Rural INCOME PROTECTION
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- Ashlyn Jemima Whitehead
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1 Rural INCOME PROTECTION Policy WORDING
2 Contents INTRODUCTION 2 INSURED EVENTS 2 AUTOMATIC POLICY EXTENSIONS 6 EXCLUSIONS 6 BASIS OF SETTLEMENT 7 MANAGING YOUR CLAIM 8 GENERAL CONDITIONS 9 DEFINITIONS 11 PAGE 1
3 Rural Income Protection insurance policy INTRODUCTION WELCOME AGREEMENT POLICY CONTRACT INTERPRETING THIS POLICY Welcome to NZI. Thank you for selecting us as your insurer. This is your Rural Income Protection Policy Document. It will tell you what you are insured for and what you are not insured for, as well as any obligations that you or we must abide by to ensure an enforceable policy. This policy document is a legal contract so please read it thoroughly and keep it in a safe place. If you need help with understanding your policy document, please contact your insurance broker. You agree to pay us the premium described in the schedule and comply with this policy. In exchange, we agree to insure you as set out in this policy. This policy consists of the following parts: 1. your application for insurance, and any oral or written supporting statements or documents supplied by you, and 2. this policy wording (including any endorsements or warranties), and 3. the schedule. Certain words in this policy have a specific meaning. These words appear in bold and you will find the meaning listed in the Definitions section at the end of this policy. The definitions apply to the plural and any derivatives of the bolded words. You will also find examples and comments to make parts of this policy easier to understand. These examples and comments, which appear in italics, do not affect or limit the meaning of the section they refer to. The headings in this policy are for reference only and do not form part of it. They are not to be used when interpreting the policy. INSURED EVENTS The following Insured Events apply only when you have taken that item and it is specified in the schedule. EVENT 1. DEATH COVER 1. Death We will make a payment to you, if the insured person dies as a result of an injury that occurs during the period of insurance. We will pay the sum insured shown in the schedule for Event Funeral Costs You are insured for funeral costs, in excess of any entitlement recoverable from any other organisation, if the insured person dies as a result of an injury covered by Event 1 Item 1 (above). The most we will pay for funeral costs for the death of any one insured person is $5,000. PAGE 2
4 EVENT 2. PERMANENT DISABLEMENT 1. Permanent Disablement We will make a payment to you, if the insured person suffers permanent total disablement caused by an injury that occurs during the period of insurance. We will pay for the types of permanent total disablement shown in the table below. The most we will pay for each type of permanent total disablement is: [the sum insured shown in the schedule for Event 1 ] x [the corresponding percentage (shown below)]. Type of Permanent Disablement % Payable Permanent and incurable total disablement 100% Permanent and total loss of sight in one or both eyes 100% Permanent and total loss of speech 100% Permanent and total loss of hearing in both ears 100% Loss of use of any arm(s) and/or leg(s) 100% Loss of use of both hands or both feet 100% Loss of use of one hand 75% 3rd-degree burns or disfigurement by burns, covering more than 30% of body 60% Permanent and total loss of hearing in one ear 35% Loss of use of one foot 35% Loss of use of a finger 15% Loss of use of more than one finger, up to a maximum of 5 fingers 15% per finger Loss of use of a toe 7.5% Loss of use of more than one toe, up to a maximum of 5 toes 7.5% per toe 2. Damage to Teeth You are insured for dental costs, in excess of any entitlement recoverable from any other organisation, if the insured person suffers loss or damage to teeth as a result of an injury covered by Event 2 Item 1 (above). The most we will pay is $2,500 for any event. 3. Rehabilitation Costs You are insured for the costs of therapy, tuition or professional advice, in excess of any entitlement recoverable from any other organisation, that are incurred as part of a programme to: 3.1 assist the insured person to recover and return to their occupation, or 3.2 as part of a programme to retrain the insured person for a new occupation, provided that: (a) it is undertaken with our prior consent, and (b) it is undertaken with the support of the insured person s doctor, and (c) it is as a result of an injury covered by Event 2 Item 1 (above). The most we will pay for any event is: (i) $1,000 per calendar month, or (ii) $12,000 in total, whichever is the lesser. 4. Prosthetic Aids You are insured for the cost of necessary Prosthetic Aids, in excess of any entitlement recoverable from any other organisation, which the insured person requires as a result of an injury covered by Event 2 Item 1 (above). The most we will pay is $2,500 for any event. PAGE 3
5 EVENT 3. temporary TOTAL DISABLEMENT (INJURY) EVENT 4. temporary PARTIAL DISABLEMENT (INJURY) 1. Temporary Disablement We will make a payment to you, if the insured person suffers temporary total disablement caused by an injury that occurs during the period of insurance. The most we will pay per week is: 1.1 the sum insured shown in the schedule for Event 3, or 1.2 the insured person s earnings, whichever is the lesser. If the payment period exceeds 12 months, we will increase the payments made after the first 12 months by any percentage increase of the Consumer Price Index recorded in New Zealand over the first 12-month period. 2. Rehabilitation Costs You are insured for the costs of therapy, tuition or professional advice, in excess of any entitlement recoverable from any other organisation, provided that: 2.1 the costs are incurred as part of a programme to assist the insured person to recover and return to their occupation, and 2.2 it is undertaken with our prior consent, and 2.3 it is undertaken with the support of the insured person s doctor, and 2.4 it is as a result of an injury covered by Event 3 Item 1 (above). The most we will pay for any event is: (a) $500 per calendar month, or (b) $6,000 in total, whichever is the lesser. 1. Temporary Partial Disablement We will make a payment to you, if the insured person suffers temporary partial disablement caused by an injury that occurs during the period of insurance. The most we will pay per week is 25% of the sum insured shown in the schedule for Event 3. If the payment period exceeds 12 months, we will increase the payments made after the first 12 months by any percentage increase of the Consumer Price Index recorded in New Zealand over the first 12-month period. 2. Rehabilitation Costs You are insured for the costs of therapy, tuition or professional advice, in excess of any entitlement recoverable from any other organisation, provided that: 2.1 the costs are incurred as part of a programme to assist the insured person to recover and return to their occupation, and 2.2 it is undertaken with our prior consent, and 2.3 it is undertaken with the support of the insured person s doctor, and 2.4 it is as a result of an injury covered by Event 4 Item 1 (above). The most we will pay for any event is: (a) $500 per calendar month, or (b) $6,000 in total, whichever is the lesser. PAGE 4
6 EVENT 5. temporary TOTAL DISABLEMENT (ILLNESS) EVENT 6. MEDICAL EXPENSES EVENT 7. employment OF TEMPORARY STAFF 1. Temporary Disablement Payment We will make a payment to you, if the insured person suffers temporary total disablement caused by an illness that occurs during the period of insurance. You are not insured for any illness that occurs during the first 14 days of the first period of insurance. The most we will pay per week is: 1.1 the sum insured shown in the schedule for Event 5, or 1.2 the insured person s earnings, whichever is the lesser. If the payment period exceeds 12 months, we will increase the payments made after the first 12 months by any percentage increase of the Consumer Price Index recorded in New Zealand over the first 12-month period. 2. Rehabilitation Costs You are insured for the costs of therapy, tuition or professional advice, in excess of any entitlement recoverable from any other organisation, provided that: 2.1 the costs are incurred as part of a programme to assist the insured person to recover and return to their occupation, and 2.2 it is undertaken with our prior consent, and 2.3 it is undertaken with the support of the insured person s doctor, and 2.4 it is as a result of an illness covered by Event 5 Item 1 (above). The most we will pay for any event is: (a) $500 per calendar month, or (b) $6,000 in total, whichever is the lesser. 1. Medical Expenses You are insured for medical expenses reasonably incurred as a result of an injury or illness covered by Events 1 5 or 7. The most we will pay is the sum insured shown in the schedule for Event Employment of Temporary Staff You are insured for the costs necessarily and reasonably incurred to employ temporary staff to replace the insured person, if the insured person suffers temporary total disablement caused by an injury or illness that occurs during the period of insurance. You are not insured for any illness that occurs during the first 14 days of the first period of insurance. The most we will pay is the sum insured shown in the schedule for Event 7. If the payment period exceeds 12 months, we will increase the payments made after the first 12 months by any percentage increase of the Labour Cost Index recorded in New Zealand over the first 12-month period. 2. Rehabilitation Costs You are insured for the costs of therapy, tuition or professional advice, in excess of any entitlement recoverable from any other organisation, provided that: 2.1 the costs are incurred as part of a programme to assist the insured person to recover and return to their occupation, and 2.2 it is undertaken with our prior consent, and 2.3 it is undertaken with the support of the insured person s doctor, and 2.4 it is as a result of an injury or illness covered by Event 7 Item 1 (above). The most we will pay for any event is: (a) $500 per calendar month, or (b) $6,000 in total, whichever is the lesser. PAGE 5
7 AUTOMATIC POLICY EXTENSIONS A. CONTINUITY OF COVER When an injury or illness occurs during the period of insurance, we will provide cover for Events 1-7 after the period of insurance expires provided that: 1. the subsequent Events 1-7 commences within 12 months of the injury or illness first occurring, and 2. the subsequent Events 1-7 is caused by the same injury or illness, and 3. the insured person was originally insured for the Event from Events 1-7 that arises. B. WORLDWIDE COVER This policy covers the insured person in New Zealand, and anywhere else in the world provided the insured person does not leave New Zealand on a long-term or permanent basis. If the insured person intends to travel out of New Zealand for a period of six months or longer, you must tell us. We may modify the terms of this policy depending on the insured person s travel and residency plans. EXCLUSIONS A. EVENTS NOT COVERED You are not insured for injury or illness in connection with any of the following: 1. the insured person s suicide or attempted suicide, or 2. the normal effects of childbirth or pregnancy, or 3. any psychiatric or psychological conditions including mental stress, or 4. any sexually transmitted disease, or 5. Human Immunodeficiency Virus (HIV) and/or HIV-related illness, including: Acquired Immune Deficiency Syndrome (AIDS) or any mutant derivative or variations of HIV, or 6. the insured person being under the influence of any intoxicating liquor, narcotics or drugs (unless the drugs use has been prescribed by a medical practitioner). B. ACTIVITIES NOT COVERED You are not insured for injury or illness in connection with the insured person s participation in: 1. any professional sporting activities, including: 1.1 training, or 1.2 coaching, or 1.3 participation in, or 2. air travel other than: 2.1 as a fare-paying or ticket-holding passenger in an aircraft fully licensed for the carriage of passengers for hire or reward and operated by a regular airline or established charter service, or 2.2 as a passenger in any top dressing or aerial survey plane, where the insured person is there for the purpose of directing the pilot, or 3. any criminal acts punishable by imprisonment, or 4. any: 4.1 rodeo activities, polo, hunting on horseback, or 4.2 microlite flying, sky diving, parachuting, hang gliding, paragliding, base jumping, bungy jumping, or 4.3 mountaineering, rock climbing, abseiling, pot holing or caving, or 4.4 martial arts, wrestling, boxing, or 4.5 skiing or snowboarding outside designated ski fields, or while ski fields are closed, or 4.6 motor vehicle racing, motorcycle racing and motor rallying, or 4.7 diving below 30 metres unless a certified diving qualification is held and the dive is within the limits of that qualification, or 4.8 ocean yachting where Customs clearance is gained or required to be gained on departure from New Zealand, power boat racing, white or black water rafting unless under the direct supervision of a licensed rafting company. PAGE 6
8 C. NUCLEAR You are not insured for injury, illness or expense of any type in connection with: 1. ionising radiation or contamination by radioactivity from: (a) any nuclear fuel, or (b) any nuclear waste from the combustion or fission of nuclear fuel. 2. nuclear weapons material. D. SEEPAGE, POLLUTION AND CONTAMINATION You are not insured for injury or illness in connection with seepage, pollution or contamination. E. TERRORISM You are not insured for injury, illness or expense of any type in connection with an act of terrorism, including in connection with controlling, preventing, suppressing, retaliating against, or responding to an act of terrorism. F. WAR You are not insured for injury, illness or expense of any type in connection with any of the following, including controlling, preventing or suppressing any of the following: war, invasion, act of foreign enemy, hostilities or warlike operations (whether war is declared or not), civil war, mutiny, rebellion, revolution, civil commotion assuming the proportions of or amounting to an uprising, insurrection, military or usurped power. G. CONFISCATION You are not insured for injury, illness or expense of any type in connection with confiscation, nationalisation, requisition or destruction of, or damage to property by order of government, public or local authority (unless the order is given to control any accidental loss that is covered by this policy). BASIS OF SETTLEMENT A. LUMP SUM PAYMENTS EVENTS 1 AND 2 B. WEEKLY PAYMENTS EVENTS 3, 4, 5 AND 7 1. Maximum Amount Payable If as a result of an event, the insured person suffers multiple injuries, the most we will pay for that event is: 1.1 the sum insured shown in the schedule for Event 1 if the insured person dies, or 1.2 the highest individual percentage (as listed in Event 2 ) of the injuries sustained by the insured person. 1. Only One Insured Event Can Be Claimed We will only pay for one of Events: 3, 4, 5 or 7 for the same event. 2. Maximum Number of Weeks The maximum period we will pay for under Insured Events 3, 4, 5 or 7 is 104 weeks. 3. Deferment Period If any deferment period is shown in the schedule, we will not commence weekly payments until that period has expired. C. RECURRENCE OF EVENTS If the insured person suffers a recurrence of Insured Events 3, 4, 5 or 7, and: 1. the recurrence occurs within six months of the end of the previous period of total disablement or partial disablement, and 2. the recurrence arises from the same injury or illness that we have already paid a benefit for, then, (a) no further deferment period is payable, and (b) the previous period of total disablement or partial disablement will be deducted from the 104-week maximum period. D. ACCIDENT COMPENSATION The weekly benefit payable for Insured Events 3, 4 or 5 will be reduced by the amount of any compensatory payments (whenever received) under the Injury Prevention Rehabilitation and Compensation Act PAGE 7
9 MANAGING YOUR CLAIM A. YOUR OBLIGATIONS 1. Medical Treatment You must ensure that the insured person: 1.1 obtains medical treatment from a registered doctor or hospital as soon as possible following the injury and/or illness. 1.2 follows any medical advice and/or treatment provided. 2. Advise Us If you become aware of any situation that is likely to give rise to a claim, you must contact us immediately. 3. Minimise the Loss You must take all reasonable steps to minimise the claim and avoid any further loss arising. 4. Provide Full Information When you make a claim you consent to your personal information in connection with the claim being: 4.1 disclosed to us, and 4.2 transferred to the Insurance Claims Register Limited. You must: (a) give us free access to examine and assess the claim, and (b) send any relevant correspondence or documents to us, and (c) complete a claim form or statutory declaration to confirm the claim if we request it, and (d) provide any other information or assistance that we may require at any time. 5. Be Truthful If your claim is dishonest or fraudulent in any way, we may: 5.1 decline your claim either in whole or in part, or 5.2 declare this policy or all policies you have with us to be unenforceable from the date of the dishonest or fraudulent act. This is at our sole discretion. 6. Recoveries You must not do or say anything that may prejudice our ability to take recovery action in your name. 7. Incurring Costs All costs claimed for under this policy must be necessarily and reasonably incurred. 8. Medical Examinations After you have made a claim, we may request that: 8.1 the insured person has one or more medical examinations, and 8.2 a post mortem examination is carried out if the insured person dies. If we request either of these, we will pay the costs. 9. Other Accident Insurance 9.1 If any other accident insurance is available (either public or private), you must also make a claim under that insurance. 9.2 You must tell us immediately if any other insurer (either public or private) declines (for any reason) a claim relating to an injury and/or illness by this policy. PAGE 8
10 B. MANAGING YOUR CLAIM 1. Subrogation Once we have accepted any part of your claim under this policy, we may assume your legal right of recovery. If we initiate a recovery we will include your deferment period, and any other uninsured losses suffered by you. Where we do this, you agree to pay your proportional share of the recovery costs, and subsequently the proceeds of the recovery will be shared on the same proportional basis, except that we will reimburse your deferment period first. 2. Reparation or Compensation If any person is ordered to make reparation or compensation to you for an event we have fully compensated you for, then you must tell us. Any payments received must first reimburse our claims payment(s) up to the amount of any reparation or compensation received. 3. Death to be Presumed If the insured person disappears, their death will not be presumed unless they have been missing for more than 12 months. However, if: (a) it can be reasonably assumed that the disappearance is due to death by injury, then we shall consider the disappearance to fall under Event 1, and (b) at any future date the insured person subsequently re-appears, you must return any payment we make. GENERAL CONDITIONS A. HOW WE ADMINISTER THIS POLICY 1. Cancellation and Modification By You You may ask us to cancel or modify this policy at any time. We must agree in writing to any modification before it will take effect. By Us We may cancel or modify this policy by advising you (or your Broker or Agent) by letter, fax or . Cancellation or modification will take effect at 4.00pm, on the 30th day after the date of our advice. We will refund the proportion of unused premium paid, calculated from the date of cancellation. If you pay your premium by instalments, you must pay us any unpaid instalments that are due. 2. Other Insurance You must notify us as soon as you know of any other insurance policy that covers you for any of the risks covered under this policy. If you or anyone else who is covered under this policy can claim under any other insurance, we will only pay over and above the limit payable by the other insurances. This condition does not apply to Events 1 and Separate Insurance If more than one person or entity is named as Insured in the schedule, then all the parties are insured separately (as though a separate policy had been issued to each person/entity). However, the maximum amount we will pay to all parties is the amount stated in each part of this policy. PAGE 9
11 4. GST Where GST is recoverable by us under the Goods and Services Tax Act 1985: 4.1 all sums insured exclude GST, other than the benefit payable for Event 1 that is inclusive of GST, and 4.2 all sub limits exclude GST, and 4.3 all excesses include GST, and 4.4 GST will be added, where applicable, to claim payments. 5. Monthly/Quarterly Premiums If you choose to pay the premium monthly or quarterly, then: 5.1 you must use the Deduction Authority we require, and 5.2 this policy is for the initial period of insurance starting on the From date and ending on the To date stated in the schedule. The policy will be renewed for further monthly and quarterly periods of insurance (as indicated in the schedule) by payment of each monthly or quarterly premium due under the Deduction Authority. 6. Premium Adjustments If the premium for this policy has been calculated based on estimated figures, then the premium is only a provisional premium for the annual period. Within three months of the expiry of the annual period, you must tell us what the actual figures are. We will re-calculate your actual premium based on the actual figures. The difference between the actual and the provisional premiums will either be payable to us or refunded to you depending on the outcome of the adjustment, but any refund will be limited to 50% of the provisional premium. B. LAWS AND ACTS THAT GOVERN THIS POLICY 1. Acts of Parliament Where this policy refers to any Act of Parliament, it also includes any subordinate legislation made under it, and any subsequent Acts or regulations. 2. Governing Law and Jurisdiction The law of New Zealand applies to this policy and the New Zealand Courts have exclusive jurisdiction. 3. Insurance Law Reform Acts The exclusions and conditions in this policy are subject to your rights under the Insurance Law Reform Acts 1977 and C. YOUR OBLIGATIONS 1. Comply with the Policy You (and any other person or entity we cover) must comply with the conditions of this policy at all times. If you fail to comply, we may not pay your claim. 2. Provide Accurate Information You must make sure all statements and representations that are made to us, at any time, either by you or anyone else, are truthful and complete. 3. Reasonable Care You must take reasonable care at all times to avoid circumstances that could result in a claim. Your claim will not be covered if you are reckless or grossly irresponsible. PAGE 10
12 4. Change in Circumstances You must tell us immediately if there is a material: 4.1 increase in the risk insured, or 4.2 alteration of the risk insured. Once you have told us of the change, we may then cancel or alter the premium and/or terms of this policy. If you fail to notify us about a change in the risk insured, we may: (a) declare this policy unenforceable, or (b) decline any subsequent claim either in whole or in part. These actions will be taken from the date you knew, or ought to have known, of the increase or alteration in the risk insured. Information is material where we would have made different decisions about either: (i) accepting your insurance, or (ii) setting the terms of your insurance, if we had known that information. If in any doubt, notify us anyway. DEFINITIONS The definitions apply to the plural and any derivatives of the words. For example, the definition of accident also applies to the words accidental, accidentally and accidents. act of terrorism annual period earnings event illness injury insured person Includes any act, or preparation in respect of action, or threat of action designed to influence or coerce the government de jure or de facto of any nation or any political division thereof, or in pursuit of political, religious, ideological, or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s) de jure or de facto, and that: (a) involves violence against one or more persons, or (b) involves damage to property, or (c) endangers life other than that of the person committing the action, or (d) creates a risk to health or safety of the public or a section of the public, or (e) is designed to interfere with or disrupt an electronic system. The period of insurance, but no more than 12 months. However, if: (a) you pay the premium monthly or quarterly, or (b) the period of insurance is for more than 12 months the annual period is any one 12-month period calculated from the date this policy first started, and consecutively thereafter. (a) Salary or Wages The insured person s weekly pre-tax income (excluding commissions, bonuses, overtime payments and any allowances) averaged over: (i) a period of 12 months before the disablement occurred, or (ii) any shorter period that he or she has been employed. (b) Self Employed The insured person s weekly pre-tax income derived from their personal enterprise (after deducting all operating expenses from the business or practice) averaged over: (i) a period of 12 months before the disablement occurred, or (ii) any shorter period that he or she has been self-employed. Any one injury or illness or any series of injuries or illnesses resulting from the same cause. Sickness or disease. A bodily injury caused solely and directly by violent, accidental, external and visible means, including exposure to the elements and medical misadventure. The person named as Insured Person in the schedule. PAGE 11
13 loss of use medical expenses occupation partial disablement period of insurance schedule total disablement we you Either: (a) the physical severance of part of the insured person s body, or (b) permanent, incurable and total loss of use (including permanent paralysis) of part of the insured person s body. All medical, surgical, hospital and nursing home expenses for inpatient or outpatient treatment provided they result from an injury or illness that entitled the insured person to a benefit payable under Events 1-5 or 7. The insured person s business or occupation as shown in the schedule or any other occupation that he or she is reasonably qualified for by education, training or experience. An injury or illness to the insured person that results directly in their inability to engage in, perform, or attend to a substantial part of their occupation. The period shown in the schedule, that specifies the start and end dates of this insurance contract. The latest version of the Schedule we issued to you for this policy. An injury or illness to the insured person that results directly in their inability to engage in, perform, or attend to any part of their occupation. NZI, a business division of IAG New Zealand Limited. We may also use the words us, our or company to describe NZI. The person(s) or entity named in the schedule as Insured. We may also use the word insured to describe you. PAGE 12
14 NZI is a business division of IAG New Zealand Limited, a wholly owned subsidiary of Insurance Australia Group, Australasia s largest general insurer. Established in 1859, it is today one of the country s largest and longest-serving fire and general insurance brands, protecting tens of thousands of New Zealanders every year. Through our broad range of commercial, personal, marine, professional risks and rural insurance products, we pride ourselves on helping people to achieve the best protection for their assets. We partner with a network of skilled and experienced brokers and other insurance intermediaries who distribute our products. We pay remuneration to our brokers and intermediaries when they issue our policies, and when these policies are renewed or varied. To find out more about the advantages of choosing NZI, talk to your broker or visit nzi.co.nz. Printed using vegetable based mineral oil free inks on paper from an environmentally certified and responsibly managed forest and mill. nzi.co.nz form no: NZ2069/3 08/13 wording no. DISNZR2 issued: August 2013
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