commercial vehicle policy - glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa...

21
Motor Insurance Commercial Vehicle Policy

Upload: others

Post on 01-Oct-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

184

MOT

07/

15 K

D

Allianz p.lc., Allianz House, Elmpark,Merrion Road, Dublin 4.

Telephone: (01) 6133000 Fax: (01) 660 1630Email: [email protected]: www.allianz.ie

Calls may be recorded or monitored for regulatory, training and quality purposes.Allianz p.l.c. is regulated by the Central Bank of Ireland. Registered in Ireland No. 143108DOCUMENTATION

Motor Insurance

CommercialVehicle Policy

Allianz 184 MOT 07-15 KD Cover New 14/12/2015 12:48 Page 1

Page 2: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Contents

Page

2 Introduction

3 Definitions

4-9 Insuring Clauses

10-13 Exclusions

14 Extensions

15-17 Conditions

18-20 Consumer Information

Page 3: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Introduction

The Insured named in the Schedule hereto having by a Proposal and Declaration whichshall be the basis of this Contract applied to Allianz p.l.c. hereinafter called “theCompany” for the insurance hereinafter defined and having paid or agreed to pay thepremium, the Company agrees to provide such insurance subject to the Terms,Definitions, Exclusions, Extensions, Conditions and Endorsements contained herein orendorsed or otherwise expressed hereon. The Period of Insurance shall be asexpressed in the Schedule attached hereto or any subsequent period for which theCompany may accept payment for the renewal of this Policy.

Vehicle Cover

Vehicle Cover is described in the Schedule attached to this Policy and operates asfollows unless otherwise specified by endorsement

Comprehensive All Sections of the Policy applyThird Party, Fire and Theft ......................All Sections of the Policy apply except Section 5Third Party only ..........................All Sections of the Policy apply except Sections 5 and 6Fire and Theft only ..........................................................Only Section 6 of the Policy applies.

Signed for and on behalf of the Company

Aidan Hanratty Member of the Board of Management

Allianz p.l.c.

2

In Your Own Interest

This Policy includes important exclusions and conditions. The Company encourages youto read this Policy carefully and to contact the Company immediately if any clarification isrequired. The appropriate Stamp Duty has been or will be paid to the RevenueCommissioners in accordance with the Stamp Duties Consolidation Act 1999, Schedule 1.

Insurance Act 1936

In accordance with Section 93 of the Insurance Act 1936, it is understood and agreedthat all monies which become or may become due and payable by the Company underthis policy shall be payable and paid in the Republic of Ireland.

Page 4: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

3

Definitions

InsuredThe person, company, firm or other legalentity named as the Insured in theSchedule.

ScheduleSets out details of the Insured and asummary of the cover provided. TheSchedule is part of the Policy.

BusinessThe business of the Insured described inthe Schedule.

VehicleAny Motor Vehicle other than a privatecar or estate car having a dual purposebody described in the Schedule and forwhich a Certificate of Motor Insurancehas been issued.

Insured DriverAny person described in the Scheduleunder the heading “Persons or Classes ofPersons whose Liability is covered” and“Drivers or Classes of Drivers whosedriving is covered”.

TerritoryThe Republic of Ireland, Northern Ireland,Great Britain, the Isle of Man and theChannel Islands.

PassengerAny person while in, mounting into, ordismounting from the Vehicle.

TrailerAny trailer owned by the Insured or forwhich the Insured is responsible while it isattached to or detached from the Vehicle.

Page 5: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

4

Insuring Clauses

Section 1: Liability to ThirdParties

The Company will indemnify the Insured

(a) in respect of events occurring in theTerritory against all sums which theInsured or his personalrepresentative shall become legallyliable to pay to any person by way ofdamages or costs on account ofinjury to person ( including injurycausing death) or damage toproperty caused by or through or inconnection with any Vehicleincluding the loading or unloadingof such Vehicle. Such indemnityinsofar as it relates to damage toproperty shall be limited to the sumstated in the Schedule under theheading “Third Party PropertyDamage Limit” in respect ofdamage occasioned by any one actor any one series of acts collectivelyconstituting one event.

(b) in respect of events caused by orthrough or in connection with anyVehicle including the loading andunloading of such Vehicle or articlesfalling therefrom occurring in anyother country which is a member ofthe EC or which has madearrangements to meet theminimum insurance requirementsset by the EC but such indemnityshall not exceed the minimumindemnity required to comply withthe laws relating to compulsoryinsurance of motor vehicles in suchcountries except that if the

minimum indemnity required bythe laws of the Republic of Ireland ishigher than that of such countriesthen the indemnity provided will bethat required in the Republic ofIreland as if the event giving rise tothe liability had occurred in theRepublic of Ireland.

The Company will pay the Solicitor’sfee incurred with its written consentfor representation at any Coroner’sInquest in respect of any deathwhich may be the subject ofindemnity under this Section or fordefending in any Court of SummaryJurisdiction any proceedings inrespect of any act causing any eventwhich may be the subject ofindemnity under this Section.

Section 2: Third Party WorkingRisk Cover

General Exception (8) is herebyrendered inoperative.

Except so far as is necessary to meet therequirements of road traffic legislationwhilst any Vehicle or any plant formingpart of such Vehicle or attached thereto isbeing operated as a tool

(a) the Company shall be under noliability under Section 1 of this Policyfor injury to person (including injurycausing death) or damage toproperty for or arising out of(i) subsidence, flooding or water

pollution

Page 6: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

5

Commercial Vehicle Policy

Insuring Clauses (continued)

(ii) damage to pipes or cables

(b) the liability of the Company inrespect of injury to person(s)(including injury causing death)and/or damage to property causedby or through or in connection withsuch Vehicle shall not exceed thesum of €6,400,000 in respect ofany one act or any one series of actscollectively constituting one eventprovided that the Limit ofIndemnity applying to this Policy asstated in Section 1 for damage toproperty is not increased hereby.

The Company will in addition pay allcosts and expenses incurred with itswritten consent.

Section 3: Persons or Classes of Persons whose Liability isCovered

In terms of and subject to the limitationsof the indemnity which is granted bySection 1 to the Insured the Companywill indemnify any Insured Driver who isdriving the Vehicle with the Insured'sconsent

Provided that

(a) such Insured Driver is not entitledto indemnity under any other policy

(b) such Insured Driver is not a personin the Motor Trade driving thevehicle for purposes necessitatedby its overhaul upkeep and/orrepair for the Insured

(c) such Insured Driver shall as thoughhe were the Insured observe, fulfiland be subject to the Terms,Exceptions and Conditions of thisPolicy insofar as they can apply

(d) such Insured Driver holds a licenceto drive the Vehicle or having heldsuch a licence is not disqualifiedfrom holding such a licence.

Section 4: PassengerNegligence

The Company will at the request of theInsured indemnify in terms of Section 1of this Policy any Passenger in the Vehicle

Provided that the Passenger

(i) is not driving such Vehicle or incharge of such Vehicle

(ii) is not entitled to indemnity underany other policy

(iii) shall as though he were the Insuredobserve, fulfil and be subject to theTerms, Exceptions and Conditionsof this Policy insofar as they canapply.

Section 5: Loss or Damage

The Company will indemnify theInsured against loss of or damage toany Vehicle and/or its accessories andspare parts while thereon includingdamage by frost and loss or damagewhile in transit by sea (or during theprocess of loading or unloading

Page 7: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

6

Insuring Clauses (continued)

incidental to such transit) between anyports in the Territory. Any paymentunder this Section solely in respect ofaccidental breakage of glass inwindscreen or windows will not result inthe loss of the No Claims Discount.

Section 6: Fire and Theft

The Company will indemnify the Insuredagainst loss of or damage to any Vehicleand/or its accessories or spare partswhilst thereon by fire self-ignitionlightning explosion or by theft or anyattempt thereat in the Territory.

Section 5 & 6: RepairReinstatement or Replacement

The Vehicle is insured for the currentmarket value or the sum insuredwhichever is the lesser at the time of the loss.

In relation to the indemnity provided bySections 5 and 6, the Company may at itsown option repair, reinstate or replacesuch Vehicle or any part thereof and/orits accessories and spare parts or may payin cash the amount of the loss ordamage. If, to the knowledge of theCompany, the Vehicle is the subject of ahire purchase agreement or leasingagreement such payment shall be madeto the owner described therein whoseacceptance shall be a full and finaldischarge to the Company in respect ofsuch loss or damage. If the Company isnot made aware of any hire purchase orleasing agreement in respect of the

Vehicle, payment by the Company to theInsured shall be a good discharge to theCompany of any amount owing to anyhirer or lessor.

If such Vehicle is disabled by reason ofsuch loss or damage the Company willbear the reasonable cost of protectionand removal to the nearest repairers. TheCompany will also pay the reasonablecost of delivery to the Insured after repairof any loss or damage insured under thePolicy not exceeding the reasonable costof transport to the address of the Insuredstated in the Policy.

The Insured may authorise the repair ofsuch Vehicle necessitated by damagecovered by this Policy provided that theestimated cost of such repairs does notexceed €650 and that the Company befurnished forthwith with a detailedestimate of the cost in such form as maybe required.

Section 7: Excesses

The Insured shall be responsible for theamount as stated in the Schedule underthe heading “Excess” in respect of eachand every claim under Section 5 and/orSection 6 of the Policy.

The excess amount stated in theSchedule shall not apply to any claimunder Section 5 of the Policy in respect ofaccidental breakage of glass inwindscreen or windows.

Commercial Vehicle Policy

Page 8: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

7

Insuring Clauses (continued)

Section 8: Indemnity to Hirer

In respect of any Vehicle other than apassenger carrying or goods carryingVehicle the Company will indemnify anyhirer of any such Vehicle against liabilityas defined in this Policy arising inconnection with any such Vehicle whilelet on hire

Provided that

(a) such hirer shall as though he werethe Insured observe, fulfil and besubject to the Terms, Exceptions andConditions of this Policy insofar asthey can apply

(b) such hirer is not entitled toindemnity under any other policy

(c) such Vehicle is not being driven bythe hirer or any person in theemployment of the hirer.

Section 9: Trailers

The indemnity granted by Section 1 ofthis Policy other than in respect of claimsby Passengers shall extend to operate inrespect of any Trailer whilst

(i) attached to any Vehicle (ii) temporarily detached during

the course of a journey fromany Vehicle

(iii) detached from any Vehicleprovided that details of suchTrailer have been notified tothe Company.

Section 10: Legal Charges

The Company will at the request of theInsured arrange and pay for legalservices for defence in the event ofproceedings being taken under sub-Section 2(a) of Section 53 of the RoadTraffic Act l96l for dangerous drivingcausing death or serious bodily harm inrespect of any injury to person whichmay be the subject of indemnity underSection 1 of this Policy

Provided that

(i) the Insured shall be responsible for any costs and/or expenses inexcess of €1,275 incurred inrespect of such legal services

(ii) this extension of cover shall notapply if the person driving is agedunder 23 years

(iii) no indemnity shall be granted ifarising out of the event which gaverise to the proceedings the Insuredhas been convicted (or aprosecution is pending) under anyroad traffic legislation relating tothe level, concentration or quantityof alcohol or drugs in the body

(iv) the Company may at any timerelieve itself of any further liabilityor obligation in respect of such legalservices upon paying the Insuredsuch sum of €1,275 less theexpenses incurred by the Companyto date of payment.

Commercial Vehicle Policy

Page 9: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

8

Insuring Clauses (continued)

Section 11: EmergencyTreatment

The Company will indemnify any personusing the Vehicle in connection withwhich indemnity is provided under thePolicy, against liability for emergencytreatment or medical or hospitalexpenses as required by road trafficlegislation in connection with injuriescaused by or arising out of the use ofsuch Vehicle in any territory to which anyof such legislation applies.

Section 12: Medical Expenses

If the Insured or the Insured Driver orany Passenger of any Vehicle shall indirect connection with such Vehicle inthe Territory, sustain any bodily injury byviolent, accidental external and visiblemeans the Company will pay to theInsured the medical expenses inconnection with such injury up to the sum of €130 in respect of eachperson injured.

Section 13: Joint InsuredIndemnity

For the purpose of this Policy each of theparties comprising the Insured shall beconsidered a separate and distinct unitand the words "the Insured" shall beconsidered as applying to each party inthe same manner as if a separate Policyhad been issued to each of the saidparties and the Company hereby agreesto waive all rights of subrogation oraction which the Company may have oracquire against either of the aforesaidparties arising out of an accident inrespect of which a claim is madehereunder. Notwithstanding theinclusion herein of more than oneInsured the total liability of the Companyin respect of damage to property inrespect of any or all Insureds shall notexceed the Limits of Indemnity as statedin this Policy.

Page 10: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

9

Commercial Vehicle Policy

Insuring Clauses (continued)

Section 14: No Claim Discount

(a) Non-Protected No Claim DiscountIf the Policy (or vehicle) is earningthree years or less No ClaimDiscount, in the event of a claim(s),the discount will be reduced to Nil.

(b) Step Back No Claim Discount Provided the Policy is earning fouror more years No Claim Discountand when Protected No ClaimDiscount applies as ‘No’ in theSchedule, one claim costing orestimated to cost not more than€10,000 in any one renewal periodof insurance, will result in thediscount scale being stepped backas per Table below.

Claim value No Claim range Discount step-

back in years

One claim up to Step-back by €10,000 two years (two

scale points)

One or more than Step-back to one claim €10,001 Nil or greater

(c) Protected No Claim Discount Provided the Policy (or vehicle) isearning four or more years NoClaim Discount and whenProtected No Claim Discountapplies as 'Yes' in the Schedule,claims will impact on the discountscale as per Table below.

Number of claims No Claim in any three year Discountrenewal period impact in years

One or two No impact onclaims (amount the Discountunlimited) Scale

Three claims Step-back by(amount unlimited) two years

(two scale points)

More than three Step-back to claims Nil

If this option is specified as 'Yes' in theSchedule, option b) is inoperative

Should the Company consent to thetransfer of interest, the period for whichthe Policy is in the transferor's name,shall not accrue to the benefit of thetransferee.

Section 15: Application of Limitsof Indemnity

In the event of any accident involvingindemnity to more than one person anylimitation by the Terms of this Policyand/or of any Endorsement thereon ofthe amount of any indemnity shall applyto the aggregate amount of indemnityto all persons indemnified and suchindemnity shall apply in priority to the Insured.

Page 11: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

10

Exclusions

Except so far as is necessary to meet therequirements of road traffic legislation:

Exceptions To Section 1

The Company shall not be liable inrespect of

(a) injury to person (including injurycausing death) to

(i) any Passenger unless that partof the Vehicle in which suchPassenger is beingaccommodated is designedand constructed with fixed orfolding seats permanently andsecurely installed in or on theVehicle

(ii) any person driving the Vehicleor in charge of the Vehicle forthe purpose of driving

(iii) any person in the employmentof the Insured where suchpersonal injury arises out of andin the course of suchemployment

(b) injury to person (including injurycausing death) or damage toproperty occasioned

(i) beyond the limits of anycarriageway or thoroughfareon which compulsoryinsurance is not required underroad traffic legislation inconnection with the bringing ofa load to the Vehicle for loadingthereon or the taking away of aload from the Vehicle afterunloading therefrom

(ii) whilst the Vehicle is drawing atrailer other than onesuperimposed trailer being partof an articulated Vehicle

(c) damage to property owned by or inthe possession, custody or control ofthe Insured or in, on or beingconveyed by the Vehicle.

Exceptions To Section 4

The Company shall not be liable inrespect of

(a) personal injury (including personalinjury causing death) to the Insuredor any person driving the Vehicle orin charge of the Vehicle for thepurpose of driving or any person inthe employment of the Passenger orin the employment of the employerof the Passenger where suchpersonal injury arises out of and inthe course of such employment

(b) damage to property owned by or inthe possession, custody or control ofthe Insured or of the Passenger or in,on or being conveyed by the Vehicle.

Exceptions To Sections 5 & 6

The Company shall not be liable to payfor: -

(i) loss of use, depreciation wear andtear electronic failures mechanicalor electrical breakdown failure orbreakages

Page 12: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

11

Commercial Vehicle Policy

Exclusions (continued)

(ii) damage to tyres by application ofbrakes or by road punctures, cuts or bursts

(iii) damage as defined in Sections 5and/or 6 whilst any Vehicle is beingdriven by any person(a) who is under 23 years of age or (b) who is not the holder of a

current full driving licence

(iv) loss or damage as defined in Section5 and/or Section 6 in respect of anyevent occurring outside theTerritory.

General Exceptions of the Policy

Except so far as is necessary to meet therequirements of road traffic legislation

The Company shall not be liable

(1) to indemnify the Insured in respectof any award made as a result oflegal proceedings issued in anycountry which is not a member ofthe EC or which has not madearrangements to meet theminimum insurance requirementsset by the EC.

(2) in respect of any liability (in excessof the common law or statutoryliability applicable to the case)undertaken by the Insured by special contract.

(3) in respect of any loss, damage liabilityand/or injury arising out of any eventoccurring while any Vehicle(a) is being driven by or in the

charge of any person otherthan an Insured Driver or

(b) is being used other than withinthe Limitations as to Usecontained in such Schedule.

(4) except under Section 1 in respect ofany loss, damage and/or injury dueto or in consequence of Earthquake.

(5) in respect of

(a) loss or destruction of ordamage to any propertywhatsoever or any loss orexpense whatsoever resultingor arising therefrom or anyconsequential loss

(b) any legal liability of whatsoevernature

directly or indirectly caused by orcontributed to by or arising from:

(i) ionising radiations orcontamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel

(ii) the radioactive toxic explosiveor other hazardous propertiesof any explosive nuclearassembly or nuclearcomponent thereof.

Page 13: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

12

Exclusions (continued)

(6) in respect of any loss damageliability cost or expense ofwhatsoever nature directly orindirectly caused by resulting fromor in connection with any of thefollowing regardless of any othercause or event contributingconcurrently or in any othersequence to the loss

(i) war invasion acts of foreignenemies hostilities or warlikeoperations (whether war bedeclared or not) civil warrebellion revolutioninsurrection civil commotionassuming the proportions of oramounting to an uprisingmilitary or usurped power

(ii) any Act of Terrorism.An Act of Terrorism means anact including but not limited tothe use of force or violenceand/or the threat thereof of anyperson or group(s) of personswhether acting alone or onbehalf of or in connection withany organisation(s) orgovernment(s) committed forpolitical religious ideological orsimilar purposes including theintention to influence anygovernment and/or to put thepublic or any section of thepublic in fear.

This exclusion applies to liabilityloss damage cost or expense ofwhatsoever nature directly orindirectly caused by resultingfrom or in connection with anyaction taken in controlling

preventing suppressing or inany way relating to (i) and/or(ii) above.

If the Company allege that byreason of this exclusion any lossdamage liability cost orexpense is not covered by thisinsurance the burden ofproving the contrary shall beupon the Insured.

In the event any portion of thisexclusion is found to be invalidor unenforceable theremainder shall remain in fullforce and effect.

(7) in respect of loss damage liabilitycost or expense of whatsoevernature directly or indirectlycaused by resulting from or inconnection with

(i) the loss of alteration of or damage to

(ii) a reduction in thefunctionality availability or operation of

a computer system hardwareprogramme software datainformation repositorymicrochip integrated circuit orsimilar device in computerequipment or non-computerequipment that results from themalicious or negligent transfer(electronic or otherwise) of acomputer programme thatcontains any malicious ordamaging code including but

Page 14: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

13

Commercial Vehicle Policy

Exclusions (continued)

not limited to computer virusworm logic bomb or trojanhorse.

(8) in respect of liability incurred by theInsured arising out of the operationas a tool of any Vehicle or of plantforming any part of such Vehicle orattached thereto.

(9) in respect of loss destruction ordamage directly occasioned bypressure waves caused by aircraft orother aerial devices travelling atsonic or supersonic speeds.

(10) in respect of damage to any road orto anything in or below the surfaceof a road due to the weight of orvibration caused by any Vehicle.

Page 15: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Extensions

Notwithstanding anything contained inGeneral Exception (2) to the contrary theCompany will indemnify in terms ofSection 1 of the Policy any PublicAuthority Company Firm Corporate Bodyor Person (hereinafter called thePrincipal) for whom the Insured hascontracted to execute work or services

Provided that

(a) the Insured shall have arranged with the Principal for the conductand control of all claims for whichthe Company may be liable by virtueof this extension to be vested in the Company

(b) the Principal is not entitled toindemnity under any other policy

(c) the Company shall not be liable byvirtue of this extension in respect of(i) liability or any sum in excess of

the amount thereof whichattaches to the Principal byvirtue of an agreement andwhich liability or excess sumwould not have attached in theabsence of such an agreement

(ii) liability which arises other thanby reason of the negligence ofthe Insured or an employee ofthe Insured

(d) the Principal shall as though it or hewere the Insured observe fulfil andbe subject to all the termsexceptions and conditions of this Policy.

14

Page 16: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Conditions

Any condition of this Policy and/or of anyEndorsement thereon insofar as it is aprohibited condition within the meaningof Part VI of the Road Traffic Act l96l shallnot be a condition affecting the right ofany person to recover an amount underor by virtue of the provisions of Section76 of the said Act.

1: The Insured shall give notice inwriting to the Company as soon aspracticable after the occurrence ofany event in consequence of whichthe Company may become liableunder this Policy with full particularsthereof. Every letter claim writsummons and/or process shall benotified or forwarded to theCompany immediately on receipt.Notice shall also be given in writingto the Company immediately theInsured shall have knowledge of anyimpending prosecution or inquest inconnection with any such event.

2: No admission offer promisepayment or indemnity shall bemade or given by or on behalf of theInsured or any person indemnifiedby this Policy without the writtenconsent of the Company which shallbe entitled if it so desires to take overand conduct in the name of theInsured or such indemnified personthe defence or settlement of anyclaim or to prosecute in the name ofthe Insured or such indemnifiedperson for its own benefit any claimfor indemnity or damages orotherwise and shall have fulldiscretion in the conduct of any

proceedings or in the settlement ofany claim and the Insured or suchindemnified person shall give allsuch information and assistance asthe Company may require.

3: If at the time any claim arises underthis Policy there is any other existinginsurance covering the same lossdamage or liability the Companyshall not be liable under this Policyto pay or contribute more than itsrateable proportion of any lossdamage costs and/or expenses.Provided always that nothing in thiscondition shall impose on theCompany any liability from whichbut for this condition it would havebeen relieved under Proviso (a) ofSection 3 and Proviso (ii) of Section4 or the terms of any endorsementattached to this Policy.

4: The Insured shall take all reasonablesteps to safeguard from loss ordamage and maintain in efficientcondition any Vehicle and theCompany shall have at all times freeaccess to examine such Vehicle.

5: If any difference shall arise underthis Policy such difference shall bereferred to an Arbitrator to beappointed by the parties or failingagreement by the President for thetime being of the Incorporated LawSociety of Ireland. Where anydifference is by this condition to bereferred to arbitration the making ofan award shall be a conditionprecedent to any right of action

15

Page 17: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Conditions (continued)

against the Insurer. Claims notreferred to arbitration within 12calendar months from the date ofdisclaimer of liability shall bedeemed to have been abandoned.

6: The due observance and fulfilmentof the terms, provisions andconditions of this Policy and/or ofany Endorsement thereon insofar asthey relate to anything to be done orcomplied with by the Insured or anyperson indemnified by this Policyand the truth of the statements andanswers in the Proposal for theinsurance provided for by this Policyshall be conditions precedent to anyliability of the Company to make anypayments under this Policy.

7: The Insured shall repay to theCompany all sums paid by theCompany in respect of any claimunder this Policy which theCompany would not have beenliable to pay but for the provisions ofthe Motor Insurers' Bureau of Irelandor any similar internationalagreement or the law of anyterritory in which the Policy operatesrelating to the insurance of liabilityto Third Parties and all expensesincurred by the Company inconnection with any such payment.

8: (a) This Policy may be cancelled at any time by the Company giving 7 days notice by Registered Post to the Insured at the Insured’slast known address. In suchevent the Insured shall become

entitled to a return of theproportionate part of thepremium in respect of theunexpired portion of the Periodof Insurance subject to theCompany’s right to retain theamount specified in the Policyand Schedule or otherwiseadvised to the Insured as aminimum premium.

(b) If the Company has agreed toaccept payment of premium forthis Policy by instalments then inthe event of any non-payment ofany instalment on or before thedue date the Company maycancel this Policy by giving 7 daysnotice by Registered Post to theInsured at the Insured’s lastknown address. Following expiryof such notice this Policy shall beautomatically cancelled and theCompany shall be entitled topayment of the premiumproportionate to the Period of Insurance.

9: The expression "the Insured" and“person indemnified by this Policy”shall for the purposes of theseconditions and so far as the contextpermits be deemed to include areference to the Insured's or suchperson’s personal representatives.

10: This Policy shall be voidable in theevent of misrepresentation,misdescription or non-disclosure inany material particular.

16

Page 18: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Conditions (continued)

11: If at any time or from time to timeany material change shall occur inany of the facts existing at the dateof the Proposal for the insuranceprovided for by this Policy theInsured shall give immediate noticethereof in writing to the Companyand shall pay such additionalpremium as the Company mayrequire. Further, the Policy may bevoided in respect of any risk or itemthereof in regard to which there beany alteration after thecommencement of this Insuranceunless such alteration be admittedby memorandum signed by or onbehalf of the Company.

12: The laws of Ireland shall govern thisPolicy and the Irish courts shall haveexclusive jurisdiction to hear anyproceedings taken in respect of this Policy.

17

Page 19: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Consumer Information

Your insurerThe underwriter of your insurance isAllianz p.l.c., having its registered officeat Allianz House, Elmpark, Merrion Road,Dublin 4, companies registration officeno 143108. Vat no IE0646922D. Ourcontact details are: telephone: +353 1 6133000 fax: +353 1 6134444 and email: [email protected]

Regulatory StatusAllianz p.l.c. is regulated by the CentralBank of Ireland.

Main business Allianz p.l.c. is a non-life insuranceundertaking which underwritespersonal, commercial, education,religious and social insurance products.

How we chargeThe charge for our services is thepremium (including applicablegovernment levies and/or premiumtaxes).

DefaultNon-payment of your premium or partthereof or breach by you of certainconditions of your policy may lead toyour policy being revoked or cancelled.

Language Your policy and all communications withyou or by you to us will be in English.

Compensation Please note that in the event of Allianzbeing unable to pay a claim, you may beentitled to compensation from theInsurance Compensation Fund in Ireland.

Right of withdrawalYou have the right to withdraw from thispolicy, provided you have not made atotal loss claim, within 14 days of thelatest of:

(1) the starting date of cover, or (2) the date on which you receive

the full terms and conditions of your Policy.

Withdrawal effectively means that nopolicy was ever in place, and you mayexercise this right by notice in writing tous at the address given above, quotingyour policy number. Should you exercisethis right we will refund you any part ofyour premium you have paid less anadministration fee. If the cover is motorinsurance, the premium cannot berefunded until the Allianz Certificate ofMotor Insurance and Insurance Dischave been returned to Allianz. Pleasenote that the right of withdrawal doesnot apply if the insurance policy underwhich insurance cover is provided is forless than 1 month.

Governing law The laws of Ireland will apply to yourpolicy and the Irish courts will havejurisdiction to hear any dispute.

18

Page 20: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

Commercial Vehicle Policy

Consumer Information

Policy Alteration, Additional and Return Premiums When you make an alteration to your policywe will re-calculate your premium, whichmay result in an additional premium due tous, or a return premium due to you. If thealteration to the policy results in anadditional premium due to us, or a refunddue to you we will only charge or refundsuch premium provided this amount isgreater than or equal to €25 plus applicableGovernment Levy.

Alteration to terms and conditionsIn the event of a claim we may advise you,at the time of your next renewal, of alteredpolicy terms and conditions which increaseyour premium and/or excess, and/orreduce cover.

Complaints We aim to deliver the very highest standardsof customer care. If you have any enquiry orcomplaint, please contact, with yourpolicy/quote number and details:

Head of Customer Focus, Allianz p.lc.,Allianz House, Elmpark, Merrion Road, Dublin 4. Tel: +353 1 6133000Fax: +353 1 6134444Email: [email protected]

If your complaint is not resolved to yoursatisfaction and you remain dissatisfied withour final response to your complaint youcan refer your complaint to:

(1) The Financial Services Ombudsman Bureau, 3rd Floor, Lincoln House,Lincoln Place, Dublin 2.Locall: 1890-882090Tel: +353 1 6620899Fax: +353 1 6620890 Email:[email protected] Website: www.financialombudsman.ie

and/or(2) Insurance Information Services

– Irish Insurance Federation, 39 Molesworth Street, Dublin 2.Tel: +353 1 6761914Fax: +353 1 6761943Email: [email protected] Website: www.iif.ie

The Financial Services Ombudsman willexamine complaints from all customers,except limited companies with turnover of€3 million and above.

19

Page 21: Commercial Vehicle Policy - Glennon · f o rinju yt pe s ( cl d g c ausi gd eth) or m r oe ty fa isng u (i) subsidence, flooding or water pollution. 5 Commercial Vehicle Policy Insuring

184

MOT

07/

15 K

D

Allianz p.lc., Allianz House, Elmpark,Merrion Road, Dublin 4.

Telephone: (01) 6133000 Fax: (01) 660 1630Email: [email protected]: www.allianz.ie

Calls may be recorded or monitored for regulatory, training and quality purposes.Allianz p.l.c. is regulated by the Central Bank of Ireland. Registered in Ireland No. 143108DOCUMENTATION

Motor Insurance

CommercialVehicle Policy

Allianz 184 MOT 07-15 KD Cover New 14/12/2015 12:48 Page 1