commercial vehicle policy ireland

Prestige Underwriting Services(Ireland) Ltd.

Policy DocumentThis document explains the

cover provided by the Commercial

Vehicle Insurance Policy

Underwritten by

Tradewise Insurance Company Ltd.

CommercialVehicle

Ref: 62238 11/08

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Commercial VehiclePolicyIreland

Commercial Vehicle PolicyIreland

Introduction 2

Policy Cover 2

Our insurance contract with you 3 - 4

Definitions 5

Loss or damage 6 - 8

Windscreen 7

Liability to others 9 - 10

No Claim Bonus 11

Foreign use 12

General exceptions 13 - 14

Conditions 15 - 17

Notes for your information 17 - 20

1

Thank you ...

... for placing Your insurance with Tradewise Insurance Company Ltdissued on their behalf by Prestige Underwriting Services (Ireland) Ltd.We have tried to simplify this Policy by using “Plain English”. Wehave also structured it in a way which should make it easy to follow.Please read this Policy carefully in conjunction with your Certificateof Motor Insurance and Schedule. We advise that you keep thesedocuments in a safe place. If any details shown in your Certificate ofMotor Insurance or Schedule are incorrect, please return it to Yourbroker/intermediary, advising them of the changes required.If this cover does not meet your requirements, please return all yourdocuments (including the certificate) within 14 days of receipt. Wewill return any premium paid less a pro rata charge for the number ofdays for which cover has been given. The full annual premium is dueif a total loss claim has been made.

Policy cover

If the cover shown in your schedule is:• comprehensive – all parts of the policy apply;• third party fire and theft – part 1 applies when it relates to loss

or damage resulting from fire or your vehicle being stolen, andparts 2, 3, 4 and 5 apply; or

• third party only – parts 2, 3, 4 and 5 only apply.


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Our insurance contract with you

This policy is a contract between us and you. Nobody else has any rightsthey can enforce under this contract except those they have by law.The proposal and declaration you made form the basis of this policy.We will provide insurance as shown in:• this policy, as amended by the schedule, which shows any changes to

the policy; and• the certificate of motor insurance, which is evidence of the motor

insurance you need by law.The insurance applies throughout the Republic of Ireland, NorthernIreland, Great Britain, The Isle of Man and Channel Islands except wherewe say otherwise.The third EU Non-Life Directive as implemented in the Republic ofIreland by the European Communities (Non-Life Insurance)Frameworks Regulation 1994, requires us to provide you with thefollowing information.

The Law applicable to the ContractUnder the relevant European and Irish legal provisions the parties to theproposed contract of insurance, we Tradewise Insurance Company Ltd.and you, the Proposer, are free to choose the law applicable to thecontract. We propose that Irish law will apply to the contract.The insurer with whom your contract will be conducted is TradewiseInsurance Company Ltd which is regulated by the Financial ServicesCommission in Gibraltar.

Insurance Act 1936All monies which become or may become due and payable by us to youunder this Policy shall in accordance with Section 93 of the InsuranceAct 1936 be payable and paid in the Republic of Ireland.

Finance Act 1990The appropriate stamp duty has been or will be paid in accordance withthe provisions of Section 113 of the Finance Act, 1990.

Signed for and on behalf of Tradewise Insurance Company Ltd.

J. HumphreysManaging DirectorTradewise Insurance Company Ltd is regulated by the Financial ServicesCommission in Gibraltar.


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5

Definitions

Throughout the text certain words have a specific meaning whereverthey appear and these are defined below.you/your:The person(s) named as policyholder in the schedule.we/us/our:Prestige Underwriting Services (Ireland) Limited on behalf of TradewiseInsurance Company Ltd.period of insurance:The period from the effective date in the schedule to the date prior to therenewal date and any further period for which you have paid or agreed topay and we have accepted your premium.Certificate:Aguarantee that a policy of insurance has been issued in accordance withthe terms of the “Road Traffic Acts”the vehicle:Any vehicle described in the schedule and which is identified in theeffective certificate of Insurance.person(s) insuredThe person(s) named in the schedule as being insured.excess:The amount you will be obliged to contribute towards any claim.endorsement:Changes in the terms of your policy. These are shown in your schedule.Road Traffic Acts:The Road Traffic Act 1961 as amended from time to timeSchedule:The schedule is part of this policy and contains details of any vehicleinsured by this policy, the period of insurance and the section(s) of thispolicy which apply

Loss or damage (part 1)

What is insuredYour vehicle if it is damaged, stolen or taken without your permission.Accessories and spare parts fitted to your vehicle if they are damaged,stolen or taken without your permission.We will at our option:• pay for the damage to be repaired; or• repair or replace what is stolen or damaged; or• pay the amount of the loss or damage.If you are registered for VAT you are required to minimise your loss byrecovering VAT on the cost of repairs and replacement goods to theextent allowed by law.If the vehicle is lost or damaged beyond repair and we have agreed to paythe amount of the loss or damage and payment is made to you, thevehicle will become our property.We will not pay more than the market value of your vehicle at the timethe loss or damage happened. This will not be more than the amount youpaid for it. We will not pay any costs which increase the market value ofyour vehicle.When carrying out repairs, our Approved Repairers will be entitled to fitparts made by other manufacturers they recommend for which they or themanufacturers offer a warranty. If we cannot get a replacement part oraccessory, we will pay the manufacturer’s last list price.We will also pay the reasonable cost of taking your vehicle to the nearestrepairer and returning it to your address after the repairs have beencarried out.


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If your vehicle is under a hire-purchase or leasing agreement, we willmake any payment for the total loss of your vehicle to the hire-purchaseor leasing company.If you have comprehensive or Third Party Fire and Theft cover and youclaim for broken glass in your vehicle windscreen or windows orscratched bodywork caused by the broken glass, it will not reduce yourNo Claim Bonus.There will be no limit on payment provided the repair or replacement isarranged by ourApproved WindscreenAgents. Please contact our ClaimsHelpline to obtain details of your nearest Approved WindscreenAgent. Ifany other contractor is used the payment will not exceed g300.If the keys to your vehicle or the lock transmitter are stolen we will payup to a maximum of g350 after deducting any excess under this sectiontowards the cost of replacing:• the door locks and/or boot lock;• ignition/steering lock;• the lock transmitter and central locking interfaceprovided it can be established that the identity of the garaging address ofyour vehicle is known to any persons in receipt of such keys ortransmittersAny cover you have for loss of, or damage to, your vehicle continueswhile the vehicle is being repaired or serviced by a member of the motortrade.

What is not insureda Loss of use, loss of market value for any reason, deterioration or

wear and tear.b Mechanical, electrical, electronic or computer faults, failures,

malfunctions or breakdowns.c Damage to tyres from braking or by road punctures, cuts or bursts.d Loss of or damage to your vehicle as a result of it being stolen or

taken without your permission unless you make a report to theCommercial Vehicle Policy

Ireland7


Garda or Police Station nearest to the location and get a crimereference number.

e Loss of or damage to your vehicle by deception or fraudulent act ofanother person.

f Loss of, or damage to, your vehicle as a result of it being stolen ortaken without your permission at any time if:• the ignition key or any similar device has been left in or about

the vehicle and all doors, windows, and other openings have notbeen closed and locked; or

• any security or tracking device, which you have told us is fittedto your vehicle, has not been set or is not in working order.

g Loss of your vehicle resulting from it being repossessed andreturned to its rightful owner.

h Confiscation or destruction of your vehicle by, or under the orderof, any government or public or local authority.

i More than f750 for permanently-fitted audio, television, video,computer or computer games, telecommunication and navigationalequipment unless it is standard equipment for your vehicle whenbuilt and your policy cover is comprehensive.

j More than f325 for permanently-fitted audio, television, video,computer or computer games, telecommunication and navigationalequipment, if the policy cover is third party fire and theft.

k More than f750 for accessories and spare parts in your privategarage.

l Loss of, or damage to, any trailer or caravan, whether attached to ordetached from your vehicle.

m The first amount you must pay shown under endorsements added tothe schedule.

n Loss or damage arising from the vehicle being filled with thewrong fuel.

o Storage charges unless previously agreed with us.


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Liability to others (part 2)

What is insuredWe will insure you for all amounts you legally have to pay for causingthe death of, or injury to, any person or damage to their property as aresult of an accident caused by any vehicle which your certificate ormotor insurance allows you to drive or use. This includes towing a trailer,caravan or broken-down motor vehicle if your certificate of motorinsurance allows it. This towing must be allowed by law and the vehiclebeing towed must be properly attached to your vehicle.We will provide the same insurance to the following people:• Anyone you allow to drive your vehicle if they are allowed by your

certificate of motor insurance.• The employer of anyone you allow to drive your vehicle if they are

allowed by your certificate of motor insurance.If you ask, we will prove the same insurance to the following people inthe event of an accident:• Anyone you allow to use (but not drive) your vehicle for social,

domestic and pleasure purposes.• Anyone travelling in or getting into or out of your vehicle.We will insure the estate of anyone insured by this policy against anyliability covered by this policy that they may previously have had if theydie.As long as the claim is insured by this policy, we will, with ouragreement, pay for a solicitor or barrister to:• represent anyone insured under this policy at a coroner’s inquest or

fatal accident inquiry:or

• defend anyone insured under this policy in a court.


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Liability to others (part 2)

If there is an accident insured by this policy, we will pay for emergencymedical treatment that must be provided under the Road Traffic Acts.This will not reduce your No Claim Bonus.How to claim – please see the notes for your information onpage 17.

What is not insureda Liability for death of, or injury caused to, any person while they are

working with or for anyone insured by this policy (except as set outin the Road Traffic Acts).

b Anyone who is insured by any other policy.c Liability for loss of, or damage to, property which belongs to, or is in

the charge of, any person who is insured by this policy.d Liability for more than f1,250,000 other than that which is required

by the Road Traffic Acts for causing death or bodily injury.e Liability in connection with loading or unloading your vehicle when

it is not on a public road.f Liability for loss or damage caused in a place where aircraft land,

park or move, including the associated service roads, refuelling areas,and ground equipment parking areas.

g Liability for pollution or contamination unless it is caused by asudden and identifiable event which is accidental and unexpected.

h Liability caused by acts of terrorism including any action taken incontrolling, preventing, suppressing or in any way relating to an actof terrorism unless we have to provide cover under the Road TrafficActs. For the purpose of this exception terrorism means an act and/orthreat of force or violence by any person or group(s) of personswhether acting alone or on behalf of or in connection with anyorganisation whose intention is, for political, religious, ideological orother purposes, to influence any government or to place the public, orany person of the public, in fear.

i Liability for death, injury or damage resulting from using the insuredvehicle or any machinery attached to it as a tool of trade.


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No Claim Bonus (part 3)

If no claim is made under this policy, we will reduce the premium youpay when you renew it according to our current scale of No ClaimBonus. You cannot transfer this bonus to another person.If you have not paid all the premiums you owe, we will not issue proofof your No Claim Bonus.In the event of a claim being made the No Claim Bonus will be steppedback in accordance with the following scale:

Your No Claim Bonus will not be reduced as long as we receive all thatwe have paid from those who are responsible.

No. of years bonusat the start of the

period of insuranceNo of years bonus at the next renewal date following:

1 claim

4 or more 2 years Nil

Nil

Nil

Nil

Nil

Nil

Nil

Nil

3 years 1 year

2 years Nil

1 year Nil

2 claims 3 claims or more


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Foreign use (part 4)

Compulsory CoverThis policy provides the compulsory cover you need by law to use yourvehicle covered in:• Any country which is a member of the European Union• Any country which the Commission of the European Community

approves as meeting the requirements of Article 7 (2) of theEuropean Community Directive on Insurance of Civil Liabilitiesarising from the use of motor vehicles (no72/166/CEE).

See list of Countries on Page 19.

Full Policy CoverYou may ask us to extend the policy to give the cover shown in yourschedule. If we agree to do this, you must give us full details includingwho will drive and what your vehicle will be used for, and pay an extrapremium. This will cover your vehicle while it is in and being transportedbetween any countries shown in the International Motor Insurance Card(Green Card) or the Republic of Ireland.If you cannot drive the vehicle because of loss or damage covered by thispolicy, we will also pay the reasonable cost of delivering it to youraddress in the Republic of Ireland. We will also pay the amount ofcustoms duty you have to pay as a result of the loss or damage.If you need cover for foreign use, please see the notes foryour information on page 18.


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Fire Brigade charges (part 5)

In respect of any event which may be the subject of indemnity under thispolicy the Insurer will also pay all charges levied by a fire authority inaccordance with the provisions of the Fire Services Act 1981 subject toa limit of g385 in respect of any one incident.

General exceptions

1 This policy does not provide insurance when any vehicle covered is:a being driven by, or in the charge of, anyone not covered in your

certificate of motor insurance or schedule;b being used for purposes that are not shown in your certificate of

motor insurance;c being driven with your permission by anyone who you know has

never held a driving licence or who you know is prevented bylaw from holding one; or

d being driven by or in the charge of anyone who does not keep tothe conditions of their driving licence.

e used to carry passengers unless they are being carried in fittedseats which have been permanently and securely installed in theinsured vehicle at the time of the vehicle manufacture.

2 This policy does not insure liability which anyone covered by thispolicy has as a result of an agreement or contract unless they wouldhave had the liability if the agreement or contract did not exist.

3 This policy does not insure any loss or damage caused by war,revolution or any similar event.


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General exceptions

4 This policy does not provide insurance except under part 2 (Liabilityto others) for any accident, injury, loss or damage caused by:a an earthquake; orb riot or civil commotion.

5 This policy does not provide insurance for any loss, damage orliability caused directly or indirectly by:• ionising radiation or contamination by radiation from any

irradiated nuclear fuel or from any nuclear waste from burningnuclear fuel; or

• the radioactive, toxic, explosive or other dangerous properties ofany explosive nuclear equipment or any part of it.

6 We will not insure legal proceedings or court judgements unless theyresult from using your vehicle and the proceedings are bought in acountry which we have agreed this policy will cover.

7 If an accident results in the person driving the vehicle beingconvicted of an offence involving drink or drugs, the cover weprovide for that accident is limited to part 2 liability to others.


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Conditions

1 The insurance described in this policy will apply only if you and anyperson claiming to be covered by this policy have kept to all theconditions and endorsements.

2a You must inform us within 48 hours on 1890 882525 and send us afilled-in report form or report fully to us, quoting your policy number,if there is an event which could lead to a claim being made againstyou or by you under this policy. You must do this even if you do notplan to claim personally under this policy or if damage to your ownvehicle is not covered by this policy. You must also send us any letter,notice, claim form, court proceedings, summons, writ orcommunication connected with any claim arising out of any event.We will contact the people who wrote to you.If you know about any possible future prosecution, inquest or fatalaccident enquiry, you must inform Prestige Underwriting Services(Ireland) Limited immediately.You must not pay or agree to settle any claim without our writtenpermission.

2b We are entitled to:a take over and carry out the defence or settlement of any claim in

your name, or in the name of any other person insured by thispolicy;

b take proceedings in your name, or in the name of any otherperson insured by this policy, to get back any money we havepaid under this policy; and

c any information and help we need from you or any other personinsured by this policy.

3 We or your insurance adviser may cancel this policy by sending youten days’ notice by registered post to your last known address. Youmust then send us or your insurance adviser the Certificate of MotorInsurance and Insurance Disc. When this is received we will refundthe unused part of your premium.


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Conditions

You may cancel this policy by writing to us or your insurance adviserand returning your Certificate of Motor Insurance and InsuranceDisc. If you or others have not made a claim under this policy, wewill refund part of the premium depending on how long thisinsurance has been inforce.

4 If you pay your premium by instalments under our credit agreement,you must pay each instalment when it is due. If you miss aninstalment and do not pay it within the time shown in our letters, youwill have to pay all the money you owe along with any charges. If wedo not receive this payment by the date shown in our letter we willcancel this policy in accordance with condition 3. You must then sendus any Certificate of Motor Insurance and Insurance Disc which arestill inforce. If you or others have not made a claim under the policy,we will refund part of your premium depending on how long thisinsurance has been in force.

5 You and any other person who is covered must do everythingpossible to:a keep your vehicle in an efficient, safe and roadworthy

condition; andb protect it from loss or damage.

6 If a claim is made under this policy and there is another policy thatcovers the claim, we will pay only our share of the claim.

7 If you make or report a claim under this policy which is in any wayfraudulent, you will lose all benefit and the premiums you have paid.You may also have to repay money we have already paid to you.

8 You must allow us to examine your vehicle at any reasonable time.


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Conditions

9 Laws relating to Compulsory Motor InsuranceAny Condition of this Policy and/or of any Endorsement thereon inso far as it is a prohibited condition within the meaning of Part VI ofthe Road Traffic Act 1961 shall not be a condition affecting the rightof any person to recover an amount under or by virtue of theprovisions of Section 76 of the said Act.

10 If more than one company or person is named as the insured in theschedule, the insurance will apply to them together and separately.

Notes for your information(This is not part of your policy)

1 Accidents and lossesYou must report all accidents and losses immediately. Pleasetelephone Claim Line on 1890 882525.Delay can involve us in higher costs which may go against yourdriving record. If the delay is extreme, we may refuse to cover you.If your vehicle is damaged in a way which is insured under thepolicy, ask for details of the nearest recommended repairers so thatyou can get your vehicle back on the road as soon as possible.Please do not admit that any accident was your fault.Please try to get the names and addresses of witnesses.Please take photographs of the accident scene if at all possible.Please send us immediately any letters, summonses, writs or noticesyou receive and so not answer them.


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Notes for your information

2 Changes to the insuranceYou must tell your insurance adviser about the following before youneed cover, and receive a cover note or certificate of motor insuranceand insurance disc.• If the owner of your vehicle changes.• If you replace your vehicle or modify it.• If the drivers or how you use your vehicle change.Please tell your insurance adviser about changes of address oroccupation immediately.You must tell your insurance adviser about the following before thenext renewal date.• Accidents, thefts or losses (whether covered by insurance or not

and regardless of blame) where these have not been previouslyreported to your insurance adviser.

• Motoring convictions (including fixed penalty offences) orprosecutions you expect or outstanding police or Gardaenquiries. Criminal convictions or charges for a criminal offence.Physical or mental impairments.

3 Travel abroadIf you are going abroad, please:• give your insurance adviser 14 days’ notice whenever possible;

and• Check that the countries you are driving in (listed below) are

covered by this policy and that the cover matches that which isshown in your schedule.


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Notes for your informationAs of January 2007European Union CountriesAustria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark,Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia,Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Swedenand United Kingdom.Other countriesCroatia, Iceland, Norway and Switzerland.

4 Enquiries and ComplaintsAny enquiry or complaint should be addressed in the first instanceto your insurance adviser.If you are not happy with the way a complaint has been dealt withyou should contact Prestige Underwriting Services (Ireland) Ltd.192 Whitehall Road, Terenure, Dublin 12Tel: +353 1 4606044 Fax: +353 1 4607049If you are still not satisfied you may ask your insurer to review yourcase without prejudice to your rights in law. The address is:Complaints OfficerTradewise Insurance Company Ltd2nd FloorBlock 8EuroportGibraltarAlternatively you can email direct at [email protected] you remain dissatisfied Prestige Underwriting Services(Ireland) Ltd is a member of the Financial Services Ombudsman’sBureau. In the event of a dispute, you may refer the matter to theBureau at the following address:Financial Services Ombudsman’s Bureau3rd Floor Lincoln HouseLincoln Place,Dublin 2Low Call: 1890 88 20 90Tel: 01 6620899Fax: 01 6620890Email address: [email protected] address: www.financialombudsman.ie


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Notes for your information

In all communications the policy/certificate number appearing onthe schedule should be quoted.Tradewise Insurance Company Ltd is incorporated in Gibraltar andis regulated by the Financial Services Commission.

5 Claims ProcedureClaimsIf you need to make a claim, please telephone us on 1890 882525 orcontact us at Prestige Underwriting Services Ltd.,5th & 6th Floor, Lanyon Building, North Derby Street, Belfast,BT15 3HN.

6 Data Protection ActIt is understood by the Insured that any information provided to usregarding you will be processed by us, in compliance with theprovisions of the Data Protection Act 1998 and 2003, for thepurposes of providing insurance and handling claims, if any, whichmay necessitate providing such information to third parties.In order to prevent and detect fraud we may at any time:• share information about you with other organisations and

public bodies including the Garda and police;• check and/or file your details with fraud prevention agencies

and databases, and if you provide us with false or inaccurateinformation and we suspect fraud, we will record this. We andother organisations may also search these agencies anddatabases to:

• help make decisions about the provision and administration ofinsurance, credit and credit related services for you andmember of your household;

• trace debtors or beneficiaries, recover debt, prevent fraud andto manage your insurance policies;

• check your identity to prevent money laundering, unless youfurnish us with other satisfactory proof of identity;

• undertake credit searches and additional fraud searches.We can supply, on request, further details of the databases weaccess or contribute to.


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