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Private Car Policy - HOLDSURE

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Private Car Policy - HOLDSURE Powered By Docstoc
					July 2005




                 Private Car Policy
       Page      INDEX

            2    Preamble
            3    Definitions
            5    Section 1: Loss of or damage to the Insured
                             car (Comprehensive)
            7                Loss of or damage to the Insured
                             car (Third Party Fire & Theft)
            8                Excesses
            9                Exceptions to Section 1
            11   Section 2: Extra Benefits
            13   Section 3: Liability to other people
            15   Section 4: General Terms
            16   Section 5: Foreign use of the Insured car
            17   Section 6: General Exceptions
            19   Section 7: Jurisdiction Clause
            20   Section 8: General Conditions
            23   Complaints procedure
            24   Endorsements




                            1
Guidance Notes

These guidance notes are to    This policy is a legally binding contract of insurance
help you understand this       between you (the insured) and us Berkshire Hathaway
insurance. They do not         International Insurance Limited trading as Holdsure.
form part of the contract      The contract is based on the information you provided
but must be read with the      in your signed proposal form or statement of fact. We
full text of your policy       have agreed to insure you under the terms, conditions and
                               exceptions contained in this policy or in any
                               endorsement applying to this policy. The insurance
                               provided by the policy covers any liability, loss or
                               damage that may occur during any period of insurance
                               for which you have paid, or agreed to pay the premium.
                               Unless specifically agreed otherwise, this insurance shall
Important                      be subject to English Law.

We rely on the information     Contracts (rights of third parties)
you have supplied. If any      The parties to this policy are you and us and any person
information shown in the       or company who is not a party to this policy has no
Schedule or the Certificate    right under the Contract (Rights of Third Parties)
of Motor Insurance is to       Act 1999. This does not affect any right or remedy of
change, you must tell us       a third party that exists or is available apart from that Act.
immediately through your
broker. If you fail to do so   Following inception of this policy you are entitled to a 14
you may not be covered by      day cooling off cancellation period. Within this period you

this insurance.                can cancel your policy without incurring an administration
                               fee. We will refund your premium less a charge for the
                               time you have been insured, unless there has been a loss or
                               incident likely to give rise to a claim, in which case no
                               refund will be due.


                               Signed




                                                       Managing Director


                               Berkshire Hathaway International Insurance Limited
                               trading as Holdsure is authorised and regulated by the
                               Financial Services Authority. Our FSA Register number is
                               202967. You can check this on the FSA’s Register by
                               visiting the FSA’s web site www.fsa.gov.uk/register or by
                               contacting the FSA on 0845 6061234.




                                           2
Guidance Notes

                            Definitions

The words or phrases        we/us/our
shown opposite have the     Berkshire Hathaway International Insurance Limited
same meaning whenever       Trading as Holdsure.
they appear in the policy
and in the Certificate of   you
Motor Insurance,            The Insured policyholder named in the Schedule or
Schedule and                Certificate of Motor Insurance.
Endorsements.

                            The Schedule
                            Details of the Insured and Insurance protection
                            provided which forms part of this policy of insurance.

                            This policy is not effective unless accompanied by a
                            schedule which correctly and fully identifies:-


                            You, your address, where the Insured car is kept,
                            your occupation both full and part time, the Insured
                            car, the terms of your insurance cover and the period
                            for which cover operates. The Certificate of Motor
                            Insurance also identifies the Insured car, the persons
                            who are insured to drive and the uses for which the
                            car is insured.

                            The Insured car
                            The Insured car/vehicle whose details and
                            registration number is shown in the schedule. The
                            subject matter of this contract of insurance.

                            Certificate of Motor Insurance
                            A document which is legal evidence of your insurance
                            and is required by law which forms part of this
                            document and which must be read with this document.




                                        3
Guidance Notes

                 Proposal form or Statement of Fact
                 The proposal for insurance and declaration completed by
                 you or on your behalf or a statement of fact upon which
                 we have relied in entering into this contract. If there is
                 any alteration to the facts shown in this form/statement
                 you should tell your broker.

                 Broker
                 The intermediary who has placed this insurance with us,
                 acting on your behalf as your agent and through whom
                 all matters concerning this insurance are handled.

                 Endorsements
                 A change in terms of this insurance which replaces the
                 standard insurance wording and is printed on or issued
                 with, the schedule.

                 Excess
                 A contribution by you towards the cost of a claim under
                 this insurance. An amount which is not covered by
                 insurance.

                 Period
                 The period shown as the effective dates on the schedule
                 and any period for which we accept renewal of the
                 insurance and a Certificate of Motor Insurance is issued.

                 Market Value
                 The figure recommended by a qualified assessor or
                 engineer for the settlement of your claim for the total
                 loss of your car.

                 Roadworthy Condition
                 Complying with M.O.T. regulations and Department of
                 the Environment Construction Use regulations.




                             4
The policy cover applicable to this policy is shown in the schedule attached to, and
forming part of, this policy.
Section 1: Loss of or damage to the Insured car
                                  Comprehensive
Under this section we             We will cover you against loss or damage (less any
will provide cover when           excess that applies) to the Insured car, including
your car suffers loss or          standard fitted accessories and manufacturers
damage (less any excess           standard fitted audio equipment caused by:-
you must pay) caused by
the events shown                  accidental or malicious damage and vandalism, fire,
opposite.                         lightning, self ignition and explosion, theft or
                                  attempted theft.

Loss or damage to audio           Audio and telephone equipment
and telephone equipment           We will pay an amount no greater than £100 in
is also covered (less any         respect of any one occurrence for loss or damage
excess you must pay).             caused to permanently fitted audio and telephone
                                  equipment, other than the manufacturers standard
                                  fitted equipment.

                                  Under this section we may either:-
These are the ways                pay for the damage to be repaired
we may settle your
claim.                            or

                                  pay an amount equivalent to the loss or damage
                                  or the market value of the vehicle if it is declared
                                  a total loss.
The market value of
the insured car in the
event of a total loss             The most we will pay will either be:-
will be assessed by a
qualified assessor or             the market value (total loss) of the Insured car
engineer. The Insured             immediately before the loss, including its accessories
car then becomes our
property on payment of such       or
an amount.
.                                 the cost of repairing the Insured car

                                  whichever is the lower.

                                  If the Insured car is the subject of a Hire Purchase
                                  Agreement, payment shall be made to the owner
                                  whose receipt shall be a discharge of any claim under
                                  this section.
You should always remove
your personal effects from the
vehicle, following an accident,
if the vehicle is unable to be
driven in order to prevent the
theft thereof.




                                              5
Guidance Notes

This section restricts the   If parts required for repairing the Insured car are
amount we will pay if        not available in the United Kingdom our liability
parts needed to repair the   for those parts shall not exceed the manufacturers’
car are unavailable          last U.K. list price or if not listed the price of those
                             parts for the nearest comparable car available in the
                             U.K.

We will not pay the cost     We will not pay the cost of any repair or
of any repair or             replacement which improves the Insured car, or its
replacement which            accessories to a better condition than they were in
improves the Insured car.    before the loss or damage.

                             If this does happen you must make a contribution
                             towards the cost of repair or replacement.

If the Insured car cannot    Repairs and Recoveries
be driven after an           If the Insured car cannot be driven following an
accident, we will pay the    incident leading to a valid claim, we will pay:-
cost of removing it to
the nearest repairer.        •    the cost of its protection and removal to the
                                  nearest competent repairer, approved repairer or
                                  nearest place of safety. (You shall as soon as
                                  possible telephone our 24 hour claims line on)

                                  08700 366 366

                             •    the reasonable cost of redelivery after repairs to
                                  your home address

                             •    the cost of storage of the Insured car incurred with
                                  our written consent.
You must notify us
immediately storage
charges start to accrue.
Failure to do so may
result in you being
responsible for those
charges.




                                         6
Guidance Notes

                              Section 1: Loss of or damage to the
Under this section we         Insured car
will provide cover
when your car suffers loss    Third party Fire & Theft
or damage (less any excess    We will cover you against loss of or damage (less
you must pay) caused by the   any excess that applies) to the Insured car
events shown opposite.        including fitted accessories and manufacturers
                              standard fitted audio equipment caused by:-

(Accidental damage,           fire, lightning, self ignition, explosion, theft or
malicious damage and          attempted theft
vandalism are not
covered)                      Under this section we may either:

                              pay for the damage to be repaired

                              or

                              pay an amount of cash equivalent to the loss or
                              damage or the market value of the vehicle if it is
                              declared a total loss.

                              The most we will pay will either be:

                              The market value (total loss) of the Insured car
                              immediately before the loss including its accessories

                              or

                              the cost of repairing the Insured car.

                              whichever is the lower.

We will not pay the cost      We will not pay the cost of any repair or replacement
of any repair or              which improves the Insured car or accessories to a
replacements which            better condition than they were in before the loss or
improve the Insured car       damage

                              If this does happen you must make a
                              contribution towards the cost of repair or
                              replacement.

                              When reporting a claim under this section please use
                              our 24 hour claim line on 08700 366 366.




                                          7
Guidance Notes

                           Excesses

An excess is the           If an excess is shown in the Schedule, you have
amount you must pay        agreed to pay that amount for each and every
towards a claim for loss   incident of loss or damage.
or damage to the
Insured car or             Young and inexperienced drivers excesses
accessories (where
applicable)                Young and inexperienced driver excesses apply in
                           addition to other excesses indicated in the
                           schedule:-

These excesses apply in    Drivers or person last in charge of the car
addition to any other      Aged 20 years and under                            £250
excesses in respect of     Aged 21 to 24 inclusive                            £150
accidental or malicious    Aged 25 or more but holds a provisional driving
damage, theft, fire and    licence or has not held, for at least one year, a full
vandalism                  driving licence in the United Kingdom, to drive a
                           vehicle of the same class as the Insured car       £150




                                       8
Guidance Notes

                              Exceptions to Section 1

There are certain             This section of your insurance does not cover the
circumstances which are not   following:-
covered and these are
indicated opposite.           •    the amount of any excess shown in the Schedule
                                   or on the insurance policy or both

                              •    compensation for you not being able to use the
                                   Insured car

                              •    wear and tear, mechanical or electrical breakdown
                                   including failure of any equipment, integrated
                                   circuit, computer chip, computer software or
                                   computer related equipment and failure or
                                   breakages of any part due to application of brakes
                                   or road shocks

                              •    depreciation or loss of value following repairs

                              •    loss of or damage to any radio sets, Citizen Band
                                   radios, telephones (including mobile phones),
                                   television sets, tape recorders, cassette players,
                                   other forms of electrical in-car
                                   entertainment or other similar apparatus or their
                                   accessories which are fitted to the Insured car
                                   (except as insured under Section 1: Comprehensive,
                                   of this insurance)

                              •    loss of or damage to the Insured car arising from the
                                   vehicle being taken or driven by a person not
                                   permitted to drive under the Certificate of Motor
                                   Insurance who is also a friend of the insured or
                                   member of the insured’s family/household unless you
                                   (the insured) prove that person intended to
                                   permanently deprive the owner of that vehicle and a
                                   prosecution of that person is brought by the relevant
                                   authorities.

                              •    loss suffered due to any person obtaining any
                                   property by fraud or deception

                              •    loss or damage caused by pressure waves from
                                   aircraft or any flying object

                              •    damage to tyres caused by puncture, wear and tear,
                                   cuts or bursts, other than covered under Section 1 –
                                   Comprehensive




                                         9
You must take all               •   loss of or damage to car keys, lock or ignition
reasonable measures to              activators, alarm or immobiliser activators
avoid loss or damage
                                •   repairs, re-programming or replacement of any
                                    component, including locks on the Insured car,
                                    consequent upon the loss of or damage to the car’s
                                    keys, lock or ignition activators or alarm or
                                    immobiliser activators

You must lock your car and      •   loss of or damage to the Insured car or anything
remove your ignition key            inside it while you are not in the car arising from
when leaving your car               theft or attempted theft when:-
unattended for even a short
time e.g. at a petrol station           i   ignition keys have been left in or on the
                                            Insured car

                                        ii the Insured car has not been secured by means
                                           of door and boot lock

                                       iii any window or any form of sliding or
                                           removable roof or hood have been left
                                           open or unlocked.




                                            10
Guidance Notes

                            Section 2: Extra Benefits
This section provides       This section applies only if the scope of cover in the
benefits for both you and   Schedule is Comprehensive
your husband or wife
after death or serious      A. Personal Accident
injury involving the        We will pay the following amounts if you or your
Insured car.                wife or husband accidentally receives an injury, as
                            detailed below, which independent of any other
                            cause and within 3 months of the accident, results
                            in:-
                                                                    Amount we will pay
                            _______________________________________________
                            Death                                               £1,500
                            _______________________________________________
                            Complete and permanent:-
                            Loss of sight of both eyes                            £750
                            Loss of two or more limbs                             £750
                            Loss of sight of one eye or loss of one limb          £750
                            _______________________________________________

                            Payment will only be made where the injury or death is
                            directly connected with the Insured car.

Payment is limited          We will make payment to you or your legal representatives

to a maximum of             Payment made under this section will be limited in the
£1,500 in any one           aggregate to £1,500 in any one year of insurance.
year of insurance.
                            This personal accident benefit does not apply to:-
The restrictions in cover
are shown opposite          •    anyone who is under 18 or over 65 years of age at the
                                 time of the accident

                            •    death or bodily injury caused by suicide or
                                 attempted suicide, natural disease or physical
                                 defect

                            •    death or bodily injury while under the influence
                                 of drugs or alcohol

                            •    where the deceased or injured person had not
                                 complied with the law relating to the use of seat
                                 belts.




                                       11
Guidance Notes

Personal belongings in               B. Personal Belongings
your car are covered up to           We will pay a total amount no greater than £100 for
an amount of £100                    personal belongings while in the Insured car, if they
                                     are lost or damaged because of an accident, fire, theft
                                     or attempted theft or by malicious means.

Certain items are not                Personal belongings cover does not apply to:
covered as shown
opposite.                            •    money, stamps, tickets or securities, mobile phones

                                     •    jewellery or furs

                                     •    goods or samples, tools or equipment connected
                                          with any trade or business

                                     •    theft of property in an open or convertible car
                                          unless from a locked boot or locked glove
                                          compartment

                                     C. Medical Expenses
                                     We will pay up to £100 per person for medical
                                     expenses of anyone who is injured while they are in
                                     the Insured car.

This section provides                D.Windscreen Damage
cover for damage to                  We will pay the cost of repair/replacement of broken
glass in the windscreen or windows   windscreens or windows (excluding sunroofs), without loss
                                     of No Claims Discount providing this is carried out by our
                                     approved replacement service and does not exceed 3
                                     claims in any two year period.

An excess of £50 applies
to this cover.                       Replacement by other means is limited to payment of
                                     £75 in any one year of insurance, without loss of No
                                     Claims Discount subject to no more than 3 claims in any
                                     two year period.

An excess does not                   You will be required to pay the first £50 of each
apply if windscreen                  claim under this subsection. Claims for windscreen
repair is undertaken                 repair are not subject to an excess.




                                                12
Guidance Notes

This section shows the           Section 3 : Liability to other people
cover provided to certain
categories of people
allowed to drive the insured
car. Where you are towing
a trailer, the trailer is only   Use of the Insured car
covered for claims made          We will cover the categories of people listed below for
against you                      their legal liability for death, bodily injury or damage to
                                 property caused by the use of the Insured car or an attached
                                 trailer:-

                                 •    you

                                 •    any person permitted to drive the Insured car under
                                      the Certificate of Motor Insurance

                                 •    any person using (but not driving) the Insured car for
                                      Social Domestic and Pleasure purposes with your
                                      permission

                                 •    any passenger in the Insured car

                                 •    the legal representatives of any person who would be
                                      covered under this section

This part explains where         Exceptions
cover does not apply.            We shall not be liable:-

                                 •    if the person driving or in charge of the vehicle
                                      is insured under another motor insurance policy.

                                 •    for loss or damage to property belonging to or in the
We do not have to provide             care of any person insured under this section, or
cover or settle claims                damage to the Insured car or property being
under this section if any             conveyed in it, or for not being able to use such
person claiming under                 property or consequential loss
this insurance can claim
for the same loss from           •    for the death of or bodily injury to,any person covered
any other insurance.                  under this section, unless a passenger in the Insured
                                      car, arises out of the course of his/her employment.




                                            13
Guidance Notes

                            Legal Costs

                            Subject to our prior written consent, we will pay:-
We will pay legal
costs and expenses          •    solicitors fees for representing you at any
that have been                   Coroner’s, Magistrates or similar court
incurred with our
consent                     •    all other costs and expenses

                            provided they arise from an accident that is
                            covered under this insurance.

                            Emergency Medical Treatment

                            We will pay emergency treatment charges
We must provide this        required by the Road Traffic Acts.
cover by law.

Important                   Driving Other Cars
This does not cover any     We will provide cover (if this is specified in your
loss or damage to the car   Certificate of Motor Insurance) to you, any
you are driving.            passenger, any person and legal representatives
                            while you are driving with the owner’s consent,
                            any private motor car which is not owned by or
                            hired to you under a hire purchase agreement,
                            provided you are not covered by any other insurance
                            and the car you are driving is in a roadworthy
                            condition.

                            Driving other cars cover will not operate:-

                            •    if the Insured car is sold or disposed of, or declared
                                 a total loss

                            •    if the car you are driving is owned or provided
                                 by an employer or business partner

                            •    outside the territorial limits of Great Britain, Northern
                                 Ireland, the Isle of Man or the Channel Islands.




                                       14
Guidance Notes

                                   Section 4: General Terms
                                   No Claims Discount
This is a ‘no claims Discount’
and not a ‘no blame Discount’      If nobody makes a claim under or against your insurance
                                   during the Insurance period, we will give you a discount
                                   when you renew your insurance. The discount you will
                                   receive will depend on the no claim discount scale we are
                                   using when you renew your insurance. The discount we
                                   allow at renewal may be affected if insurance cover on the
                                   Insured car has been suspended for more than 30 days
                                   during the period of insurance.
If you make a claim for an event
which is not your fault and we     If a claim is made under your insurance in any period,
have to make a payment, this       we will delete or reduce the discount you receive.
will affect your No Claims
Discount unless we recover our     Your No Claims Discount will not be affected in the
outlay in full, from the           following circumstances:-
responsible party.
                                   •    if you only claim for a broken windscreen or
                                        windows
                                   •    if we only have to pay for an emergency
                                        treatment fee.

                                   You cannot transfer your No Claims Discount to
                                   somebody else.

                                   Right of Recovery
We may recover our                 You will pay to us any amounts which, because of
expenses if we have to pay         your use or your permitting any other person to use
a claim which this                 the Insured car or any vehicle without insurance cover,
insurance would not                we pay in any of the following situations:-
normally cover.
                                   •    amounts we have been required to pay by virtue
                                        of the provisions of the Road Traffic Act

                                   •    amounts we have been required to pay by virtue
                                        of the provisions of any Law, International or
                                        National Agreement.

                                        Any payment we make under this section shall
                                        prejudice your no claims discount and if the
                                        policy is cancelled for any reason or declared
                                        void there will be no entitlement to a return of
                                        premium.




                                              15
Guidance Notes

                                   Section 5: Foreign use of the Insured car
This section describes
the cover available if
you take your car                  If you wish to go abroad, we ask for an extra premium
abroad.                            and agree to extend the cover for your car to apply to
                                   claims occurring:


Unless we agree to                 •    in any country which we have agreed to provide
extend your insurance,                  cover for and while the Insured car is being
the cover is limited to the             transported (including loading and unloading)
minimum cover you
need under the law of the
relevant country                   •    between ports in countries where you have cover,
                                        as long as the Insured car is being transported by rail
                                        or a recognised sea route of not more than 65 hours.
When travelling abroad,
please apply to us before               We will pay the reasonable cost of delivery of the
your trip and we will                   Insured car to you after repairs in the country in
normally agree to extend                which damage was sustained, or to your home
your cover. The extended                address if the damage cannot be repaired
insurance will then apply               economically by the intended time of your return
in the countries which                  to the United Kingdom or if the car is stolen and
which we have agreed to                 subsequently recovered after your return to the
provide cover in, and when              United Kingdom. Where the cost of repatriating the
your car is being transported by        car exceeds it’s market value it shall be deemed
rail or sea between those               a total loss and we shall pay the market value.
countries.
                                        We will also pay the amount of foreign customs duty
                                        for which you are liable as a direct result of loss or
                                        damage to the Insured car preventing its return to the
                                        United Kingdom.

If your car suffers any                 The insurance shall also apply but only in respect of
loss or damage that is                  liability which is compulsorily insurable in the
covered by this                         country concerned while the Insured car is in any
insurance and the car                   country which is a member of the European
is in a country where you               Union and any other countries which have made
have cover, we will refund              arrangements to meet the requirements of the
any customs duty you pay                European Union Directives on Insurance of Civil
to temporarily import your car          Liabilities arising out of the use of motor cars.
                                        .
.

Important
Driving Other Cars cover                DRIVING OTHER CARS COVER shall not apply
does not apply.




                                              16
Guidance Notes

Throughtout this
insurance you have          Section 6: General Exceptions
seen exceptions which
apply to each section.      THESE GENERAL EXCEPTIONS APPLY TO THE
                            WHOLE OF THE INSURANCE.
These general exceptions
apply to all sections       Your insurance does not cover

                            1. Any liability, loss or damage arising while any car
                               covered by this insurance is being:-

                            •    used for a purpose which is not permitted or is
                                 excluded by the Certificate of Insurance. Provided
                                 you do not make a profit, your car is not adapted
                                 to carry more than eight people (including the
                                 driver) and you are not carrying passengers as a
                                 business, your employer may pay an allowance
                                 for the miles you drive or a passenger may
                                 contribute towards fuel.


You must hold a valid UK    •    driven by anyone including you who is disqualified
driving licence and you          from driving or has never held a licence to drive a
should make sure the             vehicle or is prevented by law from having a
people you allow to drive        licence.
also have a valid driving
licence and are not         •     driven or is in the charge for that purpose of any
disqualified                      person who holds or last held a provisional driving
                                  licence unless that person is complying with the
                                 terms and conditions of that licence.

                                 (This exception will not be interpreted to exclude
                                 claims for which we are otherwise liable under
                                 Section 1 of this insurance caused by theft or
                                 attempt thereat or any offence under Section 12
                                 of the Theft Act 1968 – driving away without the
                                 owner’s consent – or arising while the car is in the
                                 custody of a garage for repair or servicing.)

This insurance does not     2.   Any liability loss or damage that occurs outside
extend outside the United        the United Kingdom (apart from minimum cover
Kingdom, apart from the          provided by Section 3) unless extended by the
minimum cover provided by        terms of Section 5: Foreign Use.
Section 3 (Compulsory
cover in the EU)




                                       17
Guidance Notes

Accident injury, loss       3.   Any liability you have accepted under an agreement
damage consequential             or contract unless you would have had that liability
loss or legal liability          anyway.
occurring as a result of
the items specified
opposite are not covered.   4.   Any legal liability of whatsoever nature, directly or
                                 indirectly caused by or contributed to or arising
                                 from:-

                            •    ionising radiations or contamination by
                                 radioactivity from any irradiated nuclear fuel or
                                 from any nuclear waste or from the combustion of
                                 nuclear fuel.

                            •    the radioactive toxic explosive or other hazardous
                                 properties of any explosive nuclear assembly or
                                 nuclear component thereof.

                            5.   Any consequence of war invasion or act of foreign
                                 enemy hostilities (whether war be declared or not),
                                 terrorism, civil war, rebellion, revolution, insurrection
                                 or military or usurped power, martial law, the
                                 destruction or confiscation of property by order of any
                                 government or public authority.

                            6.   Death, bodily injury, loss, damage and/or liability
                                 arising during (unless you prove that it was not
                                 occasioned thereby) or in consequence of
                            •    earthquake
                            •    riot or civil commotion
                                 occurring elsewhere than in Great Britain, the Isle
                                 of Man or the Channel Islands.

                            7.   Liability in respect of:-

                            •    accident, loss or damage to any aircraft

                            •    death or bodily injury arising in connection with
                                 accident loss or damage to any aircraft

                            •    consequential loss arising in connection with
                                 accident loss or damage to any aircraft

                                 incurred caused or sustained while any vehicle
                                 covered by this insurance is in any airport or airfield.

                            8.   Loss or damage by pollution or contamination,
                                 however caused, other than is necessary to comply
                                 with the Road Traffic Act.




                                       18
                Guidance Notes

                             Section 7: Jurisdiction Clause
We will not cover
proceedings brought or
judgements passed in any
court abroad unless we
have agreed to extend        We will not be liable for:-
this insurance to cover
that country.                Any proceedings brought against you or judgement
                             passed in any court outside the United Kingdom,
                             unless the proceedings or judgement arises out of
                             your vehicle being used in a foreign country which
                             we have agreed to extend this insurance to cover.




                                         19
Guidance Notes

                                  Section 8: General Conditions
Once you have asked us            1.    We will only provide the cover described in this
to deal with a claim                    insurance document if:-
under this insurance we
have the right to conduct         •     the full premium has been received by us and anyone
the negotiations as we see              claiming protection has met all the conditions in
fit.                                    this document.

                                  •     the information you gave on your proposal form
                                        or statement of fact and declaration is, to the best
                                        of your knowledge and belief, correct and complete.

                                  •     you let us or your broker have prior or immediate
                                        notification of any change to the information you
                                        supplied at the start of the insurance or any renewal
                                        e.g. any change of car, modifications to the car,
                                        change of occupation (including part-time), address
                                        (including where car is kept), drivers or motoring
                                        convictions, as your premium is based on this
                                        information.
Care of the Insured car
                                  •    you or any permitted driver maintain the Insured car in
                                       a roadworthy condition.

                                  •    you or any person in charge of the Insured car take all
                                       reasonable care to safeguard it and its contents from
                                       loss or damage. For example: the car should not be
                                       left unlocked when unattended. We shall at all times
                                       be allowed free access to examine it.


The car must be maintained              WARNING – If you or anyone acting on your
in a roadworthy condition               behalf knowingly commit a fraudulent act or
at all times. If at the time of         submit a fraudulent document or make a
an accident the car would               fraudulent statement or exaggerate your claim,
not meet current MOT                    we will not pay the claim and cover under this
regulations we may decline              insurance will cease immediately. You will not
to deal with the ensuing                be entitled to any refund of premium.
claim.

                                  2.    If as a result of an incident that gives rise to a claim
                                        you, or any person covered by this insurance, is
                                        convicted of driving whilst under the influence of
                                        alcohol or drugs we will deal with the Road Traffic
                                        Act liability only and then seek reimbursement of our
                                        outlay from you.




                                              20
Guidance Notes
                 3.   In the event of an accident involving the Insured
                      car or if it sustains damage which is covered under
                      the policy, you must as soon as possible telephone
                      our 24 hour claimline on 08700 366 366. Subject to
                      your policy cover the claimline will arrange removal
                      of the car to the nearest competent repairer or place of
                      safety, and safeguard the car and its contents.

                      If your claim is due to theft, attempted theft,
                      malicious damage or vandalism, you must also
                      notify the police and obtain a crime report number.

                      We have the right to remove the Insured car at any
                      time. If the car is damaged beyond economical
                      repair we will arrange for it to be stored safely at
                      premises of our choosing.

                      Any indication of a claim against you must be
                      notified to us in writing as soon as possible. Any
                      writ, or notification of civil or criminal proceedings
                      should be sent to us by recorded delivery
                      immediately.

                      We shall be entitled to take over and conduct the
                      defence or settlement of any claim or prosecute any
                      claim in the name of any person covered by this
                      insurance.

                 4.   No admission of liability, payment or promise of
                      payment shall be made or given by you or any
                      person on your behalf.

                      No proceedings may be commenced against, or
                      settlement accepted from, any other party without
                      our written consent. We shall have discretion in
                      the conduct of any proceedings or in the settlement
                      of any claim and shall be given whatever
                      co-operation, information and assistance is
                      necessary. If there is any other insurance in force
                      which covers the same loss, damage or liability as
                      this insurance, we will only pay our proportional
                      share of the claim.

                      24 Hour Claims Helpline: 08700 366 366
                      Use this number for the initial report of a
                      claim.

                      Holdsure Claims Department
                      NU House, 5th Floor Southernhay, Basildon,
                      Essex, SS14 1EZ
                      Telephone: 0207 662 3100




                            21
                                Guidance Notes

                           5. Suspension of Cover
                              This insurance may be suspended from the date
                              we receive the current Certificate of Motor
                              Insurance until Reinstatement is effected by the
                              issue of a new Certificate of Motor Insurance.

                               A credit calculated at 75% of the pro rata premium

                               for the period of suspension will be deducted from
                               the following renewal premium or a further policy
                               of insurance being effected within 18 months of
                               expiry date.

                               provided that :-

                           •   The period of suspension is not less than 30
                               consecutive days.

                           •   The suspension does not follow a loss or incident
                               which is likely to give rise to a claim.

                           •   The suspension occurs during a period of annual
                               cover.

                               No cash payment can be made in lieu of credit.

Cancelling your            6. We or our duly authorised agent may cancel this
insurance and the amount      insurance by giving not less than seven days notice
of return premium you         by letter to your last known address.
can expect.                   You must return the current Certificate
                              of Motor Insurance to us within seven days to
                              comply with the Road Traffic Act. When we have
                              received the certificate, if there has not been a loss
                              or incident likely to lead to a claim during the period
                              of insurance, we will refund a proportionate amount
                              of the premium for the unexpired period of
                              insurance.

                               When cancellation follows your failure to pay the
                               full premium the amount returned to you will be
                               after deduction of premium at our short period rates
                               for the time the insurance has been in force.

                               You or your duly authorised agent may cancel this
                               insurance on return of the current Certificate of
                               Motor Insurance and provided that during the period
                               of insurance there has not been a loss or incident likely

                               to give rise to a claim you will be entitled to a return of
                               premium based on our short period rates.


                                      22
Guidance Notes

                              7. Short Period Rates
                                 Short period rates will apply where cancellation is
                                 effected by you or on your behalf or as a result of
                                 premium payment default. Time on risk charges
                                 and returns on cancellation are calculated at 90% of the

                                 Pro Rata return for the unused period of cover.

We aim to provide you         8. Arbitration
with a high standard of          If the Insured car is a total loss and we have agreed
service, but if you need to      to compensate you under the policy, but the
make a complaint this            amount to be paid cannot be agreed between us,
information explains             an Arbitrator, acceptable to you and to us shall be
exactly how to proceed.          appointed to decide the amount to be paid to you. The
                                 Arbitrator’s decision will be binding upon you and
                                 upon us.

                              9. If you have any questions or complaints about your
                                 insurance, please contact your broker or agent to
                                 discuss the problem.

                                  If you are not satisfied with his or her answer, please
                                  write, quoting your document number shown in the
                                  schedule, to:

                                  The Managing Director
                                  Holdsure
                                  Birchin Court
                                  20 Birchin Lane
                                  London
                                  EC3V 9DU

                              In the event that you are still not happy with the way your
                              complaint has been handled you may refer it to:-

                              The Insurance Ombudsman
                              South Quay Plaza
                              183 Marsh Wall
                              London
                              E14 9SR
                              Telephone: 0845 0801800

                              This Complaints Procedure does not affect any legal right
                              of action you may have against us.




                                         23
Guidance Notes

An endorsement alters      Schedule of Endorsements
the cover provided by
either all or part of      These Endorsements shall not apply unless the number
your insurance. An         set against them appears in the schedule as ‘endorsement(s)
endorsement only applies   attaching to and forming part of this Insurance’.
if the number of the
endorsement appears in       Endorsement SE1: Accessories Clause
your schedule under          We shall only pay for loss of or damage to accessories and spare
“endorsement attaching”.     parts caused by theft or attempted theft when the Insured car is itself
                             stolen at the same time.


                             Endorsement SE2: No Garage Clause
                             We shall not pay for:-
                             i) Damage to the Insured car caused by frost
                             ii) Loss of or damage to the Insured car by theft or attempted theft
                             unless the car is kept in a locked garage or temporarily parked
                             during the course of a journey.

                             Endorsement SE3: Accidental Damage Excess Clause
                             You will pay the first amount shown in the Schedule in respect of
                             any claim for loss of or damage to the Insured car and/or its
                             accessories and spare parts.

                             You shall repay us any amount not exceeding the aforementioned
                             sum for which we make payment for any claim under this
                             insurance.

                             The expression “claim” shall mean a claim or series of claims
                             arising out of one cause.

                             Endorsement SE4: Limitation of Persons Entitled to Drive
                             We shall not pay for any loss or damage whilst the Insured car is
                             being driven or is in the charge of any person under the age
                             specified in the Schedule.

                             Endorsement SE5: Excluding Personal Accident Benefits
                             Section 2 Personal Accident of this Insurance is cancelled.

                             Endorsement SE6: Increased Radio Limit
                             The amount referred to in Section 1 Audio & telephone equipment
                             is increased to the amount shown in the Schedule.


                             Endorsement SE7: Excluding Driving By a Named Person
                             This insurance shall be inoperative whilst the Insured car is being
                             driven by or is for the purpose of being driven in the charge of the
                             person named in the Schedule.




                                      24
Endorsement SE8: Extension of Windscreen Cover
The amount referred to in Section 2: Windscreen damage is
increased to the amount shown in the Schedule.

Endorsement SE9: Protected No Claims Bonus
We agree that provided no more than two claims occur during a
consecutive three year period of cover, we will maintain your
existing No Claims Discount level. On the occurrence of a third
claim during the specified period your No Claims Discount will
reduce by two years entitlement and to nil if any more than three
claims are notified.

Endorsement SE10: Firms Insurance
The following items of insurance cover are cancelled:
(a) Section 3 Driving other cars.
(b) Section 2 all Extra Benefits


Endorsement SE12: Accidental Damage Excess-Named Drivers
You will pay the first amount shown in the Schedule otherwise
payable in respect of loss or damage to the Insured car and/or its
accessories and spare parts unless the loss or damage is caused by
fire, lightening or explosion or by theft or attempted theft whilst the
Insured car is being driven by or is for that purpose in the charge of
the named person in the Schedule. You will repay to us any amount
not exceeding the aforementioned sum for which we make payment
in respect of any claim, which may be the subject of indemnity
under this insurance.

Endorsement SE13: Tuition
This Insurance is extended to use for tuition purposes in connection
with your business as a driving school whilst the Insured car is
being used for tuition purposes. The excess referred to in Section 1:
Excesses for drivers aged 20 years and under shall be inoperative
and that shown for drivers aged 21 to 24 inclusive shall apply to all
trainee drivers regardless of age.

Where Special Endorsement SE9 (Protected NCD) applies the
protection will not be applicable whilst the Insured car is being
driven by a person who does not hold a full U.K.Licence.

Endorsement SE14: Incorporated into Document
The signed proposal form or statement of fact made by the
policyholder and dated as shown in the Schedule is incorporated in
and forms part of the contract of insurance.


Endorsement SE15: Inoperative Period
Between the dates shown in the Schedule this insurance was not
operative on the Insured car described in the policy Schedule.




         25
Endorsement SE16: Unlimited Windscreen Cover
We will pay the cost of repair/replacement of broken windscreen
and window glass without loss of No Claims Discount. You will
pay the first £50 of each claim under this section. Claims for
windscreen repair are not subject to an excess.




Endorsement SE17: Wheels/Tyres
We will pay for loss of or damage to the wheels and/or tyres of
the Insured vehicle up to an amount that does not exceed the cost
of replacing those wheels and tyres fitted as standard by the
Insured car manufacturer.




Endorsement SE18: Fire and Theft Excess Clause
You will pay the first amount shown in the Schedule otherwise
payable in respect of any claim for loss of or damage to the
Insured car and or its accessories and spare parts.

You shall repay us any amount not exceeding the
aforementioned sum for which we make payment in respect of
any claim which may be the subject of indemnity under the
Insurance. The expression “claim” shall mean a claim or series
of claims arising out of one cause.




Endorsement SE19: Non Standard
Section 1 Excesses: The Young and inexperienced drivers excess
is deleted and replaced by:-
Young and inexperienced drivers excesses apply in addition to
other excesses which you may have to pay and which appear in
the schedule
Age                                                   Excess
20 years of age and under                             £250
Aged 21 to 24 inclusive                               £150
Aged 25 or more but holds a provisional driving
licence or has not held a full UK driving
licence for one year                                  £150




     26
Endorsement SE20: Personal Belongings
Section 2: Extra Benefits, Personal belongings is
deleted.


Endorsement SE21: Immobiliser Warranty
It is a condition of this insurance that an immobiliser system
approved by us is fitted to, is working and when the vehicle is
left unattended is in operation in respect of the Insured car.
In event that this condition is not complied with we will not
pay for any theft or attempted theft claims.

Endorsement SE24: Agreed Value
In the event of the total description or loss of the Insured car
the maximum amount payable by us will be the current
agreed value for the Insured car.

Endorsement SE25: Parts Only
We shall only pay under Section 1 of this insurance the costs
of the essential replacement of parts required to repair the
Insured car and not any labour charges.

Endorsement SE26: Unlimited Windscreen
We will pay the cost of repair/replacement of broken
windscreen and window glass without loss of No Claims
Discount. These claims, providing there is no other damage
to the vehicle, will not be subject to an excess.


Endorsement SE76: Northern Ireland
The Territorial limits of this policy are hereby extended to
include the Republic of Ireland

Notice must be given in writing to the Northern Ireland
Office, Stormont, Belfast or any temporary or permanent
substitute therefore and the local Divisional Commander of
Police within ten days of the happening of any event which
could give rise to a claim for indemnity thereunder for which
compensation is potentially recoverable under the terms of
the Criminal Injuries to Property (Compensation) Act
(Northern Ireland), 1971 or any amendment or amendments
thereof.

Endorsement SE80: Pupil Limit Driving School
Under Section 3: of this Insurance we shall be liable for
claims against the Insured or employee of the Insured in
respect of the Insured car which is being used by them solely
as passengers, for their business of driving tuition. Cover is
restricted to persons permitted to drive by the current
Certificate of Motor Insurance issued under this Insurance.




     27
Endorsement SE27: Property Damage Limit
Under Section 3 of this insurance, property damage
cover is limited to £2,000,000 in respect of any one
occurrence or series of occurrences arising out of one
event.


Endorsement SE28: Property Damage Limit
Under Section 3 of this insurance, property damage
cover is limited to £5,000,000 in respect of any one
occurrence or series of occurrences arising out of one
event.


Endorsement SE29: Property Damage Limit
Under Section 3 of this insurance, property damage
cover is limited to £1,000,000 in respect of any one
occurrence or series of occurrences arising out of one
event.



Endorsement SE30: Property Damage Limit
Under Section 3 of this insurance, property damage
cover is limited to £20,000,000 in respect of any one
occurrence or series of occurrences arising out of one
event.




         28
If you have an accident
Stop as soon as possible, in a safe place. If anybody has
been injured, call the police and ambulance service.

Try and make any injured person comfortable, only
move them if it is necessary to safeguard them from
traffic or further danger, such as fire. If you have a
warning triangle, place it well before the obstruction.

Write down the name, address and vehicle registration
number of the other driver(s). It is worth keeping a pen
and paper in your car, you can then make a quick sketch
of the direction and final position of each vehicle.

If anybody has been injured you should obtain all
drivers’ insurance details and you must give your own to
anyone who has reasonable grounds for requesting them.
It is most important to obtain all witness details.

Do not admit responsibility, either verbally or in writing.
If for any reason you have not been able to exchange
details with other drivers, or you were in collision with
an animal, you must report the incident to the police as
soon as possible, and certainly within 24 hours.

Insurers maintain a Motor Anti-Fraud and Theft Register
and exchange information with one another to prevent
fraudulent claims. In the event of a claim the information
you supply will be made available to other insurers who
are members of Claims and Underwriting Exchange.


 Claimline 08700 366 366

After an accident, or incident for which you wish to
claim under the policy, telephone our claimline on the
number above. Quote your policy number and give all
the information about the incident. If your claim is due
to theft, attempted theft or vandalism you must also
inform the Police and obtain a crime reference number.

The benefits you receive will depend on the level of
policy cover you selected but can include:-

*Windscreen repair/replacement
*FREE collection and re-delivery
*FREE mobile estimating

We will deal with your claim and claims made against
you, as quickly and fairly as possible. Please read the
General Conditions in this policy booklet.


         29

				
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