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. Musicguard Pavilion FLEXIcover . Musicguard Pavilion Insurance Management Limited Pavilion House Mercia Business Village Westwood Business Park Coventry CV4 8HX Tel: 02476 851000 Email: email@example.com PIML/MGF/06/05/05 information about your insurance information about your insurance 2 3 Policy Wording Section 1 DEFINITIONS Musicguard Flexicover Certiﬁcate Of Insurance 1.1 1.2 Accident - means a sudden and unexpected event which happens by chance during the Period of Insurance Accidental Damage - means the sudden and unforeseen accidental damage to the item of Property Insured or third party property not otherwise speciﬁcally excluded from this certiﬁcate of insurance Arranged by Pavilion Insurance Management Limited 1.3 Bodily Injury - means death or identiﬁable physical injury with UK Underwriting Limited on behalf of 1.4 Breakdown - means a mechanical, constructional, electronic or electrical fault, and/or derangement, or a defect in NORWICH UNION INSURANCE LIMITED operation, which stops the Property Insured fulﬁlling its intended purpose 1.5 Collection - means more than 5 items of the same type which are made up of either CD’s, vinyl records, tapes, mini Introduction disks, DVD’s or karaoke tapes Musicguard is underwritten by Norwich Union Insurance Limited. This certiﬁcate of insurance gives You a full explanation of 1.6 Commencement Date - means the date Your cover shall start as shown in Your Schedule as the Your cover. Please read this carefully to avoid any misunderstanding and check all the details are correct and that You have “Commencement Date” the protection You need and know what to do should You need to claim. 1.7 Endorsement - means any terms and conditions additional to this certiﬁcate of insurance and speciﬁed in Please notify Us of any material change in Your circumstances. Failure to do so may invalidate Your cover. We have tried to the Schedule make this document easy to understand, but if You have any questions please call Us on 02476 851000, or write to Us at the 1.8 Evidence Of Ownership - means original purchase receipt, showing the date, price paid, details of the Property address shown in Section 9. Insured and name and address of seller, or other evidence which clearly demonstrates ownership 1.9 Excess – means any compulsory amount shown in Your Schedule by Endorsement, or £50 where an additional Governing Law premium has been paid for Breakdown cover section 2.9, or £500 third party property damage under section 2.7 for This certiﬁcate of insurance shall be governed by and construed in accordance with the law of England and Wales unless the personal liability, such amounts shall be payable by You certiﬁcate holder’s habitual residence (in the case of an individual) or central administration and/or place of establishment, is 1.10 Forcible and Violent Entry - means entry evidenced by visible damage to the fabric of the building, room, or vehicle located in Scotland, in which case the law of Scotland shall apply. In the event of the place of establishment being situated in at the point of entry the Channel Islands the relevant law governing the Channel Islands shall apply. 1.11 Insured Location - means the brick or stone building of standard construction with a slate, tiled or multi layered roof where the Property Insured is usually kept, as stated in the Schedule unless otherwise speciﬁed in an Endorsement How to Read Your Musicguard certiﬁcate of insurance 1.12 Locked Luggage Compartment - means You need to be aware that all insurance certiﬁcates are subject to certain exclusions and conditions. It is therefore essential (a) a locked car boot that You are aware of what is covered and what is not, and any security requirements and conditions You need to comply with. (b) a locked rear storage area of a hatch-back, four-wheel drive or estate car, subject to a factory ﬁtted cover being in For simplicity, We use keywords or phrases which are shown in Deﬁnitions and these are listed in alphabetical order. They place, and where not available, kept out of sight have the same meaning whenever they appear and will always be shown with an initial capital letter so as to remind You of (c) a locked rigid bodied van or mini bus providing the windows have been obscured and providing the item of their importance. Property Insured is in a compartment of the vehicle not accessible from the driver’s area (d) a rigid body fully enclosed trailer attached to a vehicle by a shackle bolt To help You understand the cover provided We have laid out section 2 under the following headings: 1.13 Loss - means any loss not otherwise speciﬁcally excluded in this certiﬁcate of insurance 1.14 Loss Of Limb - means the physical separation of a hand at or above the wrist, or of a foot at or above the ankle and What is Covered - This text gives information about the cover provided shall include the total and irrecoverable loss of use of one or both hands, or feet respectively What is Not Covered - This text draws Your attention to what is not covered 1.15 Loss Of Sight - means the total and irrecoverable loss of sight in an eye 1.16 Material Fact(s) - means any fact, information or change in circumstances which would have a bearing on Our In addition You should also read the Security Requirements, General Exclusions and Conditions which appear in sections 3, 4 & 5. acceptance of Your cover or which may increase the possibility of Loss, Theft or Accidental Damage covered by Your certiﬁcate of insurance Signed on Behalf of the Underwriters 1.17 Period Of Insurance - means the period speciﬁed in Your Schedule 1.18 Permanent Total Disablement - means a disability lasting at least 12 calendar months which entirely prevents You from attending to any business or occupation of any kind and at the end of that period being beyond the hope of improvement 1.19 Policy Associate - means fellow musicians, music teachers, sound and lighting engineers, entertainers, and disc or visual jockeys who are named in the Schedule other than You, and who have paid an additional premium to extend the beneﬁts of cover under 2.6 and 2.7 only 1.20 Premium - means the amount referred to as such in the Schedule 1.21 Property Insured - means the items listed in the Schedule 1.22 Removable Items - means any Property Insured removed from the Insured Location, subject to the Removable Items limit shown in Your Schedule 1.23 Rigid Bodied Case - means a case manufactured to full ﬂight or semi ﬂight speciﬁcation and in the case of musical instruments, a purpose designed case where the interior has been formed to ﬁt the musical instrument Paul Smith contained therein information about your insurance Managing Director UK Underwriting Limited 4 5 1.24 1.25 Schedule - means the Schedule issued to You and any Endorsement attaching to it Sum Insured - means the amount set out in Your Schedule Section 2 1.26 Territorial Limits - means as a United Kingdom resident domiciled in the United Kingdom, cover is applicable anywhere in the UK. Subject to the payment of the required additional premium cover is applicable WHAT IS COVERED AND SPECIFIC EXCLUSIONS (a) Anywhere in the European Union, and up to 30 days Worldwide during any one Period of Insurance or The Security Requirements, General Exclusions and Conditions which apply to Your Musicguard certiﬁcate (b) Worldwide at any time during the Period of Insurance as shown in Your Schedule of insurance are shown in sections 3, 4 & 5. 1.27 Terrorism - means an act - whether involving violence or the use of force or not - or the threat or the preparation thereof, of any person or group(s) of persons - whether acting alone or on behalf of or in connection with any 2.1 Theft of the Property Insured from the Insured Location organisation(s) or government(s) which is designed to, or does intimidate or inﬂuence a de jure or de facto government or the public or a section of the public, or disrupt any segment of the economy and from its nature or What is Covered context is done in connection with political, social, religious, ideological or similar causes or objectives Within the Territorial Limits. 1.28 Theft - means the unauthorised dishonest appropriation of the Property Insured by another person with the intention We will at Our option, replace, or pay the cost of replacing the item of Property Insured, with a similar article of like kind, of permanently depriving You of it functionality and quality. 1.29 Unattended - means whilst the Property Insured is not being used or held by You or a responsible adult and You are not in a position to prevent interference to the item of Property Insured other than when in the Insured Location, What is Not Covered locked room or locked cupboard or Locked Luggage Compartment 1. Any claim under £100 1.30 United Kingdom - means England, Scotland, Wales, the Channel Islands, Isle of Man and Northern Ireland 2. Any Excess and/or Voluntary Excess as shown in Your Schedule 1.31 Unoccupied Insured Location - means an Insured Location which is a furnished dwelling, but has not been lived in 3. Unless by Forcible and Violent Entry and You have complied with Security Requirement 3.2 for more than 30 consecutive days 4. Theft from an Unoccupied Insured Location 1.32 Value - means 5. Theft by a person or persons to whom the Property Insured is entrusted a) the usual new undiscounted replacement cost (including VAT) from a reputable dealer as at the Commencement 6. When loaned or hired out by You to any other person, unless You are in attendance Date of the Period of Insurance, or 7. Theft from any building at the Insured Location which is not of brick or stone built construction with a tiled or multi b) for collectable, rare or vintage instruments/items having a value greater than usual replacement cost new, a sum layer roof and securely locked, unless speciﬁed in an Endorsement as evidenced by a valuation by a competent reputable source undertaken not more than 12 months before the 8. The matching of any parts of a set or Collection, not the subject of Theft Commencement Date of the initial Period of Insurance of the item and thereafter every three years 9. Unexplained Theft 1.33 Voluntary Excess - means any amount shown in Your Schedule which shall be payable by You towards a claim, but not applicable to sections 2.6 - Personal Accident, 2.7 - Personal Liability, 2.8 - Hire of Equipment and 2.9 - Breakdown 2.2 Theft of the Removable Items when not from a Locked Luggage Compartment 1.34 We/Us/Our - means Pavilion Insurance Management Ltd and / or UK Underwriting Ltd and / or Norwich Union What is Covered Insurance Limited Within the Territorial Limits. 1.35 You/Your - means the insured person or any Policy Associate named in the Schedule who are resident in the We will at Our option, replace, or pay the cost of replacing the item of Property Insured, with a similar article of like kind, United Kingdom functionality and quality. What is Not Covered 1. Any claim under £100 2. Any Excess and/or Voluntary Excess as shown in Your Schedule 3. When the Property Insured is in a locked room or locked cupboard away from the Insured Location unless access is by Forcible and Violent Entry and You have complied with Security Requirements 3.1b or 3.1c as applicable 4. When the Property Insured is Unattended 5. Theft by a person or persons to whom the Property Insured is entrusted 6. When loaned or hired out by You to any other person, unless You are in attendance 7. The matching of any parts of a set or Collection, not the subject of Theft 8. Unexplained Theft 2.3 Theft of the Removable Items when from a Locked Luggage Compartment What is Covered Within the Territorial Limits. We will at Our option, replace, or pay the cost of replacing the item of Property Insured, with a similar article of like kind, functionality, and quality. This section only applies if the required additional premium has been paid and the cover is shown on Your Schedule 6 7 What is Not Covered 2.6 Personal Accident 1. Any claim under £100 2. Any Excess and/or Voluntary Excess as shown in Your Schedule What is Covered 3. Theft by a person or persons to whom the Removable Items is entrusted Within the Territorial Limits. 4. When You have not complied with Security Requirement 3.3 We will pay the amount shown below if at any time whilst You or any Policy Associate named in the Schedule are using an item 5. When access has not been made by Forcible and Violent Entry of musical, entertainment, sound or lighting equipment, You are involved in an Accident, which shall solely and independently 6. Theft of a rigid bodied trailer containing the Removable Items unless the vehicle is stolen at the same time and subject of any other cause, cause Bodily Injury which results in either Your death, Loss Of Limb, Loss Of Sight or Permanent to security requirement 3.3 (h) Total Disablement. 7. When an additional premium has not been paid The amounts We will pay under this section are: 8. The matching of any parts of a set or Collection, not the subject of Theft • Loss Of Limb £5,000 9. Unexplained Theft • Loss Of Sight £5,000 • Permanent Total Disablement £10,000 2.4 Accidental Damage to the Property Insured and Removable Items • Death £10,000 Beneﬁt under this section shall be payable to You or Your nominees, and shall be limited to a maximum of £10,000 per person. What is Covered This cover is provided for You and any Policy Associate named in the Schedule Within the Territorial Limits. We will at Our option, repair to its prior level of functionality or replace, any part, or, if beyond economic repair, replace the What is Not Covered Property Insured with a similar article of like kind, functionality and quality. 1. When You are under 16 or over 85 2. Permanent Total Disablement beneﬁt when over 65 What is Not Covered 3. Suicide, attempted suicide or intentional self-injury or deliberate exposure to exceptional danger (except in an attempt to 1. Any claim under £100 save human life), or insanity or Your own criminal act 2. Any Excess and/or Voluntary Excess as shown in Your Schedule 4. When directly or indirectly resulting from stress, trauma or psychiatric illness 3. When Accidental Damage is sustained in transit to Removable Items, when handed to a recognised transport provider, 5. Any beneﬁt when Your death, injury or loss does not occur within 180 days of the Accident unless securely packaged in a purpose designed Rigid Bodied Case 6. Any beneﬁt when You cannot prove to Us that the Permanent Total Disablement has continued for 12 months from the 4. Instruments and fragile electronic items being part of Removable Items in any vehicle accompanied by You or Your date of the Accident and in all probability will continue for the remainder of Your life representative, unless in a Rigid Bodied Case 7. More than one beneﬁt under this section 5. When loaned or hired out by You to any other person, unless You are in attendance 8. Any Accident not involving the use of an item of musical, entertainment, sound or lighting equipment 6. When the Removable Items are Unattended 7. Accidental Damage to leads and cables 2.7 Personal Liability 8. Wear and tear, gradually operating causes, wet or dry rot, atmospheric or climatic conditions, frost, insect and vermin What is Covered 9. Marring, scratching, denting other than to musical instruments Within the Territorial Limits. 10. Corrosion, rust, change in temperature, dampness, dryness, shrinkage, evaporation, contamination, change in colour or We will, in respect of the amount shown in the Schedule which You and any Policy Associate named in the Schedule become ﬁnish, dust, chemical action or reaction legally liable for, pay for accidental Bodily Injury, death, disease, or Accidental Damage to any person or Accidental Damage 11. Mechanical, electronic or electrical breakdown and/or derangement unless ﬁre ensues immediately to third party property which arises from Your use of or ownership of musical, entertainment, sound or lighting equipment, 12. Defects in operation providing You are resident in the United Kingdom. The total amount payable includes reasonable defence costs and expenses 13. Failure to use or maintain the Property Insured in accordance with the manufacturers instructions incurred by You with Our written consent in connection with any Liability insured under this Certiﬁcate. 14. Faulty or defective design, materials or workmanship or latent defect 15. The matching of any undamaged parts of set or Collection What is Not Covered 1. When You are under 16 or over 85 2.5 Loss 2. An excess of £500 for each and every claim arising from damage to third party property 3. Liability arising from loss or damage to property which belongs to You or is in Your care, custody or control What is Covered 4. Where You are entitled to indemnity from another source Within the Territorial Limits. 5. When punitive, exemplary or aggravated damages are awarded against You We will at Our option replace, or pay the cost of replacing the item of Property Insured with a similar article of like kind, 6. Indemnity under this Section in respect of injury, loss, damage, cost or expense of whatsoever nature directly or functionality and quality. indirectly caused by, or resulting from or in connection with any act of Terrorism 7. Any liability for bodily injury, loss or damage What is Not Covered a) To Your employees or members of Your family or household or to their property 1. Any claim under £100 b) Arising out of or in connection with Your trade, profession or business, or assumed under contract other than that of 2. Any Excess and/or Voluntary Excess as shown in Your Schedule musician, music teacher, sound and lighting engineer, entertainer, disc or visual jockey 3. Unexplained loss c) Arising out of the ownership, possession, use or occupation of land or buildings 4. When loaned or hired out by You to any other person, unless You are in attendance d) Arising out of the ownership, possession or use of motorised vehicles, yachts or motorised waterborne craft, airborne 5. When the Removable Items are Unattended craft of any description, animals or ﬁrearms and weapons 6. The matching of any parts of a set, or Collection not forming part of the loss 8. Any liability not involving the use of an item of musical, entertainment, sound or lighting equipment 8 9 2.8 Hire of equipment Section 3 What is Covered Within the Territorial Limits. SECURITY REQUIREMENTS We will pay for the hire of alternative equipment whilst awaiting repair or replacement of Property Insured when the subject of an approved claim 3.1 Security Requirements for Removable Items Security Requirements - Locations Risk What is Not Covered Accidental Damage, Theft or Loss of the Removable Items whilst away from the Insured Location shall only be covered in 1. More than 10% of the Sum Insured or £250 whichever is the lesser for each item to a maximum of £3,000 during any circumstances where: one Period Of Insurance 2. When the claim has not been approved Risk and Requirements 3. Where Our prior authority has not been obtained (a) The Removable Items are not left Unattended; or 4. Where the hire costs are greater than a normal charge through a recognised supplier of temporary (b) The Removable Items are inside a locked room or locked cupboard, and any security devices have been replacement equipment made operational (c) The Removable Items are kept temporarily for a period of not more than 72 hours at any one time in a place of 2.9 Breakdown of the Property Insured entertainment, and have been handed to a proprietor or manager for safekeeping, and kept in a secure locked room, with security devices having been made operational What is Covered Within the Territorial Limits covering any electronic item up to seven years old from date of manufacture, and all guitars and basses (including electric) and all musical instruments speciﬁed on Your Schedule. 3.2 Security Requirements at the Insured Location We will at our option repair to the previous level of functionality or replace if beyond economic repair, where the Property Security Requirements - Locations Risk Insured has failed due to a mechanical, constructional, electronic or electrical breakdown, and/or derangement, or a defect in Accidental Damage, Theft or Loss whilst the item of Property Insured is at the Insured Location shall only be covered in operation, and pay the cost of transport to and from our appointed repair specialists. circumstances where: This section only applies if the required additional premium has been paid and the cover is shown on Risk and Requirements Your Schedule For Property Insured with an aggregate Value of over £15,000 What is Not Covered (a) The security at the Insured Location shall be a minimum of a 5 lever mortise deadlock conforming to BS3621, 5 lever 1. An Excess of £50 for each and every item padlock or 5 lever locking device on all external doors and 2. Where the Property Insured is still the subject of a manufacturers warranty (b) Key operated window locks to all accessible windows at the Insured Location, or 3. Failure to use or maintain the Property Insured in accordance with the manufacturers instructions (c) Such locks be ﬁtted to the doors and windows of room(s) in which the Property Insured is kept, and 4. The use of faulty computer software (outboard only), accessories, computer tapes, ﬂoppy disks and computer viruses, (d) All security devices must be in operation when there is no adult in the Insured Location and non proprietary expansion cards For Property Insured with an aggregate Value of over £30,000 5. Faulty or defective design, materials or workmanship, or latent defect In addition to 3.2 (a) to (d) above: 6. When an additional premium has not been paid 7. Damage to non-working parts such as cabinet trim and ﬁttings and change in colour of ﬁnish (e) A minimum of a Nacoss approved alarm 8. Damage caused by foreign objects or substances not normally associated with the product 9. Repairs carried out by persons not authorised by Us or without Our prior approval For Property Insured with an aggregate Value of over £50,000 10. Any routine maintenance, cleaning, blockage removal, tuning, realignment, modiﬁcation or installation In addition to 3.2(a) to (e) above: 11. Charges where a fault covered by warranty cannot be found with the product (f) The alarm referred to in 3.2(e) must be maintained under an agreement with a Nacoss approved installer or another 12. When products have been purchased outside of the United Kingdom contractor approved by Us in writing 13. Any electronic items (excluding electric guitars and basses) aged over 7 years from date of manufacture (g) The alarm must be connected to a police station and an alarm receiving central station by Redcare or another central 14. Failure of leads and cables monitoring system approved by Us in writing 15. Wear and tear, gradually operating causes, wet or dry rot, atmospheric or climatic conditions, frost, insect and vermin (h) The alarm must be in full and effective working order and in the event of notiﬁcation of activation a key holder shall 16. Corrosion, rust, change in temperature, dampness, dryness, shrinkage, evaporation, contamination, change in colour or attend without delay ﬁnish, dust, chemical action or reaction (i) In the event of any notiﬁcation from the police, alarm installer/maintenance company, local authority or central monitoring station, that their services are withdrawn or suspended, You must notify Us within one working day, and comply with any requirements stipulated by Us in order to ensure the continuance of cover Any further additional security requirements at the Insured Location as may be required and speciﬁed by an Endorsement in Your Schedule. 10 11 3.3 Security Requirements for Vehicles where Removable Items are in a Locked • rebellion, revolution, insurrection; or Luggage Compartment • military or usurped power • ionising radiation or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from burning of Security Requirements - Locations Risk nuclear fuel, or Theft whilst Removable Items are in a Locked Luggage Compartment of a vehicle shall only be covered in • the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear circumstances where: component thereof • pressure waves from aircraft or other aerial devices travelling at supersonic speeds Risk and Requirements • willful, self inﬂicted injury or illness; (a) All doors, windows and other openings of the vehicle are left closed, securely locked and properly fastened; or (b) Access to the vehicle must have been by Forcible and Violent Entry • suicide or an attempt to commit suicide; or (c) All security devices installed in the vehicle are in operation and • willful exposure to danger, except in an attempt to save a human life; (d) When Removable Items exceeds £15,000 in aggregate or an individual item exceeding £3,000, the vehicle must be • solvent abuse; or ﬁtted with a Thatcham category 1 or 2 alarm/immobiliser • being under the inﬂuence of alcohol or drugs, except those prescribed by a registered Doctor and not those drugs (e) If the immobiliser is not factory ﬁtted, it must have been installed by a member of the Vehicle Security Installation Board, prescribed for drug addiction: and evidence of such must be provided in the event of a claim • or You engaging in any illegal or criminal act (f) When You are outside of the United Kingdom where it is impossible to comply to the Thatcham security requirements, Theft shall only be covered If the vehicle is ﬁtted with a factory ﬁtted alarm or immobiliser and evidence of its existence 4.2 Any individual item not speciﬁed in the Schedule as Property Insured must be provided in the event of a claim (g) Any vehicle used must have 4.3 Any liability in excess of the Sum Insured, or Value, whichever is the lesser • valid motor insurance; • a valid MOT certiﬁcate where applicable 4.4 The Property Insured where Evidence Of Ownership has not been provided • current road tax where applicable; and • all windows and locks that are capable of rendering the vehicle secure. 4.5 Any additional claims costs resulting from supply of equipment from outside the United Kingdom, when items are unavailable in the United Kingdom or delivery is required to addresses outside of the United Kingdom Requirements in addition to 3.3 (a) to (g) for (h) Trailers where in a locked rigid bodied trailer it must be attached to the vehicle by a shackle bolt 4.6 Any individual item of Property Insured with a Value over £10,000 unless We have agreed cover and included the item (i) Hatch - Back, four wheeled drive, and estate car, where in a rear storage area of a hatch-back, four wheel drive or in the Schedule and speciﬁed any applicable Endorsement estate car, a factory ﬁtted cover must be in place and if not available, the Removable Items must be out of sight, and if the Value is less than referred to in 3.3 (d) You must have a Thatcham approved Category 3 steering lock 4.7 Any consumable items such as strings, leads, cables, reeds, drum skins and Accidental Damage to cymbals, valves, immobiliser ﬁtted to the vehicle unless 3.3 (d) security is installed whether required or not speaker cones, bulbs, fuses, wiring failure, disks and software (unless the software is purchased new as a standard (j) Van or mini bus - where in a rigid bodied van or mini bus, the windows must be obscured and the Removable Items software package used exclusively for the production of music, and providing that it cannot be reinstated from a back up must be in a compartment not accessible from the driver’s area disk (any such back up disk must be kept in a separate location), and that any code (a record of which must be kept by You) or protection device is no longer available or will operate, and sound cards (unless installed as part Section 4 of the Property Insured and referred to in the Schedule) 4.8 Collections, unless You have provided Us within 28 days of the Commencement Date, with a full list of all items in the Collection GENERAL EXCLUSIONS APPLICABLE TO 4.9 Collections of CD’s, vinyl records, dats, mini disks, dvd’s and karaoke tapes, except when there is a Loss of the entire collection as a result of ﬁre, ﬂood or Theft, when We will at Our discretion replace all or part of any loss and any THE CERTIFICATE OF INSURANCE unreplaced items be compensated by payment 4.1 This certiﬁcate of insurance does not cover any Accidental Damage, Loss or Theft or any expense whatsoever or any consequential loss or any legal liability of whatsoever nature, directly or indirectly caused contributed to by or happening through or in consequence of: (a) any act of fraud or dishonesty by You or anyone acting on Your behalf; (b) delay, conﬁscation, nationalisation or detention by Customs or other government or public authority; (c) depreciation or consequential loss of any kind; (d) intentional causes at the direction of, or with Your knowledge; (e) the failure of; or the fear of the failure of; or the inability of any equipment or any computer programme to recognise, interpret correctly or process any date as its true calendar date or to continue to function correctly beyond that date; (f) • war or invasion; or • Terrorism; or • acts of foreign enemies; or • hostilities (whether or not war has been declared); or • civil war; or 12 13 Section 5 5.9 Reasonable Care You must take all reasonable care to prevent any Accidental Damage, Theft or Loss and keep Your Property Insured CONDITIONS and the Insured Location in a good state of repair and condition. You must take all reasonable care to comply with all statutory obligations and regulations imposed by any statutory, regulatory, or government authority. 5.1 Automatic Reinstatement of Cover 5.10 Subrogation In the event of a claim resulting in a total loss and subsequent replacement or cash payment, We will automatically In the event that a third party is deemed liable for part or all of any claim, We may exercise Our right of subrogation. reinstate cover on Your replacement equipment upon conﬁrmation from You of the new property to be insured without You shall, at Our request and Our expense, agree to and permit Us to do such acts and things as may be necessary change to the Schedule renewal date. Following a claim, We reserve the right to decline cover or apply special terms. or reasonably required for the purpose of exercising this right. You will take no action or make any agreements that may weaken or remove Our rights under this clause without Our prior written permission. We will pay any costs or 5.2 Cancellation expenses involved in exercising Our right of subrogation. We can cancel Your certiﬁcate of insurance by sending You 7 days notice in writing by recorded delivery to Your last known address. In these circumstances We will repay any unused part of Your Premium. You have a right to cancel 5.11 Under Insurance within 14 days. However we have extended this statutory period to 28 days from the Commencement Date. You will A proportionate reduction in any claims settlement will be made should You under insure (i.e.: the Sum Insured is receive a refund of Your Premium less an administration fee of 20% of the Premium, subject to a minimum of £5 and a less than Value). maximum of £25, and a time on risk charge apportioned as a percentage of the Premium. No refunds are payable for cancellation, in part or in whole, by You for any reason outside of 28 days from the Commencement Date, other than amendments as allowed. 5.3 Contracts (Rights of Third Party) Act 1999 Section 6 A person who is not party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce CLAIMS any term of this contract but does not affect any right or remedy of a third party which exists or is available apart from that Act. On the happening of any event which may give rise to a claim: 5.4 Data Sharing 6.1 You shall give immediate notice, as soon as You become aware to: Under the terms of the Memorandum of Understanding in respect of information sharing between the Police Service and (a) the police in respect of any Theft or malicious damage and the insurance industry, We will ask for Your consent that personal data can be shared with the relevant (b) Us via Police Constabulary to assist in the validation of Your claim. Failure to give Your consent may prejudice Your claim. We Claims Department of Pavilion Insurance Management Limited, may share claims and underwriting information with other insurers and third parties in the course of conducting Pavilion House, Mercia Business Village, Coventry, CV4 8HX. Our enquiries. Telephone (CLAIMS DEPARTMENT) 02476 851050. 5.5 False/Fraudulent Claims Failure to comply with either or both clause 6.1 (a) or (b) may result in a claim being rejected. If You or anyone acting on Your behalf makes a claim under this certiﬁcate of insurance and know the claim is false or fraudulent in any way, the cover is void and the claim will not be paid, and all monies received by You or Your 6.2 Within 30 days of notifying Us, You shall supply, at Your own expense full details of the claim in writing together with any representatives, shall be immediately repaid. supporting information, Evidence Of Ownership and proofs which We may reasonably require. 5.6 Important Changes Failure to comply with clause 6.2 may result in a claim being rejected. The cover under this certiﬁcate of insurance is based on information You have given Us and conﬁrmed in Your Schedule. You must tell Us as soon as possible if any of this information changes, as Your cover will be affected. 6.3 No claim shall be paid until You have complied with clause 6.1 and 6.2. 5.7 Material Facts 6.4 We have the right, without thereby incurring any liability and without diminishing Your right to rely on any condition You should advise Us of any Material Facts or information that would have a bearing on Us accepting You and the of this certiﬁcate of insurance, to take and keep possession of any of the Property Insured and to deal with salvage in a Property Insured for insurance, in particular any previous events involving Accidental Damage or Theft whether insured reasonable manner, but You shall not abandon any Property Insured to Us. or not. In particular, You must tell Us about: (a) previous convictions for any act of fraud, theft or dishonesty; 6.5 You shall give such information and assistance as We may reasonably require, to substantiate any claim. (b) previous claims made under any previous insurance; (c) where any special terms or conditions have been applied by previous insurers; or 6.6 In respect of personal liability claims, You must send Us any claim, writ or summons as soon as You receive it. Do not (d) where You have been refused or declined cover by a previous insurer. negotiate, pay or settle, admit or deny any claim without Our written permission. You must also notify Us in writing of any impending prosecution inquest or fatal accident enquiry. 5.8 Other insurance If at the time of any claim covered under this certiﬁcate of insurance, You have any other insurance or guarantee which covers the same theft, accidental damage, loss, damage or personal accident, We will only pay a rateable share of the claim. In respect of personal liability cover under section 2.7 no cover is available under this certiﬁcate of insurance if You have indemnity from any other source. 14 15 Section 7 Section 9 WHAT TO DO IF YOU HAVE A COMPLAINT INFORMATION ABOUT YOUR INSURANCE PROVIDERS It is always Our intention to provide a ﬁrst class standard of service. However, any enquiries or complaints You may have Musicguard regarding this insurance cover should be addressed to: is a registered trade mark of Pavilion Insurance Management Limited whose registered ofﬁce is at: Pavilion House, Mercia Business Village, Westwood Business Park, Coventry CV4 8HX. 1. The Managing Director The company is registered in England - registration number 3236246 Pavilion Insurance Management Ltd. Pavilion House, Mercia Business Village, Coventry CV4 8HX The ultimate holding company is: If You remain dissatisﬁed You are welcome to write to: Pavilion Insurance Network Plc which is listed on the AIM market of the London Stock Exchange. 2. Head of Claims The company is authorised and regulated by the Financial Services Authority. UK Underwriting Ltd. 2 Gibraltar House, Bowcliffe Road, UK Underwriting Limited Leeds LS10 1RJ whose registered ofﬁce is at: 2 Gibraltar House, Bowcliffe Road, Leeds LS10 1RJ. Please quote Your Schedule and/or claim number so that Your enquiry can be dealt with quickly. The company is authorised and regulated by the Financial Services Authority You will also have the right to ask the Financial Ombudsman Service to review Your case at the following address: Norwich Union Insurance Limited 3. The Financial Ombudsman Service (FOS) Whose registered ofﬁce is at: 8 Surrey Street, Norwich NR1 3NG. South Quay Plaza, 183 Marsh Wall, The company is registered in England - registration number 99122. London, E14 9SR The company is authorised and regulated by the Financial Services Authority Tel: 0845 080 1800 Norwich Union is an Aviva company. Aviva plc is the world’s ﬁfth - largest insurance group (based on gross worldwide premiums) and the biggest in the UK. It has substantial businesses elsewhere around the world. General Insurance is one Section 8 of its main activities. It has premium income and investment sales of £30 billion, and around £240 billion of assets under management. Together with 30 million customers worldwide you can be sure that Aviva are in a position to help you guard against the unexpected, or protect the things that are important to you. COMPENSATION SCHEME This procedure will not prejudice Your right to take legal proceedings. However, please note that there are some instances when the FOS cannot consider complaints and the complaints procedure must be fully exhausted before You consider legal proceedings. Norwich Union Insurance Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if they cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 100% of the ﬁrst £2,000 and 90% of the remainder of the claim. You can get more information about compensation scheme arrangements from the FSCS. The FSCS can be contacted at 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or Fax: 020 7892 7301), or by e-mail (firstname.lastname@example.org). 16 17 Contact us POLICY SUMMARY You can contact Musicguard by phone: For Sales and Administration please call: 02476 851000 For Claims please call: 02476 851050 Fax 02476 851080 Email email@example.com Web site www.musicguard.co.uk Some important facts about your insurance are summarised below. This summary does not describe all the terms and conditions of your policy, so please take time to read the policy document to make sure you understand the cover it provides. Our address: Insurer: Norwich Union Insurance Limited Pavilion House Mercia Business Village Westwood Business Park Musicguard - Flexicover Coventry CV4 8HX ABOUT YOUR COVER Musicguard is a trading name of Pavilion Insurance Management Ltd. FEATURES AND BENEFITS SIGNIFICANT EXCLUSIONS OR POLICY SECTION Registered in England 3236426 INCLUDED AUTOMATICALLY LIMITATIONS Authorised and regulated by the Financial Services Authority Theft of the Property Insured from Any claim under £100 2.1.1 within the Territorial Limits, when from the Insured Location Unless involving Forcible and Violent 2.1.3 Entry and You have complied with Security Requirement 3.2 Theft from any building at the Insured 2.1.7 Location which is not of brick or stone built construction with a tiled or multi layer roof and securely locked, unless speciﬁed in an Endorsement Theft of the Removable Items within Any claim under £100 2.2.1 the Territorial Limits, when not from a Locked Luggage Compartment When the Removable Items are in a 2.2.3 locked room or cupboard away from the Insured Location unless access has not been made by Forcible and Violent Entry and You have complied with Security Requirements 3.1b or 3.1c as applicable When the Removable Items are 2.2.4 unattended Accidental Damage to the Property Any claim under £100 2.4.1 Insured and Removable Items within the Territorial Limits When Accidental Damage is sustained 2.4.3 in transit to Removable Items, when handed to a recognised transport provider, unless the Property Insured is securely packaged in a purpose designed Rigid Bodied Case When the Property Insured is 2.4.6 Unattended 18 19 Loss Any claim under £100 2.5.1 UK only extended to EU and up to Same as where Territorial Limits apply 30 days Worldwide during any one When the Removable Items are 2.5.5 Period of Insurance Unattended UK only extended to Worldwide Same as where Territorial Limits apply Personal Accident whilst using an The amounts We will pay under this 2.6 cover at any time during the Period of item of musical, entertainment, sound section are: Insurance or lighting equipment • Loss of Limb £5,000 • Loss of Sight £5,000 Breakdown of the Property Insured An Excess of £50 for each and every 2.9.1 • Permanent Total Disablement £10,000 within the Territorial Limits covering item • Death £10,000 any electronic item up to seven years Beneﬁt under this section shall be old from date of manufacture, and all When the item has been purchased 2.9.12 payable to You or Your nominees, guitars and basses (including electric) outside the UK and shall be limited to a maximum and all musical instruments speciﬁed of £10,000 per person. General in Your Schedule Any electronic items (excluding electric 2.9.13 Exclusions and Conditions apply guitars and basses) aged over 7 years from date of manufacture Any loss directly or indirectly arising 2.6.4 from stress, trauma or psychiatric illness Policy Associates Personal Accident and Personal Liability Personal Accident whilst using an The amounts We will pay under this 2.6 Personal Liability which arises from The amount We will pay is up to the 2.7 item of musical, entertainment, sound section are: the use or ownership of musical, amount shown in Your Schedule or lighting equipment • Loss of Limb £5,000 entertainment, sound or lighting • Loss of Sight £5,000 equipment We will not pay the ﬁrst £500 of each 2.7.2 • Permanent Total Disablement £10,000 and every claim arising from third party • Death £10,000 property damage Beneﬁt under this section shall be payable to You or Your nominees, Claims arising out of or in connection 2.7.7 b) and shall be limited to a maximum with Your trade, profession or of £10,000 per person. General business, or assumed under contract Exclusions and Conditions apply other than that of musician, music teacher, sound and lighting engineer, Any loss directly or indirectly arising 2.6.4 entertainer, disc or visual jockey from stress, trauma or psychiatric Hire of Equipment Costs of more than 10% of the sum 2.8.1 illness insured or £250 whichever is the lesser for each item to a maximum Personal Liability which arises from The amount We will pay is up to the 2.7 of £3,000 during any one Period of the use or ownership of musical, amount shown in Your Schedule Insurance entertainment, sound or lighting equipment We will not pay the ﬁrst £500 of each 2.7.2 OPTIONAL COVER SIGNIFICANT EXCLUSIONS OR POLICY SECTION and every claim arising from third party LIMITATIONS property damage The following cover is applicable only if You have chosen to add it to Your policy, the additional premium has been paid and it is listed in Your schedule Claims arising out of or in connection 2.7.7 b) with Your trade, profession or Theft of the Removable Items within Any claim under £100 2.3.1 business, or assumed under contract the Territorial Limits, when from a other than that of musician, music Locked Luggage Compartment When you have not complied with 2.3.4 teacher, sound and lighting engineer, Security Requirement 3.3 entertainer, disc or visual jockey When access has not been made by 2.3.5 Forcible and Violent Entry 20 21 DURATION The cover is for 12 months from the commencement date. Terms of business The Financial Services Authority (FSA) is the regulatory regime for the sale of insurance products. We are required as an authorised company, to give you this statement so that you can be conﬁdent in deciding if our products and services are CANCELLATION RIGHT right for you. Pavilion Insurance Management Limited is authorised and regulated by the Financial Services Authority. Our FSA Register number is 300529. We hope you are happy with the cover this policy provides. You have a right to cancel within 14 days. However we have extended this period to 28 days from the commencement date. Please see 5.2 of section 5 of the policy wording. You can check this on the FSA’s Register by visiting the FSA’s website www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234. MAKING A CLAIM All the specialist insurance products that we sell on our web site www.pavilioninsurance.com and through our call centre If you have a claim please telephone us on 02476 851050 as soon as possible to tell us about it. 02476 851000 have been developed by Pavilion Insurance Management Limited using our specialist knowledge of the markets in which we operate, and are underwritten by a panel of insurers including; Pinnacle Insurance plc, UK HOW TO MAKE A COMPLAINT Underwriting, acting on behalf of Primary Insurance Company Limited, Norwich Union Limited and certain underwriters at Lloyds. We hope you will be pleased with the service we provide. However, if you have a complaint about our service or about a claim, please call us on 02476 851000. If you are still not satisﬁed, please write to: We do not provide advice as part of our service, but we will ask you questions to enable us to provide you with our most appropriate policy options. You will then need to make your own choice on how to proceed. Managing Director Pavilion Insurance Management Limited, If any aspect of our service or products causes you to make a formal complaint, please write in the ﬁrst instance to: Pavilion House, Mercia Business Village, The Managing Director, Westwood Business Park, Pavilion Insurance Management Limited, Coventry CV4 8HX. Pavilion House, Mercia Business Village, If you are still not happy with the response you have received, you have the right to ask the Financial Ombudsman Service Westwood Business Park to review your case. Coventry, CV4 8HX. COMPENSATION SCHEME If we are unable to deal with your complaint to your satisfaction, then you may be entitled to refer it to the Financial Norwich Union Insurance Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled Ombudsmen Service. to compensation from the scheme, if they cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 100% of the ﬁrst £2,000 and 90% of the remainder We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the of the claim. You can get more information about compensation scheme arrangements from the FSCS. The FSCS can be scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Further contacted at 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or information about compensation scheme arrangements is available from the FSCS who can be contacted at: Fax: 020 7892 7301), or by e-mail (firstname.lastname@example.org). 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or Fax: 020 7892 7301), or by e-mail (email@example.com). The compensation limit for insurance mediation where the intermediary fails is 100% of the ﬁrst £2,000 and 90% of the remainder. We deal with you in a professional and courteous manner, and we look forward to the prospect of you being a satisﬁed policyholder. Our objective is to provide an efﬁcient professional, and quality service to all of our customers. 22 23 Hints and Tips The Seal of AVOIDING PROPERTY LOSS There’s a lot you can do to help reduce theft or accidental damage to your equipment. By taking a few common sense precautions, you can reduce the chances of a loss occurring by following the advice below. Good Service We undertake to provide the best service whether you are a web or a telephone customer. • Do not leave your equipment unattended. If you have to leave it at all, even for a few seconds, give it to a friend or We are so conﬁdent that we will meet the Standards we have set ourselves under our ‘Seal of Good Service’ that should we colleague to look after as this is a chance for the opportunist thief to strike. fail to meet any of them we will pay you compensation of £5 by way of a discount off your renewal premium. • Keep your instruments with you at all times when travelling on public transport. • Stay alert when you have your equipment with you on a journey. Attach the strap where available to yourself if 1. The Standards you are going to be asleep for any part of the journey. We will: • Never leave your equipment on show in an unattended vehicle. If your vehicle has an alarm make sure it is in operation. • Despatch your full set of policy documents, either electronically or by post, within 3 working days* • Is your home as secure is it could be? Consider ﬁtting window locks and good quality locks to any entry or exit doors. An • Reply to any written correspondence within 3 working days of receipt** intruder alarm will deter thieves and also give you added piece of mind. • Reply to email communications within 2 working days of receipt • Do not entrust your instruments to anyone who is not personally known by you. • Despatch a claims form within one working day • Ensure that when the equipment is in transit, it is in a rigid body case to minimise impact damage. • Acknowledge any communication regarding a claim within 3 working days • On planes, take as hand luggage where possible. • Respond to a voice message left on our telephone system within 4 working hours • Mark all of your equipment with your postcode by ultraviolet pen. • If eligible despatch an offer to renew your policy no less than 25 days prior to expiry • When not is use, return all instruments to their protective case and make sure your case is securely fastened. * A working day is deﬁned as – any weekday, excluding bank holidays, when normal business is conducted between the • Don’t leave your instruments where they can be sat or trodden on. hours of 9:00am – 7:00pm • When loading and unloading your equipment, check that you have packed all items and not left any at the roadside or on ** Postal despatch – any written communication posted shall be deemed to have been received the next working day if top of your car. Whilst loading, ensure someone stays with the vehicle or lock it between trips. posted ﬁrst class; within 5 working days if posted second class. Any electronic communication shall be deemed to have • Take care around water and other liquids. Equipment is not designed to be used near water. Also ensure that you store been received within the same or the next working day. equipment at an even storage temperature away from humid conditions. • Only ever use your equipment for the purpose it was designed for and in accordance with the manufacturers conditions. 2. Web Operations • Try to avoid leaving your instrument in situations where it can be easily knocked over, or fall over. If our web site is down we will take the order over the phone during normal business hours and set you up as if • Many musicians overlook the personal liability they face whilst using equipment. If you were to damage property belonging conducted on the web and at the same cost. to a third party, injure or cause an accident as a result of your negligent actions, you could be personally liable to meet any costs brought against you. With the increasing number of no win no fee cases, Personal Liability insurance is vital if 3. 28-day money back guarantee you want to protect against an award being made against you. If you change your mind, or ﬁnd that the cover is unsuitable for you, you can cancel your policy within 28 days and receive a refund, subject to conditions. We can cancel your certiﬁcate of insurance by sending you 7 days notice in writing by recorded delivery to your last Spread the cost by monthly direct debit known address. In these circumstances we will repay any unused part of your premium. You have a right to cancel within 14 days. However we have extended this statutory period to 28 days of the commencement date. You will receive You can pay your premium over 12 months by direct debit. The facility is provided via a ﬁnance agreement with PIN Finance Ltd. The agreement can be set up in a few moments either over the web or the telephone. a refund of your premium less an administration fee of 20% of the premium, subject to a minimum of £5 and a maximum of £25, and a time on risk charge apportioned as a percentage of the premium. No refunds are payable for cancellation, in part or in whole, by You for any reason outside of 28 days from the Commencement Date, other than amendments No claims discount as allowed. We provide discounts when you renew if you have had a claims free experience. After two years 5%, three years 10%, and after 5 years 12.5%. We will show any no claims entitlement on your renewal notice, however we can only provide these 4. ‘Double the Difference’ price guarantee discounts when you have renewed your policy on time. We are conﬁdent that our policies contain the best cover at the lowest prices. If you ﬁnd better and cheaper cover within 28 days of your policy’s commencement date (written proof required), we will refund double the difference back in premium. Changes to your policy Simply, if you ﬁnd a policy with the same cover or even better cover at a lower price, within 28 days of taking out cover You can effect changes or additions to your policy on line or via the telephone. It’s cheaper to do this on the web. we will give you double the difference by either a cheque or credit card credit payment, providing of course that you maintain cover with us. It’s cheaper on the web To make sure that we keep on our toes, we also provide this guarantee when you make a renewal. Be very careful when making a decision when placing your insurance that you have fully understood the terms being Our web based customers are guaranteed to get the lowest possible price for a new policy, which is usually around £10 offered to you – for example, there are some companies that quote monthly payments but in fact deﬁne a month as a less than transacting business via our call centre. All our customers get the same price for the renewal of their policy. Web lunar month so you pay 13 payments instead of 12. based customers do not pay an administration charge when making mid - term adjustments on - line, but telephone or postal customers will be charged a £5 administration fee, plus the cost of any additional cover. We do not charge for amendments Our Seal of Good Service is designed to ﬂag the areas where you should expect us to perform and deliver a high level to personal details. of service to you. It is our aim to give you the best cover, best value and best service. If any other areas fail to meet your expectations we would appreciate you giving us the opportunity to put things right.
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