Motor Vehicle Insurance for Alphabet Nederland B.V.

Transcription

1 Allianz Nederland Verkeer- en Privéverzekeringen Motor Vehicle Insurance for Alphabet Nederland B.V. Insurance terms and conditions AN 01

2 Contents General terms and conditions Article 1 Definitions 3 Article 2 Field of application 3 Article 3 Joint exclusions 3 Article 4 Obligations in the event of damage and lapse of rights 4 Article 5 Fraud 4 Article 6 Change of premium and/or conditions 4 Article 7 Start and end of the insurance 5 Article 8 Precedence provision 5 Article 9 Applicable law, complaints and disputes 5 Article 10 Protection of privacy 5 Special conditions for liability insurance Article 1 Nature of the cover 6 Article 2 Maximum amounts to be reimbursed 6 Article 3 Exclusions 6 Article 4 Adjustment 7 Article 5 Insurer s right of recovery 7 Special conditions for non-life insurance for passengers Article 1 Definitions 8 Article 2 Cover and maximum amounts to be reimbursed 8 Article 3 Damage appraisal and adjustment 8 Article 4 Exclusions 9 Special conditions for accident insurance for passengers Article 1 Definitions 10 Article 2 Cover and maximum amounts to be reimbursed 10 Article 3 Beneficiaries 10 Article 4 Obligations in the event of an accident 10 Article 5 Exclusions 11 Article 6 Benefits on decease 11 Article 7 Benefits in the event of permanent disability 11 2

3 Basis of the insurance This insurance meets the uncertainty requirement referred to in Article 7:925 of the Dutch Civil Code, if and to the extent that the damage for which compensation is claimed is the result of an incident regarding which it was uncertain for the parties when the insurance was contracted that damage had occurred for the insured or that it would still arise in the normal course of events. The cover referred to in the Special Conditions applies only if these are contracted as supplementary cover. The contract between the insured and Alphabet Nederland B.V. makes this clear. General Terms and Conditions Article 1 Definitions For the purposes of these insurance terms and conditions, the terms below are defined as follows: 1.1 Insurer Allianz Benelux N.V., trading under the name Allianz Nederland Schadeverzekering, having its registered office in Brussels, Belgium and its principal place of business in Rotterdam, the Netherlands. 1.2 Policyholder Alphabet Nederland B.V., with its registered office and principal place of business in Breda, the Netherlands. 1.3 Insureds the owner, the possessor, the holder and the driver of the motor vehicle and the persons carried in the motor vehicle with the consent of a person authorised to grant this who: - are present in or on the area of the motor vehicle intended for that purpose; - enter or leave the motor vehicle, or mount or dismount from the motor vehicle. 1.4 Motor vehicle this concerns the motor vehicle or the temporary replacement vehicle for which the insurance is contracted. Article 2 Field of Application The insurance applies for incidents in the countries listed on the international insurance certificate (green card) accompanying this insurance policy and for incidents that take place during carriage of the motor vehicle between those countries, unless the country has been crossed out on the green card. Article 3 Joint exclusions The following exclusions apply for all Special Conditions, to the extent that these conditions do not explicitly derogate from this. The insurance provides no cover if: 3.1 No authorisation to drive the driver of the motor vehicle: - does not hold a valid driving licence prescribed by law for the motor vehicle, or - is not authorised to drive the motor vehicle due to a disqualification or court order. 3.2 Intent or recklessness an insured or a person with an interest in the benefit caused the damage deliberately or through recklessness. 3

4 3.3 Sub-leasing, other purposes, etc. the motor vehicle is used for: - sub-leasing, which refers to the provision of a motor vehicle by a lessee to third parties for payment, with the exception of car sharing; - transportation of a person for payment, unless the transportation does not take place on an occupational or commercial basis and the payment solely involves a contribution for the costs. 3.4 Races etc. the motor vehicle is used to take part in: - a race; - a skill or regularity contest or a drive that does not take place entirely within the Netherlands. 3.5 War risk the damage caused by or arising from an armed conflict, civil war, rebellion, domestic unrest, rioting or mutiny. The definitions of war risk have been filed by the Association of Insurers in the Netherlands with the registry of the District Court of The Hague. 3.6 Nuclear reactions the damage is caused by, arises during or results from nuclear reactions, regardless of how these occurred. The exclusions referred to in Articles 3.1 to 3.4 do not apply for an insured who shows that the relevant circumstances arose without his knowledge or against his will and that no blame can reasonably be attributed to him in that regard. Article 4 Obligations in the event of damage and lapse of rights As soon as the insured or the person entitled to benefits is aware, or should have been aware of an incident that could lead to an obligation for the insurer to pay compensation, he is required to: 4.1 Damage reporting obligation notify the insurer of that incident as soon as reasonably possible; in the event of theft, break-in or attempted break-in, fraud, embezzlement of or joyriding with the insured motor vehicle, to also report this to the police or the justice department. The insurer has the right to report the details of the stolen motor vehicle to the Missing Objects Register for the purpose of recovering the motor vehicle. 4.2 Damage information obligation to provide the insurer, within a reasonable term, with all information and documents that are important for the insurer in order to appraise its compensation obligation. 4.3 Cooperation obligation to provide his full cooperation and to refrain from everything that could be detrimental to the interests of the insurer. 4.4 Lapse of rights no rights can be derived from this insurance in the event of noncompliance with one or more of the aforementioned obligations in a case of damage, thereby harming the interests of the insurer; in any event, every right pursuant to this insurance lapses in the event of non-compliance with one or more of the aforementioned obligations in case of damage with the intention to mislead the insurer, unless such misleading does not warrant the lapse of the right to benefits. Article 5 Fraud The insurer accepts no form of fraud whatsoever and makes efforts to prevent and control fraud. In the event of fraud, the insurer shall take the following action: - The insurer shall not pay any compensation for damage. - The insurer shall reclaim any compensation for damage and/or costs already paid out as a result of the fraud. - The insurer shall report the fraud to the police. - In order to manage risks and prevent fraud, the insurer will register the fraud and the person who committed it in various databanks, such as the incident records, the incident register and the Central Information System (CIS) of the Association of Insurers. More information on this is available at Article 6 Change of premium and/or conditions If the insurer alters the premium and/or the conditions, it may propose that this insurance will also be adjusted to the altered premium and/ or conditions from the first (main) premium due date following their introduction. The insurer will make this proposal to the policyholder before that premium due date. The policyholder may reject the change within 30 days of the premium due date, unless: - the change in the premium and/or the conditions arises from statutory regulations or provisions; - the change involves a reduction in the premium with unchanged cover; - the change involves an expansion of the cover without an increase in the premium. If the policy-holder does not accept the proposed change, the insurance is terminated on the premium due date or, in the event of rejection within 30 days of the premium due date, on the date of the rejection. Article 7 Start and end of the insurance 7.1 Notice of cancellation from the policyholder to the insurer The policyholder may cancel the insurance, in writing: from the expiration date agreed between the policyholder and the insurer; by rejecting the premium and/or conditions altered in compliance with Article Notice of cancellation from the insurer to the policyholder The insurer may cancel the insurance, in writing: from the expiration date agreed between the insurer and the policyholder; 4

5 7.2.2 if, in relation to an incident, the insured has intentionally presented matters incorrectly, with due observance of a notice period; In this case, the insurance ends on the date fixed by agreement between the insurer and the policyholder; after the discovery that the insured has failed to comply with the reporting obligation on contracting the insurance and: - the insured acted in this case with the intent to mislead the insurer, and/or - the insurer would not have contracted the insurance had it been aware of the actual situation In this case, the insurance ends on the date fixed by agreement between the insurer and the policyholder. 7.3 Without cancellation The insurance is terminated automatically Following sale or transfer of ownership As soon as the policyholder ceases to have an interest in the motor vehicle and also loses actual power over it In the event of the relocation of the motor vehicle to another country, as from the next annual (main) premium due date If the motor vehicle is normally parked abroad, the policyholder must notify the insurer of this as soon as possible, and in any event within 14 days. The insurance will remain in effect within the field of application until the next annual (main) premium due date. Article 10 Protection of privacy The insurer will record and process the personal data provided on the application for insurance. The insurer uses these data for the acceptance and execution of this contract, for statistical analyses, to prevent and control fraud and in order to comply with statutory obligations. These records are subject to privacy regulations and to the Processing of personal data by financial institutions code of conduct. This code of conduct presents the rights and obligations of parties to the processing of these data. The full text of the code of conduct can be requested from the Association of Insurers, PO Box 93450, 2509 AL The Hague. Article 8 Precedence provision If conflicts occur between the provisions of the general terms and conditions and the special conditions, the special conditions take precedence over the general terms and conditions. Article 9 Applicable law, complaints and disputes 9.1 Applicable law This insurance contract is governed by Dutch law. 9.2 Complaints Complaints concerning the mediation, realisation and implementation of this insurance contract should in the first instance be submitted to the management of the insurer, in writing If the management of the insurer does not handle the complaint satisfactorily, the policyholder may contact: Stichting Klachteninstituut Financiële Dienstverlening PO Box AG The Hague. 9.3 Disputes All disputes arising from this insurance contract are subject to the decision of the competent court in Rotterdam or Amsterdam. 5

6 Special conditions for liability insurance The liability insurance is deemed to comply with the requirements of or pursuant to the Motor Insurance Liability Act (hereinafter referred to as the WAM ). Article 1 Nature of the cover 1.1 In general This cover applies per incident with a maximum insured sum of for damage to property and for personal injury. The insurance contract covers the liability of the following insureds: the policyholder; the owner, the possessor, the holder and the driver of the motor vehicle and the persons carried in the motor vehicle; the employer of the persons referred to in and 1.1.2, if it is liable for the damage caused by one of them pursuant to Article 6: 170 of the Dutch Civil Code; for personal injury and damage to property caused with or by: - the motor vehicle; - the trailer or another object that forms part of the motor vehicle according to the WAM. Liability due to damage caused with or by that trailer or that object, while it did not form part of the motor vehicle according to the WAM is also covered, to the extent that this is not covered by any other insurance policy; - another motor vehicle that was towed by the motor vehicle as a friendly service, to the extent that such damage is not covered by any other insurance policy; - an object that is located in or on, or that falls out of or has fallen out of or from the motor vehicle or that formed part of it according to the WAM. Liability for damage caused during loading and unloading of goods onto, into, from or out of the motor vehicle is covered, unless another insurance policy provides cover for this, or would provide cover if this cover had not existed. 1.2 Damage to another motor vehicle of the insured The insurance contract also provides cover for damage caused with or by the motor vehicle to other motor vehicles or trailers of which the policyholder, driver or lessee is the owner, possessor or holder. This cover does not apply if: - the damage is not caused through the fault of the driver of the motor vehicle causing the damage; - that other motor vehicle or that trailer formed part of the motor vehicle according to the WAM; - the damage arises from the inability to use that other motor vehicle or that trailer, or to do so properly, or comprises a reduction in the sale value, despite repair of that motor vehicle or that trailer. Article 2 Maximum amounts to be reimbursed For each incident, the insurer will compensate all insureds combined not only for the different types of damage according to the amounts referred to in Article 1.1, but also, if necessary: 2.1 Higher amount prescribed by law if the incident took place in a country within the field of application, in which a higher amount is prescribed pursuant to a law equivalent to the WAM, the difference between this higher amount and the amount shown for this in Article 1.1, in compliance with the provisions of that law. 2.2 Costs of legal aid the costs of litigation conducted with the approval of or required by the insurer and legal aid provided on its instructions. 2.3 Interest at the statutory rate interest at the statutory rate on the part of the principal covered by the insurance policy. 2.4 Provision of surety up to a maximum of per incident, the financial security (caution) that a government requires in relation to the claims covered by this insurance policy as surety for the rights of the victims. The insureds must authorise the insurer to dispose of the surety as soon as this is released, and must provide full assistance in realising its repayment. Article 3 Exclusions In addition to the exclusions referred to in Article 3 of the General Terms and Conditions, the insurance also does not provide cover if: 3.1 Unauthorised driver or passenger damage is caused by a person who is in or on the motor vehicle without the consent of a person authorised to grant this. 3.2 Alcohol etc. the damage occurred while the driver of the motor vehicle was under the influence of alcoholic drink or any intoxicating substance or stimulant, such that he was or would have been forbidden to drive the motor vehicle by law or by the government. The insurance contract also provides no cover if the driver refused to cooperate in a breath test, urine test or blood test. 3.3 Personal injury this concerns personal injury to the driver of the motor vehicle. 3.4 Damage to property under supervision this concerns damage to: - the motor vehicle itself, including what forms part of it according to the WAM; - objects located in or on, or that fall out of or from or have fallen out of or from the motor vehicle, unless those objects form part of the private household of the persons carried in the motor vehicle, with the exception of the driver, or - moveable and immoveable goods of which the insured is the owner, lessee or holder, including the damage arising from this. 6

7 3.5 Clauses that increase liability the claims arising from a penalty clause, damage compensation clause, guarantee clause or indemnification clause or other similar clause, unless and to the extent that liability would also have existed without such a clause. The exclusions referred to in Articles 3.1 to 3.2 do not apply for an insured who shows that the relevant circumstances arose without his knowledge or against his will and that no blame can reasonably be attributed to him in that regard. Article 4 Adjustment The insurer shall adjust and appraise the damage. The insurer may pay compensation for damage directly to those entitled to benefits and reach out-of-court settlements with them. The insurer shall take account of the interests of the insured and/or the policyholder here. If the compensation consists of regular payments and the combined total of those payments, together with any other compensation amounts to more than the insured sum, the insurer shall reduce the duration or the amount of those benefits proportionately, in consultation with the policyholder. Article 5 Insurer s right of recovery To the extent that an insured is not entitled to cover pursuant to this insurance contract or a statutory provision, but the insurer nevertheless owes compensation for damage pursuant to the WAM or an equivalent foreign law, the insurer has the right to recover the compensation paid, including the costs, from: - the insured who is liable to the beneficiary or from - the policyholder, unless the final paragraph of Article 3 of the General Terms and Conditions applies to it. Any adjustment agreements concluded between insurers shall not be taken into account in relation to the right of recovery. The insurer waives its right of recovery from the policyholder if the damage is caused after the end of the insurance by a party other than the policyholder. 7

8 Special conditions for non-life insurance for passengers The General Motor Vehicle Insurance Terms and Conditions for Alphabet Nederland B.V. also apply to the Special conditions for non-life insurance for passengers, except in the event of derogation from these. This cover applies only if it is contracted as supplementary cover. The contract between the insured and Alphabet Nederland B.V. makes this clear. Article 1 Definitions For the purposes of these insurance terms and conditions, the terms below are defined as follows: 1.1 Insureds the driver and the passengers who, with the consent of a person authorised to grant this: - are present in or on the area of the motor vehicle intended for that purpose; - enter or leave the motor vehicle, or mount or dismount from the motor vehicle; - make an emergency repair to that motor vehicle during the journey, or are present when this takes place, or who perform other actions for or checks of that motor vehicle, or who provide first aid outside that motor vehicle following a traffic accident. 1.2 Motor vehicle this concerns the motor vehicle for which the insurance is contracted. 1.3 Traffic accident an accident, even if this is caused by the nature or a defect of the motor vehicle with which the insured motor vehicle is involved, through collision, driving into or over, overturning, fire, lightning strikes, running off the road or into water or by another external disaster in which sudden, unexpected external violence to the body of the insured occurs, causing medically determinable injury which leads to decease or otherwise. 1.4 Damage to property damage to or destruction of property forming part of the private household of the insured. 1.5 Personal injury pecuniary or other loss arising from an injury suffered by an insured directly involved in the traffic accident. 1.6 Pecuniary loss Pecuniary loss comprises both losses suffered and loss of profits. Pecuniary loss qualifying for compensation includes: a. reasonable costs for the prevention or limitation of damage; b. reasonable costs for the appraisal of the damage; c. reasonable costs for obtaining out-of-court settlement. 1.7 Other losses (Non-economic damage) Compensation for pain and emotional damage suffered and still to be suffered. 1.8 Mortality damage Loss of financial support and funeral arrangements. Article 2 Cover and maximum amounts to be reimbursed 2.1 General If an insured suffers a traffic accident, the insurer will pay compensation for the damage resulting from that accident for all insureds combined, to a maximum insured sum of per incident. 2.2 Rightful claimants Claims against this insurance policy may be made only by injured natural persons directly involved in the traffic accident or their surviving relations. 2.3 Liability insurance If a claim can be made for compensation under the Special conditions for liability insurance, compensation for the damage shall be made only pursuant to those conditions. Article 3 Damage appraisal and adjustment 3.1 Damage in the event of personal injury In the event of injury to persons, the scale of the compensation and of those entitled to compensation shall be appraised in observance of the Articles of Book 6 of the Dutch Civil Code. 3.2 Damage on decease If an insured dies as a result of a traffic accident, compensation will be paid for the damage due to the loss of maintenance: a. to the spouse who was not separated from the deceased, the registered partner and the minor children of the deceased, at least to the amount of the maintenance due to them by law; b. to other relations by blood or affinity of the deceased, provided that the deceased provided fully or partially for their maintenance at the time of decease or was required to do so pursuant to a court order; c. to those who already lived with the deceased in a family setting prior to the incident on which the liability is based and for whose maintenance he provided, fully or to a large extent, to the extent that it can reasonably be assumed that this would have been continued without the decease and they cannot reasonably provide adequately for their maintenance; d. to the person who lived with the deceased in a family setting and for whose maintenance the deceased contributed by doing the joint housekeeping, to the extent that this person suffers damage because provision must be made for such housekeeping by other means after the decease. In addition, the costs of the funeral arrangements will be reimbursed to the person to whom they are charged, to the extent that they are consistent with the circumstances of the deceased. 8

9 3.3 Damage to property In the event of damage to property, the appraisal of the amount of the compensation will take place on the basis of the repair costs, to a maximum of the difference in the value of the property immediately before and after the damage. If the repair costs exceed this difference or the property cannot be repaired, the insurer will reimburse the value of the property immediately prior to the traffic accident, less the value of the residues. 3.4 Exceeding insured amounts If more than one person can derive rights from this insurance and their total damages exceed the insured sum, this will be divided in proportion to their damages. If the compensation for damage consists of regular payments and the value of this, taking account of any other compensation, exceeds the insured sum, the duration or the amount of those benefits will be reduced proportionately. If the damage exceeds the insured sum and a third party holds civil liability, the claim of the insured(s) in respect of the excess against the liable party shall take precedence over the insurer s recourse action. 3.5 Safety belts If personal injury occurred while the insured, in contravention of the statutory requirements, was not wearing a seat belt, the compensation for injury or decease will be reduced by 25%, unless it is shown that the failure to wear a seat belt had no influence on the scale of the damage. 3.6 Other insurance and provisions If the insured is fully or partially entitled to compensation pursuant to another insurance policy (not including insurance of any liable third party) or to payments or benefits on other grounds, no claim may be made against this insurance policy for those amounts. Compensation on the grounds of passenger accident insurance is excepted from this. Article 4 Exclusions Without prejudice to the exclusions referred to in Article 3 of the General Terms and Conditions, the insurance contract also provides no cover: 4.1 Alcohol etc. if the traffic accident is caused while the driver of the motor vehicle was under the influence of alcoholic drink or any intoxicating substance or stimulant, such that he was or would have been forbidden to drive the motor vehicle by law or by the government. The insurance contract also provides no cover if the driver refused to cooperate in a breath test, urine test or blood test. This exclusion does not apply for an insured who shows that the relevant circumstance arose without his knowledge or against his will and that no blame can reasonably be attributed to him in that regard. 4.2 Motor vehicles, cash etc. for the damage to the motor vehicle, trailer or caravan and their accessories, or for the loss of cash, including cheques, bank cards, chip cards, credit cards and other valuable paper. 9

10 Special conditions for accident insurance for passengers The General Motor Vehicle Insurance Terms and Conditions for Alphabet Nederland B.V. also apply to the Special conditions for accident insurance for passengers, except in the event of derogation from these. This cover applies only if it is contracted as supplementary cover. The contract between the insured and Alphabet Nederland B.V. makes this clear. Article 2 Cover and maximum amounts to be reimbursed The insurance contract covers the insureds against the consequences of a traffic accident. The insurer will pay a maximum of the amounts applicable for this for each insured. The contract between the insured and Alphabet Nederland B.V. makes clear which amounts apply. However, if the insured is aged over 72 at the time of the accident, a maximum of will be paid out on decease. Article 1 Definitions For the purposes of these insurance terms and conditions, the terms below are defined as follows: 1.1 Insureds the driver and the passengers who, with the consent of a person authorised to grant this: - are present in or on the area of the motor vehicle intended for that purpose; - enter or leave the motor vehicle, or mount or dismount from the motor vehicle; - make an emergency repair to the motor vehicle during the journey, or are present when this takes place, or who perform other actions for or checks of that motor vehicle, or who provide first aid outside that vehicle following a traffic accident. 1.2 Motor vehicle this concerns the motor vehicle for which the insurance is contracted. 1.3 Traffic accident an accident, even if this is caused by the nature or a defect of the motor vehicle with which the insured motor vehicle is involved, through collision, driving into or over, overturning, fire, lightning strikes, running off the road or into water or by another external disaster in which sudden, unexpected external violence to the body of the insured occurs, causing medically determinable injury which leads to decease or otherwise. 1.4 Broadening of the definition of the term traffic accident In these insurance terms and conditions, traffic accident also refers to: drowning, choking, burns, sunburn, heat stroke, penetration of caustic substances, freezing, lightning strikes or other electrical discharges; spraining, wrenching, dislocating and tearing of muscle and ligament tissues; acute poisoning by gas, fumes or substances; contamination through ingestion of pathogens as a result of involuntary contact with water or other substances; wound infection or blood poisoning; injury, decease or harm to health caused deliberately by another party against the will of the insured; deprivation suffered by the insured as a result of involuntary separation from the outside world; complications and deterioration arising during the provision of first aid or treatment prescribed by a physician. If the insured is aged less than 15 at the time of the accident, a maximum of will be paid out on decease. If the number of passengers at the time of the accident exceeds the legally permitted number of seats for that motor vehicle, the insured sums per insured seat are deemed to be reduced in proportion to that number of seats in relation to that number of passengers. Article 3 Beneficiaries Unless otherwise agreed, the benefits will be paid: 3.1 in relation to death benefits: - to the insured s spouse or registered partner; in the absence thereof; - to the insured s children, in equal shares; in the absence thereof: - to the insured s joint heirs; 3.2 in relation to benefits on the grounds of permanent disability and medical expenses: to the insured. Article 4 Obligations in the event of an accident 4.1 In general By way of derogation from the provisions of Article 4 of the General Terms and Conditions, in the event of an accident the insured, and in the cases referred to in and below also the policyholder, must: Written notification notify the insurer in writing of all relevant facts at the earliest opportunity. If the accident could lead to permanent disability, the notification period is set at a maximum of three months, on the understanding that following the expiration of this term, the insured retains his right to benefits if it is shown, to the satisfaction of the insurer, that the disability is solely the result of the accident. All rights to benefits for permanent disability lapse, however, if the notification takes place more than five years after the accident; Place himself in the care of a physician place himself in the care of a physician at the earliest opportunity, follow that physician s instructions and do everything possible to promote his recovery; Provide full cooperation provide his full cooperation to the insurer and to refrain from everything that could be detrimental to the interests of the insurer; 10

11 4.2 On decease On the decease of the insured, those who claim benefits must notify the insurer of the decease at least 48 hours before the funeral or cremation. All rights to benefits lapse if this term is exceeded. Those who claim benefits must also grant their permission for and cooperate in all measures that the insurer considers necessary in order to determine the cause of death. Article 5 Exclusions Without prejudice to the exclusions referred to in Article 3 of the General Terms and Conditions, the insurance contract also provides no cover if: 5.1 Existing illnesses etc. the accident is caused by an existing illness, condition of ill-health, disorder or defect of the insured, except to the extent that this condition is the result of a previous accident that the insured suffered during the term of validity of this insurance contract. If this condition only increases the consequences of an accident, no more will be paid out than would have been the case if that accident had been suffered by a normal person. 5.2 Alcohol etc. the traffic accident is caused while the driver of the motor vehicle was under the influence of alcoholic drinks or any intoxicating substance or stimulant, such that he was or would have been forbidden to drive the motor vehicle by law or by the government. The insurance contract also provides no cover if the driver refused to cooperate in a breath test, urine test or blood test. This exclusion does not apply for an insured who shows that the relevant circumstance arose without his knowledge or against his will and that no blame can reasonably be attributed to him in that regard. 5.3 Unauthorised driver the accident is caused while the driver was in or on the motor vehicle without the consent of a person authorised to grant this. 5.4 Non-compliance with obligations the policyholder, the insured or a person who claims benefits has not complied with one of the obligations referred to in Article 4 and has consequently harmed the interests of the insurer. The insurer s interests are in any event deemed to have been harmed if the insurer is not notified of the decease of the insured at least 48 hours before the funeral or cremation. Article 6 Benefits on decease 6.1 On decease, the entire amount shown for this is paid out. 6.2 Benefits for permanent disability paid prior to the decease in relation to the same accident shall be deducted from the death benefit, to a maximum of the amount of that benefit. Article 7 Benefits in the event of permanent disability 7.1 The following will be paid out in the event of permanent disability: - if this is full disability, the entire amount shown for this. Full disability is deemed to include full and incurable paralysis, incurable mental illness and full, incurable loss of sight in both eyes; - if this is partial disability, part of the amount shown for this, in accordance with the following percentages: With full loss, or full loss of the function of: - arm, up to the shoulder joint 75% - arm, up to or above the elbow joint 70% - hand up to or above the wrist joint 60% - thumb 25% - index finger 15% - middle finger 12% - ring finger or little finger 10% - leg up to the hip joint 75% - leg up to or above the knee joint 65% - foot up to or above the ankle joint 50% - big toe 8% - one of the other toes 4% - an eye 30% - the other eye, if benefits have already been 70% paid under this policy for an eye - the other eye, if loss of an eye already existed 30% without payment - hearing in both ears 60% - hearing in one ear 25% With partial loss or partial loss of function in the above cases: a proportionate share of these percentages, with the percentage loss (of function) being determined in accordance with the latest edition of the Guides to the Evaluation of Permanent Impairment of the American Medical Association (A.M.A.) and the appropriate medical guidelines. With full loss, or full loss of the function of the fingers on one hand, no more is paid out than for the loss or full loss of the function of that entire hand with whiplash: with a cervical acceleration trauma (whiplash), including all complaints and symptoms arising from or relating to this, the benefit percentage is equal to the degree of functional disability, to a maximum of 7%. 11

12 7.1.4 in other cases: in all other cases not mentioned in Article 7.1, the benefit percentage will be equal to the percentage of functional disability in accordance with the latest edition of the Guides to the Evaluation of Permanent Impairment of the American Medical Association (A.M.A.) and the appropriate medical guidelines. 7.2 Other provisions relating to benefits for permanent disability If an existing permanent disability is increased by an accident, the benefits will be proportionately reduced Benefits for permanent disability caused by one or more accidents occurring during the term of the insurance contract shall in no case exceed the amount shown for this The percentage of permanent disability will be determined as soon as it can reasonably be assumed that the insured s condition as a result of the accident is virtually unchangeable and will not result in decease, but no more than three years after the accident. No benefits are payable for permanent disability if the insured dies within one year of the accident; however, benefits already paid will not be reclaimed. In the event of decease, other than as a result of the accident, more than one year after the accident, the insurer will pay the amount that it would reasonably have paid if the insured had not died The insurer will pay interest on the amount payable at the statutory rate, with a minimum of 6% per year, from the date one year after the accident until the date of payment. 12 Allianz Nederland Schadeverzekering is een onderdeel van Allianz Benelux N.V. Coolsingel 139, Postbus 64, 3000 AB Rotterdam Tel , Fax , AFM nummer , inschrijfnummer KvK