Docstoc

Commercial Motor Insurance Policy Elders Insurance

Document Sample
Commercial Motor Insurance Policy Elders Insurance Powered By Docstoc
					Commercial Motor
Insurance Policy
Product Disclosure Statement




This Product Disclosure Statement contains the Commercial Motor
Insurance Policy terms and conditions.

You should read all sections of this Product Disclosure Statement
before making a decision to acquire this financial product.

Issued by Elders Insurance (Underwriting Agency) Pty Limited
ABN 56 138 879 026 AFS Licence. 340965

Underwritten by QBE Insurance (Australia) Limited
ABN 78 003 191 035 AFS Licence 239545



        {VXO \ 00030554}
Commercial Motor Insurance Policy
Contents booklet

IMPORTANT INFORMATION                           1-4   SECTION 1 – LOSS, DAMAGE OR
                                                      THEFT OF YOUR MOTOR VEHCLE                           9-14
About this Product Disclosure Statement (PDS)    1
Who provides this insurance                      1    Cover                                                 9
About Elders Insurance                           1    Basis of settlement                                   9
About QBE Australia                              1    Additional benefits                                  10-14
Significant features and benefits                1        Applicable to Comprehensive cover,
                                                          Third party property damage including
The cost of this insurance                       2
                                                          fire and theft cover and Third party
Excess                                           2        property damage cover only                        10
How You can pay Your premium                     2        Applicable to Comprehensive cover
Changes to Your circumstances                    2        or Third party property damage
                                                          including fire and theft cover only               10
How Goods and Services Tax affects any
payments We make                                2-3       Applicable to Comprehensive cover only           11-14
Duty of Disclosure                               3        Applicable to Third party property damage
                                                          including fire and theft cover or
The General Insurance Code of Practice           3        Third party property damage only                  14
Privacy                                          3
How to make a claim                              4    SECTION 2 – THIRD PARTY
                                                                                                           15-16
Dispute resolution                               4    LIABILITY
Cancelling Your Policy                           4     Cover                                                15
Cooling-off information                          4     Basis of settlement                                  16
Financial Claims Scheme                          4     Exclusion applying to this section                   16

GENERAL INFORMATION                              5    POLICY EXCESS(ES)                                    16-17
Insurer                                          5     What You must pay if You make a claim               16-17
Our agreement with You                           5     What You will not have to pay if You make a claim    17
Your Policy                                      5
Providing proof                                  5    SPECIAL CLAUSES                                      18-19
Jurisdiction                                     5
Subrogation rights                               5
                                                      GENERAL EXCLUSIONS
Preventing Our right of recovery                 5                                                         20-22
                                                      APPLYING TO THE POLICY
COMMERCIAL MOTOR
INSURANCE POLICY TERMS AND                  6-24      GENERAL CONDITIONS
                                                                                                            23
CONDITIONS                                            APPLYING TO THE POLICY


GENERAL DEFINITIONS                             6-7   CLAIMS                                                24
                                                       How to make a claim                                  24
TYPES OF COVER                                  8      Providing proof                                      24
                                                       What You must do after an Accident or theft          24
1.   Comprehensive Cover                         8
                                                       What You must not do after an Accident or theft      24
2.   Third party property damage
     including fire and theft cover              8     What We will do                                      24
                                                       What can affect a claim                              24
3.   Third party property damage cover           8
                                                       Repair guarantee                                     24




                                                                         Date of preparation:   15th November 2010
                                                                         Date effective:        15th November 2010
                                                                         QM2576-1110
Important Information

About this Product Disclosure Statement                    About QBE Australia
(PDS)                                                      QBE Insurance (Australia) Limited is a member of the
                                                           QBE Insurance Group (ASX: QBE). QBE Insurance
This PDS has been prepared to assist You to
                                                           Group is Australia’s largest international general
understand the Commercial Motor Insurance Policy
                                                           insurance and reinsurance group, and one of the top
and making an informed decision about Your insurance
                                                           25 insurers and reinsurers worldwide. The company
requirements.
                                                           has been operating in Australia since 1886 and
This booklet has two parts: Important Information and      continues to provide industry-leading insurance
terms and conditions. Other documents may comprise         solutions that are focused on the needs of
Our PDS and We will specifically tell You if this is the   intermediaries and their clients.
case in the relevant document. Please read both parts
                                                           QBE is a household name in Australian insurance,
of this booklet very carefully and retain it with any
                                                           backed by sizeable assets, and well known as a strong
Policy Schedule that We issue to You.
                                                           and financially secure organisation.
Important Information includes details about the cost of
this Policy, the type of cover provided by the
Commercial Motor Insurance Policy, our dispute
                                                           Significant features and benefits
resolution process, Your cooling off and cancellation      The Commercial Motor Insurance Policy provides
rights, Your duty of disclosure and paying the premium.    protection against accidental damage to the Motor
                                                           Vehicles used in Your business. In addition, cover for
Commercial Motor Insurance Policy terms and                the liability that may arise where these Motor Vehicles
conditions sets out the detailed terms and conditions,     are involved in an Accident.
exclusions and general conditions that apply to this
Policy.                                                    The table below provides a summary of the key types
                                                           of cover available under the Policy. For full details of
If We issue You with an insurance Policy, You will be      the cover provided, including any exclusions or general
given a Policy Schedule. The Policy Schedule sets out      conditions that may apply, please refer to the relevant
the specific terms applicable to Your cover and should     part of the Commercial Motor Policy terms and
be read together with the Policy terms and conditions.     conditions. There are also Additional benefits You can
The Policy terms and conditions and the Policy             purchase to better meet Your business needs.
Schedule we give to You form your legal contract with      Your Policy Schedule will show the cover and options
Us. You pay Us the premium and We provide You with         You have chosen.
the cover You have chosen as set out in the Policy,
during the Period of Insurance shown in Your Policy          Type of cover         Short description         Page
Schedule or any renewal period.                                                                               no.
Please keep these documents in a safe place for future
reference.                                                  Comprehensive       Cover for damage to            8
                                                                                Your Motor Vehicle for
If You require any information about this product,                              loss, damage or theft of
please contact your Elders Insurance authorised                                 Your Motor Vehicle and
representative.                                                                 the liability to third
                                                                                parties for property
Who provides this insurance                                                     damage caused by Your
The Policy is underwritten by QBE Insurance                                     Motor Vehicle.
(Australia) Limited, (“QBE”) ABN 78 003 191 035, AFS        Third party         Cover for damage to            8
Licence No. 239545 of 82 Pitt Street, Sydney.               property            Your Motor Vehicle if it
This Policy is issued by Elders Insurance (Underwriting     damage              is stolen or damaged by
Agency) Pty Limited, (“Elders Insurance”),                  including fire      fire and the liability to
ABN 56 138 879 026, AFS Licence 340965 of                   and theft           third parties for property
27 Currie Street, Adelaide.                                                     damage caused by Your
                                                                                Motor Vehicle.
About Elders Insurance                                      Third party         No cover for loss or           8
Elders Insurance has entered into an arrangement with       property            damage to Your Motor
QBE enabling Elders Insurance representatives to            damage only         Vehicle and the liability
distribute QBE products.                                                        to third parties for
The address and telephone number of your Elders                                 property damage
Insurance authorised representative is on Your Policy                           caused by Your Motor
Schedule.                                                                       Vehicle.
                                                           Each of the sections listed in the table above is subject
                                                           to specific definitions, the basis of cover and specific
                                                           exclusions. In addition, there are general exclusions
                                                           and conditions that apply to all sections of the Policy.




                                                                                                                       1
    Important Information

    The cost of this insurance Policy                            If You have nominated the 29th, 30th or 31st of the
    The total premium is the amount We charge You for            month as Your payment date, We will deduct Your
    this insurance Policy. It includes the amount which We       instalment payment on the next day if those dates do
    have calculated for the risk and the taxes and               not occur in a month.
    government charges applicable. The premium and any           If Your first instalment of premium when You take out
    taxes and government charges will be shown in Your           Your Policy or renew it is dishonoured, this Policy will
    Policy Schedule.                                             not operate and there will be no cover.
    When calculating the premium We take a number of             We will not pay a claim under this Policy if, at the time
    factors into account. These factors and the degree to        the claim occurred, any instalment of premium has
    which they effect Your premium, will depend on the           remained unpaid for 14 days or more.
    information You give to Us. The key factors that impact      If any instalment of premium has remained unpaid for
    Your premium include:                                        one month, We may cancel this Policy. We will send
    1.   the type of Motor Vehicles You operate, which           You a notice giving You details of the action We intend
         sections You elect to take and the sum insured. In      to take and when any cancellation will become
         addition, Your claims history may also impact the       effective.
         premium.                                                We are entitled to deduct from any amount We pay
    2.   if You elect to have a higher or lower Excess           You under a claim any unpaid premium or instalment
         where this is an option;                                of premium.
    3.   the type of Motor Vehicles and the age and              If You are paying Your premium in instalments by
         experience of the drivers may impact the premium.       direct debit from Your credit card or financial institution
                                                                 account, You must tell Us if those details change. You
    Excess                                                       must do this no later than seven days before Your next
                                                                 instalment is due.
    An Excess is the amount You may be required to pay if
    You have a claim. There may be more than one
    Excess that applies for each claim. The Excesses You         Changes to Your circumstances
    may be required to pay are set out in this Policy and        Your Commercial Motor Insurance Policy is based on
    Your Policy Schedule.                                        what You have told Us. If something changes, please
    You may be able to reduce the Excess You pay in the          contact Your Elders Insurance Authorised
    event of a claim by paying a higher premium, or if You       Representative to ensure You remain covered.
    elect to pay a higher Excess in the event of a claim,        Please tell Us anything that changes Your Business.
    Your premium may be lower. Please discuss these              When You tell Us of any changes to Your Business We
    options with Your Elders Insurance Authorised                will issue You with a revised Policy Schedule and You
    Representative.                                              may be asked to pay additional premium. If You fail to
                                                                 tell Us of all changes, unfortunately, Your Policy may
    How You can pay Your premium                                 not provide the cover You need and We may not pay
    You can pay Your premium:                                    part or all of a claim.
    • in one annual amount; or
                                                                 How Goods and Services Tax (GST)
    •    in monthly instalments.
                                                                 affects any payments We make
    Payment of premium may be made by debit to Your
    nominated financial institution, Your Elders account,        The amount of premium payable by You for this Policy
    cash, cheque, BPAY or credit card. If Your cheque or         includes an amount on account of the GST on the
    credit card is dishonoured by Your financial institution     premium.
    You are not insured unless We have agreed in writing         When We pay a claim, Your GST status will determine
    to continue to insure You.                                   the amount We pay.
    Overdue premium                                              When You are:
    You must pay Your premium on time otherwise Your             1.   not registered for GST, the amount We pay is the
    Policy may not operate and there will be no cover.                sum insured/limit of indemnity or the other limits of
                                                                      insurance cover plus the GST.
    Paying Your annual premium
    You must pay Your annual premium by the due date to          2.   registered for GST, We will pay the sum
    Your Elders Insurance Authorised Representative. If               insured/limit of indemnity or the other limits of
    Your premium is unpaid by this date or Your payment               insurance and where You are liable to pay an
    is dishonoured this Policy will not operate and there will        amount for GST in respect of an acquisition
    be no cover.                                                      relevant to Your claim (such as services to repair a
                                                                      damaged item insured under the Policy) We will
    Paying Your instalment premium                                    pay for the GST amount.
    If You are paying Your premium for the first time by
                                                                 3.   We will reduce the GST amount We pay for by the
    instalments We will deduct instalments each month on
                                                                      amount of any Input Tax Credits (ITC) to which
    the day of the month that You nominate as Your
                                                                      You are or would be entitled if You made a
    payment date.
                                                                      relevant acquisition. In these circumstances, the
    If You are renewing Your Policy and You paid Your                 ITC may be claimable through Your Business
    previous Policy by instalments, We will continue to               Activity Statement (BAS).
    deduct instalments for Your renewed Policy on the day
                                                                      You must advise Us of Your correct Australian
    of the month you previously nominated as Your
                                                                      Business Number and taxable percentage.
    payment date, unless You tell us otherwise.
2
Important Information

How Goods and Services Tax (GST)                             •   If You do not tell Us
affects any payments We make                                     If You do not comply with Your Duty of Disclosure
Any GST liability arising from Your incorrect advice is          We may reduce or refuse to pay a claim or cancel
payable by You.                                                  Your Policy. If Your non-disclosure is fraudulent
                                                                 We may treat this Policy as never having worked.
Where the settlement of Your claim is less than the
sum insured/limit of indemnity or the other limits of        The General Insurance Code of Practice
insurance cover, We will only pay an amount for GST
                                                             QBE Insurance (Australia) Limited is a signatory to the
(less Your entitlement for ITC) applicable to the
                                                             General Insurance Code of Practice. The Code aims to:
settlement. This means that if these amounts are not
sufficient to cover Your loss, We will only pay the GST      •  promote more informed relations between insurers
relating to Our settlement of the claim.                        and their customers;
We will (where relevant) pay You on Your claim by            •   improve consumer confidence in the general
reference to the GST exclusive amount of any supply              insurance industry;
made by any Business of Yours which is relevant to           •   provide better mechanisms for the resolution of
Your claim.                                                      complaints and disputes between insurers and
GST, ITC, BAS and Acquisition have the same                      their customers; and
meaning as given to those expressions in A New Tax           •   commit insurers and the professionals they rely
System (Goods and Services Tax) Act 1999 and                     upon to higher standards of customer service.
related legislation as amended from time to time.
Taxable percentage is Your entitlement to an ITC on          Privacy
Your premium as a percentage of the total GST on that        Privacy legislation regulates the way private sector
premium.                                                     organisations can collect, use, keep secure and
                                                             disclose personal information. QBE and Elders
Duty of Disclosure – What You must tell Us                   Insurance are bound by the Privacy Act 1988 (Cth.),
Under the Insurance Contracts Act 1984 (the Act), You        when collecting and handling your personal
have a Duty of Disclosure. The Act requires that before      information. We have developed a Privacy Policy
a policy is entered into, You must give us certain           which explains what sort of personal information we
information We need to decide whether to insure You          hold about you and what we do with it.
and anyone else to be insured under the Policy, and on
what terms. Your Duty of Disclosure is different,            We will only collect personal information from or about
depending on whether this is a new Policy or not.            You for the purpose of assessing Your Application for
                                                             insurance and administering Your insurance Policy,
New business                                                 including any claims You make. We will only use and
Where You are entering into this Policy for the first time   disclose Your personal information for a purpose You
(that is, it is new business and is not being renewed,       would reasonably expect.
varied, extended or reinstated) You must tell us
everything you know and that a reasonable person in          We may need to disclose personal information to Our
the circumstances could be expected to tell Us, in           reinsurers, (who may be located overseas), insurance
answer to the specific questions We ask.                     intermediaries, insurance reference bureaux, credit
                                                             reference agencies, our advisers and those involved in
When answering our questions You must be honest.             the claims handling process (including assessors and
• Who needs to tell Us                                       investigators), for the purposes of assisting Us and
   It is important that You understand You are               them in providing relevant services and products, or for
   answering Our questions in this way for yourself and      the purposes of litigation. We may disclose personal
   anyone else that You want to be covered by the Policy.    information to people listed as co-insured on Your
• If You do not tell Us                                      Policy and to family members or agents authorised by
   If You do not answer our questions in this way, We        You. Computer systems and support services may be
   may reduce or refuse to pay a claim, or cancel the        provided to us by related companies within the QBE
   Policy. If You answer Our questions fraudulently,         Group that may be located overseas We may also
   We may refuse to pay a claim and treat the Policy         disclose information to organisations which conduct
   as never having worked.                                   customer service surveys on Our behalf. We will
Renewals, variations, extensions and                         request Your consent to any other purpose.
reinstatements                                               By providing your personal information to Us, You
Once Your Policy is entered into and is no longer new        consent to Us making these disclosures. Without Your
business then Your duty to us changes. You are               personal information We may not be able to issue
required before You renew, vary, extend or reinstate         insurance cover to You or process Your claim.
Your Policy, to tell us everything You know and that a       You also have the opportunity to find out what personal
reasonable person in the circumstances could be              information We hold about You and, when necessary,
expected to know, is a matter that is relevant to Our        correct any errors in this information. Generally We will
decision whether to insure You, and anyone else to be        do this without restriction or charge. For further
insured under the Policy, and if so, on what terms.          information about Our Privacy Policy or to access or
• You do not have to tell Us about any matter                correct Your personal information, please contact Your
   – that diminishes the risk;                               local Elders Insurance Authorised Representative or
   – that is of common knowledge;                                 The Compliance Manager
                                                                  QBE Insurance (Australia) Limited
   – that We know or should know in the ordinary
       course of our business as an insurer; or                   GPO Box 82 Sydney NSW
                                                                  Email compliance.manager@qbe.com
   – which we indicate We do not want to know.

                                                                                                                         3
    Important Information

    How to make a claim                                        Cooling-off information
    Please contact Your Elders Insurance Authorised            If You want to return Your insurance after Your
    Representative to make a claim. We will only accept        decision to buy it, You may cancel it and receive a full
    responsibility for repairs or payments to third parties    refund. To do this You may notify Your Elders
    under a claim where You have told us about them            Insurance Authorised Representative electronically or
    beforehand and We have accepted Your claim. Full           in writing within 21 days from the date the Policy
    details of what You must do for Us to consider Your        commenced.
    claim are provided in the ‘Claims’ section at the end of
                                                               This cooling-off right does not apply if You have made
    this Policy.
                                                               or are entitled to make a claim. Even after the cooling-
                                                               off period ends, You still have cancellation rights as
    Dispute resolution                                         detailed above.
    If a complaint arises during Your dealings with Us, You
    should first discuss the matter with the person with       Financial Claims Scheme
    whom You have been dealing. Where Your complaint
                                                               This Policy is a protected policy under the Financial
    is not resolved to Your satisfaction You should request
                                                               Claims Scheme (FCS), which protects certain insureds
    that the matter be dealt with by Our Internal Complaints
                                                               and claimants in the event of an insurer becoming
    Handling Process.
                                                               insolvent. In the unlikely event of QBE becoming
    Your Elders Insurance Authorised Representative can        insolvent you may be entitled to access the FCS,
    assist You to lodge your complaint and take the details    provided you meet the eligibility criteria. More
    for You. You will be provided with a copy of Our           information may be obtained from APRA -
    brochure detailing Our complaints handling process.        www.apra.gov.au or 1300 13 10 60.
    Your complaint will be handled by a person with
    authority to resolve the matter.
    Your complaint should be dealt with within 15 business
    days unless We notify you of the reasons why it cannot
    be dealt with within that time.
    If the complaint remains unresolved to Your satisfaction
    and You are a small business, You may be entitled to
    access the Financial Ombudsman Service (FOS).
    FOS resolves certain insurance disputes between
    complainants and insurers and will provide an
    independent review at no cost to You. We are bound
    by the determination of FOS but the determination is
    not binding on You.
    If You are eligible to access FOS, We will provide the
    contact telephone number and address of FOS.

    Cancelling Your Policy
    How You may cancel this Policy
    • You may cancel this Policy at any time by telling Us
      in writing that You want to cancel it. You can do this
      by giving the notice to Your Elders Insurance
      Authorised Representative.
    • Where You involves more than one person, We will
      only cancel the Policy when a written agreement to
      cancel the Policy is received from all persons
      named as the insured.
    How We may cancel this Policy
    • We may cancel this Policy in any of the
      circumstances permitted by law by informing You in
      writing.
    •   We will give You this notice in person or send it to
        Your address last known to Us.
    The premium
    We will refund to You the proportion of the premium for
    the remaining Period of Insurance, less an
    administration charge of 10% of the unused proportion.




4
Commercial Motor Insurance Policy terms and condition
General Information

Insurer                                                     Subrogation rights
The Policy is underwritten by QBE Insurance                 We have the right to take over and conduct, in Your
(Australia) Limited, ABN 78 003 191 035, AFS Licence        name, the defence and settlement of any claim or to
No. 239545 (“QBE”) of 82 Pitt Street, Sydney.               prosecute, in Your name, any claim for damages,
                                                            indemnity, contribution or otherwise. We have full
Our agreement with You                                      discretion in the conduct of any proceedings and in the
                                                            defence and settlement of any claim.
This Policy is a legal contract between You and Us.
You pay Us the premium, and We provide You with the         You must give us all information and assistance as We
cover You have chosen as shown in Your Policy               may reasonably require to defend you or prosecute in
Schedule, subject to the terms and conditions of the        Your name.
Policy. Cover is provided during the Period of
Insurance shown in Your Policy Schedule or any              Preventing Our right of recovery
renewal period.                                             If You have agreed not to seek compensation from
We will not pay any more than the sum insured or limit      another person who is liable to compensate You for
of liability for each section which is shown in Your        any loss, damage or liability which is covered by this
Policy Schedule, unless stated otherwise in the Policy.     Policy We will not cover You under this Policy for that
We will not pay the Excesses shown in this Policy or in     loss, damage or liability.
Your Policy Schedule. If any loss or damage or liability
leads to a claim under more than one section of this
Policy, You must pay the highest applicable Excess,
but You need pay only one Excess.
You may have to contribute more than one Excess.
You are required to pay the Excess when We request
You to do so.

Your Policy
Your Policy consists of the Commercial Motor
Insurance Policy terms and conditions in this booklet
and the Policy Schedule We give you.
Please read this Policy carefully, and satisfy yourself
that it provides the cover You require.
If You need more information about any section of this
Policy, please ask Your Elders Insurance Authorised
Representative. The address and telephone number of
Your Elders Insurance Authorised Representative is
shown in Your Policy Schedule.
You should keep this booklet together with Your Policy
Schedule in a safe and convenient place for future
reference.

Providing proof
Please retain receipts or other confirmation of the
purchase of Your Motor Vehicle and any accessories,
and all service and repair records for all Motor Vehicles
insured by this Policy so that You can prove the
amount of any loss if You have to claim under this
Policy.

Jurisdiction
This Policy will be governed and construed in
accordance with the laws of the state or territory in
Australia in which your registered address is located.
You agree to submit to the non-exclusive jurisdiction of
the courts of that state or territory.




                                                                                                                      5
    Commercial Motor Insurance Policy terms and condition
    General definitions applying to the Policy

    Words with special meaning                                  10. ‘Executive Use’
    There are some words in the Policy that have a                  Your Motor Vehicle is registered for Business Use,
    special meaning. These words and their meanings are             but is used only for the following purposes:
    listed below.                                                   a.   social, domestic and pleasure purposes;
    1.   ‘Accident’                                                 b.   demonstration for sale;
         An unforseen or unintended happening which is              c.   in connection with servicing, repairing and
         not expected or designed.                                       subsequent testing;
    2.   ‘Agreed Value’                                             d.   for tuition, as long as it is not for payment;
         The fixed amount for which Your Motor Vehicle is           e.   towing a caravan, trailer or vehicle, as long
         insured for each Period of Insurance regardless of              as it is not for payment.
         any price change for Your Motor Vehicle during
         that period.                                           11. ‘Gross Combination Mass’ (GCM)
                                                                    The maximum legally allowed weight of Your
         The Agreed Value includes the value of insured             Motor Vehicle and trailer combination including
         accessories and equipment.                                 the goods carried by that combination.
    3.   ‘Airfield’                                             12. ‘Gross Trailer Mass’ (GTM)
         Any area, including temporary landing grounds,             The maximum loaded mass of Your Motor
         designated or used for aviation activity                   Vehicle as specified by the trailer manufacturer
         including but not limited to take-off, landing,            on a plate affixed to Your trailer.
         taxiing, parking, any tarmac or taxiway activity
         or the like.                                           13. ‘Gross Vehicle Mass’ (GVM)
                                                                    The maximum loaded mass of Your Motor
    4.   ‘Airside’
                                                                    Vehicle as specified by the vehicle manufacturer
         The section of an Airfield where aircraft are              on a plate affixed to Your Motor Vehicle.
         situated and operated.
                                                                14. ‘Market Value’
    5.   ‘Application’                                              The cash value of Your Motor Vehicle
         The information as advised by You to Us, either in         immediately prior to an Accident using market
         writing, verbally or by electronic means, as part of       pricing for a vehicle of the same age, type, and
         Your Application for insurance provided by this            condition, in your local area, but excluding costs
         Policy. Your completed proposal and the                    and charges for GST, registration, stamp duty,
         information You supply to Us forms part of the             dealer deliveries and the like.
         basis for Our decision of whether or not to insure
         You and on what terms.                                 15. ‘Motor Vehicle’
                                                                    Any type of land based machine on wheels or
    6.   ‘Business Use’ or ‘Commercial Use’                         on self laid tracks made or intended to be
         Your Motor Vehicle is registered for Business Use,         propelled by other than manual or animal power
         but is used only for the following purposes:               and any trailer or other attachment made or
         a.   in connection with Your business or                   intended to be drawn by any such machine.
              occupation;                                       16. ‘Period of Insurance’
         b.   social, domestic and pleasure purposes;               The period shown in Your Policy Schedule.
         c.   demonstration for sale;                           17. ‘Policy’
         d.   in connection with servicing, repairing and           Includes this PDS, Your Policy Schedule and any
              subsequent testing                                    future documents issued to You that amends the
         e.   for tuition, as long as it is not for payment;        Policy wording or Policy Schedule.
         f.   towing a caravan, trailer or vehicle, as long     18. ‘Policy Schedule’
              as it is not for payment.                             a. The Policy Schedule; or
    7.   ‘Carrying Capacity’                                        b. the renewal notice You have paid; or
         The maximum amount Your Motor Vehicle can                  c. the alteration advice sent to You.
         legally carry.                                             It contains details of the types of cover and
                                                                    levels of insurance You have selected and any
    8.   ‘Dangerous Goods’
                                                                    special conditions or endorsements applicable
         Goods as defined by the current version of the             to Your cover.
         Australian Code for the Transport of Dangerous
         Goods by Road and Rail. This Policy excludes           19. ‘Private Use’
         all cover for Class 6.2 - Infectious substances            Your Motor Vehicle must be registered for Private
         and Class 7 – Radioactive Material.                        Use, only in Your name and used for the following
                                                                    purposes:
    9.   ‘Excess’
                                                                    a. social, domestic and pleasure purposes;
         The first amount You must pay for any claim You
         make under this Policy.                                    b. demonstration for sale;
                                                                    c. in connection with servicing, repairing and
                                                                         subsequent testing;
                                                                    d. for tuition, as long as it is not for payment;

6
Commercial Motor Insurance Policy terms and condition
General definitions applying to the Policy

Words with special meaning
      e.   towing a caravan, trailer or vehicle, as long
           as it is not for payment;
      f.   driving to or from work;
      g.   in connection with Your occupation or
           business as, long as:
           i.   it is driven only by You; and
           ii   the Business Use does not exceed
                20% of Your Motor Vehicle’s usage.
20.   ‘Sum Insured’
      The amount shown in Your Policy Schedule for
      any Motor Vehicle and this will be the
      maximum amount we will pay.
21.   ‘Total Loss’
      Your Motor Vehicle has not been recovered
      following theft or Your Motor Vehicle is
      damaged to the extent that We determine it
      would be uneconomical to repair. We will settle
      the claim on the basis of Market Value or Sum
      Insured whichever the lesser or Agreed Value
      depending on the cover shown in Your Policy
      Schedule.
22.   ‘We’, ‘Our’ or ‘Us’
      QBE Insurance (Australia) Limited
      ABN 78 003 191 035
23.   ‘You’, ‘Your’ or ‘Yours’
      The person(s), companies or firms named in
      Your current Policy Schedule as the insured.




                                                           7
    Commercial Motor Insurance Policy terms and condition
    Types of cover

    We offer several different types of cover, as described     3. Third party property damage cover
    below.
                                                                   Applicable to registered Motor Vehicles only
    The type of cover You have selected is shown in Your
    Policy Schedule.                                               What We will pay for
                                                                   a.   Section 2 – Third party liability
    1.    Comprehensive cover                                      b.   Additional benefits applicable to Third party
          If Your Motor Vehicle is registered                           property damage cover only.
          What We will pay for                                     What We will not pay for
          a.   Section 1 – Loss, damage or theft of Your           Section 1 – Loss, damage or theft of Your Motor
               Motor Vehicle;                                      Vehicle.
          b.   Section 2 – Third party liability
               Your legal liability for damage caused by
               Your Motor Vehicle to the property of other
               people;
          c.   The Additional benefits applicable to
               Comprehensive cover only.

          If Your Motor Vehicle is unregistered
          What We will pay for
          a.   Section 1 – Loss, damage or theft of Your
               Motor Vehicle.
          b.   The Additional benefits applicable to
               Comprehensive cover only.
          What We will not pay for
          Section 2 – Third party liability

    2.    Third party property damage including
          fire and theft cover
          This cover is not available for Motor Vehicles that
          have a GVM of 3,500 kilograms or greater.

          If Your Motor Vehicle is registered
          What We will pay for
          a.   Section 1 – Loss, damage or theft of Your
               Motor Vehicle caused by fire, explosion,
               lightning, theft or attempted theft only.
          b.   Section 2 – Third party liability.
          c.   The Additional benefits applicable to Third
               party property damage including fire and theft
               cover only.

          If Your Motor Vehicle is unregistered
          What We will pay for
          a.   Section 1 – Loss, damage or theft of Your
               Motor Vehicle caused by fire, explosion,
               lightning, theft or attempted theft only.
          b.   The Additional benefits applying to Third
               party property damage including fire and theft
               cover only.
         What We will not pay for
         Section 2 – Third party liability.




8
Commercial Motor Insurance Policy terms and condition
Section 1 - Loss, damage or theft
of Your Motor Vehicle
Cover                                                      Basis of settlement
Subject to the type of cover You have selected, We will    We will, at Our option, repair, reinstate or pay the
cover You as a result of an Accident or theft occurring    amount of the loss of or damage to Your Motor Vehicle
during the Period of Insurance for:                        and items referred to in Cover - 2. a., 2. b., 2. c. and 2.
1.   loss of or damage to Your Motor Vehicle as            d. at the time of such loss or damage, provided such
     shown in Your Policy Schedule;                        payment does not exceed the Market Value or the Sum
                                                           Insured whichever is the lesser amount, or Agreed
2.   loss of or damage to Your Motor Vehicle’s extras      Value depending on the cover shown in Your Policy
     being:                                                Schedule.
     a.   original manufacturers standard accessories,     If it is necessary to repair Your Motor Vehicle to a
          standard tools, standard appliances,             better condition than it was in before the loss or
          standard options including built in radio        damage, then We may ask You to contribute the
          receivers, built in music players, and air-      additional amount to repair it to the better condition.
          conditioning;
                                                           We are entitled to replace damaged parts with new
     b.   any gate, chain, dog & chain, strap, tarpaulin   parts or used parts of similar age and condition to
          and the like attached to or on Your Motor        those being replaced.
          Vehicle, but limited to $5,000 any one event
          unless shown elsewhere in Your Policy
          Schedule;                                        Salvage
                                                           If Your Motor Vehicle is declared a Total Loss and We
     c.   any fixed unspecified accessories but limited
                                                           pay a claim according to the cover provided by this
          to a maximum of $2,500 per event and
                                                           Policy, You must allow Us, if We require, to take
          limited to $500 per item;
                                                           possession of Your damaged Motor Vehicle. If We do
     d.   any additional equipment or accessories,         not take possession of Your damaged Motor Vehicle,
          provided they have been advised to Us            You cannot abandon Your responsibilities for it.
          including the individual Sum Insured of such
          equipment and accessories, and We have
          agreed to cover them;
                                                           Unavailable parts
                                                           In the event of an Accident covered under this Policy,
     whilst they are in, on or attached to Your Motor      should any part of Your Motor Vehicle and/or other
     Vehicle.                                              insured property become unavailable in Australia, We
                                                           will reimburse You, in accordance with the Basis of
                                                           settlement, but in no circumstances will We be liable
                                                           for more than the cost of the parts plus the cost of
                                                           freighting such parts by sea transport.
                                                           Should the cost of these parts plus the cost of the
                                                           repairs exceed the Sum Insured or Market Value,
                                                           whichever is the lesser, We reserve the right to declare
                                                           Your Motor Vehicle a Total Loss.

                                                           Financier
                                                           If Your Motor Vehicle is the security for any finance
                                                           agreement, then:
                                                           1.   We have the right to make claim payments to the
                                                                financier; and
                                                           2.   any payment made to the financier will satisfy Our
                                                                obligation to You under this Policy for the amount
                                                                paid.




                                                                                                                         9
     Commercial Motor Insurance Policy terms and condition
     Section 1 - Loss, damage or theft
     of Your Motor Vehicle
     Additional benefits                                          Applicable to Comprehensive cover or Third party
                                                                  property damage including fire and theft cover
     Following an event that triggers a claim under Your
                                                                  only.
     Policy, the following Additional benefits will apply.
     Applicable to Comprehensive cover, Third party               1. Recovery costs following theft
     property damage including fire and theft cover.                  If Your Motor Vehicle is stolen and found We will
                                                                      cover You for up to $3,000 to return Your Motor
     1.   Breach of general Policy conditions                         Vehicle to its normal parked address.
          A breach or non-compliance with any general
          Policy condition without the knowledge of You or        2. Redelivery cost
          any responsible officer will not affect Your right to       We will cover You for up to $3,000 to return Your
          the cover under this Policy. However where You              Motor Vehicle to its normal parked address,
          or any responsible officer becomes aware of such            following repairs to Your Motor Vehicle provided
          breach or non-compliance You will notify Us                 the situation where Your Motor Vehicle was
          immediately. If the risk is acceptable to Us We will        repaired was more than 150 kilometres from Your
          insure it for the remainder of the Period of                Motor Vehicle’s normal parked address.
          Insurance and You will pay any extra premium
          We may require and comply with any additional           3. Automatic additions
          conditions We may impose.                                   We will cover You for any additional or
                                                                      replacement vehicle(s) of a like kind or similar
     2.   Removal of vehicle debris                                   nature to Your Motor Vehicles presently insured
          We will cover You up to a maximum of $20,000                under this Policy, that You purchase or lease
          for the necessary and reasonable costs which                during the Period of Insurance for 30 days.
          You are legally liable to pay to clean up and               If before You have given us full details, the
          remove Your Motor Vehicle debris. This is limited           replacement vehicle is damaged or stolen, the
          to Your Motor Vehicle itself and does not include           maximum amount payable is the purchase price of
          any goods falling from Your Motor Vehicle.                  the replacement vehicle for:
     3.   Waiver of subrogation                                       1.   Comprehensive cover – up to $300,000; or
          We will not seek recovery between the persons,              2.   Third party property damage including fire and
          companies or firms shown in Your Policy                          theft cover – up to $10,000.
          Schedule as the insured.
                                                                      If You give Us details of any new or replacement
                                                                      vehicle within 30 days of its purchase or lease, We
     4.   Choice of repairer
                                                                      will insure it for the remainder of the Period of
          You may choose any licensed repairer to repair              Insurance, as long as it is acceptable to Us and
          Your Motor Vehicle. However We may invite,                  You pay any additional premium that We may
          accept, adjust or decline estimates or arrange to           require.
          move Your Motor Vehicle to another repairer
          acceptable to both of us.                                   We will not cover You if You do not advise Us
                                                                      within 30 days of purchase or lease.
     5.   Car sharing
          Payment made by passengers, as part of a car
          sharing agreement for social or other similar
          purpose, including travelling to and from work will
          not constitute the conveyance of passengers for
          hire, fare or reward provided that the total
          contribution received for the journey does not
          involve commercial use for profit.

     6.   Fire brigade and/or emergency services
          charges
          If We agree to pay a claim under the Policy and
          You are legally liable for fire extinguishment costs
          charged by the Fire Brigade or emergency
          services costs, We will pay up to $20,000 during
          any one Period of Insurance only.




10
Commercial Motor Insurance Policy terms and condition
Section 1 - Loss, damage or theft
of Your Motor Vehicle
Additional benefits                                               4.   where Your Motor Vehicle is financed, Your
                                                                       financier has given Us written consent.
Applicable to Comprehensive cover only.
                                                                  At all times We will not pay more than the Sum
1.   Towing costs                                                 Insured (which includes any extras).
     We will cover the costs of:                                  If a new replacement Motor Vehicle is not
     1. towing Your Motor Vehicle to:                             available, We will replace Your Motor Vehicle with
        a. the nearest repairer; or                               the nearest equivalent vehicle available, so long
          b.   a place of safety; or                              as it is available in Australia. If We cannot agree
                                                                  on a replacement vehicle, We will pay You the
          c.   to any other place that We first approve;          amount it would cost to buy a new vehicle the
     2.   plus the reasonable cost of protecting Your             same as, or a near equivalent of, Your Motor
          Motor Vehicle;                                          Vehicle which needs replacing.
     following loss or damage covered under this                  If an Excess is applicable it is payable to Us before
     Policy.                                                      We replace Your Motor Vehicle.
                                                                  We will also pay the registration for the period
2.   Trailer cover                                                registered but not exceeding 12 months, stamp
     We will pay for theft, or accidental loss or damage          duty and dealer charges on the new replacement
     to any trailer with a Gross Vehicle Mass of less             Motor Vehicle but any refund of registration fees or
     than 2,000 kilograms (other than a caravan)                  stamp duty applicable in respect to the Total Loss
     which is owned by You while it is:                           Motor Vehicle must be refunded to Us.
     1.   attached to Your Motor Vehicle; or                      Where Your Motor Vehicle does not meet all of the
     2.   detached from Your Motor Vehicle but within             criteria above, all Total Loss claims will be settled
          Your business premises or the domestic land             on the declared Sum Insured or the current Market
          boundaries of your usual home as long as it             Value at the time of the loss or damage, whichever
          was not in a common area of home units,                 is the lesser.
          flats and the like.                                     Where You choose to insure the replacement
     We will not pay for any property in or on the trailer.       vehicle with Us and We accept the risk, We will
     The maximum amount we will pay is the Market                 charge you a pro rata premium from the date of
     Value of the trailer, up to $1,000.                          acceptance to the expiry date of the Policy.

3.   Sign writing                                             6. Agreed Sum Insured
     We will cover You for loss or damage to sign                 Where Your Motor Vehicle is a rigid truck or prime
     writing or fixed advertising signs or materials              mover and it has a 3,500 kilogram GVM or greater
     forming a permanent part of Your Motor Vehicle               or a trailer with a GTM of 3,500 kilograms or
     at the time of the loss or damage.                           greater and provided the age of the Motor Vehicle
                                                                  at the time of such loss or damage, was not in
4.   Maritime liability                                           excess of 24 months from the date of original
     If Your Motor Vehicle is being transported by sea            registration as a new vehicle, by You, We will, in the
     between Australian ports, We will cover You for              event of Your Motor Vehicle being classed as a
     Your contribution for Your Motor Vehicle if                  Total Loss under this Policy, pay the Sum Insured
     “general average” is declared.                               declared to Us, as the value of the unit at the
                                                                  commencement of the current Period of Insurance.
     General average is declared when goods or cargo
     are thrown overboard or other steps are taken to         7. Hire vehicle cost following theft
     safeguard the vessel and the remaining property              If Your Motor Vehicle is stolen and the theft is
     on the vessel. All cargo owners share the                    covered under this Policy, We will cover You up to
     expenses or salvage costs incurred by a ship                 a maximum of $5,000 for the reasonable costs of
     owner in preserving the vessel and cargo                     hiring a similar vehicle provided:
     including claims costs incurred by cargo owners.
                                                                  1.   We do not pay for hiring charges incurred
5.   New Motor Vehicle replacement                                     after the date of recovery of Your Motor
     Where Your Motor Vehicle is a sedan, station                      Vehicle, if it can be driven;
     wagon, panel van, 4x4, utility, goods carrying               2.   cover is limited to 30 days and will cease once
     Motor Vehicles with a 3,500 kilogram GVM or                       We pay Your claim, or Your Motor Vehicle is
     lesser, or a minibus with a Carrying Capacity of                  repaired if un-drivable.
     not greater than 15 persons, We will replace Your
     Motor Vehicle with a new vehicle of the same
     make, model or series so long as it is available
     within Australia; and
     1.   Your Motor Vehicle is declared a Total Loss
          by Us; and
     2.   You purchased the vehicle new from the
          manufacturer or their dealer; and
     3.   Your Motor Vehicle is less than 24 months
          old from when it was first registered; and

                                                                                                                           11
     Commercial Motor Insurance Policy terms and condition
     Section 1 - Loss, damage or theft
     of Your Motor Vehicle
     Additional benefits                                         11. Lease, hire purchase or financial agreement
          3.   You will need to organise and pay for the hire        payout
               vehicle. We are not responsible for ensuring          Where:
               that a hire vehicle is available. You must also       1. Your Motor Vehicle is declared a Total Loss;
               give Us a copy of the rental agreement and               and
               any receipts for the hire vehicle before We
                                                                     2. Your Motor Vehicle is subject to a lease, hire
               will reimburse you.
                                                                        purchase or any financial agreement through
          We will not pay for:                                          a financial institution directly related to
          1.   running costs, including the costs of fuel;              financing of the Motor Vehicle purchase; and
          2.   damage to the hire vehicle;                           3. the payout amount exceeds the agreed Total
                                                                        Loss amount;
          3.   any insurance, insurance excess or other
               costs You may be liable for under the hire            We will pay:
               vehicle rental agreement.                             1. the agreed Total Loss amount; and

     8.   No claim discount                                          2.  an additional amount of up to 25% of the Total
                                                                         Loss amount;
          If Your Motor Vehicle is insured for
          Comprehensive cover and You do not have a                  provided:
          claim, We will apply a discount to Your next year’s        1.   this amount and the Total Loss amount do not
          renewal premium. This reward is called the ‘No                  exceed the financial payout figure;
          Claim Discount’.                                           2.   that any payment over the agreed Total Loss
          The more ‘claim free’ years that You have, the                  amount does not include any amounts that
          greater the percentage of discount, until You                   are in arrears at the time of loss;
          reach the maximum level of discount after five             3.   that any additional payment over and above
          years. Even if You have a claim where Your no                   the agreed Total Loss amount will include any
          claim discount would be affected, You may not                   discounts applicable for full payment of the
          lose all Your no claim discount. If You have a                  financial contract.
          claim and You have not accumulated any no
          claim discount We may increase your invited                This Additional benefit - Lease, hire purchase or
          renewal premium.                                           financial agreement payout does not:
          We also accept the number of claim free years              1.   provide cover where the loss or damage is
          that You may have accumulated with another                      caused by theft or fire (other than fire as a
          insurer in calculating your No Claim Discount.                  result of impact);
                                                                     2.   apply where Your Motor Vehicle is older than
     9.   Accidents/losses affecting your no claim                        10 years of age since it was first registered as
          discount                                                        a new vehicle.
          When calculating Your renewal premium We take
          into account Accidents/losses that occur during        12. Funeral expenses
          the Period of Insurance that affect Your no claim          If, as a result of an Accident, in Your Motor Vehicle
          discount.                                                  covered under this Policy, Your driver sustains a
                                                                     fatal injury, whether or not death occurs at the time
     10. Faultless no claim discount                                 of the loss, We will pay for associated burial or
          If Your Motor Vehicle has been involved in a               cremation costs and travel costs within Australia
          collision with another vehicle (and not any other          for the deceased driver or any member of the
          type of Accident) We will not penalise Your no             immediate family.
          claim discount entitlement when You renew Your             We will pay up to $5,000, during any one Period of
          Policy if:                                                 Insurance.
          1.   You can satisfy Us that the collision was             This Additional benefit – Funeral expenses will not
               totally the fault of the driver of another            be reduced by any Accident compensation.
               vehicle; and
          2.   You tell Us the registration number of the        13. Tyre replacement
               other vehicle, the full name, licence number
                                                                     If We agree to pay a claim and any tyre cannot be
               and address of the other driver.
                                                                     used as a direct result of damage sustained from a
          We give this benefit only if We are allowed legally        loss covered under this Policy, We will pay for the
          to recover the amount of any loss including any            new replacement cost of a similar make and
          applicable Excesses from the third party.                  specification.
                                                                     This Additional benefit is applicable provided that
                                                                     the condition of the damaged tyre’s remaining
                                                                     tread conforms with legal requirements at the time
                                                                     of damage and it was not a recapped or retread
                                                                     tyre.




12
Commercial Motor Insurance Policy terms and condition
Section 1 - Loss, damage or theft
of Your Motor Vehicle
Additional benefits                                            b.   compensation under the scheme had not
                                                                    been refused, because You did not register
14. Locks and keys                                                  Your Motor Vehicle or apply for cover under
    If Your keys are lost, destroyed or damaged, or if              the scheme.
    there are reasonable grounds to believe the keys
    may have been illegally duplicated, We will pay
                                                                      Compensation benefit table
    the costs of replacing and recoding the locks              Disability from an injury        Compensation
    and/or keys.                                             resulting in a compensation          amount
    We will pay up to $5,000 during any one Period of
    Insurance.                                              Permanent Quadriplegia                  $100,000
    This Additional benefit is not subject to loss or       Permanent Paraplegia                    $75,000
    damage to the Motor Vehicle covered under this          Permanent Total Disablement             $50,000
    Policy.
                                                            Permanent loss of entire                $25,000
15. Your driver’s personal property                         sight in both eyes
    We will cover loss or damage to wearing apparel
    and personal property belonging to Your driver          Permanent loss of entire                $10,000
    not otherwise insured, while contained in Your          sight in one eye
    Motor Vehicle.                                          Permanent total loss of or              $10,000
    We will not cover money, securities, jewellery,         loss of use of one limb (at or
    furs, mobile phones, personal music devices,            above the wrist or ankle)
    portable GPS and laptop computers.
    We will pay up to $2,000 for any one Accident,             Where the driver is permanently left with more
    during the Period of Insurance.                            than one disability as shown in the Compensation
                                                               benefit table We will pay only one of the
16. Windscreen or window glass claim                           compensation amounts shown in the
    This Additional benefit is available only for Motor        Compensation benefit table. In such
    Vehicles that are sedans, station wagons, panel            circumstances the highest single level of
    vans, utility, 4x4 or goods carrying vehicles with a       applicable benefit will be paid.
    Gross Vehicle Mass less than 3,500 kilograms.              The medical diagnosis of the injury leading to the
    We will not reduce Your No Claim Discount for              permanent disability must be made within 90 days
    the first Broken windscreen or window glass only           of the date of Accident for any of the benefits to be
    claim in any one annual Period of Insurance.               given.
    For the purpose of this benefit ‘Broken’ means a           The establishment of a permanent disability will be
    fracture that extends through the entire thickness         solely determined by our medical specialist.
    of the glass or where the windscreen is laminated,         We will not pay a benefit claim until the injury is
    a fracture extending through all layers of the             stabilised, or Our medical specialist has confirmed
    lamination, or where the damage is sufficient to           that in their opinion, the injury is of a permanent
    prevent registration by the appropriate authorities.       nature and the injury will not be likely to
                                                               significantly improve.
17. Driver Accident compensation
    We will pay the following compensation to a driver         Unless the injured driver undergoes all medical
    of Your Motor Vehicle who is injured and who as            examinations organised by Us in order to assess
    a direct result suffers a permanent disability, as         the claim no compensation will be payable by Us.
    defined and as a result of the Accident while              We will arrange the examinations and pay the
    driving Your Motor Vehicle.                                costs associated which includes reasonable travel
                                                               expenses for any examinations arranged by Us.
    Compensation will only be payable if:
    1. the driver was driving Your Motor Vehicle           18. Redelivery of driver
       with Your consent and is licensed to drive              Subject to a valid claim under Section 1 – Loss,
       such a vehicle;                                         damage or theft of Your Motor Vehicle of this
    2. the driver was not under the influence of               Policy and the location of the Accident being
       alcohol or any narcotic, depressant, stimulant          outside 150km from Your base of operations, We
       or hallucinogenic drug, as defined under                will pay the reasonable costs up to $5,000 to
       General exclusion 7. d.;                                return your driver(s) to Your base of operations or
                                                               the final destination of the scheduled journey.
    3. the claim has been accepted under this                  Costs exclude emergency medical transportation.
       Policy; and
    4. the driver is not entitled to any benefits under
       any compulsory statutory insurance scheme
       or accident compensation scheme or would
       have been so entitled if:
        a.   it were not for the application of any
             excess or deductible applying under the
             scheme; or


                                                                                                                       13
     Commercial Motor Insurance Policy terms and condition
     Section 1 - Loss, damage or theft
     of Your Motor Vehicle
     Additional benefits                                        Applicable to Third party property damage
                                                                including fire and theft cover or Third party
     19. Advanced expenses                                      property damage only.
         Cover provided by this Policy shall also include
         the reasonable costs for express cartage,              1. Uninsured motorist’s benefit
         overtime, night and weekend pay rates incurred             At Our option We will either:
         with repair of the damage to Your Motor Vehicle            1. repair Your Motor Vehicle to its condition
         that We have accepted as an Accident covered                   immediately prior to the time of loss; or
         by this Policy.                                            2.   pay You the cost of repairs to Your Motor
         At all times We will pay:                                       Vehicle;
         1. a maximum of $5,000 any one loss; or                    resulting from accidental loss or damage to Your
         2. an additional 50% of the average market                 Motor Vehicle if You can satisfy Us that the
              costs for such services;,                             Accident which gave rise to the claim was totally
                                                                    the fault of the driver of another vehicle; and
         whichever is the lesser.
                                                                    1.   You tell us the registration number of the
     20. Travel expenses                                                 other vehicle and the name and address of
         Where We have accepted the incurred loss,                       the driver of the other vehicle; and
         damage or liability as an Accident covered by this         2.   at the time of the loss or damage the:
         Policy and the driver of Your Motor Vehicle has
         been hospitalised due to injury sustained in the                a.   driver of the other vehicle was not insured
         Accident We will pay the reasonable cost of                          for their third party liability; and
         domestic transport and domestic accommodation                   b.   other vehicle was not owned or registered
         for an individual family member of the driver to                     in Your name or in the name of a person
         visit the driver in hospital.                                        who is a relative of Yours or any person
         The maximum we will pay for this Additional                          with whom You normally reside.
         benefit is $2,500 in any Period of Insurance.              The maximum amount We will pay under this
                                                                    Additional benefit for all claims from any one
     21. Motor Vehicle repatriation costs                           Accident or series of Accidents arising out of the
         Where Your Motor Vehicle becomes                           one cause or event is:
         unintentionally immobilised on a work site or in a
         physical situation whilst being used as part of            1.   $5,000; or
         Your normal business operations We will cover              2.   the Market Value of Your Motor Vehicle at the
         the cost of recovery or removal toward                          time of the loss or damage;
         mobilisation of Your Motor Vehicle.                        whichever is the lesser.
         We will not pay if the immobilisation is as a result       If We pay You the Market Value of Your Motor
         of electronic, electric, mechanical failure or             Vehicle, then Your Motor Vehicle in its damaged
         malfunction, or normal wear and tear.                      condition will become (at Our option), Our
         We will pay you the cost expended, excluding any           property.
         allowance for profit.
         At all times We will pay a maximum of $20,000
         during the Period of Insurance for this Additional
         benefit.




14
Commercial Motor Insurance Policy terms and condition
Section 2 - Third party liability
(applicable to registered Motor Vehicles only)

Cover                                                       Your liability as principal
Property damage                                             We will cover Your legal liability to pay for accidental
                                                            damage to property belonging to others in respect of
Provided Your Motor Vehicle is registered in                any vehicle not owned or supplied by You or hired to
accordance with the requirements of state and or            You, which is in the charge of or is being driven by a
territory laws, we will cover the amount You may be         person authorised to use the vehicle on Your behalf
held legally liable to pay for accidental damage to         and in connection with Your business.
property belonging to others (excluding goods carried)
caused by or arising out of:
                                                            Supplementary bodily injury
1.   the use of Your Motor Vehicle or any trailer or
                                                            We will pay the amount which You, or any person
     caravan attached to Your Motor Vehicle, whether
                                                            driving, using or in charge of Your Motor Vehicle with
     or not it belongs to You;
                                                            Your permission may be held legally liable to pay by
2.   goods falling from Your Motor Vehicle;                 way of compensation or damages for death or bodily
3.   the transportation of Dangerous Goods. The             injury to persons arising out of the use of Your Motor
     maximum amount We will pay for Property                Vehicle in Australian states and territories only.
     damage is $1,000,000 unless shown elsewhere in         We do not cover:
     Your Policy Schedule;
                                                            1.   legal liability for death or bodily injury to:
4.   any person who is driving, using or in charge of
                                                                 a.   You or any person driving, using or in charge
     Your Motor Vehicle with Your permission as if
                                                                      of Your Motor Vehicle
     they were You and provided they are not entitled
     to indemnity under any other policy or statute and          b.   an employee of Yours or who is deemed by
     provided such cover is not otherwise excluded.                   any law to be Your employee, arising out of
                                                                      their employment with You.
Pollution                                                   We do not provide cover:
Cleanup costs following pollution or contamination of       1.   if Your Motor Vehicle is not registered:
water, land or the atmosphere following an Accident
                                                            2.   if You or any person using Your Motor Vehicle:
covered under the Policy. The maximum amount We
will pay for Pollution is $1,000,000.                            a.   is wholly or partly covered under any
                                                                      compulsory statutory insurance scheme or
Substitute Motor Vehicle                                              accident compensation scheme; or
We cover Your legal liability to pay for accidental              b.   would have been entitled to be covered under
damage to property (otherwise covered under this                      any such scheme as it existed at the
Section) caused by a vehicle being used by You as a                   commencement date of the relevant Period of
substitute vehicle while Your Motor Vehicle is being                  Insurance, even though there may have been
serviced, repaired or is not driveable.                               a change in the law during that Period of
                                                                      Insurance; or
Substitute Motor Vehicle cover will only apply if:
                                                                 c.   would have been entitled to be covered under
1.   one substitute vehicle is being used at any one                  any such scheme if it were not for the
     time in place of Your Motor Vehicle; and                         application of any excess or deductible
2.   the substitute vehicle is not already covered                    applying under the scheme; or
     under another insurance policy; and                         d.   would have been entitled to be covered under
3.   the substitute vehicle is not owned by You and                   any such scheme had cover not been refused
     You have the owners permission to drive the                      because You did not:
     substitute vehicle.                                              i.    register Your Motor Vehicle;
                                                                      ii.   apply for cover under the scheme;
Your employer’s or principal’s liability
We will pay the amount Your employer, principal or                    iii. comply with a term or condition of the
partner may be held legally liable to pay, for accidental                  scheme;
damage to property (which is otherwise covered under        3.   whilst Your Motor Vehicle is being loaded or
this Section) while You are using Your Motor Vehicle             unloaded;
for their business, as long as it is not a use that is      4.   if Your Motor Vehicle is registered in the Northern
excluded by this Policy as described under Business              Territory of Australia.
Use.
                                                            Legal costs
                                                            1.   We will pay Your reasonable legal costs and
                                                                 expenses in defending or settling claims if You
                                                                 have Our agreement in writing. We pay this in
                                                                 addition to the amount payable under Section 2 –
                                                                 Third party liability.




                                                                                                                       15
     Commercial Motor Insurance Policy terms and condition
     Section 2 – Third party liability                               Policy Excess(es)
     (applicable to registered Motor Vehicles only)

     Basis of settlement                                             What You must pay if You make a claim
     The maximum amount We will pay under Section 2 –                Excess
     Third party liability in respect of all claims arising out of
                                                                     If We accept Your claim You must pay the total amount
     one incident or series of incidents arising out of one
                                                                     of the applicable Excesses. We will tell You if the
     cause or event will not exceed:
                                                                     Excess must be paid to the repairer or Us. However, if
     1.    a.   $1,000,000 for the transportation of                 Your Motor Vehicle is a Total Loss, We may deduct
                Dangerous Goods; or                                  any Excess that You must pay from any payment We
           b. $1,000,000 for Pollution;                              make.
           where they apply; or                                      Depending on the age or experience of the driver, and
                                                                     whether a rigid body tipper or tipping trailer is insured
     2.    $32,500,000 for other losses, any one event               under this Policy, You may have to contribute more
           under Section 2 – Third party liability.                  than one Excess. Each Excess is shown in Your Policy
                                                                     Schedule and is explained below.

     Exclusion applying to this section                              Where more than one Motor Vehicle covered under
                                                                     this Policy is involved in an incident giving rise to a
     Property damage – property in your care,                        claim, You will have to pay the applicable Excesses in
     custody or control                                              respect of each Motor Vehicle insured.
     We do not cover the legal liability of You or the driver of
     Your Motor Vehicle, for damage to any property                  Standard Excess
     belonging to You or the driver of Your Motor Vehicle or         You will have to pay a standard Excess for every claim.
     any property belonging to any other party in Your or the        This amount is shown in Your Policy Schedule as the
     driver’s care, custody or control, except for premises          standard Excess.
     leased or rented to You or where detailed in Special
     clause – Non-owned trailers.                                    Age or inexperienced driver Excess
     However, We will not treat Your employees’ or visitors’         In addition to the standard Excess, You will have to pay
     vehicles including their contents while contained within        an age Excess or inexperienced driver’s Excess if at
     a car park owned, operated or provided by You, as               the time of any incident giving rise to a claim Your
     property in Your care, custody or control.                      Motor Vehicle is driven by a person who:
                                                                     1.   is under the age of 21; or
                                                                     2.   is aged 21 or more but under the age of 25; or
                                                                     3.   is aged 25 or more but has not held an Australian
                                                                          driver’s licence for two or more years for the type
                                                                          of vehicle being driven at the time of the Accident.
                                                                     You will not have to pay this additional Excess for
                                                                     Motor Vehicles that are sedans, station wagons, panel
                                                                     vans, utility, 4x4 or goods carrying vehicles with a
                                                                     Gross Vehicle Mass less than 3,500 kilograms, if the
                                                                     only damage to Your Motor Vehicle is a Broken
                                                                     windscreen or window glass or caused by storm or hail
                                                                     damage. The conditions in Additional benefit – Window
                                                                     or window glass claim will apply.
                                                                     The amount of the Age or inexperienced driver Excess
                                                                     is shown in Your Policy Schedule.




16
Commercial Motor Insurance Policy terms and condition
Policy Excess(es)

What You must pay if You make a claim                            Theft Excess
                                                                 If Your Motor Vehicle is stolen You must pay an
Heavy Motor Vehicle inexperienced driver                         Excess for theft if shown in Your Policy Schedule, in
Excess                                                           addition to any other Excesses payable.
Age or inexperienced driver Excess for Heavy
Motor Vehicles (Motor Vehicles with a Gross                      Outside of radius Excess
Vehicle Mass or Gross Combination Mass of 12,000                 Applicable to Motor Vehicles with a GVM greater
kilograms or greater).                                           than 3,5000 kilograms and less than 12,000
Where a rigid body Motor Vehicle with a Gross Vehicle            kilograms.
Mass or Gross Combination Mass of 12,000 kilograms               If Your Motor Vehicle is outside a radius of 250
or greater is, at the time of an incident, being driven by       kilometres or the radius shown in Your Policy Schedule
or is in the charge of a person under 21 years of age,           from Your home base(s) or depot(s) at the time of an
or the person driving or in charge of the Motor Vehicle          Accident then the total Excesses payable will be an
has less than two years driving experience in Australia          additional 100% of your standard Excess and an
for these Motor Vehicles at the time of the incident an          additional premium will be payable (determined by Us)
Excess of $20,000 per vehicle will apply.                        for the change in business operations.
Where an articulated Motor Vehicle with a Gross                  Applicable to Motor Vehicles with a GVM/GCM
Combination Mass of 12,000 kilograms or greater is, at           greater 12,000 kilograms.
the time of an incident, being driven by or is in the
                                                                 If Your Motor Vehicle is outside a radius of 250
charge of a person under 25 years of age, or the
person driving or in charge of the Motor Vehicle has             kilometres or the radius shown in Your Policy Schedule
                                                                 from Your home base(s) or depot(s) at the time of an
less than two years driving experience in Australia for
                                                                 Accident then the total Excesses payable will be:
these Motor Vehicles at the time of the incident an
Excess of $20,000 per vehicle will apply.                        1.   an additional 100% of Your standard Excess; or
                                                                 2.   $10,000;
Undeclared driver’s Excess                                       whichever is the greater.
Only applicable if noted in Your Policy Schedule
                                                                 An additional premium will be payable (determined by
In addition to any other Excesses which apply, You will          Us) for the change in business operations.
have to pay an undeclared driver’s Excess if, at the
time of an incident which gives rise to a claim, Your
Motor Vehicle was being driven by or in the charge of a          Learner driver Excess
person:                                                          If at the time of a loss or damage a licensed learner
                                                                 driver is in control of the Motor Vehicle the Excesses
 1.   who is a member of Your family and they normally           that will apply are those that would have applied to the
      live with You; and
                                                                 licensed passenger who is instructing the learner.
 2.   whose name has not been shown as a driver in
      Your Policy Schedule.
You will not have to pay this Excess if:                         What You will not have to pay if You make
1.    the driver of Your Motor Vehicle is over 25 years
                                                                 a claim
      of age and has not been convicted of driving               Applicable to Comprehensive cover only.
      under the influence of alcohol or had their licence        Applying only to Motor Vehicles that are sedans,
      suspended or cancelled in the five years                   station wagons, panel vans, 4x4 or goods carrying
      immediately before the Accident or loss; or                vehicles with a Gross Vehicle Mass less than 3,500
2.    You satisfy us that an emergency existed; or               kilograms.
3.    the use of Your Motor Vehicle is shown as                  You will not have to pay an Excess if:
      business in Your Policy Schedule; or                       1.   You can satisfy Us that the claim involves a
4.    the only damage to Your Motor Vehicle is a                      collision with another vehicle and the collision
      Broken windscreen, window glass, hail damage,                   which gave rise to the claim was totally the fault of
      or loss or damage which occurs when the Motor                   the driver of another vehicle; and
      Vehicle is parked or unattended.                           2.   You tell us the registration number of the other
                                                                      vehicle and the full name, licence number and
The amount of the undeclared driver’s Excess is shown
                                                                      address of the other driver; and
in Your Policy Schedule if applicable.
                                                                 3.   the amount of Your claim exceeds the applicable
Tipping Excess                                                        Excesses under the Policy.
If any rigid truck, rigid trailer or articulated trailer         We give this benefit only if We are allowed legally to
covered under this Policy is involved in an event giving         recover the amount of any loss including any
rise to a claim whilst the tipping hoist is partially or fully   applicable Excesses from the third party.
extended or in the process of being extended or                  Where the driver of the other vehicle disputes who was at
retracted, the standard Excess shown in Your Policy              fault, You must pay any Excess which applies but We will
Schedule will be increased by 100% for each Motor                refund it if We are successful in establishing that the
Vehicle that is subject to claim. Any other applicable           other driver was at fault.
Excesses that are additional to the standard Excess
will also apply and are cumulative.


                                                                                                                              17
     Commercial Motor Insurance Policy terms and condition
     Special clauses

     The following special clauses will only apply if shown in     Tools and equipment
     Your Policy Schedule.
                                                                   It is agreed We will cover Your tools and equipment of
     Dangerous Goods                                               trade for loss or damage caused by:
     It is agreed that provided that the transportation of         1.   fire, lightning, explosion, malicious damage or
     Dangerous Goods is limited to classes 2, 3, 4, 5, 8 and            vandalism whilst secured on or in Your Motor
     9 as listed under The Australian Code for the Transport            Vehicle;
     of Dangerous Goods by Road and Rail, the maximum
                                                                   2.   theft following forcible and violent entry which
     amount We will pay under Section 2 – Third party
     liability for Property damage is amended for Dangerous             causes visible damage to a locked Motor Vehicle;
     Goods:                                                        3.   theft when securely attached to Your Motor
     1.      to the amount; and                                         Vehicle through the use of locks or padlocks,
                                                                        which results in visible damage to the securing
     2.   for the registration number(s) of Your Motor                  devices;
          Vehicle(s);
                                                                   4.   collision or overturning of the conveying Motor
     shown in Your Policy Schedule.                                     Vehicle.
                                                                   The amount of cover provided by this Optional benefit
     Radius restriction                                            is limited to a total of $5,000 (up to $1,000 per item) in
     It is agreed that in respect of the Motor Vehicle Excess      any one Period of Insurance.
     that no additional Excess applies, whilst operating
                                                                   At Our option, We will pay the lesser of:
     within the kilometre radius of Your home, base(s) or
     depot(s), shown in Your Policy Schedule.                      1.   the cost of repair or replacement of the lost or
                                                                        damaged item; or
     Non-owned trailers                                            2.   the current Market Value of the lost or damaged
     It is agreed that We will cover You for loss or damage             item.
     to any one trailer and its dolly (if applicable) under Your   If only part of the item is damaged, We will only pay for
     lawful custody or control whilst being used by You in         that part plus the cost of any necessary dismantling
     conjunction with Your business. The basis of cover is         and reassembling.
     as per Section 1 – Loss, damage or theft of Your Motor
                                                                   You must pay an Excess of $250 for each claim made
     Vehicle and Section 2 – Third party liability (applicable
                                                                   under this special clause –Tools and equipment.
     to registered Motor Vehicles only).
     This Optional benefit is limited, at all times, to the:       Underground pipes and cables
     1.   Sum Insured; or
                                                                   Where this special clause is shown in Your Policy
     2.   Market Value;                                            Schedule it is agreed that General exclusion 15. is
     whichever the lesser;                                         deleted and that this Policy will cover You, under the
                                                                   provisions of this Policy, for Your legal liability arising
     as shown in Your Policy Schedule for non-owned
                                                                   out of any damage to, or as a result of damage to any
     trailers liability.
                                                                   underground sewers, water pipes, gas pipes, electric
     An Excess of $2,500 will apply to any one trailer and/or      wire cables or their supports including any transmission
     its dolly in total as the standard Excess. Additional         cables and their supports or any other underground
     Excesses may apply as shown in this Policy or in Your         pipes or cables or their supports (underground
     Policy Schedule.                                              services) provided You have ascertained the actual
                                                                   position of these underground services from the
     Windscreen Excess protection                                  relevant authorities prior to commencement of any
                                                                   excavation.
     If the only damage in an Accident is a Broken
     windscreen or window glass the standard Excess                The amount of cover provided by this special clause is
     shown in Your Policy Schedule does not apply for any          limited to $100,000 any one incident.
     windscreen or window glass claim.                             The Excess for this special clause is $500.
     For the purpose of this Special clause – Windscreen
     Excess protection:
     ‘Broken’ shall mean a fracture that extends through
     the entire thickness of the glass or where the
     windscreen is laminated, a fracture extending through
     all layers of the lamination or where the damage is
     sufficient to prevent registration.




18
Commercial Motor Insurance Policy terms and condition
Special clauses

Applicable to Motor Vehicles with a Gross Vehicle          Applicable to Comprehensive cover only where
Mass greater than 3,500 kilograms only.                    vehicles are sedans, station wagons, panel vans,
                                                           4x4 or goods carrying vehicles with a Gross
Heavy vehicle hire costs following an                      Vehicle Mass less than 3,500 kilograms only.
Accident                                                   Agreed Value
If Your Motor Vehicle is damaged in an Accident which      We will, at Our option:
is covered under this Policy, and We have agreed to
                                                           1. replace Your Motor Vehicle with an equivalent
pay Your claim, We will reimburse You for the costs
                                                              Motor Vehicle; or
You incur of hiring a vehicle up to the limit shown in
Your Policy Schedule whilst Your Motor Vehicle is          2. pay the Agreed Value shown in Your Policy
being repaired or if it is deemed a Total Loss.               Schedule.
We will reimburse You an amount up to the limit shown
in Your Policy Schedule:
                                                           Hire vehicle costs following an Accident
                                                           If Your Motor Vehicle is damaged in an Accident which
1.   for a maximum of 30 days; or                          is covered under this Policy, and We have agreed to
2.   until Your Motor Vehicle is repaired; or              pay Your claim, We will reimburse You for the costs
3.   until we pay your claim;                              You incur of hiring a vehicle while Your Motor Vehicle
                                                           is being repaired or if it is deemed a Total Loss.
whichever happens first.
                                                           We will reimburse You an amount up to the maximum
This cover will commence two days after the date Your      daily rate shown in Your Policy Schedule:
Motor Vehicle is taken to the repairer provided We are
notified at that time and You have hired a substitute      1.   for a maximum of 30 days; or
vehicle.                                                   2.   until Your Motor Vehicle is repaired; or
You will need to organise and pay for the hire vehicle.    3.   until We pay Your claim;
We are not responsible for ensuring that a hire vehicle    whichever happens first.
is available. You must also give Us a copy of the rental
agreement and any receipts for the hire vehicle before     The cover will commence on the date Your Motor
We will pay You.                                           Vehicle is taken to the repairer provided We are
                                                           notified at that time.
If the cost of the hire vehicle is more than the maximum
daily rate shown in Your Policy Schedule, You will have    You will need to organise and pay for the hire vehicle.
to pay the difference.                                     We are not responsible for ensuring that a hire vehicle
                                                           is available. You must also give us a copy of the rental
We do not pay for:                                         agreement and any receipts for the hire vehicle before
1.   additional hiring costs;                              We will pay You.
2.   running costs, including the costs of fuel;           If the cost of the hire vehicle is more than the maximum
3.   damage to the hire vehicle;                           daily rate shown in Your Policy Schedule, You will have
                                                           to pay the difference.
4.   any insurance, insurance excess or other costs
     You maybe liable for under the hire vehicle rental    We do not pay for:
     agreement.                                            1.   additional hiring costs;
We will not cover You under this special clause if:        2.   running costs, including the costs of fuel;
1.   the only damage to Your Motor Vehicle is to its       3.   damage to the hire vehicle;
     windscreens or window glass, or                       4.   any insurance, insurance excess or other costs
2.   Your Motor Vehicle is stolen, because You may              you maybe liable for under the hire vehicle rental
     be able to claim under the ‘Hire vehicle costs             agreement.
     following theft’ additional benefit.                  We will not cover You if:
                                                           1.   the only damage to Your Motor Vehicle is to the
                                                                windscreens or window glass; or
                                                           2.   Your Motor Vehicle is stolen, because You may be
                                                                able to claim under the Additional benefit - Hire
                                                                vehicle costs following theft.

                                                           Protected no claim discount
                                                           If You are involved in an Accident and You make a
                                                           claim where Your no claim discount would normally be
                                                           affected, then Your no claim discount entitlement will
                                                           not be reduced at renewal of Your Policy provided You:
                                                           1.   are, at the time of the Accident, on maximum no
                                                                claim discount; and
                                                           2.   do not have more than one claim, where this
                                                                special clause – Protected no claim discount is
                                                                applicable, in any one annual Period of Insurance.



                                                                                                                      19
     Commercial Motor Insurance Policy terms and condition
     General exclusions applicable to the Policy

     This Policy excludes loss, damage, destruction, death,         We will not cover
     injury, illness, liability, cost or expense of any nature
                                                                    1.   damage to Your Motor Vehicle’s tyres caused by
     directly or indirectly caused by, contributed to by,
                                                                         application of brakes, road punctures, cuts or
     resulting from, arising out of or in connection with any
                                                                         bursting, unless caused as a result of an Accident
     of the following, regardless of any other cause or event
                                                                         covered under the type of cover you have selected
     contributing concurrently or in any other sequence to
                                                                         or by people acting maliciously;
     the loss:
     1.   War                                                       2.   loss of or damage to Your Motor Vehicle:
          War, invasion, acts of foreign enemies, hostilities            a.   due to depreciation, wear, tear, rust or
          or war-like operations (whether war be declared                     corrosion;
          or not), civil war, rebellion, revolution,                     b.   or any resultant mechanical damage:
          insurrection, civil commotion assuming the
          proportions of or amounting to an uprising,                         i.    due to failure or breakdown of a
          military or usurped power, confiscation or                                structural, electrical, mechanical or
          nationalisation or requisition or destruction or                          electronic nature, or
          damage to property by or under the order of any                     ii.   to any part of Your Motor Vehicle due to
          government or public or local authority; or                               faulty design or workmanship; or
     2.   Any act(s) of Terrorism                                             iii. due to You driving the Motor Vehicle after
          For the purpose of this exclusion, an act of                             a collision, unless You could not
          terrorism includes any act, or preparation in                            reasonably be expected to know that
          respect of action, or threat of action designed to                       driving the Motor Vehicle after an
          influence the government de jure or de facto of                          Accident could cause such additional
          any nation or any political division thereof, or in                      damage; or
          pursuit of political, religious, ideological or similar             iv. caused by loss of oil or coolant unless
          purposes to intimidate the public or a section of                       whilst Your Motor Vehicle is being driven
          the public of any nation by any person or group(s)                      by a thief.
          of persons whether acting alone or on behalf of or                  However, We will cover damage directly
          in connection with any organisation(s) or                           caused by a collision or fire, to Your Motor
          government(s) de jure or de facto, and which:                       Vehicle, resulting from such failure, as
          a.   involves violence against one or more                          mentioned under b. i. or b. ii. above.
               persons; or                                               c.   if reasonable steps to protect or safeguard
          b.   involves damage to property; or                                Your Motor Vehicle have not been taken;
          c.   endangers life other than that of the person              d.   if at the time of an incident, Your crane was
               committing the action; or                                      lifting, lowering, carrying or suspending a load
          d.   creates a risk to health or safety of the public               in excess of that for which it was constructed,
               or a section of the public; or                                 or for which it was licensed to lift, lower, carry
                                                                              or suspend;
          e.   is designed to interfere with or to disrupt an
               electronic system.                                        e.   or liability where the transportation of any
                                                                              goods or substances which are mentioned as
     3.   Radioactivity                                                       Dangerous Goods, irrespective of the
          Radioactivity or the use, existence or escape of                    quantities, are not being carried in accordance
          any nuclear fuel, nuclear material, or nuclear                      with the requirements of The Australian Code
          waste or action of nuclear fission or fusion.                       for the Transport of Dangerous Goods by
                                                                              Road and Rail;
     This Policy also excludes any loss, destruction,
     damage, death, injury, illness, liability, cost or expense          f.   including any liability, resulting from use of
     of any nature directly or indirectly caused by,                          Your Motor Vehicle when let out on dry hire
     contributed to by, resulting from or arising out of or in                (hired by You to a third party without an
     connection with any action taken in controlling,                         operator) unless We have agreed in writing to
     preventing, suppressing, retaliating against, or                         provide dry hire cover;
     responding to or in any way relating to 1., 2., or 3.               g.   resulting from the incorrect fuel being utilised;
     above.                                                              h.   for liability incurred arising out of the use of
                                                                              Your Motor Vehicle whilst it is underground in
                                                                              a mine or similar whether declared or not.
                                                                    3. any additional costs, such as but not limited to, hire
                                                                       vehicle costs (other than those covered in this
                                                                       Policy), because You cannot use Your Motor
                                                                       Vehicle even though Your Motor Vehicle may not
                                                                       be available following loss or damage covered
                                                                       under this Policy;




20
Commercial Motor Insurance Policy terms and condition
General exclusions applicable to the Policy

We will not cover                                                 e.   whilst Your Motor Vehicle is being used in any
                                                                       experiment or type of test or in preparation for
4.   loss of or damage to:                                             or involved in racing, speed testing, reliability
     a.   any stock in trade including but not limited to              trial, pace making, hill climbing, trial or
          vehicles for sale or on consignment;                         demonstration other than for resale purposes
                                                                       on public roads;
     b.   the drill shaft or bit of any drilling rig or
          machine or implement covered by this Policy             f.   if You:
          whilst in use for the purpose of drilling into               i. carry or tow a load; or
          the ground or below the surface;                             ii. carry a number of passengers;
     c.   any vehicle accessories or appliances due to                 in excess of that for which Your Motor Vehicle
          mechanical or electrical derangement;                        was designed. However We will cover You if
5.   theft of Your Motor Vehicle resulting from Your                   You prove that the loss, damage or liability
                                                                       was not caused by or contributed to by any
     Motor Vehicle being test driven for sale and You
     or an employee of Yours did not accompany the                     such greater load or number of passengers;
     prospective purchaser;                                       g.   while Your Motor Vehicle is being used for
                                                                       conveyance of passengers for hire, fare or
6.   any liability or obligation assumed by You under                  reward;
     any contract, agreement or warranty which would
     not have otherwise arisen or been implied by law;            h.   for any vehicle running on rails or which is not
                                                                       designed to run solely on solid ground;
7.   loss of or damage to Your Motor Vehicle or
                                                                  i.   outside Australia except where Your Motor
     liability:
                                                                       Vehicle is being transported by sea between
     a.   when endeavouring to evade police                            Australian ports;
          apprehension by You or any of Your partners
                                                                  j.   caused or incurred:
          or directors or anyone driving Your Motor
          Vehicle with Your consent;                                   i.    through vibration from You using Your
     b.   if Your Motor Vehicle is used in an unsafe or                      Motor Vehicle, plant, machinery or
                                                                             equipment;
          unroadworthy condition unless such condition
          could not reasonably be detected by You.                     ii.   by atmospheric or climatic type conditions
          This exclusion will not apply if You prove that                    or temperature extremes unless such
          the loss, damage or liability was not caused                       loss, damage or liability is the subject of
          or contributed to by such unsafe or                                cover under this Policy;
          unroadworthy condition;                                      iii. whilst Your lifting device is being used
     c.   resulting from theft by You, Your partners or                     and the load being lifted is shared
          directors, or Your employees;                                     between Your lifting device and any other
     d.   if Your Motor Vehicle is being driven by:                         lifting devices or devices, whether owned
                                                                            by You or not.
          i.   You or by any person with Your consent
                who is not licensed under any relevant            k.   resulting from an intentional act by You or
                law to drive such a vehicle; or                        anyone acting with Your consent;
          ii. anyone whose faculties are impaired by         8.   any fines, penalties, aggravated, punitive,
               any drug or intoxicating liquor; or                exemplary or multiple damages;
          iii. anyone whose blood alcohol reading            9.   Your Motor Vehicle if it has been legally seized or
                exceeds the legal limit (subject to any           repossessed;
                laws to the contrary); or
                                                             10. loss of or damage to any concrete agitator, barrel,
          iv. anyone who following an Accident,                  bowl or pump and/or its fittings caused by, or
               refuses to provide or allow the taking of         arising from the hardening or setting of concrete,
               a sample of breath, blood or urine for            unless as a result of a collision the emptying of
               testing or analysis as required by the law        these items becomes impossible or impractical;
               of any State or Territory in which the
               Accident occurred.
          However We will cover You if You have
          allowed that person to drive Your Motor
          Vehicle and You can prove that You were not
          aware that Your Motor Vehicle was being
          driven by or in charge of that person when
          they were so affected or unlicensed.
          Where permitted by law, We reserve the right
          to recover the amount We pay from the driver
          of Your Motor Vehicle at the time of the loss or
          damage.




                                                                                                                           21
     Commercial Motor Insurance Policy terms and condition
     General exclusions applicable to the Policy

     We will not cover
     11.   You for any breakage of or damage to:
           a.   the boring equipment covered by this Policy
                while the boring machine is in operation;
           b.   the blades and/or associated attachments of
                your plant and/or machinery covered by this
                Policy whilst such plant and/or machinery is
                in operation;
      12. liability arising out of the use of Your:
          a. crane if at the time of an event it is lifting,
                lowering, carrying or suspending any object;
           b.   registered Motor Vehicle, being used as a
                tool, or plant forming part of Your Motor
                Vehicle being used as a tool, operating at
                any work site (excluding while the Motor
                Vehicle is travelling, transporting or carting
                goods);
           c.   Motor Vehicle Airside of or at an Airfield;
     13.   liability arising directly or indirectly from the
           existence, use, transportation, distribution,
           handling, mining and/or storage of asbestos or
           any material containing asbestos;
     14.   Your liability for damage to any land, buildings or
           other fixed property arising directly or indirectly
           from the removal, weakening or interference with
           any support or supports of such land, buildings or
           other fixed property, if such damage is caused by
           Your Motor Vehicle which is involved at the time
           in any digging or excavating;
     15.   Your liability or any resultant damage, in respect
           of loss or damage to any underground sewers,
           water pipes, gas pipes, electric wire cables, or
           their supports including any transmission cables
           and their supports or any other underground
           pipes or cables or their supports if such damage
           is caused by Your Motor Vehicle which is involved
           at the time in any digging or excavating;
     16.   any liability if Your Motor Vehicle or substitute
           vehicle is unregistered. However We will cover
           Your liability in respect of the unregistered Motor
           Vehicle on a public road, if You have obtained the
           appropriate permit to drive the unregistered Motor
           Vehicle on a public road.




22
Commercial Motor Insurance Policy terms and condition
General conditions applicable to the Policy

Changing Your Policy                                        All persons or companies bound by this
If You want to make a change to this Policy, the            Policy and its provisions
change becomes effective when:                              All persons or companies entitled to any benefit under
1.   We agree to it; and                                    this Policy are bound by the terms and conditions of
                                                            this Policy. We may refuse a claim if You or any of
2.   We give you a new Policy Schedule detailing the
                                                            them are in breach of any of the terms and conditions
     change.
                                                            of this Policy including any endorsements noted or
                                                            attached to the Policy Schedule, except as allowed in
Other interests                                             Additional Benefit – Breach of conditions.
You must not transfer any interests in this Policy
without our written consent.                                Other insurance
Any person whose interests You have told us about           If at the time of any event giving rise to a claim under
and We have noted on your Policy Schedule is bound          this Policy there is any other current policy covering
by the terms of this Policy.                                the same loss, damage or liability You must notify Us
                                                            of the other insurance and You must render all
Cancelling Your Policy                                      reasonable assistance to Us in order that We may
                                                            obtain a rateable recovery from any other Insurer.
How You may cancel this Policy
•   You may cancel this Policy at any time by telling       Accidents / losses affect your renewal
    Us in writing that You want to cancel it. You can
    do this by giving the notice to your Elders             premium
    Insurance Authorised Representative.                    When calculating Your renewal premium all claims that
                                                            occur during the Period of Insurance may affect the
•    Where You involves more than one party, We will
                                                            coming year’s renewal premium. Dependant on the
     only cancel the Policy when a written agreement
                                                            number, value and circumstances of those losses it
     to cancel the Policy is received from all parties
                                                            may mean that no renewal terms will be offered after
     named as the insured.
                                                            expiry date of the current Period of Insurance.
How We may cancel this Policy                               In addition if You report an incident or loss after We
•   We may cancel this Policy in any of the                 have advised renewal terms We reserve the right:
    circumstances permitted by law by informing You         1. to revise or withdraw our renewal terms;
    in writing.
                                                            2. where the Policy has been renewed and a claim
•    We will give You this notice in person or send it to      has been reported that occurred in the previous
     Your address last known to us.                            Period of Insurance to charge any additional
The premium                                                    premium relative to the reported loss;
We will refund to You the proportion of the premium for     3. where the Policy has been renewed, to reduce the
the remaining Period of Insurance, less an                     Period of Insurance in proportion to the amount
administration charge of 10% of the unused proportion.         due if that additional amount is not paid within 28
                                                               days of notification.
Notices
Any notice We give You will be in writing, and it will be   Protection of insured Motor Vehicles
effective if it is delivered:                               You must take all reasonable precautions for the care,
1.   to You personally; or                                  safety and protection of the Motor Vehicles covered
                                                            under this Policy and comply with all statutory
2.   or posted to Your address last known to Us, this       obligations, by-laws and regulations imposed by any
     may include electronic addresses such as email         public authority for the safety, use and storage of Your
     accounts.                                              insured Motor Vehicles.
It is important for You to tell Us of any change of
address as soon as possible.

Changes to information previously advised
You must tell us as soon as possible if circumstances
occur, or if changes or alterations are intended or made
which increase the risk of loss, damage or injury.
You must tell Us immediately if there is any change:
1.   to the names of the Motor Vehicle’s owners; or
2.   of use of Your Motor Vehicle(s); or
3.   by way of modification, to the manufacturer’s
     specifications to improve Your Motor Vehicle’s
     performance, but only if Your Motor Vehicle is a
     sedan, station wagon, panel van, 4x4 or a goods
     carrying vehicle with a Gross Vehicle Mass under
     3,500 kilograms.


                                                                                                                       23
     Commercial Motor Insurance Policy terms and condition
     Claims

     How to make a claim                                         What You must not do after an Accident or
     Please contact Your Elders Insurance Authorised             theft
     Representative to make a claim. We will only accept         In the event of an incident that may give rise to a claim,
     responsibility for repairs or payments to third parties     You must not:
     under a claim where You have advised Us beforehand
     and We have accepted Your claim.                            1.   admit liability if an Accident occurs which is likely
                                                                      to result in someone claiming against You;
     Providing proof                                             2.   make an offer, settlement, promise or payment;
     So that Your claim can be assessed quickly You              3.   incur any costs or expenses without Our written
     should keep the following:                                       consent, in respect of any right or claim which may
                                                                      be the subject of a claim by You against Us under
     1.    receipts or other confirmation of the purchase of
                                                                      this Policy;
           Your Motor Vehicle and any accessories; and
                                                                 4.   authorise repairs to Your Motor Vehicle without
     2.    all service and repair records.
                                                                      Our prior consent.
     We may ask You for these if You make a claim.                    However You may authorise:
                                                                      a.   the fitting of an identical replacement
     What You must do after an Accident or                                 windscreen or window glass;
     theft                                                            b.   repairs up to $2,000 (over and above any
     If an incident happens which may give rise to a claim                 applicable Excesses) if You are more than
     You must:                                                             200 kilometres from the normal nightly parked
     1.    take all reasonable steps to protect or safeguard               address and they are necessary to enable
           Your Motor Vehicle from further loss, damage or                 You to continue Your journey.
           theft;
     2.    notify the police immediately if Your Motor           What We will do
           Vehicle or any of Your property is stolen or          We may take over and conduct the defence or
           maliciously or intentionally damaged;                 settlement of any claim or issue legal proceedings for
     3.    tell Your Elders Insurance Authorised                 damages. If We do this We will do it in Your name. We
           Representative as soon as possible. You may be        have full discretion in the conduct of any legal
           provided with a claim form and will be advised on     proceedings and in the settlement of any claim. You
           what to do;                                           must co-operate by giving Us any statements,
                                                                 documents or assistance We require. This may include
     4.    supply Us with all information We require to settle   giving evidence in any legal proceedings.
           or defend the claim;
     5.    notify Us of any other insurance covering the         What can affect a claim
           same loss, damage or liability;
                                                                 We will reduce the amount of a claim by the Excesses
     6.    co-operate with Us fully in any action We take if     shown in the Policy Terms and Conditions or in Your
           We have a right to recover any money payable          Policy Schedule.
           under this Policy from any other person;
                                                                 We may refuse to pay a claim if You are in breach of
     7.    provide to Us full details in writing as soon as      Your Duty of Disclosure or any of the conditions of this
           possible after the happening of any Accident or       Policy, including any endorsements noted on or
           occurrence, which may become the subject of a         attached to Your Policy Schedule.
           claim under this Policy;
                                                                 We pay only once for loss or damage from the same
     8.    send to Us immediately any letter or                  Accident covered by this Policy even if it is covered
           communication from other parties;                     under more than one Part of the Policy.
     9.    tell Us immediately of any notice of impending        We may be entitled to refuse to pay or to reduce the
           prosecution or details of any inquest or official     amount of a claim if:
           inquiry;
                                                                 1. it is in any way fraudulent; or
     10.   give all information and assistance We may
           require to handle any claim that You make under       2. any fraudulent means or devices are used by You
           this Policy.                                             or anyone acting on Your behalf to obtain any
                                                                    benefits under this Policy.
     In an emergency outside normal business hours You
     may call our emergency service on 1800 023 387 for
     assistance.                                                 Repair guarantee
                                                                 If We authorise repairs to Your Motor Vehicle, We will
     If in doubt at any time, call Your Elders Insurance
                                                                 guarantee the quality of the repairs for any defect due
     Authorised Representative.
                                                                 to faulty workmanship or faulty material for the life of
                                                                 Your Motor Vehicle. For entitlement to any repairs
                                                                 under this guarantee You must first allow Us to inspect
                                                                 the Motor Vehicle and We must agree that repairs are
                                                                 necessary.




24
{VXO \ 00030569}

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:10/20/2012
language:English
pages:28