Personal Accident and Public Liability Insurance Policy

Transcription

1 Personal Accident and Public Liability Insurance Policy

2 Table of Contents 1 Introduction Policy Definitions Policy Exclusions (what is not Covered) Policy Conditions (Your Obligations under this Policy) Section 1 - Personal Accident Section 2 - Public Liability... 16

3 1. Introduction Thank you for choosing WeLoveMusicians insurance from Catlin Insurance Company (UK) Ltd. This policy consists of the Schedule, the coverage Sections stated as operative in the Schedule and Endorsements, if any, all of which are a single document and are to be read as one contract. In deciding to accept this policy and in setting the terms and premium We have relied on the information which You have provided to Us. We will, in consideration of the payment of the premium, insure You, subject to the terms and conditions of this policy, whilst You are using entertainment, sound or lighting equipment, during the Period of Insurance or any subsequent period for which We agree to accept payment of premium. Please read this policy carefully and make sure that it meets Your needs. If any corrections are necessary You should contact Your broker through whom this policy was arranged. Please keep this policy in a safe place You may need to refer to it if You have to make a Claim. 1.1 Accessibility Upon request We can provide Braille, audio or large print versions of this Policy and the associated documentation including the Key Facts document. If You require an alternative format You should contact Your broker through whom this Policy was arranged. 1.2 Data Protection Act Any information provided to Us regarding You, any person insured or any Employee will be processed by Us, in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims or complaints, if any. This may necessitate providing such information to third parties. 1.3 Third Party Rights A person who is not a party to this Policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Policy but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 1.4 Law and Jurisdiction The parties are free to choose the law applicable to this Policy. Unless specifically agreed to the contrary this Policy shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. The language of this Policy and all communications relating to it will be in English. 1.5 Cancellation and Cooling-Off Period Your Right to Cancel during the Cooling-Off Period You are entitled to cancel this Policy by notifying Us in writing, by or by telephone within fourteen (14) days of either: (i) the date You receive this Policy; or 3

4 (ii) the start of Your Period of Insurance; whichever is the later. A full refund of any premium paid will be made unless You have made a claim in which case the full annual premium is due. Your Right to Cancel after the Cooling-Off Period You are entitled to cancel this Policy after the cooling-off period by notifying Us in writing, by or by telephone. Any return of premium due to You will be calculated at a proportional daily rate depending on how long this Policy has been in force unless You have made a claim in which case the full annual premium is due. If You cancel this insurance after the cooling off period, there will be an additional charge, as stated in the Schedule, to cover the cost of providing the insurance. Our Right to Cancel We are entitled to cancel this Policy, if there is a valid reason to do so, including for example: (i) (ii) (iii) any failure by You to pay the premium; or a change in risk which means We can no longer provide You with insurance cover; or non-cooperation or failure to supply any information or documentation We or Our appointed representatives request, such as details of a claim: by giving You fourteen (14) days notice in writing. Any return of premium due to You will be calculated at a proportional daily rate depending on how long this Policy has been in force unless You have made a claim in which case the full annual premium is due. 1.6 Information You Have Given Us In deciding to accept this Policy and in setting the terms including premium We have relied on the information which You have provided to Us. You must take care when answering any questions We ask by ensuring that any information provided is accurate and complete. If We establish that You deliberately or recklessly provided Us with untrue or misleading information We will have the right to: treat this Policy as if it never existed; decline all claims; and retain the premium. If We establish that You carelessly provided Us with untrue or misleading information We will have the right to: (i) treat this Policy as if it never existed, refuse to pay any claim and return the 4

5 premium You have paid, if We would not have provided You with cover; (ii) (iii) treat this Policy as if it had been entered into on different terms from those agreed, if We would have provided You with cover on different terms; reduce the amount We pay on any claim in the proportion that the premium You have paid bears to the premium We would have charged You, if We would have charged You more. We will notify You in writing if (I), (ii) and/or (iii) apply. If there is no outstanding claim and (ii) and/or (iii) apply, We will have the right to: (1) give You thirty (30) days notice that We are terminating this Policy; or (2) give You notice that We will treat this Policy and any future claim in accordance with (ii) and/or (iii), in which case You may then give Us thirty (30) days notice that You are terminating this Policy. If this Policy is terminated in accordance with (1) or (2), We will refund any premium due to You in respect of the balance of the Period of Insurance. 1.7 Changes we need to know about You must tell Us within fourteen (14) days of You becoming aware of any changes in the information You have provided to Us which happens before or during any Period of Insurance. When We are notified of a change We will tell You if this affects this Policy. For example We may cancel this Policy in accordance with the Cancellation and Cooling-Off Provisions, amend the terms of this Policy or require You to pay more for Your insurance. If You do not inform Us about a change it may affect any claim You make or could result in Your insurance being invalid. 1.8 Fraud If You, or anyone acting for You, makes a claim which is fraudulent and/or intentionally exaggerated and/or supported by a fraudulent statement or other device, We will not pay any part of Your claim or any other claim You have made or may make under this Policy. In addition, We will have the right to: treat this Policy as if it never existed, or at Our option terminate this Policy, without returning any premium that You have paid; recover from You any amounts that We have paid in respect of any claim, whether such claim was made before or after the fraudulent claim; and refuse any other benefit under this Policy. 1.9 Sanctions We shall not provide any benefit under this Policy to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation. 5

6 1.10 Questions and Complaints If you are unhappy with any aspect of the handling of your insurance we would encourage you, in the first instance, to seek resolution by contacting the Compliance Officer at WeLoveMusicians through whom your insurance was arranged at Lakeside 300, Old Chapel Way, Broadland Business Park, Norwich NR7 0WG or you can write to us or telephone us on Alternatively You may contact Catlin Insurance Company (UK) Ltd. 20 Gracechurch Street London EC3V 0BG Telephone Number: +44 (0) If You remain dissatisfied after the Compliance Officer has considered Your complaint, or You have not received a final decision within eight (8) weeks, You can refer Your complaint to the Financial Ombudsman Service at: Exchange Tower London E14 9SR complaint.info@financial-ombudsman.org.uk From within the United Kingdom Telephone Number: (free for people phoning from a "fixed line", for example, a landline at home) Telephone Number: (free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02) From outside the United Kingdom Telephone Number: +44 (0) Fax: +44 (0) The Financial Ombudsman Service can look into most complaints from consumers and small businesses. For more information contact them on the above number or address, or view their website: Making a complaint does not affect Your right to take legal action Financial Services Compensation Scheme We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the Scheme if We are unable to meet Our obligations under this Policy. If You were entitled to compensation under the Scheme, the level and extent of the compensation would depend on the nature of this Policy. Further information about the Scheme is available from the Financial Services Compensation Scheme (10th Floor, Beaufort House, 15 St Botolph Street, London, EC3A 7QU) and on their website: 6

7 1.12 Regulatory Information WeLoveMusicians is a trading style of One Broker (Cambridge) Ltd who are authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No Lakeside 300, Old Chapel way, Broadland Business Park, Norwich NR7 0WG. This policy is underwritten by Catlin Insurance Company (UK) Ltd. Registered Office 20 Gracechurch Street, London, EC3V 0BG. Registered in England - Company Number Who are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Firm Reference No ). Further details can be found on the Financial Services Register at 7

8 2. Policy Definitions The following definitions apply to this Policy. Each time the words below are used they will have the same meaning wherever they appear in the Policy or Schedule. To help identify these words they will appear in bold. All the individual policy Sections are subject to the following definitions except where stated below. 2.1 Act of Terrorism shall mean an act or series of acts, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s) committed for political, religious, ideological purposes or similar purposes or reasons including the intention to influence any government and/or to put the public in fear for such purposes 2.2 Accident shall mean a sudden and unexpected event which happens by chance during the Period Of Insurance. 2.3 Accidental Damage shall mean the sudden and unforeseen Accidental Damage to any person including third party property not otherwise specifically excluded from the Schedule or by Endorsement; 2.4 Accidental Death shall mean death as the result of Bodily Injury; 2.5 Benefit Amount shall mean the most We will pay in event of a loss as shown in the Schedule; 2.6 Bodily Injury shall mean death or identifiable physical injury; 2.7 Damage shall mean physical damage or destruction; 2.8 Endorsement shall mean a change in the terms and conditions of this Policy that can extend or restrict cover;. 2.9 Illness shall mean sickness or disease of an Insured; 2.10 Item Insured shall mean the Musical Instruments and Accessories, entertainment, sound or lighting equipment being used at the time of the Loss; 2.11 Loss shall mean physical loss; 2.12 Loss of hearing shall mean Total and permanent loss of hearing in one or both ears that in the opinion of an independent qualified medical referee acceptable to the Insurer is never going to improve Loss Of Limb shall mean the physical separation of a hand at or above the wrist, or of a foot at or above the ankle and shall include the total and irrecoverable loss of use of one or both hands, or feet respectively Loss of speech shall mean the total and irrecoverable loss of the ability to speak or communicate verbally 8

9 2.15 Loss of Sight shall mean permanent and total loss of sight which will be considered as having occurred: in both eyes if the Insured's name is added to the Register of Blind Persons on the authority of a fully qualified ophthalmic specialist; in one eye if the degree of sight remaining after correction is 6/60 or less on the Snellen Scale (meaning seeing at six (6) feet what the Insured should see at sixty (60) feet) Period of Insurance shall mean the period of cover shown on Your Schedule 2.17 Permanent Total Disablement shall mean a disability lasting at least 12 calendar months which entirely prevents You from attending to your usual occupation of any kind and at the end of that period being beyond the hope of improvement; 2.18 Policy shall mean and include all information provided to Us as part of a proposal for the issue, renewal or amendment of the contract of insurance as set out in this document and shall incorporate the Schedule and any Endorsement issued, all of which shall be incorporated in this document; 2.19 Proposal shall mean the written proposal or declaration bearing the date specified in the Schedule and/or any presentation, statements, declarations or information upon which We have relied made by You or on Your behalf to Us for the insurance evidenced by this Policy Schedule shall mean the document showing Your name, Sections Insured and the Period of Insurance Territorial limits shall be as specified in the Schedule United Kingdom includes Isle of Man and Channel Islands Western Europe includes Austria, Belgium, Bulgaria, Croatia, Cpyrus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom Worldwide 2.22 We, us, our, insurer shall mean Catlin Insurance Company (UK) Ltd You, your, insured shall mean the person(s) named in the Schedule 2.24 Your broker the insurance broker or intermediary who arranged this insurance on Your behalf. 9

10 3. Policy Exclusions (what is not Covered) 3.1 We will not pay for any Loss or Damage directly or indirectly caused by:- Biological, Radioactive and Chemical Contamination (i) (ii) (iii) (iv) (v) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. This exclusion (d) shall not apply to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other similar purposes; or any chemical, biological, bio-chemical or electromagnetic weapon. Confiscation, taken, damaged or destroyed property confiscation or nationalisation or requisition by or under the order of any government or public or local authority or any person or body having or claiming jurisdiction in the matter. Controlling, preventing or suppressing any action taken in controlling, preventing or suppressing or in any way relating to (e) and/or (f). In the event any portion of exclusion, (e) or (f) is found to be invalid or unenforceable, the remainder shall remain in full force and effect. (d) Cyber happening through, in consequence of or contributed to by or arising from the use or operation, as a means of inflicting harm, of any computer, computer system, computer software, programme, malicious code, computer virus or process or any other electronic system. (e) Terrorism an act of Terrorism meaning an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear; or 10

11 (f) War war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power, strikes, riots or civil commotion; and 3.2 We will also not pay for: Criminal Act Loss or Damage caused by or arising from the commission of, or the attempt to commit a criminal or unlawful act by You. Excess the first part of any claim where you are responsible for the Excess stated on the Schedule. Indirect Loss Indirect losses of any kind, being any additional claim, physical Loss, physical Damage, cost, expense or other financial liability occurring as a result of but after any insured event. 11

12 4. Policy Conditions (Your Obligations under this Policy 4.1 Important Conditions The following conditions are very important. We explain below what happens to the cover under this Policy if the conditions are not complied with. Assignment You cannot transfer Your interest in this Policy to anyone else without Our written agreement. Premium Payment Premium should be paid in full to Us no later than the start date of this Policy (or, in respect of instalment premiums, when due). Failure to make single or installment premiums when they fall due may result in the immediate cancellation of this Policy. We will not make any payments in respect of Loss which results from Your failure to comply with requirements and above. 4.2 Claims Conditions How to make a claim things You need to do In the event of a claim or possible claim under this Policy, these are the steps You should take: We will not make any payments under this Policy to the extent that We have been prejudiced by any failure to comply with requirements set out below. Claims Notification You must tell Us as soon as practicably possible about any incident or circumstance which You may need to make a claim under this Policy. If You think a crime has been committed, You must also tell the police and obtain a crime reference number from them when applicable and advise Us of it. Making a claim If You need to make a claim please contact Us as soon as practicably possible on From outside the United Kingdom please dial: You can also contact Us in writing as follows:- WeLoveMusicians First Floor, 8200 Cambridge Research Park, Beach Drive, Cambridge CB25 9TL Telephone: claims@welovemusicians.co.uk 12

13 (d) Claims Co-operation You shall at all times co-operate with Us and Our representatives in the investigation and adjustment of any actual or potential claim or the prosecution of any of Our rights to any recovery action by furnishing to Us and Our representatives at Your own expense all information and evidence that may be required. For example We may require: (i) (ii) copies and/or originals of all records relating to Item Insured held by You any evidence relating to the claim until We or Our representatives have had the opportunity to inspect it. Once You have told Us about Your claim, and sent Us all the particular proofs that We may require, We will write or You to let You know if Your claim has been agreed. (f) Joint Insureds If there is more than one Insured, We will not pay more than the Amount Insured in total. (g) Our Rights When We Have Paid Your Claim If We make any payment under this Policy, then We shall be entitled to exercise in Your name, to the extent of such payment, all rights and remedies You have against any party and shall be entitled at Our own expense to sue in Your name. You shall provide all documents and give to Us all such assistance as We may require to exercise such rights and remedies. You shall do nothing to jeopardise or extinguish the rights against any third party which We are entitled to exercise in Your name, and You shall take all necessary steps to preserve such rights. (h) Other Insurance If You make a claim under this Policy and You would also be entitled, provided We have agreed to endorse the other insurance to this insurance, to be paid under any other insurance, then We will only pay Our fair share of the claim. This means We will pay an amount that reflects the proportion which the cover under this Policy bears to the total amount of insurance available to You. 13

14 5. Section 1 - Personal Accident 5.1 Insuring Clause (What is covered) We will pay the amount shown below if at any time whilst You are using an Item Insured, entertainment, sound or lighting equipment, You are involved in an Accident, which shall solely and independently of any other cause, cause Bodily Injury which results in either Your death, Loss Of Limb, Loss Of Sight or Permanent Total Disablement and which occurs within the Territorial Limits during the Period of Insurance. 5.2 Basis of Settlement (What we will pay in the event of a loss) Loss of Hearing in an ear 5,000 Loss Of Limb 5,000 Loss of Speech 5,000 (d) Loss Of Sight in one eye 5,000 (e) Permanent Total Disablement 10,000 (f) Death 10,000 Benefit under this section shall be payable to You and shall be limited to a maximum of 10,000 per person. 5.3 Exclusions applicable to Section 1 (What is not covered) We will not pay for any Benefit under this section:- Age (i) if You are under 16 or over 75; (ii) for Permanent Total Disablement benefit when over 65. Benefit conditions (i) (ii) (iii) (iv) when Your death, injury or Loss does not occur within one hundred and eighty (180) days of the Accident; when You cannot prove to Us that the Permanent Total Disablement has continued for twelve (12) months from the date of the Accident and in all probability will continue for the remainder of Your life; any Accident not involving the use of an item of musical, entertainment, sound or lighting equipment; for more than one benefit. Intentional self-injury or Suicide Suicide, attempted suicide or intentional self-injury or deliberate exposure to exceptional danger (except in an attempt to save human life), or insanity or Your own 14

15 (d) Psychiatric and/or other Illness (i) (ii) when directly or indirectly resulting from stress, trauma or psychiatric illness. Illness of the Insured (e) Pre-Existing Conditions as a result of any pre-existing condition, illness or injury 15

16 6. Section 2 - Public Liability 6.1 Insuring Clause (What is covered) We will cover You for up to 5,000,000 should You become legally liable for, pay for accidental Bodily Injury, death, disease, or Accidental Damage to any person or Accidental Damage to third party property which arises from Your use of or ownership of musical, entertainment, sound or lighting equipment, providing You are a resident of the United Kingdom. The total amount payable includes Defence Costs and Expenses incurred by You. Defence Costs means all costs, fees and expenses incurred with Our written consent in the defence or settlement of allegations in any claim which may, if proven, require Us to reimburse, including those incurred in retaining legal representatives, consultant or other firms or persons to investigate or defend a claim or circumstance reported by You. Defence costs shall be inclusive to the Amount Insured as specified on the Schedule This Section applies where Bodily Injury, death, disease, or Accidental Damage to any person or Accidental Damage to third party property which occurs during the Period of Insurance. 6.2 Exclusions applicable to Section 2 (What is not covered) We will not pay for or include cover for or arising out of or relating to: (I) Age if You are under 16 or over 75; Any liability for Bodily Injury, Loss or Damage:- (i) (ii) (iii) (iv) (v) (vi) to Your employees or members of Your family or household or to their property arising out of or in connection with Your trade, profession or business, or assumed under contract other than that of musician, music teacher, sound or lighting engineer, entertainer, disc or visual jockey. arising out of the ownership, possession, use or occupation of land or buildings. arising out of the ownership, possession or use of motorised vehicles, yachts or motorised waterborne craft, airborne craft of any description, animals or firearms and weapons. arising from Loss or Damage to property which belongs to You or is in Your care, custody or control. where You are entitled to reimbursement from another source. 16

17 (vii) (viii) when punitive, exemplary or aggravated damages are awarded against You. not involving the use of an item of musical, entertainment, sound or lighting equipment. Excess An Excess of 100 will apply for each and every claim arising from Damage to third party property. V4/ WeLoveMusicians is a trading style of One Broker (Cambridge) Ltd who are authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No Lakeside 300, Old Chapel way, Broadland Business Park, Norwich NR7 0WG. 17