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Home Policy Booklet
INSURANCE CONTRACT
Your Insurance policy is a
contract between you (the insured) and us, C.G.I. Consumers' Guarantee
Insurance Company Ltd. The extent of
cover provided under this policy is specified in the schedule.
Your contract with us is made up of:
- Your proposal form
- The Policy Wording section of this booklet
- Your current Policy Schedule
- Any endorsements that we issue.
Together, these documents set out the terms and conditions of this policy.
Your current Policy Schedule is the newest schedule we give you. We
will give you a current Policy Schedule after you have paid your premium and we
agree to cover you, or if any of the terms and conditions that apply to your
policy are changed. You should
carefully check the details contained in your current Policy Schedule because
these details are the terms and conditions that are specific to your policy.
The details on the current Policy Schedule, along with the
Policy Wording and any endorsements, are the terms and conditions that will
apply if you have to make a claim.
Please keep your current Policy Schedule with this booklet.
Paying your premium
You may pay your premium by cash or cheque. However, if you use a cheque
which is dishonoured by your bank, this policy will not operate at all. This
means you will not be covered in the event of a claim.
How you must co-operate
In the event of a claim, any benefits which this policy gives you will depend on your giving us any
information and help we require. This includes giving us further written statements and any documents
we consider relevant. We may also require you to attend Court to give evidence.
You must help us even if we have
paid your claim. We may attempt to recover
the amount of your payment from the party who caused you to suffer loss or
damage. We will do this in your name.
Signed for C.G.I. Consumers' Guarantee Insurance Company Ltd.
Bruce Bayley
Managing Director
Authorised Underwriter
Policy No.
Insured
DEFINITIONS
Because some words have special
meaning in this policy, they are explained below.
Accident includes a series
of accidents arising out of the one event.
Accidental damage is
damage caused by violent and external means.
Buildings mean the home,
landlord's fixtures and fittings, terraces, patios, tennis courts, swimming
pools, septic tanks, water tanks on the buildings, solar heaters, drains and sewage
systems but not including sea walls and sea defenses or satellite antennae
equipment all at the premises shown in the current schedule.
Contents means household
goods, personal effects, tenant's fixtures including interior decorations and
valuables including money all belonging to you or a member of your household or
for which you are legally responsible.
Custody means control or
possession of something.
Electronic Equipment means
musical instruments, radios, televisions, other audio or video equipment and
personal computers.
Excess is the amount you
would normally pay when you make a claim on this policy.
Fees means architects,
surveyors, consulting engineers and other professional fees which you have to
pay in connection with repairing or reinstating the buildings but excluding
costs which you have to pay to prepare a claim or those which you incur without
our permission.
Fixed Structures means
walls, gates, fences, gazebos sea walls and sea defenses and the like all
detached from the main building. All at
the premises shown on the current schedule.
Geographical area is the
territory (Island) stated in the schedule.
Home is a private
dwelling, garage and outbuildings used for domestic purposes only, all at the
address shown in the schedule.
Household means you, your
family and domestic staff permanently living with you.
Incident includes a series
of incidents arising out of the one event.
Injury is bodily injury
(including death) caused solely by an accident and not by sickness, disease or
gradual physical or mental wear and tear.
Local Authority Requirements
means the additional costs you have to pay to repair the damage to comply with
any Government or local authority requirements or regulations.
Malicious damage is damage
done to your property by someone else with intent and without your consent.
Money means cash, cheques,
postal orders, bankers drafts, travel tickets, traveller’s cheques, premium
bonds all held for social or domestic purposes.
Movable Structures means awning,
blinds, masts, signs, towers, satellite dishes, television and radio antennae
and all other items that can be detached from the buildings.
Personal Effects are
articles normally worn used or carried about the person in everyday life.
Principal means a person
with whom you have an express agreement to act as an agent.
Removal of Debris means
any amount we agree to pay for removing debris, demolishing, propping or
shoring up parts of the buildings which have been damaged by an insured peril.
Unoccupied means not lived
in by any member of your household or by any other person with your permission.
Valuables means jewellery,
precious metals, watches, works of art or other specified items.
We/Us means C.G.I.
Consumers' Guarantee Insurance Company Ltd.
You means the person or
persons named as the insured in the current Policy Schedule. If more than one person is named as the
insured in the current Policy Schedule, we will treat a statement, act,
omission or claim of any one of those persons as a statement, act, omission or
claim by all those persons
SECTION I
BUILDINGS
The Buildings are insured
against loss or damage by the perils listed below as specified on your current
schedule.
Fire
Only Cover
What is insured
1.
Fire, lightning, explosion, thunderbolt, subterranean fire.
What is not insured
Smoke damage caused by:
·
agricultural or industrial operations;
·
any gradually operating cause.
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days.
Fire & Limited Perils Cover
What is insured
In addition to the cover provided by Fire Only cover the
following perils are also covered:
2.
Burglary, housebreaking, theft or attempted all accompanied by
forcible entry into the premises.
3.
Riot, strike, civil commotion, civil labour or political
disturbances.
4.
Malicious Damage
5.
Escape of water or oil from any washing machine, dishwasher, refrigerator,
freezer or domestic water or heating installation, aquariums or water beds.
What is not insured
·
Damage caused after the home is left unfurnished or
unoccupied for more than 40 consecutive days.
·
Theft perpetrated by or involving any member of your
household.
·
Damage caused by someone lawfully on the premises
·
Damage caused after the home is left unfurnished or
unoccupied for more than 40 consecutive days.
·
Damage caused
immediately following repairs or maintenance of the equipment
·
Damage caused after
the home is left unfurnished or unoccupied for more than 40 consecutive days.
6.
Collision or impact with the buildings, by aircraft,
other aerial devices, road vehicles, and articles falling from them, or by
animals not owned by you or under your control.
·
Damage caused by you
or any member of your household
·
Damage caused by
insects, birds, or domestic pets
Comprehensive
Cover
What is insured
In addition to the cover
provided by Fire & Limited Perils Cover the following perils are also
included:
7.
Earthquake, seaquake and volcanic eruption.
8.
Hurricane, windstorm, cyclone, tornado, rainstorm
and tidal wave.
9.
Flood.
10.
Burglary, housebreaking, theft or attempted theft
and larceny.
11.
Subsidence or ground heave of the site on which the
buildings stand or landslip.
What is not insured
·
Loss or damage to
fences, gates, awnings, blinds, signs, external television and radio antennae,
aerials, aerial fittings masts and towers.
·
Loss or damage arising
from overflow of the sea unless caused by earthquake, volcanic eruption,
hurricane, windstorm, cyclone, tornado or rainstorm.
·
Loss or damage to
fences, gates and hedges.
·
Damage while any part
of the home is lent, let or sub-let, unless entry to or exit from the home is
made using violence and force.
·
Damage caused after
the home is left unfurnished or unoccupied for more than 40 consecutive days.
·
Theft perpetrated by
or involving any member of your household or your domestic employees.
·
Damage caused by coastal
or riverbank erosion, faulty workmanship or design or the use of faulty
materials.
12.
Falling trees or branches
13.
Falling aerials, aerial fittings or masts.
14.
Accidental breakage of fixed glass in windows, doors
and roofs and fixed sanitary ware in the home.
15.
Accidental damage to cables, underground pipes and
underground tanks servicing the home.
16.
Any amounts which you, as owner of the home become
legally liable to pay as compensation for an accident occurring during the
period of insurance which causes bodily injury
·
Damage to walls,
gates, fences, hedges, terraces, patios, drives, paths, swimming pools tennis
courts, septic tanks, sewage systems, drains and awnings unless the home is
damaged at the same time.
·
Damage resulting from
the movement of solid floor slabs unless the walls are damaged at the same
time.
·
Damage to the
buildings or any part of them arising from construction, structural alteration,
or repair or demolition.
·
Settlement of the
buildings or subsidence of made-up ground.
·
The cost of removing
the trees or branches
·
Damage caused by the
felling or lopping of trees
·
Damage to gates,
fences and hedges
·
Damage arising from
the erection, dismantling, repair or maintenance of such apparatus.
·
Damage caused after
the home is left unfurnished or unoccupied for more than 40 consecutive days or
while the buildings are lent, let or sub-let.
·
Damage which you are
not legally responsible to repair.
·
Loss or damage caused after
the home is left unfurnished or unoccupied for more than 40 consecutive days.
·
Liability arising
directly or indirectly from:
-
an agreement which
imposes a liability which you would not otherwise be under:
-
the occupation of the
home;
to a
person or damage to property.
-
any trade, profession
or business;
The
most we will pay for any one claim or claims arising from one event is $250,000
plus costs agreed by us in writing.
Subject
to jurisdiction within the geographical area.
17.
If you are selling the home we will insure the buyer
up to the date the contract is completed unless he has arranged his own
insurance. The buyer must keep to the
terms and conditions of the policy.
18.
If the home is made uninhabitable by any peril
insured by this section, we will pay:
·
for rent you would
have received and rent which continues to be payable by you
·
the reasonable extra
cost of comparable alternative accommodation if you occupy the home.
but only
during the period necessary to reinstate the home to a habitable
condition. The work of reinstatement or
repair must be done without delay. The
most we will pay is the amount shown on your current schedule.
·
liability for bodily
injury to a member of your household or to a
·
Liability for bodily
injury to a member of your household or t a person under a contract of service
or apprenticeship with you or a member of your household.
·
Damage caused by roots
of trees extending outside the boundary of the home
·
Judgements which are
not in the first instance delivered by or obtained from a court of competent
jurisdiction within the geographical area.
Liability which is insured
under any other policy of insurance.
SETTLING
CLAIMS
We will pay the full cost of
repair or reinstatement as new of the damaged part of the buildings provided
the work is done without delay or at our option we will arrange for the work to
be carried out. However, we will take
off an amount for wear and tear if the buildings are in a poor state of repair
or decoration.
We will not pay for the cost of
replacement of, or work on, any undamaged items or remaining parts of the
buildings which form part of a set, suite, group or collection of articles of a
similar nature, colour, pattern or design when the damage is restricted to a
clearly identifiable area or to a specific part and replacement parts cannot be
matched.
If repair or replacement is not
carried out within twelve months we will pay the reduction in market value
resulting from the damage but only up to what it would have cost to rebuild or
repair if such work had been carried out without delay.
The most we will pay under
paragraphs 1 to 12, including the additional costs below, is the sum insured by
this section less the applicable policy excess.
We will automatically reinstate
the sum insured from the date of payment of any claim and bill you the
appropriate extra premium unless we have given you written notice to the
contrary before payment.
Additional Costs
We will pay the necessary and
reasonable expenses that you incur in reinstating the buildings following
damage insured under this section, namely:
·
fees to architects, surveyors, consulting engineers and
others;
·
the cost of clearing the site and making it and the
home safe;
·
the cost of complying with any government or local
authority requirement following damage unless you were given notice of the
requirement before the damage.
We will not pay:
·
fees for preparing a claim under this section;
·
costs in respect of undamaged parts of the
buildings(except the foundations of the damaged parts).
Underinsurance
This occurs when the sum insured is less than the current
cost of rebuilding your home. In this
instance, we will pay only a proportion of the cost of rebuilding or repairing
your home up to a maximum of the sum insured.
In this section, the cost of rebuilding your home is the cost at the
time of loss or damage.
We will work out the proportion
in this way:
Sum Insured The
Amount of The
Amount payable
Current cost X loss or damage style='mso-tab-count:
1'> = by
us.
of rebuilding to
your home
your home
We will not apply this formula if the cost of repairing
your home is less than 5% of the sum insured and the loss or damage did not
arise as a result of a peril listed in paragraphs 7, 8 & 9 in this section.
SECTION II
CONTENTS
The Contents are insured
against loss or damage by the perils listed below as specified on your current
schedule, while they are in your home or its domestic outbuildings and garages.
Fire
Only Cover
What is insured
1.
Fire, lightning, explosion, thunderbolt, subterranean fire.
What is not insured
Smoke damage caused by:
·
agricultural or industrial operations;
·
any gradual operating caused
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days.
Fire
& Limited Perils Cover
What is insured
In addition to the cover provided by Fire Only Cover the
following perils are also covered:
2.
Burglary, housebreaking, theft or attempted theft all
accompanied by forcible entry into the premises
3.
Riot, strike, civil commotion, civil labour or political
disturbances.
4.
Malicious Damage
What is not insured
>·
Damage caused after the home is left unfurnished or
unoccupied for more than 40 consecutive days.
>·
Theft perpetrated by or involving any member of your
household
>·
Loss or damage caused by someone lawfully on the
premises
>·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days.
5.
Escape of water or oil from any washing machine, dishwasher,
refrigerator, freezer or fixed domestic water or heating installation, aquariums
or water beds.
6.
Collision or impact with the buildings by aircraft, other
aerial devices, road vehicles and articles falling from them, or by animals not
owned by you or under your control.
·
Damage caused immediately following repairs or maintenance
of the equipment.
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days.
·
Loss or damage caused by you or any member of your
household.
·
Damage caused by insects, birds or domestic pets.
Comprehensive Cover
What is insured
In addition to the cover provided by Fire & Limited
Perils Cover the following perils are also included:
7.
Earthquake, and volcanic eruption.
8.
Hurricane, windstorm, cyclone, tornado and rainstorm.
9.
Flood or overflow of the sea.
10.
Burglary, housebreaking, theft or attempted theft and larceny.
11.
Subsidence or ground heave of the site on which the buildings
stand or landslip.
What is not insured
·
Loss or damage while any part of the home is lent, let
or sub-let, unless entry to or exit from the home is made using violence and
force.
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days.
·
Theft perpetrated by or involving any member of your
household.
·
Damage caused by coastal or riverbank erosion, faulty
workmanship or design or the use of faulty materials.
12.
Falling trees or branches
13.
Falling aerials, aerial fittings or masts.
14.
Accidental breakage while in the home to mirrors, plate glass
tops to furniture, fixed glass in furniture and ceramic hobs.
15.
Accidental damage while in the home to televisions, radios and
video recorders. The most we will pay
for unspecified articles is $1,000 per item or $2,500 in total.
16.
The contents are insured while in the open within the
boundaries of the land belonging to the home against loss or damage caused by
perils detailed in this section. The
most we will pay is $1,000 for any claim.
·
Damage resulting from the movement of solid floor slabs
unless the walls are damaged at the same time.
Damage to the buildings or any part of them arising from construction,
structural alteration, or repair or demolition.
·
Settlement of the buildings or subsidence of made-up
ground.
·
The cost of removing the trees or branches.
·
Damage caused by the felling or lopping of trees.
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days or while the
buildings are lent, let or sub-let.
·
Items over five years old.
·
Damage caused by wear and tear or gradual
deterioration, insects, vermin, corrosion, rot, mildew, fungus, atmospheric
conditions, the action of light, any process of heating, drying, cleaning,
dyeing, alteration or repair, misuse, faulty workmanship or design, the use of
faulty materials or breakdown.
·
Damage to records, discs, tapes or cassettes
·
Damage while any part of the home is lent, let or sub-let.
·
Loss or damage by theft excluding pool, garden and
patio furniture.
·
Loss or damage to electronic equipment.
17.
The contents are insured within the geographical area while
temporarily removed from the home against loss or damage caused by:
(a) the perils insured under this
section excluding paragraph 2
other than theft which is defined
below.
(b) Theft or attempted theft from;
·
a bank or safe deposit or while in transit directly to or
from a bank or safe deposit and in your custody or control or that of a member
of your household.
·
within an occupied building used for residential
purposes or a building where you or a member of your family are employed,
engaged in business or temporarily living.
·
any other building provided entry to or exit from the
building is made using violence and force.
The most we will pay for is 15% of
the sum insured by this section.
18.
The replacement and installation of locks including keys to
any external doors, keys of which have been stolen. The most we will pay is $500 for any one claim.
19.
Any amounts which you become legally liable to pay as damages
for bodily injury to your domestic employees.
The cause of the bodily injury must arise during the period of insurance
and from the work they are employed to do within the geographical area.
·
Loss or damage caused by hurricane, windstorm,
rainstorm flood and falling trees while the contents are in transit or in the
open
·
Property removed for sale or exhibition or to a
furniture depository.
·
Theft of money from any home where you or a member of
your family are temporarily residing.
·
Loss or damage caused by malicious persons or vandals.
·
Loss or damage to property or injury, illness or disease
arising out of your business or profession or suffered by a member of your
household.
·
Compensation which is due by virtue of the National
Insurance or Social Security Scheme or which would otherwise be due but for
your failure to have registered under the scheme the person suffering from the
injury, illness or disease.
The most we will pay for any claim
or claims arising from one event is $250,000 plus costs and expenses as agreed
to us in writing.
Subject to jurisdiction within the
geographical area
20.
Any amounts which you or a member of your household:
(a) as occupier of the home or any
other building used as a
temporary holiday
accommodation within the
geographical area.
(b) as private
individuals within the
geographical area.
become legally liable to pay as compensation for an
accident occurring during the period of insurance which causes bodily injury to
any person or loss of damage or damage to property.
The most we will pay for any claim or claims
arising from one event is $250,000 plus costs agreed by us in writing.
·
Judgements which are not in the first instance
delivered by or obtained from a court of competent jurisdiction within the
geographical area.
·
Loss or damage occurring outside the premises shown on
your current schedule.
·
Liability arising directly or indirectly from:
-
an agreement which imposes a liability which you or a
member of your household would not otherwise have been under;
-
ownership of any land or building;
-
any trade, profession or business;
-
racing, hunting or playing polo;
-
willful or malicious acts;
·
Liability arising directly or indirectly from the
ownership or use of:
-
aircraft (except toys or models);
-
mechanically propelled vehicles (except domestic garden
implements used within the boundary of the home or use of a vehicle solely as a
passenger having no right of control);
-
watercraft (except toys and models), sailboards or
hovercraft;
-
firearms;
-
animals (except pets which are normally domesticated
within the geographical area);
·
Liability for bodily injury to:
-
a member of your household or to a person under a
contract of service or apprenticeship with you or a member of your household;
21.
If you are a tenant of your home and not the owner or leaseholder,
cover is provided for all sums which you are liable to pay under the terms of
your tenancy agreement for:
-
Damage to the buildings by any of the perils listed
under paragraphs 1, 4, 7, 14 and 15 other than fire, subsidence, ground heave
landslip and malicious damage.
-
Damage to the internal decorations or landlord’s
fixtures and fittings of your home from any of the perils listed under the
cover provided by this section other than larceny, burglary theft or attempted
theft, malicious damage and any form of accidental damage.
-
Accidental damage to those underground services supply
the buildings.
-
Breakage of fixed glass in walls, doors and roofs
including double glazed units, solar panels and washbasins, pedestals, baths,
sinks, lavatory pans and other sanitary ware in the buildings.
The most we will pay is 10% of the
sum insured under this section.
22.
If the home is made uninhabitable by any peril insured by this
section, we will pay:
for
rent which continues to be payable by you
-
Judgements which are not in the first instance
delivered by or obtained from a court of competent jurisdiction within the
geographical area.
·
Loss or damage caused after the home is left
unfurnished or unoccupied for more than 40 consecutive days or while the
buildings are lent, let or sub-let.
·
the reasonable extra cost of
comparable
alternative
accommodation if
you occupy
the home
- the
reasonable cost of temporary storage of furniture and the extra cost of
temporary accommodation for domestic pets
until your home is fit to be occupied again. The work of repair or reinstatement must be
done without delay. The most we will
pay is the amount shown on your current schedule.
SETTLING CLAIMS
New for Old
We will pay the full cost of repair
or replacement as new of the contents lost or damaged or at our option, we will
replace the contents with the same or similar articles or arrange for the
repair work to be carried out. However,
we will take off an amount for wear and tear and depreciation:
·
for clothing and linen;
·
if at the time of the loss or damage the sum insured
does not represent the full cost of replacement of the contents as new less and
allowance for wear and tear and depreciation in respect of clothing and linen.
·
if you do not repair or replace the contents.
We will automatically reinstate
the sum insured from the date of the payment of any claim and bill you the
appropriate extra premium unless written notice to the contrary is given by you
or by us.
Amounts payable
The maximum amount payable in respect of any one incident
is the sum insured less any excess.
Items of electronic equipment and valuables will be limited to $1,000
for any one item and $2,500 in total unless specified in your current
schedule. Money is limited to $500 in
any one insurance year.
Underinsurance
This occurs when the sum insured is less than the current
replacement value of your contents. In
this instance, we will pay only a proportion of the cost of replacement up to a
maximum of the sum insured. In this
section, the value of your contents is the current replacement cost at the time
of loss or damage.
We will work out the proportion
in this way:
Sum Insured The
Amount of The
Amount payable
Current cost X repair or replacement = by us.
replacement cost to
your contents
We will not apply this formula if
the cost of replacement is less than 5% of the sum insured and the loss or
damage did not arise as a result of a peril listed in paragraphs 7, 8 & 9
in this section.
SECTION III
ALL RISK COVER FOR PERSONAL POSSESSIONS
What is insured
Accidental loss or damage to items specified in the schedule
and owned by any member of your household.
This cover applies anywhere in the West Indies and for up to 60 days
worldwide in any one period of insurance.
What is not insured
·
Any one article held or used solely for business or
professional purposes.
·
Loss or damage by rusting, bursting or derangement of
firearms.
·
Damage to watches or clocks caused by overwinding,
denting or internal damage of watches or clocks (other than caused by fire or
thieves).
·
Loss of charms from bracelets unless the charms are
soldered to the bracelet.
·
Loss or damage to sports equipment while in play.
·
Equipment for watersports, motor vehicles, trailers,
caravans, boats, vessels, aircraft and their respective accessories.
ADDITIONAL CONDITIONS APPLYING TO
SECTION III
It is a condition of this
insurance in respect of any single item of jewellery with a sum insured of $2,500
or greater, that the settings and or fastenings of any such item shall be
examined by a competent jeweller at least once during each year of insurance
and any defect remedied forthwith.
In the event of a claim, the onus of proving that this
condition was complied with shall be upon you.
GENERAL EXCLUSIONS APPLYING TO
SECTION III
Loss or damage from any of the following:
-
wear and tear or gradual deterioration.
-
cleaning, repairing, washing, dyeing or alteration,
heating, restoring or renovating.
-
vermin, insects, domestic pets, mildew or fungus.
-
breakdown.
-
nationalisation or confiscation by any authority.
-
deception unless it is only entry into your home that
is gained by deception.
-
climatic and/or atmospheric conditions and/or extremes
of temperature (except loss or damage covered by fire).
-
scratching, denting, faulty workmanship or design, use
of faulty materials.
-
property whilst left in an unattended vehicle.
SETTLING CLAIMS
We will pay the cost of repair or
replacement of the article lost or damaged less an amount for wear and tear and
depreciation in respect of clothing and furs or at our option we will replace
the articles or arrange for its repair.
The most we will pay is the sum
insured by this section. All items in
the schedule must be supported by a recent valuation by a competent
jeweller. This means that the amount
shown is accepted by you, and by us, as being the true value of the item as at
the date of valuation. In respect of
sports equipment and pedal cycles we will pay the resale market value only.
We will pay the proportionate
part of the sum insured for loss or damage to items forming part of a pair or
set.
The sum insured will not be
reinstated automatically after the payment of any claim, for any item of
specified personal possessions which have been totally lost or destroyed. If further insurance is required for
replacement items, you must advise us accordingly.
MAKING
A CLAIM UNDER THIS POLICY
Before we can give you any of the
insurance cover described in this policy, you must promptly:
·
complete our claim form, and
·
take or mail it to our office
You do not have to pay the excess
to lodge a claim. However, you will
have to pay any excess before we will pay your claim. We will tell you when and how the excess must be paid. This depends on the circumstances of your
claim.
It is important to remember that
a claim made by any one of the persons named as the insured in the current
Policy Schedule is a claim by all of them.
You should not repair or replace
any property lost or damaged, unless temporary repairs are needed to prevent
further damage, prior to us having the opportunity to see the damage.
You should notify us of all
claims against you for any injuries or damage sustained by a third party or
domestic employee. All correspondence
or other documents received should be sent to us immediately and we will act on
your behalf.
Mortgagee’s rights
If you have taken out a mortgage on
your home, the mortgage company will require you to assign the policy to them
as security over the mortgage loan. The
cover described in Section I extends to the mortgagee. The exclusions and conditions to Section I
also apply to the mortgagee.
A payment under this section to
the mortgagee will discharge our obligation to you for the amount paid.
If we make a payment to the
mortgagee under this section of the policy, we may try to recover the amount of
that payment. We will do this in either
your name or the mortgagee’s name.
In the event of a claim, any
benefits which this section gives a mortgagee depend on them giving us any
information and help we require.
WHAT YOU MUST PAY IF YOU MAKE A CLAIM
UNDER THIS POLICY – THE EXCESS
For most claims you make on this
policy you will have to pay an excess.
The excess amount is shown on your current Policy Schedule. There are three types of excess:
Basic Excess
This is the first amount you will
have to pay under Sections I & II, for buildings and contents, for all
losses arising out of one occurrence from any insured peril excluding fire,
lightning, explosion, thunderbolt, subterranean fire, earthquake, volcanic
eruption, hurricane, windstorm, rainstorm, cyclone, tornado, flood, seaquake,
tidal wave and overflow of the sea, loss of money and replacement of door
locks.
Valuables Excess
This is the first amount you will
have to pay under Section III, for personal possessions. This excess will not apply if either one of
the basic or catastrophe excesses apply.
Catastrophe Excess
This is the first amount you will
have to pay for all claims arising out of one event under Sections I & II
for all losses arising out of one occurrence from the following insured perils:
hurricane, windstorm, rainstorm, earthquake, seaquake, tidal wave, volcanic
eruption, cyclone, tornado, flood and overflow of the sea.
The catastrophe excess stated in
your current schedule will apply to each occurrence giving rise to loss or
damage. For the purpose of this excess
an incident shall not be considered to have terminated until there has been
(72) seventy-two consecutive hours freedom from the event. After this period, the catastrophe excess
shall apply afresh.
All excesses will apply to the
insured property at each location. All
insured property at the same address will be regarded as one location.
MAKING CHANGES TO THIS POLICY
If you want to make a change to
any information on your current Policy Schedule, the change becomes effective
when we tell you we agree to it by giving you a notice.
Notices
Any notice we give you will be in
writing. It will be effective if it is
delivered to you personally or if it is delivered or posted to your last known
address. It is important for you to
tell us of any change of address as soon as possible.
Cancelling this policy
There are two ways to cancel this
policy:
If we cancel this policy we will
do so by giving you 7 days notice by registered mail to your last known
address. We will deduct from the
premium you have paid us an amount to cover the period for which you have been
insured by us and refund to you what is left.
You may cancel this policy by
telling us in writing. If you cancel,
we will deduct from the premium you have paid us an amount which covers the
period for which you have been insured with us. We will refund to you what is then left of the premium.
CONDITIONS WHICH APPLY TO
THE WHOLE POLICY
In the following conditions 'You'
also includes any other person insured under the policy.
Policy terms and conditions
You and members of your household
covered under this policy must comply with its terms and conditions otherwise
we may refuse a claim.
Precautions
You must take all reasonable
steps to prevent loss, damage or accident and maintain the insured property in
a sound condition and good repair.
False information
If you or anyone acting for you
makes a claim under this policy knowing the claim to be false, We will not pay
the claim and all cover under the policy ceases.
Cancellation
You may cancel the policy by
giving us written instructions and you will receive a refund for the unexpired
portion of the premium. We may also
cancel the policy or any section or part of it by giving you 7 days notice by
registered mail to your last known address.
In both cases we will deduct from the premium you have paid us an amount
to cover the period for which you have been insured by us and refund to you
what is left. If you make a claim for
more than 10% of the sum insured during any period of insurance you will not be
entitled to a refund of premium for that period.
Arbitration
If we admit liability for a claim
and there is a dispute for the amount to be paid, the dispute will be referred
to an arbitrator who is acceptable to both parties involved. You may not take legal action against us
before the arbitrator has reached a decision.
Legal personal representatives
If you die we will insure your
legal personal representatives for any liability you had previously incurred
under the policy provided they keep to the terms of the policy.
Changes in the risk
You must tell us of any change of
circumstances after the start of the insurance which increases the risk of
loss, injury or damage. You will not be
insured under the policy until we have agreed in writing to accept the
increased risk.
Other insurance
If any loss, damage or legal
liability covered under this policy is also covered by any other insurance we
will not pay more than our rateable proportion of any claim.
Notification of a claim
When you become aware of a
possible claim under this policy, you must notify us in writing without
delay. If there has been theft,
attempted theft, vandalism or any malicious act you must also advise the Police
immediately.
You must at your own expense
provide us with all details and evidence we request, including written
estimates and proof of ownership or value.
Any writ, summons or other legal document served on you or any member of
your household in connection with a possible claim must be sent to us
immediately. You must not answer any
correspondence without our consent.
Conduct of the claim
You must give whatever
information or assistance we request and must not admit, deny or negotiate any
claim without our written consent.
No property may be abandoned to
us.
Subrogation
Before or after we pay your claim
under this policy you must, if we ask you, take, or allow us to take in your
name, all steps needed to enforce your rights against any other person. We will pay any costs and expenses involved
and all salvage items or whatever is left of them will become our property.
More than one home
When more than one home is
insured the terms and conditions of the policy shall apply as if each is
separately insured.
EXCEPTIONS WHICH APPLY TO THE WHOLE POLICY
This policy does not cover
War risks
Any event arising from war,
invasion, act of foreign enemy, hostilities, warlike operations (whether war is
declared or not), civil war, mutiny, civil commotion, rebellion, revolution,
insurrection, military force or coup.
Terrorism
Any act of terrorism means the
use of violence for political ends and includes any use of violence for the
purpose of putting the public or any section of the public in fear.
The term terrorism means the use
of violence for political ends and includes any use of violence for the purpose
of putting the public or any section of the public in fear.
Sonic bangs
Loss or damage arising directly
from pressure waves caused by aircraft and other aerial devices travelling at
sonic or supersonic speeds.
Consequential losses
Consequential loss of any kind or
description incurred by you or your household.
Radioactive contamination
Any expense, consequential loss,
legal liability or loss of or damage to any property or bodily injury directly
or indirectly caused by or arising from or contributed to by:
(a)
Ionising radiation or contamination by radio activity from any
nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
(b)
The radioactive, toxic, explosive or other hazardous
properties of any explosive nuclear assembly or nuclear component of it;
Existing damage
Any loss or damage occurring
before cover commences.
Wear and tear
Wear and tear or any gradually
operating cause.
Jurisdiction
This policy does not provide any
indemnity in respect of judgements or arbitration awards which are not in the
first instance delivered by or obtained from a court of competent jurisdiction
or arbitration within the Geographical Area.
Contamination and Pollution
This policy does not cover any
liability for personal injury or bodily injury or loss of, damage to or loss of
use of property directly or indirectly caused by seepage, pollution or
contamination. The policy also does not
cover the cost of removing nullifying or cleaning-up seeping, polluting, or
contaminating substances, fines, penalties, punitive or exemplary damages.
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