FEEGUARD INSURANCE INDIVIDUAL POLICY DOCUMENT
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1 FEEGUARD INSURANCE INDIVIDUAL POLICY DOCUMENT Insurer: Main business General Insurance. Registered in England No Head Office: ACE Building, 100 Leadenhall Street, London, EC3A 3BP. Authorised and regulated by the Financial Services Authority (FSA). Registration number FRN Claims and Customer Services Centre Ashdown House, 125 High Street, Crawley, West Sussex RH10 1DQ Full details can be found on the FSA s Register by visiting or by contacting the FSA on
2 Contents Introduction... 2 Insurance Agreement... 2 General Definitions... 2 General Conditions... 3 Section 1. Cancellation and Curtailment... 4 General Exclusions... 4 Making a Claim... 5 Complaints Procedures... 6 Financial Services Compensation Scheme... 6 Data Protection/Privacy... 6 Association of British Insurers... 7 Please note: Terms in bold have the meanings given to them in the General Definitions Sections below. Introduction Thank you for choosing Feeguard Insurance, which is underwritten by and arranged by Gibbs Denley. Please check the Policy carefully to be sure the cover meets your needs. If there are any queries, these should, in the first instance, be directed to Gibbs Denley (Tel: ) or directly to us. If your needs change, or if any information you gave us changes, please tell Gibbs Denley because we may need to change the Policy. We will update the Policy and send you a new Policy Schedule each time we agree a change with you. Insurance Agreement This is your Feeguard Insurance Policy which, together with your Policy Schedule and the information supplied in your application, is a contract between you and us. You should keep this Policy in a safe place it will be needed for reference if you have a claim. In return for payment of the premium, we agree to insure the Insured Person during the Period of Insurance in the manner and to the extent provided, and subject to the Policy Terms, Conditions and Exclusions. The Policy Schedule shows the cover chosen for the Insured Person. The Schedule of Benefits shows the maximum Benefit Amount we will pay. One of our authorised representatives must sign the Policy Schedule for your cover to be valid. Andrew Kendrick Chairman and CEO General Definitions The following words and phrases will always have the same special meaning wherever they appear in the Policy in bold type and commencing with a capital letter. Benefit Amount means the maximum we can pay as shown in the Schedule of Benefits. Cancellation and Curtailment Expenses means loss of deposits, or charges for advance payments for Course Fees which have not or will not be used, but which become forfeit or payable under contract. Commencement Date means the day, month and year shown in the Policy Schedule for the cover to start. Course means any academic course run by an Educational Establishment. Course Fees means monies you pay to enrol in a Course, excluding charges levied due to the method of payment. Due to means directly or indirectly caused by, arising or resulting from, in connection with. Educational Establishment means a recognised educational body located in the United Kingdom. Effective Date means the day, month and year shown in the Policy Schedule for any change in the cover to start. Gibbs Denley means Gibbs Denley Insurance Services, Crystal House, Buckingway Business Park, Swavesey, Cambridge CB4 5UL; authorised and regulated by the Financial Services Authority, registration number Insured Person means person shown as insured on the Policy Schedule. Parent or Legal Guardian means person with parental responsibility, or a legal guardian, both being in accordance with the Children Act 1989 and any statutory amendment modification or re-enactment of it. 2
3 Partner means: 1. the Insured Person's spouse; or 2. the Insured Person's civil partner, registered pursuant to the Civil Partnership Act; or 3. someone of either sex with whom the Insured Person has been living for at least three months as though they were their spouse or civil partner. Period of Insurance means the period commencing on the Commencement Date and ending on the date To: on the Policy Schedule commencing at hours on the earlier date shown or at any later time the Policy Schedule is issued and expiring at midnight on the later date shown. Cover begins when the Course is booked (if this Policy is in force at the time of booking) or on the Commencement Date, whichever is later. Permanently Resident means resident in the first instance for at least three months and thereafter for forty weeks each year. Qualified Medical Practitioner means doctor or specialist who is registered or licensed to practise medicine under the laws of the country in which they practise other than: 1. you 2. your relative unless approved by us. United Kingdom means England, Scotland, Wales and Northern Ireland (excluding the Isle of Man and the Channel Islands). War means armed conflict between nations, invasion, act of foreign enemy, civil war, military or usurped power. We/our/us means (ACE). Winter Sports means any winter pursuits or sports including, but not limited to, the following: skiing (including skiing outside the area of the normal compacted snow or ski slope i.e. off-piste); tobogganing; snow boarding; ice skating (other than on an indoor rink) ski or ski bob racing; mono skiing; ski jumping; ski boarding; ice hockey; or, the use of bobsleighs or skeletons. You/your means person named in the Policy Schedule who has taken out the Policy. Where the Policyholder and the Insured Person are not the same person, the Policyholder must be the Insured Person s Parent or Legal Guardian. General Conditions The following General Conditions are applicable to the Policy as a whole. 1. This Policy, the Policy Schedule, the Schedule of Benefits and any information provided in your application will be read together as one contract. Any word or expression to which specific meaning has been attached shall unless the context otherwise requires bear such meaning wherever it may appear. 2. This Policy shall only apply if you and the Insured Person are Permanently Resident in the United Kingdom, Isle of Man or the Channel Islands. 3. If we want to cancel or change your Policy, we will write to you at the latest address we have for you. We will then cancel the Policy thirty days after the date of our letter. If we cancel the Policy we will refund any premium you paid for the cancelled period provided you have not made a claim under the Policy during the Period of Insurance. We may cancel your Policy or revise the covers and benefits, but we will do this only when we cancel or revise all Feeguard Insurance Policies which we have issued. 4. If you are not satisfied with this Policy and have not booked or the Insured Person has not taken a Course protected by the cover provided, you may return the Policy to Gibbs Denley within 14 days of the Commencement Date and we will cancel it. If this happens, the Policy will have provided no cover and we will refund any premiums you have paid. If you write and tell Gibbs Denley to cancel your Policy after 14 days, we will cancel it from the date your letter is received or any later date you stipulate. We reserve the right to charge the appropriate premium for any period during which cover operated. 5. Where you or your personal representative(s), or the Insured Person or the Insured Person s representative(s) do not comply with any obligation to act in a certain way specified in this Policy we reserve the right not to pay a claim. 6. We will not be liable to make any payment under this Policy if you or your personal representative(s), or the Insured Person or the Insured Person s representative(s) do not observe and fulfil its Terms, Exclusions and Conditions. 7. The benefits under this Policy may not be assigned. If you sell or transfer your Policy, or use it as security for a loan or for any kind of business, we will not recognise this. At all times, our contract will be with you and we will only deal with you and/or your legal representatives. 8. You and we agree that: 3
4 i. this Policy will be governed and interpreted in accordance with the Law of England and Wales and only the English Courts will have jurisdiction in any dispute; and ii. communication of and in connection with this Policy shall be in the English language. 9. You and we have agreed that it is not intended for any third party to this contract to have the right to enforce or vary the terms of this contract. You and we can rescind or vary the terms of this contract without the consent of any third party to this contract who might seek to assert that they have rights under the Contracts (Rights of Third Parties) Act You and the Insured Person must take ordinary and reasonable care to safeguard against loss, damage, Accident, injury or illness as though you and the Insured Person were not insured. 11. It is your responsibility to provide complete and accurate information to us when applying for the Policy and throughout the life of this Policy. It is important that you ensure all statements made in the application, over the telephone, on claim forms and other documents are full and accurate. Please note that if you, the Insured Person, or any person acting on your behalf, or any person acting on the Insured Person s behalf, fails to disclose, describes incorrectly or misrepresents any material information to us it could invalidate the insurance cover under this Policy. This could mean that part or all of a claim may not be paid. Dual Insurance The Insured Person should not be insured under more than one Feeguard Insurance Policy. If the Insured Person is insured under more than one of these Policies; we will consider the Insured Person to be insured under the Policy which provides the highest benefits; or if the benefits are the same we will consider the Insured Person to be insured under the Policy which was issued first. In any case, we will refund the premium paid for the Policy which is not giving cover and issue an amended Policy Schedule showing the correct details. Section 1. Cancellation and Curtailment The cover we provide 4 If during the Period of Insurance the Insured Person is forced to: 1. cancel any part of a planned Course prior to the commencement of that Course; or, 2. curtail a Course after the Insured Person has commenced that Course, as the direct and necessary result of: 1. injury or illness of the Insured Person; or, 2. the death, injury or illness of the Insured Person s spouse, Partner, mother, father, sister, brother or Child, we will pay up to the amount shown on the Policy Schedule for Cancellation and Curtailment Expenses incurred in respect of such Course, provided that such death, injury or illness occurs during the Period of Insurance. General Exclusions The following General Exclusions are applicable to the Policy as a whole. 1. We will not pay any claim for Cancellation and Curtailment Expenses: a) incurred after the expiry of the Period of Insurance during which the Insured Person attains the age of 61 years or before the Insured Person attains the age of 16 years; or b) if the Insured Person is a professional sportsperson or a professional entertainer; 2. We will not pay any claim for Cancellation and Curtailment Expenses which is Due To: a) suicide, attempted suicide or deliberate selfinflicted injury by the Insured Person, regardless of the state of the Insured Person s mental health or needless self-exposure to danger except in an attempt to save human life. b) the Insured Person taking part in: i. any aerial pursuits or sports including, but not limited to, the following: ballooning; bungee-jumping; gliding; hanggliding; microlighting; parachuting; paragliding; or parascending. ii. air travel (other than as a fare-paying passenger on a regular scheduled airline or licensed charter aircraft). iii. Winter Sports. iv. racing, motor rallies and competitions, mountaineering (reasonably requiring the use of ropes or guides), pot holing, rafting or canoeing involving white water rapids (rated in excess of grade 3) underwater activities
5 requiring the use of artificial breathing apparatus, professional sports, rugby league or union. c) the Insured Person travelling on a motorcycle over 125cc. d) the Insured Person being a full time member of the armed forces of any nation or international authority or a member of any Reserve Forces called out for Permanent Service. e) War, whether War is declared or not. f) the Insured Person being under the influence of alcohol, solvents, drugs or medication except where it can be proven that the drugs or medication were taken in accordance with a proper medical prescription and not for the treatment of drug or alcohol addiction. g) Post Traumatic Stress Disorder or any psychological or psychiatric condition. h) any injury, illness, death, loss, expense or any other liability attributable to HIV (Human Immune Deficiency Virus) and/or any HIV related illness including AIDS (Acquired Immune Deficiency Syndrome) and/or any mutant derivative or variations thereof however caused. i) the Insured Person s illegal act. j) pregnancy, childbirth, miscarriage or abortion or complications arising from any of these. 3. We will not pay any claim for Cancellation and Curtailment Expenses: a) in respect of any Course exceeding 15 weeks duration where less then 25% of the Course time has been missed. b) where a Course is booked or undertaken against the advice of a Qualified Medical Practitioner. c) unless a Qualified Medical Practitioner has confirmed that the Insured Person should cancel or curtail the Course. d) arising directly or indirectly as a result of bankruptcy or liquidation. e) if the Insured Person decides not to attend or not to continue attending a Course. 4. We will not pay more than a rateable proportion of any Course Fees which are also recoverable from any other insurance Policy which is applicable to the Insured Person. Making a Claim How to Claim 1. If a claim needs to be made, we must be notified within 30 days of the incident or as soon as possible after that. We will then ask for a claim form to be completed to register your claim. You can download a claim form from Gibbs Denley s Web Site at the following address: If you cannot do this yourself, a personal representative can do this for you. Our contact details are: Accident & Health Claims Department Ashdown House 125 High Street Crawley West Sussex RH10 1DQ Telephone: Fax: Please note: all original receipts must be kept and provided to support a claim. Please ensure that you either: i. attach a copy of your Policy Schedule to the claim form; or, ii. quote your full Policy Number (as shown on your Policy Schedule) on the claim form. 2. As soon as possible after the occurrence of any injury or illness the Insured Person must obtain and follow the advice of a Qualified Medical Practitioner and we shall not be liable for any consequences of the Insured Person s failure to obtain and follow such advice and use such appliances or remedies as may be prescribed. 3. We will need to be sent any information, evidence and receipts we require including medical certificates signed by a Qualified Medical Practitioner, Police reports and other reports. We will not pay for these. 4. You must agree to a medical examination of the Insured Person if we ask for it. We will pay for this. 5. We may insist on a post-mortem examination if the law allows us to ask for one. We will pay for this. 6. We will not pay dishonest claims. If you make a dishonest claim or you or anyone acting on your behalf, or the Insured Person or anyone acting on the Insured Person s behalf, uses fraudulent means to benefit under this Policy, we may cancel 5
6 the Policy immediately. 7. You and the Insured Person must keep to the terms of your Policy. If you or they do not, we may not accept a claim. Paying Claims 1. If you have a claim, we will deal with it based on the cover details shown in the last Policy Schedule and Schedule of Benefits we sent you before the occurrence. 2. If the Insured Person is aged 18 years or over we will pay the claim to the Insured Person and the Insured Person s receipt shall be a full discharge of all liability by us in respect of such claim. 3. If the Insured Person is aged under 18 years we will pay the claim to you for the Insured Person s benefit. Your receipt shall be a full discharge of all liability by us in respect of such claim. 4. We will not pay interest on any sum payable under this Policy unless payment has been unreasonably delayed by us following receipt of all the required certificates, information and evidence necessary to support the claim. Where interest becomes payable by us, it will be calculated only from the date of final receipt of such certificates, information or evidence. Complaints Procedures We are dedicated to providing a high quality service and want to maintain this at all times. If it is felt that a first class service has not been offered or a complaint must be made regarding this insurance: a) you can contact Gibbs Denley; or, b) alternatively, contact: The Customer Service Manager Ashdown House 125 High Street Crawley West Sussex RH10 1DQ Tel: Fax: quoting Policy details. If you are dissatisfied with our final response you may approach the Financial Ombudsman Service (FOS) for assistance. Its contact details are: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall 6 London E14 9SR Tel: Fax: [email protected] Website: The existence of these complaints procedures does not affect your right to take legal action against us. Financial Services Compensation Scheme In the unlikely event that we are unable to meet our liabilities, you may be entitled to compensation under the Financial Services Compensation Scheme (FSCS). The FSCS will meet the first 2,000 of a claim in full plus 90% of the balance without any upper limit. Their contact details are: Financial Services Compensation Scheme 7th Floor, Lloyds Chambers 1 Portsoken Street London E1 8BN Tel: Fax: Website: Data Protection/Privacy The information you provide We fully accept our responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to us. The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by us and our group companies to help us meet your needs including supplying you with products and services you have requested, initially or at any later date, supplying you with information about additional products and services and improving our products and services, and the operations of the Web Site. We may disclose your information to our service providers and agents for these purposes as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention including passing details to other insurers and regulatory bodies.
7 Where you have provided information about another person in connection with the purchase and performance of this insurance Policy you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data and they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from us. We may monitor and/or record your communication with us either ourselves or by using reputable organisations selected by us, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data, for example details relating the Insured Person s health, in order that we can assess and pay any claims. We may only obtain this information or ask third parties such as independent medical examiners to obtain this information with your express prior consent. By submitting a claim you are expressly consenting to us obtaining and using such information to enable us to assess and pay such claim. Underwritten by: Main business general insurance. Registered in England No Head Office: ACE Building, 100 Leadenhall Street, London, EC3A 3BP. Authorised and regulated by the Financial Services Authority (FSA). Registration number FRN Full details can be found on the FSA s Register by visiting or by contacting the FSA on Claims and Customer Services Centre Ashdown House, 125 High Street, Crawley, West Sussex RH10 1DQ We will not disclose any claims details to any other third party without written permission from you. We will keep information about you and the Insured Person only for so long as it is appropriate. In accordance with Subject Access rights, if you or the Insured Person ask, we will tell you or the Insured Person what information we hold about you or him/her and provide it to you or the Insured Person in accordance with applicable law. We will promptly correct any information which is found to be incorrect. Association of British Insurers We are members of the Association of British Insurers. 7
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