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In consideration of the Policyholder (being the person or Company
named as such in the Schedule hereto) paying to the Insurer the full
annual premium specified in the Schedule hereto, the Policyholder
may make a claim for benefits under the ChauffeurPlan Policy in
accordance with the terms and conditions of the ChauffeurPlan Policy
as set out below.
1. THE CHAUFFEURPLAN POLICY
In the event of any of the following circumstances occurring during
the Period of Insurance and subject to the terms and conditions and
all exclusions (specified in Sections 2 to 7 below) the Policyholder
may make a claim in respect of:
1.1 Disqualification
Alternate travel costs if the Policyholder is disqualified from
driving following the accumulation of twelve or more penalty points
under Section 35 of the Road Traffic Offenders Act 1988 (totting up
procedure) or for a single speeding offence under Section 89(1) the
Road Traffic Regulation Act 1984 and Schedule 2 of the said Road
Traffic Offenders Act 1988 (speeding) (or any amendments thereof) or
such disqualification under any similar legislation in force in
Scotland, Northern Ireland, the Channel Islands or the Isle of Man.
1.2 Injury
Alternate travel costs if the Policyholder is unable to drive a
Motor Car due to injuries sustained in an accident caused by
accidental external forcible or violent means at home work or
leisure and/or in a driving accident.
1.3 Theft, Vandalism or Accidental Damage to Motor Car
The average daily cost of hire of a self-drive hire motor car if
during the course of a journey the Motor Car that the Policyholder
or the Policyholder's Partner was driving or in control of becomes
undriveable as a result of a motor accident or because of theft or
vandalism by a third party occurring in the United Kingdom or Europe
for a total period of not more than twenty-eight (28) consecutive
days.
1.4 Emergency Travel and Accommodation
Reasonable emergency accommodation or alternate travel costs if
during the course of a journey the Motor Car that the Policyholder
or the Policyholder's Partner or the Policyholder's Child was
driving or in control of becomes undriveable as a result of a motor
accident or because of theft or vandalism by a third party occurring
in the United Kingdom, the Channel Islands, the Isle of Man or a
member state of the European Union.
1.5 Legal Costs
For legal costs incurred by the Policyholder during a defence of a
charge that whether upheld or not could lead to disqualification of
the Policyholder under Section 35 of the Road Traffic Offenders Act
1988 or Section 89(1) of the Road Traffic Regulation Act 1984 and
Schedule 2 of the said Road Traffic Offenders Act 1988 (speeding)
(or any amendments thereof) or such disqualification under any
similar legislation in force in Scotland, Northern Ireland, the
Channel Islands or the Isle of Man.
2. General Exclusions
2.1 No claim for any benefits generally under the ChauffeurPlan
Policy may be made in the event that at the time of the incident
giving rise to any claim:
2.1.1 the Policyholder (or in the event that the Policyholder's
Partner is making a claim the Policyholder's Partner) had not
attained twenty-one (21) years of age.
2.1.2 the Motor Car that was being driven at the time of the
incident giving rise to the claim was: - neither a Motor Car owned
by the Policyholder Policyholder's Partner Policyholder's Child nor
a Motor Car that the driver (whether the Policyholder Policyholder's
Partner Policyholder's Child) at the time of the incident giving
rise to the claim was not legally entitled to drive.
2.1.3 the Policyholder (or in the event that the Policyholder's
Partner or Policyholder's Child were driving the Policyholder's
Partner or Policyholder's Child) did not have a valid full United
Kingdom Driving Licence.
2.1.4 the Insurer considers that the Policyholder (or the
Policyholder's Partner or the Policyholder's Child) failed to
exercise reasonable care in the driving and control of the Motor Car
that they were driving or in control of at the time of the incident
giving rise to the claim.
2.1.5 the Policyholder's employment or
occupation was that of a taxi or minicab driver.
2.2 No claim for benefits under the ChauffeurPlan Policy may be made
until the Policyholder has paid the full annual premium due to the
Insurer for the Period of Insurance and in the event that the
Policyholder is paying by instalments the Policyholder has paid all
outstanding instalments for the remainder of the Period of
Insurance.
2.3 The Policyholder shall be responsible for all and any petrol
expenses incurred as a result of an incident giving rise to a claim.
2.4 During the Period of Insurance the maximum benefits payable
under each category of the ChauffeurPlan Policy shall not exceed the
maximum sum stated on the Schedule.
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Policy Summary
3. Exclusions to Section 1.1 - Disqualification
In particular the Policyholder may not make a claim for benefits
under Section 1.1:
3.1 if the offence or offences leading to disqualification from
driving under Section 35 of the Road Traffic Offenders Act 1988 or
under Section 89(1) of the Road Traffic Regulations Act 1984 or
under Schedule 2 of the said Road Traffic Offenders Act 1988 (speeding)(or
any amendments thereof) or any similar legislation in force in
Scotland, Northern Ireland, the Channel Islands or the Isle of Man
occurred outside the United Kingdom or the Channel Islands or the
Isle of Man.
3.2 if the vehicle that the Policyholder was driving when the
offence occurred was a vehicle other than a Motor Car as defined in
8.3.4 below or a motor cycle.
3.3 for travel costs incurred as a direct result
of a conviction from being disqualified from driving through the
offences of driving under the influence of drink or drugs or
reckless dangerous careless or inconsiderate driving.
3.4 if the Policyholder is not a holder of a valid
full United Kingdom Driving Licence and has not held a valid full
United Kingdom Driving Licence for a period of at least two (2)
years.
3.5 if at the time of the incident giving rise to a claim the
Policyholder had in the preceding twelve (12) months committed an
offence in respect of a single speeding offence under Section 89(1)
of the Road Traffic Regulation Act 1984 and made a successful claim
under Section 1.1 of the ChauffeurPlan Policy.
3.6 if the Policyholder has made a successful claim for benefits as
a result of disqualification under Section 35 of the Road Traffic
Offenders Act 1988 by reason of penalty points endorsed on his or
her Driving Licence he or she shall not be eligible to make a
further claim by reason of such disqualification for a period of
twelve (12) months from the date of his/her last previous conviction
for the offence which led to or caused the disqualification.
3.7 for that period of disqualification that
exceeds one year.
3.8 if the Policyholder fails to take all proper and reasonable
steps to ensure that his/her defence of any charge that may lead to
disqualification is adequately conducted and presented in the light
of such legal advice as the circumstances of the case may require.
3.9 if the Policyholder has at the commencement of the First Period
of Insurance:-
3.9.1 has endorsed on his or her Driving Licence
more than seven (7) penalty points for an offence committed within
the previous three years.
3.9.2 committed an offence that results or may result in his or her
Driving Licence being endorsed with penalty points that on their own
or with other relevant penalty points total more than seven (7)
points.
3.9.3 has during the previous twelve (12) months been disqualified
from driving by reason of penalty points endorsed on his or her
Driving Licence totalling twelve (12) or more.
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4. Exclusions to Section 1.2 - Injury
In particular the Policyholder may not make a claim for benefits
under Section 1.2:
4.1 for any injury sustained by the Policyholder while under the
influence of drugs or alcohol whether or not the drugs were taken in
accordance with medical prescription or directions.
4.2 for any injury sustained while the Policyholder was flying or
taking part in any aerial activities except while travelling in a
fully licensed passenger carrying aircraft as a passenger and not as
aircrew nor for the purpose of any trade or technical operation in
or on the aircraft.
4.3 for any injury sustained as a result of:
4.3.1 war invasion act of foreign enemy terrorism hostilities
(whether war be declared or not) civil war rebellion revolution
insurrection or military or usurped power.
4.3.2 suicide or attempted suicide or self-inflicted injury or
self-exposure to needless peril.
4.4 for any injury sustained which was a result of or arising from
any physical or mental defect or infirmity known to the Policyholder
before the commencement of the Policy.
4.5 for that period of incapacity that exceeds one year from the
date of injury.
4.6 if the Policyholder refuses or fails to obtain the provision of
any medical report(s) required by the Insurer in accordance with the
provisions of Section 8.6.
4.7 if the Policyholder's incapacity was caused by
a medical condition.
In addition, the Policyholder shall be responsible for paying the
first seven (7) days of any claim for alternative travel costs.
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5. Exclusions to Section 1.3 - Theft Vandalism or Accidental
Damage to Motor Car
5.1 In particular the Policyholder or the Policyholder's Partner may
not make a claim for benefits under Section 1.3:
5.1.1 if the motor accident theft or vandalism
is not the subject of a motor insurance claim by the Policyholder or
the Policyholder's Partner.
5.1.2 for any period of hiring that exceeds twenty-eight (28)
consecutive days.
5.1.3 during the Period of Insurance for any more than the maximum
sum insured as stated on the Schedule.
5.1.4 if the Motor Car becomes undriveable as a
result of a fire mechanical fault or mechanical breakdown.
5.2 In addition the Policyholder or the Policyholder's Partner shall
be responsible for paying for:
5.2.1 the first two days of any consecutive twenty-eight (28) day
period of hiring and may only make a claim for the cost of hiring a
self-drive motor car for the twenty-six (26) consecutive days
following the said first two (2) days of hiring; and
5.2.2 any collision damage waiver personal accident insurance or any
other insurance cover which the suppliers of car hire may require
the Policyholder or the Policyholder's Partner to take out.
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6. Exclusions to Section 1.4 - Emergency Travel and
Accommodation
In particular the Policyholder or the Policyholder's Partner or the
Policyholder's Child may not make a claim for benefits under Section
1.4:
6.1 if the accident theft or vandalism is not the subject of a motor
insurance claim by them.
6.2 for any more than the maximum sum insured as stated overleaf.
7. Exclusions to Section 1.5 - Legal Costs
In particular the Policyholder may not make a claim for benefits
under Section 1.5:
7.1 as a result of legal costs incurred in relation to any other
offence or matter other than in defence of a charge that could lead
to disqualification of the Policyholder under Section 35 of the Road
Traffic Offenders Act 1988 or Section 89(1) of the Road Traffic
Regulations Act 1984 and Schedule 2 of the said Road Traffic
Offenders Act 1988 (speeding) (or any amendments thereof) or such
disqualification under any similar legislation in force in Scotland,
Northern Ireland, the Channel Islands or the Isle of Man.
7.2 for any more than the maximum sum insured as stated on the
Schedule (inclusive of VAT).
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8. Conditions
8.1 The application form Policy Schedule and these terms and
conditions are the basis of and shall form the agreement between the
Policyholder the Insurer.
8.2 The liability to pay any claim for benefits shall be subject to
the Policyholder observing the terms and conditions of the
ChauffeurPlan Policy.
8.3 The following expressions shall have the meanings set out below:
8.3.1 "Policyholder's Child" shall mean any one (1) of the two (2)
children specified on the Policyholder's application form or if not
specified any one (1) of two (2) of the Policyholder's children who
have a full United Kingdom Driving Licence and are under twenty-one
(21) years of age at the time of the incident giving rise to any
claim and reside permanently at the Policyholder's current address.
8.3.2 "First Period of Insurance" shall mean the Period of Insurance
commencing on the date when the Policyholder's application for cover
under the ChauffeurPlan Policy was first accepted.
8.3.3 "Policyholder's Partner" shall mean the partner specified on
the Policyholder's application form or if not specified the partner
of the Policyholder at the time of the incident giving rise to any
claim and who resides permanently at the Policyholder's current
address.
8.3.4 "Motor Car" shall mean a motor vehicle not being a motor cycle
or an invalid carriage that is constructed for the carriage of
passengers and their effects and is adapted to carry not more than
seven passengers and does not exceed three tons and which the
Policyholder or the Policyholder's Partner or the Policyholder's
Child own or are authorised to drive but shall not include any such
motor vehicle which is at any time used for hire or reward.
8.3.5 "Period of Insurance" shall mean the period of insurance
stated on the Schedule.
8.3.6 The “Insurer“ shall mean Isle of Man Assurance Limited (IOMA).
8.3.7 “United Kingdom Driving Licence” shall mean full Driving
Licence valid in the United Kingdom, the Channel Islands or the Isle
of Man.
8.4 The Policyholder shall give the Insurer immediate notice in
writing of any incident that may give rise to a claim under the
ChauffeurPlan Policy or upon receipt of a summons or notice of
intended prosecution and if such notice is not received within
fourteen (14) days of the date of the incident giving rise to a
claim there shall be no obligation to pay any claim for benefits
arising from such incident.
8.5 The Policyholder shall at his or her own expense within seven
(7) days of being requested by the Insurer forward to the Insurer
all such information invoices and evidence in such form as the
Insurer shall request in relation to any claim the Policyholder
wishes to make under the ChauffeurPlan Policy failing which there
shall be no obligation to pay any such claim.
8.6 In the event that the Policyholder wishes to make a claim under
Section 1.2 as a result of an injury the Policyholder shall provide
to the Insurer at his or her own expense:-
8.6.1 a completed and signed "Access to Medical Information Form",
and
8.6.2 a sum to cover the cost of a report from an independent
registered medical practitioner certifying his or her injuries' the
cause thereof and advising as to the period during which the
Policyholder is likely to be unable to drive; and
8.6.3 such further sums as are necessary to cover the cost of
subsequent medical reports (in the same form as specified in Section
8.6.2) from the same independent registered medical practitioner or
a medical practitioner chosen by the Insurer at such intervals as
the Insurer shall require.
In the event that the Policyholder fails to provide the Insurer with
such sum as is necessary to cover the cost of any medical report the
Insurer may deduct the cost of such medical report from any benefit
payable to the Policyholder.
8.7 The Insurer shall not be obliged to release any payment until
the Policyholder substantiates to the satisfaction of the Insurer
the claim and the amount of such claim.
8.8 In the event of a claim arising under Section 1.3 the Insurer
reserves the right to approve the supplier of the car hire services.
8.9 In the event of any claim under this Policy the Insured shall if
requested take or permit to be taken all such action as shall be
required for the purpose of enforcing any rights against or of
obtaining any relief or indemnity from any person to which the
Insurer shall be entitled.
8.10 In the event of any claim under this Policy the Insurer
reserves the right to charge the Policyholder higher renewal
premiums.
8.11 If at any time during the Period of Insurance there is any
other insurance effected by or on behalf of the Policyholder (or
which would be effective but for the existence of the Policy)
covering similar benefits provided by the ChauffeurPlan Policy the
Insurer shall only be obliged to pay the Policyholder the extent of
any excess beyond the amount payable (or the amount which would have
become payable) under such other insurance.
8.12 The Policy may be cancelled by the Insurer serving fourteen
(14) days notice of such cancellation on the Policyholder at his or
her last known address. In the event of such cancellation subject to
clauses 8.15 and 8.16 the Policyholder will be entitled to a refund
of that part of the unexpired premium paid from the effective date
of cancellation.
8.13 If the premium due in respect of the Policy (whether paid
annually or monthly) remains unpaid after the date upon which it or
any part of it becomes due and payable (whether or not demanded) the
Policy shall be deemed to be cancelled forthwith.
8.13.1 The Insurer will give notice of renewal in writing at least
21 days prior to the renewal date and, unless the Policyholder
advises otherwise in writing, will automatically renew policies paid
for by direct debit, credit card or standing order.
8.14 The Insurer reserves the right not to offer renewal of any
Policy.
8.15 The Policy is not transferable and subject to clause 8.12 no
premium or part thereof paid by the Policyholder shall be refunded
in any circumstances whatsoever.
8.16 If the Policyholder shall give false or misleading information
to the Insurer at any time the Policy shall become void and the
Policyholder shall forego all benefits due under such Policy and
shall have no claim against the Insurer whatsoever
8.17 If the Policyholder shall make any claim knowing the same to be
fraudulent as regards to amount or otherwise the Policy shall become
void and all claims under such Policy shall be forfeited.
8.18 If any difference shall arise as to the amounts to be paid
under this Policy such difference shall be referred to the decision
of two (2) arbitrators one to be chosen by the Policyholder and the
other by the Insurer and in the event of the two appointed
arbitrators failing to agree the difference shall be referred to an
umpire chosen by the two (2) arbitrators. The arbitrators and the
umpire shall be (or retired) executive officials of insurance
companies. If either of the parties fails to appoint an arbitrator
within one month after being required by the other party in writing
to do so or if the arbitrators shall fail to appoint an umpire
within one month of their nomination such arbitrators and/or umpire
shall at the request of either party be appointed by the Chairman of
the Association of British Insurers. The costs of the arbitration
shall be paid as the arbitrators or umpire may direct. The decision
of the arbitrators or the umpire shall be final and not subject to
appeal.
8.19 The headings in these terms and conditions are for convenience
only.
8.20 This Policy shall be subject to and construed in accordance
with the laws of the Isle of Man.
8.21 For further information, or if you wish to complain about
any aspect of the service you have received, please contact Isle of
Man Assurance Limited. If your complaint is not dealt with to your
satisfaction you can complain to the Isle of Man Financial Services
Ombudsman. Copies of our complaints handling procedure are available
on request.
8.22 This insurance is underwritten by Isle of Man Assurance Limited
(“IOMA”), of IOMA House, Hope Street, Douglas, Isle of Man. IOMA is
authorised by the Isle of Man Government Insurance and Pensions
Authority. IOMA is not subject to the same regulatory system as that
applicable in the United Kingdom. Holders of policies issued by IOMA
will not be protected by the United Kingdom Financial Services
Compensation Scheme if IOMA should become unable to meet its
liabilities. IOMA is authorised and regulated by the Financial
Services Authority. IOMA is a member of the International
Underwriting Association of London.
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