Commercial Umbrella Liability Policy

Transcription

1 Commercial Umbrella Liability Policy

2 Commercial Umbrella Liability Policy 1. Cover 1 2. Underlying limit Retained limit 1 3. Limits of liability 1 4. Defence, settlement, supplementary payments 1 5. Exclusions 2 6. Conditions 3 1. Maintenance of underlying insurance 3 2. Other insurance 4 3. Premium 4 4. Inspection and audit 4 5. Insured s duties in the event of an occurrence 4 6. Right to defend; assistance and co-operation 4 7. Appeals 5 8. Bankruptcy and insolvency 5 9. Subrogation Cancellation Severability of interest Bankruptcy or insolvency Underlying insurance 5 7. Definitions 6 8. Privacy Statement 7 i

3 1. Cover In consideration of the payment of the premium specified in the Schedule the Company hereby agrees subject to the terms of the Policy to indemnify the Insured for all Ultimate Net Loss which the Insured shall become obligated to pay by way of damages (excluding punitive, aggravated or exemplary damages, fines and penalties) by reason of liability imposed upon the Insured by law, arising out of: (a) Personal Injury (b) Property Damage, or (c) Advertising Injury caused by an Occurrence anywhere in the World. 2. Underlying limit Retained limit The Company shall be liable only for the Ultimate Net Loss in excess of the greater of the Insured s Underlying Limit or Retained Limit defined as: (a) Underlying Limit an amount equal to the Limits of Indemnity indicated beside the underlying insurance listed in the Schedule of Underlying Insurances, plus the applicable limits of any other underlying insurance collectable by the Insured; (b) Retained Limit the amount specified in item (a) (ii) of the Schedule as applying to all Occurrences not covered by the said underlying insurance, which amount shall be borne by the Insured and shall be payable once only in each Period of Insurance. When the Retained Limit has been exhausted, this Policy shall apply without application of the Retained Limit for the remainder of that Period of Insurance. 3. Limits of liability Regardless of the number of persons companies or other organisations who are insured under this Policy and regardless of the number of claims made and proceedings brought against any or all Insureds, the Company s total Limit of Liability for Ultimate Net Loss resulting from any one Occurrence, shall not exceed the amount specified in item (a) of the Schedule. The Company s liability shall be further limited to the amount stated as the aggregate limit in item (b) of the Schedule in respect of all Personal Injury, Property Damage or Advertising Injury occurring during each Period of Insurance and arising out of the Insured s Products. In the event that the aggregate Limits of Indemnity of the underlying insurance listed in the Schedule of Underlying Insurances are exhausted solely as the result of Personal Injury, Property Damage or Advertising Injury occurring after the inception date of this Policy, this Policy shall, subject to the Company s Limit of Liability and to the other terms of this Policy, with respect to Personal Injury, Property Damage or Advertising Injury occurring during the Period of Insurance, continue in force as underlying insurance for the remainder of the policy period of the underlying insurance or until the Company s aggregate Limit of Liability (stated in item (b) of the Schedule) is exhausted, but not for broader coverage than was provided by the exhausted underlying insurance. In the event that any aggregate Limits of Indemnity of the underlying insurance listed in the Schedule of Underlying Insurances are exhausted or reduced as the result of Personal Injury, Property Damage or Advertising Injury occurring prior to the inception date of this Policy, the Company shall only be liable to the same extent as if the aggregate limits had not been so exhausted or reduced. 4. Defence, settlement, supplementary payments In respect of Occurrences covered under this Policy but not covered under the underlying insurance listed in the Schedule of Underlying Insurances or under any other underlying insurance collectable by the Insured, the Company shall: (a) pay all costs and expenses incurred by the Company in defending, investigating or settling any such claim and all interest accruing on any judgment entered against the Insured in respect of any amount of the judgment that does not exceed the Company s Limit of Liability under this Policy from the date of entry of the judgment up until the date upon which the Company has paid or tendered to the Insured or the judgment creditor or deposited into Court so much of the judgment as does not exceed the Limit of Liability, together with any interest payable pursuant to this clause; (b) pay reasonable legal costs and expenses incurred by the Insured with the written consent of the Company in the defence, investigation or settlement of any claims alleging liability insured under the provisions of this Policy, provided that if a payment in excess of the Limit of Liability under this Policy has to be made by the Insured to dispose of a claim, the Company s liability for such costs and expenses incurred with its written consent shall be such proportion of those costs and expenses as the amount of indemnity payable under the Policy bears to the amount paid to dispose of the claim; 1

4 (c) reimburse the Insured for all reasonable expenses incurred at the Company s written request or with the Company s written consent (including loss of wages or salary, but not loss of other income) as a result of the Insured s attendance at hearings or trials relating to a liability covered by this Policy. Any amounts paid pursuant to clauses 4(a), (b) or (c) shall be in addition to the Limits of Liability stated in the Schedule and shall not be included as part of the Ultimate Net Loss except in relation to any claim or claims in respect of Personal Injury, Property Damage or Advertising Injury happening in any country on the continent of North America or in states or territories incorporated in or administered from or by such country, where any such amounts shall be included as part of the Ultimate Net Loss. 5. Exclusions This Policy shall not apply: 1. to any liability (a) in respect of which the Insured is indemnified under a policy of insurance which the Insured is required to effect and/or maintain pursuant to any workers compensation legislation or Vehicle third party compensation legislation; (b) imposed upon the Insured by any workers compensation legislation or Vehicle third party compensation legislation; (c) which has been assumed by the Insured under any workers compensation scheme or accident pay agreement; (d) in respect of Personal Injury to any employee of the Insured arising out of or in the course of the employment of that employee by the Insured. 2. to loss of use of tangible property which has not been physically damaged or destroyed resulting from: (a) a delay in or lack of performance by or on behalf of the Insured of any contract or agreement; or (b) the failure of the Insured s Products or work performed by or on behalf of the Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Insured, but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical damage to or destruction of the Insured s Products or work performed by or on behalf of the Insured after such Products or work have been put to use by any person or organisation other than the Insured. 3. to Property Damage: (a) to property owned by the Insured; (b) to the Insured s Products arising out of such Products or any part of such Products; (c) to any part of any property that must be repaired, reconditioned or replaced by reason of work performed by the Insured or on the Insured s behalf, or by reason of materials workmanship or equipment used in connection with such work which are defective or inadequate. 4. to damages claimed for the withdrawal, inspection, repair, replacement, removal or loss of use of the Insured s Products, or work completed by or on behalf of the Insured or of any property of which such Products or work form a part. 5. to any liability of the Insured directly or indirectly caused by or contributed to by or arising from: (a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exclusion only, combustion shall include any self-sustaining process of nuclear fission or nuclear fusion; (b) nuclear weapons material. 6. to any liability of the Insured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 7. to Property Damage to any property leased or rented to, used or occupied by, or in the care, custody or control of the Insured: (a) to the extent that the Insured has agreed to provide insurance therefor; or (b) if such property is owned by any person or organisation controlling or coming under the control of the Insured. 8. (a) to Personal Injury, Property Damage or Advertising Injury caused by or arising directly or indirectly out of the actual, alleged or threatened discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon any property, land, the atmosphere or any watercourse or body of water (including groundwater) unless such discharge, dispersal, release or escape (i) is neither reasonably expected nor intended by the Insured; and (ii) is the consequence of a sudden and instantaneous cause which takes place at a clearly identifiable point in time during the Period of Insurance; 2

5 (b) to any costs or expenses incurred in preventing, removing, nullifying or cleaning-up any discharge, dispersal, release or escape as described in (a) above, unless such costs or expenses are consequent upon an unexpected, unintended sudden and instantaneous cause which takes place at a clearly identifiable point in time during the Period of Insurance and results in Personal Injury, Property Damage or Advertising Injury none of which is otherwise excluded by this Policy. Provided that the total aggregate liability of the Company during any one Period of Insurance in respect of all claims arising from such Personal Injury, Property Damage Advertising Injury or such costs or expenses, shall not exceed the Limit of Liability stated in item (b) of the Schedule. 9. to Personal Injury, Property Damage or Advertising Injury directly or indirectly caused by or arising from (a) mining, processing, transportation, distribution and/or storage of asbestos; (b) manufacture of asbestos products and/or processing of material containing asbestos; (c) any process of decontamination treatment or control of asbestos; Provided that this Exclusion 9 (c) shall only apply to Personal Injury arising in consequence of the inhalation of asbestos fibre or Property Damage due to the presence of asbestos. 10. to any liability caused by or arising out of the use (including but not limited to the ownership, maintenance, operation, loading or unloading) of: (a) Aircraft owned by the Insured or chartered by or on behalf of the Insured without crew; (b) Watercraft owned by the Insured or chartered by or on behalf of the Insured without crew; unless cover is provided by an insurance listed in the Schedule of Underlying Insurances, and then for no broader coverage than is afforded by such underlying insurance. 11. to: (a) Personal Injury caused by or arising out of the use (including but not limited to the ownership, maintenance, operation, loading or unloading) of a Vehicle; (b) indemnify any employee insured under this Policy with respect to Personal Injury sustained by any other person in the course or scope of his/her employment with the same employer, unless cover is provided in respect of such liability by an insurance listed in the Schedule of Underlying Insurances, and then for no broader coverage than is afforded by such underlying insurance. 12. to Advertising Injury resulting from (a) failure to perform a contract, or breach of contract; (b) infringement of trade mark, service mark or trade name, titles and slogans, by use thereof on or in connection with goods or services sold, offered for sale or advertised; (c) incorrect description of any article or commodity; (d) mistake in advertised price. 13. to any liability arising out of (a) discrimination of any kind; (b) termination of employment of any person employed by the Insured. 14. to any claim by a director or officer of a company or other organisation insured by this Policy in respect of: (a) a claim against that director or officer by a company or other organisation insured by this Policy; (b) a claim against such director or officer for pure economic or financial loss suffered by a claimant which does not arise out of any Personal Injury, Property Damage or Advertising Injury suffered by the claimant. 15. to any liability of the Insured directly or indirectly arising out of: (a) selling, leasing, hiring or manufacture of Aircraft; (b) Insured s Products that are used, with the Insured s knowledge, in the manufacture, maintenance or operation of Aircraft. 6. Conditions 1. Maintenance of underlying insurance The underlying insurance listed in the Schedule of Underlying Insurances or renewals or replacements thereof not more restrictive in coverage, shall be maintained in full effect during the currency of this Policy, except for any reduction in the aggregate limit or limits contained therein solely by payment of claims in respect of Personal Injury or Property Damage occurring during the Period of Insurance or Advertising Injury first published or broadcast in connection with the Insured s advertising activities during the Period of Insurance. Failure of the Insured to comply with the foregoing shall not invalidate this Policy but in the event of such failure, the Company shall only be liable to the same extent as if the Insured had complied with this condition. 3

6 The Named Insured shall give the Company written notice as soon as practicable of any change in the scope of coverage, or in the amount of Limits of Indemnity under any underlying insurance, or the termination of any coverage, or the (potential) exhaustion of more than 50% (fifty percent) of the aggregate limits of any underlying insurer s liability. 2. Other insurance If the Insured is covered by a policy of insurance, other than this Policy or any insurance listed in the Schedule of Underlying Insurances, which indemnifies the Insured (either in whole or in part) in the event of the Insured incurring a liability of a type also covered by this Policy, the Insured shall immediately provide in writing to the Company full details of such other policy of insurance and, at the sole discretion of the Company, the Company may issue an endorsement to this policy specifying that: (a) such other policy of insurance is deemed to be an underlying insurance as if it were listed in the Schedule of Underlying Insurances from the inception of this Policy; and/or (b) this Policy will only apply in excess of such other policy of insurance in respect of liabilities of the type covered by this Policy. 3. Premium (a) Unless otherwise provided, the premium for this Policy is a flat premium and is not subject to adjustment except as provided for herein by endorsement. (b) In the event of additional Insureds being added to the coverage under any underlying insurance during the currency of this Policy, prompt notice shall be given to the Company and the Company shall be entitled to charge an appropriate additional premium. 4. Inspection and audit The Company shall be permitted but not obliged to inspect the Insured s property and operations at any time. Neither the Company s right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the Insured or others, to determine or warrant that such property or operations are safe. The Company may examine and audit the Insured s books and records at any time during the Period of Insurance and extensions thereof and within six years after the final termination of this Policy, as far as they relate to the subject matter of this insurance. 5. Insured s duties in the event of an occurrence (a) In the event of Personal Injury, Property Damage or Advertising Injury, or of an Occurrence which may give rise to Personal Injury, Property Damage or Advertising Injury, the Insured shall immediately take, at the Insured s own expense, all responsible and reasonable steps to prevent Personal Injury, Property Damage or Advertising Injury continuing or arising out of such Occurrence. (b) The Insured shall give notice in writing to the Company as soon as is practicable of any Personal Injury, Property Damage or Advertising Injury which may be covered by this Policy or any Occurrence which may give rise to Personal Injury, Property Damage or Advertising Injury covered by this Policy, and shall immediately forward to the Company all information relative to such Personal Injury, Property Damage, Advertising Injury or Occurrence. In particular, the Insured shall provide to the Company every demand, writ, summons, proceedings, notice of impending prosecution or inquest and all information in relation thereto. (c) The Insured shall not, without the Company s written consent, make any admission, offer, promise or payment in connection with any Personal Injury, Property Damage or Advertising Injury or Occurrence which may give rise to Personal Injury, Property Damage or Advertising Injury. (d) If the amount of the Ultimate Net Loss becomes certain either through adjudication or through compromise with the prior written consent of the Company, then the Insured may pay the amount of the Ultimate Net Loss to the claimant and, upon submission of due proof thereof, the Company shall indemnify the Insured for that part of such payment which is in excess of the Underlying Limit or, in the case of a claim not covered by underlying insurance, the Retained Limit, or, the Company will, upon request by the Insured, make such payment to the claimant on behalf of the Insured. (e) The Insured shall promptly reimburse the Company for any amount within the Insured s Retained Limit paid by the Company on behalf of the Insured in settlement or satisfaction of any claim or proceeding. 6. Right to defend; assistance and co-operation (a) In respect of Personal Injury, Property Damage or Advertising Injury covered under this Policy or any Occurrence which may give rise to Personal Injury, Property Damage or Advertising Injury covered under this Policy, the Company shall have the right, if it so elects, to defend, investigate and settle any claim against the Insured with respect to such Personal Injury, Property Damage, Advertising Injury or Occurrence even if the claim is groundless, false or fraudulent. 4

7 (b) Without derogating from the rights contained in condition 6(a), the Company shall not be obliged to assume charge of the defence, investigation or settlement of any claim made or proceedings instituted against the Insured and, in the event that the Company elects not to assume charge of the defence, investigation or settlement of the claim or proceeding, the Company shall have the right and shall be given the opportunity to associate with the Insured or the Insured s underlying insurers, or both, in the defence, investigation or settlement of any claim or proceeding relating to any Personal Injury, Property Damage or Advertising Injury or Occurrences which may give rise to such Personal Injury, Property Damage or Advertising Injury where the claim or proceeding, in the Company s opinion, involves or is reasonably likely to involve the Company. (c) The Insured shall co-operate with the underlying insurers as required by the terms of any underlying insurance, comply with all terms and conditions of such underlying insurance, and shall enforce any right of contribution or indemnity against any person, corporation or organisation who may be liable to the Insured because of the Personal Injury, Property Damage or Advertising Injury in respect of which insurance is provided under this Policy or any underlying insurance. 7. Appeals If the Insured or the Insured s underlying insurer elects not to appeal a judgment in excess of the Insured s Retained Limit or of the Underlying Limit, the Company may elect to do so at its own expense and the Company shall be liable for the legal costs and expenses associated with prosecuting the appeal and any additional taxed costs, disbursements and interest payable to the judgment creditor, but in no event shall the liability of the Company for Ultimate Net Loss exceed the amount set forth in the Schedule, together with the legal costs and expenses incurred in prosecuting the appeal and the additional taxable costs, disbursements and interest payable to the judgment creditor as a result of the appeal. 8. Bankruptcy and insolvency In the event of the bankruptcy or insolvency of the Insured or of any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claim hereunder because of such bankruptcy or insolvency. 9. Subrogation In the event of any payment under this Policy, the Company shall be subrogated to all the Insured s rights of recovery against any person or organisation and the Insured shall execute and deliver any appropriate instruments and papers and do whatever else is necessary to secure such rights. Any amount so recovered shall be applied in the following order of priority: (a) FIRST to the uninsured proportion of the loss; (b) SECOND to reimburse the Company to the extent of its actual payment hereunder; (c) THIRD if any balance then remains unpaid it shall be applied to reimburse the Insured as their interest may appear. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no such recovery in proceedings conducted solely by the Company, it shall bear the expenses thereof. 10. Cancellation (a) The Insured may cancel this Policy by giving notice in writing to the Company at any time. (b) The Company may cancel this Policy in any of the circumstances set out in the Insurance Contracts Act 1984 (as amended). Such cancellation shall take effect 30 days after notification was received by the Insured. (c) After cancellation by the Insured a refund of premium will be allowed calculated by reference to the Company s customary short period rates. (d) After cancellation by the Company a refund of premium will be allowed pro rata for the unexpired Period of Insurance. (e) When the premium is subject to adjustment, cancellation will not affect the obligation of the Insured to supply to the Company such information as is necessary to permit the premium adjustment to be calculated and to pay the amount of the adjustment applicable up to the date of cancellation. 11. Severability of interest In the event of claims being made in respect of Personal Injury, Property Damage or Advertising Liability suffered by one Insured herein for which another Insured herein is or may be liable, this Policy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate Policies had been issued to each Insured herein. Nothing contained herein shall operate to increase the Company s Limit of Liability as set out in this Policy. 12. Bankruptcy or insolvency Underlying insurance In the event of the bankruptcy or insolvency of any insurer providing any underlying insurance, this Policy shall not apply as a replacement for such underlying insurance, but shall apply only in excess of the applicable Limit of Indemnity specified in the Schedule of Underlying Insurances and then only for the appropriate amount specified under Limit of Liability in the Schedule. 5

8 7. Definitions When used in this Policy (including endorsements forming a part hereof) the following terms have their ascribed meaning: Advertising injury Means (a) libel, slander or defamation, (b) piracy of or any act, error or omission in the use of, advertising or merchandising ideas, (c) infringement of copyright, (d) invasion of the right of privacy, first published or broadcast or first committed or alleged to have been committed in connection with the Insured s advertising activities during the Period of Insurance. Aircraft Means any craft or thing made or intended to travel through the air, the atmosphere or space. Watercraft Means any vessel craft or thing made or intended to float on or in or travel on or in or under or through water. Vehicle Means any type of machine on wheels or self laid tracks made or intended to be propelled by other than manual or animal power and any trailer or other attachment made or intended to be drawn by any such machine. Name insured and insured (a) Named Insured means the Named Insured stated in the Schedule and any subsidiary company (including subsidiaries thereof) and any other organisation controlled by it and over which it assumes active management. Any new organisation acquired by the Named Insured during the Period of Insurance through consolidation, merger, purchase of the assets of or assumption of control and active management must be reported to the Company within ninety (90) days and such acquisition must be endorsed on to the Policy. (b) Insured means not only the Named Insured but also: (i) Any partner of a partnership or joint venture named in the Schedule, but only with respect to liability covered by this Policy incurred in the operation of the business of the partnership or joint venture. (ii) Any Insured (not being the Named Insured under this Policy) included in an insurance listed in the Schedule of Underlying Insurances but not for broader coverage than exists for the benefit of such Insured under such insurance. (iii) Any officer, director or employee of the Insured while acting within the scope of his duties as such. (iv) Any social and/or sporting clubs, first aid, fire and ambulance services formed with the consent of the Insured and incidental to the carrying on of the Insured s business, including any office bearer or member thereof in respect of liability covered by this Policy incurred in their capacity as such. (v) If the Named Insured is designated as an individual, the person so designated, but only with respect to the conduct of a business of which the person is the sole proprietor. Insured s products Means any thing, including any packaging or container thereof (after it has ceased to be in the possession or control of the Insured) manufactured, grown, extracted, produced, processed, assembled, constructed, erected, installed, repaired, serviced, treated, sold, supplied, resupplied or distributed in or from Australia or its external territories by the Insured and also includes: (a) the design formula or specification of such Products, and (b) directions markings instructions warnings or advice given or omitted to be given in connection with such Products, and (c) any thing in respect of which the Insured is taken or deemed to be the manufacturer by operation of a law of Australia or its external territories. Occurrence Means an event, including continuous or repeated exposure to conditions, which results in Personal Injury, Property Damage or Advertising Injury neither expected nor intended from the standpoint of the Insured. In respect of Personal Injury and Property Damage all such exposure to substantially the same general conditions shall be deemed to be one Occurrence. With respect to Advertising Injury all damages involving the same injurious material, act or omission, regardless of the frequency of repetition thereof, the number and kind of media used and the number of claimants, shall be deemed to arise out of one Occurrence. 6

9 Personal injury Means (a) bodily injury, sickness, illness, disease, disability, nervous shock, mental injury, mental anguish, distress, including death or loss of consortium at any time resulting therefrom, (b) false arrest, false imprisonment, wrongful entry, wrongful eviction, wrongful detention or malicious prosecution, (c) libel, slander, defamation of character, humiliation or invasion of the rights of privacy, unless arising out of advertising activities, (d) assault and battery not committed by or at the direction of the Insured unless committed for the purpose of preventing or eliminating danger to persons or property, which occurs during the Period of Insurance. Property damage Means (a) physical damage to or loss or destruction of tangible property which occurs during the Period of Insurance including resultant loss of use, (b) loss of use of tangible property which has not been physically damaged or destroyed provided such loss of use is caused by physical damage to or destruction of other tangible property which occurs during the Period of Insurance. Ultimate net loss Means the sum or sums actually paid or payable in the settlement or satisfaction of claims for which the Insured is legally liable either by adjudication or by compromise with the written consent of the Company, after making proper deductions for all recoveries and salvages collectable, but excludes legal costs and expenses incurred by the Insured or the Company and all salaries of employees and office expenses of the Insured, the Company or any underlying insurers. Provided that in relation to any claim or claims in respect of Personal Injury Property Damage or Advertising Injury happening in any country on the continent of North America or in states or territories incorporated in or administered from or by such country, legal costs and expenses incurred by the insured or the Company shall be included in the determination of Ultimate Net Loss. Company Means AAI Limited ABN trading as Vero Insurance Headings Where headings are used in this Policy, they are purely descriptive in nature and are not intended to be used for interpretative purposes. 8. Privacy Statement AAI Limited trading as Vero Insurance is the insurer and issuer of your commercial insurance product, and is a member of the Suncorp Group, which we ll refer to simply as the Group. Why do we collect personal information? Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable. We collect personal information so that we can: identify you and conduct appropriate checks; understand your requirements and provide you with a product or service; set up, administer and manage our products and services and systems, including the management and administration of underwriting and claims; assess and investigate any claims you make under one or more of our products; manage, train and develop our employees and representatives; manage complaints and disputes, and report to dispute resolution bodies; and get a better understanding of you, your needs, your behaviours and how you interact with us, so we can engage in product and service research, development and business strategy including managing the delivery of our services and products via the ways we communicate with you. What happens if you don t give us your personal information? If we ask for your personal information and you don t give it to us, we may not be able to provide you with any, some, or all of the features of our products or services. 7

10 How we handle your personal information We collect your personal information directly from you and, in some cases, from other people or organisations. We also provide your personal information to other related companies in the Group, and they may disclose or use your personal information for the purposes described in Why do we collect personal information? in relation to products and services they may provide to you. They may also use your personal information to help them provide products and services to other customers, but they ll never disclose your personal information to another customer without your consent. Under various laws we will be (or may be) authorised or required to collect your personal information. These laws include the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Personal Property Securities Act 2009, Corporations Act 2001, Autonomous Sanctions Act 2011, Income Tax Assessment Act 1997, Income Tax Assessment Act 1936, Income Tax Regulations 1936, Tax Administration Act 1953, Tax Administration Regulations 1976, A New Tax System (Goods and Services Tax) Act 1999 and the Australian Securities and Investments Commission Act 2001, as those laws are amended and includes any associated regulations. We will use and disclose your personal information for the purposes we collected it as well as purposes that are related, where you would reasonably expect us to. We may disclose your personal information to and/or collect your personal information from: other companies within the Group and other trading divisions or departments within the same company (please see our Group Privacy Policy for a list of brands/companies); any of our Group joint ventures where authorised or required; customer, product, business or strategic research and development organisations; data warehouse, strategic learning organisations, data partners, analytic consultants; social media and other virtual communities and networks where people create, share or exchange information; publicly available sources of information; clubs, associations, member loyalty or rewards programs and other industry relevant organisations; a third party that we ve contracted to provide financial services, financial products or administrative services for example: information technology providers, administration or business management services, consultancy firms, auditors and business management consultants, marketing agencies and other marketing service providers, claims management service providers print/mail/digital service providers, and imaging and document management services; any intermediaries, including your agent, adviser, a broker, representative or person acting on your behalf, other Australian Financial Services Licensee or our authorised representatives, advisers and our agents; a third party claimant or witnesses in a claim; accounting or finance professionals and advisers; government, statutory or regulatory bodies and enforcement bodies; policy or product holders or others who are authorised or noted on the policy as having a legal interest, including where you are an insured person but not the policy or product holder; in the case of a relationship with a corporate partner such as a bank or a credit union, the corporate partner and any new incoming insurer; the Financial Ombudsman Service or any other external dispute resolution body; credit reporting agencies; other insurers, reinsurers, insurance investigators and claims or insurance reference services, loss assessors, financiers; legal and any other professional advisers or consultants; hospitals and, medical, health or wellbeing professionals; debt collection agencies; any other organisation or person, where you ve asked them to provide your personal information to us or asked us to obtain personal information from them, eg your mother. We ll use a variety of methods to collect your personal information from, and disclose your personal information to, these persons or organisations, including written forms, telephone calls and via electronic delivery. We may collect and disclose your personal information to these persons and organisations during the information life cycle, regularly, or on an ad hoc basis, depending on the purpose of collection. 8

11 Overseas disclosure Sometimes, we need to provide your personal information to or get personal information about you from persons or organisations located overseas, for the same purposes as in Why do we collect personal information? The complete list of countries is contained in our Group Privacy Policy, which can be accessed at or you can call us for a copy. From time to time, we may need to disclose your personal information to, and collect your personal information from, other countries not on this list. Nevertheless, we will always disclose and collect your personal information in accordance with privacy laws. How to access and correct your personal information or make a complaint You have the right to access and correct your personal information held by us and you can find information about how to do this in the Suncorp Group Privacy Policy. The Policy also includes information about how you can complain about a breach of the Australian Privacy Principles and how we ll deal with such a complaint. You can get a copy of the Suncorp Group Privacy Policy. Please use the contact details in Contact Us. Contact us For more information about our privacy practices including accessing or correcting your personal information, making a complaint, or obtaining a list of overseas countries you can: Visit Speak to us directly by phoning one of our Sales & Service Consultants on: or by us at claims@vero.com.au 9

12 AAI Limited ABN trading as Vero Insurance V /03/14 A