Workmen s Compensation Insurance

Transcription

1 This is a translation of the Danish original insurance terms and conditions. In case of any discrepancies, the wording of the Danish original shall apply. Terms and conditions for Workmen s Compensation Insurance in Tryg Insurance terms and conditions in addition to the Danish Insurance Contracts Act 100 General terms and conditions 101 Payment of premium 102 Duration and cancellation of the insurance 103 Indexation 104 Amendment of the terms and conditions and the premium tariff 105 Change of risk 106 Change of ownership and liquidation 107 Venue and governing law 108 General exclusions 8000 Workmen s Compensation 8001 Scope of cover of the insurance 8002 The Policyholder s duty of disclosure 8003 In case of a claim Page 1 of 5

2 100 General terms and conditions 101 Payment of premium The first premium is payable at the inception of the insurance. Subsequent premiums are payable at the anniversary dates or dates of amendment stated in the policy. Any duties, fees, default interest and other costs will be collected together with the premium. The premium will be collected by way of BetalingsService, giro or where agreed in another way. All the expenses related to the collection and payment of the premium are payable by the Policyholder. The demand note will be sent to the address of payment informed to Tryg. Where the address of payment is changed, Tryg must be notified thereof immediately Where the premium is not paid on the final date for payment, Tryg will send a reminder informing the Policyholder that the insurance cover will lapse if the premium has not been paid within 14 days, at the latest, after the reminder has been sent. If the premium still is not paid, a new reminder will be sent. In accordance with the Workers Compensation Act, cover cannot lapse until after the forwarding of the second reminder Where a reminder is sent, including information on any statutory debt collection, Tryg is entitled to collect service charges, default interest and other expenses. Further, Tryg is entitled to collect a fee for printing documents and other services provided corresponding to the costs defrayed by Tryg in this connection. In case of an increase in these costs, Tryg is entitled to increase interest and fees so that they correspond to the actual costs. 102 Duration and cancellation of the insurance At expiry of the insurance period, the insurance will continue unchanged for a corresponding period of time The Policyholder may cancel the insurance subject to a written notice of 1 month to expiry of the insurance period. Page 2 of 5

3 103 Indexation The premium will be indexed once a year at the first anniversary date of the calendar year. Indexation is based on the development in the wage index for the private sector published by Statistics Denmark; on the development in the average loss of earning capacity awarded by the Danish National Board of Industrial Injuries; and on the development in the awarding procedures of the Danish National Board of Industrial Injuries. However, the premium will, as a minimum, be indexed based on the wage index for the private sector as published by Statistics Denmark Where publication of the components of the index applied no longer exists or where the methods for calculating the index are changed, the Insurer is entitled to continue the indexation based on another index of relevance, including for instance an index published by Statistics Denmark. 104 Amendment of the terms and conditions and the premium tariff At one month s notice to an anniversary date, Tryg may amend the terms and conditions and/or the premium for the insurance where Tryg s premium tariff or insurance terms and conditions are amended for similar types of insurance. Amendments resulting from indexation or statutory provisions will not be considered amendments to the premium and may be made without any notice Where the Policyholder cannot accept the amendment, the insurance may be cancelled subject to a written notice to the date of the amendment. The cancellation right does not apply to amendments resulting from indexation or statutory provisions. 105 Change of risk Tryg must be notified immediately if the insured company moves to another location, if the insured nature of business is changed, if the annual number of employees is changed. Tryg will then decide whether and on which terms and conditions, the insurance may continue Where the Policyholder fails to send such notification, this will be considered as non-performance of the Policyholder s duties; cf. subs , second sentence. 106 Change of ownership and liquidation Page 3 of 5

4 The cover will lapse in case of change of ownership. Therefore, change of ownership must be reported to Tryg immediately. Liquidation is considered a change of ownership. 107 Venue and governing law Where disputes over the insurance agreement are brought before the court, they will be settled by Danish courts and in accordance with Danish legislation. 108 General exclusions If Denmark is at war, claims resulting from acts of war will not be covered under the Workmen's Compensation Insurance Workmen s Compensation 8001 Scope of cover of the insurance The insurance covers the Policyholder against any liability relating to industrial injuries in the form of accidents etc.; cf. s. 6 of the Danish Workers Compensation Act or future provisions replacing it A specified part of the Policyholder s liability may, however, subject to prior agreement thereof, be insured with another insurance company The Policyholder s duty to disclosure Tryg may require information on or documentation for all circumstances which Tryg considers important for the assessment of the risk. Further, the Policyholder must provide Tryg with access to check up on the information provided, including access to inspect the conditions at the workplaces covered by the insurance. Page 4 of 5

5 Where the Policyholder has paid a premium which is too low due to wrong or incomplete information, the Policyholder must pay Tryg the difference between the amount paid and the amount which should have been paid. Tryg is entitled to charge default interest as from the due date of the amount Where the Policyholder fails to provide Tryg with any relevant information; cf. above, this will be considered as non-performance of the Policyholder s duties. Tryg may cancel the insurance subject to one month s notice irrespective of the time of expiry of the insurance insofar as the Policyholder does not fulfil his/her obligations In case of a claim The employer who is under an obligation to insure the injured party is the employer in whose company or in the service of whom, the industrial injury has occurred. Where it is assumed that an industrial injury entitling to payment according to legislation has occurred, this must be reported as soon as possible and not later than 9 days after occurrence of the injury. Where an industrial injury which has not been reported results in the injured party not being able to resume his/her work to full extent exactly five weeks after the accident, the injury must be reported no later than 9 days after the five weeks. Where a death is assumed to result from an industrial injury or where a death occurs at a workplace, this must be reported to the Danish National Board of Industrial Injuries and Tryg within 48 hours. Notice to the National Board of Industrial Injuries, Æbeløgade 1, DK-2100 Copenhagen Ø, can be given on phone no It is the employer who is under an obligation to insure or the person in charge of the operations on behalf of the employer who must report this. Page 5 of 5