Student Liabiliy Insurance Special Conditions of Insurance Personal Liability Insurance Edition 2010.07 Table of contents Page Common Provisions..... 2 Art. A Legal basis...... 2 Art. B Conclusion of the contract........ 2 Art. C Termination of the contract......... 2 Art. D Premiums..... 2 Art. E Duty of notification and other obligations.... 3 Art. F Compensation and deductible...... 3 Art. G Place of jurisdiction........ 4 Personal Liability Insurance....... 5 Art. H Basic cover..... 5 Art. I Categories of insured persons........ 5 Art. J Insured benefits...... 6 Art. K General........ 7 Appendix Information on data protection...... 9 1
Common Provisions Art. A Legal Basis The legal basis of the personal liability insurance is formed by the agreements set out in the policy, the Swiss Federal Law on Insurance Contracts (LCA), the Swiss Civil Code and the Swiss Code of Obligations. Art. B Conclusion of the contract B.1 Beginning, term and end of the insurance The insurance coverage starts at the day agreed in the insurance policy or the application form. The contract is concluded for a duration of one year. It is tacitly renewed year by year if it is not terminated by one of the parties according to article C. B.2 Duty of notification You are obliged to inform us correctly of any substantial risks of which you are aware or should be aware and about which you were asked in writing. Substantial risks are risks that may influence Swiss Mobiliar Insurance Company Ltd. in its decision whether to conclude the contract at all or whether to conclude it under the agreed conditions. Art. C Termination of the contract C.1 If the duty of notification has been violated (non-disclosure) We can terminate the contract in writing if you infringed your duty of notification by not informing us correctly or not informing us at all of a significant risk. The notice of cancellation becomes effective when you receive it. Our right of cancellation lapses four weeks after we became aware of the violation. Our obligation to pay compensation lapses for damage that occurred previously and the occurrence or extent of which was influenced by the risk about which we were not correctly informed or not informed at all. If we have already paid compensation for such damage, we are entitled to demand reimbursement of the sum remitted. C.2 In the event of a claim Both parties are entitled to terminate the contract after a claim for which compensation is due. We must terminate the contract at the latest when the claim has been settled. Our liability to provide insurance cover lapses 30 days after you receive our notice of cancellation. You must give notice of cancellation at the latest 14 days after you have received notice of our settlement payment. In this case, our liability to provide insurance cover lapses 14 days after we receive your notice of cancellation. C.3 Other reasons for termination We may cancel the contract if the risks increase significantly, an insurance claim is fraudulent or the ban on making changes in the event of a claim has been infringed, an insured event has been caused wilfully, the insured is intentionally over-insured or has taken out duplicate insurance cover. The cancellation becomes effective when you receive notification thereof. Art. D Premiums D.1 Due date and payment of premiums The premium and payment is settled between the insured person and Advisor Swiss Insurance. The premiums have to be paid in advance to Advisor Swiss Insurance. 2
D.2 Premium credit on termination of the contract If the insurance is cancelled for statutory or contractual reasons before the end of the contractual term, the unused premium is generally repaid. No refund is granted by Advisor Swiss Insurance in the following cases : D.2.1 D.2.2 Art. E you terminate the insurance after submitting a claim and the policy has been effective for less than 12 months. insurance abuse or fraud. Duty of notification and other obligations E.1 Increase or change in risk During the term of contract, you must inform us without delay of any significant change in risk of which you are aware or should be aware and about which you were asked in writing before the conclusion of the contract. E.2 Moving house, changing place of residence You must report to Advisor Swiss Insurance within 30 days any change of name and address. The last known address by Advisor Swiss Insurance is legally valid. E.3 Due diligence and prevention of loss and damage Insured persons are obliged to act with care and take adequate measures and precautions in accordance with circumstances to protect insured property and items. E.4 Notification in the event of a claim You are obliged to report any claim without delay to Advisor Swiss Insurance or, if necessary to Swiss Mobiliar Insurance Company Ltd. There you will receive swift and competent assistance. You authorise us, as well as Advisor Swiss Insurance, to acquire all information that serves to determine the cause and extent of loss or damage. E.5 Obligation to minimise loss When loss or damage occurs, you are obliged to do everything in your power to save the insured items and to minimise the loss. It is essential that you : E.5.1 E.5.2 contact Advisor Swiss Insurance for advice and follow his instructions or those of our representatives. change nothing at the place where the loss or damage occurred, unless such changes help minimise the loss or are in the interests of the public. E5.3 This helps us determine the extent of loss or damage and calculate the compensation due. We support you in coping with the loss or damage and finding suitable workmen for repairs and other persons or institutions that could be of assistance. E.6 Costs of loss minimisation We compensate loss minimisation costs within the scope of the sum insured. If the costs and the claim payments together exceed the sum insured, the costs are only compensated if the measures were taken on our instructions. Art. F Compensation and deductible F.1 Calculation We calculate the compensation based on the provisions applicable in accordance with legal requirements. We hereby proceed as follows: F.1.1 F.1.2 First the replacement value or the damage for which compensation has to be paid is calculated. From this sum, a deductible per claim is subtracted as specified in the policy. If the deductibles specified vary, the highest one is applicable. F.1.3 Subsequently the benefit limits are applied. Sentimental value of objects is not taken into account. 3
F.2 Reduction of compensation F.2.1 We are entitled to reduce compensation payments to the extent that occurrence or scope of loss or damage have been influenced by an infringement on your part of contractual or statutory requirements, or if measures called for under the circumstances to protect the insured items or property have not been taken. F.2.2 Art. G However, we will not reduce compensation payments if the infringement of the due diligence or other obligations occurred unintentionally. Place of jurisdiction You may file a suit against Swiss Mobiliar Insurance Company Ltd. in the case of differences of opinion in connection with claims resulting from your insurance at G.1 your place of residence in Switzerland, G.2 Swiss Mobiliar Insurance Company Ltd s domicile in Berne, or G.3 at the location of the insured object provided this is in Switzerland. 4
Personal Liability Insurance Art. H Basic cover H.1 Object of the insurance In accordance with the insured categories outlined below for personal liability insurance, we protect the assets of the insured persons from the financial consequences of statutory liability claims by third parties and assume the costs of fending off insured but unjustified claims. The insurance does not cover claims based on contractually assumed liability that goes beyond the legally stipulated liability and claims for any non-fulfilment of statutory or contractual insurance obligations. Art. I Categories of insured persons We cover the insured person in its private quality and capacity enumerated hereafter : I.1 Private individual and head of family The insurance covers an insured person s statutory liability in connection with their everyday activities in their private life as individual. I.2 Amateur sportsperson The insurance covers an insured person s statutory liability as amateur sportsperson. The insurance does not cover claims arising from injury or damage I.2.1 caused during participation in equestrian events (i.e. horse races, show jumping events, etc.) I.2.2 I.2.3 I.2.4 to the horses, saddles, bridles, sulkies or carriages used caused as a hunter as horse rider I.3 Owner and user of animals The insurance covers an insured person s statutory liability resulting from ownership and use of animals for non-commercial purposes. Other persons, who keep animals belonging to an insured person, provided that the animals are not kept for longer than three months and are not kept for commercial purposes, are also insured. The insurance does not cover claims arising from injury or damage I.3.1 caused by horses participating in equestrian events (i.e. horse races, show jumping events, etc.) I.3.2 to the horses, saddles, bridles, sulkies or carriages used. I.4 Owner and user of bicycles and motorbikes If insurance cover is compulsory by law, we insure only claims relating to that part of the injury or damage that exceeds the limit of liability insured under the compulsory insurance. I.5 Tenant The insurance covers the statutory liability in their capacity as : I.5.1 I.5.2 tenant of self-occupied residential buildings or premises in Switzerland, including claims arising from damage to communal parts of buildings or facilities lodger in hotel rooms, holiday apartments and holiday homes, including mobile homes and unregistered caravans at a permanent location. In these cases, the deductible per event is CHF 500 The insurance does not cover claims for damage that occurs gradually or is due to wear and tear. I.6 Person responsible for objects taken in charge We insure claims arising from damage to objects, including bicycles and motorbikes, rightfully taken in charge by an insured person or entrusted to them, for example lent or rented out. 5
The insurance does not cover damage to I.6.1 objects belonging to an insured person s employer I.6.2 I.6.3 I.6.4 I.6.5 I.6.6 I.6.7 I.6.8 I.6.9 any type of motor vehicle, water vessel and aircraft (excluding parachutes and hang-gliders) for which liability insurance is legally required trailers and caravans drawn by motor vehicles objects used by an insured person for gainful or educational purposes cash, securities, credit and customer cards, valuables and antiquities drafts, manuscripts, documents, technical designs, software and data carriers objects subject to reservation of ownership horses, saddles, bridles, sulkies or carriages household content, including bicycles and motorbikes being the property of persons living in the same room or apartment as the insured person. I.7 Person causing environmental harm The insurance covers statutory liability for injury and damage in connection with environmental harm if the injury and/or damage are the result of a single, unforeseen and suddenly occurring event that requires immediate action, e.g. notifying the authorities, alerting the public, initiating loss prevention or loss minimisation measures. The insurance does not cover costs if several events with the same impact together trigger measures that would not be necessary upon the occurrence of a single event, for instance if noxious substances penetrate the ground occasionally, drop-by-drop, or if liquids from a mobile container are repeatedly spilled. Environmental harm includes lasting impairment of the natural state of air, water (including ground water) and land (fauna or flora) through emission, provided that this impairment may have or did have a damaging effect on human health, property or ecological systems. Environmental harm also includes a state defined by the legislator as environmental damage. The insurance does not cover costs and claims I.7.1 in connection with discovering leaks, malfunctions and causes of damage, emptying and refilling installations, containers and pipes, as well as costs for repairs and alterations thereof I.7.2 I.7.3 Art. J arising from the environmental damage itself or in connection with environmental harm through historic contamination such as contaminated soil, and from sites or facilities for storing, processing or disposing of waste of all kind unless these are privately used compost sites or facilities arising as a result of culpable disregard of legal provisions and regulations issued by authorities Insured benefits The personal liability insurance covers the insured persons for the following injury or damage caused during the term of the contract. J.1 Benefits from the insured categories Our benefits comprise compensation in the case of justified claims and defence against insured but unjustified claims in connection with the insured persons 'statutory liability for : J.1.1 J.1.2 J.1.3 personal damage, i.e. death, injury or other health impairment of a third party property damage, i.e. destruction, damage or loss of third party property animal-related damage, i.e. death, injury or loss of animals belonging to a third party Our benefits are limited to the limit of liability specified in the policy per insured event. The arranged deductible is taken into account in each case. All claims arising from damage with the same cause are deemed to be claims for a single event. The number of injured parties, claimants or beneficiaries is irrelevant. 6
The insurance does not cover claims for loss of assets not due to any insured personal, property or animal-related damage inflicted on or incurred by the claimant, as well as costs or compensation arising from criminal or administrative proceedings. J.1.4 Compensation for loss prevention costs We assume the costs that you are legally obliged to bear for loss prevention in connection with environmental harm, provided that these costs are incurred for appropriate measures to avert the threat, and that the occurrence of an insured event is imminent. The insured costs are limited per insured event to the limit of liability specified in the policy for the personal liability insurance. The arranged deductible is taken into account in each case. The insurance does not cover J.1.5 other costs of preventing damage, in particular costs for remedying or dispelling a hazardous state J.1.6 Art. K damage prevention costs in connection with events caused by motor vehicles, water vessels or aircraft, as well as parts or accessories thereof General K.1 Insured persons The personal liability insurance applies, according to the convention with Advisor Swiss Insurance and only after payment of the corresponding premium, to the following persons: K.2 Single person The insured as a single insured person. Also insured are minors during their holidays, living in a joint household with the insured person. K.3 Scope of insurance K.3.1 Where does the insurance apply The insurance is valid worldwide, for damages caused during the period in which the insured person have their place of residence in Switzerland and have student's status in Switzerland. K.3.2 When does the insurance apply The insurance covers loss or damage caused during the arranged term of the personal liability insurance. K.4 Subsidiary cover If some damages are covered by another insurance policy, then a complementary and subsidiary cover is granted by the present policy within the defined scope of cover. The insurance cover of the other contracts dominates and the indemnities come in deduction of the limit of liability of the present contract. Accordingly, the claims for damages are covered on a subsidiary base to any type of insurance which may be able to apply in place of the present contract, as for example but not limited to: objects insurance, third party liability, accident. K.5 Duty of notification and other obligations K.5.1 Moving house and changing place of residence Changes of address (moving house) in Switzerland, the Principality of Liechtenstein and the enclaves of Büsingen or Campione must be reported to Advisor Swiss Insurance within 30 days. K.5.2 The insurance coverage stops immediately if the place of residence is transferred abroad. Moving abroad must be reported to Advisor Swiss Insurance immediately. You are deemed to have changed your place of residence if you have registered your departure with the authorities concerned or have moved abroad. K.6 General obligation of loss prevention For personal liability insurance, the insured persons are obliged to remedy or dispel a hazardous state that could lead to damage at their own expense and within a reasonable period to time. K.7 Determination of damage The following provisions apply in connection with the determination of damage under the liability insurance : 7
K.7.1 K.7.2 K.7.3 K.7.4 K.7.5 We negotiate with the injured party. In this regard, we represent the insured and our settlement of the injured party s claims is binding on the insured. We are entitled to pay compensation directly to the injured party without subtracting any deductible. In this case, the insured must repay the deductible to us, waiving any objections. The insured are obliged to refrain from conducting any direct negotiations with the injured parties or their representatives about claims for damages, any acceptance of claims, the conclusion of compromises and the payment of damages without our permission. You are not entitled to assign claims under this insurance to injured parties or third parties. The insured must also provide us, promptly and on their own initiative, with all further information about the case and actions undertaken by the injured parties, and with all evidence and documents concerning the matter, and support us to the best of their ability in our handling of the claim. You must let us conduct any civil proceedings if no agreement can be reached with the injured party and legal proceedings have to be initiated. We assume the costs within the terms of the contract, up to the limit of liability. If the insured are awarded compensation in connection with the proceedings, we are entitled to these funds unless they are intended to cover the personal expenses of the insured. K.8 General exclusions The insurance does not cover claims : K.8.1 K.8.2 K.8.3 K.8.4 K.8.5 K.8.6 K.8.7 K.8.8 K.8.9 K.8.10 K.8.11 K.8.12 arising from injury to the person or damage to the property of an insured or a person living in the same household or living in the same room or apartment as the insured person as well as to objects of their property arising in connection with an official or professional activity (excepting insured professional activities of self-employed insured persons) or related to a commercial or agricultural enterprise rising from liability as the owner or user of any kind of motor vehicle, water vessel and aircraft, including parachutes, hang-gliders, delta-gliders and paragliders, for which the law requires liability insurance and/or cover of liability claims, or would require these if the said vehicles, vessels and aircraft were or had to be registered in Switzerland arising from liability as the owner or user of go-carts and pocket bikes arising from kite surfing arising from loss of or damage to data and software that is not the consequence of an insured event arising from liability of the perpetrator for injury or damage caused by an intentional criminal act, offence or act of violence, or any attempt thereof arising from injury or damage that could be expected to occur with a high degree of likelihood, or was taken into account arising in connection with the transfer of infectious human, animal or plant diseases arising in connection with asbestos arising in connection with recourse and compensatory demands from third parties for payments they have made to an injured party as weapon owner. 8
Appendix Information on data protection 1 Preliminary remark The processing of personal data is an indispensable component of the insurance business. We process personal data in compliance with the Swiss Federal Law on Data Protection (DSG), under which data may be processed if the DSG or other legislation makes provision for the processing of data or the person concerned has given his/her consent. 2 Permission clause The application for insurance cover or a quotation contains a permission clause under which you allow us to process your data in accordance with the law. 3 Release from the obligation of confidentiality In order to allow persons who are subject to professional confidentiality to transmit data, these persons must be released from their obligation to maintain confidentiality. The forms for the different insurance lines contain the relevant clause providing release from this obligation. 4 Processing of personal data The following provides information on the basic principles applying to data processing and examples of the use of data: 4.1 Data processing Data processing means all activities involving personal data, irrespective of the means and procedures used, especially when data are obtained, stored, used, altered, disclosed, archived or destroyed. We process the data relevant to the conclusion of agreements and settlement of claims. In the first instance we process the information provided in the application for insurance cover or a quotation and the claims report. If necessary, we obtain additional relevant information from third parties (e.g. previous insurers, doctor) or examine official records. We undertake to treat any information obtained with confidentiality. Our collections of data are kept electronically or on paper and, in compliance with the applicable provisions, are protected against unauthorised access and amendments. 4.2 Data exchange If required, the data is passed on to third parties involved in the matter, in particular co-insurers, re-insurers and other private or social insurance schemes in Switzerland and abroad. Information may also be forwarded to other liable third parties and their liability insurance for the purpose of implementing rights of recourse. To enable us to provide comprehensive insurance cover and the best possible products and to cut costs, our services are sometimes provided by legally independent companies in Switzerland and abroad. These could be group companies or external cooperation partners. We therefore need to be able to forward and process data within the group and to external parties within the limits of the objective of the contractual relationship and in compliance with the law. The Swiss insurance companies have set up a central information system (CIS) to help us combat insurance fraud. The CIS database has been registered with the Federal Commissioner for Data Protection, and entries are made in compliance with the CIS regulations. 4.3 Agents Agents appointed by us are contractually and legally obliged to observe the provisions of the DSG to the same extent as we do. 4.4 Storage Only the data that needs to be kept is stored in accordance with the provisions of the law. 9
4.5 Right to information and correction of data Policyholders and insured are entitled to receive information on their personal data that has been saved or filed. They can also demand that false data be corrected. Joint servives Advisor Swiss Insurance & Swiss Mobiliar Insurance Company Ltd. Advisor Swiss Insurance Avenue de Provence 4 CP 35 CH-1000 Lausanne 20 Switzerland Tél +41 21/620 75 00 Fax +41 21/620 75 01 www.advisor-swiss.com info@advisor-swiss.com 10