Cornmarket Car Insurance Scheme - Motor Insurance - Prismic
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Cornmarket Car Insurance Scheme Contents Important: Cover will only apply in respect of those sections which you have selected Page 2 Introduction - Your Policy 3 Definitions 4 Territorial Limits 6 General Policy Conditions Section 1 12 Third Party Insurance 12 Exceptions to section 1 Section 2 14 Loss or damage to your car by fire or theft 14 Excess applicable Section 3 15 Accidental damage to your car 15 Excesses applicable 16 Exceptions to sections 2 and 3 Section 4 18 Standard benefits 21 Policy endorsements 27 General exceptions 30 Claims procedure 30 Claims payment 33 Allianz Claims Notification and Emergency Service 34 Consumer Information
Cornmarket Car Insurance Scheme Introduction - Your Policy This document, in conjunction with your Insurance Act 1936 (or future Statement of Fact or the Proposal Form amendments thereto) which you have signed, your schedule All monies which become or may and endorsements form the basis of become payable by the company under your contract with us and your policy has this policy shall, in accordance with been set up based on the information Section 93 of the Insurance Act 1936, be you have provided. payable and paid in the Republic of Ireland. We will provide the insurance described in this policy if: Finance Act 1999 (or future amendments thereto) 1. The information detailed on your The appropriate stamp duty has been or Statement of Fact or your Proposal shall be paid in accordance with the Form is correct and complete, to the provisions of Section 5 of the Stamp best of your knowledge Duties Consolidation Act 1999. 2. Any person insured has complied The Law Applicable to the Contract with all terms, conditions, exceptions Under the relevant European and Irish and general exceptions of this policy legal provisions the parties to the proposed contract of insurance (we, Allianz p.l.c. and you, the proposer) Please refer to the section headed are free to choose the law applicable to ‘General Policy Conditions’ on page 6 in the contract. this policy for additional important information on this. We propose that Irish Law applies to the contract. Your Policy is made up of the following documents 1. Your Statement of Fact or your Proposal Form 2. Your schedule Signed of behalf of the company 3. This policy document 4. Any endorsement which we may Aidan Hanratty issue to you Director Underwriting You should fully read these documents This policy is underwritten by Allianz p.l.c. and contact us if any information is not Registered Office: Allianz House, correct, or if you have any queries. Elmpark, Merrion Road, Dublin 4 This policy is a legal document and should be kept in a safe place. 2
Cornmarket Car Insurance Scheme Definitions Audio Equipment - means audio, Period of Insurance - The period of this telephone, navigational, global contract of insurance as specified on positioning equipment and/or in-car your schedule/renewal notice. entertainment. Policy - means the contract of insurance Car - means any motor vehicle, the based on the statement of fact/proposal details of which are shown on the form, schedule, policy document and schedule and/or covered on the any endorsements we may issue. certificate of motor insurance. Schedule - means a document which Certificate of Motor Insurance - means details the cover provided by the policy, a document that provides evidence that endorsements operative and your you have motor insurance cover as details. This document forms part of required by law. your policy. Endorsement - means an alteration to Spouse/Partner - means husband, wife the terms, conditions, exceptions and or partner of the Insured who are co- general exceptions of the policy. An habiting and sharing household endorsement may be part of the policy expenses or responsibilities. or we may issue it separately. Vehicle Write-Off - means where the car Excess - means the first amount of any is considered to be either a statutory or loss that you are responsible for in the financial write-off by a suitably qualified event of making a claim. This amount is assessor. deducted from the total claim settlement figure. A statutory write-off means that the car is no longer fit to return to the road and Market Value - means the amount you should be either destroyed or rendered could reasonably expect to pay for your for parts. car had you bought it immediately prior to the loss or damage. This will be A financial write-off means that the car determined by other cars available in the can be repaired to a safe condition but market of comparative make, model, the cost of repairs renders it engine capacity, age, mileage, ownership uneconomical to do so. history, general conditions and any other relevant factors. We may use an We/Us/Our/the Company - means independent specialist firm to determine Allianz p.l.c. the appropriate monetary value. You/Your - means the person named as Misrepresentation - means where an the Insured or Policyholder in the individual fails to disclose information or schedule and certificate of motor provides false inaccurate, misleading or insurance. incomplete information. 3
Cornmarket Car Insurance Scheme Territorial Limits This insurance shall operate in terms of this policy in respect of private cars in the following countries: Republic of Ireland, Northern Ireland, Great Britain, The Isle of Man and the Channel Islands. Your policy is automatically extended to cover you to travel to or in any European country and any other country which has made arrangements to meet the minimum insurance requirements set by the European Union, for up to 60 days in any period of insurance. The insurance also operates during the course of Sea Transit, Channel Tunnel Transport or Rail Transport (including loading and unloading). We will also provide the minimum legal insurance required by law to use the car in any other country which has made arrangements to meet the minimum insurance requirements set by the European Union. Cover Your schedule shows the cover you have selected If your cover is: You have the benefit of Comprehensive The entire policy Third party, Fire and Theft The entire policy, excluding Section 3 Third Party The entire policy, excluding Sections 2 and 3 Person(s) Insured: 1. You 2. Any person permitted to drive as stated in the certificate of motor insurance except a person in the motor trade driving the car for the purposes necessitated by its overhaul, upkeep and / or repair for you 3. Any person using (but not driving) your car with your permission for social, domestic and pleasure purposes 4
Cornmarket Car Insurance Scheme Territorial Limits (Continued) 4. Any passenger travelling in or getting into or out of your car 5. You or your spouse/partner’s employer or business partner if stated in the certificate of motor insurance provided the car is not owned, leased or hired by the employer or business partner 6. The legal personal representative of any of the above person(s) (following the person’s death) but only in respect of the deceased’s liability 5
Cornmarket Car Insurance Scheme General Policy Conditions Paying Your Premium Duty of Disclosure of Material Facts We will provide the cover you have A material fact is anything which affects selected, as shown on your schedule, in this insurance. return for your annual renewal premium or any additional premium which Duty of disclosure of a material fact becomes due. exists at inception and continues throughout the life of the policy and you are under a continuing obligation to tell Premium Paid in Full us immediately about any change which could affect your policy. You must also If you decide to pay your annual renewal have asked all the other drivers covered premium in full, you must ensure that by this insurance any relevant questions we receive the payment on or before to obtain the information about them your renewal date. requested by us. If you are in any doubt as to whether a Paying Your Premium by Monthly fact is material or not, you should Direct Debit contact us for clarification. If you are paying your premium by You must tell us if: instalments you must keep your payments up to date. If you fail to do so 1. You change your car we or Cornmarket Group Financial 2. You buy or take ownership of Services Limited (Cornmarket) may another car withdraw this option, request payment 3. The main driver of your car changes in full or cancel your policy. Refer to your Direct Debit Guarantee for full 4. You wish to cover an additional driver terms and conditions. 5. You require cover on a temporary car, other than as shown in your In the event of a claim in the current certificate of motor insurance period of insurance, the full annual Note: You must tell us if you are the premium becomes due. We reserve owner of the temporary car the right to deduct any outstanding 6. The car has been modified or altered premium from any claim payment we in any way from the manufacturer’s may make to you or request that you specification. This would include but first pay the premium in full before is not limited to changes to the any settlement is made in respect of engine, exhaust, suspension, the a claim. addition of body parts/body kit, wheels and specialised paintwork 6
Cornmarket Car Insurance Scheme General Policy Conditions (Continued) 7. You change your address or where This is not a full list and if you are in any the car is kept overnight doubt, you should contact us. 8. There is a change of use of the car When you tell us about the change, it 9. You or any other person insured may result in a change to the policy change occupation – full and conditions and premium. part time 10. You intend to travel to any country If you or anyone acting on your behalf: not referred to in the territorial limits, or if your intended period of • Fails to disclose a fact that is likely to travel exceeds 60 days influence Allianz in our assessment 11. You or any other person insured or acceptance of your proposal, change their type of driving licence renewal or any alteration to and/or pass their driving test your policy 12. There is a change in the health of or the diagnosis of a condition of you • Knowingly makes a false statement or any other person insured which is to us notifiable to the National Driver • Knowingly sends us false or Licence Service (NDLS). We may fraudulent documents require confirmation that you or any other person insured is fit to drive • Obtains cover by any from a General Practitioner or the misrepresentation or misdescription NDLS We may take one or more of the 13. You or any other person insured following actions: have been involved in a motor accident or claim • Declare your policy void from the 14. You or any other person insured has inception date. In other words, the any motor prosecution pending, been convicted of a motor offence policy will be treated as if it never (other than convictions which are existed spent under the Criminal Justice • Invoke the cancellation clause of this (Spent Convictions and Certain policy Disclosures) Act 2016), been • Cancel your policy from the date of disqualified from driving or had fixed penalty points applied the misrepresentation 15. You or any other person insured has • Not return any premium to you been convicted of a non-motoring • Apply terms and conditions to your offence (other than convictions policy or restrict cover which are spent under the Criminal Justice (Spent Convictions and • Apply a policy loading or recalculate Certain Disclosures) Act 2016) or if your premium which will result in an there is any prosecution pending additional premium due to us 7
Cornmarket Car Insurance Scheme General Policy Conditions (Continued) • Delete a driver or a car which was the • Cancel the policy from the date on subject of the misrepresentation which the fraud was identified • Refuse to pay a claim • Cancel the policy with immediate • Recover from you the total amount of effect any claim already paid under that • Not return any premium to you policy including any recovery costs • Recover from you the total amount of • Inform the appropriate law any claim already paid under that enforcement authorities of the policy including any recovery costs circumstances • Inform the appropriate law enforcement authorities of the This is in addition to any other rights we circumstances have, as outlined in the policy. If we take any of the above actions you will also lose all rights to pursue the Claims Fraud claim. If you or any other person insured: Driving Licences • Make a claim which is in any way false, inflated, exaggerated, or The conditions of a driving licence must fraudulent be obeyed by you or any other person • Support a claim with false or insured. This includes conditions in fraudulent documentation relation to the class of vehicle licenced to drive, the requirement to be • Provide a fraudulent verbal or written accompanied by a qualified driver (if you statement or any other person insured hold a • Mispresent or deliberately fail to learner permit/provisional licence), and disclose relevant information any other condition or restriction that may apply. We may take one or more of the If you or any other person insured fail to following actions: obey the conditions of your driving licence, we may: • Declare the policy void from the inception date. In other words, the • Declare your policy void from the policy will be treated as if it never inception date. In other words, the existed policy will be treated as if it never • Invoke the cancellation clause of existed this policy 8
Cornmarket Car Insurance Scheme General Policy Conditions (Continued) • Invoke the cancellation clause of Deferment Clause - Motoring Offences this policy If you or any other person insured are • Apply terms and conditions to your convicted of a motoring offence prior to policy or restrict cover the renewal of your policy, it may not • Delete a driver who has failed to obey have been reflected when calculating the conditions of their driving licence the renewal terms and premium. If this from the inception date. In other happens, we may choose to treat the words, no cover will have been offence as if it happened during the provided for that driver period of insurance which is shown on the renewal schedule. • Refuse to pay a claim • Recover from you the total amount of any claim already paid under the Deferment Clause - Claims policy including any recovery costs, where it comes to light the driver at If a claim is made prior to the renewal of the time of the incident, did not obey your policy, this may not be reflected in the conditions of their driving licence our offer for you to renew cover. If this happens, you can ask us to change our offer of renewal, or wait until the Other Insurance following renewal date for that claim to be taken into account. If any loss or damage is covered by any other insurance, we will not pay more than our share of the claim. This does Looking After Your Car not override the references to other insurances (Exceptions to Section 1). You must take all reasonable care to: 1. Safeguard your car from loss or Rights of Recovery damage and prevent injuries 2. Maintain your car in a roadworthy If the law requires us to pay a claim condition, make sure that lights, which would not otherwise be covered mirrors and braking systems are by your policy, we reserve the right to working correctly and, where recover the amount from you or the necessary, make sure that the car person on whose behalf we make the has a valid National Car Test (NCT) payment. certificate 3. Fit tyres appropriate to the car, and make sure that tread depths comply to the legal limit 9
Cornmarket Car Insurance Scheme General Policy Conditions (Continued) 4. Make sure you do not leave your policy and we are entitled to keep the ignition keys or any device of similar premium. function in the car while unattended or leave your car unlocked Regardless of which party cancels the 5. Make sure that the car is not policy, if there has been a claim during accessible to any driver who is not the period of insurance we will return insured to drive the car or who does no premium. not hold a valid driving licence or If we or Cornmarket has agreed to having held such a licence is not accept payment of premium for this disqualified from holding one policy by monthly direct debit payments then in the event of non-payment of any monthly payment on its due date, then If you do not do so, we reserve the right we or Cornmarket can cancel this policy. not to pay a claim or if, by law, we are We or Cornmarket will do this by giving obliged to meet a claim then we reserve written notice to your last known postal the right to seek recovery of the address and following expiry of this payment from you. notice, the policy will be automatically cancelled. We or Cornmarket will be The company must have free access to entitled to payment of the premium due examine the car at all times. for the period of insurance and if there is a claim during the current period of insurance we or Cornmarket will be Cancelling Your Policy entitled to the full premium. You may cancel the policy at any time by written notice to us or Cornmarket and Suspending Your Policy you must return the certificate of motor insurance and insurance disc. Your You may suspend your cover, by policy will only be cancelled on receipt returning the certificate of motor of these documents. insurance and Insurance Disc to us or Cornmarket together with written We may cancel the policy at any time by confirmation that you wish to do so. issuing a written notice to you at your last known address. We will allow a refund of 80% of the premium for the period the policy is If there has been no claim or incident suspended provided: that may result in a claim during the current period of insurance, we will 1. Your policy is suspended for a refund part of your premium for any minimum of 28 consecutive days remaining period of insurance unless the reason for cancellation is as detailed 2. You did not make a claim during the in the General Policy Conditions of this current period of insurance 10
Cornmarket Car Insurance Scheme General Policy Conditions (Continued) 3. Your policy is not suspended as a decision of the Umpire and the making result of an accident or loss of an award shall be a condition 4. Your policy is not issued or renewed precedent to any right of action against for less than 12 months us. Claims not referred to the Arbitrator within twelve calendar months from the date on which we have refused to If you pay your premium by monthly provide cover shall be deemed to have direct debit you must continue your been abandoned. payments during any period of suspension. You may not take legal action against us over the dispute before the Arbitrator has reached a decision. Arbitration This does not affect your right to refer All differences arising out of this policy any claim to the office of the Financial shall be referred to the decision of an Services Ombudsman. Arbitrator, or if the parties cannot agree upon a single Arbitrator, to the decision of two Arbitrators, one to be appointed Preferred Customer Discount by each of the parties within one month Based on statistical analysis of your risk after having been requested. The information, you may be entitled to a Arbitrators shall appoint an Umpire who Preferred Customer Discount. Changes will sit with the Arbitrator at their to your risk information may affect your meeting and in case of disagreement, entitlement to this discount. the Arbitrators shall submit to the 11
Cornmarket Car Insurance Scheme Section 1 Third Party Insurance 1. Solicitor’s fees for representation at a coroner’s inquest or fatal injury or in We will pay if you or any other person a Court of Summary Jurisdiction insured becomes legally liable for 2. The cost of defence against a charge damages in respect of: of manslaughter or causing death or serious bodily injury by dangerous • death or bodily injury or disease to driving any person 3. Other costs and expenses which are • damage to property legally recoverable arising from the use of: Emergency Treatment • your car as specified in the current certificate of motor insurance We will pay for emergency treatment charges as required by road traffic • a trailer or caravan whilst coupled to legislation. A payment made for your car as specified in the current emergency treatments will not affect certificate of motor insurance, but your No Claim Bonus. excluding any mobile home or permanently sited temporary dwelling Exceptions to Section 1 The maximum we will pay for property Other than what is necessary to meet damage will be limited to €30 million in the requirements of the road traffic respect of any claim or number of claims legislation, the company shall not be arising out of any one accident and/or liable for: incident. 1. Damage to property belonging to, or held in trust by, or in the custody or Costs and Expenses control of the Person(s) Insured 2. Damage to property stored in or We will pay for reasonable costs and being conveyed by the car expenses recoverable by any claimant in 3. Damage to any car being driven or respect of any claim for which indemnity used by the person(s) insured is provided by this section. 4. Damage or injury caused by any Subject to prior written agreement by person who is insured to drive your us, we will pay for: car under another motor insurance policy 12
Cornmarket Car Insurance Scheme Section 1 (Continued) 5. Death or bodily injury to any person arising out of or in the course of their employment 6. Death or bodily injury to anyone who is driving, or is in charge for the purpose of driving the car Also see General Exceptions applicable to this policy on page 27. Rights of Recovery If any law requires us to pay a claim which would not otherwise be covered by your policy, we reserve the right to recover the amount from you or the person on whose behalf we made the payment. 13
Cornmarket Car Insurance Scheme Section 2 Loss or damage to your car by fire In the event of a claim for the theft of a or theft car, we will request all the keys or any device of similar function of the car from We will pay for loss of or damage to the registered owner. Failure to provide your car and its accessories or spare the keys may have an impact on any parts caused by fire, lightning, explosion, claim you make under this section of theft or attempted theft. the policy The maximum amount we will pay in respect of any claim for loss or Excess Applicable accidental damage will be the market value immediately prior to such loss or You will be responsible for the amount damage. of the excess stated in the schedule whether or not you are at fault for the We will pay for the cost of replacing loss or damage. accessories, spare parts or audio equipment which form part of the manufacturer’s specification for your Customs Duty car. Where accessories, spare parts or audio equipment do not form part of If your car is lost or damaged within the the manufacturer’s specification, we territorial limits and you are charged will only pay for the cost of replacing customs duty, we will also refund the these items if you have notified the customs duty if we cover the loss or change to us and we have agreed to damage to your car. provide cover. Your car must be missing for 14 days after we have been notified before we will consider it lost by theft. 14
Cornmarket Car Insurance Scheme Section 3 Accidental damage to your car Excess applicable We will pay for loss of or accidental You will be responsible for the amount damage to the insured car (including of the excess stated in the schedule panoramic roof glass) and its accessories whether or not you are at fault for the and spare parts while in or on the car loss or damage. This amount is other than loss or damage described in increased by €125 where you hold a Section 2. Learner Permit/Provisional Licence The maximum amount we will pay in Customs Duty respect of any claim for loss or accidental damage will be the market value If your car is lost or damaged within the immediately prior to such loss or damage. territorial limits and you are charged customs duty, we will also refund the Where accessories, spare parts or audio customs duty if we cover the loss or equipment are other than as provided damage to your car. for in the manufacturer’s specification for your car, we will only pay for the cost of replacing manufacturer’s standard items unless you have notified the change to us and we have agreed to provide cover. Additional driver excess amounts In addition to the amount of the excess stated in the schedule, you will be responsible for an additional excess, outlined in the table below, for each and every claim under this Section whether or not you are at fault for the loss or damage. Age of Additional Driver Licence Type Additional Excess applicable 17 to 24 Full Licence/ Learner Permit/ €200 Provisional Licence aged 25 and over Full Licence/Provisional €125 Licence for a period of less than 12 months Exception: If loss or damage results from an incident involving an uninsured third party driver and the circumstances are such that we decide that the driver or person in charge of the insured car was not at fault, then an excess will not apply to your claim. However, if we cannot establish this before paying the claim, the excess will apply. If we subsequently confirm that an uninsured third party driver was involved, we will reimburse the excess. 15
Cornmarket Car Insurance Scheme Exceptions to Sections 2 and 3 We will not pay for: 11. Loss or accidental damage arising from: 1. Losses you sustain through not a. theft or any attempted theft being able to use your car whilst the ignition keys or any 2. The cost of hiring another car device of similar function have 3. Depreciation been left in or on your car 4. Wear and tear b. loss or accidental damage arising from theft or any attempted 5. Repairs or replacements which theft whilst the car is not locked improve your car beyond its condition before loss or damage 12. Theft and /or unauthorised taking of the insured car by any member of 6. Mechanical, electrical or electronic the Insured’s family unless such breakdowns, failures or theft has been reported to An Garda malfunctions Síochána/Police and they have 7. Damage to tyres caused by applying indicated there is a prosecution the brakes, road punctures, cuts or pending bursts 13. Any modifications unless they form 8. Loss of or accidental damage to part of the manufacturer’s standard accessories or spare parts which are specification or are optional extras mobile, portable or removable items that we have agreed to cover of equipment while the car is 14. Broken glass in the windscreen, unattended unless the items have windows or sunroof of your car, or been placed in the locked boot or any scratching of bodywork closed compartment of the car and resulting directly from such the car is locked. This exclusion does breakage where such damage is the not apply in respect of child seat(s). only damage caused The maximum we will pay in respect of loss or accidental damage 15. We will not pay for loss or to a child seat(s) is €500 for any one accidental damage arising out of an occurrence accident if you or any other person insured has been convicted or has a 9. Loss or accidental damage resulting pending conviction for breath, blood from any use of your car not or urine alcohol / drug levels above permitted by the current certificate the legal limit in the road traffic of motor insurance or by any legislation whilst driving or in the uninsured driver custody or control of your car 10. Loss or damage as a result of the car being filled with incorrect fuel type / lubricant. 16
Cornmarket Car Insurance Scheme Exceptions to Sections 2 and 3 (Continued) 16. We will not pay for: a. The cost of importing parts or accessories from outside the European Union b. The additional cost of parts or accessories over and above the price indicated in the most recent manufacturer’s European list price where such parts or accessories are unobtainable or are out of stock c. Any additional cost over and above the repair costs incurred in the Republic of Ireland Also see General Exceptions applicable to this policy on page 27. 17
Cornmarket Car Insurance Scheme Section 4 Standard Benefits options which are defined within the endorsements section of this policy. 1. No Claim Bonus Note: If your NCB has been reduced as a Every year you earn a No Claim Bonus result of a claim which is subsequently (NCB) you will receive a discount off settled at nil, we will reinstate your bonus your annual insurance premium (subject and refund the difference in premium. to our maximum). The table below shows how your NCB If an incident occurs during the period of would change at renewal and what insurance which results in a claim, your effect a claim would have if you have not NCB will reduce, unless you have availed availed of our No Claim Bonus Protection of one of our No Claim Bonus Protection option: Years NCB at next renewal if a claim is made in the Years of current period of insurance: NCB at your last renewal If one claim is made If one claim is made of date up to €10,000 €10,001 or greater 1 Nil Nil 2 Nil Nil 3 Nil Nil 4 1 Nil 5 or more 2 1 Any claim payment for windscreen, theft or fire damage will be paid without impact on your No Claim Bonus entitlement. In the event a claim(s) is made under your policy Allianz reserve the right to increase premiums or change your terms and conditions. 18
Cornmarket Car Insurance Scheme Section 4 (Continued) 2. Temporary Substitutions driver or passengers from the car using cutting equipment. Sections 1, 2 and 3 of this policy are operative in respect of: We will not pay any costs associated with road closure, traffic management or any type of clean up of the accident scene or Any private car (excluding cars used for restitution to property. The maximum Hire or Reward) up to 2000cc loaned to we will pay is €1,000. the Insured for up to seven days by a garage, motor engineer or vehicle repairer while the car described on your 5. Replacement Locks, Car Keys, Key policy schedule is being serviced or Cards and Lock Transmitters repaired or having an NCT. We will pay up to a maximum of €750 towards the cost of replacing and or 3. Car Sharing recoding of locks, keys or similar devices for your car if they are stolen: When your car is being used for social, domestic or pleasure purposes to carry 1. From your permanent or temporary passengers and you receive contributions residence as a result of forcible for this, we will not consider it to be using entry or exit. your car for hire or reward provided: 2. Arising out of an assault or threat of violence on any authorised key a. the car is not constructed or holder. adapted to carry more than eight passengers (excluding the driver) We will not pay: b. the passengers are not being carried for hire or reward purposes 1. If keys are stolen by deception c. the total payments you receive for a or fraud journey do not involve an element 2. If stolen by a member of your family of profit or visitor 3. If your temporary residence is a hotel or guesthouse and the loss is 4. Fire Brigade Charges not reported to the manager or owner Provided the fire gives rise to a valid claim under your policy, we will pay for 4. Any loss where the theft is not charges made by a Fire Authority under reported to An Garda the Fire Services Act 1981 to control or Síochána/Police put out a fire in your car or remove the 19
Cornmarket Car Insurance Scheme Section 4 (Continued) 5. The additional cost of importing any part from outside of the European Union 6. Any loss where the keys are recovered before locks or similar devices are replaced or re-coded A claim under Benefits 5 and 6 will be paid without deduction of excess or impacting on your No Claim Bonus. 20
Cornmarket Car Insurance Scheme Policy Endorsements The following endorsements apply ONLY 1. The car does not belong to you, if the endorsement number is shown in your spouse/partner or your the schedule and are otherwise subject employer to the terms, conditions, exceptions and 2. The car is not hired or leased to general exceptions of your policy. either of the parties described above under a hire purchase or leasing agreement Endorsement No 3 – Windscreen Cover 3. The car is not the property of or in the custody or control of a motor Paragraph No 14 of Exceptions to trade business of which you are a Sections 2 and 3 is deleted. We will pay director, member or employee for repair or replacement of glass in the windscreen, windows and sunroof of 4. The car is a private passenger your car (except panoramic roof glass) vehicle. Cover does not extend to: including any scratching of the bodywork • Vans or car-vans directly resulting from such breakage. • Commercial vehicles (e.g. vans Where the claim is processed through or jeeps with no seats in the back our Aligned Windscreen Repair network or vans adapted to carry no limit applies. passengers except in the case of vehicles professionally modified Where the claim is not processed for drivers or passengers with through our Aligned Windscreen Repair a disability) network, the amount we will pay is • Cars registered outside the limited to €300. Republic of Ireland, Northern Ireland, Great Britain, the Isle of A claim payment under this Section of Man and the Channel Islands the policy will be without application of • Cars with a capacity of more excess or impact on your NCB and will be than seven passengers including without regard to the age of the person in the driver charge of your car at the time of damage. • Cars with engine capacity of more than 3500cc We reserve the right to increase premiums • Cars with a value of more than or change the terms and conditions of €50,000 your policy or withdraw this benefit in the 5. The car has a valid NCT certificate event of a poor claims experience. and is compliant with road traffic legislation 6. You have the owners permission to Endorsement No 4A – Driving Other drive the car and you have not been Cars – Comprehensive Cover and will not be using it for more than 30 days We will provide cover as outlined in 7. Your car has not been sold or Sections 1, 2 and 3 whilst you are driving disposed of another private car, provided: 21
Cornmarket Car Insurance Scheme Policy Endorsements (Continued) 8. Your car has not been declared a under a hire purchase or leasing vehicle write-off agreement 9. You are not insured to drive the car 3. The car is not the property of or in under a separate policy of motor the custody or control of a motor insurance trade business of which you are a director, member or employee Cover under this endorsement is limited 4. The car is a private passenger to use within Ireland and the United vehicle. Cover does not extend to: Kingdom only. • Vans or car-vans • Commercial vehicles (e.g. vans If you fail to adhere to the provisions 1 to or jeeps with no seats in the back 9 listed above, we may: or vans adapted to carry passengers except in the case of • Remove this benefit from your vehicles professionally modified policy for drivers or passengers with • Invoke the cancellation clause of a disability) this policy • Cars registered outside the • Not return any premium to you Republic of Ireland, Northern Ireland, Great Britain, the Isle of • Apply a policy loading or recalculate Man and the Channel Islands your premium which will result in • Cars with a capacity of more an additional premium due to us than seven passengers including • Recover from you the total amount the driver of any claim already paid under the 5. The car has a valid NCT certificate policy including any recovery costs, and is compliant with road traffic arising out an incident where cover legislation had been provided under this endorsement 6. You have the owners’ permission to drive the car and you have not been and will not be using it for more than 30 days Endorsement No 4B – Driving Other 7. Your car has not been sold or Cars – Third Party Cover disposed of We will provide cover as outlined in 8. Your car has not been declared a Section 1 whilst you are driving another vehicle write-off private car, provided: 9. You are not insured to drive the car under a separate policy of motor 1. The car does not belong to you, insurance your spouse/partner or your Cover under this endorsement is limited employer to use within Ireland and the United 2. The car is not hired or leased to Kingdom only. either of the parties described above 22
Cornmarket Car Insurance Scheme Policy Endorsements (Continued) If you fail to adhere to the provisions 1 to policy including any recovery costs, 9 listed above, we may: arising out an incident where cover had been provided under this • Remove this benefit from endorsement your policy • Invoke the cancellation clause of this policy Endorsement No 5 – Protected No • Not return any premium to you Claim Bonus • Apply a policy loading or recalculate your premium which will result in In any consecutive three-year renewal an additional premium due to us period, where you make a Third Party or Accidental Damage claim, your NCB will • Recover from you the total amount of any claim already paid under the be affected as follows:- Years NCB at next renewal if a claim is made in the current period of insurance: Years of NCB at your last If it is the only If it is the second If it is the third renewal If no claim claim claim in the claim in the date is made in the last three years last three years last three years Nil 1 1 Nil Nil 1 2 2 Nil Nil 2 3 3 Nil Nil 3 4 4 1 Nil 4 5 5 2 Nil 5 or more 5 5 3 Nil 23
Cornmarket Car Insurance Scheme Policy Endorsements (Continued) Any claim payment for Windscreen purchase agreement but Breakage, Theft or Fire Damage will be excluding any car which is the paid without impact on your No Claim subject of a leasing agreement or Bonus entitlement. contract hire agreement ii. the agreement of any interested In the event a claim(s) is made under hire purchase company to the your policy, Allianz reserve the right to extent of their legal entitlement. increase premiums or change your iii. Has not travelled more than terms and conditions. 24,000 kilometres. Although you can protect your No Claim Endorsement No 6B – Motor Tax Bonus, your premium may still increase if a claim is made under your policy. We will pay the amount of the un- expired portion of the Motor Tax if you are unable to recover a refund from the Endorsement No 6A – New Car Licensing Authority following a vehicle Replacement write-off (which is insured under your policy) of your car. We will replace your car with a new one of the same specification (subject to availability) if, within twelve months of Endorsement No 6C – Personal its purchase as new, it is: Accident Benefits – Driver and Occupants of the Car a. Accidentally damaged within the meaning of your policy cover to an Where the driver or any other occupant extent greater than 60% of the of the car suffers injury by accidental manufacturer’s last published list external violent and visible means while price (inclusive of Value Added Tax) traveling in your car, we will, at your b. Lost by theft and not recovered request, pay to the injured person or within 14 days of the loss being their legal personal representatives the reported to us subject to: benefits specified provided such injury i. the car being owned by you or shall, independently of any other cause being purchased under a hire and within three months, result in: 24
Cornmarket Car Insurance Scheme Policy Endorsements (Continued) Item No. Benefits 1. Death €12,700 2. Complete and permanent loss of sight of one or €12,700 both eyes 3. Loss by severance of one or more limbs at or above €12,700 the wrist or ankle 4. Permanent total disablement €12,700 5. Temporary total disablement (payable for 50 weeks €55 per week after excluding the first 14 days) 6. Medical, surgical and hospital fees (payable for up €127 per week to 10 weeks) and cost of medical appliances necessarily incurred Permanent Total Disablement Endorsement No 6D – Medical, Surgical and Hospital Fees Means permanent inability to perform or attend to any business, profession or Where the driver or any other occupant occupation. of the car suffers injury by accidental external violent and visible means while traveling in your car, we will, at your Temporary Total Disablement request, pay to the injured person or their legal personal representatives Means temporary inability to perform medical, surgical and hospital fees up any part of usual business or occupation. to €127, payable for up to 10 weeks, provided such injury is independent Where an injured person has no of any other cause and occurs within remunerative occupation, business or three months. profession, has retired, is a student or is unemployed, this benefit shall only be Medical, surgical and hospital fees paid for the period the person was means in-patient care for a period of detained in hospital and otherwise at the more than seven consecutive days in an discretion of the company having institution which has facilities for regard to the medical evidence diagnosis, treatment and major surgery produced. and has accommodation for persons as in-patients. It does not include a long term nursing unit, a geriatric or pre-convalescent ward or an extended 25
Cornmarket Car Insurance Scheme Policy Endorsements (Continued) care facility for convalescence, driver if the car is being used for hire rehabilitation or other similar function. and reward purposes. Cover under 6C and 6D above applies provided that: Endorsement No 6E – Personal Effects and Clothing 1. In respect of items 1 to 4 in the above table, the total amount We will pay you (or at your request, the payable shall not exceed €12,700. owner of the property) for loss of or 2. No benefit will be paid until the damage to personal effects and clothing total amount has been ascertained while in or on your car by fire or theft (or and agreed. However payment on attempted theft) or by accidental means account may be made for provided that: temporary total disablement after a period of eight weeks has elapsed. 1. Our total liability shall be limited to 3. No benefit will be paid to the driver €200 in respect of any one of the car arising out of an accident occurrence. where he/she: 2. Payment to any person other than a. was convicted, or a prosecution you shall be paid directly to that is pending, under any road person who will observe, fulfill and traffic legislation relating to the be subject to the terms, conditions, level, concentration or quantity exceptions and general exceptions of alcohol or drugs in their body of your policy in so far as they can apply. b. following a post mortem examination is found to have a 3. Your car is not being used for hire higher level, concentration or and reward purposes at the time of quantity of alcohol or drugs in the loss or damage. their body than is permitted by the road traffic legislation of the We will not pay for: territory where the accident occurred 1. Loss of or damage to money, c. is not permitted to drive as stamps, tickets, documents or defined in the current certificate securities. of motor insurance. 2. Loss of or damage to goods or 4. Detailed accounts, receipts and samples carried in connection with other adequate documentation any trade or business. must be given to us in respect of 3. Loss of any property or audio any claim for reimbursement under equipment unless at the time of 6D above. the loss such property was stored in the locked boot or closed No cover is available under 6C and 6D compartment. above to any occupant(s) other than the 26
Cornmarket Car Insurance Scheme General Exceptions Applicable to all Sections of the policy b. The radioactive, toxic, explosive or other hazardous properties of This policy does not cover, except so far any explosive nuclear assembly as is necessary to meet the requirement or of its nuclear component. of the road traffic legislation: 4. Any injury, loss or damage caused 1. Any injury, loss or damage by: occurring while your car is being: a. Earthquake. a. Driven by any person or used for b. Riot or civil commotion, or in any purpose not allowed by the connection with any action certificate of motor insurance taken in controlling, preventing, other than cover for loss or suppressing or in any way damage to your car and relating to riot and civil accessories or spare parts while commotion. in or on the car arising from “Theft” as described in Section 2 5. Loss of or accidental damage to your car, and its accessories or b. Driven by you, unless you hold a spare parts while in or on the car, licence to drive the car occasioned by pressure waves c. Driven with your general caused by aircraft travelling at sonic consent by any person who does or supersonic speeds, or items not hold a licence to drive the car dropped from them. Exceptions (b) and (c) do not apply if the 6. Any accident, injury, loss, damage person has previously held, and is not or liability when any car covered disqualified from, holding or obtaining by your policy is in an area of an such a licence. aerodrome, airport, airfield or military establishment that is 2. Liability accepted under an used for: agreement, unless the liability would have existed even without a. Take off or landing of aircraft or the agreement movement of aircraft on the ground. 3. Injury, loss or damage arising from: b. Aircraft parking, including the associated services roads, a. Ionising, radiations, or refuelling areas, ground contamination by radioactivity equipment parking areas, from any irradiated nuclear fuel hangers and maintenance areas. or from any nuclear waste from the combustion of nuclear fuel. 27
Cornmarket Car Insurance Scheme General Exceptions (Continued) 7. Notwithstanding any provision to resulting from or in connection with any the contrary within this insurance, action taken in controlling, preventing, or any endorsement thereto, it is suppressing or in any way relating to (a) agreed that this insurance excludes and/or (b) above. liability, loss, damage, cost or expense of whatsoever nature If the company alleges that, by reason of directly or indirectly caused by, this general exception, any liability, loss, resulting from or in connection with damage, cost or expense is not covered any of the following, regardless of by this policy the burden of proving the any other cause or event contrary shall be upon the Insured. contributing concurrently or in any other sequence to the loss: In the event that any portion of this general exception is found to be invalid a. War, invasion, acts of foreign or unenforceable, the remainder shall enemies, hostilities or warlike remain in full force and effect. operations (whether war be declared or not), civil war, 8. This policy excludes liability, loss, rebellion, revolution, damage, cost or expense of insurrection, civil commotion whatsoever nature directly or assuming the proportions of or indirectly caused by, resulting from amounting to an uprising, or in connection with: military or usurped power. a. the loss of, alteration of or b. Any act of terrorism. damage to or b. a reduction in the functionality, Act of Terrorism availability or operation of : Means an act, including but not limited to, the use of force or violence and / or a computer system, hardware, the threat thereof, of any person or program, software, data, group(s) of persons, whether acting information repository, microchip, alone or on behalf of or in connection integrated circuit or similar device with any organisation(s) or in computer or non-computer government(s), committed for political, equipment that results from religious, ideological or other purposes malicious or negligent transfer including the intention to influence any (electronic or otherwise) of a government and / or to put the public, computer program that contains or any section of the public, in fear. any malicious or damaging code including but not limited to This policy also excludes liability, loss, computer virus, logic bomb or damage, cost or expense of whatsoever trojan horse. nature directly or indirectly caused by, 28
Cornmarket Car Insurance Scheme General Exceptions (Continued) 9. Any injury, loss, damage or liability caused by pollution or contamination unless the pollution or contamination is caused by a sudden identifiable unintended and unexpected incident which occurs in its entirety at a specific time and place during the period of insurance. All pollution or contamination which arises out of one incident shall be deemed to have occurred at the time such incident takes place. 29
Cornmarket Car Insurance Scheme Claims Procedure You must report to us immediately any fatal inquiry, writ or summons accident, injury, loss or damage which unanswered. may give rise to a claim under this policy. 5. Send us, as soon as possible, any writ or summons, letter or other All incidents must be reported to our documents you may receive. Emergency Services phone number: 6. The registration and insurance details of your car should be Republic of Ireland: 01 613 3990 provided to any other party involved and also An Garda Síochána/Police, Northern Ireland or United Kingdom: if requested. 028 90 891 310 7. If any person is injured, the accident What to do in the event of an accident must be reported to An Garda In the event of an accident you should Síochána/Police , whether they obtain the following information: attend the scene of not. 1. The names, contact details and If you do not do so, we reserve the right vehicle details of all parties involved. not to pay a claim. We are entitled, at any stage during any claim, to take over 2. The insurance details including the and conduct the defence or settlement policy number of all parties of the claim, and, at our discretion, to involved. pursue the claim for our own benefit in 3. Details of any witnesses to the the name of any person insured. incident or members of An Garda Síochána/Police that attended the Important Note scene of the accident. If you are involved in an accident with an uninsured driver or a visiting motorist You must also: from outside the country, report the accident to the Motor Insurers Bureau of 1. Not admit responsibility, sign any Ireland, 5 Harbourmaster Place, IFSC, statement or negotiate the Dublin 1, D01 E7E8. Telephone number: settlement of any claim, without +353 1 676 9944 email: info@mibi.ie. the written agreement of Allianz. website: www.mibi.ie 2. Complete any form(s) we may send you. 3. Give us all information and assistance required. 4. Notify us immediately of any impending prosecution, inquest or 30
Cornmarket Car Insurance Scheme Claims Payment Payment(s) we will make under not cover any costs for storing your car Sections 2 and 3 for more than three days. Sections 2 & 3; What does "pay” mean? The repairer may require you to pay the excess before your car is released. If you The word “pay” means that we may, at are registered for Value Added Tax you our option, make either a payment in will be required to pay the Value Added cash or via Electronic Fund Transfer Tax amount to the repairer. where applicable of the amount of loss or damage, or may repair, reinstate or Any storage incurred over three days replace the car. If we know that your car where you have decided not to use the is the subject of a hire purchase or Allianz Aligned Repairer is not covered leasing agreement, any payment will be under this policy. made to the owner to the extent of their legal entitlement. Rights of Recovery In the event that your car is deemed to be a vehicle write-off, we will not pay If the law requires us to pay a claim more than the market value of your car which would not otherwise be covered immediately prior to the loss or damage. by your policy, we reserve the right to recover the amount from you or the If we settle a claim as a vehicle write-off, person on whose behalf we make the we reserve the right to own the salvage. payment. Repairs, Collections and Delivery Getting Your Car Repaired You may authorise repairs to a If your car suffers damage which is maximum of €650 provided an estimate covered by your policy, we recommend is sent to us immediately. that you take it to one of our Aligned Repairers, or that you arrange for its If your car is immobile as a result of an collection by one of them. Our Aligned accident, fire or attempted theft we will Repairers are authorised to take pay the reasonable cost of removal to immediate steps to arrange repairs. the nearest repairer. Every effort will be made to supply you We will also cover the reasonable cost of with a courtesy car but this is not storing or protecting your car. Where guaranteed. The hire of a courtesy car is your car is stored in any location other up to a maximum of five days where than an Allianz Aligned Repairer, we will your car has been involved in an 31
Cornmarket Car Insurance Scheme Claims payment (Continued) accident or fire and 14 days if the car has been stolen and remains uncovered. The courtesy car is a Class A car and it not a like for like replacement. If you do not use an aligned repairer, you should arrange for an estimate of repair costs to be sent to us by your selected repairer. You may authorise repairs provided the estimate does not exceed €650. 32
Cornmarket Car Insurance Scheme Allianz Claims Notification and Emergency Service Allianz Claims Notification and • If your car is stolen, we will supply Emergency Service is available free of you with a replacement car* (Class charge to all policyholders while driving A) for up to 14 days. If your car has anywhere in Ireland in the event of fire, not been recovered after this time, theft or attempted theft. we will then consider your car lost by theft For policyholders with Comprehensive cover the Emergency Service is also All you have to do is call: available in the event of an accident. Republic of Ireland: 01 613 3990 This service does not apply if your car Northern Ireland: 028 90 8910 310 breaks down. *Replacement car – it is your The service is available 24 hours a day, responsibility to ensure you meet the 365 days a year. requirements of the hire company. The courtesy car is for your personal use only What our Emergency Service covers: and may not be operated by you for the carriage of passengers for Hire and • We will tow your car to an aligned Reward. repairer for repairs • While you are waiting for your car Terms and conditions apply. to be repaired, we will give you a free replacement car* (Class A) for up to five days • We will settle directly with our aligned repairer saving you from making any payment other than your policy excess 33
Cornmarket Car Insurance Scheme Consumer Information Your Insurer How we charge The underwriter of your insurance is The charge for our services is the Allianz p.l.c., having its registered office premium (including, where applicable, a at Allianz House, Elmpark, Merrion Road, government levy). This premium and Dublin 4. Companies Registration any optional covers are separately set No. 143108. Vat no out in your schedule/renewal notice. 4887986M. Our contact details are: telephone: +353 1 6133000, fax: +353 1 6134444, and Policy Alteration, Additional and email: info@allianz.ie Return Premiums Where your policy is altered during any Regulatory Status period of insurance we will recalculate your premium. This may result in an Allianz p.l.c. is regulated by the Central additional premium due to us, or a return premium due to you. A premium Bank of Ireland and is subject to the transaction charge may be applied to all Central Bank of Ireland’s Consumer such alterations, as detailed in your Protection Code and Minimum schedule. We will only charge or refund Competency Code which offer you provided the total amount, including protection to consumers. These Codes the Premium Transaction Charge, is can be found on the Central Bank’s greater than or equal to the amount website: www.centralbank.ie. detailed in your schedule. Where applicable, a government levy will be applied to your premium calculations. What we do Alteration to terms and conditions Allianz p.l.c. is a non-life insurance undertaking which underwrites In the event of a claim we may advise personal, commercial, education, you, at the time of your next renewal, of religious and social insurance products. altered policy terms and conditions When dealing directly with personal which increase your premium and/or customers we underwrite general excess, and/or reduce cover. insurance products on a non-advised information only basis. 34
Cornmarket Car Insurance Scheme Consumer Information (Continued) Language & Customer (1) the starting date of cover, or Communications (2) the date on which you receive Your policy and all communications with the full terms and conditions of you or by you to us will be in English. your policy. Withdrawal effectively means that no Governing law policy was ever in place, and you may exercise this right by notice in writing to You and we may choose the law us at the address given above, quoting applicable to this contract. It is hereby your policy number. Should you exercise agreed that this contract is governed by this right we will refund you any part of Irish Law unless we agree with you your premium you have paid less an otherwise in writing. The Irish Courts will administration charge as detailed in your have jurisdiction to hear any dispute schedule. If the cover is motor other than any dispute which must be insurance, the premium cannot be referred to arbitration under the refunded until the Allianz certificate of arbitration clause of this policy. motor insurance and Insurance Disc have been returned to Allianz. Please note that the right of withdrawal does Default not apply if the insurance policy under which insurance cover is provided is for Non-payment of your premium or part less than 1 month. thereof (including where you are using our Direct Debit option) or breach by you of certain conditions of your policy Complaints may lead to your policy being revoked or cancelled, in accordance with the terms We aim to deliver the very highest in that respect set out in your policy. standards of customer care. If you have any enquiry or complaint, please contact, Right of Withdrawal with your policy/quote number and details: Head of Customer Focus, You have the right to withdraw from this Allianz plc, Allianz House, Elmpark, policy, provided you have not made a Merrion Road, Dublin 4, vehicle write-off claim, within 14 days of Telephone: +353 1 6133000, the latest of: email: info@allianz.ie 35
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