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IMPORTANT PLEASE NOTE THAT YOU WILL BE INELIGIBLE FOR CAR

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IMPORTANT PLEASE NOTE THAT YOU WILL BE INELIGIBLE FOR CAR Powered By Docstoc
					IMPORTANT: PLEASE NOTE THAT YOU WILL BE INELIGIBLE FOR CAR RENTAL THEFT AND DAMAGE INSURANCE IF YOUR EMPLOYER HAS REQUESTED EXCLUSION FROM THE POLICY. TO CONFIRM WHETHER YOU ARE ELIGIBLE FOR THIS COVERAGE, PLEASE CONTACT YOUR CORPORATE CARD PROGRAM ADMINISTRATOR.
Underwritten by ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA Canadian head office: 10 Wellington Street East, Toronto, Ontario M5E 1L5 (herein called the “Company”) having issued MASTER POLICY NUMBER 00000101 (herein called the “Master Policy”) to AMEX BANK OF CANADA, AND ITS PARTICIPATING SUBSIDIARIES (herein called the “Policyholder”) EFFECTIVE DATE OF THIS CERTIFICATE: JANUARY 01, 1996.

CAR RENTAL THEFT AND DAMAGE INSURANCE

HEREBY CERTIFIES that, effective January 01, 1996 and continuing until cancelled, in consideration of the payment of premium by the Policyholder, all eligible holders (herein called “Cardmember(s)”) of an American Express® Corporate Card issued by the Policyholder are insured under and subject to all provisions, definitions, limitations, conditions and exclusions of the Master Policy. A copy of the Master Policy is on file at Royal & Sun Alliance Insurance Company of Canada, 10 Wellington Street East, Toronto, Ontario, Canada, M5E 1L5. This Certificate is not the Master Policy nor a contract of insurance. It contains only the principal provisions relating to the coverage and payment of loss under the Master Policy described herein. Coverage may terminate or be changed at any time without notice. This Certificate replaces any and all Certificates previously issued to the Cardmember with respect to the Master Policy. The coverage described in this Certificate is automatically terminated if the Cardmember ceases to fall within the Definitions, Terms of Coverage, Description of Coverage or, Limitations and Exclusions as stated in the Master Policy. IMPORTANT - PLEASE READ THIS CERTIFICATE CAREFULLY AS IT CONTAINS TERMS, CONDITIONS AND EXCLUSIONS THAT MAY AFFECT YOUR COVERAGE: To find out and confirm what the current coverage is under this program or if you have any questions concerning the detail included herein they should be directed to Royal & Sun Alliance Insurance Company of Canada at 1-800-243-0198 in Canada and the United States, or collect at (301) 214-8257 outside Canada and the United States.

PART I

DEFINITIONS

“Cardmember”means (a) a holder of an eligible American Express® Corporate Card issued in Canada by Amex Bank of Canada and (b) the person who pays for the specific occasions insured by using the eligible Amex Bank of Canada’s American Express® Corporate Card. “Principal Driver” means the person (the Principal Driver must also be the Cardmember), who drives the Rental Auto the majority of the time during the Coverage Period. When the Cardmember (as defined above) is a holder of an eligible American Express® Corporate Card which is used to fully pay for the specific occasion insured, then all other fellow employees of this Cardmember with their own eligible American Express® Corporate Card issued to the same company, are considered to be specifically listed on the Rental Agreement as Principal Drivers provided they are permitted to operate the Rental Auto in accordance with the Cardmember’s Rental Auto contract and while covered under this Policy. “Secondary Drivers” means any drivers who are not the Principal Driver of the Rental Auto and who are permitted to operate the Rental Auto by the Cardmember (the Principal Driver) and who are specifically listed on the Rental Agreement and provided they are permitted to operate the Rental Auto in accordance with the Cardmember’s Rental Auto contract, while covered under this policy. “Coverage Period” means the period of time not to exceed more than thirty one (31) consecutive days, commencing at the time the Cardmember legally takes control of the Rental Auto and ends at the time the Commercial Rental Agency resumes control of the Rental Auto whether at its business location or elsewhere. “Rental Auto” means an automobile or automobiles (if automobiles they cannot be rented simultaneously or back to back in sequence) not rented in excess of the Coverage Period from a Commercial Rental Agency or Agencies, and an automobile or automobiles that are not an Antique, Expensive or Exotic automobile, nor a truck, Off-Road Vehicle, motorcycle, moped, recreational vehicle, camper, trailer, nor a Van, but certain Mini-Vans are covered. “Eligible Person” means a Cardmember (as defined above) and Secondary Drivers (as defined above), while covered under this Policy. “Commercial Rental Agency” means an auto rental agency licensed under the law of the applicable jurisdiction which provides a Rental Agreement. “Rental Agreement” means the written contract between the Cardmember and the Commercial Rental Agency for the Rental Auto. “Antique” means a vehicle over 20 years old or which has not been manufactured for 10 years or more. “Expensive” means any automobile with a retail value over sixty-five thousand dollars ($65,000) Canadian at the time and place of loss. “Exotic” means any automobile which is not a standard rental vehicle offered by most of the Commercial Rental Agencies in the province or state or in a country without provinces or states, where the vehicle was rented or is a vehicle totally or partially custom made, hand made, hand finished or is a vehicle of limited production (under 2,000 vehicles per year by the manufacturer). Exotic automobiles includes but is not limited to the following models: Aston Martin, Bentley, Bricklin, Daimler, De Lorean, Excalibur, Ferrari, Jaguar, Jensen, Lamborghini, Lotus, Maserati, Porsche, Rolls Royce, limousines.

“Off Road Vehicle” means any vehicle while it is being operated on a road not maintained by a federal, provincial, state or local agency, not including an ingress or egress to private property, or any vehicle which cannot be licensed to drive on a public road and is designed and manufactured primarily for off road usage. “Mini-Van” means a vehicle which is designed and made by an automobile manufacturer as a van, which has a manufacturer’s list Gross Vehicle Weight of not more than 5875 pounds or 2665 kilograms and are used exclusively for the transportation of passengers and will not be used by the Cardmember for transportation of passengers for hire, and includes but is not limited to the following models: Ford Aerostar, Ford Windstar, Chevrolet Astro, GMC Safari, Dodge Caravan or Plymouth Voyageur. “Gross Vehicle Weight” means the weight of the complete Mini-Van plus the maximum load that it has been designed to carry.

PART II

TERM OF COVERAGE

A. WHEN A CARDMEMBER’S COVERAGE BEGINS All coverage for eligible Cardmembers will take effect at the time the Cardmember legally takes control of the Rental Auto. B. WHEN A CARDMEMBER’S COVERAGE ENDS A Cardmember’s coverage will end at the earliest of the following: 1. the date on which this policy terminates or is terminated by the Policyholder or the date on which this policy is cancelled by the Company for non-payment of premiums, except that coverage in effect at the time of such termination or cancellation will be continued on outstanding Rentals until the Cardmember returns the Rental Auto to the Commercial Rental Agency, provided the total rental period does not exceed the Coverage Period; 2. when a Cardmember ceases to fall within the Definition(s) of Cardmember or Principal Driver as stated in this policy. 3. at the time the Commercial Rental Agency or anyone acting on behalf of the Commercial Rental Agency resumes control of the Rental Auto whether at its business location or elsewhere; 4. the date of rental if the required premium is not paid when due or before the expiry of the grace period provided hereunder (unless due to clerical error by the Policyholder or the Company).

PART III

DESCRIPTION OF COVERAGE

COVERAGE: AUTO RENTAL DAMAGE AND THEFT COVERAGE, WORLDWIDE (WHERE ALLOWED BY LAW) FULL VALUE The Company will reimburse the Cardmember for losses the Cardmember incurs up to the FULL VALUE of the car minus any deductible, for damage or theft of a Rental Auto when the Cardmember rents and operates or allows an Eligible Person to operate a Rental Auto, provided: (a) the Cardmember does not accept the Loss Damage Waiver (LDW) or similar provision provided by the Commercial Rental Agency; (b) the Cardmember has used the American Express® Corporate Card when initially renting and to rent and fully pay for the rental of the Rental Auto; (c) the Card Account was issued by Amex Bank of Canada; (d) the Rental Auto was not rented in excess of the Coverage Period;

(e) losses are limited to costs which would have been waived had the Cardmember paid the fee for the Loss Damage Waiver (LDW) or similar provision covering loss of or damage to the Rental Auto; (f) the Rental Auto was rented from a Commercial Rental Agency; (g) all conditions of the Rental Agreement for operating the Rental Auto have been met; (h) the Cardmember is the renter and the Principal Driver of the Rental Auto on the Rental Agreement; (i) the Cardmember has been the Principal Driver of the Rental Auto throughout the Coverage Period and remains Principal Driver at the time of loss; (j) the Cardmember and/or the Eligible Person has not been indemnified for damages or expenses covered under this Policy by or through personal insurance, his employer or his employer’s insurance; (k) a Cardmember is the first driver of the Rental Auto at the time the Rental Auto is initially rented. When a Cardmember does not have the option available to decline the Loss Damage Waiver (or similar provision) offered by a Commercial Rental Agency, the Company will pay for covered loss or damage up to the limit of the deductible stipulated in the Loss Damage Waiver (or similar provision), purchased by the Cardmember from the Commercial Rental Agency for a Rental Auto. This shall not be construed to provide coverage where the Commercial Rental Agency is responsible by legislation or law for any damage to the Rental Auto.

EXCLUSIONS
This policy does not cover losses to automobiles or other vehicles which are not Rental Autos, or losses arising, caused, or contributed to, by: (1) the operation of the vehicle in violation of the terms of the Rental Agreement; (2) damages or expenses assumed, waived or that may be paid by the Commercial Rental Agency, or by its insurer pursuant to any direct compensation agreement or other applicable sections of provincial insurance acts; (3) wear and tear, gradual deterioration, inherent vice or damage; (4) insects or vermin; (5) hostile or warlike action in time of peace or war, insurrection, rebellion, revolution, civil war; (6) nuclear reaction, nuclear radiation, or radioactive contamination, any weapon of war employing atomic fission or a radioactive force; (7) usurped power or action taken by government or public authority in hindering, combatting or defending against such an occurrence, seizure or destruction under quarantine or custom regulations; (8) confiscation by order of any government or public authority; (9) any illegal activity; (10) participating in any race or speed test.

PART IV

GENERAL PROVISIONS

PROOF OF LOSS. The Cardmember must furnish the Company with proof of loss. This shall include a detailed sworn statement (claim form). 1) Initial Notification: The claimant (the Cardmember or someone acting for the Cardmember) must notify the Company, its agents, or any authorized claims agent of the Company of the loss within forty-eight (48) hours of the loss or as soon thereafter as reasonably possible. Initial Notification shall include but may not be limited to: (a) The Cardmember’s name and American Express Card Account Number; (b) date of loss; (c) rental company name, phone number and address; (d) estimated damage amount; (e) description of accident. Telephone Numbers: 1-800-243-0198 in Canada and the continental U.S.A. or collect at (905) 475-4822 outside Canada and the continental U.S.A. 2) Written Proof: Written proof of loss must be furnished to the Company, its agents, or any authorized claims agent of the Company within forty-five (45) days from the date of loss. This must be a detailed sworn statement.

Written Proof of Loss may include but may not be limited to: (a) completed claim form; (b) Rental Agreement; (c) copy of charge slip or machine generated receipt to show rental was charged and paid for with appropriate card; (d) copy of claim document provided by rental agency indicating the Cardmember was responsible for and paid the applicable charges; (e) police report, or if due to the accident circumstances a police report is not legally required in the jurisdiction in which the accident occurred, then obtain the name, badge number and division address of the police officer contacted. Correspondence should be sent to the Company. The mailing address is: Royal & Sun Alliance Insurance Company of Canada, Claims Management Services-Sheridan Insurance Centre, 2225 Erin Mills Parkway, Suite 1000, Mississauga, Ontario L5K 2S9. For all written and verbal correspondence, please include the Cardmember’s name, the Policyholder’s name and the policy number 00000101. The claimant should notify the Company initially within forty-eight (48) hours of the loss, then in writing within forty-five (45) days after a covered loss occurs or as soon as reasonably possible. The Company will send claim forms to the claimant as soon as reasonably possible but not later than fifteen (15) days after being notified of the claim. Failure to comply with these conditions within the times required shall invalidate any claims under this policy. LEGAL ACTIONS. No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of loss. No legal action for a claim can be brought against the Company more than one (1) year after the time for giving proof of loss. SETTLEMENT OF LOSS. Claims for damage and/or destruction shall be paid as soon as possible, but no later than five (5) working days after an acceptable proof of loss is presented to the Company. VALUATION. The Company will not pay more than the actual cash cost of the loss charged to the Cardmember. DISAGREEMENT OVER SIZE OF LOSS. If there is a disagreement about the amount of the loss either the Cardmember or the Company can make a written demand for an appraisal. After the demand, the Cardmember selects a competent appraiser and the Company selects a competent appraiser. After examining the facts, each of the two appraisers will give an opinion on the amount of the loss. If they do not agree, they will select an arbitrator. Any figure agreed to by two of the three (the appraisers and the arbitrator) will be binding. The Cardmember must pay the appraiser he or she chooses. The Company will pay the appraiser they chose. The Cardmember will share with the Company the cost of the arbitrator and the appraisal process. SUBROGATION. To the extent the Company pays for a loss suffered by a Cardmember, the Company will take over the rights and remedies the Cardmember had relating to the loss. This is known as subrogation. The Cardmember must help the Company preserve their rights against those responsible for the Company’s loss. This may involve signing any papers and taking any other steps the Company may reasonable require. If the Company takes over a Cardmember’s rights, the Cardmember must sign an appropriate subrogation form supplied by the Company. CLAIMS. All Indemnities are payable to the Cardmember. In the event the Cardmember is incompetent or otherwise unable to give a valid release for the claim, the Company may make arrangements to pay claims to the Cardmember’s legal guardian, committee or other qualified representative. Any payment the Company makes in good faith will discharge the Company’s liability to the extent of the claim. The Master Policy is in the possession of the Policyholder and may be inspected by a Cardmember during business hours at the office of the Policyholder.

Larry Simmons Signature of the Authorized Representative of the Insurer

AE5039/TK1203

®: used by Amex Bank of Canada under license from American Express Company.

CC/CRTE (12/01)


				
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