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General conditions
505 by Hiscox
505 by Hiscox
General conditions TRS505-01012007
Introduction
I am delighted that you have chosen Hiscox to protect your personal assets.
We take our responsibility as insurer extremely seriously. I hope for both our sakes that you do
not have a loss, but if you do, I want you to feel that we are there with all our energy to make you
whole again.
If you ever find any part of our service less than satisfactory, please do not hesitate to get in
touch with me personally.
ROBERT HISCOX
Chairman
Table of contents
1. What are your obligations? 1
1.1. To declare the risk and any changes to the existing situation 1
1.2. To pay the premium 1
1.3. To prevent and minimise losses 1
1.4. To notify us and cooperate in the event of a loss 1
2. What are our obligations? 3
2.1. General principles of our policy and general exclusions 3
2.1.1. General principles 3
2.1.2. Exclusions applicable to all covers 3
2.2. The cover and the exclusions specific to each of the covers 3
2.2.1. Fixtures and fittings 3
2.2.2. Contents 5
2.2.3. Your liability by reason of the insured property. 7
2.3. To keep you informed 8
2.4. To intervene in the event of a loss 9
2.4.1. Evaluation of the loss or damage 9
2.4.2. Payment of the claim 9
2.4.3. Expert appraisal 10
2.4.4. Subrogation 10
2.4.5. Recovered property 10
2.5. To adjust the premium 10
2.6. To waive our entitlement to exercise certain rights of recovery 11
3. What is the framework for the policy? 12
3.1. Policy period and period of cover 12
3.2. Indexing the sums insured and changing the rate 12
3.3. What happens in the event of a loss if you fail to meet your obligations 12
3.4. The law applicable to our policy and the courts that would have jurisdiction in the event of litigation 12
3.5. Domicile and correspondence 13
3.6. Definitions (the terms of the policy which have a precise meaning) 13
The words and expressions in italics are defined in the Definitions section included in these general conditions.
4. Hiscox Assistance 16
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General conditions TRS505-01012007
1. What are your obligations?
1.1. TO DECLARE THE RISK We have based our decision to accept this insurance on the information which you provided to
AND ANY CHANGES TO THE us. we agree to cover the risk as it is known to us.
EXISTING SITUATION
However if changes occur during the course of the contract (extensions, improvements,
alterations, acquisitions, new fixtures and fittings, etc.), or if circumstances arise which are likely
to greatly increase the risk on a permanent basis (a changed occupancy, for example), you must
tell us without delay, in order that we can usefully advise you and agree, where necessary, on
changes to the policy. Should we fail to reach an agreement or if we are unable to insure the
increased risk, we reserve the right to cancel the policy.
You must submit for our prior approval any waivers of rights of recovery which you have
given and must let us know whether you took out a mortgage for the purchase of the insured
property.
You must equally notify us of any other insurances which you have taken out to cover your
property or your liability by reason of the insured property.
If you transfer ownership of the insured personal property, the policy shall terminate as from the
moment at which you no longer have possession thereof.
1.2. TO PAY THE PREMIUM Based on the agreed terms and conditions, you must pay the premium which we or your broker
request from you via a notice of payment or a premium notice. Should you fail to do so, we may
suspend the cover afforded under the policy or cancel cover within fifteen days after having
notified you of this.
1.3. TO PREVENT AND MINIMISE It is up to you to take the measures of prevention and protection for the insured property that
LOSSES you are required to take under the policy; if you do not we reserve the right to refuse you cover
under this policy.
1.4. TO NOTIFY US AND TO Whenever a loss occurs and this loss affects your property insured under this policy or relates
COOPERATE to your liability by reason of the insured property, you must notify us of this as soon as possible
IN THE EVENT OF A LOSS and at the latest within eight days of the occurrence of the loss or as soon as you become
aware of it.
If your insured property is affected, to notify us and to cooperate means as far as we are
concerned that:
• you immediately take all reasonable measures to prevent and minimise the consequences of
the loss;
• you immediately notify the public authorities concerned; in the event of loss or theft, you
report the offence to the police and advise the bank where necessary (theft of cheques, of
payment cards or of securities), no later than 24 hours after you became aware of the loss or
theft;
• you inform us in writing at the earliest opportunity of the date and time of the loss, as well as
the known or presumed circumstances and causes of the loss;
• you allow us to inspect the site where the loss occurred in order to record and evaluate the
loss;
• you provide us as soon as possible with a detailed estimate (which you certify as being true
and accurate) of the loss and of the value of the insured property; please also let us know the
identity of the owners;
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• you do not abandon any of the insured property and you keep all the damaged items at our
disposal until the expert appraisal has been completed;
• except where necessary, you do not make any change to the damaged property which is
likely to make it impossible or more difficult to determine the causes of the loss or to estimate
the loss or damage;
• you tell us about any insurance you may have taken out with other insurers to cover the
fixtures and fittings or the contents;
• you do nothing which might hinder the rights of recovery which we might exercise against
any person liable for the loss or damage.
If your liability insured by reason of the insured property is alleged, to notify us and to cooperate
shall also mean that:
• you forward to us all legal documents within 48 hours of their being served (notice,
summons, writ, etc);
• you appear at the hearings and complete the procedural formalities which we ask you to
complete; we reserve the right to assume responsibility for handling the civil proceedings and
all negotiations with third parties, as well as the option of voluntarily applying to be joined to
the civil or criminal proceedings;
• you refrain from admitting any liability, from negotiating, from offering to settle or from settling
the loss or damage (which does not prevent you from providing a victim with material or
medical assistance, or from simply admitting the facts).
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2. What are our obligations?
2.1. GENERAL PRINCIPLES OF 2.1.1. The cover we provide is based on the following principles:
OUR POLICY AND GENERAL • Within the limits of the policy, you are covered for losses affecting the insured
EXCLUSIONS property, with the exception of the losses excluded hereunder.
• You are covered up to the limit of the sums insured appearing in the schedule, subject
to the (non-indexed) limits or sub-limits provided for in the general conditions.
• Where the premium has been paid, you are covered provided the loss occurred during
the policy period, but not if cover has been suspended.
• Cover is subject to the deduction of a non-indexed excess as shown in the schedule,
unless the loss exceeds the sum of EUR 10.000, in which case the excess will not be
applicable. You shall benefit from the sums insured, including the sub-limits set forth in
the general conditions, only once for each loss, irrespective of the number of policies
which you have taken out with us.
• As far as your insured property is concerned, we will not apply any proportional
reduction of the claim payment if you are underinsured.
• We shall indemnify you for the salvage costs reasonably incurred for the purposes
of preventing, stopping or limiting a loss, including the costs of preserving of the
salvaged insured property, up to the limit of the total sum insured.
• We shall pay you for the costs and fees of the second expert, approved by us or
by any recognised loss adjusters association, whom you have appointed to assess
the material damage to the insured property caused by a loss which is covered
hereunder. The amount reimbursed will not exceed the amounts shown in the table
shown below.
INDEMNITY SCALE BASED ON THE ABEX 590 INDEX
Less than EUR 4.000 5%
EUR 4.001-EUR 15.000 EUR 200 + 3.5% for the portion exceeding EUR 4.001
EUR 15.001-EUR 45.000 EUR 600 + 3% for the portion exceeding EUR 15.001
EUR 45.001-EUR 135.000 EUR 1.500 + 2.5% for the portion exceeding EUR 45.001
EUR 135.001-EUR 270.000 EUR 4.400 + 2% for the portion exceeding EUR 135.001
More than EUR 270.000 EUR 7.500 + 1% for the portion exceeding
EUR 270.000 subject to a maximum of EUR 20.000
2.1.2. Exclusions applicable to all covers
We shall not insure:
1. any loss or damage caused intentionally by you or by anyone acting on your behalf or
for whom you are responsible;
2. any loss or damage resulting directly or indirectly:
• from war or similar events and from civil war or similar events;
• from confiscation, expropriation, nationalisation or requisition;
• from any nuclear reaction or radiation, or from any contamination as a result of
radioactivity;
3. that part of the loss or damage resulting directly or indirectly from an act of terrorism,
either nuclear, biological or chemical (NBC), which exceeds EUR 1.170.057.
2.2. THE COVER AND THE 2.2.1. Fixtures and fittings
EXCLUSIONS SPECIFIC TO
EACH OF THE COVERS 2 .2.1.1 Cover for the fixtures and fittings
We will insure the fixtures and fittings shown in the schedule against material
damage.
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If you move home, you must inform us as soon as possible. If you move home
within Belgium, we undertake to extend the policy automatically to your new
address for a period of 30 days with effect from the date you move.
Our additional covers:
Replacement in the event of loss or theft of the keys of your apartment
of locks and keys: or an annex, we will pay the cost of replacing the locks and
keys, without any excess, up to a maximum of EUR 2.500
(non-indexed).
Extension of cover to include certain costs, if you have a loss covered
under:
Alternative provided such costs are not covered by another
accommodation: insurance, we will pay for the actual cost of alternative
accommodation, for a maximum period of three years
during which the apartment cannot be lived in because of
repair or reconstruction or pending a replacement.
Costs of repair: within the limit of the sums insured, we will pay the cost of
repairing the fixtures and fittings if this is necessary as a
result of damage caused by the emergency services.
Costs of we will pay the cost of demolition, clearance and removing
demolishing debris of the fixtures and fittings, up to a maximum of
the fixtures and EUR 25.000 (non-indexed).
fittings and
removing the
debris :
2.2.1.2. Exclusions specific to the cover for the fixtures and fittings
We will not insure:
1. any loss or damage caused by your pets;
2. any loss or damage resulting directly or indirectly:
a) from any deterioration caused by wear and tear, by rust, oxidation,
rot, fungus or mould (unless as the result of an insured water damage
loss), insects, warping or any deformation or shrinkage, or the use of
unsuitable materials or defective parts;
b) from any deterioration caused by dryness, humidity, variations in
temperature or humidity or by exposure to light;
c) from any construction, demolition, alteration, repair or similar work;
d) from any gradual deterioration, including gradual deterioration caused by
smoke or by rising damp;
e) from inherent vice, latent defect or improper use;
f) from a failure to carry out essential maintenance or repair, or from clear
negligence on your part;
g) from any pollution or contamination;
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3. the malfunctioning or breakdown of mechanical, electrical or electronic
components, unless this is the consequence of an accidental event external
to the item itself;
4. theft, attempted theft and vandalism committed by members of your family
who live with you;
5. as far as water damage is concerned, any damage caused directly or
indirectly:
a) by pressure, leakage or seepage of underground water;
b) by frost or by thaw unless, before going away for longer than 60 days,
you drain the water systems or keep the apartment heated throughout;
6. any loss or damage whenever the apartment is not sufficiently furnished for
normal living purposes, unless the loss or damage has been caused by fire,
explosion or lightning;
7. any loss or damage caused by coastal erosion or erosion of a river bank.
2.2.2. Contents
2.2.2.1 Cover for contents
We will insure your contents against material damage anywhere in the world.
However:
• Within your contents, your personal effects will be covered up to a maximum
of EUR 10.000 (non-indexed) if the loss occurs at an address other than the
address shown in the schedule.
• Within the limit of the sum insured shown in the schedule with respect to the
contents, fine art is covered up to a maximum of EUR 25.000 (non-indexed)
any one item. Valuables are covered up to a maximum of EUR 10.000 (non-
indexed) any one loss when in a safe, or EUR 5.000 (non-indexed) any one
loss when outside a safe.
The following property is subject to specific sub-limits:
Contents of Contents contained in annexes are covered up to a
annexes: maximum of EUR 2.500 (non-indexed) any one loss.
Fridge and freezer we will pay for material damage to food in fridges and
contents: freezers situated in the apartment or annex as a result of
an accidental shutdown or of an accidental power supply
failure.
We will pay up to a maximum of EUR 5.000 (non-indexed)
any one loss. No excess will apply.
Money: in the event of a loss relating to money, we will pay up to a
maximum of EUR 1.000 (non-indexed) any one loss.
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Our additional covers:
Property in we will pay for material damage to contents which are in
your custody your custody for any reason whatsoever, or which belong to
or belonging people staying temporarily in your home, up to a maximum
to guests or to of EUR 5.000 (non-indexed) any one claim. Valuables, fine
domestic staff: art and money are excluded.
Reconstitution of we will pay the cost of research and investigation required
documents and to reconstitute the documents, books, personal computer
data in the event data and personal records located in the apartment, up to a
of an insured loss: maximum of EUR 5.000 (non-indexed) any one loss.
Identity theft: we will pay up to a maximum of EUR 12.500 (non-indexed)
any one loss, for the following reasonable and necessary
expenses you have to pay solely as a direct result of an
identity theft :
• cost of defending an action against you by a financial
institution, to remove an incorrect judgment, to challenge
a consumer credit rating, or to witness your signature;
• the cost of sending registered letters and making
telephone calls to the police, financial institutions and
credit agencies;
• the fees or costs charged when you re-apply for a loan
which had previously been rejected;
• your loss of earnings resulting from the time you have
to take off work in order to talk to the police, financial
institutions or credit agencies
We do not cover any identity theft connected with your
professional activities.
An act or series of acts against one of you by any person or
group of people is considered to be a single act of identity
theft.
2.2.2.2. Exclusions specific to the contents cover.
1. any loss or damage resulting directly or indirectly:
a) from repair, restoration, or framing or from any similar work performed by
a professional;
b) from a computer error, from a computer malfunction, or from a computer
virus;
c) from any deterioration caused by wear and tear, by rust, oxidation,
rot, fungi or mould (unless as the result of an insured water damage
loss), insects, warping or any deformation or shrinkage, or the use of
unsuitable materials or defective parts;
d) from any deterioration caused by dryness, humidity, variations in
temperature or humidity or by exposure to light;
e) from any gradual deterioration, including gradual deterioration caused by
smoke or by rising damp;
f) from inherent vice, latent defect or improper use;
g) from a failure to carry out essential maintenance or repair, or from clear
negligence on your part;
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h) from any pollution or contamination;
i) as far as wines and liqueurs are concerned, from porosity, from
accidental leakage or natural loss of contents, as well as from inherent
vice, cork fly or climatic conditions;
2. loss or damage caused to non-standard software;
3. any loss or damage occurring during transport, whenever this is the result of
insufficient or poor packaging or packing;
4. theft of contents while being transported in a vehicle left unattended,
whenever the items are visible from outside the vehicle;
5. as far as water damage is concerned, any damage caused directly or
indirectly:
a) by pressure, leakage or seepage of underground water;
b) by frost or by thaw unless, before going away for longer than 60 days,
you drain the water systems or keep the apartment heated throughout.
This exclusion shall however apply in all cases if a swimming pool is
concerned;
6. the malfunctioning or breakdown of mechanical, electrical or electronic
components, unless this is the consequence of an accidental event external
to the item itself;
7. theft, attempted theft and vandalism committed by members of your family
who live with you;
8. any loss or damage caused by your pets;
9. any loss or damage caused by coastal erosion or erosion of a river bank.
10. any loss or damage caused by you not receiving goods or services you have
paid for through any internet website.
2.2.3. Your liability by reason of the insured property.
2.2.3.1. Cover of your liability by reason of the insured property.
Within the scope of this policy, if a third party brings action alleging your liability
by reason of the insured property, we will meet the costs of your defence, will
handle any civil proceedings and will be entitled to freely exercise all rights of
recovery. However, where you are subject to a criminal prosecution, we may
exercise these rights of recovery only with your agreement.
If you are found liable, the cover will be limited, for any one loss, to a maximum
of EUR 20.066.239 (indexed at the Consumer Price Index, hereinafter
abbreviated to Cpi) for bodily injury and EUR 1.003.311 (indexed at the Cpi) for
material damage.
We alone shall be entitled, within the limit of our cover, to negotiate a
settlement with the injured persons.
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Our additional covers:
Vacations: we undertake to pay you for material damage caused to
property which you rent or occupy for a maximum duration
of 90 days, and for which you are liable in your capacity as
tenant or occupier.
We will pay you on an actual cash value basis up to a
maximum of EUR 1.003.311 (indexed at the Cpi) for any
one loss.
Property rented for we undertake to pay you for the material damage caused
study purposes: to the accommodation (and to the contents of the same)
rented by your children while they are studying.
We shall pay you on an actual cash value basis up to a
maximum of EUR 1.003.311 (indexed at the Cpi) for any
one loss.
This cover will apply if your liability as tenant is not covered
by another policy.
Rights of recovery we shall insure your liability for material damage caused
of tenants or by a loss covered hereunder which results in damage to
occupiers: personal property belonging to your tenants, whenever
such damage is the result of a constructional defect or
defective maintenance.
We shall pay you on an actual cash value basis up to a
maximum of EUR 1.003.311 (indexed at the Cpi) for any
one loss.
2.2.3.2. Exclusions specific to the cover for your liability by reason of the insured property.
Subject to the application of the additional covers, we shall not insure:
1. any bodily injury suffered by you or by an insured person;
2. any material damage to any property which belongs to you or an insured
person or which is entrusted to you or an insured person for safekeeping or
use;
3. any loss or damage for which your civil liability has been incurred, if such
liability is subject to compulsory insurance;
4. any fine or penalty of any kind whatsoever;
5. any loss or damage resulting directly or indirectly:
a) from a professional activity or from any activity from which you draw an
income;
b) from non-accidental pollution.
2.3. TO KEEP You INFORMED We undertake to keep you informed:
• of your rights if there are any changes to the conditions of this insurance; except when the
risk has changed, we undertake not to amend the general conditions during the course of the
contract;
• of the adjustment and handling of your case if you have a loss.
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2.4. TO INTERVENE IN THE We undertake to:
EVENT OF A LOSS • evaluate the loss or damage in the event of a loss,
• pay the claim in the event of an insured loss as soon as possible, or
• repair, reimburse or replace the damaged items,
subject to the following conditions:
2.4.1. Evaluation of the loss or damage
2.4.1.1. For fixtures and fittings
Unless otherwise agreed, we shall pay you, for any one loss, on the basis of
the replacement cost as at the date of the loss, up to the sum insured for the
fixtures and fittings. we reserve the right to pay the indemnity as and when the
reconstruction or repair takes place.
2.4.1.2. For contents
• In the event of a total loss, we shall pay you on the basis of the replacement
cost;
• In the event of a partial loss, we shall pay you the cost to repair the items, if
the cost is less than the market value. In all other cases, we shall pay you the
market value.
2.4.1.3. For valuables and fine art
• In the event of a total loss, and up to the sums insured and the sub-limits
provided for in the policy, we shall pay you the market value. However, in
the case of jewellery or watches, we reserve the right to arrange for their
replacement.
• In the event of a partial loss, and up to the sums insured and the sub-limits
provided for in the policy, we shall pay you for the items to be restored,
including any loss in value following repair, if such costs are less than the
market value. In all other cases, we shall pay you the market value.
2.4.1.4 For your civil liability by reason of the insured property
We shall pay you for the damages for which you are held liable, up to the limits
of liability and subject to the applicable exclusions.
2.4.2. Payment of the claim
Provided that you have met your obligations and in the absence of any dispute, we
undertake to pay the amount of the indemnity within ten working days of us receiving, at
our offices, your agreement to the proposed claim payment.
If we do not pay within ten days and for claim payments exceeding EUR 5.000, we shall
pay interest on arrears, pro rata to the number of days of delay, at the rate of the Belgium
National Bank, provided payment is to a bank account in Belgium.
If you have not complied with all your obligations under this policy, the time limit above
will only apply from the day after the day on which you complied with these obligations.
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2.4.3. Expert appraisal
If you and we do not agree on the amount of the claim, the claim shall be estimated, with
the participation of both parties, by two experts, one of whom shall be appointed by you
and the other by us. In the event of disagreement between them, these experts shall be
joined by a third expert.
The three experts shall form a panel and shall rule on matters by majority vote. If one
of the contracting parties fails to appoint its expert or if the two experts fail to agree on
the choice of the third expert, this nomination will be made, at the request of the more
diligent party, by the president of the court of first instance in whose judicial district your
home is located. If the third expert is nominated, his fees and expenses, as well as the
costs of his appointment, shall be shared equally between us.
The experts shall be exempted from the observance of any formalities. Their decision is
final and irrevocable.
We shall pay the fees and expenses of your expert within the limits indicated in Chapter
2.1.1 “General principles”. If a third expert is appointed, each party will bear half of the
expenses and fees of the third expert.
2.4.4. Subrogation
After paying a claim to an insured person or the third party, depending on our obligations,
we may take action in your stead against the third parties liable for the loss or damage,
within the limits of the sums which we have paid out. we undertake not to prejudice your
right to pursue recovery of that part of the loss or damage which was not insured.
2.4.5. Recovered property
If the lost or stolen item is recovered, you must tell us by registered letter.
If the claim has not yet been paid, you must take possession of the item.
If the claim has been paid, the damaged items will belong to us. You will have the option
of taking possession of the item in return for repaying the claim, less any costs of repair
and recovery.
You must inform us of your decision within three months, once the item of property is free
and unencumbered. Otherwise, we shall remain the owner as of right. we shall pay you
the reasonable costs which you have incurred in recovering the item.
2.5. TO ADJUST THE PREMIUM If there is a significant and permanent reduction in the risk and if this new situation justifies more
favourable terms and conditions, we will offer you a corresponding reduction in the premium as
from the date on which you notified us of this change. If there is an increase in the risk during the
policy period and if we agree to insure the additional risk, the premium will be adjusted, based
on the terms and conditions in force at that time.
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2.6. TO WAIVE OUR We hereby waive our rights of recovery against:
ENTITLEMENT TO EXERCISE • you, for damage to property insured on behalf of and for the benefit of third parties;
CERTAIN RIGHTS OF • “nu-propriétaires” and “usufruitiers” insured jointly under this policy;
RECOVERY • co-owners insured jointly under this policy;
• your descendants, your ascendants, your spouse, your immediate family, as well as
members of your staff and people living in your home;
• suppliers of electricity, gas, steam, and hot water, supplied via pipes and transmission lines,
as well as state-owned companies, against whom, and to the extent that you are obliged to
do so, you have waived your rights of recovery;
The above-mentioned waivers of rights of recovery shall not apply:
• where negligence or malicious acts are involved;
• to the extent that the person responsible has taken out liability insurance.
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3. What is the framework for the policy?
3.1. POLICY PERIOD AND PERIOD The contract shall be complete once it has been signed by you and by us. It is agreed for a
OF COVER period of one year and shall be renewed automatically at each anniversary date for the same
period. At least three months before the date of renewal of the policy, both you and we may
decline this automatic renewal in a letter sent by registered post. The notice period shall begin
the day after the letter is posted.
The policy shall begin on the date the first premium instalment is paid. Cover will start at 00:00 h.
The policy will terminate at 24:00 h.
You may cancel the policy, with immediate effect, within fourteen days of the date the contract
is concluded, or from the date on which you receive the policy, if this is later. we shall have the
same right, subject to prior notice of eight days.
If we believe we are no longer in a position to insure the risk after a claim is made, we reserve the
right to cancel the policy no later than one month after payment of the claim or after we decline
the claim.
You may exercise the same right, following each loss, no later than one month after we pay or
decline the claim.
3.2. ADJUSTMENT OF THE SUMS Your policy is indexed in line with inflation. The sums insured and the premium will change every
INSURED AND OF THE RATE year at the anniversary date based on the difference between the index applicable as at the
anniversary date and the index at the start of the policy, shown in the schedule.
With the exception of the sub-limits appearing in the general conditions, which are not indexed,
the sums which are not followed by any reference in these general conditions are based on the
ABEX 590 index of November 2004.
Amounts which are followed by the reference Cpi in these same general conditions are subject
to the consumer price index 193.69 (basis 1981) of February 2005.
If however we have agreed on an agreed value, the amounts will remain unchanged.
Change to the rate:
We may decide to change the premium or the excess. In this event, we shall inform you of this
no later than three months before the anniversary date. If you do not agree to the change made,
you may cancel the policy within thirty days of this notification and the cancellation will take
place on the next anniversary date.
3.3. WHAT HAPPENS IN THE EVENT In the event of a loss, we reserve the right to reduce our benefit in proportion to the prejudice
OF A LOSS IF You FAIL TO that we have suffered or, depending on the case, to refuse to provide cover.
MEET YOUR OBLIGATIONS
3.4. THE LAW APPLICABLE Unless otherwise agreed, this contract shall be subject to Belgian law.
TO OUR POLICY AND THE Disputes relating to this contract shall fall within the jurisdiction of the Belgian courts.
COURTS THAT WOULD HAVE
JURISDICTION IN THE EVENT Should any difficulty arise in relation to the contract, please consult your insurance adviser.
OF LITIGATION
You are equally at liberty to send a complaint to the Insurance Ombudsman Department: Square
de Meeûs 35, 1000 Brussels (www.ombudsman.as).
Telephone: 02 547 58 71; fax: 02 547 59 75.
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3.5. DOMICILE AND Any correspondence or notification destined for us is correctly sent if it is mailed:
CORRESPONDENCE • to our address in Belgium, as indicated in the schedule or in a subsequent endorsement;
• to the address of your broker, as indicated in the schedule or in a subsequent endorsement.
Any correspondence or notification destined for you is correctly sent, even to heirs or rightful
claimants, if it is mailed to your address as indicated in the schedule or in a subsequent
endorsement.
3.6. DEFINITIONS (THE TERMS OF ABEX: construction cost index drawn up by the Belgian Association of Experts.
THE POLICY WHICH HAVE A
PRECISE MEANING) Accidental: something which occurs suddenly and unforeseeably
Act of act organised in secret for ideological, political, or social reasons, carried
terrorism: out individually or by a group, where people are attacked or property is
destroyed, with a view to frightening the public and creating a climate of
insecurity.
Fixtures and any fixtures, fittings, decoration or improvements considered to form part
fittings: of a building at the address shown in the schedule.
Annex: locked cellar or garage located in the building containing the apartment
and which the policyholder owns or has the use of. A locked garage
of not more than 20 m2 located less than 500 m from the building is
considered to be an annex.
Apartment: that part of a building comprising several rooms and used as a residence.
Insured people: you and the following persons:
• people who normally live in your home, with the exclusion of your
tenants;
• your members of staff whenever they are working in your home;
• any other person named in the schedule.
Insured property: all property included in contents and fixtures and fittings.
Jewellery: item intended for the purposes of adornment, valuable on account of
the materials of which it is made or due to the artistic qualities of its
workmanship.
Safe: closed metal safe which is either built-in or sealed.
Schedule: provisions of the contract which concern you personally and which form,
together with these general conditions and the endorsements recording
any changes, the insurance policy. The schedule and the endorsements
shall take precedence over the general conditions of the contract.
Contents: any personal property for private use, including works of art and valuables
and collectables not included in a specification, which are normally located
in the apartment or annex and which belong to you or are handed over to
you for safekeeping.
The following do not form part of the contents:
• animals;
• valuables and fine art included in a specification;
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General conditions TRS505-01012007
• land motor vehicles and their accessories, except the following
unregistered vehicles: the motorised equipment used solely at the
address shown in the schedule for servicing or maintenance purposes,
domestic vehicles intended for handicapped persons, children’s toys
used solely for recreational purposes;
• caravans, trailers with a carrying capacity of more than 500 kg;
flying objects which are able to carry persons; space objects; boats,
motorbikes and mopeds (except at the address shown in the schedule
whilst you are not using them, with the exclusion of any boat more than
4 m in length);
• electronic data;
• water and liquids for household use.
Bodily injury: any attack on the physical integrity of a person, with the exclusion of any
damages for pain and suffering and any indirect loss or damage (such as
loss of earnings).
Material damage: any destruction, deterioration, loss or disappearance of real estate or
personal property.
Personal effects: clothes, furs, guns and hunting weapons, firearms, luggage, bags,
spectacles, musical instruments, cameras and video equipment and their
accessories, sports equipment, mobile phones, electronic diaries, laptops
and other portable electronic devices.
Excess: amount of the loss or damage which you must bear and which we deduct
from the amount of the indemnity.
CPI: Consumer price index, drawn up by the Minister of Financial Affairs.
We: the insurer shown in the schedule.
Fine art: musical instruments, postage stamps, coins or medals in a collection,
paintings, antique furniture, carpets and tapestries, wines and fine spirits,
silver or gold items; more generally, items that have artistic features or that
are likely to form part of a collection, excluding valuables.
Valuables: Objects of value such as jewellery, watches, unset precious and semi-
precious stones, solid silver, gold, platinum, silver gilt.
Liability, liable: obligation incumbent upon you, by virtue of Articles 544 or 1382 to 1386a
of the Civil Code or of similar provisions of overseas law, to remedy any
damage or injury you have caused.
Identity theft: situation in which a person or group of persons knowingly uses a means
of identification belonging to you, without your knowledge or authorisation
and with the intention of committing or of helping someone else to commit
an illegal act.
Loss:
1. For insurance of accidental event which occurs during the policy period and causes
property: material damage to the insured property.
2. For insurance accidental event which occurs during the policy period and causes
of civil liability material damage or bodily injury to third parties. In this case the insurance
incurred by reason cover will include claims made after termination of the policy.
of the insured
property:
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General conditions TRS505-01012007
Agreed value: value set by mutual written agreement between you and us. This value is
acknowledged as being an exact value and, subject to authenticity, we
shall refrain from disputing it.
Replacement cost: amount necessary for the reconstruction or reinstatement as new of
the insured property including architect’s costs and VAT which is not
recoverable, such that the property concerned still has, following the loss,
qualities equivalent to those which existed before the loss.
Actual cash value: replacement cost less depreciation.
Market value: nieuwpurchase price normally payable in the national market for an
identical or similar item of property, as at the date of the loss.
Money: coins, bank notes, share securities or debenture bonds, bills of exchange,
postal orders or other similar orders, debit cards or credit cards.
Wear and tear: depreciation of an asset by reason of its age, its use, and the frequency
and quality of its maintenance.
You: the policyholder shown in the schedule,
• either the natural person who enters into the contract and his spouse,
partner or companion;
• or the legal entity which enters into the contract.
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General conditions TRS505-01012007
4. Hiscox Assistance
HISCOX ASSISTANCE is available 24 hours a day and 365 days a year on the following number:
0800/90802.
Everyone insured under our policy 505 by Hiscox has the benefit of assistance in respect of their
insured homes in Belgium.
We only use the services of duly approved service providers who are able to act as quickly as
possible.
You can call on assistance in the following cases:
Assistance following an insured loss (with the exception of natural catastrophes)
If an accidental event occurs in your apartment or in an annex, we shall organise and meet the
costs of an immediate visit by a trade association representative with a view to identifying the
cause and proceeding with the necessary repairs.
If your keys have been lost or stolen, we shall organise and meet the costs of emergency repairs
and, if necessary, replacement of the locks concerned.
The cost of each assistance will be paid up to a maximum of a non-indexed amount of EUR 750
(including tax).
Psychological assistance following a trauma brought about as the result of a loss or of a physical
assault on an insured person:
If you have suffered a traumatic shock because you or another insured person were the victim of
an assault (either at your home or outdoors) or have been affected by the occurrence of a loss,
we shall organise and pay the costs of psychological counselling, up to a maximum of a non-
indexed amount of EUR 750 (including tax).
Hiscox NV/SA
Lambroekstraat 5D
1831 Diegem (Brussels)
T: +32 (0)2 788 26 00
F: +32 (0)2 788 26 01
W: www.hiscox.com
E: info.belgium@hiscox.com
