under this policy started; 3. Any legal costs and expenses incurred by you before the underwriters instruct an appointed solicitor to act for you and/or the insured person; 4. Any legal costs and expenses charged as a result of your conduct and/or that of an insured person which may reasonably be considered to hinder the claim; 5. Any legal costs and expenses if you and/ or the insured person withdraw from the legal proceedings without the underwriters agreement. In these circumstances the underwriters will be entitled to a refund of any money that has been paid; 6. Any expenses for an expert witness, unless the underwriters have given written approval. 7. Any uninsured losses or legal costs and expenses which you can claim under another insurance policy or which you could have claimed if you had kept to the terms of that policy; 8. Any claim arising from a deliberate or malicious act; 9. Any claim for any legal costs and expenses relating to any other person or organisation bringing a claim or counterclaim against you; 10. Legal costs and expenses you can recover from any other person; 11. Legal costs and expenses if the claim will be decided in a court outside of the territorial limits of this policy; 12 Optional Extras Policy Wording

13 Legal Protection Policy Wording Section Any claims arising out of any deliberate criminal act or omission or fines and penalties imposed by a criminal court; 13. Any claims where the defendant cannot be traced or does not hold valid motor insurance; 14. Any claims made or legal proceedings between the insured and insured persons; 15. Legal costs and expenses arising from disputes between you or the insured person and the administrators; 16. Legal costs and expenses arising from disputes between you or the insured person and the underwriters; 17. Any claim arising out of a contract you and/or the insured person has with another person or organisation; 18. Any VAT you and/or the insured person can recover from elsewhere; 19. Any claim where you do not have a valid underlying policy of motor insurance or where the insured incident is not covered by your underlying policy of motor insurance; 20. Any claim where the insured vehicle does not have a valid MOT certificate or you or an insured person who is driving do not have a valid driving licence entitling you to drive the insured vehicle. 21. Any claims resulting from the use of the insured vehicle for motor racing rallies speed trials or competitions of any kind. Reporting a Claim If you wish to make a claim, you should contact the administrator or insurance intermediary who arranged cover for you. You can telephone the administrator on Complaints Procedure What to do if you have a complaint We are dedicated to delivering a first class level of service to all of our policyholders. However, we accept that things can occasionally go wrong and would rather be told about any concerns you have so that we can take steps to make sure the service you receive meets your expectations in the future. If a dispute regarding your policy or claim arises and cannot be resolved by reference to your insurance intermediary the following explains the procedures for resolving your complaint: The resolution of complaints in relation to your policy (or any claim made under it) is delegated to our service providers in the United Kingdom, Markerstudy Limited. If you have a complaint, please contact our service providers at the address below: Markerstudy Customer Relations Markerstudy Limited PO Box 727, Chesterfield, S40 9LH Tel: complaints@markerstudy.com When contacting Markerstudy Limited please provide: A policy number and/or claim number; An outline of your complaint; A contact telephone number. Our service providers will make every effort to resolve your complaint immediately. If they cannot resolve your complaint by the end of the next working day they will acknowledge your complaint within five working days of receipt and do their best to resolve the problem within four weeks by sending you a final response letter. If they are unable to do so, they will write to advise you of progress and will endeavour to resolve your complaint in full within the following four weeks. If they are still unable to provide you with a final response at this stage, they will write to you explaining why and advise when you can expect a final response. At this point you may refer your complaint to The Financial Ombudsman Service at the following address: Optional Extras Policy Wording 13

14 Legal Protection Policy Wording Section 1 The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR complaint.info@financial-ombudsman.org.uk Web: You have the right of referral within 6 months of the date of your final response letter. Whilst we and our UK service providers are bound by the decision of the Financial Ombudsman Service, you are not. Following the complaints procedure above does not affect your right to take legal action. Carpenters Solicitors, Leonard House, Scotts Quays, Birkenhead, CH41 1FB. Carpenters Solicitors are authorised and regulated by the Financial Conduct Authority (FCA) under firm reference number You may check this on the Financial Services Register by visiting the FCA s website, or by contacting the FCA on This Legal Protection Insurance Policy is underwritten by Markerstudy Insurance Company Limited, Europort, Gibraltar Markerstudy Insurance Company Limited is regulated by the Gibraltar Financial Services Commission and subject to a limited regulation by the Financial Conduct Authority in respect of underwriting insurance business in the UK (Number ). 14 Optional Extras Policy Wording

15 Section 2 Section 2 Breakdown Cover Optional Extras Policy Wording 15

16 Breakdown Cover Breakdown Cover Key Facts The following summary for! Breakdown Cover does not contain the full terms and conditions of your breakdown policy contract. For a full explanation of the terms and conditions, please refer to the main Policy Wording. How to make a claim If your vehicle breaks down please call our 24 hour Control Centre on If you are unable to make a connection, please contact us on Please have your return telephone number, policy number, vehicle registration number and precise location available when requesting assistance. For assistance in mainland Europe please call Please check your Optional Extras Policy Schedule to make sure you have purchased this cover before calling. If your vehicle suffers a breakdown due to an electrical or mechanical failure, lack of fuel, flat battery, misfuel, or puncture, service will be provided. We will provide cover as detailed within the Policy Wording for any breakdown. Cover will apply during the period of insurance and within the territorial limits. Features & Benefits Roadside Assistance and Nationwide Cover Summary: Roadside/ Recovery Alternative Travel Emergency Overnight Accommodation Message Service Caravans & Trailers Keys Additional Notes (Please see policy terms & conditions for full details of the below) In the event of a breakdown which occurs within the UK and more than a one-mile radius from your home address, we will arrange and pay for a recovery operator to attend your vehicle. If the recovery operator is unable to repair your vehicle at the roadside and the vehicle cannot be repaired the same working day by a local garage, we will arrange and pay for your vehicle, you, and your passengers to be recovered to your home address or if you would prefer and it is closer, your original destination within the UK. We will pay up to 250 (maximum) towards the cost of alternative transport or car hire. We will also pay up to 100 towards reasonable transport costs to collect the repaired vehicle. We will pay a maximum of 150 for a lone traveller or 75 per person for one night for you and your passengers. The maximum payment per incident is 500. If you require, we will pass on two messages to your home or place of work to let them know of your predicament and ease your worry. Maximum length 7 metres/23 feet (not including the length of the A-frame and hitch) recovered with the vehicle if the vehicle cannot be repaired roadside. Callout and mileage back to the recovery operator s base. All other costs incurred will be at your expense. 16 Optional Extras Policy Wording

17 Breakdown Cover Available For an Additional Premium Roadside and Recovery and Home Assist Summary: Roadside/ Recovery/Home Roadside and Recovery and Home Assist and European Cover Summary: Roadside/ Recovery/Home/ Europe Roadside and Recovery and Home Assist must be indicated on the policy schedule. In addition to the cover provided with Roadside Assistance and Nationwide Cover, your vehicle will be covered at your registered home address or within a one-mile radius of your home address. Roadside and Recovery and Home Assist and European Cover must be indicated on the policy schedule. In addition to the cover provided with Roadside and Recovery and Home Assist, your vehicle will also be covered in the following territories: Albania, Andorra, Austria, Balearics, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canary Isles, Corsica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey (for non-residents), Hungary, Italy, Jersey (for non-residents), Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Morocco, Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, San Marino, Sardinia, Serbia, Sicily, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey (West of Bosphorus) and Vatican City. If you break down on a European Motorway or major public road where private contractors are dispatched to assist you, we will pay a maximum of 150 towards the reimbursement of your costs. Please refer to the General Notes Relating to Europe in your Policy Wording. Optional Extras Policy Wording 17

18 Breakdown Cover Significant Exclusions (For a full list of exclusions, please refer to the policy terms and conditions) Exclusion number in policy wording: Assistance following an accident, theft, fire or vandalism 2 Costs incurred in addition to a standard callout where service cannot be undertaken at the roadside because the vehicle is not carrying a serviceable spare wheel it is capable of carrying, an aerosol repair kit, appropriate jack, or the locking mechanisms for the wheels are not immediately available to remove the wheels. This exclusion does not apply to motorcycles or scooters. 6 The recovery of the vehicle and passengers if repairs can be carried out at or near the scene of the breakdown within the same working day. If recovery takes effect we will only recover to one address in respect of any one breakdown. Any request for service if the vehicle is being used for motor racing, rallies, rental, hire, courier services or any contest or speed trial or practice for any of these activities The cost of any parts, components or materials used to repair the vehicle. 15 The use of specialist equipment occasionally required because the vehicle is not between the kerbs, it has modifications, or nearby obstructions are impeding the usual method of recovery. 17 Any claim within 24 hours of the time the policy is purchased. 20 Any breakdown that occurred before the policy commenced, the vehicle was placed on cover, or before the policy was upgraded. 21 Claims totalling more than 15,000 in any one period of insurance. 22 Any damage or loss to Your Vehicle or its contents and any injury to You or any third party caused by Us or the Recovery Operator. It is Your responsibility to ensure personal possessions are removed from the Vehicle prior to Your Vehicle being recovered Optional Extras Policy Wording

19 Breakdown Cover Your Right to Cancel This policy has a cooling off period of 14 days from the date you receive this information or the policy start date, whichever happens last. If you do not wish to continue with the insurance, we will provide a refund of premium paid, providing no claim has been made. You may cancel your policy after the 14 day cooling off period but no refund of premium is available. A refund of premium is not available if the Period of Insurance of the policy is for a period of less than one month. Please call to discuss. Policy Duration This Policy does not exceed 12 months unless otherwise stated in the policy terms and conditions. Choice of Law This contract is governed by the laws of England and Wales and all communication will be conducted in English. What to Do if You Have a Complaint Any complaint you have regarding your policy should be addressed to the policy administrator: Customer Services, Call Assist Limited, Axis Court, North Station Road, Colchester, Essex CO1 1UX. If you remain dissatisfied, short of court action, you can ask The Financial Ombudsman Service to review your case provided the policy is not of commercial nature. The right to apply to the Ombudsman must be exercised within six months of the date of the Company s final decision. The Financial Ombudsman Service can be contacted at the following address: The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London E14 9SR Or by telephoning: (free from a landline) or (free from some mobiles). complaint.info@financial-ombudsman.org.uk Web: Are we covered by the Financial Services Compensation Scheme (FSCS)? We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. For claims against the insurers, 90% of the insurance claim is covered, with no upper limit. For compulsory classes of insurance, insurance arranging is covered for 100% of the claim, without any upper limit. Further information about the compensation scheme arrangements is available from the FSCS by telephoning or by visiting Service Provider and Insurer This service is provided by Call Assist Limited. Registered in England and Wales. Registered Company Number: Registered office address: Axis Court, North Station Road, Colchester, Essex, CO1 1UX. The policy is underwritten by DAS Legal Expenses Insurance Company Limited. Registered in England and Wales. Registered Company Number: Registered office address: DAS House, Quay Side, Temple Back, Bristol, BS1 6NH. Call Assist Ltd, Firm Reference Number is authorised and regulated by the Financial Conduct Authority. DAS Legal Expenses Insurance Company Limited, Firm Reference Number is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Optional Extras Policy Wording 19

20 Breakdown Cover Policy Wording Section 2 Breakdown Cover Policy Wording Please check Your Policy Schedule to ensure You have the level of cover You need and read the following to help You use the service. What to do if You Breakdown If Your Vehicle breaks down please call Our 24 hour Control Centre on: If You are unable to make a connection, please contact Us on Please check your Optional Extras Policy Schedule to make sure you have purchased this cover before calling. Please have the following information ready to give to Our Rescue Controller who will use this to validate Your policy: Your return telephone number with area code; Your Vehicle registration; The precise location of Your Vehicle (or as accurate as You are able in the circumstances). We will take Your details and ask You to remain by the telephone You are calling from. Once We have made all the arrangements We will contact You to advise who will be coming out to You and how long they are expected to take. Your mobile phone must therefore be switched on and available to take calls at all times. You will then be asked to return to Your Vehicle. Please remember to guard Your safety at all times but remain with or nearby Your Vehicle until the Recovery Operator arrives. Once the Recovery Operator arrives at the scene please be guided by their safety advice. If You are broken down on a motorway and have no means of contacting Us or are unaware of Your location, please use the nearest SOS box and advise the Emergency Services of Our telephone number, they will then contact Us to arrange assistance. If the Police or Highways Agency are present at the scene please advise them that You have contacted Us or give them Our telephone number to call Us on Your behalf. Your Cover As shown on Your Policy Schedule. In the event of a Breakdown, service will be provided as detailed below in accordance with this Policy Wording and the cover level You have purchased. Cover will apply during the Period of Insurance. Roadside Assistance and Nationwide Recovery Cover UK The following service is provided with all levels of cover: Roadside Assistance & Recovery In the event of a Breakdown within the Territorial Limits (UK) which occurs more than a one-mile radius/straight line from Your Home Address, We will send help to the scene of the Breakdown and arrange and pay Callout fees and mileage charges needed to repair or assist with the Vehicle. If, in the opinion of the Recovery Operator, they are unable to repair the Vehicle at the roadside We will assist in the following way: Either: Arrange and pay for Your Vehicle, You and Your Passengers to be recovered to the nearest garage which is able to undertake the repair. Or: If the above is not possible at the time or the repair cannot be made within the same working day, We will arrange for Your Vehicle, You and Your Passengers to be recovered to Your Home Address, or if You would prefer and it is closer, Your original destination within the Territorial Limits (UK). Any recovery must take place at the same time as the initial Callout otherwise You will have to pay for subsequent Callout charges. If Your Vehicle requires recovery, You must immediately inform Our Rescue Controller of the address You would like the Vehicle taken to. Once the Vehicle has been delivered to the nominated address, the Vehicle will be left at Your own risk. 20 Optional Extras Policy Wording