LLOYD'S AVIATION UNDERWRITERS
ASSOCIATION
Standard Policy Forms,
Proposal Forms and
Clauses, Etc.
Included is a selection of Forms and Endorsements
commonly used in the Aviation Market and reproduced
by kind permission of Lloyd's Underwriters' Non- Marine
Association Limited, the Institute of London Underwriters
and certain Underwriters and Companies.
Part II
Fifth Edition, 1996
Amended as at 2010
LLOYD'S LIME STREET, LONDON, EC3M 7DQ
Secretary:
I.S.Macfarlane
Telephone:
0171-327 4045
Fax:0171-327 4711
CONTENTS ...................................................................................................... Page
48FLY00001 ARIEL AIRPORT OWNERS AND OPERATORS
LIABILITY INSURANCE POLICY .............................................. 4
LSW 555B AVIATION HULL "WAR AND ALLIED PERILS" POLICY ............ 9
LSW 617E KILN GEOGRAPHIC AREAS EXCLUSION CLAUSE ................ 13
LSW 617F KILN GEOGRAPHIC AREAS EXCLUSION CLAUSE ......... 13
LSW 3001 PREMIUM PAYMENT CLAUSE ................................................... 14
LSW 3002 PREMIUM PROCESSING CLAUSE ............................................. 14
LPO 344C AIRCRAFT SPARES WORDING ................................................. 15
LPO 359B AIRLINE FREIGHT LEGAL LIABILITY AND ALL RISKS
WORDING ..................................................................................... 18
LPO 417D AIRCRAFT AND AERIAL APPLICATION LIABILITY POLICY... 21
AIRCRAFT CONSEQUENTIAL LOSS POLICY .............................................. 28
AMT 100 AIR MEET INSURANCE POLICY .................................................. 31
CL 161 INSTITUTE REPLACEMENT CLAUSE ............................................. 36
CL 252 INSTITUTE CARGO CLAUSES (A) ................................................... 37
CL 255 INSTITUTE WAR CLAUSES (CARGO) ............................................. 41
CL 256 INSTITUTE STRIKES CLAUSES (CARGO) ....................................... 45
CL 257 INSTITUTE WAR CLAUSES ............................................................. 49
CL 258 INSTITUTE WAR CLAUSES (AIR CARGO) ..................................... 51
CL 259 INSTITUTE CARGO CLAUSES (AIR) ............................................... 55
CL 260 INSTITUTE STRIKES CLAUSES (AIR CARGO) .............................. 59
CL 161 INSTITUTE REPLACEMENT CLAUSE ............................................ 62
ACV 1 LLOYD'S AIR CUSHION VEHICLE POLICY (HULL) ....................... 63
ACV 2 LAYING-UP RETURNS CLAUSE ..................................................... 69
ACV 3 LLOYD'S AIR CUSHION VEHICLE POLICY (LIABILITIES) ............ 70
NMA 785 FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B ................. 76
NMA 981 EXPOSURE CLAUSE .................................................................. 76
NMA 1054 EARTHQUAKE EXCLUSION CLAUSE ...................................... 76
NMA 960 LLOYD'S TRAVEL ACCIDENT POLICY ..................................... 77
NMA 1076 APPLICANT-OWNERSHIP ENDORSEMENT ............................. 81
NMA 1256 NUCLEAR INCIDENT EXCLUSION CLAUSE—
LIABILITY—DIRECT (BROAD) ................................................... 82
NMA 1257 NUCLEAR INCIDENT EXCLUSION CLAUSE—LIABILITY
—DIRECT (LIMITED) .................................................................... 84
NMA 1270 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ........ 84
NMA 1280 SUBROGATION CLAUSE ........................................................... 85
NMA 1408 AVIATION PILOT OR CREW MEMBER EXTENSION CLAUSE . 86
NMA 1409 AVIATION PILOT OR CREW MEMBER ONLY CLAUSE U.S.A. 87
NMA 1442 DISAPPEARANCE CLAUSE ....................................................... 87
NMA 1483 OVERSEAS JURISDICTION CLAUSE ....................................... 88
NMA 1684 SEEPAGE, POLLUTION AND CONTAMINATION
EXCLUSION CLAUSE No. 2 ...................................................... 88
NMA 1595 LLOYD'S ACCIDENT POLICY .................................................... 89
NMA 1596 LLOYD'S TRAVEL ACCIDENT POLICY ...................................... 94
NMA 1623 EXPLOSIVE NUCLEAR ASSEMBLIES EXCLUSION CLAUSE .. 99
NMA 1685 INDUSTRIES SEEPAGE, POLLUTION AND
CONTAMINATION CLAUSE NO. 3 .............................................. 99
NMA 1686 INDUSTRIES SEEPAGE, POLLUTION AND
CONTAMINATION EXCLUSION CLAUSE No. 4 ......................... 99
NMA 1970a ERVICE OF SUIT CLAUSE (CANADA) .................................. 100
NMA 2222 EXCESS LIQUOR LIABILITY ENDORSEMENT ..................... 101
K NMA 2315 LLOYD'S ACCIDENT POLICY................................................ 102
NMA 2317 SCHEDULE (For attachment to NMA 2315 or NMA 2316) ..... 105
K(A) NMA 2318 LLOYD'S ACCIDENT POLICY.......................................... 106
K(A) NMA 2320 SCHEDULE ....................................................................... 109
NMA 2327 LLOYD'S ACCIDENT OR ACCIDENT AND ILLNESS
PROPOSAL FORM ..................................................................... 110
J NMA 2420 LLOYD'S POLICY.................................................................... 116
J(A) NMA 2421 LLOYD'S POLICY.............................................................. 117
K.(USA) NMA 2584 LLOYD'S PERSONAL ACCIDENT POLICY ................ 118
NMA 2586 THE SCHEDULE ........................................................................ 122
K(A)(USA) NMA 2587 LLOYD'S PERSONAL ACCIDENT POLICY ............. 124
K(A)(USA) NMA 2588 LLOYD'S PERSONAL ACCIDENT CERTIFICATE. 128
NMA 2589 SCHEDULE ................................................................................ 133
ARIEL AVIATION SYNDICATE
48FLY00001 ARIEL AIRPORT OWNERS AND OPERATORS LIABILITY
INSURANCE POLICY
SCHEDULE
Policy No.:
Item 1. The name and address of the Insured:
Item 2. The nature of the Insured's business or operation in respect of which the Policy is effected is:
Item 3. The place(s) in or about which the indemnity granted by the Policy is to apply is (are):
Item 4. Amount of Indemnity:
The amount of indemnity shall not exceed:
Section 1.
Section 2.
Section 3.
any one accident
any one accident
any one accident and in the aggregate arising out of all accidents occurring
during any one annual period of Insurance.
Item 5. Premium:
The deposit premium is:
The minimum premium is:
and shall be subject to adjustment as follows:
Item 6. The Period of Insurance is
Item 7. The name and address of person(s) or firm to whom all notices shall be given is:
Dated in London:
48FLY00001
The Insurers hereby agree to the extent and in the manner hereinafter provided, to pay on behalf of the
Insured all sums which the Insured shall become legally obligated to pay or by final judgement be
adjudged to pay up to but not exceeding the amounts specified in the Schedule, to any person or persons
as damages
a) for bodily injury including death at any time resulting therefrom (hereinafter referred to as bodily
injury) or
b) for loss of or damage to property of others (hereinafter referred to as property damage)
caused by accident occurring during the period mentioned in the Schedule and arising out of the
hazards set forth in Sections 1, 2 and 3 below.
SECTION 1
Bodily injury or property damage
a) in or about the premises specified in the Schedule, as a direct result of the services granted by
the Insured
b) elsewhere in the course of any work or of the performance of any duties carried out by the
Insured or his employees in connection with the business or operations specified in the
Schedule
caused by the fault or negligence of the Insured or any of his employees engaged in the Insured's
business or by any defect in the Insured's premises, ways, works, machinery or plant used in the
Insured's business.
THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
Loss of or damage to property owned, rented, leased or occupied by; whilst in the care, custody or control
of; whilst being handled, serviced or maintained by the Insured or any servant of the Insured, but this
exclusion shall be deemed not to apply to vehicles that are not the property of the Insured whilst on
the premises specified in the Schedule.
Bodily injury or property damage caused by
any mechanically propelled vehicle which the Insured may cause or permit any other person to use on
the road in such a manner as to render them responsible for insurance under any domestic or
international law appertaining to road traffic, or where no such law exists, whilst such vehicle is on
any public highway.
any Ships, Vessels, Craft or Aircraft owned, chartered, used or operated by or on account of the
Insured, but this exclusion shall be deemed not to apply to aircraft owned by others which are on
the ground and for which indemnity is otherwise granted under Section 2 of this Policy, whether
such Section is insured hereunder or not.
Bodily injury or property damage arising out of any Airmeet, Air Race, or Air Show, nor any stand used for
the accommodation of spectators in connection therewith, unless previously agreed by Insurers.
Bodily injury or property damage arising out of construction of, demolition of or alterations to Buildings,
Runways, or Installations by the Insured or his contractors or sub-contractors (other than normal
maintenance operations) unless previously agreed by Insurers.
Bodily injury or property damage arising out of any goods or products manufactured, constructed, altered,
repaired, serviced, treated, sold, supplied, or distributed by the Insured or his employees after such
goods or products have ceased to be in the possession or under the control of the Insured, but this
exclusion shall be deemed not to apply to the supply, by the Insured, of food or drink at the premises
specified in the Schedule.
SECTION 2
Loss of or damage to Aircraft or Aircraft equipment, not owned, rented or leased by the Insured, whilst on
the ground in the care, custody or control of or whilst being serviced, handled or maintained by the
Insured or any servant of the Insured.
THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
Loss of or damage to robes, wearing apparel, personal effects or merchandise of any description.
Loss of or damage to Aircraft or Aircraft equipment, hired or leased by or loaned to the Insured.
Loss of or damage to any Aircraft while in flight as defined.
SECTION 3
Bodily injury or property damage arising out of the possession, use, consumption or handling of any
goods or products manufactured, constructed, altered, repaired, serviced, treated, sold, supplied or
distributed by the Insured or his employees, but only in respect of such goods or products which form part
of or are used in conjunction with aircraft, and then only after such goods or products have ceased to be
in the possession or under the control of the Insured.
THIS SECTION IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
(a) Damage to the property of the Insured or to property within his care, custody or control.
(b) The cost of repairing or replacing any defective goods or products manufactured, constructed,
altered, repaired, serviced, treated, sold, supplied or distributed by the Insured or any defective
part or parts thereof.
(c) Loss arising out of improper or inadequate performance, design or specification but this exclusion
shall be deemed not to apply to bodily injury or property damage as insured hereby resulting
therefrom.
(d) Loss of use of any Aircraft not actually lost or damaged in an accident giving rise to a claim
hereunder.
EXCLUSIONS APPLICABLE TO ALL SECTIONS OF THIS POLICY
1.
THIS POLICY DOES NOT COVER liability for bodily injury to any person, who at the time of
sustaining such injury is engaged in the service of the Insured or acting on his behalf, or liability for
which the Insured or his insurer may be held liable under any workmans compensation,
unemployment compensation or disability benefits law or any similar law.
1.
THIS POLICY DOES NOT COVER the cost of making good any faulty workmanship for which the
Insured, his employees, contractors or subcontractors may be liable (but this limitation shall not
exclude resulting damage arising out of such faulty workmanship).
2.
THIS POLICY DOES NOT COVER liability assumed by the Insured by Agreement under any
Contract unless such liability would have attached to the Insured even in the absence of such
Agreement.
3.
THIS POLICY DOES NOT COVER liability of the Insured directly or indirectly occasioned by,
happening through or in consequence of War, invasions, act of foreign enemy, hostilities (whether
War be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
4.
THIS POLICY DOES NOT COVER liability arising out of the operation of an airfield control tower
unless previously agreed by Insurers.
5.
Each section of this Policy excludes liability which is or would be covered under any other section of
the Policy, whether such other section is insured hereunder or not.
6.
This Policy is subject to the attached Nuclear Risks Exclusion Clause.
PAYMENT OF COSTS
In addition to the limits set out in the Schedule, Insurers will pay all legal and other costs incurred with
their consent in the defence of any claim made against the Insured,
PROVIDED THAT
in the event of their requiring any claim to be contested
(a) If the claim be successfully resisted by the Insured the Insurers will pay all costs, charges and
expenses incurred by the Insured in connection therewith up to but not exceeding the sum insured
under this Policy.
(b) If a payment exceeding the sum insured has to be made to dispose of a claim, the liability of
Insurers to pay any costs, charges and expenses in connection therewith shall be limited to such
proportion of the said costs, charges and expenses as the sum insured by this Policy bears to the
amount paid to dispose of the claim.
DEFINITIONS
1.
ACCIDENT. The word "accident" shall be understood to mean an accident or series of accidents
arising out of one event or occurrence.
2.
FLIGHT. The term "in flight" means the time commencing with the actual take off run of the aircraft
and continuing thereafter until it has completed its landing run.
GENERAL CONDITIONS:
1.
Upon the happening of any accident likely to give rise to a claim under this Policy or upon the receipt
by the Insured of notice of any claim or of any other subsequent proceedings, notice in writing with
full particulars shall be given to Insurers as soon as possible after the same shall come to the
knowledge of the Insured or the Insured's representative. Every letter, claim, writ, summons or
process shall be forwarded to Insurers immediately on receipt by the Insured.
2.
All notices as specified above shall be given by the Insured to the person(s) or firm named for the
purpose in the Schedule.
3.
If any claim under this Policy is also covered in whole or in part by any other insurance, the liability of
Insurers shall be limited to their rateable proportion of such claim.
4.
If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or
otherwise, this Policy shall become void, and all claims hereunder shall be forfeited.
5.
This Policy may be cancelled at any time at the written request of the Insured or may be cancelled by
or on behalf of the Insurers provided 15 days notice in writing be given. (Where 15 days notice is
contrary to the law or statute then the minimum period that is permitted shall be substituted therefor).
If the Policy shall be cancelled by the Insured the Insurers shall retain the earned premium hereon for
the period that this Policy has been in force calculated in accordance with the basis in the Schedule,
or the short rate proportion of the minimum premium, calculated in accordance with the customary
scale whichever is the greater.
If the Policy shall be cancelled by Insurers they shall retain the earned premium hereon for the period
that this Policy has been in force, calculated in accordance with the basis in the Schedule or pro rata
of the minimum premium whichever is the greater. Notice of cancellation by the Insurers shall be
effective even though the Insurers make no payment or tender of return premium.
6.
It is a condition precedent to the right of the Insured to be indemnified under this Insurance that
(a) If after this Insurance has been effected, the risk is materially altered, such alterations must be
notified in writing to the Insurers immediately.
(b) No liability shall be admitted and no admission, arrangement, offer, promise or payment shall be
made by the Insured without the written consent of Insurers, who shall be entitled, if they so
desire, to take over and conduct in the name of the Insured the defence of any claim or to
prosecute in the name of the Insured for their own benefit any claim for indemnity or damages
or otherwise against any third party, and shall have full discretion in the conduct of any
negotiations or proceedings or the settlement of any claim, and the Insured shall give all such
information and assistance as Insurers may require.
(c) The Insured shall and will at all times exercise reasonable care in seeing that the ways,
implements, plant, machinery and appliances used in the Insured's business are substantial and
sound and in proper order, and fit for the purpose for which they are used, and that all
reasonable safeguards and precautions against accidents are provided and used.
(d) The Insured shall comply with all International and Government Regulations and Civil
Instructions.
7.
Notwithstanding the inclusion herein of more than one Insured, whether by endorsement or
otherwise, the total liability of the Insurers in respect of any or all Insureds shall not exceed the
limit(s) of liability stated in this Policy.
48FLY00001
LSW 555B AVIATION HULL "WAR AND ALLIED PERILS" POLICY
SECTION ONE:
LOSS OF OR DAMAGE TO AIRCRAFT
Subject to the terms, conditions and limitations set out below, this Policy covers loss of or damage to the
Aircraft nominated in the Schedule against claims excluded from the Assured's Hull "All Risks" Policy as
caused by:
(e) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, martial law, military or usurped power or attempts at
usurpation of power.
(f)
Strikes, riots, civil commotions or labour disturbances.
(g) Any act of one or more persons, whether or not agents of a sovereign power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is accidental or
intentional.
(h) Any malicious act or act of sabotage.
(i)
Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or
use by or under the order of any Government (whether civil military or de facto) or public or local
authority.
(j)
Hi-jacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in flight
(including any attempt at such seizure or control) made by any person or persons on board the
Aircraft acting without the consent of the Assured.
Furthermore this Policy covers claims excluded from the Hull "All Risks" Policy from occurrences whilst
the Aircraft is outside the control of the Assured by reason of any of the above perils. The Aircraft shall be
deemed to have been restored to the control of the Assured on the safe return of the Aircraft to the
Assured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the
operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut clown
and under no duress).
SECTION TWO:
1.
EXTORTION AND HI-JACK EXPENSES
This Policy will also indemnify the Assured subject to the terms, conditions, exclusions and limitations
set out below, and up to the limit stated in the Schedule, for 90% of any payment properly made in
respect of:
(a) threats against any Aircraft described in the Schedule or its passengers or crew made during
the currency of this Policy.
(b) extra expenses necessarily incurred following confiscation, etcetera (as Section One clause (e))
or hi-jacking, etcetera (as Section One clause (f)) of any Aircraft described in the Schedule.
2.
No cover will be provided under this Section of the Policy in any territory where such insurance is not
lawful, and the Assured is at all times responsible for ensuring that no arrangements of any kind are
made which are not permitted by the proper authorities.
SECTION THREE: GENERAL EXCLUSIONS
This Policy excludes loss, damage or expense
(i)
caused by one or any combinations of any of the following:
(a) War (whether there be a declaration of war or not) between any of the following States: the
United Kingdom, the United States of America, France, the Russian Federation, the People's
Republic of China; nevertheless, if any Aircraft is in the air when an outbreak of such war
occurs, this exclusion shall not apply in respect of such Aircraft until the said Aircraft has
completed its first landing thereafter;
(b) Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or
use by or under the authority of the Government(s) named in the Schedule, or any public or
local authority under its jurisdiction;
(c) Any debt, failure to provide bond or security or any other financial cause under court order or
otherwise;
(d) The repossession or attempted repossession of the Aircraft either by any title holder, or arising
out of any contractual agreement to which any Assured protected under this Policy may be
party;
(e) Delay, loss of use, or except as specifically provided in Section Two any other consequential
loss; whether following upon loss of or damage to the Aircraft or otherwise.
(f)
directly or indirectly arising out of any detonation of any weapon of war employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force or matter whether hostile
or otherwise.
SECTION FOUR: GENERAL CONDITIONS
1.
This Policy is subject to the same warranties, terms and conditions (except as regards the premium,
the obligations to investigate and defend, the renewal agreement (if any), the amount of deductible or
self insurance provision where applicable AND EXCEPT AS OTHERWISE PROVIDED HEREIN) as
are contained in or may be added to the Assured's Hull "All Risks" Policy.
2.
Should there be any Material Change in the nature or area of the Assured's operations, the Assured
shall give immediate notice of such Change to the Underwriters; no claim arising subsequent to a
Material Change over which the Assured had control shall be recoverable hereunder unless such
change has been accepted by the Underwriters.
"Material Change" shall be understood to mean any change in the operation of the Assured which
might reasonably be regarded by the Underwriters as increasing their risk in degree or frequency, or
reducing possibilities of recovery or subrogation.
3.
The due observance and fulfilment of the terms, provisions, conditions and endorsements of this
Policy shall be conditions precedent to any liability of the Underwriters to make any payment under
this Policy: in particular the Assured should use all reasonable efforts to ensure that he complies and
continues to comply with the laws (local or otherwise) of any country within whose jurisdiction the
Aircraft may be, and to obtain all permits necessary for the lawful operation of the Aircraft.
4.
Subject always to the provisions of Section Five, and the Schedule, Underwriters hereon agree to
follow the Hull "All Risks" Policy in respect of Breach of Warranty Cover, Hold Harmless Agreements
and Waivers of Subrogation.
SECTION FIVE:
Amendment of
Terms or
Cancellation
Automatic
CANCELLATION REVISION AND AUTOMATIC TERMINATION
1.
(a) Underwriters may give notice, effective on the expiry of 7 days from
midnight GMT on the day on which notice is issued, to review the rate
of premium and/or the geographical limits. In the event of the review of
the rate of premium and/or geographical limits not being accepted by
the Assured then at the expiry of the said 7 days, this Policy shall
become cancelled at that date.
Notwithstanding l.(a) above, this Policy is subject to automatic review by
Review of Terms
or Cancellation
Cancellation by
Notice
Automatic
Termination
Underwriters of the rate of premium and/or conditions and/or £
geographical limits effective on the expiry of 7 days from the time of
any hostile detonation of any weapon of war employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force
or matter wheresoever or whensoever such detonation may occur and
whether or not the insured Aircraft may be directly affected. In the
event of the review of the rate of premium and/or conditions and/or
geographical limits not being accepted by the Assured then at the
expiry of the said 7 days, this Policy shall become cancelled at that
date.
This Policy may be cancelled by the Assured or Underwriters giving notice
not less than 7 days prior to the end of each period of 3 months from
inception.
2.
Whether or not such notice of cancellation has been given this
Insurance shall TERMINATE AUTOMATICALLY
Upon the outbreak of war (whether there be a declaration of war or
not) between any of the following States, namely, the United Kingdom,
the United States of America, France, the Russian Federation, the
People's Republic of China.
PROVIDED THAT if the Aircraft is in the air when such outbreak of
war occurs then this insurance, subject to its terms and conditions and
provided not otherwise cancelled, terminated or suspended, will be
continued in respect of such Aircraft until the said Aircraft has
completed its first landing thereafter.
LSW 555B
11/94
THE SCHEDULE
Policy Number:
Assured:
Address of Assured:
Additional Assured(s):
Approved Lienholder(s) for Breach of Warranty protection:
Aircraft hereby insured:
Manufacturer Model
Registration
Agreed Value
Geographical Limits:
Excluding Confiscation, etcetera by Government(s) of:
Period of Policy:
From:
To:
Both days inclusive
Extortion and Hi-jack
Limits of Policy:
90% of
any one loss and in all (WARRANTED REMAINING
10% UNINSURED)
Premium:
Immediate notice of changes of risk or of circumstances likely to give rise to a loss hereunder to
be communicated to:
Dated in London:
LSW 555B
(11/94)
LSW 617E KILN GEOGRAPHIC AREAS EXCLUSION CLAUSE
1.
This policy excludes loss, damage or expense occurring within any of the following countries and
regions:
(a)
Algeria, Cabinda, Burundi, Central African Republic, Congo, Democratic Republic of Congo,
Eritrea, Ethiopia, Ivory Coast, Liberia, Libya, Nigeria, Sierra Leone, Somalia, Sudan.
(b)
Colombia, Ecuador, Peru.
(c)
Afghanistan, Checheno / Ingushskaya, Nagorno-Karabakh, Pakistan, Yemen, Jammu and
Kashmir, Nepal.
(d)
Sri Lanka.
(e)
Iran, Iraq, Syria.
(f)
Bosnia, Kosovo.
2.
However coverage is granted for the over flight of any excluded country where the flight is within an
internationally recognised air corridor and is performed in accordance with I.C.A.O.
recommendations.
3.
In addition to those countries listed above coverage is excluded for any flight into any country
where such operation of aircraft is in breach of United Nations sanctions.
4.
Any excluded country may be covered by underwriters at terms to be agreed Slip Leader only prior
to flight.
LSW 617E 01/05
LSW 617F KILN GEOGRAPHIC AREAS EXCLUSION CLAUSE
1. Notwithstanding any provisions to the contrary and subject to clauses 2 and 3 below, this
Policy excludes any loss, damage or expense howsoever occurring within the geographical limits of any
of the following countries and regions:
(a)
Algeria. Cabinda, Burundi, Central African Republic, Congo, Democratic Republic of Congo,
Eritrea, Ethiopia, Ivory Coast, Liberia, Nigeria, Sierra Leone, Somalia, Sudan.
(b)
Colombia, Ecuador, Peru.
(c)
Afghanistan, Checheno / Ingushskaya, Nagorno-Karabakh, Pakistan, Yemen, Jammu & Kashmir,
Nepal.
(d)
Sri Lanka,
(e)
Iran, Iraq,
(f)
Any country where the operation of the insured Aircraft is in breach of United Nations sanctions.
2.
However coverage pursuant to tins Policy is granted:
(a)
for the over flight of any excluded country where the flight is within an internationally
recognised air corridor and is performed in accordance with LC.A.O. recommendations; or
(b)
in circumstances where an insured Aircraft has landed in an excluded country as a direct
consequence and exclusively as a result of force majeure subject advice to Underwriters within 72 hours.
3.
Any excluded country' may be covered by underwriters at terms to be agreed by the Reinsurers
prior to flight.
LSW 617F 05/07
LSW 3001 PREMIUM PAYMENT CLAUSE
Notwithstanding any provision to the contrary within this contract or any endorsement hereto, in respect of
non payment of premium only the following clause will apply.
The (Re)Insured undertakes that premium will be paid in full to (Re)Insurers within 30 days of inception of
this contract (or, in respect of instalment premiums, when due).
If the premium due under this contract has not been so paid to (Re)Insurers by the 30th day from the
inception of this contract (and, in respect of instalment premiums, by the date they are due) (Re)Insurers
shall have the right to cancel this contract by notifying the (Re)Insured via the broker in writing. In the
event of cancellation, premium is due to (Re)Insurers on a pro rata basis for the period that (Re)Insurers
are on risk but the full contract premium shall be payable to (Re)Insurers in the event of a loss or
occurrence prior to the date of termination which gives rise to a valid claim under this contract.
It is agreed that (Re)Insurers shall give not less than 15 days prior notice of cancellation to the
(Re)Insured via the broker. If premium due is paid in full to (Re)Insurers before the notice period expires,
notice of cancellation shall automatically be revoked. If not, the contract shall automatically terminate at
the end of the notice period.
If any provision of this clause is found by any court or administrative body of competent jurisdiction to be
invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this
clause which will remain in full force and effect.
LSW 3001 30/9/08
LSW 3002 PREMIUM PROCESSING CLAUSE
Where the premium is to be paid through Xchanging Insurance Services (XIS), payment to (Re)lnsurers will
be deemed to occur on the day that a delinked premium is released for settlement by the Appointed Broker or
in the case of non-delinked premiums, on the day that the error-free Premium Advice Note (PAN) is submitted
to XIS.
Where premiums are to be paid by installments under the Deferred Account Scheme, and the Appointed Broker
does not receive the premium in time to comply with the agreed settlement date for the second or subsequent
installment, and the Appointed Broker requests a later payment date for such installment, the Slip Leader may
authorise XIS to suspend the automatic debiting of the relevant deferred installment. XIS shall then notify
following (Re)lnsurers accordingly.
Unless otherwise agreed, the Slip Leader (and Agreement Parties if appropriate) are authorised to exercise
rights under this clause on their own behalf and on behalf of all (Re)lnsurers participating in this contract.
Appointed Broker: [...]
LSW 3002 September 2008
LPO 344C AIRCRAFT SPARES WORDING
(For attachment to MAR form)
1.
Intention
Subject to the terms, conditions and exclusions hereinafter contained this Policy insures Property being
only Engines, Spare Parts and Equipment destined to be fitted to or to form part of an aircraft and being
the property of the Assured or the property of others for which the Assured is responsible, while such
property is in the care, custody or control of the Assured on the ground, or is being carried as cargo in
transit, by air (including Assured's aircraft) and/or steamers (approved or held covered at a premium to be
arranged) and/or road and/or rail and/or conveyance.
2.
Conditions
All Risks of Physical Loss or Damage (except as hereafter excluded) but
Air Transits
Instigate Cargo Clauses (Air) 1/1/82
Marine Transits
Institute Cargo Clauses (A) 1/1/82
3.
Geographical limits
This Policy to cover the property described above, against the risks described above, whilst
………………………………………………………………………………………………………….
4.
Exclusions
This Policy does not insure:(a) loss of or damage to any such property occurring at any time after the commencement of the
operation of fitting it to or placing it on board the aircraft to which it is destined.
(b) loss if or damage to an Engine occurring during the running or testing thereof.
(c) mechanical or electrical derangement.
(d) loss and damage caused by wear, tear or gradual deterioration.
(e) loss or damage caused by or resulting from neglect of the Assured to use reasonable means to
save and preserve the property at the time of and after any loss or damage.
(f)
loss of or damage to any property which has been detached from an aircraft and which is
intended to be refitted to the aircraft and not to be replaced by other property.
(g) loss of or damage to any property hereby insured which may be sustained whilst the same is
under any process and directly resulting therefrom.
(h) property carried in an aircraft as a spare parts kit. (i) property fitted to or forming part of an
aircraft.
(i)
property fitted to or forming part of an aircraft.
(j)
the property of others carried or stored by the Assured for hire or reward.
(k) mysterious disappearance or unexplained loss or shortage disclosed upon taking inventory.
5.
This Policy is subject to the Nuclear Risks Exclusion Clause AVN 71
1. This Policy does not cover claims caused by:(a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, martial law, military or usurped power or attempts at
usurpation of power.
(b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion
or other like reaction or radioactive force or matter.
(c) Strikes, riots, civil commotions or labour disturbances.
(d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is accidental or
intentional.
(e) Any malicious act or act of sabotage.
(f)
Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or
use by or under the order of any Government (whether civil, military or de facto) or public or
local authority.
(g) Hi-jacking or any unlawful seizure or wrongful exercise of control of an Aircraft or crew in flight
(including any attempt at such seizure or control) made by any person or persons on board the
aircraft acting without consent of the Assured.
(h) An aircraft being outside the control of the Assured by reason of a peril excluded by paragraphs
(f) or (g).
2. Deductible clause
Each claim for loss or damage arising out of one event shall be adjusted separately and from the amount
of such adjusted claim the sum of __________ shall be deducted but claims for loss or damage caused
by fire, wind, tornado and cyclone shall be paid in full.
3. Limits of liability
The liability of the Underwriters shall not exceed:(1) _________ any one building and/or location
(2) _________ any one sending
(3) The cost of repair or the cost of replacement or the insured value, whichever shall be the least
amount, in respect of any one item of property.
4. Reporting and premium adjustment clause
The premium of
_________ is a minimum and deposit premium to be adjusted at expiry as follows: -
a) Within one month after the expiration date the Assured shall furnish to Underwriters a statement
showing the total values at risk over all locations at the last day of each policy month such
amounts shall be totalled then divided by the number of policy months and premium will be
payable on the resulting amount at a rate of %.
b) If this Policy is cancelled prior to expiration, the Assured is required to report total monthly values
at risk for each completed policy month prior to the date of cancellation and premium payable
hereunder shall be calculated on such reported values in the manner and at the rate hereinbefore
provided.
It is a condition of this insurance that the Assured shall keep a proper record of all items of property
from time to time hereby insured and of the value of each item.
Salvage and recoveries clause
All salvages, recoveries and payments recovered or received subsequent to a loss settlement under this
Policy shall be applied as if recovered or received prior to the said settlement and all necessary
adjustments shall be made by the parties thereto.
Loss clause
Any loss hereunder shall not reduce the amount of this Policy.
Cancellation clause
This Policy shall be cancelled either by the Assured or by Underwriters by mailing to the other at the
address shown in the Policy, written notice stating when not less than thirty (30) days thereafter such
cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and
effective date and hour of cancellation stated in the notice shall become the end of the Policy period.
Delivery of such written notice either by the Assured or by Underwriters shall be equivalent to mailing.
The Assured agrees, in the event of cancellation, to report the values at risk and to pay premium thereon
to Underwriters as provided by 'Reporting and Premium Adjustment Clause' up to the date of
cancellation.
LPO 344C (10/96)
LPO 359B AIRLINE FREIGHT LEGAL LIABILITY AND ALL RISKS WORDING
(For attachment to MAR Form)
1.
SECTION ONE - CARGO LEGAL LIABILITY
(a) To indemnify the Assured for all sums up to any one aircraft or location, which the Assured
becomes legally liable to pay for physical loss of or damage to cargo under the Warsaw
Convention or under other Conditions of Carriage agreed by Underwriters hereon including cargo
in respect of which a Special Declaration of Value for Carriage in excess of the normal limit of
liability provided for by the Warsaw Convention is made by the Consignor prior to or at the time of
the issue of the Air Waybill or other Contract of Carriage.
(b) Coverage with respect to such Cargo shall commence from the time of issue of the Air Waybill or
other Contract of Carriage by the Assured or their Agent for carriage by aircraft and connecting
land and water conveyances and shall terminate upon delivery by the Assured or their Agent at
final warehouse or upon handing over to the succeeding Carriers or their Agent or if Through Air
Waybill or Contract of Carriage be issued and any succeeding Carriers are unwilling to accept the
Special Declaration of Value then this Policy will cover interest to destination named in the Air
Waybill or Contract of Carriage.
(c) The Gold Francs mentioned in the Warsaw Convention shall be deemed to refer to the French
Gold Franc Poincare consisting of 65.5 milligrams of gold of millesimal fineness 900; the sum
being converted into Dollar or other national currency as required in round figures.
(d) AVN 44 - MUTUAL REVISION CLAUSE (AVIATION LIABILITY) - is incorporated herein.
(e) COSTS - The Underwriters shall, in addition to the Limits of Liability stated herein, pay all costs
incurred with their consent in defence or settlement of any claim made against the Assured and
seeking damages on account thereof.
(f) DEDUCTIBLE - Each claim for loss or damage arising out of one event shall be adjusted
separately and from the amount of such adjusted claim the sum of _____ shall be deducted.
(g) GENERAL EXCLUSIONS - This Section does not cover claims caused by:i)
War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, martial law, military or usurped power or attempts at
usurpation of power
ii)
Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion
or other like reaction or radioactive force or matter
iii)
Strikes, riots, civil commotions or labour disturbances
iv)
Any act of one or more persons, whether or not agents of a sovereign Power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is accidental or
intentional
v)
Any malicious act or act of sabotage
vi)
Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or
use by or under the order of any Government (whether civil, military or de facto) or public or
local authority
vii)
Hi-jacking or any unlawful seizure or wrongful exercise of control of an Aircraft or crew in flight
(including any attempt at such seizure or control) made by any person or persons on board
the aircraft acting without consent of the Assured.
viii) An aircraft being outside the control of the Assured by reason of a peril excluded by
paragraphs (vi) or (vii).
2.
SECTION TWO - ALL RISKS INSURANCE
a)
The Assured and their Agents are authorised to bind and issue on behalf of the Underwriters
Certificates of Insurance with respect to Cargo, including Baggage carried as Cargo, in response to
a Consignor's request for insurance thereof against ALL RISKS OF PHYSICAL LOSS OR DAMAGE
in accordance with:
INSTITUTE CARGO CLAUSES (AIR) Excluding Sendings by Post 1.1.82;
INSTITUTE WAR CLAUSES (AIR CARGO) Excluding Sendings by Post 1.1.82;
INSTITUTE STRIKES CLAUSES (AIR CARGO) 1.1.82.
Subject to
INSTITUTE REPLACEMENT CLAUSE
LIVESTOCK CLAUSE (AVIATION) No. 1
NUCLEAR RISKS EXCLUSION CLAUSE AVN 38B
b)
Limit ___________ any one aircraft any one location.
c)
Warranted that the Assured shall give prior notice to
for transmission to the Underwriters, of any consignment in respect of which insurance is requested
which equals or exceeds ____________ (or equivalent thereof in any other national currency).
d)
In the case of damage to labels, capsules or wrappers the Underwriters shall not be liable for more
than the amount sufficient to pay the cost of new labels, capsules or wrappers and the cost of reconditioning such cargo but in no event shall the Underwriters be liable for more than the value as
declared by the consignor.
e)
The Underwriters shall have the right, on giving the Assured at least seven (7, days prior notice of
their intention, to introduce an exclusion of War, Stakes, Riots and Civil Commotion hereunder or to
increase or decrease the rates applicable to War, Strikes, Riots and Civil Commotion etc. coverage.
3.
GENERAL CONDITIONS
a)
The Assured shall use due diligence and do and concur in doing everything reasonably practicable
to avoid or diminish any claim hereunder. The Assured shall not make any admission of liability or
make any payment without the consent of the Underwriters.
b)
Upon knowledge of any event likely to result in a claim or claims under any Section of this Policy full
particulars of such event together with any documents or letters relating thereto shall be forwarded
by the Assured to for transmission to the Underwriters. The Assured shall thereafter render such
further information and assistance as the Underwriters may reasonably require and shall not act in
any way to the detriment or prejudice of the interests of the Underwriters.
c)
The Underwriters shall, if they so elect, be authorised to take in hand and conduct in the name of the
Assured the defence or settlement of any claim or proceed in the name of the Assured with any
claims for indemnities, recoveries, damages, interest and the like against any Third Parties
whatsoever. The Underwriters shall have all authority for conducting any proceedings and for
settling any claims, including the right to abandon them at any moment. The Assured shall furnish all
the information and assistance that the Underwriters may require for conducting the proceedings in
question the cost of which shall be borne by the Underwriters. The Assured shall at all times do and
concur in doing everything necessary to safeguard such rights of recovery and to assist the
Underwriters in the exercise thereof. The assumption of such rights by the Underwriters prior to the
definite settlement of any claim hereunder shall in no way be an admission of liability on the part of
the Underwriters.
d)
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a
waiver or a change in any part of this Policy or estop the Underwriters from asserting any right under
this Policy; nor shall any part of this Policy be waived or changed except by endorsement signed by
the Underwriters and issued to form part of this Policy.
e)
This Policy shall not be assigned in whole or in part except with the consent of the Underwriters
verified by endorsement thereon.
f)
The due observance and fulfillment of the terms, provisions, conditions and endorsement of this
Policy shall be conditions precedent to any liability of the Underwriters to make any payment under
this Policy.
g)
This Policy shall be cancelled either by the Assured or by Underwriters by mailing to the other at the
address shown in the Policy written notice stating when not less than thirty (30) days thereafter such
cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice
and effective date and hour of cancellation stated in the notice shall become the end of the Policy
period. Delivery of such written notice either by the Assured or by Underwriters shall be equivalent to
mailing.
h)
Warranted that the Assured will comply with all air navigation and airworthiness orders and
requirements issued by any competent authority and will take all reasonable steps to ensure that
such orders and requirements are complied with by their agent(s) and employees and that the
Aircraft shall be airworthy at the commencement of each flight.
i)
It is agreed that the Assured has the right to enter into agreements containing exoneration hold
harmless and/or indemnity provisions with respect to the handling of Cargo covered under this
Policy, provided the conclusion of such agreements is in accordance with the normal operation of an
air carrier's business and is advised to Underwriters, who shall have the right to require an additional
premium.
4.
PREMIUM
(1)
SECTION ONE - CARGO LEGAL LIABILITY
a)
With respect to cargo which is not the subject of a Special Declaration of Value a Deposit Premium
of shall be paid in four equal quarterly instalments (the first instalment to be payable on inception of
the Policy) and shall be subject to adjustment at the expiration of the Policy at per cent of gross
freight receipts during the Policy year. It being understood and agreed that in the event that the
adjusted premium shall be less than the Annual Deposit Premium the Underwriters shall retain the
Annual Deposit Premium which for the purpose of this Policy shall be the Minimum Premium
payable to the Underwriters with respect to cargo which is not the subject of a Special Declaration of
Value.
b)
With respect to cargo which is the subject of a Special Declaration of Value the premium, which shall
be payable quarterly, shall be equal to per cent of the Valuation Charges collected by the Assured.
(2) SECTION TWO - ALL RISKS INSURANCE
Premium payable quarterly calculated in accordance with the Rates Stated in Appendix A attached
hereto.
LPO 359B (10796)
LPO 417D AIRCRAFT AND AERIAL APPLICATION LIABILITY POLICY
WE THE INSURERS agree with the Insured, named in the Declarations made a part hereof, in
consideration of the payment of the Premium, and in reliance upon the statements in the Declarations
and subject to the Limits of Liability, Exclusions, Conditions and Other Terms of this Policy
INSURING AGREEMENTS
COVERAGE A — BODILY INJURY LIABILITY (EXCLUDING PASSENGERS. PILOT AND CREW)
To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as
damages, including damages for care and loss of services, because of bodily injury sustained by any
person, excluding any Passenger, pilot or member of the crew of the Aircraft whilst acting in their capacity
as such, caused by an Occurrence and arising cut of ownership, maintenance 01 use of the Aircraft
including Aerial Application (as herein defined)
COVERAGE B—PROPERTY DAMAGE LIABILITY
To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as
damages because of injury to or destruction of property, including the loss of use thereof, caused by an
Occurrence and arising out of the ownership, maintenance or use of the Aircraft including Aerial
Application (as herein defined)
COVERAGE C—SINGLE LIMIT—BODILY INJURY (EXCLUDING PASSENGERS, PILOT AND CREW)
AND PROPERTY DAMAGE LIABILITY
To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as
damages, including damages for care and loss of services, because of bodily injury sustained by any
person, excluding any Passenger, pilot or member of the crew of tie Aircraft whilst acting in their capacity
as such, and for damages because of injury to or destruction of property, including loss of use thereof,
caused by an Occurrence and arising out of the ownership, maintenance or use of the Aircraft including
Aerial Application (as herein defined).
The term "bodily injury" wherever used shall include death and sickness.
SUPPLEMENTARY PAYMENTS
In respect to claims covered by the Policy and irrespective of the appropriate limit of liability Insurers will:a) pay all premiums on bonds to release attachments for an amount not in excess of the limit of liability
of this Policy, all premiums on appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
b) defend in the name of the Insured and on his behalf any suit against the Insured alleging such bodily
injury or injury to or destruction of property and seeking damages on account thereof even if such suit
is groundless, false or fraudulent; but the Insurers shall be under no obligation to defray any law costs
or to defend law suits against the Insured based on claims not covered under this Policy;
c) pay expenses incurred by the Insured for such immediate medical and surgical relief to others as
shall be imperative at the time of the accident;
d) pay expenses incurred by the Insurers for investigation, adjustment and defence and reimburse the
Insured for all reasonable expenses, other than loss of earnings, incurred at the Insurers' request.
AUTOMATIC INSURANCE OF NEWLY ACQUIRED AIRCRAFT
a) If the Named Insured acquires ownership of another Aircraft of similar type and so notifies the
Insurers within thirty (30) days following the date of its delivery to him, such insurance as is afforded
by this Policy applies also to such Aircraft as of such delivery date;
b) This Insuring Agreement does not apply:i)
to any claim against which the Named Insured has other valid and collectible insurance, or
ii) except during the Policy period, but if such delivery date is prior to the effective date of this
Policy the insurance applies as of such effective date.
The Named Insured shall pay the prescribed Additional Premium required because of the application of
the insurance to such other Aircraft as stated in Condition 6 hereof.
TERRITORY OF USE
This Policy applies only whilst the Aircraft is within the Continental limits of the United States of America
(excluding Alaska), Canada or the Republic of Mexico.
TWO OR MORE AIRCRAFT
When two or more Aircraft are insured hereunder the terms of this Policy shall apply separately to each.
EXCLUSIONS
THIS POLICY DOES NOT APPLY:1.
to the use of the Aircraft for any purpose other than those uses described in the Declarations; or
while the Aircraft is neither owned, operated nor in the care, custody or control of the Insured;
2.
while the Aircraft is being flown by any person who does not comply with all of the requirements of
Item 7 of the Declarations;
3.
to injury to or destruction of any property owned or occupied by or rented to the Insured or any
property in the care, custody or control of the Insured, or property as to which the Insured for any
purpose is exercising physical control;
4.
to injury to or destruction of any crops, pastures, trees or tangible property to which the Aerial
Application is deliberately made whether in error or not;
5.
to liability of others assumed by the Insured under any contract or agreement, oral or written unless
such liability would have attached to the Insured even in the absence of such agreement;
6.
to any obligation for which the Insured or his insurer may be held liable under any Workmen's
Compensation, Unemployment Compensation or Disability Benefits law or under any similar Law; 01
to bodily injury of any employee of the Insured arising out of and in the course of his employment by
the Insured or his sub-contractor;
7.
to the application of any chemical within the area of any zoned residential area of any incorporated
city or town unless specifically endorsed hereon;
8.
to liability of the Farmer/Owner/Grower, unless specifically included hereunder and the appropriate
Premium paid;
9.
to bodily injury or property damage caused by or resulting from the use of inorganic arsenical
preparations or compounds such as sodium arsenate, sodium arsenate and the like and/or dust
formulations of defoliants or desiccants;
10. to bodily injury or property damage caused by or resulting from non-compliance by the Insured with
the manufacturer's printed directions and/or any Federal or State Regulations or those of any
appropriate authority in respect of the chemical or seed being applied;
11. to exemplary or punitive damages;
12. to war, hi-jacking and other perils as more fully set forth in the attached WAR, HIJACKING AND
OTHER PERILS EXCLUSION CLAUSE (AVN 48B);
13. to noise and other perils a;* more fully set forth in the attached NOISE AND POLLUTION AND
OTHER PERILS EXCLUSION CLAUSE (AVN 46B), with paragraph 1 (b) deleted;
14. if the Insured does not comply with all air navigation and airworthiness orders and all other
requirements and regulations issued by any competent authority and does not take all steps to
ensure that such orders, requirements and regulations are strictly complied with by the r agents and
employees and that the Aircraft shall be airworthy at the commencement of each flight;
15. to the liability of one Insured to another Insured.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
This Policy does not cover:a) loss or destruction of or damage to any property whatsoever or any loss or expense, whatsoever
resulting or arising therefrom
b) any legal liability of whatsoever nature
directly or indirectly caused or contributed to by or arising from ionizing radiations or contamination by
radioactivity from any source whatsoever.
DEDUCTIBLE
It is understood and agreed that in the event of a claim arising in respect of property damage resulting
from Aerial Application, the Insured shall bear the first $500.00 of each and every Occurrence.
It is further understood and agreed that the Insured shall remit to Insurers, or their authorised
representative, on demand, any portion of or whole amount of the Deductible pertaining to any claim, to
be used by Insurers or their representatives in settlement of claims covered under this Policy. Sums
collected from the Insured under this Deductible provision shall be used solely for the purpose of
extinguishing, in good faith, claims brought against the Insured, pursuant to authority to settle such claims
afforded Insurers. All sums collected from the Insured by Insurers pursuant to this Deductible obligation,
which are not ultimately employed for settlement of outstanding claims shall be returned to the Insured by
Insurers without interest or other charge.
CONDITIONS
1.
NOTICE: OF OCCURRENCE
It is a mandatory condition of this Policy that IMMEDIATE NOTICE of any Occurrence likely to give rise to
a claim shall be given to the Insurers or any of their representatives by or on behalf of the Insured as
soon as the Insured or his responsible employees, agent or representative has knowledge thereof. The
type of bodily injury or property damage from operations by the Insured is such that a determination as to
whether the claimed bodily injury or property damage is embraced within the coverage of this Policy
cannot be made until notice of the Occurrence which may possibly give rise to a claim is given to Insurers
at the time of the Occurrence. It is a specific provision of this Policy that failure to comply with the
provisions requiring IMMEDIATE NOTICE of the Occurrence which may possibly give rise to a claim shall
be presumed to cause Insurers to suffer substantial prejudice, and such failure to give IMMEDIATE
NOTICE shall automatically exclude coverage, and Insurers shall have no liability for such bodily injury or
property damage.
2.
NOTICE OF CLAIM OR SUIT
If a claim is made or suit is brought against the Insured, the Insured shall immediately forward to the
Insurers every demand, notice, summons or other process received by him or his representatives.
3.
ASSISTANCE AND CO-OPERATION OF THE INSURED
The Insured shall co-operate with the Insurers and, upon the Insurers' request, shall attend hearings and
trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of
witnesses and in the conduct of suits. The Insured shall not except at his own cost, voluntarily make any
payment, assume any obligation or incur any expense, other than such immediate medical and surgical
relief to others as shall be imperative at the time of Occurrence.
4.
CHANGES
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a
waiver or a change in any part of this Policy or estop the Insurers from asserting any right under this
Policy; nor shall any part of this Policy be waived or changed, except by Endorsement signed by the
Insurers and issued to form part of this Policy.
5.
ASSIGNMENT
This Policy shall not be assigned in whole or in part except with the consent of the Insurers verified by
Endorsement signed by the Insurers and issued to form part of this Policy; if, however, the Named
Insured shall die or be adjudged bankrupt or insolvent within the Policy period, this Policy, unless
cancelled, shall, if written notice be given to Insurers within 30 (thirty) days after the date of such death or
adjudication, cover:
a)
the Named Insured's legal representative as the Named Insured
and
b)
any person having proper temporary custody of the Aircraft, as an Insured, until the appointment and
qualification of such legal representative but in no event for a period of more than 30 (thirty) days after the
date of such death or adjudication.
6. CANCELLATION. SUBSTITUTION. ADDITION. DELETION. OR ALTERATION
This Policy may be cancelled by the Insured by surrender thereof or by mailing to the Insurers written
notice stating when thereafter such cancellation shall be effective. This Policy may be cancelled by the
Insurers by mailing to the Insured at the address shown in this Policy written notice stating when not less
than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be
sufficient proof of notice and the effective date and hour of cancellation stated in the notice shall become
the end of the Policy period. Delivery of such written notice either by the Insured or by the Insurers shall
be equivalent to mailing.
If the Insurers cancel, Earned Premiums shall be computed pro rata. Premium adjustment may be made
at the time cancellation is effected and, if not then made, shall be made as soon as practicable after
cancellation becomes effective. The Insurers' check or the check of their representative mailed or
delivered as aforesaid shall be sufficient tender of any refund of Premium due to the Insured.
In the event of cancellation of this Insurance by the Insured or in the event of substitution, addition and
deletion of Aircraft and/or alteration of cover, the Minimum Premium in respect of each Aircraft shall be
calculated as set forth below, unless otherwise agreed by the Insurers. No return of premium will be made
in respect of any Aircraft which has been the subject of a claim hereunder.
MINIMUM PREMIUM
Policy in force less than 31 days
33 '/3%• of annual premium
31 days or more and less than 61 days
60% of annual premium
61 days or more and less than 91 days
75% of annual premium
91 days or more and less than 120 days 85% of annual premium
120 days or more
100% of annual premium
LIMITS OF LIABILITY
(a)
The limit of liability stated in the Declarations as applicable to "each person" is the limit of the
Insurers' liability for all damages arising out of bodily injury, sustained by one person in any one
Occurrence; the limit of such liability stated as applicable to "each Occurrence" is, subject to the
above provision respecting each person, the total limit of the Insurers' liability for all damages,
arising ox it of bodily injury, sustained by two or more persons in any one Occurrence.
(b)
The limit of liability stated in the Declarations for Coverage B is the limit of the Insurers' liability for all
damages arising out of any one Occurrence.
(c)
The limit of liability stated in the Declarations for Coverage C is the limit of the Insurers' liability for all
damages arising out of any one Occurrence.
Notwithstanding the inclusion herein of more than one Insured whether by Endorsement or otherwise, the
total liability of the Insurers in respect of any or all Insureds shall not exceed the limit(s) stated in the
Declarations.
8.
OTHER INSURANCE
This insurance does not cover any liability which at the time of happening is insured by, or would but for
the existence of this Policy be insured by, any other existing policy or policies except in respect of any
excess beyond the amount which would have been payable under such other policy or policies if this
insurance had not been effected.
9.
SUBROGATION
In the event of any payment under this Policy, the Insurers shall be subrogated to all the Insured's rights
of recovery therefor against any person or organisation and the Insured shall execute and deliver,
instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do
nothing to prejudice such rights.
10.
ACTION AGAINST INSURERS
No action shall lie against the Insurers unless, as a condition precedent thereto, the Insured shall have
fully complied with all the terms of this Policy, nor until the amount of the Insured's obligation to pay shall
have been finally determined, either by judgment against the Insured after actual trial or by written
agreement of the Insured, the Claimant and the Insurers.
11.
SCHEDULE OF STATEMENTS
By acceptance of this Policy the Named Insured agrees that the statements in the Declarations are his
agreements and representations, that this Policy is issued in reliance upon the truth of such
representations and that this Policy embodies all agreements existing between himself and the Insurers
relating to this insurance.
12.
MISREPRESENTATION AND FRAUD
This Policy shall be void if the Named Insured has concealed or misrepresented any material fact or
circumstance whether under the Declarations or not concerning this insurance or the subject thereof or in
case of any fraud attempted fraud or false swearing by the Insured touching any matter relating to this
insurance or the subject hereof, whether before or after a loss.
13.
SERVICE OF SUIT
It is agreed that in the event of the failure of Insurers hereon to pay any amount claimed to be due
hereunder, Insurers hereon, at the request of the Insured will submit to the jurisdiction of any Court of
competent jurisdiction within the United States. Nothing in this Clause constitutes or should be
understood to constitute a waiver of Insurers' rights to commence an action in any Court of competent
jurisdiction in the United States, to remove an action to a United States District Court, OJ 1 to seek a
transfer of a case to another Court as permitted by the laws of the United States or of any State in the
United States.
It is further agreed that service of process in such suit may be made upon the person(s) named in the
Declarations, and that in any suit instituted against any one of them upon this contract, Insurers will abide
by the final decision of such Court or of any Appellate Court in the event of an appeal.
The above-named are authorised and directed to accept service of process on behalf of Insurers in any
such suit and/or upon the request of the Insured to give a written undertaking to the Insured that they will
enter a general appearance upon Insurers' behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory or district of the United States which makes
provision therefor, Insurers hereon hereby designate the Superintendent, Commissioner or Director of
Insurance or other officer specified for that purpose in the statute, or his successor or successors in
office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit
or proceeding instituted by or ort behalf of the Insured or any beneficiary here under arising out of this
contract of insurance, and hereby designate the above-named as the person to whom the said officer is
authorised to mail such process or a true copy thereof.
DEFINITIONS
The unqualified word 'Insured' includes the Named Insured and any partner, executive officer, director or
employee if the Named Insured is a corporation but only while acting within the scope of his duties at;
such and any properly qualified and licensed pilot operating the Aircraft on behalf of and with the
knowledge and consent of the Insured and who complies with the requirements of Item 7 of the
Declarations.
' PASSENGER'. Shall mean any person other than the pilot or member of the crew of the Aircraft while
in, on or boarding the Aircraft for the purposes of riding or flying therein or plighting from the Aircraft
following flight or attempted flight therein.
'OCCURRENCE'. Means either an accident happening during the Policy period or a continuous or
repeated exposure to conditions which unexpectedly or unintentionally causes bodily injury or injury to or
destruction of property during the Policy period. All damages arising out of such exposure to substantially
the same general conditions shall be considered as arising out of one Occurrence.
Furthermore all spraying or dropping of one type of chemical or seed for one Farmer/Owner/Grower
during one calendar day shall be considered as one Occurrence.
'AERIAL APPLICATION'. Shall mean the spraying or dropping of chemical or seed.
DECLARATIONS
ITEM NUMBER
1. NAME OF INSURED :
(hereinafter referred to as 'the Named Insured')
ADDRESS :
2. PREMIUM :
3
POLICY PERIOD OF
INSURANCE
From:
To:
both days at 12.01 am Local Standard Time
at the address as stated above.
4. The insurance afforded is only with respect to such and so many of the following coverages as are
indicated by the specific limits of liability shown below. The limit of Insurers' liability against each such
coverage shall be as stated herein, subject to all the terms of the Policy having reference thereto.
COVERAGES
(As described in the Insuring Agreements)
A. BODILY INJURY LIABILITY
(excluding Passengers,
pilot or member of the crew)
LIMITS OF LIABILITY
$
B. PROPERTY DAMAGE LIABILITY
C. SINGLE LIMIT BODILY INJURY
(excluding Passengers
pilot or member of the
crew) and PROPERTY DAMAGE
LIABILITY
each person
each Occurrence
$
$
,$
each Occurrence
each Occurrence
5. DESCRIPTION OF AIRCRAFT
IDENTIFICATION
MARKS
MAKE. MODEL
SERIAL NO.
TYPE*
* Fixed Wing. Rotorcraft
6. USES
Private and pleasure
purposes but not for
any business or profession other
than Aerial Application.
7. PILOT REQUIREMENTS:
a current and valid certificate of competency and medical certificate and having a Minimum:(a) Total Logged Fixed Wing Flying Hours of:(b) Total Logged Helicopter Flying Hours of:(c) Total Logged Fixed Wing Aerial Application Flying Hours of: (d) Total Logged Helicopter Aerial Application Flying Hours of:8. SERVICE OF SUIT
LPO 417D 1.10.96
:
may be made upon:-
Service of process
AIRCRAFT CONSEQUENTIAL LOSS POLICY
WHEREAS the Insured described in the Schedule hereto (hereinafter called "the Insured") has applied to
the Insurers for the insurance hereinafter contained and has agreed to pay the Premium stated in the said
Schedule as consideration for such insurance during the Period of Insurance stated in the said Schedule,
NOW THIS POLICY WITNESSETH that subject to the Terms Exceptions Limitations and Conditions
contained herein or endorsed hereon if the Insured shall sustain any loss arising from the Insured's
inability to utilise any of the Aircraft specified in the Schedule as a direct result of accidental damage
occurring during the Period of Insurance to such Aircraft and in respect of which damage a valid and
collectable claim can be made (or could be made save only for the application of any deductible
provision) under the Policy (hereinafter referred to as "the Hull Policy") issued by the Hull Insurers
specified in the Schedule and covering the said Aircraft both for Flight Risks and for Ground Risks then
the Insurers will pay to the Insured the benefits set out in the Scale of Compensation.
EXCEPTIONS
The Insurers shall not be liable under this Policy:(a)
in the event of any payment being made under the Hull Policy as a result of any Breach of Warranty
provision therein or on the basis of a Total Loss, Constructive Total Lost; or Arranged Total Loss;
(b)
to make any payment in respect of the period immediately following the accidental damage referred
to herein (hereinafter referred to as the "Excess Period") and specified in the Schedule hereto;
(c)
in respect of any damage which is attributable to the willful and malicious act of the Insured or of any
Agent or servant of the Insured or other person under the control of the Insured acting within the
scope of his employment or authority;
(d)
if the Insured is entitled to an indemnity under any other consequential loss insurance or total loss
only Hull Insurance in addition to the Hull Policy referred to above unless written notice of the
existence of such other policy/ies shall have been given to the Insurers and accepted by
endorsement hereon.
CONDITIONS
The Policy and the Schedule shall be read together as one contract and any word or expression to which
a specific meaning has been attached in any part of this Policy or of the Schedule shall bear the same
meaning wherever it may appear.
1.
The due observance and fulfillment of the terms provisions conditions and endorsements of this
Policy in so far as they relate to anything to be done or complied with by the Insured shall be
conditions precedent to any liability of the Insurers to make any payment under this Policy.
2.
Should there be any change in the circumstances or nature of the risks which are the basis of this
contract the Insured shall give immediate notice thereof to the Insurers and no claim arising
subsequent to such change shall be recoverable hereunder unless such change has been accepted
by the Insurers.
3.
In the event of loss of or damage to the Insured's Aircraft likely to result in a claim hereunder the
Insured shall give written notice thereof to the Insurers immediately after the occurrence has come
to the knowledge of the Insured.
4.
The Insured shall take all reasonable steps to do and concur in doing all things practicable to avoid
or diminish loss hereunder and to have the operation of the Aircraft resumed as early as is possible.
5.
In the event of a claim hereunder not reaching the maximum amount payable in respect of the
damaged Aircraft the Policy shall remain in effect for the balance remaining between the amount
paid to dispose of such claim and the maximum compensation payable in respect of that Aircraft.
The amount of any claim paid hereunder may be reinstated if the Insurers so agree subject to the
payment of a premium to be agreed prior to such reinstatement.
6.
The Insured may delete Aircraft from the Schedule of this Policy when subject to prior notice to the
Insurers the following return of premium will be allowed:(a) in the case of an Aircraft which has not been the subject of a claim hereunder a proportionate
part of the premium relative to the unexpired period of insurance;
(b) in the case of an Aircraft which has been the subject of a claim not reaching the maximum
amount payable hereunder a proportionate part of the premium calculated on the residual sum
insured and relative to the unexpired period of insurance.
There will be no return of premium in respect of an Aircraft the subject of a claim settled for the
maximum amount payable hereunder unless reinstatement has been agreed between the Insurers
and the Insured and the appropriate premium has been paid to the Insurers. If the deletion of an
Aircraft results in fact in the extinction of the Policy the deletion shall be regarded as a cancellation
of the Policy by the Insured and the appropriate provisions of Condition (7) shall apply.
7.
Insurers may cancel this Policy by sending fifteen days' notice by registered letter to the Insured at
his last known address and in such event will return to the Insured the Premium less the pro rata
portion thereof for the period the Policy has been in force.
The Insured may cancel this Policy at any time on fifteen days' notice and (provided no claim has
arisen during the Period of Insurance) the Insured shall be entitled to a return of the Premium less
premium at the Insurers' Short Period rates for the time the Policy has been in force. If a claim has
been made or is pending hereunder the Insured shall be entitled to a return of premium calculated
as aforementioned on the sum insured remaining in force under the terms of Condition (5) hereof.
8.
If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or
otherwise this Policy shall become void and all claims hereunder shall be forfeited.
9.
Insurers shall be entitled if they so desire to prosecute in the name of the Insured for their own
benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct
of any proceedings and in the settlement of any claim and the Insured shall give all such information
and assistance as the Insurers may require.
10. All differences arising out of this Policy shall be referred to the decision of an Arbitrator to be
appointed in writing by the parties in difference or if they cannot agree upon a single Arbitrator to the
decision of two Arbitrators one to be appointed in writing by each of the parties within one calendar
month after having been required in writing so to do by either of the parties or in case the Arbitrators
do not agree of an Umpire appointed in writing by the Arbitrators before entering upon the reference.
The Umpire shall sit with the Arbitrators and preside at their meetings and the making of an Award
shall be a condition precedent to any right of action against Insurers. If the Insurers shall disclaim
liability to the Insured for any claim hereunder and such claim shall not within twelve calendar
months from the date of such disclaimer have been referred to arbitration under the provisions
herein contained then the claim shall for all purposes be deemed to have been abandoned and shall
not thereafter be recoverable hereunder. Unless otherwise mutually agreed between the parties
such arbitration shall take place in London.
SCHEDULE
POLICY NUMBER
THE INSURED:
Name
Address
Nature
in Specified Aircraft:
of
Insured's
Interest
AIRCRAFT
Registration Marks:
Constructor and Model
PERIOD OF INSURANCE
from
PREMIUM
to
HULL INSURERS:
EXCESS PERIOD:
days
SCALE OF COMPENSATION:
Per day in respect of any one Aircraft:
such amount to be payable monthly in arrears.
Maximum amount payable in respect of any one Aircraft:
DEFINITION:
"DAY" means each complete period of twenty-four hours commencing with the time of the
occurrence giving rise to a claim hereunder or where through circumstances it is impossible to
prove beyond reasonable doubt the actual time of accident each complete period of twenty-four
hours commencing from the estimated time of arrival at the next intended place of landing in the
case of damage to the Insured Aircraft during flight or each complete period of twenty-four hours
commencing from the time of discovery of the damage to the Insured Aircraft when not in flight.
This Policy is extended to include the cost of hire or rental of aircraft parts following upon accidental
damage as described :herein, such hire or rental being found necessary in compliance with Condition (4)
hereof and being of a temporary nature pending the repair or replacement of the damaged parts.
Insurers will pay such hire or rental charges (including the costs of installing and dismantling and incurred
freight charges) provided always that:1)
The parts used in temporary replacement are not parts which the Insured should reasonably keep in
his stock of spares in the normal course of his business.
2)
Condition (3) hereof is complied with.
3)
Insurers' prior agreement is obtained for such hiring or rental.
4)
No payment under this extension will exceed the amount that would have been paid under this Policy
in the absence of such hiring or rental.
All terms clauses and conditions herein remain unaltered.
BRITISH AVIATION INSURANCE GROUP
AMT 100 AIR MEET INSURANCE POLICY
The Insured must read this Policy as a complete document and refer to all of its contents and not just to
individual parts. The Insured should return the Policy to the Insurers immediately for alteration if they
believe it is incorrect. The Insured should seek clarification of anything which they do not understand.
The Insured shall observe and fulfil all of the terms and conditions of this Policy as a condition precedent
to the liability of the Insurers to make any payment under this Policy.
It is a condition to any payment under this Policy that the Insured will act at all times as though they were
un-insured and this Policy had not been issued.
If the Insured or any representative of the Insured conceals, misrepresents or fails to disclose any fact or
circumstance which affects this Policy or its formation, the Policy will be voidable from inception.
If the Insured or any representative of the Insured commits fraud or attempts to do so in connection with
any claim under this Policy, the Policy is void.
THE SCHEDULE
Policy Number:
Name of Insured:
Insured also means any person employed or hired by the Insured named above whilst acting
within the scope of their duties for or on behalf of the Insured.
Address of Insured:
Policy Period:
Limit of Indemnity:
Additional costs and expenses:
(any one Occurrence)
(any one Occurrence)
Deductible:
(each and every loss)
Location of Air Meet:
Premium:
All notices and communications required to be given under this Policy shall be given through
AMT.100
WHAT THIS POLICY COVERS
The Insurers will indemnify the Insured for all sums, up to the Limit of Indemnity stated in the Schedule
and subject to any applicable Deductible stated in the Schedule, which the Insured is held legally liable to
pay, and shall pay, as compensatory damages arising out of an Occurrence which causes Bodily Injury or
Property Damage directly in connection with the Air Meet organised or sponsored by the Insured at the
location specified in the Schedule.
WHAT THIS POLICY DOES NOT COVER
The Insurers will not pay:1.
for Bodily Injury or Property Damage caused by any mechanically propelled vehicle used by or on
behalf of the Insured in circumstances which are covered by the requirements of any motor
insurance law, or, where no such law exists, whilst the vehicle is on a public highway.
2.
for Property Damage to property which the Insured owns, leases, rents, uses or occupies or which is
in their care, custody or control for their own use.
3.
for Bodily Injury to any person arising out of and in the course of their employment by the Insured or
liability for which the Insured or his insurer may be held liable under any workers compensation,
employers liability, unemployment compensation or disability benefits law or any similar law.
4.
punitive, aggravated or exemplary damages.
5.
claims which are payable under any other policy of insurance, except in respect of any excess
beyond the amount which would have been payable under such other policy hid this Policy not been
effected.
6.
for Bodily Injury or Property Damage caused by any participant in the Air Meet or by any
participating aircraft, vehicle or device.
7.
for Bodily Injury or Property Damage arising out of any goods or products manufactured, repaired,
treated, sold, supplied or distributed by the Insured once the goods or products are no longer in the
possession or under the control of the Insured
8.
for Bodily Injury or Property Damage arising out of the Insured's use of any aircraft which they own
or which is operated on their behalf.
9.
for Bodily Injury or Property Damage arising out of the use of pyrotechnics.
10. for liability arising under the terms of any contract or agreement which the Insured has entered into
unless the prior permission of the Insurers has been obtained.
WAR AND OTHER PERILS EXCLUSION
This Policy does not cover claims caused by:1.
war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war',
rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of
power.
2.
any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter.
3.
strikes, riots, civil commotions or labour disturbances,
4.
any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist
purposes and whether the loss or damage resulting therefrom is accidental or intentional.
5.
any malicious act or act of sabotage
NUCLEAR RISKS EXCLUSION
This Policy does not cover:
i)
loss of or destruction of or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising therefrom or any consequential loss
ii)
any legal liability of whatsoever nature
directly or indirectly caused by or contributed to by or arising from:
a) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component thereof;
b) ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous
properties of, any other radioactive source whatsoever.
NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE
1. This Policy does not cover claims directly or indirectly occasioned by, happening through or in
consequence of (a)
noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena
associated therewith,
(b)
pollution and contamination of any kind whatsoever,
(c)
electrical and electromagnetic interference,
(d)
interference with the use of property;
unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency
causing abnormal Aircraft operation.
2.
With respect to any provision in this Policy concerning any duty of the Insurers to investigate or
defend claims, such provision shall not apply and the Insurers shall Hot be required to defend
(a)
claims excluded by Paragraph 1 or
(b)
a claim or claims covered by this Policy when combined with any claims excluded by Paragraph 1
(referred to below as "Combined Claims").
3. In respect of any Combined Claims, the Insurers shall (subject to proof of loss and the limits of the
Policy) reimburse the Insured for that portion of the following items which may be allocated to the
claims covered by this Policy:
(a)
damages awarded against the Insured and
(b)
defence fees and expenses incurred by the Insured.
4
This clause does not override the Nuclear Risks Exclusion contained in this Policy.
CONDITIONS WHICH APPLY TO THIS POLICY
1. The Insured shall, by means of fences and/or guards, take all practical steps to prevent spectators
from encroaching upon that part of the location specified in the Schedule intended for the taxying,
launching or landing of aircraft or devices.
2. The Insured shall and will at all times exercise reasonable care in seeing that all stands, ways, works,
machinery and any other property used are substantial and sound and maintained in proper order
and good repair and are fit for the purposes for which they are used and that all reasonable
safeguards and precautions against accidents are provided and used.
3. The contract for the insured Air Meet shall provide (a) that it is conducted in accordance with the
regulations prescribed by the Civil Aviation Authority or appropriate Aviation Authority (b) that
participants are required to comply with such regulations and (c) that all participants are adequately
insured.
4. An adequate force of police and civilian guards will be present to control the public and an adequate
number of competent marshals and stewards will be provided to control the movements of aircraft,
vehicles and devices.
5. No pylons shall be placed less than the distance approved by a duly authorised Inspector of the Civil
Aviation Authority or appropriate Aviation Authority.
6. No glider shall be towed over spectators.
7. No part of any race shall be over an area reserved for spectators.
All participants in the Air Meet shall be specifically instructed to avoid flying over spectators and also be
made aware of the landing and take-off regulations to apply.
In the event that prevailing winds make it necessary for take-offs to be made in the direction of the
spectators, such take-offs shall be made only in any area specified and in a manner specified by a Civil
Aviation Authority Inspector or appropriate Aviation Authority, but every effort must then be made to avoid
taking off directly towards: spectators.
DEFENCE OF LEGAL ACTIONS AND PAYMENT OF COSTS AND EXPENSES
The Insurers will defend any legal action which is brought against the Insured alleging Bodily Injury or
Property Damage, in respect of the Insurance provided by this Policy, even if the action is proved to be
false or fraudulent, but the Insurers shall have the right to make such investigation, negotiations and
settlement of any claim or suit as they feel right and proper.
The Insurers will pay the costs and expenses set out in the following paragraphs in addition to any
amounts paid in settlement of claims against the Insured:1. legal costs and expenses which are incurred by the Insurers in defending any action against the
Insured, including costs of investigating, negotiating and settling the action.
2. costs awarded against the Insured in any action against them.
3. interest after judgment against the Insured.
4. premiums for providing any bonds which are required in connection with any legal action, although
the Insurers will not be responsible for obtaining the bonds unless they so wish.
5. expenses reasonably incurred at the request of the Insurers in connection with any legal action,
although the Insurers will not pay for loss of earnings or salaries of the Insured or anyone employed
by them.
Should the amount paid or awarded in settlement against the Insured exceed the Limit of Indemnity
stated in the Schedule die liability of the Insurers for payments as detailed in I to 3 above will be limited to
the .same proportion as the Limit of Indemnity bears to the amount paid or awarded in settlement.
Notwithstanding any of the above, the Insurers shall have the right to tender the Limit of Indemnity in
settlement of a claim if they consider it to be appropriate to do so. In this event the Insurers' obligations
under this Policy will cease as regards the claim.
ADDITIONAL COSTS AND EXPENSES
The Insurers will, subject to their prior approval being obtained, pay, in addition to any amounts payable
under this Policy and up to the amount stated in the Schedule, any costs and expenses necessarily
incurred by or charged against the Insured as a direct result of an Occurrence for which coverage is
provided by this Policy,
The Insurers' prior approval will not, however, be required for necessary emergency medical expenses
incurred following an Occurrence.
CROSS LIABILITY
The inclusion of additional Insureds in any part of this Policy shall not preclude the rights of the Insured
stated in the Schedule to protection under this Policy from claims made against them by the additional
Insureds or their employees.
LIMITATION OF INDEMNITY
Even though this Policy may apply to more than one Insured, whether additional or otherwise, the total
liability of the Insurers under this Policy in respect of any or all Insureds will not exceed the Limit of
Indemnity stated in the Schedule.
CLAIMS PROCEDURE
The Insured must fully comply with the following procedures before the Insurers shall be obliged to make
payment of any amounts under this Policy.
The Insured must
1
notify the Insurers, by the quickest means possible, of any Occurrence or event which could result
in a claim under this Policy, including details of:(a)
the nature and place of the Occurrence or event.
(b)
deaths, injuries and damage to property.
(c)
names and addresses of any witnesses.
(d)
the name and telephone number of a contact for further information.
Any information given by telephone, telex or facsimile must be confirmed by mail.
2.
help the Insurers at investigations, hearings, trials, inquests and the like as and when required.
3.
send to the Insurers any documents received when a claim is made or a suit is filed against them.
The Insured must not
1) act in any way to the detriment of the Insurers.
2) make statements without the permission of the Insurers other than to a government official or other
authorised person.
3) make promises to pay amounts to any person other than the cost of providing emergency services
which are imperative at the time and place of an Occurrence.
Such payment shall not constitute an admission of liability of the Insured or the Insurers to pay under this
Policy.
4) assume or admit any liability without the permission of the Insurers.
ASSIGNMENT
The Insured's interest under this Policy cannot be assigned without the prior permission of the Insurers!.
SUBROGATION
When the Insurers pay a claim under this Policy they will be entitled to take over the Insured's rights of
recovery against any other person or organisation and to institute legal proceedings in the Insured's
name. The Insured must not do anything that will interfere with the Insurers' ability to make such recovery
and agrees to assist in every way possible and to give evidence if necessary.
The Insurers shall have the right to request that the Insured's rights be assigned to them, such request
not to be unreasonably withheld.
CHANGES
A notice to an agent or knowledge possessed by an agent or by any other person shall not effect a
change to any part of this Policy or prevent the Insurers from asserting their rights under this Policy;
changes can only be made to this Policy by the addition of endorsements issued by the Insurers.
JURISDICTION
This Policy has been constructed and any dispute or difference arising between the Insured and the
Insurers concerning the formation or execution of this Policy shall be settled in accordance with English
Law.
CANCELLATION
Both the Insured and the Insurers have the right to cancel this Policy by either party
giving the other 30 days notice of the intention to do so.
If the Insured cancels the Policy the Insurers will retain short rate of the premium calculated in
accordance with the customary short rate cancellation table.
If the Insurers cancel they will retain a proportionate part of the premium, calculated on a daily basis.
DEFINITIONS
The following words shall have the meanings set out below wherever used in this Policy.
"Occurrence" means an accident or a continued or repeated exposure to conditions occurring during the
Policy Period which results in Bodily Injury or Property Damage, provided that such Bodily Injury or
Property Damage is unexpectedly caused. All Bodily Injury and/or Property Damage arising out of
exposure to substantially the same general conditions shall be deemed to arise out of one Occurrence.
'Bodily Injury" means physical injury sustained by any person, or sickness, disease, disability, shock,
mental injury, mental anguish including death at any time resulting therefrom.
'Property Damage" means damage to or destruction of property and the resultant loss of use of such
property.
CL 161 INSTITUTE REPLACEMENT CLAUSE
In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by
the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part or parts
plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty is included in
the amount insured, in which case loss, if any, sustained by payment of additional duty shall also be
recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured value of the
complete machine.
CL.161 1/1/34 Sold by Witherby & Co. Ltd., London
CL 252 INSTITUTE CARGO CLAUSES (A)
USE ONLY WITH THE NEW MARINE POLICY FORM)
1/1/82
CL 252
RISKS COVERED
1.
This insurance covers all risks of loss of or damage to the subject-matter
insured except as provided in Clauses 4, 5, 6 and 7 below.
2.
This insurance covers general average and salvage charges, adjusted
or determined according to the contract of affreightment and/or the
governing law and practice, incurred to avoid or in connection with the
avoidance of loss from any cause except those excluded in Clauses 4,
5, 6 and 7 or elsewhere in this insurance.
3.
This insurance is extended to indemnify the Assured against such
proportion of liability under the contract of affreightment "Both to Blame
Collision" Clause as is in respect of a loss recoverable hereunder. In the
event of any claim by shipowners under the said Clause the Assured
agree to notify the Underwriters who shall have the right, at their own
cost and expense, to defend the Assured against such claim.
Risk Clause
General
Average Clause
"Both to blame
Collision"
Clause
EXCLUSIONS
4.
In no case shall this insurance cover
a. loss damage or expense attributable to wilful misconduct of
the Assured
General
Exclusion
Clause
b. ordinary leakage, ordinary loss in weight or volume, or
ordinary wear and tear of the subject-matter insured
c.
loss damage or expanse caused by insufficiency or
unsuitability of packing or preparation of the subject-matter
insured (for the purpose of this Clause 4.3 "packing" shall be
deemed to include stowage in a container or liftvan but only
when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
d. loss damage or expense caused by inherent vice or nature of
the subject-matter insured
e. loss damage or expense proximately caused by delay, even
though the delay be caused by a risk insured against (except
expenses payable under Clause 2 above)
f.
loss damage or expense arising from insolvency or financial
default of the owners managers charterers or operators of the
vessel
g. loss damage or expense arising from the use of any weapon
of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter.
5.
5.1 In no case shall this insurance cover loss damage or expense
arising from
-
unseaworthiness of vessel or craft,
-
unfitness of vessel craft conveyance container or liftvan for the safe
carriage of the subject-matter insured,
Unseaworthines
s and Unfitness
Exclusion
Clause
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein.
5.2. The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and
fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their
servants are privy to such unseaworthiness or unfitness.
6.
In o case shall this insurance cover loss damage or expense caused by
6.1. war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
War
Exclusion
Clause
6.2. capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
6.3. derelict mines torpedoes bombs or other derelict weapons of war.
7.
In no case shall this insurance cover loss damage or expense
7.1. caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
Strikes
Exclusion
Clause
7.2. resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3. caused by any terrorist or any person acting from a political motive..
DURATION
8.
8.1 This insurance attaches from the time the goods leave the warehouse or
place of storage at the place named herein for the commencement of the transit,
continues during the ordinary course of transit and terminates either
Transit
Clause
8.1.1 on delivery to the Consignees' or other final warehouse or place of
storage at the destination named herein,
8.1.2 on delivery to any other warehouse or place of storage, whether prior to or
at the destination named herein, which the Assured elect to use either
8.1.2.1 for storage other than in the ordinary course of transit or
8.1.2.2 for allocation or distribution,
or
8.1.3 on the expiry of 60 days after completion of discharge overside of the
goods hereby insured from the oversea vessel at the final port of
discharge, whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel at the final port of
discharge, but prior to termination of this insurance, the goods are to be
forwarded to a destination other than that to which they are insured
hereunder, this insurance, whilst remaining subject to termination as provided
for above, shall not extend beyond the commencement of transit to such
other destination.
8.3. This insurance shall remain in force (subject to termination as provided
for above and to the provisions of Clause 9 below) during delay beyond
the control of the Assured, any deviation, forced discharge, reshipment
or transshipment and during any variation of the adventure arising from
the exercise of a liberty panted to shipowners or charterers under the
contract of affreightment.
Termination of
Contract of
carriage Clause
9.
If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a port or place other than the
destination named therein or the transit is otherwise terminated before
delivery of the goods as provided for in Clause 8 above, then this insurance
shall also terminate unless prompt notice is given to the Underwriters and
continuation of cover is requested when the insurance shall remain in force,
subject to an additional premium if required by the Underwriters, either
9.1. until the goods are sold and delivered at such port or place, or, unless
otherwise specially agreed, until the expiry of 60 days after arrival of the
goods hereby insured at such port or place, whichever shall first occur,
or
9.2. if the goods are forwarded within the said period of 60 days (or any
agreed extension thereof) to the destination named herein or to any
other destination, until terminated in accordance with the previsions of
Clause 8 above.
10. Where, after attachment of this insurance, the destination is changed by the
Assured, held covered at a premium and on conditions to be arranged
subject to prompt notice being given to the Underwriters.
Change of
Voyage Clause
CLAIMS
11. 11.1 In order to recover under this insurance the Assured must have an
insurable interest in the subject-matter insured at the time of the loss.
Insurable Interest
Clause
11.2. Subject to 11.1 above, the Assured shall be entitled to recover for
insured loss occurring during the period covered by this insurance,
notwithstanding that the loss occurred before the contract of insurance
was concluded, unless the Assured were aware of the loss and the
Underwriters were not.
12. Where, as a result of the operation of a risk covered by this insurance, the
insured transit is terminated at a port or place other than that to which the
subject-matter is covered under this insurance, the Underwriters will
reimburse the Assured for any extra charges properly and reasonably
incurred in unloading storing and forwarding the subject-matter to the
destination to which it is insured hereunder.
Forwarding
Charges Clause
This Clause 12, which does not apply to general average or salvage charges,
shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and
shall not include charges arising from the fault negligence insolvency or financial
default of the Assured or their servants.
13.
No claim for Constructive Total Loss shall be recoverable hereunder
unless the subject-matter insured is reasonably abandoned either on
account of its actual total loss appearing to be unavoidable or because the
cost of recovering, reconditioning and forwarding the subject-matter to the
destination to which it is insured would exceed its value on arrival.
14.
14.1 If any Increased Value insurance is effected by the Assured on the
cargo insured herein the agreed value of the cargo shall be deemed to be
increased to the total amount insured under this insurance and all
Increased Value insurances covering the loss, and liability under this
insurance shall be in such proportion as the sum insured herein bears to
such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of
the amounts insured under al other insurances.
Constructive Total
Loss Clause
Increased Value
Clause
14.2. Where this insurance is on Increased Value the following clause shall
apply:
The agreed value of the cargo shall be deemed to be equal to the total amount
insured under the primary insurance and all Increased Value insurances
covering the loss and effected on the cargo by the Assured, and liability under
this insurance shall be in such proportion as the sum insured herein bears to
such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of
the amounts insured under all other insurances.
BENEFIT OF INSURANCE
15. This insurance shall not inure to the benefit of the carrier or other bailee.
Not to Inure
Clause
MINIMISING LOSSES
16. It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
Duty of Assured
Clause
16.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
16.2 to ensure that all rights against carriers, bailees or other third parties
are properly preserved and exercised, and the Underwriters will, in
addition to any loss recoverable hereunder, reimburse the Assured for
any charges properly and reasonably incurred in pursuance of these
duties.
17. Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance o: abandonment or otherwise
prejudice the rights of either party.
Waiver Clause
AVOIDANCE OF DELAY
15. It is a condition of this insurance that the Assured shall act with
reasonable despatch in all circumstances within their control.
Reasonable
Despatch
Clause
LAW AND PRACTICE
16. This insurance is subject to English law and practice.
NOTE:- It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to the
Underwriters and the right to such, cover is dependent upon compliance with
this obligation.
CL 252 Sold by Witherby & Cc. Ltd., London
English Law
and Practice
Clause
CL 255 INSTITUTE WAR CLAUSES (CARGO)
(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
1/1/82
CL 255
RISKS COVERED
1 This insurance covers, except as provided in Clauses 3 and 4 below, loss of
or damage to the subject-matter insured caused by
Risk Clause
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
2
This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law
and practice, incurred to avoid or in connection with the avoidance of loss from a
risk covered under these clauses..
General
Average Clause
EXCLUSIONS
3
In no case shall this insurance cover
3.1 loss, damage or expense attributable to wilful misconduct of the Assured
General
Exclusion
Clause
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss, damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 3.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
3.4 loss, damage or expense caused by inherent vice or nature of the
subject-matter insured
3.5 loss, damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable
under Clause 2 above)
3.6 loss, damage or expense arising from insolvency or financial default of
the owners managers charterers or operators of the vessel
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss, damage or expense arising from any hostile use of any weapon
of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
4. 4.1 In no case shall this insurance cover loss damage or expense arising
from
Unseaworthiness
and Unfitness
Exclusion Clause
- unseaworthiness of vessel or craft,
- unfitness of vessel craft conveyance container or liftvan for the safe carriage of
the subject-matter insured,
where the Assured or their servants are privy to such unseaworthiness or unfitness, at
the time the subject-matter insured is loaded therein.
4.2 The Underwriters waive any breach of the implied warranties of seaworthiness
of the ship and Fitness of the ship to carry the subject-matter insured to
Transit
Clause
destination, unless the Assured or their servants are privy to such
unseaworthiness or unfitness.
DURATION
5
5.1 This insurance
5.1.1 attaches only as the subject-matter insured and as to any part as that part is
loaded on an oversea vessel; and
5.1.2 terminates, subject to 5.2 and 5.3 below, either as the subject-matter
insured and as to any part as that part is discharged from an oversea vessel
at the final port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the vessel at
the final port or place of discharge,
whichever shall first occur;
nevertheless,
subject to prompt notice to the Underwriters and to an additional premium, such
insurance
5.1.3 reattaches when, without having discharged the subject-matter insured at
the final port or place of discharge, the vessel sails therefrom, and
5.1.4 terminates, subject to 5.2 and 5.3 below, either as the 'subject-matter
insured and as to any part as that part is thereafter discharged from the
vessel at the final (or substituted) port or place of discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of the vessel
at the final port or place of discharge or arrival of the vessel at a substituted port
or place of discharge,
whichever shall first occur.
5.2 If during the insured voyage the oversea vessel arrives at an intermediate port
or place to discharge the subject-matter insured for on-carriage by oversea
vessel or by aircraft, or the goods are discharged from the vessel at a port or
place of refuge, then, subject to 5.3 below and to an 'additional premium if
required, this insurance continues until the expiry of 15 days counting from
midnight of the day of arrival of the vessel at such port or place, but thereafter
re attaches as the subject-matter insured and as to any part as that part is
loaded on an on-carrying oversea vessel or aircraft. During the period of 15
days the insurance remains in force after discharge only whilst the subjectmatter insured and as to any part as that part is at such port or place. If the
goods are on-carried within the said period of 15 days or if the insurance
reattaches as provided in this Clause 5.2
5.2.1 where the on-carriage is by oversea vessel this insurance continues subject to
the terms of these clauses,
or
5.2.2 where the on-carriage is by aircraft, the current Institute War Clauses (Air
Cargo) (excluding sendings by Post) shall be deemed to form part of this
insurance and shall apply to the on-carriage by air.
5.3 If the voyage in the contract of carriage is terminated at a port or place other than
the destination agreed therein, such port or place shall be deemed the final port of
discharge and such insurance terminates in accordance with 5.1.2. If the subjectmatter insured is subsequently reshipped to the original or any other destination,
then provided notice is given to the Underwriters before the commencement of
such further transit and subject to an additional premium, such insurance
reattaches
5.3.1 in the case of the subject-matter insured having been discharged, as the subjectmatter insured and as to any part as that part is loaded on the on-carrying vessel
for the voyage;
5.3.2 in the case of the subject-matter not having been discharged, when the vessel
sails from such deemed final port of discharge;
thereafter such insurance terminates in accordance with 5.1.4.
5.4 The insurance against the risks of mines and derelict torpedoes, floating or
submerged, is extended whilst the subject-matter insured or any part thereof is on
craft whilst in transit to or from the oversea vessel, but in no case beyond the expiry
of 60 days after discharge from the oversea vessel unless otherwise specially
agreed by the Underwriters.
5.5 Subject to prompt notice to Underwriters, -and to an additional premium if required,
this insurance shall remain in force within the provisions of these Clauses during
any deviation, or any variation of the adventure arising from the exercise of a liberty
granted to shipowners or charterers under the contract of affreightment.
(For the purpose of Clause 5
"arrival" shall be deemed to mean that the vessel is anchored, moored or otherwise
secured at a berth or place within the Harbor Authority area. If such a berth or place is not
available, arrival is deemed to have occurred when the vessel first anchors, moors or
otherwise secures either at or off the intended port or place of discharge
"oversea vessel" shall be deemed to mean a vessel carrying the subject-matter from one
port or place to another where such voyage involves a sea passage by that vessel)
6. Where, after attachment of this insurance, the destination is changed by the Assured,
held covered at a premium and on conditions to be arranged subject to prompt notice
being given to the Underwriters.
Change of
Voyage
Clause
7. Anything contained in this contract which is inconsistent with Clauses 3.7, 3.8 or
5 shall, to the extent of such inconsistency, be null and void.
CLAIMS
8 8.1 In order to recover under this insurance the Assured must have an insurable
nterest in the subject-matter insured at the time of the loss.
8.2
Subject to 8.1 above, the Assured shall be entitled to recover for insured loss
occurring during the period covered by this insurance, notwithstanding that
the loss occurred before the contract of insurance was concluded, unless the
Assured were aware of the loss and the Underwriters were not.
9 9.1 If any Increased Value insurance is effected by the Assured on the cargo
insured herein the agreed value of the cargo shall be deemed to be increased to
the total amount insured under this insurance and all Increased Value insurances
covering the loss, and liability under this insurance shall be in such proportion as
the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of
the amounts insured under all other insurances.
9.2
Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo shall be deemed to be equal to the total amount
insured under the primary insurance and all Increased Value insurances covering
the loss and effected on the cargo by the Assured, and liability under this
Insurable
Interest
Clause
Increased
Value Clause
insurance shall be in such proportion as the sum insured herein bears to such
total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of
the amounts insured under all other insurances.
BENEFIT OF INSURANCE
Not to Inure
Clause
10. This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
11. It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
Duty of
Assured
Clause
11.1 to take such measures as may be reasonable for the purpose of averting or
minimising such loss,
and
11.2 to ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse
the Assured for any charges properly and reasonably incurred in pursuance of
these duties.
Waiver Clause
12 Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a
waiver or acceptance of abandonment or otherwise prejudice the rights of either
party.
AVOIDANCE OF DELAY
13. It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
LAW AND PRACTICE
Reasonable
Despatch
Clause
14. This insurance is subject to English law and practice.
NOTE:- It is necessary for the Assured when they become aware of an event which is
"held covered" under this insurance to give prompt notice to the Underwriters and the
right to such cover is dependent upon compliance with this obligation.
CL 255 Sold by Witherby & Co. Ltd., London
English law
and Practice
Clause
CL 256 INSTITUTE STRIKES CLAUSES (CARGO)
(FOR USE ONLY WITH THE NEW MARINE POLICY FORM
1/1/82)
CL 256
RISKS COVERED
Risk Clause
1. This insurance covers, except as provided in Clause 3 and 4 below, loss of or
damage to the subject-matter insured caused by
1.1
strikers, locked-out workmen, or persons
disturbances, riots or civil commotions
taking
1.2
any terrorist or any person acting from a political motive.
part
in
labour
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law
and practice, incurred to avoid or in connection with the avoidance of loss from a
risk covered under these clauses.
General
Average Clause
EXCLUSIONS
3. In no case shall this insurance cover
3.1
loss damage or expense attributable to wilful misconduct of the Assured
3.2
ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3
loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
3.3 "packing" shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
3.4
loss damage or expense caused by inherent vice or nature of the subjectmatter insured
3.5
loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable under
Clause 2 above)
3.6
loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the vessel
3.7
loss damage or expense arising from the absence shortage or withholding
of labour of any description whatsoever resulting from any strike, lockout,
labour disturbance, riot or civil commotion
3.8
any claim based upon loss of or frustration of the voyage or adventure
3.9
loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
3.10 loss damage or expense caused by war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or against
a belligerent power.(If owing to circumstances beyond the control of the
Assured either the contract of carriage is terminated at a port or place
other than the destination named therein or the transit is otherwise
terminated before delivery of the goods as provided for in Clause 5 above,
then this insurance shall also terminate unless prompt notice is given to
the Underwriters and continuation of cover is requested when the
insurance shall remain in force, subject to an additional premium if
required by the Underwriters, either
General
Exclusion
Clause
4. 4.1 In no case shall this insurance cover loss damage or expense arising
from
-
unseaworthiness of vessel or craft,
-
and unfitness of vessel craft conveyance container or liftvan for the safe
carriage of the subject-matter insured,
Unseaworthines
s and Unfitness
Exclusion
Clause
where the Assured or their servants are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded therein.
4.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subjectmatter insured to destination, unless the Assured or their servants are
privy to such unseaworthiness or unfitness
DURATION
5 5.1 This insurance attaches from the time the goods leave the warehouse
or place of storage at the place named herein for the commencement of
the transit, continues during the ordinary course of transit and terminates
either
Transit Clause
5.1.1 on delivery to the Consignees' or other final warehouse or place of
storage at the destination named herein,
5.1.2 on delivery to any other warehouse or place of storage, whether prior
to or at the destination named herein, which the Assured elect to use
either
5.1.2.1 for storage other than in the ordinary course of transit; or
5.1.2.2 for allocation or distribution, or
5.1.3.1 on the expiry of 60 days after completion of discharge overside
of the goods hereby insured from the oversea vessel at the final port of
discharge,
whichever shall first occur.
5.2 If, after discharge overside from the oversea vessel at the final port of
discharge, but prior to termination of this insurance, the goods are to be
forwarded to a destination other than that to which they are insured
hereunder, this insurance, whilst remaining subject to termination as
provided for above, shall not extend beyond the commencement of
transit to such other destination.
5.3 This insurance shall remain in force (subject to termination as provided
for above and to the provisions of Clause 6 below) during delay beyond
the control of the Assured, any deviation, forced discharge, reshipment
or transhipment and during any variation of the adventure arising from
the exercise of a liberty granted to shipowners or charterers under the
contract of affreightment.
6. If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a port or place other than the
destination named therein or the transit is otherwise terminated before
delivery of the goods as provided for in Clause 5 above, then this
insurance shall also terminate unless prompt notice is given to the
Underwriters and continuation of cover is requested when the insurance
shall remain in force, subject to an additional premium if required by the
Underwriters, either
Termination of
Contract of
Carriage Clause
6.1 until the goods are sold and delivered at such port or place, or, unless
Change of
otherwise specially agreed, until the expiry of 60 days after arrival of
the goods hereby insured at such port or place, whichever shall first
occur,
Voyage Clause
or
6.2 if the goods are forwarded within the said period of 60 days (or any
agreed extension thereof) to the destination named herein or to any
other destination, until terminated in accordance with the provisions of
Clause 5 above.
7.
Where, after attachment of this insurance, the destination is changed by
the Assured, held covered at a premium and on conditions to be
arranged subject to prompt notice being given to the Underwriters
CLAIMS
8 8.1 In order to recover under this insurance the Assured must have an
insurable interest in the subject-matter insured at the time of the loss.
Insurable
Interest Clause
8.2 Subject to 8.1 above, the Assured shall be entitled to recover for
insured loss occurring during the period covered by this insurance,
notwithstanding that the loss occurred before the contract of insurance
was concluded, unless the Assured were aware of the loss and the
Underwriters were not.
9. 9.1 If any Increased Value insurance is effected by the Assured on the
cargo insured herein the agreed value of the cargo shall be deemed to be
increased to the total amount insured under this insurance and all
Increased Value insurances covering the loss, and liability under this
insurance shall be in such proportion as the sum insured herein bears to
such total amount insured.
Increased Value
Clause
In the event of claim the Assured shall provide the Underwriters with evidence
of the amounts insured under all other insurances
9.2 Where this insurance is on Increased Value the following clause
shall apply:
The agreed value of the cargo shall be deemed to be equal to the total
amount insured under the primary insurance and all Increased Value
insurances covering the loss and effected on the cargo by the Assured, and
liability under this insurance shall be in such proportion as the sum insured
herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence
of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
Not to Inure
Clause
10. This insurance shall not inure to the benefit of the carrier or other bailee
MINIMISING LOSSES
11. It is the duty of the Assured and their servants and agents in respect of
loss recoverable hereunder.
11.1 to take such measures as may be reasonable for the purpose of averting or
minimising such loss, and
Duty of
Assured
Clause
11.2 to ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
12. Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter C insured shall not be considered
as a waiver or acceptance of abandonment or otherwise prejudice the rights of
either party.
AVOIDANCE OF DELAY
13 It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
Waiver
Clause
Reasonable
Despatch
Clause
LAW AND PRACTICE
14. This insurance is subject to English law and practice.
NOTE:- It is necessary for the Assured when they become aware of an event which
is "held covered" under this insurance to give prompt notice to the Underwriters and
the right to such cover is dependent upon compliance with this obligation.
CL.256 Sold by Witherby & Co. Ltd., London
English law
and Practice
Clause
CL 257 INSTITUTE WAR CLAUSES
(sendings by Post)
(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
Vl/82
CL 257
RISKS COVERED
Risk Clause
1. This insurance covers, except as provided in Clause 3 below, loss of or damage
to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat,
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
2 This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from a risk
covered under these clauses.
General
Average Clause
EXCLUSIONS
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
General
Exclusion
Clause
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
3.3 "packing" shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the subjectmatter insured
3.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable under
Clause 2 above)
3.6 any claim based upon loss of or frustration of the voyage or adventure
3.7 loss damage or expense arising from any hostile use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter.
DURATION
4
This insurance attaches only as the subject-matter insured and as to any part
as that part leaves the premises of the senders at the place named in the
insurance for the commencement of the transit and continues, but with the
exclusion of any period during which the subject-matter is in packers' premises,
until the subject-matter insured and as to any part as that part is delivered to the
address on the postal package(s) when this insurance shall terminate.
Transit Clause
5. Anything contained in this contract which is inconsistent with Clauses
3.6, 3.7 or 4 shall, to the extent of such inconsistency, be null and void.
CLAIMS
6.
6.1 In order to recover under this insurance the Assured must have an
insurable interest in the subject-matter insured at the time of the loss.
Insurable
Interest Clause
6.2 Subject to 6.1 above, the Assured shall be entitled to recover for insured
loss occurring during the period covered by this insurance, notwithstanding
that the loss occurred before the contract of insurance was concluded,
unless the Assured were aware of the loss and the Underwriters were not.
MINIMISING LOOSES
7. It is the duty of the Assured and their servants and agents in
recoverable hereunder
t respect
of loss
Duty of Assured
Clause
7.1 to take such measures as may be reasonable for the purpose of averting
or minimising such loss,
and
7.2 to ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunderreimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
8. Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter
c insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
Waiver Clause
AVOIDANCE OF DELAY
9.
It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
(LAW AND PRACTICE
10
This insurance is subject to English law and practice.
CL.257 Sold by Witherby & Co. Ltd., London
Reasonable
Despatch
Clause
English law and
Practice Clause
CL 258 INSTITUTE WAR CLAUSES (AIR CARGO)
(excluding sendings by Post)
(For use only with the new marine policy form)
1/1/82
CL 258
RISKS COVERED
1. This insurance covers, except as provided in Clause 2 below, loss of or
damage to the subject-matter insured caused by
Risk Clause
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
EXCLUSIONS
2.
In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the Assured
General
Exclusion
Clause
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 2.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter insured,
where the Assured or their servants are privy to such unfitness at the
time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default of
the owners managers charterers or operators of the aircraft
2.8 any claim based upon loss of or frustration of the voyage or adventure
2.9 loss damage or expense arising from any hostile use of any weapon of
war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
DURATION
3
3.1
This insurance
3.1.1 attaches only as the subject-matter insured and as to any part as
that part is loaded on the aircraft for the commencement of the air transit
insured
Transit Clause
and
3.1.2 terminates, subject to 3.2 and 3.3 below, either as the subject-matter
insured and as to any part as that part is discharged from the aircraft at
the final place of discharge
or on expiry of 15 days counting from midnight of the day of arrival of the
aircraft at the final place of discharge,
whichever shall first occur;
nevertheless,
subject to prompt notice to the Underwriters and to an additional premium,
such insurance
3.1.3 reattaches when, without having discharged the subject-matter insured
at the final place of discharge, the aircraft departs therefrom,
and
3.1.4 terminates, subject to 3.2 and 3.3 below, either as the subject-matter
insured and as to any part as that part is thereafter discharged from the
aircraft at the final (or substituted) place of discharge,
or
on expiry of 15 days counting from midnight of the day of re-arrival of the
aircraft at the final place of discharge or arrival of the aircraft at a
substituted place of discharge,
whichever shall first occur.
3.2 If during the insured transit the aircraft arrives at an intermediate place to
discharge the subject-matter insured for on-carriage by aircraft or oversea
vessel, then, subject to 3.3 below and to an additional premium if required,
this insurance continues until the expiry of 15 days counting from midnight of
the day of arrival of the aircraft at such place, but thereafter reattaches as
the subject-matter insured and as to any part as that part is loaded on an
on-carrying aircraft or oversea vessel. During the period of 15 days the
insurance remains in force after discharge only whilst the subject-matter
insured and as to any part as that part is at such intermediate place. If the
goods are on-carried within the said period of 15 days or if the insurance
reattaches as provided in this Clause 3.2
3.2.1
where the on-carriage is by aircraft this insurance continues
subject to the terms of these clauses,
3.2.2
where the on-carriage is by oversea vessel, the current
Institute War Clauses (Cargo) shall be deemed to form part
of this insurance and shall apply to the on-carriage by sea.
3.3 If the air transit in the contract of carriage is terminated at a place other than
the destination agreed therein, that place shall be deemed to be the final
place of discharge and such insurance terminates in accordance with 3.1.2.
If the subject-matter insured is subsequently consigned to the original or any
other destination, then, provided notice is given to the Underwriters before
the commencement of such further transit and subject to an additional
premium, such insurance re attaches
3.3.1 in the case of the subject-matter insured having been discharged, as the
subject-matter insured and as to any part as that part is loaded on the
on-carrying aircraft for the transit;
3.3.2 in the case -of the subject-matter insured not having been discharged,
when the aircraft departs from such deemed final place of discharge;
thereafter such insurance terminates in accordance with 3.1.4.
3.4 Subject to prompt notice to Underwriters, and to an additional
premium if required, this insurance shall remain in force within the
provisions of these Clauses during any deviation, or any variation of
the adventure arising from the exercise of a liberty panted to the air
carrier under the contract of carriage.
(For the purpose of Clause 3
"oversea vessel" shall be deemed to mean a vessel carrying the
subject-matter from one port or place to another where such voyage
involves a sea passage by that vessel)
4. Where, after attachment of this insurance, the destination is changed by
the Assured, held covered at a premium and on conditions to be
arranged subject to prompt notice being given to the Underwriters.
Change
of
Transit Clause
5 Anything contained in this contract which is inconsistent with Clauses 2.8,
2.9 or 3 shall, to the extent of such inconsistency, be null and void.
CLAIMS
6
6.1 In order to recover under this insurance the Assured must I have an
insurable interest in the subject-matter insured at ' the time of the loss.
Insurable
Interest Clause
6.2 Subject to 6.1 above, the Assured shall be entitled to recover for
insured loss occurring during the period covered by this insurance,
notwithstanding that the loss occurred before the contract of insurance
was concluded, unless the Assured were aware of the loss and the
Underwriters were not.
7. 7.1 If any Increased Value insurance is effected by the Assured on the
cargo insured herein the agreed value of the cargo shall be deemed to
be increased to the total amount insured under this insurance and all
Increased Value insurances covering the loss, and liability under this
insurance shall be in such proportion as the sum insured herein bears to
such total amount insured.
Increased Value
Clause
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
7.2 Where this insurance is on Increased Value the following clause
shall apply:
The agreed value of the cargo shall be deemed to be equal to the total
amount insured under the primary insurance and all Increased Value
insurances covering the loss and effected on the cargo by the Assured,
and liability under this insurance shall be in such proportion as the sum
insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
8. This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
Not to Inure
Clause
9. It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
Duty of Assured
Clause
9.1 to take such measures as may be reasonable for the purpose of averting
or minimising such loss,
and
9.2 to ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
10. Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
Waiver Clause
AVOIDANCE OF DELAY
11. It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
Reasonable
Despatch
Clause
LAW AND PRACTICE
12. This insurance is subject to English law and practice.
English law and
Practice Clause
NOTE:- It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to the
Underwriters and the right to such cover is dependent upon compliance with this
obligation.
CL.258 Sold by Witherby & Co. Ltd., London
CL 259 INSTITUTE CARGO CLAUSES (AIR)
(excluding sendings by Post)
(for use only with the new marine policy form)
RISKS COVERED
Risks Clause
1. This insurance covers all risks of loss of or damage to the subject-matter
insured except as provided in Clauses 2,3 and 4 below.
EXCLUSIONS
General
Exclusions
Clause
2. In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose
of this Clause 2.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior
to attachment of this insurance or by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft
conveyance container or liftvan for the safe carriage of the subjectmatter insurer, where the Assured or their servants are privy to such
unfitness at the time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though
the delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of 'the owners managers charterers or operators of the aircraft
2.8 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
3. In no case shall this insurance cover loss damage or expense caused by
War Exclusion
Clause
3.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
3.2 capture seizure arrest restraint or detainment (piracy excepted), and
the consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons of war.
Strikes Exclusion
Clause
4. In no case shall this insurance cover loss damage or expense
4.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
4.3 caused by any terrorist or any person acting from a political motive.
DURATION
Transit Clause
5.1 This insurance attaches from the time the subject-matter insured leaves
the warehouse, premises or place of storage at the place named herein
for the commencement of the transit, continues during the ordinary course
of transit and terminates either
5.1.1 on delivery to the Consignees' or other final warehouse, premises or
place of storage at the destination named herein,
5.1.2 on delivery to any other warehouse, premises or place of storage,
whether prior to or at the destination named herein, which the Assured
elect to use either
5.1.2.1 for storage other than in the ordinary course of transit or
5.1.2.2 for allocation or distribution, or
5.1.3 on the expiry of 30 days after unloading the subject-matter insured from
the aircraft at the final place of discharge, whichever shall first occur.
5.2 If, after unloading from the aircraft at the final place of discharge, but prior
to termination of this insurance, the subject-matter insured is forwarded to
a destination other than that to which it is insured hereunder, this
insurance, whilst remaining subject to termination as provided for above,
shall not extend beyond the commencement of transit to such other
destination.
Termination of
Contract of
Carriage
Clause
5.3 This insurance shall remain in force (subject to termination as provided for
above and to the provisions of Clause 6 below) during delay beyond the
control of the Assured, any deviation, forced discharge, reshipment or
transshipment and during any variation of the adventure arising from the
exercise of a liberty granted to the air carriers under the contract of
carriage.
6.
If owing to circumstances beyond the control of the Assured either the
contract of carriage is terminated at a place other than the destination named
therein or the transit is otherwise terminated before delivery of the subjectmatter insured as provided for in Clause 5 above, then this insurance shall
also terminate unless prompt notice is given to the Underwriters and
continuation of cover is requested when the insurance shall remain in force,
subject to an additional premium if required by the Underwriters, either
6.1
until the subject-matter is sold and delivered at such place or, unless
otherwise specially agreed, until the expiry of 30 days after arrival of the
subject-matter hereby insured at such place, whichever shall first occur,
or
Change of
Transit Clause
6.2
if the subject-matter is forwarded within the said period of 30 days (or any
agreed extension thereof) to the destination named herein or to any other
destination, until terminated in accordance with the provisions of Clause 5
above
Insurable Interest
Clause
7. Where, after attachment of this insurance, the destination is changed by the
Assured, held covered at a premium and on conditions to be arranged subject to
prompt notice being given to the Underwrit
CLAIMS
8.
Forwarding
Charges Clause
8.1 In order to recover under this insurance the Assured must have an
insurable interest in the subject-matter insured at the time of the loss
8.2 Subject to 8.1 above, the Assured shall be entitled to recover for insured
loss occurring during the period covered by this insurance, notwithstanding
that the loss occurred before the contract of insurance was concluded, unless
the Assured were aware of the loss and the Underwriters were not.
9. Where, as a result of the operation of a risk covered by this insurance, the
insured transit is terminated at a place other than that to which the subjectmatter is covered under this insurance, the Underwriters will reimburse the
Assured for any extra charges properly and reasonably incurred in unloading
storing and forwarding the subject-matter to the destination to which it is
insured hereunder.
Constructive
Total Loss
Clause
Increased Value
Clause
This Clause 9, which does not apply to general average or salvage charges,
shall be subject to the exclusions contained in Clauses 2, 3 and 4 above, and
shall not include charges arising from the fault negligence insolvency or
financial default of the Assured or their servants.
10. No claim for Constructive Total Loss shall be recoverable hereunder unless
the subject-matter insured is reasonably abandoned either on account of its
actual total loss appearing to be unavoidable or because the cost of
recovering, reconditioning and forwarding the subject-matter to the
destination to which it is insured would exceed its value on arrival.
11. 11.1 If any Increased Value insurance is effected by the Assured on the
cargo insured herein the agreed value of the cargo shall be deemed to be
increased to the total amount insured under this insurance and all Increased
Value insurances covering the loss, and liability under this insurance shall be
in such proportion as the sum insured herein bears to such total amount
insured.
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
11.2 Where this insurance is on Increased Value the following clause
shall apply:
The agreed value of the cargo shall be deemed to be equal to the total
amount insured under the primary insurance and all Increased Value
insurances covering the loss and effected on the cargo by the Assured, and
liability under this insurance shall be in such proportion as the sum insured
herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under al1 other insurances.
BENEFIT OF INSURANCE
Not to Insure
Clause
12. This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOOSES
Duty of
Assured
Clause
13. It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
13.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss,
and
13.2 to ensure that all rights against carriers, bailees or other third parties
are properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
14. Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable
Despatch
Clause
15. It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
LAW AND PRACTICE
16. This insurance is subject to English law and practice.
English Law
and Practice
Clause
NOTE:- It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to the
Underwriters and the right to such cover is dependent upon compliance with
this obligation.
CL 259 Sold by Witherby & Co. Ltd., London
CL 260 INSTITUTE STRIKES CLAUSES (AIR CARGO)
(FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
1/1/82
CL 260
RISKS COVERED
Risks Clause
1. This insurance covers, except as provided in Clause 2 below, loss of or
damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
1.2 any terrorist or any person acting from a political motive.
EXCLUSIONS
General
Exclusions
Clause
2. In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the
Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose
of this Clause 2.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior
to attachment of this insurance or by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft
conveyance container or liftvan for the safe carriage of the subjectmatter insured, where the Assured or their servants are privy to such
unfitness at the time the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even I
though the delay be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default
of the owners managers charterers or operators of the aircraft
2.8 loss damage or expense arising from the absence shortage or
withholding of labour of any description whatsoever resulting from
any strike, lockout, labour disturbance, riot or civil commotion
2.9 any claim based upon loss of or frustration of the voyage or
adventure
2.10 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter
2.11 loss damage or expense caused by war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or
against a belligerent power.
DURATION
Transit Clause
3
3.1 This insurance attaches from the time the subject-matter insured leaves
the warehouse, premises or place of storage at the place named herein for the
commencement of the transit, continues during the ordinary course of transit
and terminates either
3.1.1 on delivery to the Consignees' or other final warehouse, premises or
place of storage at the destination named herein
3.1.2 on delivery to any other warehouse, premises or place of storage,
whether prior to or at the destination named herein, which the Assured
elect to use either
3.1.2.1 for storage other than in the ordinary course of transit or
3.1.2.2 for allocation or distribution or
3.1.3 on the expiry of 30 days after unloading the subject-matter insured from
the aircraft at the final place of discharge,
whichever shall first occur.
3.2 If, after unloading from the aircraft at the final place of discharge, but prior
to termination of this insurance, the subject-matter insured is forwarded to a
destination other than that to which it is insured hereunder, this insurance,
whilst remaining subject to termination as provided for above, shall not extend
beyond the commencement of transit to such other destination.
Termination of
Contract of
carriage Clause
3.3 This insurance shall remain in force (subject to termination as provided for
above and to the provisions of Clause 4 below) during delay beyond the
control of the Assured, any deviation, forced discharge, reshipment or
transhipment and during any variation of the adventure arising from the
exercise of a liberty granted to the air carriers under the contract of carriage.
4. If owing to circumstances beyond the control of the Assured either the contract
of carriage is terminated at a place other than the destination named therein or
the transit is otherwise terminated before delivery of the subject-matter insured
as provided for in Clause 3 above, then this insurance shall also terminate
unless prompt notice is given to the Underwriters and continuation of cover is
requested when the insurance shall remain in force, subject to an additional
premium if required by the Underwriters, either
4.1 until the subject-matter is sold and delivered at such place or, unless
otherwise specially agreed, until the expiry of 30 days after arrival of the
subject-matter hereby insured at such place, whichever shall first occur,
4.2 if the subject-matter is forwarded within the said period of 30 days (or any
agreed extension thereof) to the destination named herein or to any other
destination, until terminated in accordance with the provisions of Clause 3
above
Change of
transit Clause
5. Where, after attachment of this insurance, the destination is changed by the
Assured, held covered at a premium and on conditions to be arranged subject
to prompt notice being given to the Underwriters.
.
CLAIMS
Insurable interest
Clause
6 6.1 In order to recover under this insurance the Assured must have an
insurable interest in the subject-matter insured at the time of the loss.
Subject to 6.1 above, the Assured shall be entitled to recover for insured
loss occurring during the period covered by this insurance, notwithstanding
that the loss occurred before the contract of insurance was concluded,
unless the Assured were aware of the loss and the Underwriters were not.
Increased value
Clause
7. 7.1 If any Increased Value insurance is effected by the Assured on the
cargo insured herein the agreed value of the cargo shall be deemed to be
increased to the total amount insured under this insurance and all
Increased Value insurances covering the loss, and liability under this
insurance shall be in such proportion as the sum insured herein bears to
such total amount insured.4.2 if the subject-matter is forwarded within the
said period of 30 days (or any agreed extension thereof) to the destination
named herein or to any other destination, until terminated in accordance
with the provisions of Clause 3 above and the Underwriters will, in addition
to any loss recoverable hereunder, reimburse the Assured for any charges
properly and reasonably incurred in pursuance of these duties.
7.2 Where this insurance is on Increased Value the following clause
shall apply:
The agreed value of the cargo shall be deemed to be equal to the total
amount insured under the primary insurance and all Increased Value
insurances covering the loss and effected on the cargo by the Assured,
and liability under this insurance shall be in such proportion as the sum
insured herein bears to such total amount insured.
Not to Inure
Clause
In the event of claim the Assured shall provide the Underwriters with
evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
8. This insurance shall not inure to the benefit of the carrier or other bailee
Duty of Assured
Clause
MINIMISING LOSSES
9. It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
9.1 to take such measures as may be reasonable for the purpose of
averting or minimising such loss, and
9.2 to ensure that all rights against carriers, bailees or other third parties
are properly preserved and exercised
Waiver Clause
and the Underwriters will, in addition to any loss recoverable hereunder,
reimburse the Assured for any charges properly and reasonably incurred in
pursuance of these duties.
10. Measures taken by the Assured or the Underwriters with the y object of
saving, protecting or recovering the subject-matter ^ insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
AVOIDANCE OF DELAY
Reasonable
Despatch
Clause
11 It is a condition of this insurance that the Assured shall act with l reasonable
despatch in all circumstances within their control.
LAW AND PRACTICE
English Law
and Practice
Clause
12. This insurance is subject to English law and practice. I
NOTE:- It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to the
Underwriters and the right to such cover is dependent upon compliance with this
obligation.
CL.260 Sold by Witherby & Co. Ltd., London
CL 161 INSTITUTE REPLACEMENT CLAUSE
In the event of loss of or damage to any part or parts of an insured machine caused by a peril
covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such
part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full
duty is included in the amount insured, in which case loss, if any, sustained by payment of additional
duty shall also be recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured value of the
complete machine.
CL.161 1/1/34
Sold by Witherby & Co. Ltd., London
No Policy or other Contract dated on or after 1st Jan., 1924, will be recognised by the Committee of
Lloyd's as entitling the holder to the benefit of the Funds and/or Guarantees lodged by the Underwriters of
the Policy or Contract as security for their liabilities unless it bears at foot the Seal of Lloyd's Policy
Signing Office.
ACV 1 LLOYD'S AIR CUSHION VEHICLE POLICY (HULL)
(Subscribed only by Underwriting Members of Lloyd's all of whom have-complied with the requirements of
the Insurance Companies Act, 1958,as to security and otherwise)
Whereas the Assured named in the Schedule herein (hereinafter called "the Assured") has paid the
premium specified in the Schedule to the Underwriting Members of Lloyd's who have hereunto
subscribed their Names (hereinafter called "the Underwriters"),
Now We the Underwriters agree to insure the Air Cushion Vehicle described in the Schedule (hereinafter
called "the A.C.V.") against accidental loss or damage, as hereinafter defined, occurring during the Period
of Insurance stated in the Schedule.
LOSS OF OR DAMAGE TO A.C.V.
The Underwriters agree to pay for or make good accidental loss of or damage to the A.C.V. (including (i)
component parts thereof whilst detached from the A.C.V. and not replaced by similar parts; (ii) substituted
parts whilst installed in the A.C.V.) whilst the A.C.V. is:—
(a) or the GROUND or on the WATER, including movement, mooring, launching, hauling up, engine
running, and whilst being worked upon;
(b) in HOVER
but Underwriters shall not be liable to pay for or make good any loss or damage which is due and
confined to wear and tear, deterioration, defects, failures and mechanical or electrical breakdowns but
this exclusion does not apply to claims for the loss of or further damage to the A.C.V. resulting from such
wear and tear, deterioration, defects, failures and mechanical or electrical breakdowns. Notwithstanding
the foregoing, any power unit shall be regarded as one complete unit and shall be deemed to consist of
the engine and ancillaries necessary for its operation as a power unit and claims for loss of or damage to
any such power unit shall not be recoverable under this Policy when resulting from wear and tear,
deterioration, defects, failures and mechanical or electrical breakdowns within such power unit.
The cover under this Policy shall not include loss of or damage to the A.C.V. due to: —
i)
theft, burglary and larceny if such loss or damage was caused by a servant, agent or person under
the control of the Assured;
ii) strikes, lock-outs, labour disturbances, riots or civil commotions.
In the event of any claim hereunder, other than for total or constructive total loss of the A.C.V., the
Assured shall bear the amount shown in
i)
column 6 of the Schedule whilst the A.C.V. is in hover, or
ii) column 5 of the Schedule whilst the A.C.V. is not in hover for each and every accident in respect of
each A.C.V. described in the Schedule.
Warranted that these deductibles will remain uninsured.
Unless the Policy otherwise provides the provisions of the Marine Insurance Act 1906 and any statutory
modification thereof shall apply to and be deemed to be incorporated in this Policy and such provisions
shall be deemed to apply to air cushion vehicles.
A.C.V.1 (14.4.67)
Limit of Liability
The liability of the Underwriters shall not exceed the value shown in column 4 of the Schedule in respect
of any one event plus expenses as hereinafter provided in the Sue and Labour Clause.
Sue and Labour Clause
The Underwriters will contribute in the proportions as hereinafter defined to sue and labour expenses
incurred for the purpose of averting or diminishing any loss covered by this Policy.
The liability of the Underwriters under this Policy in respect of sue and labour expenses shall not exceed
the proportion of such expenses that the amount insured hereunder bears to the value of the A.C.V. as
stated herein, or to the sound value of the A.C.V. at the time of the occurrence giving rise to the
expenditure if the sound value exceeds that value. Where Underwriters have admitted a claim for total
loss and property insured by this Policy is saved, the foregoing provisions shall not apply unless the
expenses of suing and labouring exceed the value of such property saved and then shall apply only to the
amount of the expenses which is in excess of such value.
Where a claim for total loss of the A.C.V. is admitted under this Policy and expenses have been
reasonably incurred in salving or attempting to salve the A.C.V. and other property and there are no
proceeds, or the expenses exceed the proceeds, then this Policy shall bear its pro rata share of such
proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred in respect of the A.C.V. but if the A.C.V. be insured for
less than its sound value at the time of the occurrence giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the under-insurance.
Notwithstanding the above the liability of the Underwriters under this clause shall not exceed 25% of the
value shown in column 4 of the Schedule in respect of any one event.
GENERAL EXCLUSIONS
The Underwriters shall not be liable under this Policy in respect of any loss,
damage or expense:Illegal Uses
1.
Whilst the A.C.V. is being used for any illegal purpose, or for any purpose or
purposes other than those stated in the Schedule or whilst outride the
geographical limits named therein unless due to force majeure.
Nevertheless the Underwriters agree to hold covered the risks insured by
this Policy in the event of the A.C.V. undertaking towage or salvage services
under a contract previously arranged by the Owners and/or Managers
and/or Hirers of the A.C.V. provided immediate notice be given to the
Underwriters and any additional premium required be paid.
Drivers
2.
Whilst the A.C.V. is being operated by any Driver other than as stated in the
Schedule.
Transportation by
other conveyance
3.
Whilst the A.C.V. is being transported by any means of conveyance but
the Underwriters agree to continue to cover the risks insured by this Policy,
subject to the deductible in column 5 of the Schedule, during such
transportation:-
(i)
Abnormal Usage
Non-Contribution
provided prior noticehas been given to the Anderwriters and
additional premium, if any, has been paid;
(ii) when the transportation results from an accident giving rise to a
claim under this Policy.
4.
Arising out of or directly or indirectly connected with racing, record
attempts, speed trials, or any other operations involving abnormal
hazards.
5.
Which at the time of the event giving rise to such loss, damage or
expense, is insured by or would, but for the existence of this Policy, be
insured by any other Policy or Policies except in respect of any excess
beyond the amount which would have been payable under such other
Policy or Policies had this Insurance not been effected.
War Risks
Radioactive
Contamination
Certificate of
Construction
6. Directly or indirectly occasioned by, happening through or in
consequence of war, invasion, acts of foreign enemies, hostilities
(whether war be declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, nationalisation or
requisition or destruction of or damage to property by or under the order
of any government or public or local authority, or piracy.
7. Directly or indirectly caused by or contributed to by or arising from
ionising radiations or contamination by radioactivity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear fuel.
8. Whilst the A.C.V. is being operated outside the limitations imposed by
the Certificate of Construction and Performance unless due to force
majeure or covered by special endorsement hereon
WARRANTIES
WARRANTED THAT:-
Additional
Insurances
Classification
1.
No additional Insurance on any hull interests on or in relation to any
A.C.V. described in the Schedule, covering loss or damage insured by
this Policy, with the knowledge of the Assured has been or shall be
effected to operate during the currency of this Policy by or for account
of the Assured, Owners, Managers, Mortgagees or Hirers excepting
additional Insurance on terms and conditions identical with those
contained in this Policy.
2.
At the commencement of each hovering manoeuvre the A.C.V. shall be
to the best of the Assured's knowledge and belief in every way fit to
hover and that there shall be in force a Certificate of Construction and
Performance issued or approved by the British Air Registration Board,
or Lloyd's Register of Shipping or any other appropriate authority
approved by the Underwriters.
GENERAL CONDITIONS
Due Diligence
Claims Procedure
Claims Control
Log Books
Arbitration
Variation in Risks
1. The Assured shall at all times take reasonable steps to ensure the
safety of the A.C.V.
2. In the event of any accident or occurrence which gives rise, or which
may give rise to a claim under this Policy, the Assured shall comply with
the "Instructions in case of Accident" hereinafter contained.
3. The Underwriters shall be entitled at any time and for so long as they
desire to take absolute control of all negotiations and proceedings and
in the name of the Assured to settle or defend or prosecute any claim.
4. All requisite log books shall be kept properly completed and up to date
and shall be available for production to the Underwriters.
5. If any dispute or difference shall arise between the Assured and the
Underwriters in connection with this Insurance such difference or
dispute shall be submitted to Arbitration in London in accordance with
the statutory provision for Arbitration for the time being in force.
6. Should there be any material change in the circumstances or nature of
the risks in respect of this Insurance the Assured shall give immediate
notice thereof to the Underwriters and no claim arising subsequent to
such change shall be recoverable hereunder unless such change has
been accepted by the Underwriters.
Assignment
Sale or Transfer
Unrepaired Damage
Valuation
7. This Policy shall not be assigned in whole or in part except with the
consent of the Underwriters verified by endorsement hereon.
8. If the A.C.V. is sold or transferred to new management then unless the
Underwriters agree in writing to continue the insurance this Policy shall
become cancelled from the time of sale or transfer, unless the A.C.V.
has cargo or passengers on board and has already departed from her
place of loading or is operating without cargo or passengers, in either of
which cases such cancellation shall, if required, be suspended until
arrival at final place of discharge if with cargo or passengers, or at
destination if without cargo or passengers. A pro rata daily return of
premium shall be made unless such sale or transfer follows a payment
on the basis of a total loss of the A.C.V. on this Policy.
9. In no case shall the Underwriters be liable for unrepaired damage in
addition to a total loss sustained during the period covered by this
Policy.
10. In ascertaining whether the A.C.V. is a constructive total loss the
insured value shall be taken as the repaired value and nothing in
respect of the damaged or break-up value of the A.C.V. or wreck shall
be taken into account.
False and
Fraudulent Claims
No claim for constructive total loss based upon the cost of recovery
and/or repair of the A.C.V. shall be recoverable hereunder unless such
cost would exceed the insured value. In the event of total or
constructive total loss no claim to be made by the Underwriters for
freight whether notice of abandonment has been given or not.
11. If the Assured shall make any claim knowing the same to be false or
fraudulent, as regards amount or otherwise, this Policy shall become
void and all claim hereunder shall be forfeited.
12. If the Assured shall make any claim knowing the same to be false or
fraudulent, as regards amount or otherwise, this Policy shall become void
and all claim hereunder shall be forfeited.
Legal
Requirements
Waiver Clause
13. The Assured shall take all reasonable steps to see that all applicable
Marine, Air and/or Road Traffic Acts or Regulations and Directions from
time to time in force are complied with.
14. No acts of the Assured or the Underwriters in recovering, saving or
preserving the A.C.V. shall be considered as a waiver or acceptance of
abandonment.
SPECIAL CONDITIONS
Towage and
Pilotage
General Average
1. The A.C.V. is covered subject to the provisions of this Policy at all times
and has leave to sail or navigate with or without pilots, to go on trial trips
and to assist vessels or craft in distress excluding towage by the A.C.V. in
any circumstances, but it is warranted that the A.C.V. shall not be towed,
except as is customary or when in need of assistance.
2. General Average and salvage to be adjusted according to the law and
practice obtaining at the place where the adventure ends, as if the contract
of affreightment contained no special terms upon the subject; but where
the contract of affreightment so provides the adjustment shall be according
to York-Antwerp Rules.
THE DUE OBSERVANCE AND FULFILLMENT OF THE TERMS AND
CONDITIONS OF THIS POLICY SHALL BE CONDITIONS PRECEDENT TO
ANY LIABILITY OF THE UNDERWRITERS TO MAKE ANY PAYMENT
UNDER THIS POLICY.
Ingestion Clause
Applicable to multi-engined A.C.V.
It is agreed that, subject to the terms and conditions of this Policy, claims for damage to the A.C.V. by
ingestion are only recoverable hereunder if attributable to a single recorded incident; loss of or damage to
each power unit shall be deemed to be a separate claim and in the event of loss of or damage to two (2)
or more power units by ingestion, a maximum of twice the applicable excess amount as stated in this
Policy will be borne by the Assured in respect of each incident.
In the event of further damage to the A.C.V. resulting from such ingestion damage, the Assured shall be
required to bear ONLY ONE excess in respect of the occurrence.
Ingestion damage by stones, grit, dust, sand, water, ice and the like which progressively results in
damage to the power unit shall be regarded as wear and tear or depreciation and as such is not covered
under this Policy.
Ingestion Clause
Applicable to single-engined A.C.V.
It is agreed that, subject to the terms and conditions of this Policy, claims for damage to the A.C.V. by
ingestion are only recoverable hereunder if attributable to a single recorded incident.
Ingestion damage by stones, grit, dust, sand, water, ice and the like which progressively results in
damage to the power unit shall be regarded as wear and tear or depreciation and as such is not covered
under this Policy.
Now know ye that We the Underwriters, Members of the Syndicates whose definitive numbers in the
after-mentioned List of Underwriting Members of Lloyd's are set out in the attached Table, hereby bind
ourselves each for his own part and not one for another, our Heirs, Executors and Administrators, and in
respect of his due proportion only, to pay 5or or make good to the Assured or the Assured's Executors
and Administrators all such Loss, Damage or Expense as aforesaid subject always to the terms,
conditions and limitations contained herein or endorsed hereon or attached hereto and the due proportion
for which each of us, the Underwriters, is liable shall be ascertained by reference to his share, as shown
in the said List, of the Amount, Percentage or Proportion of the Total Sum Insured hereunder which is in
the Table set opposite the definitive number of the Syndicate of which such Underwriter is a Member
AND FURTHER THAT the List of Underwriting Members of Lloyd's referred to above shows their
respective Syndicates and Shares therein, is deemed to be incorporated in and to form part of this Policy,
bears the number specified in the attached Table and is available for Inspection at Lloyd's Policy Signing
Office by the Assured or his or their representatives and a true copy of the material parts of the said List
certified by the General Manager of Lloyd's Policy Signing Office will be furnished to the Assured on
application.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has subscribed his name on
behalf of each of us.
LLOYD'S POLICY SIGNING OFFICE,
GENERAL MANAGER
SCHEDULE
The Policy No.
The name and address of the Assured
The Premium
The period of Insurance
from
Make, Type
and Series
Number
to
Year of
Constructio
n
Identification
Marks
Insured
Value
Ground, etc.
Deductible
Hover
Deductibl
e
Driver(s)
Purpose for which the A.C.V. will be used.
Geographical Limits.
Dated in London, the
Instructions in Case of Accident
(1) In the event of any accident or occurrence which gives rise, or may give rise, to a claim under this
Policy, immediate notice shall be given thereof to the Underwriters through their authorised agents, giving
details of the accident or occurrence. The most important points to include in the first report are as
follows:—
a) The cause of the accident.
b) The approximate extent of the damage.
c)
The position of the A.C.V.
d) Recommendations with regard to salvage or repairs or the safety of the A.C.V.
e) Telephone number or telegraphic address at which the person in charge of the A.C.V. can be
contacted.
(2) In the event of the A.C.V. being damaged through any cause covered by this Policy the Assured shall
take all reasonable steps to prevent any increase or aggravation of the damage or its consequences and
may, subject to any statutory regulations, take immediate steps for the collection and repair of the A.C.V.
by a repairer approved by the Underwriters. Dismantling or minor repairs may be proceeded with
immediately subject to a prior estimate being forwarded to the Underwriters, but major repairs shall not be
proceeded with until the estimate has been submitted to and approved by the Underwriters.
(3) In all cases the Assured shall complete and forward the appropriate claims form and thereafter shall
supply to the Underwriters on request all such other documents or evidence as may be reasonably
required by the Underwriters for the investigation or defence of any claim.
(4) For the purposes of these instructions, the "authorised agents" of the Underwriters shall be
and notice to such agents shall be the equivalent of notice to the Underwriters.
ACV 1 14.4.67
ACV 2 LAYING-UP RETURNS CLAUSE
Should the A.C.V. be laid up ashore (otherwise than as a result of an accident giving rise to a claim
hereunder or for normal maintenance purposes) for a period of 30 or more consecutive days a return of
premium will be allowed at expiry of this Insurance calculated at pro rata of:—
a) 40% of the annual premium if under repair or
b) 60% of the annual premium if not under repair
for the period of lay-up, subject to
i)
prior advice to the Underwriters at both commencement and termination of the lay-up period
and
ii)
the A.C.V. not becoming a total or constructive total loss during the currency of this Policy.
WARRANTED no engine running for hover purposes.
Subject otherwise to the terms, conditions and limitations of this Policy.
A.C.V. 2 14.4.67
No Policy or other Contract dated on or after 1st Jan., 1924, will be recognised by the Committee of
Lloyd's as entitling the holder to the benefit of the Funds and/or Guarantees lodged by the Underwriters of
the Policy or Contract as security for their liabilities unless it bears at foot the Seal of Lloyd's Policy
Signing Office.
ACV 3 LLOYD'S AIR CUSHION VEHICLE POLICY (LIABILITIES)
(Subscribed only by Underwriting Members of Lloyd's all of whom have complied with the requirements of
the Insurance Companies Act, 1958, as to security and otherwise.)
Whereas the Assured named in the Schedule herein (hereinafter called "the Assured") has paid the
premium(s) specified in the Schedule to the Underwriting Members of Lloyd's who have hereunto
subscribed their Names (hereinafter called "the Underwriters"),
Now We the Underwriters agree 1o indemnify the Assured for all sums which the Assured shall become
legally liable to pay and shall pay in respect of accidents occurring during the period of this Insurance
arising out of the operation of the Air Cushion Vehicle(s) described in the Schedule (hereinafter called
"the A.C.V.") as follows:—
SECTION I—THIRD PARTY LIABILITY (including Removal of Wreck)
The Underwriters will indemnify the Assured for all sums which the Assured shall become legally liable to
pay, and shall pay, as damages, including claimants' costs awarded, arising from accidental bodily injury
(fatal or non-fatal) or accidental physical damage to property provided such injury or damage is caused
directly by the A.C.V.
The Underwriters will also indemnify the Assured for the costs and expenses of or incidental to the
raising, removal, destruction, lighting or marking of the wreck of the A.C.V., when such raising, removal,
destruction, lighting or marking is compulsory by law, or the costs or expenses thereof are legally
recoverable from the Assured PROVIDED ALWAYS that:(a)
the value of all stores and materials saved, as well as of the wreck itself, shall first be deducted from
such costs and expenses, and only the balance thereof, if any, shall be recoverable from the
Underwriters, and
(b)
nothing shall be recoverable from the Underwriters under this paragraph if the Assured shall, without
the consent of the Underwriters in writing, have transferred his interest in the wreck, otherwise than
by abandonment, prior to the raising, removal, destruction, lighting or marking of the wreck.
The liability of the Underwriters under this Section shall not exceed the applicable amount stated in the
Schedule. The Underwriters will in addition pay their proportion of any costs incurred with their written
consent in defending any action which may be brought against the Assured in respect of any claim arising
under this Section, but should the amount paid to dispose of such claim exceed the sum insured
hereunder then the liability of the Underwriters in respect of the said costs shall be limited to that
proportion of the said costs which the sum insured hereunder bears to the amount paid to dispose of the
claim.
Exceptions
1. The cover under this Section shall not extend to indemnify the Assured in respect of injury (fatal or nonfatal), damage or loss caused to or sustained by:—
(a)
Any sub-contractor of or member of the household or family of the Assured.
(b)
Any person in the service of or acting on behalf of the Assured or of any subcontractor or of any
member of the household or family of the Assured whilst engaged in his duties as such.
(c)
Any passenger whilst entering into, being carried by or alighting from the A.C.V.
(d)
Any driver or member of the crew of the A.C.V. or any person working in, on, or a bout the A.C.V.
2. The indemnity hereunder shall not extend to any property or animals belonging to or in the custody or
control of the Assured, his servants or agents.
SECTION II—PASSENGER LEGAL LIABILITY
The Underwriters will indemnify the Assured for all sums which the Assured shall become legally liable to
pay, and shall pay, as damages including claimants' costs awarded arising from:—
i)
Accidental bodily injury (fatal, or non-fatal) to passengers whilst entering into, being carried by or
alighting from the A.C.V.
ii)
Loss of or damage to passengers' baggage subject to the Assured bearing the first £25 of such
loss or damage (or equivalent in other currencies) in respect of each person and thereafter
Underwriters' liability hereunder being limited to a maximum of £250 (or equivalent in other
currencies) in respect of each person.
PROVIDED ALWAYS that each passenger carried in any A.C.V. insured hereunder operating for hire or
reward shall be carried subject to the terms of the ticket which shall be issued by the Assured to the
passenger before the commencement of the journey and that such ticket shall have printed in a
conspicuous manner a condition that the Assured will not be liable for any personal injury or loss of or
damage to passengers' baggage howsoever caused insofar as such condition is not contrary to law or to
any international agreement.
The liability of the Underwriters under this Section shall not exceed the applicable amount stated in the
Schedule. The Underwriters will in addition pay their proportion of any costs incurred with their written
consent in defending any action which may be brought against the Assured in respect of any claim arising
under this Section, but should the amount paid to dispose of such claim exceed the sum insured
hereunder then the liability of the Underwriters in respect of the said costs shall be limited to that
proportion of the said costs which the sum insured hereunder bears to the amount paid to dispose of the
claim.
Exceptions
The cover under this Section shall not extend to indemnify the Assured in respect of injury (fatal or nonfatal), damage or loss caused to or sustained by:—
(a)
Any sub-contractor of or member of the household or family of the Assured.
(b)
Any person in the service of or acting on behalf of the Assured or of any subcontractor or of any
member of the household or family of the Assured whilst engaged in his duties as such.
(c)
Any driver or member of the crew of the A.C.V. or any person working in, on, or about the A.C.V.
SECTION III—CARGO LEGAL LIABILITY
The Underwriters will indemnify the Assured in respect of all sums which the Assured shall become
legally liable to pay, and shall pay, as compensation including claimants' costs awarded against the
Assured for physical loss of or damage to cargo from any external cause but only whilst in the course of
carriage by the Assured subject to the Assured bearing the first £10 (or equivalent in other currencies) in
respect of each and every claim.
The liability of the Underwriters under this Section shall not exceed the applicable amount stated in the
Schedule. The Underwriters will in addition pay their proportion of any costs incurred with their written
consent in defending any action which may be brought against the Assured in respect of any claim arising
under this Section, but should the amount paid to dispose of such claim exceed the sum insured
hereunder then the liability of the Underwriters in respect of the said costs shall be limited to that
proportion of the said costs which the sum insured hereunder bears to the amount paid to dispose of the
claim.
It is understood and agreed that the Assured shall take all reasonable precautions to ensure that all cargo
shall be carried subject to the form of Consignment Note for the time being in use.
Exception
The cover under this Section shall not extend to indemnify the Assured in respect of loss of or damage to
passengers' baggage.
GENERAL EXCLUSIONS
The Underwriters shall not indemnify the Assured under this Policy in respect of any
liability:Illegal Uses
Transportation by
other conveyance
Abnormal Usage
Non-Contribution
Contractual
Liability
War Risks
Strikes, Riots and
Civil Commotions
Radioactive
Contamination
Noise and/or
Vibration
Certificate of
Construction
Road Traffic Act
(1) Arising whilst the A.C.V. is being used with the knowledge and consent of the
Assured for any illegal purpose, or for any purpose or purposes other than those
stated in the Schedule or whilst outside the geographical limits named therein unless
due to force majeure.
(2) Arising whilst the A.C.V. is being transported by any means of conveyance
except where prior notice has been given to Underwriters and additional
premium, if any, has been paid.
(3) Arising out of or directly or indirectly connected with racing, record attempts,
speed trials, or any other operations involving abnormal hazards.
4) Which at the time of the event giving rise to such liability is insured by or would,
but for the existence of this Policy, be insured by any other Policy or Policies except
in respect of any excess beyond the amount which would have been payable under
such other Policy or Policies had this Insurance not been effected.
5)
Arising from liability assumed or rights waived by the Assured by agreement
unless such liability would have attached to the Assured in the absence of such
agreement.
(6) Directly or indirectly occasioned by, happening through or in consequence of war,
invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil
war, rebellion, revolution, insurrection, military or usurped power or confiscation or
nationalisation or requisition or destruction of or damage to property by or under the
order of any government or public or local authority, or piracy.
(7) Directly or indirectly occasioned by, happening through, or in consequence of
strikes, lock-outs, labour disturbances, riots or civil commotions.
(8) Directly or indirectly caused by or contributed to by or arising from ionising
radiations or contamination by radioactivity from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel.
(9) Directly or indirectly caused by or contributed to by or arising from noise and/or
vibration emanating from the A.C.V.
10) Arising whilst the A.C.V. is being operated outside the limitations imposed by the
Certificate of Construction and Performance unless due to force majeure or covered
by special endorsement hereon.
(11)
For which insurance is required by the Road Traffic Acts applicable in the
United Kingdom or similar legislation applicable elsewhere.
WARRANTY
Classification
Warranted that at the commencement of each hovering manoeuvre the
A.C.V, shall be to the best of the Assured's knowledge and belief in
every way fit to hover and that there shall be in force a Certificate of
Construction and Performance issued or approved by the British Air
Registration Board, or Lloyd's Register of Shipping or any other
appropriate authority approved by the Underwriters
GENERAL CONDITIONS
Due Diligence
(1) The Assured shall use due diligence and do and concur in doing
everything reasonably practicable to avoid or diminish any loss hereon.
Claims Procedure
(2) Immediate notice of any event likely to give rise to a claim under this
Policy shall be given to the person(s) or firm named for this purpose in the
Schedule to whom the Assured shall furnish full particulars in writing of such
event and shall forward immediately notice of any claim and any letters or
documents relating thereto and shall give notice of any impending
prosecution. The Assured shall render such further information and
assistance as the Underwriters may reasonably require and shall not act in
any way to the detriment or prejudice of the interests of the Underwriters.
Claims Control
(3) The Underwriters shall be entitled at any time and for so long as they
desire to take absolute control of all negotiations and proceedings and in
the name of the Assured to settle or defend or prosecute any claim.
Log Books
All requisite log books shall be kept properly completed and up to date and
shall be available for production to the Underwriters.
Arbitration
Variation in Risks
(5) If any dispute or difference shall arise between the Assured and the
Underwriters in connection with this Insurance such difference or dispute
shall be submitted to Arbitration in London in accordance with the statutory
provision for Arbitration for the time being in force.
(6) Should there be any material change in the circumstances or nature of
the risks in respect of this Insurance the Assured shall give immediate
notice thereof to the Underwriters and no claim arising subsequent to such
change shall be recoverable hereunder unless such change has been
accepted by the Underwriters
Assignment
(7) This Policy shall not be assigned in whole or in part except with the
consent of the Underwriters verified by endorsement hereon.
Sale of Transfer
(8) If the A.C.V. is sold or transferred to new management then unless the
Underwriters agree in writing to continue the insurance this Policy shall become
cancelled from the time of sale or transfer, unless the A.C.V. has cargo or
passengers on board and has already departed from her place of loading or is
operating without cargo or passengers, in either of which cases such cancellation
shall, if required, be suspended until arrival at final place of discharge if with cargo
or passengers, or at destination if without cargo or passengers.
False and
Fraudulent
Claims
(9) If the Assured shall make any claim knowing the same to be false or fraudulent,
as regards amount or otherwise, this Policy shall become void and all claim
hereunder shall be forfeited.
Legal
Requirements
(10) The Assured shall take all reasonable steps to see that all applicable Marine,
Air and/or Road Traffic Acts or Regulations and Directions from time to time in force
are complied with.
Maximum
Number of Pax
(11) The maximum number of passengers carried by the A.C.V. at any one time
shall not exceed the number stated in the Schedule.
THE DUE OBSERVANCE AND FULFILMENT OF THE TERMS AND CONDITIONS OF THIS POLICY
SHALL BE CONDITIONS PRECEDENT TO ANY LIABILITY OF THE UNDERWRITERS TO MAKE ANY
PAYMENT UNDER THIS POLICY.
Now know Ye that We the Underwriters, Members of the Syndicates whose definitive numbers in the
after-mentioned List of Underwriting Members of Lloyd's arc set out in the attached Table, hereby bind
ourselves each for his own part and not one for another, oar Heirs, Executors and Administrators, and in
respect of his due proportion only, to insure the Assured or the Assureds' Executors or Administrators
against Liabilities and Costs as specified herein, subject always to the terms, conditions and limitations
contained herein or endorsed hereon or attached hereto, and the due proportion for which each of us, the
Underwriters, is liable shall be ascertained by reference to his share, as shown in the said List, of the
Amount, Percentage or Proportion of the Total Liability Insured hereunder which is in the Table set
opposite the definitive number of the Syndicate of which such Underwriter is a Member AND FURTHER
THAT the List of Underwriting Members of Lloyd's referred to above shows their respective Syndicates
and Snares therein, is deemed to be incorporated in and to form part of this Policy, bears the n amber
specified in the attached Table and is available for inspection at Lloyd's Policy Signing Office by the
Assured or his or their representatives and a true copy of the material parts of the said List certified by the
General Manager of Lloyd's Policy Signing Office will be furnished to the Assured on application.
In witness thereof the GM of Lloyds Policy Signing Office has subscribed his name on behalf of each of
us.
LLOYDS POLICY SIGNING OFFICE
GENERAL MANAGER
SCHEDULE
Policy Number
Name and address of the Assured
Period of Insurance
from
to
Premium
Section I— Third Party Liability
.................................
Section II — Passenger Legal Liability .................................
Section III — Cargo Legal Liability ..................................
Total
Limits of Underwriters Liability
Section I— Third Party Liability ......................... any one accident or series of accidents
arising out of one event,
Section II — Passenger Legal ...............................
any one person
Liability
(including a limit of £250 per
any one accident or series of accidents
person in respect of baggage) ................................
arising out of one event,
Section III — Cargo Legal
Make, Type and Series
Number
........................................ any one accident or series of accidents
arising out of one event,
Identification marks
Declared Maximum number of
passengers to be carried at any one
time
Driver(s) ......................................................................................................................................
Purpose for which the A.C.V. will be used.....................................................................................
Geographical Limits........................................................................................................................
.........................................................................................................................................................
Notification of Claims to:-...............................................................................................................
(See General Condition No. (2))
Dated in London, the
ACV 3 (16.4.68)
NMA 785 FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B
Valid only for use with Personal Accident or Illness Policies covering U.K. residents
(Approved by Lloyd's Underwriters' Non-Marine Association)
It is hereby agreed that the Limited War Exclusion Clause contained in this Policy shall not apply where
the
* accident____ giving rise to the claim occurs whilst the
accident or illness
Assured
is actually on a journey abroad or in any country during the
Insured Person concerned
course of such a journey, subject otherwise to the terms, conditions and limitations of this Policy.
*Strike out whichever is inapplicable.
23/10/52
NMA 785
U.S.A.
NMA 981 EXPOSURE CLAUSE
(Personal Accident)
(Approved by Lloyd's Underwriters' Non-Marine Association).
IN CONSIDERATION of the premium paid hereon it is hereby agreed that, subject otherwise to its terms,
limitation;; and conditions, this Insurance covers claims arising out of bodily injury caused by exposure to
the elements as the result of an accident covered hereunder.
16/1/58
NMA 981
NMA 1054 EARTHQUAKE EXCLUSION CLAUSE
(Approved by Lloyd's Underwriters' Non-Marine Association).
NOTWITHSTANDING anything to the contrary contained herein this Policy does not cover loss of or
damage to property directly or indirectly occasioned by, happening through or in consequence of
earthquake, volcanic eruption, subterranean fire or any such convulsion of nature
and any claim, and in any action, suit or other proceedings to force a claim, for loss or damage under this
Policy the burden of proving that the loss or damage does not fall within this exclusion shall be upon the
Assured.
15/8/57
NMA 1054
NMA 960 LLOYD'S TRAVEL ACCIDENT POLICY
No Policy or other Contract dated on or after 1st Jan., 1924, will be recognised by the Committee of
Lloyd's as entitling the holder to the benefit of the Funds and/or Guarantees lodged by the Underwriters of
the Policy or Contract as security for their liabilities unless it bears at foot the Seal of Lloyd's Policy
Signing Office.
(Subscribed only by Underwriting Members of Lloyd's all of whom have complied with the requirements of
the Insurance Companies Act, 1958, as to security and otherwise.)
Whereas the Assured with a view to effecting an insurance as hereinafter defined with Us who have
hereunto subscribed our Names (hereinafter called "the Underwriters") has made a written proposal and
has paid to Us a premium for the first period of insurance, the receipt of which premium is hereby
acknowledged,
And Whereas the name, address and occupation of the said Assured, the date of the written proposal and
the amount of the premium for the first period of insurance are specified overleaf, together with the period
or periods within which this Policy shall remain in effect,
WE THE UNDERWRITERS hereby agree with the Assured, to the extent and in the manner hereinafter
provided, that if anywhere in the World at any time during the period of this Policy he shall sustain any
bodily injury caused by
a)
an accident while operating or riding in or on, or boarding or alighting from, anything used as a
means of conveyance or transportation or
b)
being struck by anything used as a means of conveyance or transportation which shall solely
and independently of any other cause within twelve calendar months from the date of the
accident causing such injury occasion his death or disablement as hereinafter defined, we will
pay to the Assured, or to the Assured's Executors or Administrators, according to the Schedule
of Benefits overleaf within Seven Days after the total claim shall be substantiated under this
Policy,
PROVIDED ALWAYS THAT:A.
Payments of benefit for temporary total disablement shall be deducted from any lump sum
becoming payable under Items 1, 2, 3 or 4 of the Schedule of Benefits in respect of the same
accident.
B.
The total sum payable under this Policy in respect of any one or more accidents shall not exceed in
all in any one period of insurance the largest lump sum insured under Items 1, 2, 3 or 4 of the
Schedule of Benefits, plus medical expense up to the amount insured hereunder.
C.
No lump sum shall be payable under Items 2, 3, or 4 of the Schedule of Benefits if an accident
results in the death of the Assured within three months thereafter.
EXPOSURE OR DISAPPEARANCE
IT IS AGREED that, subject otherwise to the terms, limitations and conditions hereof,
a) this Policy covers claims arising out of bodily injury caused by exposure to the elements as the result
of an accident covered by this Policy, and
b) if the Assured disappears and his body is not found within a reasonable period of time, or a maximum
period of one year, and the Underwriters having examined all available evidence, shall have no
reason other than to presume his death in circumstances rendering them liable for the payment of the
death benefit under this Policy, they shall forthwith pay such benefit, but if he is subsequently found
to be living any sum so paid shall immediately be refunded to the Underwriters by the person or
persons to whom it was paid.
DEFINITIONS
1.
"LOSS OF A LIMB" means loss by physical separation of a hand at or above the wrist or of a foot at
or above the ankle.
2.
"TOTAL LOSS OF SIGHT" means loss of sight which is certified as being entire and irrecoverable by
a licensed physician specializing in ophthalmology and certified by the American Board of
Ophthalmology.
3.
"TOTAL DISABLEMENT" means disablement which, either permanently or temporarily, necessarily
and continuously disables the Assured from attending to business or occupation of any and every
kind or if he has no business or occupation necessarily confines him immediately and continuously
to the house and prevents him from attending to any of his usual duties (if any).
4.
"PERMANENT" means lasting twelve calendar months and at the expiry of that period being beyond
hope of improvement.
5.
"MEDICAL EXPENSE" means the actual expense of ambulance to and from hospital, treatment by a
legally qualified physician or surgeon, confinement within a legally constituted hospital or
employment of a trained nurse, necessitated by bodily injury caused by an accident occurring during
the period of this Policy.
EXCLUSIONS
This Policy does not cover any claim arising out of bodily injury caused or contributed to by
1. war, invasion or civil war;
2. the Assured engaging in or taking part in naval, military or air force service or operations;
3. the Assured riding or driving in any kind of race;
4. the Assured acting, for wage or for remuneration of any kind for transportation service;?, as driver or
a crew member of any vehicle or as a member of the crew of any ship, vessel or craft;
5. the Assured being in or on, or boarding or alighting from any aircraft
(a)
which is being used for crop dusting, seeding, sky writing, racing, testing, exploration or any
other purpose except transportation;
(b)
which the Assured is operating, learning to operate, or on which the Assured is serving as a
member of the crew;
(c)
which is neither a military transport aircraft being used for the sole purpose of transportation nor
a civil aircraft (flown by a licensed pilot) having a valid airworthiness certificate from the Civil
Aeronautics Board of the United States or from the governmental authority having jurisdiction
over such aircraft in the country of its registry;
6. suicide or attempted suicide or intentional self-injury, or the Assured's own criminal or felonious act,
or sustained whilst the Assured is in a state of insanity;
7. disease or natural causes, or medical or surgical treatment (except where such treatment is rendered
necessary by bodily injury caused by accident within the scope of this Policy).
CONDITIONS
1.
If the Assured shall engage in any occupation in which greater risk may be incurred than in the
occupation disclosed in this Policy without notice thereof having first been given in writing to the
Underwriters and their permission obtained in writing (subject to the payment of such premium as the
Underwriters may require as the condition of giving such permission), then no benefit shall be
payable in respect of any accident arising out of or in the course of such occupation.
2.
Immediate notice must be given to the Underwriters of any accident to the Assured which causes or
may cause disablement within the meaning of this Policy, and the Assured must as early as possible
place himself under the care of a duly qualified practitioner.
Immediate notice must be given to the Underwriters in the event of the death of the Assured resulting
or alleged to result from an accident within the meaning of this Policy.
In no case will the Underwriters be liable to pay compensation to the Assured or his representatives
unless the medical adviser or advisers appointed by the Underwriters for the purpose shall be
allowed so often as may be deemed necessary to make an examination of the person of the
Assured.
All payments in respect of claims under this Policy shall be made in the United States in United
States currency.
3.
All communications regarding this Insurance made by the Assured to the Underwriters shall be
deemed to have been received by the Underwriters if made in writing to the Insurance Broker and/or
Agent specified on the front of this Policy and any communications made in writing to the Assured by
the said Insurance Broker and/or Agent on behalf of the Underwriters shall be deemed to have been
made by the Underwriters.
4.
It is agreed that in the event of the failure of the Underwriters to pay any amount claimed to be due
hereunder, the Underwriters hereon will submit to the jurisdiction of any Court of competent
jurisdiction within the United States and will comply with all requirements necessary to give such
Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law
and practice of such Court. It is further agreed that service of process in each suit may be made upon
the person or persons specified for the purpose in the said Schedule, and that in any suit instituted
against any one of them upon this Insurance the Underwriters will abide by the final decision of such
Court or of any Appellate Court in the event of an appeal.
The above mentioned person or persons are authorized and directed to accept service of process on
behalf of the Underwriters in any such suit and/or upon request to give a written undertaking that they
will enter a general appearance upon the Underwriters' behalf in the event such a suit shall be
instituted.
Further, pursuant to any statute of any state, territory or district of the United States which makes
provision therefor, Underwriters hereon hereby designate the Superintendent Commissioner or
Director of Insurance or other officer specified for that purpose in the statute or his successor or
successors in office, as their true and lawful attorney upon whom may be served any lawful process
in any lawful action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary
hereunder arising out of this Contract of Insurance, and hereby designate the above mentioned as
the person to whom the said officer is authorised to mail such process or a true copy thereof.
5.
Any fraud, misstatement or concealment either in the proposal on which this insurance is based or in
relation to any other matter affecting this Insurance or in connection with the making of any claim
hereunder shall render this Policy null and void and all claim hereunder shall be forfeited.
Mow know ye that We the Underwriters, Members of the Syndicates whose definitive numbers in the
after-mentioned List of Underwriting Members of Lloyd's are set out in ;he attached Table, hereby bind
ourselves each for his own part and not one for another, our Heirs, Executors and Administrators, and in
respect of his due proportion only, to pay in respect of claims which shall be substantiated under this
Policy and the due proportion for which each of us, the Underwriters, is liable shall be ascertained by
reference to his share, as shown in the said List, of the Amount, Percentage or Proportion of the total
liability hereunder which is in the Table set opposite the definitive number of the Syndicate of which such
Underwriter is a Member AND FURTHER THAT the List of Underwriting Members of Lloyd's referred to
above shows their respective Syndicates and Shares therein, is deemed to be incorporated in and to form
part of this Policy, bears the number specified in the attached Table and is available for inspection at
Lloyd's Policy Signing Office by the Assured or his or their representatives and a true copy of the material
parts of the said List certified by the General Manager of Lloyd's Policy Signing Office will be furnished to
the Assured on application.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has subscribed his name on
behalf of each of us.
LLOYD'S POLICY SIGNING OFFICE
GENERAL MANAGER
Form K (Travel) (U.S.A.) (16.1.58)
NMA 960
SCHEDULE
Policy No.
Premium
Name of Assured
Address of Assured
Occupation of Assured
Date of written proposal
Period of insurance from
both days at
to
Standard Time at the residence of the Assured,
and such further period or periods as may be mutually agreed.
The person or persons upon whom service of process may be made
Dated in London, the
SCHEDULE OF BENEFITS
This Policy insures in respect only of such of the following benefits as have an amount inserted against
them.
1.
Death .
2. Total loss of two limbs or total loss of sight
of two eyes or total loss of one limb and total
loss of sight of one eye.
3.
4.
Total loss of one limb or total loss of sight
of one eye.
Permanent total disablement other
than by loss of limbs or sight.
5.
6.
$ ...........................................
$ ...........................................
$ ...........................................
$ ...........................................
Temporary total disablement
$ ........................................... per week,.
not exceeding .......... consecutive weeks for
any single disablement
Medical expense
not exceeding
$ ...........
N.B. All benefits which are not insured are to be completed by the; insertion of the words "Not covered".
ILLINOIS
NMA 1076 APPLICANT-OWNERSHIP ENDORSEMENT
(Personal Accident)
(Approved by Lloyd's Underwriters' Non-Marine Association).
Proposer's Name:
Address:
Beneficiary's Name:
Address:
Contingent Beneficiary's Name:
Address:
IN CONSIDERATION of the premium paid hereon, and of the representations made by the Assured and
the above-named Proposer in the proposal attached to and made a part of the Insurance to which this
Endorsement is attached,
It is hereby agreed that the Proposer shall be the Owner of all rights granted in the insurance to the
Assured, his estate, his executors or his administrators, and shall be entitled to exercise all such rights
without their consent and to receive and to give all notices provided for in the Insurance.
It is further agreed that in the event the Proposer predeceases the Assured, such rights under the
Insurance shall be vested in the Beneficiary designated above, if he be en living; and if he not be then
living or if he shall thereafter predecease the Assured, such rights under the Insurance shall be vested in
the Contingent Beneficiary designated above. If the Proposer, the Beneficiary and the Contingent
Beneficiary designated above I predecease the Assured, this Insurance shall terminate upon the death of
the last of em surviving, and the Underwriters shall refund to the estate of said last survivor of them the
unearned premium, if any, on this Insurance.
All other terms and conditions of the Insurance remain unaltered.
29/5/58
NMA 1076
U.S.A.
NMA 1256 NUCLEAR INCIDENT EXCLUSION CLAUSE—LIABILITY—DIRECT
(BROAD)
(Approved by Lloyd's Underwriters' Non-Marine Association)
For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions,
Puerto Rico and the Canal Zone:Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors
(including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability,
Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability
(including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to
which the Nuclear Incident Exclusion Clause—Liability—Direct (Limited) applies.
This Policy* does not apply:I.
II.
Under any Liability Coverage, to injury, sickness, disease, death or destruction
a)
with respect to which an insured under the policy is also an insured under a nuclear energy
liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy
Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under
any such policy but for its termination upon exhaustion of its limit of liability; or
b)
resulting from the hazardous properties of nuclear material and with respect to which (1) any
person or organization is required to maintain financial protection pursuant to the Atomic Energy
Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been
issued would be, entitled to indemnity from the United States of America, or any agency thereof,
under any agreement entered into by the United States of America, or any agency thereof, with
any person or organization.
Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to
immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness,
disease or death resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or organization.
III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the
hazardous properties of nuclear material, if
a)
the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an
insured or (2) has been discharged or dispersed therefrom;
b)
the nuclear material is contained in spent fuel or waste at any time possessed, handled, used,
processed, stored, transported or disposed of by or on behalf of an insured; or
c)
the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of
services, materials, parts or equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility, but if such facility is located within the
United States of America, its territories or possessions or Canada, this exclusion (c) applies only
to injury to or destruction of property at such nuclear facility.
As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties; "nuclear material"
means source material, special nuclear material or byproduct material; "source material", "special
nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy
Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component,
solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any
waste material (1) containing byproduct material and (2) resulting from the operation by any person
or organization of any nuclear facility included within the definition of nuclear facility under paragraph
(a) or (b) thereof; "nuclear facility" means
a)
any nuclear reactor,
b)
any equipment or device designed or used for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
c)
any equipment or device used for the processing, fabricating or alloying of special nuclear
material if at any time the total amount of such material in the custody of the insured at the
premises where such equipment or device is located consists of or contains more than 25 grams
of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,
d)
any structure, basin, excavation, premises or place prepared or used for the storage or disposal of
waste,
and includes the site on which any of the foregoing is located, all operations conducted on such site
and all premises used for such operations; "nuclear reactor" means any apparatus designed or used
to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable
material.
With respect to injury to or destruction of property, the word '"injury" or "destruction" includes all
forms of radioactive contamination of property.
It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this
clause is subject to tie terms, exclusions, conditions and limitations of the Policy to which it is
attached.
*Note:—As respects policies which afford liability coverages and other forms of coverage in addition,
the words underlined should be amended to designate the liability coverage to which this clause is to
apply.
17/3/60
NMA 1256
U.S.A.
NMA 1257 NUCLEAR INCIDENT EXCLUSION CLAUSE—LIABILITY—DIRECT
(LIMITED)
(Approved by Lloyd's Underwriters' Non-Marine Association)
For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions,
Puerto Rico and the Canal Zone:Family Automobile Policies (liability only), Special Automobile Policies (private passenger automobiles,
liability only), Farmers Comprehensive Personal Liability Policies (liability only), Comprehensive Personal
Liability Policies (liability only) or policies of a similar nature; and the liability portion of combination forms
related to the four classes of policies stated above, such as the Comprehensive Dwelling Policy and the
applicable types of Homeowners Policies.
This Policy*
does not apply under any liability coverage, to injury, sickness, disease, death or destruction with respect
to which an insured under the policy is also an insured under a nuclear energy liability policy issued by
Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear
Insurance Association of Canada, or would be an insured under any such policy but for its termination
upon exhaustion of its limit of liability.
It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this
clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached.
*Note:—As respects policies which afford liability coverages and other forms of coverage in addition, the
words underlined should be amended to designate the liability coverage to which this clause is to apply.
17/3/60
NMA 1257
NMA 1270 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
(Approved by Lloyd's Underwriters' Non-Marine Association)
This policy does not cover
a)
loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever
resulting or arising therefrom or any consequential loss
b)
any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or
arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel.
3/12/59
NMA 1270
U.S.A. AND CANADA
NMA 1280 SUBROGATION CLAUSE
(Approved by Lloyd's Underwriters' Non-Marine Association)
If the Underwriters become liable for any payment under this Policy in respect of loss, damage or liability
the Underwriters shall be subrogated, to the extent of such payment, to all the rights and remedies of the
Assured against any party in respect of such loss, damage or liability and shall be entitled at their own
expense to sue in the name of the Assured. The Assured shall give to the Underwriters all such
assistance in his power as the Underwriters may require to secure their rights and remedies and, at
Underwriters' request, shall execute all documents necessary to enable Underwriters effectively to bring
suit in the name of the Assured including the execution and delivery of the customary form of loan receipt.
27/10/60
NMA 1280
USA
NMA 1408 AVIATION PILOT OR CREW MEMBER EXTENSION CLAUSE
(Personal Accident)
IN CONSIDERATION of the premium paid hereon it is hereby agreed that this Insurance, subject
otherwise to its terms, limitations and conditions, is extended to cover Assured/Insured Person while
boarding, alighting from or riding in, as a pilot, student pilot or crew member, any civil fixed wing aircraft
having a valid airworthiness certificate from the governmental authority having jurisdiction over such
aircraft in the country of its registry, but ONLY whilst the aircraft is being used within Continental U.S.A.,
Canada and Mexico for
* (A) Business and Pleasure (as defined herein),
* (B) Industrial Aid (as defined herein),
* (C) The following special purposes :......................................................................................................................................................
.......................................................................................................................................................
PROVIDED ALWAYS THAT
(i)
The Assured/Insured Person is complying with all applicable operational and safety
regulations duly promulgated by governmental authorities having jurisdiction over such aircraft;
(ii)
Such aircraft is being used for transportation only and not for crop dusting or spraying,
seeding, sky-writing, racing, testing, exploration or any purpose other than transportation, unless
declared in (C) above;
(iii)
If the Assured/Insured Person is riding as a student pilot, whether or not on a solo flight, he is
under the supervision of a properly certificated pilot instructor;
(iv)
Coverage shall not apply whilst the Assured/Insured Person is engaged in the giving of flight
instruction to student pilots unless declared in (C) above.
DEFINITIONS
(A) "Business and Pleasure" shall mean personal pleasure, family and business use, excluding any
operation for hire or reward.
(B) "Industrial Aid" shall mean all the uses stated in (A) also the transportation of executives,
employees, guests of the Assured*/Insured Person* goods and merchandise, but excluding any operation
for hire or reward.
* Delete whichever not applicable.
2/5/63
NMA 1408
NMA 1409 AVIATION PILOT OR CREW MEMBER ONLY CLAUSE U.S.A.
(Personal Accident)
(Approved by Lloyd's Underwriters' Non-Marine Association).
IN CONSIDERATION of the premium paid hereon it is hereby agreed that this Insurance, subject
otherwise to its terms, limitations and conditions, covers the Assured/*Insured person ONLY while
boarding, alighting from or riding in, as a pilot, student pilot or crew member, any civil fixed wing aircraft
having a valid airworthiness certificate from the governmental authority having jurisdiction over such
aircraft in the country of its registry, and ONLY whilst the aircraft is being used within Continental U.S.A.,
Canada
end Mexico for
* (A) Business and Pleasure (as defined herein),
* (B) Industrial Aid (as defined herein),
* (C) The following special purposes:.........................................................................................................................................................
........................................................................................................................................................
PROVIDED ALWAYS THAT
(i)
The Assured/*Insured person is complying with all applicable operational and safety regulations
duly promulgated by governmental authorities having jurisdiction over such aircraft;
(ii) Such aircraft is being used for transportation only and not for crop dusting or spraying, seeding,
sky-writing, racing, testing, exploration or any purpose other than transportation, unless declared
in (C) above;
(iii) If Assured/Insured person is riding as a student pilot, whether or not on a solo flight, he is under
the supervision of a properly certificated pilot instructor;
(iv) Coverage shall not apply whilst the Assured/Insured person is engaged in the giving of flight
instruction to student pilots unless declared in (C) above.
DEFINITIONS
A) "Business and Pleasure" shall mean personal pleasure, family and business use, excluding any
operation for hire or reward.
B) "Industrial Aid" shall mean all the uses stated in (A) also the transportation of executives, employees,
guests of Assured/Insured person goods and merchandise, but excluding any operation for hire or
reward.
* Delete whichever not applicable.
2/5/63
NMA 1409
NMA 1442 DISAPPEARANCE CLAUSE
(Personal Accident)
(Approved by Lloyd's Underwriters' Non-Marine Association)
IN CONSIDERATION of the premium paid hereon it is hereby agreed that, subject to all the terms,
limitations, conditions and exclusions of this Insurance except as specifically provided herein, if
Assured/Insured person disappears during the currency of this Insurance and his body is not found within
one year after his disappearance, and sufficient evidence is produced satisfactory to the Underwriters that
leads them inevitably to the conclusion that he sustained accidental bodily injury and that such injury
caused his death, Underwriters shall forthwith pay the death benefit under this Insurance provided that
the person or persons to whom such sum is paid shall sign an undertaking to refund such sum to the
Underwriters if the Assured/Insured person is subsequently found to be living.
6/12/62
NMA 1442
NMA 1483 OVERSEAS JURISDICTION CLAUSE
It is hereby agreed that:1.
this insurance shall be governed by the law of (Response) whose Courts shall have jurisdiction in
any dispute arising hereunder; and
2.
any summons, notice or process to be served upon the Underwriters for the purpose of instituting
any legal proceedings against them in connection with this insurance may be served upon
.....................................................................................................................................................................
who have authority to accept service on their behalf.
23/7/64
NMA 1483
NMA 1684 SEEPAGE, POLLUTION AND CONTAMINATION EXCLUSION
CLAUSE No. 2
(Approved by Lloyd's Underwriters' Non-Marine Association)
This Insurance does not cover any liability for:
1.
Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly
caused by seepage, pollution or contamination.
2.
The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances.
3.
Loss of, damage to, or loss of use of property directly or indirectly resulting from subsidence caused
by sub-surface operations of the Assured.
4.
Removal of, loss of or damage to sub-surface oil, gas or any other substance, the property of others.
5.
Fines, penalties, punitive or exemplary damages.
NMA 1684
22/1/70
No Policy or other Contract dated on or after 1st Jan., 1924, will be recognised by the Committee of
Lloyd's as entitling the holder to the benefit of the Funds and/or Guarantees lodged by the Underwriters of
the Policy or Contract as security for their liabilities unless it bears at foot the Seal of Lloyd's Policy
Signing Office.
NMA 1595 LLOYD'S ACCIDENT POLICY
(Subscribed only by Underwriting Members of Lloyd's ail. of whom have complied with the requirements
of the Insurance Companies Act, 1958, as to security and otherwise.)
Whereas the Assured with a view to effecting an insurance as hereinafter defined with Us who have
hereunto subscribed our Names (hereinafter called "the Underwriters") has made a written proposal, a
copy of which is attached hereto and made a part hereof and shall form the basis of this contract and has
paid to Us a premium for the first period of insurance, the receipt of which premium is hereby
acknowledged,
And Whereas the name, address and occupation of the said Assured, the date of the written proposal and
the amount of the premium for the first period of insurance are specified overleaf, together with the period
or periods within which this Policy shall remain in effect,
WE THE UNDERWRITERS hereby agree with the Assured, to the extent and in the manner hereinafter
provided, that if anywhere in the World at any time during the period of this Policy he shall sustain any
bodily injury caused by an accident, which shall solely and independently of any other cause within twelve
calendar months from the date of the accident causing such injury occasion his death or disablement as
hereinafter defined, we will pay to the Assured, or to the Assured's Executors or Administrators, or to the
Beneficiary, according to the Schedule of Benefits overleaf after the total claim shall be substantiated
under this Policy,
PROVIDED ALWAYS THAT:A. Payments of benefit for temporary total disablement shall be deducted from any lump sum becoming
payable under Items 1, 2, 3 or 4 of the Schedule of Benefits in respect of the same accident.
B. The total sum payable under this Policy in respect of any one or more accidents shall not exceed in
all in any one period of insurance the largest lump sum insured under Items 1, 2, 3 or 4 of the
Schedule of Benefits, plus medical expense up to the amount insured hereunder.
C. No lump sum shall be payable under Items 2, 3, or 4 of the Schedule of Benefits if an accident results
in the death of the Assured within three months thereafter.
AIR TRAVEL
This Policy, subject otherwise to its terms, limitations and conditions, covers claims arising out of bodily
injury sustained by the Assured while riding as a passenger in, alighting from, or boarding (but not while
operating, learning to operate or serving as a member of a crew of) a civil aircraft having a valid
airworthiness certificate from the Civil Aeronautics Board of the United States or from the governmental
authority having jurisdiction over private aircraft in the country of its registry and flown by a licensed pilot,
while such aircraft is being used for transportation only and not for crop-dusting, seeding, sky-writing,
racing, testing, exploration or any other purpose except transportation
DEFINITIONS
1. "LOSS OF A LIMB" means loss by physical separation of a hand at or above the wrist or of a foot at
or above the ankle.
2. "TOTAL LOSS OF SIGHT" means loss of sight which is certified as being entire and irrecoverable by
a licensed physician specializing in ophthalmology and certified by the American Board of
Ophthalmology.
3. "TOTAL DISABLEMENT" means disablement which, either permanently or temporarily, necessarily
and continuously disables the Assured from attending to business or occupation of any and every
kind or if he has no business or occupation necessarily confines him immediately and continuously to
the house and prevents him from attending to any of his usual duties (if any), except that said
confinement will not terminate by reason of transportation of the Assured, at the direction of a
licensed physician, to or from a hospital or physician's office for treatment.
4. "PERMANENT" mean;* lasting twelve calendar months and at the expiry of that period being beyond
hope of improvement.
5. "MEDICAL EXPENSE" means the actual expense of ambulance to and from hospital, treatment by a
legally qualified physician or surgeon, confinement within a legally constituted hospital or employment
of a trained nurse, necessitated by bodily injury caused by an accident occurring during the period of
this Policy.
EXCLUSIONS
This Policy does not cover any claim arising out of bodily injury caused or contributed to by
1. war, invasion or civil war;
2. the Assured engaging in or taking part in naval, military or air force service or operations;
3. the Assured riding or driving in any kind of race;
4. the Assured being in or on, or boarding an aircraft for the purpose of flying therein or alighting
therefrom following a flight, except as provided herein;
5. suicide or attempted suicide or intentional self-injury, or the Assured's own criminal or felonious act,
or sustained whilst the Assured is in a state of insanity;
6. disease or natural causes, or medical or surgical treatment (except where such treatment is rendered
necessary by bodily injury caused by accident within the scope of this Policy).
REQUIRED PROVISIONS
1. ENTIRE CONTRACT; CHANGES: This Policy, including the endorsements and the attached papers,
if any, constitutes the entire Contract of Insurance. No change in this Policy shall be valid unless
endorsed hereon or attached hereto.
2. TIME LIMIT ON CERTAIN DEFENCES: (a) After two years from the date of issue of this Policy no
misstatements, except fraudulent misstatements, made by the applicant in the written proposal for
such Policy shall be used to void the Policy or to deny a claim for loss incurred or disablement (as
defined in the Policy) commencing after the expiration of such two year period, (b) No claim for loss
incurred or disablement (as defined in the Policy) commencing after two years from the date of issue
of this Policy shall be reduced or denied on the ground that a disease or physical condition not
excluded from coverage by name or specific description effective on the date of loss had existed prior
to the effective date of coverage of this Policy.
3. RENEWAL: This Policy may be renewed, subject to the consent of the Underwriters, for further
periods at the Underwriters' premium rates in force at the time of renewal, subject to the Grace Period
provided herein.
4. GRACE PERIOD: Unless not less than thirty days prior to the renewal date the Underwriters have
delivered to the Assured or have mailed to his last address as shown by the records of the
Underwriters written notice of their intention not to renew this Policy beyond the period for which the
premium has been accepted, a grace period of thirty-one days will be granted for the payment of
each premium falling due after the first premium, during which grace period the Policy shall continue
in force.
5. REINSTATEMENT: If any renewal premium be not paid within the time granted the Assured for
payment, a subsequent renewal by the Underwriters without requiring in connection therewith an
application for reinstatement, shall reinstate the Policy: provided, however, that if the Underwriters
require a written proposal for reinstatement the Policy will be reinstated upon approval of each
proposal by the Underwriters or, lacking such approval, upon the forty-fifth day following the date of
receipt of such proposal unless the Underwriters have previously notified the Assured in writing that
they are not.
6. NOTICE OF CLAIM: Written notice of claim must be given to the Underwriters within twenty days
after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is
reasonably possible.
7. CLAIMS FORMS: The Underwriters, upon receipt of a notice of claim, will furnish to the claimant such
forms as are usually furnished by them for filing proofs of loss. If such forms are not furnished within
fifteen days after the giving of such notice the claimant shall be deemed to have complied with the
requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for
filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for
which claim is made.
8. PROOFS OF LOSS: Written proof of loss must be furnished to the Underwriters in case of claim for
loss for which this Policy provides any periodic payment contingent upon continuing loss within ninety
days after the termination of the period for which the Underwriters are liable and in case of claim for
any other loss within ninety days after the date of such loss. Failure to furnish such proof within the
time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof
within such time, provided such proof is furnished as soon as reasonably possible and in no event,
except in the absence of legal capacity, later than one year from the time proof is otherwise required.
9. TIME OF PAYMENT OF CLAIMS: Indemnities payable under this Policy for any loss other than loss
for which this Policy provides any periodic payment will be paid immediately upon receipt of due
written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for
which this Policy provides periodic payment will be paid monthly and any balance remaining unpaid
upon the termination of liability will be paid within seven days of receipt of due written proof.
10. PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary
designation and the provisions respecting such payment which may be prescribed herein and
effective at the time of payment. If no such designation or provision is then effective, such indemnity
shall be payable to the estate of the Assured. Any other accrued indemnities unpaid at the Assured's
death may, at the option of the Underwriters, be paid either to such beneficiary or to such estate. All
other indemnities will be payable to the Assured. All payments in respect of claims under this Policy
shall be made in the United States in United States currency.
11. PHYSICAL EXAMINATION AND AUTOPSY: The Underwriters at their own expense shall have the
right and opportunity for their medical advisers to examine the person of the Assured when find as
often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy
in case of death where it is not forbidden by law.
12. LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this Policy prior to the
expiration of sixty days after written proof of loss has been famished in accordance with the
requirements of this Policy. No such action shall be brought after the expiration of three years after
the time written proof of loss is required to be furnished.
13. CHANGE OF BENEFICIARY: The right to change of beneficiary is reserved to the Assured and the
consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this
Policy or to any change of beneficiary or beneficiaries, or to any other changes in this Policy.
No change of beneficiary or assignment of interest under this Policy shall be binding on the
Underwriters unless and until the original or a duplicate thereof is filed with the Underwriters, who
assume no responsibility for the validity thereof.
14. CHANGE OF OCCUPATION: If the Assured be injured after having changed his occupation to one
classified by the Underwriters as more hazardous than that stated in this Policy or while doing for
compensation anything pertaining to an occupation so classified, the Underwriters will pay only such
portion of the indemnities provided in this Policy as the premium paid would have purchased at the
rates and within the limits fixed by the Underwriters for such more hazardous occupation. If the
Assured changes his occupation to one classified by the Underwriters as less hazardous than that
stated in this Policy, the Underwriters upon receipt of proof of such change of occupation, will reduce
the premium rate accordingly, and will return the excess pro-rata unearned premium from the date of
change of occupation or from the Policy anniversary date immediately preceding receipt of such
proof, whichever is the more recent. In applying this provision, the classification of occupational risk
and the premium rates shall be such a 5 have been last filed by the Underwriters prior to the
occurrence of the loss for which the Underwriters are liable.
15. COMMUNICATIONS: All communications regarding this Insurance made by the Assured to the
Underwriter;, shall be deemed to have been received by the Underwriters if made in writing to the
Insurance Broker and/or Agent specified on the front of this Policy and any communications made in
writing to the Assured by the said Insurance Broker and/or Agent on behalf of the Underwriters shall
be deemed to have been made by the Underwriters.
16. SERVICE OF SUIT: In the event of any litigation arising out of insurance assumed hereunder,
Herbert C. Brook, 135 South La Salle Street, Chicago, Illinois, and the Director of Insurance of the
State of Illinois and his successors in office are hereby appointed agents to accept service of process
for the Underwriters.
17. FRAUDULENT CLAIMS: If any claim shall be made in the knowledge that it is false or fraudulent, as
regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
Now know ye that We the Underwriters, Members of the Syndicates whose definitive numbers in tb.3
after-mentioned List of Underwriting Members of Lloyd's are set out in the attached Table, hereby bind
ourselves each for his own part and not one for another, our Heirs, Executors and Administrators, and in
respect of his due proportion only, to pay in respect of claims which shall be substantiated under this
Policy and the due proportion for which each of us, the Underwriters, is liable shall be ascertained by
reference to his share, as shown in the said List, of the Amount, Percentage or Proportion of the total
liability hereunder which is in the Table set opposite the definitive number of the Syndicate of which such
Underwriter is a Member AND FURTHER THAT the List of Underwriting Members of Lloyd's referred to
above shows their respective Syndicates and Shares therein, is deemed to be incorporated in and to form
part of this Policy, bears the number specified in the attached Table and is available for inspection at
Lloyd's Policy Signing Office by the Assured or his or their representatives and a true copy of the material
parts of the said List certified by the General Manager of Lloyd's Policy Signing Office will be famished to
the Assured on application.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has subscribed his name on
behalf of each of us.
LLOYD'S POLICY SIGNING OFFICE,
GENERAL MANAGER
FORM K (Illinois) (9.11.67)
NMA 1595
SCHEDULE
Policy No.
Premium
Name of Assured
Address of Assured
Occupation of Assured
Name and Address of Beneficiary
Date of written proposal
Period of insurance from
to
both days at
Standard Time at the residence of the Assured,
and such further period or periods as may be mutually agreed.
The person or persons upon whom service of process may be made
Dated in London, the
SCHEDULE OF BENEFITS
This Policy insures in respect only of such of the following benefits as have an amount inserted
against them.
In the event the Assured suffers more than one injury or disability against which an amount is inserted,
the amount of benefits payable hereunder shall be determined in accordance with Provisos A, B and C
above
1.
6.
Death .
$ ...........................................
2. Total loss of two limbs or total loss
of sight of two eyes or total loss
of one limb and total loss
of sight of one eye.
$ ...........................................
3.
$ ...........................................
Total loss of one limb or total loss of sight
of one eye.
Permanent total disablement other
than by loss of limbs or sight.
$ ...........................................
7.
Temporary total disablement
$ ........................................... per week,.
not exceeding .......... consecutive
weeks for any single disablement
8.
Medical expense
$ ...........................................
N.B. All benefits which are not insured are to be completed by the; insertion of the words "Not
covered".
No Policy or other Contract dated on or after 1st Jan., 1924, will be recognised by the Committee of
Lloyd's as entitling the holder to the benefit of the Funds and/or Guarantees lodged by the Underwriters of
the Policy or Contract as security for their liabilities unless it bears at foot the Seal of Lloyd's Policy
Signing Office.
NMA 1596 LLOYD'S TRAVEL ACCIDENT POLICY
(Subscribed only by Underwriting Members of Lloyd's ail. of whom have complied with the requirements
of the Insurance Companies Act, 1958, as to security and otherwise.)
Whereas the Assured with a view to effecting an insurance as hereinafter defined with Us who have
hereunto subscribed our Names (hereinafter called "the Underwriters") has made a written proposal and
has paid to Us a premium for the first period of insurance, the receipt of which premium is hereby
acknowledged,
And Whereas the name, address and occupation of the said Assured, the date of the written proposal and
the amount of the premium for the first period of insurance are specified overleaf, together with the period
or periods within which this Policy shall remain in effect,
WE THE UNDERWRITERS hereby agree with the Assured, to the extent and in the manner hereinafter
provided, that if anywhere in the World at any time during the period of this Policy he shall sustain any
bodily injury caused by
(a)
an accident while operating or riding in or on, or boarding or alighting from, anything used as
a means of conveyance or transportation or
(b)
being struck by anything used as a means of conveyance or transportation which shall solely
and independently of any other cause within twelve calendar months from the date of the
accident causing such injury occasion his death or disablement as hereinafter defined, we
will pay to the Assured, or to the Assured's Executors or Administrators, or to the
Beneficiary, according to the Schedule of Benefits overleaf after the total claim shall be
substantiated under this Policy,
PROVIDED ALWAYS THAT:A. Payments of benefit for temporary total disablement shall be deducted from arty lump sum becoming
payable under Items 1, 2, 3 or 4 of the Schedule of Benefits in respect of the same accident.
B. The total sum payable under this Policy in respect of any one or more accidents shall not exceed in
all in any one period of insurance the largest lump sum insured under Items 1, 2, 3 or 4 of the
Schedule of Benefits, plus medical expense up to the amount insured hereunder.
C. No lump sum shall be payable under Items 2, 3, or 4 of the Schedule of Benefits if an accident results
in the death of the Assured within three months thereafter.
EXPOSURE OR DISAPPEARANCE
IT IS AGREED that, subject otherwise to the terms, limitations and conditions hereof,
(a)
this Policy covers claims arising out of bodily injury caused by exposure to the elements as
the result of an accident covered by this Policy, and
a) if the Assured disappears and his body is not found within a reasonable period of time, or a maximum
period of one year, and the Underwriters having examined all available evidence, shall have no
reason other than to presume his death in circumstances rendering them liable for the payment of the
death benefit under this Policy, they shall forthwith pay such benefit, but if he is subsequently found
to be living any sum so paid shall immediately be refunded to the Underwriters by the person or
persons to whom it was paid.
DEFINITIONS
1.
"LOSS OF A LIMB" means loss by physical separation of a hand at or above the wrist or of a foot at
or above the ankle.
2.
"TOTAL LOSS OF SIGHT" means loss of sight which is certified as being entire and irrecoverable by
a licensed physician specializing in ophthalmology and certified by the American Board of
Ophthalmology.
3.
"TOTAL DISABLEMENT" means disablement which either permanently or temporarily, necessarily
and continuously disables the Assured from attending to business or occupation of any and every
kind or if he has no business or occupation necessarily confines him immediately and continuously to
the house and prevents him from attending to any of his usual duties (if any), except that said
confinement will not terminate by reason of transportation of the Assured, at the direction of a
licensed physician, to or from a hospital or physician's office for treatment.
4.
"PERMANENT" means lasting twelve calendar months and at the expiry of that period being beyond
hope of improvement.
5.
"MEDICAL EXPENSE' means the actual expense of ambulance to and from hospital, treatment by a
legally qualified physician or surgeon, confinement within a legally constituted hospital or employment
of a trained nurse, necessitated by bodily injury caused by an accident occurring during the period of
this Policy.
EXCLUSIONS
This Policy does not cover any claim arising out of bodily injury caused or contributed to by
1.
war, invasion or civil war;
2.
the Assured engaging in or taking part in naval, military or air force service or operations;
3.
the Assured riding or driving in any kind of race;
4.
the Assured acting, for wage or for remuneration of any kind for transportation services as driver or
a crew member of any vehicle or as a member of the crew of any ship, vessel or craft;
5.
the Assured being in or on, or boarding or alighting from any aircraft
(a)
which is being used for crop dusting, seeding, sky writing, racing, testing, exploration or any other
purpose except transportation;
(b)
which the Assured is operating, learning to operate, or on which the Assured is serving as a
member of the crew;
(c)
which is neither a military transport aircraft being used for the sole purpose of transportation nor a
civil aircraft (flown by a licensed pilot) having a valid airworthiness certificate from the Civil
Aeronautics Board of the United States or from the governmental authority having jurisdiction over
such aircraft in the country of its registry;
6.
suicide or attempted suicide or intentional self-injury, or the Assured's own criminal or felonious act,
or sustained whilst the Assured is in a state of insanity;25
7.
disease or natural causes, or medical or surgical treatment (except where such treatment is rendered
necessary by bodily injury caused by accident within the scope of this Policy).
REQUIRED PROVISIONS
1. ENTIRE CONTRACT; CHANGES: This Policy, including the endorsements and the attached papers, if
any, constitutes the entire Contract of Insurance. No change in this Policy shall be valid unless
endorsed hereon or attached hereto.
2.
TIME LIMIT ON CERTAIN DEFENCES: (a) After two years from the date of issue of the Policy no
misstatements, except fraudulent misstatements, made by the applicant in the written proposal for
such Policy shall be used to void the Policy or to deny a claim for loss incurred or disablement (as
defined in the Policy) commencing after the expiration of such two year period, (b) No claim for loss
incurred or disablement (as defined in the Policy) commencing after two years from the date of issue
of this Policy shall be reduced or denied on the ground that a disease or physical condition not
excluded from coverage by name or specific description effective on the date of loss had existed prior
to the effective date of coverage of this Policy.
3.
RENEWAL: This Policy may be renewed, subject to the consent of the Underwriters, for further
periods at the Underwriters' premium rates in force at the time of renewal, subject to the Grace Period
provided herein.
4.
GRACE PERIOD: Unless not less than thirty days prior to the renewal date the Underwriters have
delivered to the Assured or have mailed to his last address as shown by the records of the
Underwriters written notice of their intention not to renew this Policy beyond the period for which the
premium has been accepted, a grace period of thirty-one days will be granted for the payment of
each premium falling due after the first premium, during which grace period the Policy shall continue
in force.
5.
REINSTATEMENT: If any renewal premium be not paid within the time granted the Assured for
payment, a subsequent renewal by the Underwriters without requiring in connection therewith an
application for reinstatement, shall reinstate the Policy: provided, however, that if the Underwriters
require a written proposal for reinstatement the Policy will be reinstated upon approval of each
proposal by the Underwriters or, lacking such approval, upon the forty-fifth day following the date of
receipt of such proposal unless the Underwriters have previously notified the Assured in writing that
they are not prepared to reinstate the Policy. The reinstated Policy shall cover only loss resulting from
such accidental injury as may be sustained after the date of reinstatement. In all other respects the
Assured and Underwriters shall have the same rights thereunder as they had under the Policy
immediately before the renewal date subject to any provisions endorsed hereon or attached hereto in
connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be
applied to a period for which premium has not been previously paid, but not to any period more than
sixty days prior to the date of reinstatement.
6.
NOTICE OF CLAIM: Written notice of claim must be given to the Underwriters within twenty days
after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is
reasonably possible.
7.
CLAIMS FORMS: The Underwriters, upon receipt of a notice of claim, will furnish to the claimant such
forms as are usually furnished by them for filing proofs of loss. If such forms are not furnished within
fifteen days after the giving of such notice the claimant shall be deemed to have complied with the
requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for
filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for
which claim is made.26
8.
PROOFS OF LOSS: Written proof of loss must be furnished to the Underwriters in case of claim for
loss for which this Policy provides any periodic payment contingent upon continuing loss within ninety
days after the termination of the period for which the Underwriters are liable and in case of claim for
any other loss within ninety clays after the date of such loss. Failure to furnish such proof within the
time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof
within such time, provided such proof is furnished as soon as reasonably possible and in no event,
except in the absence of legal capacity, later than one year from the time proof i;5 otherwise required.
9.
TIME OF PAYMENT OF CLAIMS: Indemnities payable under this Policy for any loss other than loss
for which this Policy provides any periodic payment will be paid immediately upon receipt of due
written proof of such loss. Subject to due written proof of loss, all accrued indemnities for Ions for
which this Policy provides periodic payment will be paid monthly and any balance remaining unpaid
upon the termination of liability will be paid within seven days of receipt of due written proof.
10. PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary
designation and the provisions respecting such payment which may be prescribed herein and
effective at the time of payment. If no such designation or provision is then effective, such indemnity
shall be payable to the estate of tie Assured. Any other accrued indemnities unpaid at the Assured's
death may, at the option of the Underwriters, be paid either to such beneficiary or to such estate. All
other indemnities will be payable to the Assured. All payments in respect of claims under this Policy
shall be made in the United States in United States currency.
11. PHYSICAL EXAMINATION AND AUTOPSY: The Underwriters at their own expense shall have the
right and opportunity for their medical advisers to examine the person of the Assured when arid as
often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy
in case of death where it is not forbidden by law.
12. .LEGAL ACTIONS: No action at law or in equity shall be brought to recover this Policy prior to the
expiration of sixty days after written proof of loss has been furnished in accordance with the
requirements of this Policy. No such action shall be brought after the expiration of three years after
the time written proof of loss is required to be furnished.
13. CHANGE OF BENEFICIARY: The right to change of beneficiary is reserved to the Assured and the
consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this
Policy or to any change of beneficiary or beneficiaries, or to any other changes in this Policy.
No change of beneficiary assignment of interest under this Policy shall be binding on the
Underwriters unless and until the original or a duplicate thereof is filed with the Underwriters, who
assume no responsibility for the validity thereof.
14. CHANGE OF OCCUPATION: If the Assured be injured after having changed his occupation to one
classified by the Underwriters as more hazardous than that stated in this Policy or while doing for
compensation anything pertaining to an occupation so classified, the Underwriters will pay only such
portion of the indemnities provided in this Policy as the premium paid would have purchased at the
rates and within the limits fixed by the Underwriters for such more hazardous occupation. If the
Assured changes his occupation to one classified by the Underwriters as less hazardous than that
stated in this Policy, the Underwriters upon receipt of proof of such change of occupation, will reduce
the premium rate accordingly, and will return the excess pro-rata unearned premium from the date of
change of occupation or from the Policy anniversary date immediately preceding receipt of such
proof, whichever is the more recent. In applying this provision, the classification of occupational risk
and the premium rates shall be such as have been List filed by the Underwriters prior to the
occurrence of the loss for which the Underwriters are liable.
15. COMMUNICATIONS: All communications regarding this Insurance made by the Assured to the
Underwriters shall be deemed to have been received by the Underwriters if made in writing to the
Insurance Broker and/or Agent specified on the front of this Policy and any communications made in
writing to the Assured by the said Insurance Broker and/or Agent on behalf of the Underwriters shall
be deemed to have been made by the Underwriters.
16. SERVICE OF SUIT: In the event of any litigation arising out of insurance assumed hereunder,
Herbert C. Brook, 135 South La Salle Street, Chicago, Illinois, and the Director of Insurance of the
State of Illinois and his successors in office are hereby appointed agents to accept service of process
for the Underwriters.
17. FRAUDULENT CLAIMS: If any claim shall be made in the knowledge that it is false or fraudulent, as
regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
Now know ye that We the Underwriters, Members of the Syndicates whose definitive numbers in the
after-mentioned List of Underwriting Members of Lloyd's are set out in the attached Table, hereby bind
ourselves each for his own part and not one for another, our Heirs, Executors and Administrators, and in
respect of his due proportion only, to pay in respect of claims which shall be substantiated under this
Policy and the due proportion for which each of us, the Underwriters, is liable shall be ascertained by
reference to his share, as shown in the said List, of the Amount, Percentage or Proportion of the total
liability hereunder which is in the Table set opposite the definitive number of the Syndicate of which such
Underwriter is a Member AND FURTHER THAT the List of Underwriting Members of Lloyd's referred to
above shows their respective Syndicates and Shares therein, is deemed to be incorporated in and to form
part of this Policy, bears the number specified in the attached Table and is available for inspection at
Lloyd's Policy Signing Office by the Assured or his or their representatives and a true copy of the material
parts of the said List certified by the General Manager of Lloyd's Policy Signing Office will be furnished to
the Assured on application.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has subscribed his name on be
half of each of us.
LLOYD'S POLICY SIGNING OFFICE,
GENERAL MANAGER
Form K Travel (Illinois) (9.11.67)
NMA 1596
SCHEDULE
Policy No.
Premium
Name of Assured
Address of Assured
Occupation of Assured
Name and Address of Beneficiary
Date of written proposal
Period of insurance from
to
both days at
Standard Time at the residence of the Assured,
and such further period or periods as may be mutually agreed.
Dated in London, the
SCHEDULE OF BENEFITS
This Policy insures in respect only of such of the following benefits as have an amount inserted
against them.
1.
9.
Death .
$ ...........................................
2. Total loss of two limbs or total loss
of sight of two eyes or total loss
of one limb and total loss
of sight of one eye.
$ ...........................................
3.
$ ...........................................
Total loss of one limb or total loss of sight
of one eye.
Permanent total disablement other
than by loss of limbs or sight.
10.
6.
$ ...........................................
Temporary total disablement
$ ..................................... per week,.
not exceeding .......... consecutive
weeks for any single disablement
Medical expense
$ ...........................................
In the event the Assured suffers more than one injury or disability against which an amount is inserted,
the amount of benefits payable hereunder shall be determined in accordance with Provisos A, B and C
above
N.B. All benefits which are not insured are to be completed by the; insertion of the words "Not
covered".
NMA 1623 EXPLOSIVE NUCLEAR ASSEMBLIES EXCLUSION CLAUSE
(Approved by Lloyd's Underwriters' Non-Marine Association)
This Policy does not cover
(a)
loss or destruction of or damage to any property whatsoever or any loss or expense
whatsoever resulting or arising therefrom or any consequential loss
(b)
any legal liability of whatsoever nature
directly or indirectly caused by or contributed to by or arising from the radioactive, toxic, explosive or other
hazardous properties of any explosive nuclear assembly or nuclear component thereof.
NMA 1623
4/4/68
NMA 1685 INDUSTRIES SEEPAGE, POLLUTION AND CONTAMINATION
CLAUSE NO. 3
This Insurance does not cover any liability for:
1.
Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly
caused by seepage, pollution or contamination, provided always that this paragraph 1. shall not
apply to liability for Personal Injury or Bodily Injury or loss of or physical damage to or destruction of
tangible property, or loss of use of such property damaged or destroyed, where such seepage,
pollution or contamination is caused by a sudden, unintended and unexpected happening during the
period of this Insurance.
2.
The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances
unless the seepage, pollution or contamination is caused by a sudden, unintended and unexpected
happening during the period of this Insurance.
3.
Fines, penalties, punitive or exemplary damages.
4.
This Clause shall not extend this Insurance to cover any liability which would not have been covered
under this Insurance had this Clause not been attached.
22/1/70
NMA 1685
NMA 1686 INDUSTRIES SEEPAGE, POLLUTION AND CONTAMINATION
EXCLUSION CLAUSE No. 4
This Insurance does not cover any liability for:
1.
Personal Injury or Bodily Injury or loss of, damage to or loss of use of property directly or indirectly
caused by seepage, pollution or contamination.
2.
The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances.
3.
Fines, penalties, punitive or exemplary damages.
22/1/70
NMA 1686
NMA 1970a ERVICE OF SUIT CLAUSE (CANADA)
(Action against Insurer)
In any action to enforce the obligations of the Underwriters liable hereunder they can be designated or
named as "M J Oppenheim in his quality as Attorney In Fact in Canada for Lloyd's Underwriters,
Members of Lloyd's, London, England" and such designation shall be binding on the Underwriters Liable
hereunder as if they had each been individually named as Defendant. Service of such proceedings may
validly be made upon M J Oppenheim, C.A., whose address for such service is 1155, rue Metcalfe, Suite
1540, Montreal, Quebec, H3B 2V6.
(01/10/95) NMA 1970a
U.S.A.
NMA 2222 EXCESS LIQUOR LIABILITY ENDORSEMENT
IN CONSIDERATION of the reduced premium at which this insurance is written, it is understood and
agreed that the Certificate to which this Endorsement is attached is amended as follows:
A.
The following Statement is added to the Schedule of Warranties on the attached Certificate:
"Statement 6. Liquor liability insurance has been issued to the Assured by ______________
(hereinafter called the "Primary Insurer"), applicable to the premises to which this Insurance
applies, with the combined single limit of liability of ________________ (hereinafter called the
"Primary Limit")."
B.
The following paragraph is inserted as part of and immediately following the first paragraph of the
Insuring Agreement:
"It is expressly agreed that the Underwriters shall be liable under this Insurance only after the
Primary Insurer has paid or has been held liable to pay the full amount of the Primary Limit."
C. The second paragraph of the Insuring Agreement is deleted, and in lieu thereof, the following
paragraph is inserted:
"In the event of a claim arising which appears likely to exceed the Primary Limit, no costs shall be
incurred without the consent of Underwriters. Should such claim become adjustable previous to
going into Court for not more than the Primary Limit, then no 'Costs' shall be payable by the
Underwriters. Should however, the sum for which said claim may be so adjustable exceed the
Primary Limit, then the Underwriters, if they consent to the proceedings continuing, shall contribute
to the 'Costs' in the ratio that their proportion of the liability for such claim as finally adjusted, bears
to the whole amount of such claim. In the event that the Primary Insurer elects not to appeal a
judgment in excess of the Primary Limit, the Underwriters may elect to conduct such appeal at their
own cost and expense and shall be liable for the taxable court costs and interest incidental thereto,
but in no event shall the total liability of the Underwriters exceed their 1imit of liability stated herein,
plus the expense of such appeal. 'Costs' as used in this paragraph shall be understood to include
investigation, adjustment and legal expenses (excluding, however, salaries of employees and office
expenses of the Assured and the Primary Insurer) and interest on judgments. Underwriters further
agree to make such investigation or settlement of any claim or civil action that Underwriters deem
expedient, but Underwriters shall not be obligated to pay any claim or judgment or to defend any
civil action after the limit of Underwriters' liability has been exhausted by payment of judgments or
settlements or the tender of said limit to the Assured or into court."
D. The following Condition is added:
"(7) Primary Insurance. It is a condition of this Insurance that the liquor liability insurance of the
Primary Insurer specified in Statement 6 of the Schedule of Warranties, with the Primary Limit
specified therein, be and remain in full force and effect during the Certificate period of this
Insurance."
All other terms and conditions remain unchanged.
Attached to and forming part of Certificate __________________ of Underwriters at Lloyd's, London.
NMA 2222
K NMA 2315 LLOYD'S ACCIDENT POLICY
Whereas the Assured, with a view to effecting an insurance as hereinafter provided with the Underwriters
(as defined below), has presented a proposal upon which the Underwriters have determined their terms
and conditions,
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the
payment to us by or on behalf of the Assured of the premium specified in the Schedule, to insure against
bodily injury in the manner and to the extent hereinafter provided.
The Underwriters, and their heirs, executors and administrators shall be liable only for their own shares of
their respective syndicate's proportion, the Underwriters having bound themselves severally and not
jointly, each for their own part, and not one for another, and in respect of their due proportion only. The
identity of each underwriting member of the syndicates shown in the Table and the amounts of their
respective shares may be ascertained by the Assured or the Assured's representative on application to
Lloyd's Policy Signing Office, quoting the Lloyd's Policy Signing Office number and date shown in the
Table.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed on behalf of each of
Us.
LLOYD'S POLICY SIGNING OFFICE
General Manager
K NMA 2315 (22/9/88) Form approved by Lloyd's Underwriters' Non-Marine Association.
We the Underwriters hereby agree with the Assured, to the extent and in the manner herein provided, that
if the Assured sustains Bodily Injury during the period of this Insurance, we will pay to the Assured, or to
the Assured's Executors or Administrators, according to the Schedule of Compensation after the total
claim shall be substantiated under this Insurance.
Provided Always That:
1.
a) Compensation shall not be payable under more than one of the items of the Schedule of
Compensation in respect of the consequences of one Accident, except for any compensation
payable hereunder in respect of temporary partial disablement preceding or following temporary total
disablement, and
b) No weekly compensation shall become payable until the total amount thereof has been
ascertained and agreed. If, nevertheless, payment be made for weekly compensation, the amount
so paid shall be deducted from any lump sum becoming claimable in respect of the same Accident.
2
The total sum payable under this Insurance in respect of any one or more Accidents shall not exceed
in all the largest sum insured under any one of the items contained in the Schedule of Compensation
or added to this Insurance by endorsement, except that the Underwriters will in addition pay Medical
Expenses.33
3.
If Item 1 of the Schedule of Compensation is not covered, then no claim shall be payable, other than
for weekly compensation and Medical Expenses, in respect of any Accident which would have given
rise to a claim under Item 1 had that item been covered.
4.
If Item 1 of the Schedule of Compensation is covered and an Accident causes the death of the
Assured within twelve months following the date of the Accident and prior to the definite settlement
of the compensation for disablement provided for under Hems 2 to 7 of the Schedule of
Compensation, there shall be paid only the compensation provided for in the case of death.
5. Compensation shall only be payable under items of the Schedule of Compensation if:
a)
Under Item 1, death occurs within twelve months of the date of the Accident,
b)
Under Items 2 to 6, Loss occurs within twelve months of the date of the Accident,
c)
Under Item 7, the Assured becomes totally disabled within twelve months of the date of the
Accident, and such disablement lasts for twelve months.
DEFINITIONS
In this Insurance:
1.
'BODILY INJURY" means identifiable physical injury which:
a)
is caused by an Accident, and
b)
solely and independently of any other cause, except illness directly resulting from, or medical or
surgical treatment rendered necessary by such injury, occasions the death or disablement of
the Assured within twelve months from the date of the Accident.
2.
'ACCIDENT' means a sudden, unexpected, unusual, specific event which occurs at an identifiable
time and place, but shall also include exposure resulting from a mishap to a conveyance in which the
Assured is travelling.
3.
TEMPORARY TOTAL DISABLEMENT' means disablement which entirely prevents the Assured
from attending to his business or occupation of any and every kind.
4.
'TEMPORARY PARTIAL DISABLEMENT' means disablement which prevents the Assured from
attending to a substantial part of his business or occupation.
5.
'PERMANENT TOTAL DISABLEMENT' means disablement which entirely prevents the Assured
from attending to any business or occupation of any and every kind and which lasts twelve months
and at the expiry of that period is beyond tope of improvement.
6.
'LOSS OF A LIMB' means loss by physical separation of a hand at or above the wrist or of a foot at
or above the ankle and includes total and irrecoverable loss of use of hand, arm or leg.
7.
'MEDICAL EXPENSES' means expenses necessarily incurred by the Assured for medical, hospital,
surgical, manipulative, massage, therapeutic, X-ray or nursing treatment, including the cost of
medical supplies and ambulance hire.
8.
'AIR TRAVEL' means being in or on or boarding an aircraft for the purpose of flying therein or
alighting therefrom following a flight.
9.
Words in the masculine gender shall include the feminine.
EXCLUSIONS
This Insurance does not cover death or disablement directly or indirectly arising out of or consequent
upon or contributed to by:
a)
war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, or military or usurped power;
b) radioactive contamination;
the Assured engaging in or taking part in
a)
naval, military or air force service or operations;
b)
winter sports (other than skating or curling)
i)
at any winter sports resort, or
ii)
anywhere outside Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or the
Republic of Ireland;
c) skin diving involving the aid of breathing apparatus, rock climbing or mountaineering normally
involving the use of ropes or guides, potholing, hang gliding, parachuting, hunting on horseback,
or driving or riding in any kind of race;
d)
driving or riding on motor cycles or motor scooters other than mopeds;
3. the Assured engaging in Air Travel except as a passenger in a properly licensed multi-engined
aircraft being operated by a licensed commercial air carrier or owned and operated by a commercial
concern;
4. suicide or attempted suicide or intentional self-injury or the Assured being in a state of insanity;
5. Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this
syndrome has been acquired or may be named;
6. deliberate exposure to exceptional danger (except in an attempt to save human life), or the Assured's
own criminal act, or the Assured being under the influence of alcohol or drugs.
CONDITIONS
1
If the Assured shall regularly engage in any occupation, sport, pastime or activity in which materially
greater risk may be incurred than disclosed in connection with this Insurance without first notifying the
Underwriters and obtaining their written agreement to the amendment of this Insurance (subject to the
payment of such additional premium as the Underwriters may reasonably require as the consideration for
such agreement), then no claim shall be payable in respect of any Accident arising therefrom.
2.
If the consequences of an Accident shall be aggravated by any condition or physical disability of the
Assured which existed before the Accident occurred, the amount of any compensation payable under this
Insurance in respect of the consequences of the Accident shall be the amount which it is reasonably
considered would have been payable if such consequences had not been so aggravated.
3.
Notice must be given to the Underwriters as soon as reasonably practicable of any Accident which
causes or may cause disablement within the meaning of this Insurance, and the Assured must as early as
possible place himself under the care of a duly qualified medical practitioner.
Notice must be given to the Underwriters as soon as reasonably practicable in the event of the death of
the Assured resulting or alleged to result from an Accident.
It is a condition precedent to Underwriters' liability to pay compensation to the Assured or his
representatives, that all medical records, notes, and correspondence referring to the subject of a claim or
a related pre-existing condition shall be made available on request to any medical adviser appointed by or
on behalf of Underwriters and that such medical adviser or advisers shall, for the purpose of reviewing the
claim, be allowed so often as may be deemed necessary to make examination of the person of the
Assured.
4.
Any fraud, concealment, or deliberate misstatement either in the proposal on which this Insurance is
based or in relation to any other matter affecting this Insurance or in connection with the making of any
claim hereunder shall render this Insurance null and void and all claims hereunder shall be forfeited.
NMA 2317 SCHEDULE (For attachment to NMA 2315 or NMA 2316)
Policy or Certificate No. /
Proposal or Declaration dated
The Assured Date of birth:
The address of the Assured
The occupation of the Assured
The period of insurance is from
to
both days inclusive and for such further period or periods as may be mutually agreed upon
SCHEDULE OF COMPENSATION
This Insurance covers in respect only of such of the following benefits as have an amount
inserted against them. Where benefits are not insured the words "NOT INCLUDED' are shown
1
Death.....................................................................................................
2
Total and Irrecoverable loss of sight of both eyes ...............................
3
Total and Irrecoverable loss of sight of one eye ..................................
4.
Loss of two limbs...................................................................................
5
Loss of one limb.....................................................................................
6
Total and Irrecoverable loss of sight of one eye and loss of one limb.
7.
Permanent Total Disablement (other than total loss of sight of one
or both eyes or loss of limb)...........................................................
8.
Temporary Total Disablement.............................................................
per week
during such disablement but not beyond ……………weeks from the date on which the Assured
first became disabled
9.
Temporary Partial Disablement..........................................................
during such disablement but not beyond ..............weeks from
the date on which the Assured first became disabled.
per week
Dated in the
K NMA 2317 (Schedule). For attachment to NMA 2315 or NMA 2316.
MEDICAL EXPENSES:
Medical Expenses incurred in respect of Items 8 or 9 will be paid in addition by the Underwriters up to but
not exceeding 15 per cent of any claim admitted under such item. However, if in respect of such Medical
Expenses the Assured shall recover any payment under any other insurance, the Underwriters hereon
shall only be liable for the difference between such recovery and the total cost of Medical Expenses
incurred, not exceeding 15 per cent of the claim admitted under Item 8 or 9 hereof.
The geographical limits of this Insurance are—anywhere in the World.
The premium
K(A) NMA 2318 LLOYD'S ACCIDENT POLICY
Whereas the Assured, with a view to effecting an insurance as hereinafter provided with the Underwriters
(as defined below), has presented from each Insured Person mentioned in the Schedule of Insured
Persons (hereinafter called an Insured Person) a separate proposal upon which the Underwriters have
determined their terms and conditions,
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the
payment to us by or on behalf of the Assured of the premium specified in the Schedule, to insure against
bodily injury in the manner and to the extent hereinafter provided.
The Underwriters, and their heirs, executors and administrators shall be liable only for their own shares of
their respective syndicate's proportion, the Underwriters having bound themselves severally and not
jointly, each for their own part, and not one for another, and in respect of their due proportion only. The
identity of each underwriting member of the syndicates shown in the Table and the amounts of their
respective shares may be ascertained by the Assured or the Assured's representative on application to
Lloyd's Policy Signing Office, quoting the Lloyd's Policy Signing Office number and date shown in the
Table.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed on behalf of each of
us.
LLOYD'S POLICY SIGNING OFFICE
General Manager
K(A) NMA 2318 (22/9/88) Form approved by Lloyd's Underwriters' Non-Marine Association.
We the Underwriters hereby agree with the Assured, to the extent and in the manner herein provided, that
if an Insured Person sustains Bodily Injury during the period of this Insurance, we will pay to the Assured,
or to the Assured's Executors or Administrators, according to the Schedule of Compensation after the
total claim shall be substantiated under this Insurance.
Provided Always That:
1. a) Compensation shall not be payable under more than one of the items of the Schedule of
Compensation in respect of the consequences of one Accident to any one Insured Person, except for
any compensation payable hereunder in respect of temporary partial disablement preceding or
following temporary total disablement, and
b) No weekly compensation shall become payable until the total amount thereof has been
ascertained and agreed. If, nevertheless, payment be made for weekly compensation, the amount so
paid shall be deducted from any lump sum becoming claimable in respect of the same Accident.
2.
The total sum payable under this Insurance in respect of any one or more Accidents to any one
Insured Person shall not exceed in all the largest sum insured under any one of the items contained
in the Schedule of Compensation or added to this Insurance by endorsement, except that the
Underwriters will in addition pay Medical Expenses.
3.
.If Item 1 of the Schedule of Compensation is not covered, then no claim shall be payable, other than
for weekly compensation and Medical Expenses, in respect of any Accident which would have given
rise to a claim under Item 1 had that item been covered.
4.
If Item 1 of the Schedule of Compensation is covered and an Accident causes the death of the
Insured Person within twelve months following the date of the Accident and prior to the definite
settlement of the compensation for disablement provided for under Items 2 to 7 of the Schedule of
Compensation, there shall be paid only the compensation provided for in the case of death.
5. Compensation shall only be payable under items of the Schedule of Compensation if:
a)
Under Item 1, death occurs within twelve months of the date of the Accident,
b)
Under Items 2 to 6, Loss occurs within twelve months of the date of the Accident,
c)
Under Item 7, the Insured Person becomes totally disabled within twelve months of the date of the
Accident, and such disablement lasts for twelve months.
DEFINITIONS
In this Insurance:
1. 'BODILY INJURY' means identifiable physical injury which:
a)
is caused by an Accident, and
b)
solely and independently of any other cause, except illness directly resulting from, or medical or
surgical treatment rendered necessary by such injury, occasions the death or disablement of the
Insured Person within twelve months from the date of the Accident.
2. 'ACCIDENT' means a sudden, unexpected, unusual, specific event which occurs at an identifiable
time and place, but shall also include exposure resulting from a mishap to a conveyance in which the
Insured Person is travelling.
3. 'TEMPORARY TOTAL DISABLEMENT' means disablement which entirely prevents the Insured
Person from attending to his business or occupation of any and every kind.
4. 'TEMPORARY PARTIAL DISABLEMENT' means disablement which prevents the Insured Person
from attending to a substantial part of his business or occupation.
5. 'PERMANENT TOTAL DISABLEMENT' means disablement which entirely prevents the Insured
Person from attending to any business or occupation of any and every kind and which lasts twelve
months and at the expiry of that period is beyond hope of improvement.
6. 'LOSS OF A LIMB' means loss by physical separation of a hand at or above the wrist or of a foot at or
above the ankle and includes total and irrecoverable loss of use of hand, arm or leg.
7. 'MEDICAL EXPENSES' means expenses necessarily incurred by the Insured Person for medical,
hospital, surgical, manipulative, massage, therapeutic, X-ray or nursing treatment, including the cost
of medical supplies and ambulance hire.
8. 'AIR TRAVEL' means being in or on or boarding an aircraft for the purpose of flying therein or
alighting therefrom following a flight.
9.
Words in the masculine gender shall include the feminine.
EXCLUSIONS
This Insurance does not cover death or disablement directly or indirectly arising out of or consequent
upon or contributed to by:
1.
war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, or military or usurped power;
2.
radioactive contamination;
3.
the Insured Person engaging in or taking part in
a)
naval, military or air force service or operations;
b)
winter sports (other than skating or curling)
c)
i)
at any winter sports resort, or
ii)
anywhere outside Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or the
Republic of Ireland;
skin diving involving the aid of breathing apparatus, rock climbing or mountaineering normally
involving the use of ropes or guides, potholing, hang gliding, parachuting, hunting on horseback,
or driving or riding in any kind of race;
d)
driving or riding on motor cycles or motor scooters other than mopeds;
4)
the Insured Person engaging in Air Travel except as a passenger in a properly licensed multiengined aircraft being operated by a licensed commercial air carrier or owned and operated by a
commercial concern;
5)
suicide or attempted suicide or intentional self-injury or the Insured Person being in a state of
insanity;
6)
Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this
syndrome has been acquired or may be named;
7)
deliberate exposure to exceptional danger (except in an attempt to save human life), or the Insured
Person's own criminal act, or the Insured Person being under the influence of alcohol or drugs.
CONDITIONS
1. If an Insured Person shall regularly engage in any occupation, sport, pastime or activity in which
materially greater risk may be incurred than disclosed in connection with this Insurance without the
Assured first notifying the Underwriters and obtaining their written agreement to the amendment of
this Insurance (subject to the payment of such additional premium as the Underwriters may
reasonably require as the consideration for such agreement), then no claim shall be payable in
respect of any Accident arising therefrom.
2. If the consequences of an Accident shall be aggravated by any condition or physical disability of the
Insured Person which existed before the Accident occurred, the amount of any compensation payable
under this Insurance in respect of the consequences of the Accident shall be the amount which it is
reasonably considered would have been payable if such consequences had not been so aggravated.
3. Notice must be given to the Underwriters as soon as reasonably practicable of any Accident which
causes or may cause disablement within the meaning of this Insurance, and the Insured Person must
as early as possible place himself under the care of a duly qualified medical practitioner.
Notice must be given to the Underwriters as soon as reasonably practicable in the event of the death
of the Insured Person resulting or alleged to result from an Accident.
It is a condition precedent to Underwriters' liability to pay compensation to the Assured or his
representatives;, that all medical records, notes, and correspondence referring to the subject of a
claim or a related pre-existing condition shall be made available on request to any medical adviser
appointed by or on behalf of Underwriters and that such medical adviser or advisers shall, for the
purpose of reviewing the claim, be allowed so often as may be deemed necessary to make
examination of the person of an Insured Person.
4.
Any fraud, misstatement or concealment by an Insured Person if unknown to the Assured either in
the proposal on which this Insurance is based or in relation to any other matter affecting this
Insurance or in connection with the making of any claim hereunder shall render this Insurance null
and void in so far as it relates to the Insured Person in question, but any such fraud, misstatement or
concealment by or known to the Assured shall render the whole Insurance null and void and all
claims hereunder shall be forfeited.
K(A) NMA 2320 SCHEDULE
Policy or Certificate No.
The Assured:
The address of the Assured
The occupation of the Assured
The period of insurance is from
to
both days inclusive and for such further period or periods as may be mutually agreed
upon
The geographical limits of this insurance are – anywhere in the World
The premium
Dated in
the
SCHEDULE OF INSURED PERSONS
NAME
Address at
Occupation
Inception of
this
Insurance
Date of birth
Date of
Proposal
Form
Capital Sum
Insured
SCHEDULE OF COMPENSATION
This Insurance covers in respect only of such of the following benefits as have an amount
inserted against them. Where benefits are not insured the words "NOT INCLUDED' are shown
1
2
3
4.
5
6
7.
8.
9.
Death.....................................................................................................
Total and Irrecoverable loss of sight of both eyes ...............................
Total and Irrecoverable loss of sight of one eye ..................................
Loss of two limbs...................................................................................
Loss of one limb.....................................................................................
Total and Irrecoverable loss of sight of one eye and loss of one limb.
Permanent Total Disablement (other than total loss of sight of one
or both eyes or loss of limb)...........................................................
Temporary Total Disablement.............................................................
during such disablement but riot beyond ..........weeks from the
date on which the Assured first became disabled
Temporary Partial Disablement..........................................................
during such disablement but not beyond ..............weeks from
the date on which the Assured first became disabled.
per week
per week
MEDICAL EXPENSES:
Medical Expenses incurred in respect of Items 8 or 9 will be paid in addition by the Underwriters up to but
not exceeding 15 per cent of any claim admitted under such item. However, if in respect of such Medical
Expenses the Assured shall recover any payment under any other insurance, the Underwriters hereon
shall only be liable for the difference between such recovery and the total cost of Medical Expenses
incurred, not exceeding 15 per cent of the claim admitted under Item 8 or 9 hereof.
K(A) NMA 2320 (Schedule)
NMA 2327 LLOYD'S ACCIDENT OR ACCIDENT AND ILLNESS PROPOSAL
FORM
BEFORE ANY QUESTION IS ANSWERED READ CAREFULLY THE DECLARATION AT THE
END OF THIS PROPOSAL, WHICH MUST BE SIGNED. EVERY QUESTION MUST BE
ANSWERED FULLY AND CORRECTLY BY THE PERSON TO BE INSURED OR ON HIS BEHALF
BY THE PROPOSER.
1. Name and address in
full of the Proposer (if
other than the Person to
be insured
Relationship to the
Person to be Insured
ALL THE FOLLOWING QUESTIONS RELATE TO THE PERSON TO BE INSURED
2. Name in full
Date of Birth
Height
Weight
3. Nature of Business or Occupation in which
you Are engaged (if more than one, state all).
If your duties are not solely of an office or
Administrative nature please give details.
4-
State period of insurance and commencement date
required.
5. What Capital Sum do you wish to insure?
£
6. Which of the following Scale of Benefits do you require?
(If none of these scales is suitable, please insert your
requirements under F)
SCHEDULE OF COMPENSATION (in percentages of the Capital Sum)
Scale of Benefits 100%
A
G
Compensation payable in respect of ACCIDENT
1. Death..
2.
Total and Irrecoverable loss of sight of both
eyes..
3.
Total and Irrecoverable loss of sight of one
eye ...........................................
4.
Loss
limbs................
5.
of
two
Loss of one limb.... ... . ...
6.
Total and Irrecoverable loss of sight of one
eye and loss of one limb..........
B
C
D
E
F
100% 100% 100% 100%
100%
100% 100% 100% 100%
100%
50%
50%
50%
50%
100%
100% 100% 100% 100%
100%
50%
50%
50%
50%
100%
100% 100% 100% 100%
100%
The Policy includes Medical Expenses up to 15% of the total amount of any claim paid for
Temporary Total or Temporary Partial Disablement, without additional premium.
7. Illness outside Europe is excluded. Therefore, if you have selected a scale of benefits which includes
illness, do you require such cover?
If 'Yes', give location(s) and duratior(s).
YES
NO
8. If you travel by air as a passenger n a properly licensed multi-engined aircraft being operated by a
licensed commercial air carrier or owned and operated by a commercial concern, please state the
approximate number of flights and anticipated destinations.
9.
Do you wish to be covered for the following risks which are NOT covered unless specifically agreed
and endorsed on your policy? IF YES, give details:
YES
NO
a) i) Winter Sports?
ii) Are competitions to be included?
b) Skin Diving involving the use of breathing apparatus?
c) Rock Climbing or Mountaineering normally involving the use of ropes or guides?
d) Potholing?
e) Hang-gliding or Parachuting?
f) Hunting on horseback?
g) Driving or riding in any kind of Race or Competition?
h) Riding Motor Cycles or Motor Scooters?
If YES, state C.C.
i) Air Travel other than as described in Question 8?
j) Any other occupation, sport, pastime or activity which is likely to involve extra risk
of accident
IF YOU HAVE TICKED ANY OF THE 'YES' BOXES GIVE FULL DETAILS BELOW
QUESTION NO. DETAILS
10. Do you suffer from defective hearing or vision?
If YES, to what extent?
YES
NO
11. Have you ever suffered from hernia, lower back strain, disc lesion or other physical defect of a
chronic or recurring nature?
If YES, give details
YES
NO
YES NO
12. Have you ever suffered from any heart condition, hypertension, varicose veins, nervous condition,
alcoholism, drug addiction or other illness or organic weakness of a chronic or recurring nature?
If YES, give details.
YES
NO
13. Have you undergone or have you any reason to believe you may need to undergo a surgical
operation? If YES, give details.
YES
NO
14. What accidents or illnesses have prevented you from attending to your business or occupation for
periods of more than 14 days during the past three years?
15. Apart from any matter you have already described, are you now in and do you generally Enjoy good
health?
YES
NO
YES
NO
16. Are you now insured against accident or illness?
If YES, with whom and for what capital amount and weekly benefits?
17. Can you confirm that the weekly benefits under all policies carried by you, including that Now applied
for, do not exceed your average weekly income?
If NO, give details
YES
NO
18. Have you ever been declined or accepted on special terms, for life, accident, or illness Insurance, or
have Lloyd's Underwriters or any Company ever cancelled or declined to Renew your policy?
If YES, give details.
YES
NO
DECLARATION
To the best of my/our knowledge and belief, the information provided in connection with this proposal,
whether in my/our own hand or not, is true and I/we have not withheld any material facts. I/We
understand that non-disclosure or misrepresentation of a material fact may entitle Underwriters to void the
insurance. (NB. A material fact is one likely to influence acceptance or assessment of this proposal by
Underwriters. If you are in any doubt as to whether a fact is material or not, you must disclose it.)
I/We understand that Underwriters will determine their terms and conditions upon the information
provided in connection with this proposal; arc! I/we further understand that the signing of this proposal
does not bind me/us to complete or Underwriters to accept this Insurance.
Signature of the Person to be Insured
(if other than Proposer)
Signature of Proposer
Date
Date
Brief details of the cover available are shown in this form. A copy of the full standard WORDING may be
seen upon application to your Broker.
If you would like a copy of this proposal form sent to you, please advise your Broker.
_________________________________________________________________
_________________________________________________________________
DEFINITIONS
'DEATH' means death within twelve months following the date of the Accident.
'BODILY INJURY' means identifiable physical injury which
a)
is sustained by the Assured during the period of this Insurance,
b)
is caused by an Accident and,
c)
solely and independently of any other cause, except illness directly resulting from, or medical or
surgical treatment rendered necessary by such injury, occasions the death or disablement of the Assured
within twelve months from the date of the Accident.
'ACCIDENT' means a sudden, unexpected, unusual, specific event which occurs at an identifiable time
and place, but also includes exposure resulting from a mishap to a conveyance in which the Assured is
travelling.
'ILLNESS' means illness of the Assured which declares itself during the period of this Insurance and
occasions the total disablement of the Assured within twelve months after declaring itself.
'TEMPORARY TOTAL DISABLEMENT' means disablement which entirely prevents the Assured from
attending to his business or occupation of any and every kind.
'TEMPORARY PARTIAL DISABLEMENT' means disablement which prevents the Assured from attending
to a substantial part of his business or occupation.
'PERMANENT TOTAL DISABLEMENT' means disablement which entirely prevents the Assured from
attending to any business or occupation of any and every kind and which lasts twelve months and at the
expiry of that period is beyond hope of improvement.
'LOSS OF A LIMB' means loss by physical separation of a hand at or above the wrist or of a foot at or
above the ankle and includes total and irrecoverable loss of use of hand, arm or leg.
'MEDICAL EXPENSES' means expenses necessarily incurred by the Assured for medical, hospital,
surgical, manipulative, massage, therapeutic, X-ray or nursing treatment, including the cost of medical
supplies and ambulance hire.
'AIR TRAVEL' means being in or on or boarding an aircraft for the purpose of flying therein or alighting
therefrom following a flight.
PRINCIPAL EXCLUSIONS
This Insurance does not cover death or disablement directly or indirectly arising out of or consequent
upon or contributed to by:
war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion,
revolution, insurrection, or military or usurped power;
radioactive contamination;
the Assured engaging in or taking part in
(a) naval, military or air force service or operations;
(b) winter sports (other than skating or curling)
i)
at any winter sports resort, or
ii)
anywhere outside Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or the
Republic of Ireland;
(c) skin diving involving the aid of breathing apparatus, rock climbing or mountaineering normally
involving the use of ropes or guides, potholing, .'rang gliding, parachuting, hunting on horseback,
or driving or riding in any kind of race;
(d) driving or riding on motor cycles or motor scooters other than mopeds;
the Assured engaging in air travel except as a passenger in a properly licensed multi-engined aircraft
being operated by a licensed commercial air carrier or owned and operated by a commercial concern;
suicide or attempted suicide or intentional self-injury or the Assured being in a state of insanity;
Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this
syndrome has been acquired or may be named;
deliberate exposure to exceptional danger (except in an attempt to save human life), or the Assured's
own criminal act, or the Assured being under the influence of alcohol or drugs.
AND in the case of ILLNESS: venereal disease; pregnancy and childbirth.
CONDITIONS
If the Assured shall regularly engage in any occupation, sport, pastime or activity in which materially
greater risk may be incurred than disclosed in connection with this Insurance without first notifying the
Underwriters and obtaining their written agreement to the amendment of this Insurance (subject to the
payment of such additional premium as the Underwriters may reasonably require as the consideration for
such agreement), then no claim shall be payable in respect of any Accident arising therefrom.
If the consequences of an Accident shall be aggravated by any condition or physical disability of the
Assured which existed before the Accident occurred, the amount of any compensation payable under this
Insurance in respect of the consequences of the Accident shall be the amount which it is reasonably
considered would have been payable if such consequences had not been so aggravated.
Notice must be given to the Underwriters as soon as reasonably practicable of any Accident or Illness
which causes or may cause disablement within the meaning of this Insurance, and the Assured must as
early as possible place himself under the care of a duly qualified medical practitioner.
Notice must be given to the Underwriters as soon as reasonably practicable in the event of the death of
the Assured resulting or alleged to result from an Accident.
It is a condition precedent to Underwriters' liability to pay compensation to the Assured or his
representatives, that all medical records, notes, and correspondence referring to the subject of a claim or
a related pre-existing condition shall be made available on request to any medical adviser appointed by or
on behalf of Underwriters and that such medical adviser or advisers shall, for the purpose of reviewing the
claim, be allowed so often as may be deemed necessary to make examination of the person of the
Assured.
Any fraud, concealment, or deliberate misstatement either in the proposal on which this Insurance is
based or in relation to any other matter affecting this Insurance or in connection with the making of any
claim hereunder shall render this Insurance mill and void and all claims hereunder shall be forfeited.
And in the case of ILLNESS this Insurance is issued on the condition that the Assured has no other
illness insurance except as specifically declared to the Underwriters at inception or agreed by them during
the period of this Insurance.
NOTE: Wherever the word Assured' appears it should be deemed to mean 'Assured or the Insured
Person as the case may be'.
NMA 2327 Form approved by Lloyd's Underwriters' Non-Marine Association
J NMA 2420 LLOYD'S POLICY
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the
payment to Us by or on behalf of the Assured of the premium specified in the Schedule, to insure against
loss, including but not limited to associated expenses specified herein, if any, to the extent and in the
manner provided in this Policy.
The Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for
another, and therefore each of the Underwriters (and his Executors and Administrators) shall be liable
only for his own share of his syndicate's proportion of any such loss and of any such expenses. The
identity of each of the Underwriters and the amount of his share may be ascertained by the Assured or
the Assured's representative on application to Lloyd's Policy Signing Office, quoting the Lloyd's Policy
Signing Office number and date shown in the Table.
Notwithstanding anything to the contrary contained herein this Policy does not cover loss, damage or
liability directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of
foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection,
military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to
property by or under the order of any government or public or local authority.
If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or
otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf
of each of Us.
LLOYD'S POLICY SIGNING OFFICE General Manager
J NMA 2420
(3.1.95) Form approved by Lloyd's Underwriters' Non-Marine Association Limited.
J(A) NMA 2421 LLOYD'S POLICY
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the
payment to Us by or on behalf of the Assured of the premium specified in the Schedule, to insure against
loss, including but not limited to associated expenses specified herein, if any, to the extent and in the
manner provided in this Policy.
The Underwriters hereby bind themselves severally and not jointly, each for his own part and rot one for
another, and therefore each of the Underwriters (and his Executors and Administrators) shall be liable
only for his own share of his syndicate's proportion of any such loss and of any such expenses. The
identity of each of the Underwriters and the amount of his share may be ascertained by the Assured or
the Assured's representative on application to Lloyd's Policy Signing Office, quoting the Lloyd's Policy
Signing Office number and date shown in the Table.
If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or
otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf
of each of Us.
LLOYD'S POLICY SIGNING OFFICE General. Manager
J(A) NMA 2421 (3.1.95) Form approved by Lloyd's Underwriters' Non-Marine Association Limited.51
SCHEDULE
Policy or Certificate No.
/
Contract No. (if any)
The name and address of the Assured
The risk, interest, location and sum insured hereunder
The Premium
The period of Insurance from
to
both days inclusive. and for such further period or periods as may be mutually agreed upon
Dated in the
J or J(A) (Schedule) NMA 2422 for attachment to NMA 2420, NMA 2421, NMA 2461 or NMA 2462
K.(USA) NMA 2584 LLOYD'S PERSONAL ACCIDENT POLICY
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached to this; Policy (hereafter referred to as 'we', 'our' and 'us') agree to pay the benefits of this
Policy to the Assured as identified in the Schedule attached hereto (hereafter referred to as 'you' and
"your') in the manner and to the extent provided in this Policy.
This Policy is issued in consideration of the application and your agreement to pay the required premium
to us. The application, Policy, Schedule and endorsements constitute the entire contract between you and
us. A copy of the Application Form, if any, is attached as part of your Policy.
We hereby bind ourselves severally and not jointly, each for our own part and not one for another, and
therefore we (and our Executors and Administrators) shall be liable only for our own shares of our
respective syndicates' proportions of any such benefits. The identity of each of us and the amounts of our
respective shares may be ascertained by you or your representative on application to Lloyd's Policy
Signing Office, quoting the Lloyd's Policy Signing Office number and date shown in the Table.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf
of each of us.
LLOYD'S POLICY SIGNING OFFICE General Manager
K.(USA) NMA 2584 (09/03/95) Form approved by Lloyd's Underwriters' Non-Marine Association Limited.
Words in bold print in this Policy have special meaning, as defined in the DEFINITIONS of this
Policy.
IMPORTANT NOTICE - THIS POLICY DOES NOT PROVIDE SICKNESS INSURANCE
INSURING AGREEMENT
We will pay you the benefits you have selected from Parts I and II, as stated in the Schedule, for a loss
resulting from Bodily Injury caused by an Accident, which Accident occurs during the Term of
Insurance stated in the Schedule. The total amount payable under this Policy as the result of one or more
Accidents shall not exceed the amount corresponding to the largest single benefit stated in the Schedule
for the coverage you have selected.
PART I
ACCIDENTAL DEATH, ACCIDENTAL LOSS OF LIMB OR SIGHT AND ACCIDENTAL
PERMANENT TOTAL DISABILITY
We will pay you the benefit per Accident as stated in the Schedule, subject to the limitations set forth in
the Insuring Agreement, if you suffer any of the following losses as a result of Bodily Injury:
1. Death;
2. Loss of sight of both eyes;
3. Loss of sight of one eye;
4. Loss of limit, involving two or more limbs;
5. Loss of limb, involving only one limb;
6. Loss of sight of one eye and Loss of limb, involving only one limb;
7. Permanent Total Disability.
We will pay you the benefit for a loss resulting from Bodily Injury for Items 2 through 6 only if you survive
the loss for 30 days after the Accident.
PART II
ACCIDENTAL TEMPORARY TOTAL DISABILITY
We will pay you this benefit as stated in the Schedule only where Temporary Total Disability is caused
by Bodily Injury. This benefit will be payable from the date on which your disability first commenced and
each and every disability will be subject to any applicable Elimination Period as stated in the Schedule.
This benefit will be payable for the duration of your disability, but will not exceed the maximum number of
weeks as stated in the Schedule, regardless of the number of Accidents.
BENEFIT LIMITATION
1.
The total amount payable to you under Part I is limited to the largest single benefit per Accident for
which you are eligible under Part I.
2.
If you suffer a loss under both Part I and Part II:
(a) the total amount payable to you per Accident shall not exceed the largest single benefit for which
you are eligible under Part I or Part II; and
(b) benefits which you have received or are payable to you under Part II as a result of the same
Accident will be deducted from the largest single benefit for which you are eligible under Part I.
3.
The total amount payable under this Policy as the result of one or more Accidents shall not exceed
the amount corresponding to the largest single benefit stated in the . Schedule for the coverage you
have selected.
DEFINITIONS
1.
'BODILY INJURY means identifiable physical injury caused by an Accident. Any injury is a bodily
injury only if it results, within 365 days of the date of the Accident and directly and independently of
all other causes, in loss for which a benefit is payable under this Policy.
2.
'ACCIDENT' (or 'ACCIDENTAL') means a sudden and unexpected event which occurs at an
identifiable time and place.
This shall also include:
(a)
or
exposure to the elements following an accident to a means of transport in which you are travelling,
(b)
your disappearance and your body not being found within 365 days and there being sufficient
evidence to lead us to the conclusion that you sustained Bodily Injury which caused your death.
However, in the event of your subsequently being found to be alive;, any sums which we have paid shall
be refunded.
3.
'LOSS OF SIGHT' means total and irrecoverable loss of sight.
4.
'LOSS OF LIMB' means loss by complete and permanent severance of:
(a)
a hand at or above the wrist;
(b)
a foot at or above the ankle.
5.
'PERMANENT TOTAL DISABILITY* means that you are totally disabled from undertaking all
the material duties of any business or occupation for which you arc reasonably fitted by
training, education or experience for a continuous period of 365 days and, at the expiration of
the 365 day period, it is reasonably certain that such disability will persist throughout your
lifetime.
6.
'TEMPORARY TOTAL DISABILITY' means that you are totally disabled from undertaking all
the material duties of your normal occupation for which you were receiving remuneration at
the time of the Accident and, throughout the period of your disability, remain under the
prudent care of a licensed physician.
7.
'ELIMINATION PERIOD' means the number of days from the commencement of Temporary
Total Disability during which no benefit is payable.
8.
'AIR TRAVEL' means travel by you as a passenger riding in, or boarding or disembarking
from any aircraft with a current and valid standard airworthiness certificate. The aircraft must
be operated by a pilot with a current and valid pilot's certificate with a proper rating to pilot
such aircraft.
AIR TRAVEL' does not include your acting as a pilot, student pilot or crew member on any aircraft or your
having duties on or relating to the aircraft or flight.
EXCLUSIONS
This Policy does not cover Bodily Injury directly or indirectly caused by, contributed to by, or resulting
from:
1.
sickness or disease (except bacterial infection arising from Bodily Injury) or mental infirmity or
emotional or psychological trauma;
2.
war, whether declared or not or any act of war or civil war;
3.
your taking part in Armed Forces service or operations except for Air Travel as defined in this Policy;
4.
riding or driving in any kind of race;
5.
travel or flight in any aircraft or aerial device except for Air Travel as defined in this Policy;55
6.
suicide, self-destruction, attempted suicide or self-destruction, or intentionally self-inflicted injury,
while sane or insane;
7.
(a) any drug taken, administered or injected, except on the advice of or as directed by a licensed
physician;
(b) any alcoholic beverage consumed by you to the level of intoxication;
(c) any poison, chemical compound, gas or fumes voluntarily taken, administered, absorbed or
inhaled;
8.
your committing or attempting to commit a criminal act;
9.
your voluntary exposure to unnecessary danger (except in an attempt to save human life).
CONDITIONS AND GENERAL TERMS
1.
We will not be bound by an assignment either of this Policy or of any claim under this Policy unless;
we receive written assignment before we pay the benefits claimed. We will not be responsible for the
validity of any assignment.
2.
Notice of any change in your occupation must be given to us as soon as practicable. We will
acknowledge such change of occupation in writing and make whatever change in Policy conditions
and terms we may require.
Failure to notify us of such change of occupation may result in a reduction of benefit as a result of
any Accident arising out of or in the course of that occupation.
3.
Written notice of a claim must be given to us within 30 days after an Accident which causes or may
cause a loss covered by this Policy, or as soon thereafter as reasonably possible. Notice given by
you or your representative to our representative as stated in the Schedule, with sufficient information
to identify you as the Assured and a brief description of the Accident, shall be deemed notice to us.
We will send you or your representative proof of loss forms after we have received written notice of a
claim.
4.
Proof of loss forms must be completed and given to us within 90 days of the Accident.
5.
We, at our expense, following notice of a claim, have the right to have you examined by a physician
or vocational expert of our choice. This right may be exercised as often as reasonably required. In
the event of your death, we have the right to have your body examined and to have an autopsy
performed unless prohibited by law.
6.
We reserve the right not to make payment on a claim if:
(a)
a false statement or omission in your application for this Policy would have materially affected our
decision to issue you this coverage for the premium and on the terms described in this Policy;
(b) in the Halting of any claim hereunder, there shall be any fraud, misstatement or concealment by
you.
7.
All benefit payments under this Policy will be made in the United States of America in the currency of
the United States of America.
8.
No action on this Policy may be brought until sixty (60) days after written proof of loss has been given
to us, and any action must be started within three (3) years of the date the written proof is required to
be submitted. If the law of the state where you reside makes this time limit void, then an action must
begin within the shortest time permitted by law.
9.
In the event of our failure to pay any amount claimed to be due under this Policy, at your request or
the request of your representative, we will submit to the jurisdiction of a Court of competent
jurisdiction within the United States of America. Nothing in this paragraph constitutes or should be
understood to constitute a waiver of our right to commence an action in any Court of competent
jurisdiction in the United States, to remove an action to a United States District Court, or to seek a
transfer of a case to another Court as permitted by the laws of the United States or of any State in
the United States. In any suit instituted against us on this Policy, we will abide by the final decision of
the Court or of the Appellate Court in the event of an appeal.
Our representative named in the Schedule is authorized and directed to accept service of process on
our behalf in any such suit and, upon your request or the request of your representative, to give a
written undertaking to you that he or she will enter a general appearance on our behalf.
Further, pursuant to the statute of any state, territory or district of the United States which so
provides, we designate the Superintendent, Commissioner, or Director of Insurance or other officer
specified for that purpose in the statute, or his successor or successors in office, as our true and
lawful attorney upon whom may be served lawful process in an action arising out of this Policy
instituted by you or on your behalf. We designate our representative named in the Schedule to whom
the officer is authorized to serve process.
10. If, on the effective date of this Policy, any provision in it conflicts with the laws of any State which are
applicable to this Policy, that provision is amended to meet the minimum requirements of such laws.
NMA 2584 (9/3/95)
NMA 2586 THE SCHEDULE
_______________________________________________________________________________
THIS SCHEDULE PAGE IS A PART OF YOUR POLICY, IT SUPERSEDES AND REPLACES ANY
SCHEDULE BEARING AN EARLIER EFFECTIVE DATE
_______________________________________________________________________________
Policy Certificate No: (Response)
________________________________________________________________________________
Name of Assured:
(Response)
Assured's Address:
(Response)
Assured's Occupation:
(Response)
Date of written application:
(Response)
Beneficiary in the event of death:
(Response)
__________________________________________________________________________
The Term of Insurance is from (Response) (effective date) to (Response) both days (Response)
___________________________________________________________________________
BENEFITS COVERED
This Policy provides cover only in respect of such of the following benefits as have an amount inserted
against them. Where no such amount is set forth or the words 'NOT COVERED' are inserted, no
insurance is provided.
PART I: ACCIDENTAL DEATH, ACCIDENTAL LOSS OF LIMB OR
SIGHT AND ACCIDENTAL PERMANENT TOTAL DISABILITY
1. Death
(Response)
2. Loss of sight of both eyes
(Response)
3. Loss of sight of one eye
(Response)
4. Loss of limb, involving two or more limbs
5. Loss of limb, involving only one limb
(Response)
(Response)
6. Loss of sight of one eye and Loss of limb,
involving only one limb
(Response)
7. Permanent Total Disability
(Response)
________________________
__________________________________________________________________________
PART II: ACCIDENTAL TEMPORARY TOTAL DISABILITY (Response) (per week)
payable during such Temporary Total Disability up to a maximum of (Response) weeks and after an
Elimination Period of the first (Response) days of disability. This part shall not pay benefits for more
than (Response) weeks regardless of the number of Accidents.
GEOGRAPHICAL LIMITS:
(Response)
____________________________________________________________________________________
_
PREMIUM:
(Response)
____________________________________________________________________________________
_
Notice of Claim and Proof of Loss to be given to:
Name:
(Response)
Address:
(Response)
____________________________________________________________________________________
Service of Process to be given to:
Name:
(Response)
Address:
(Response)
____________________________________________________________________________________
Dated in London: (Response)
(Response)
K (USA) NMA 2586 FOR ATTACHMENT TO NMA 2584.
K(A)(USA) NMA 2587 LLOYD'S PERSONAL ACCIDENT POLICY
K(A)(USA) NMA 2587 (09/03/95)
We, Underwriting Members of the syndicates whose definitive numbers and proportions are shown in the
Table attached to this Policy (hereafter referred to as 'we', 'our' and 'us') agree to pay the benefits of this
Policy to the Assured as identified in the Schedule attached hereto (hereafter referred to as 'you' and
'your') in the manner and to the extent provided in this Policy.
This Policy is issued in consideration of the application and your agreement to pay the required premium
to us. The application, Policy, Schedule and endorsements constitute the entire contract between you and
us. A copy of the Application Form, if any, is attached as part of your Policy.
We hereby bind ourselves severally and not jointly, each for our own part and not one for another, and
therefore we (and our Executors and Administrators) shall be liable only for our own shares of our
respective syndicates' proportions of any such benefits. The identity of each of us and the amounts of our
respective shares may be ascertained by you or your representative on application to Lloyd's Policy
Signing Office, quoting the Lloyd's Policy Signing Office number and date shown in the Table.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf
of each of us.
LLOYD'S POLICY SIGNING OFFICE General Manager
K(A)(USA) NMA 2587 (09/03/95) Form approved by Lloyd's Underwriters' Non-Marine Association
Limited.
Words in bold print in this Policy have special meaning, as defined in the DEFINITIONS of this
Policy.
IMPORTANT NOTICE - THIS POLICY DOES NOT PROVIDE SICKNESS INSURANCE.
INSURING AGREEMENT
We will pay you the benefits you have selected from Parts I and II, as stated in the Schedule, for a loss
sustained by an Insured Person resulting from Bodily Injury caused by an Accident, which Accident
occurs during the Term of Insurance as stated in the Schedule. The total amount payable under this
Policy as the result of one or more Accidents shall not exceed the amount corresponding to the largest
single benefit as stated in the Schedule for the coverage you have selected.60
PART I
ACCIDENTAL DEATH, ACCIDENTAL LOSS OF LIMB OR SIGHT AND ACCIDENTAL
PERMANENT TOTAL DISABILITY
We will pay you the benefit per Accident as stated in the Schedule, subject to the limitations set forth in
the Insuring Agreement, if an Insured Person suffers any of the following losses as a result of Bodily
Injury:
1.
Death;
2.
Loss of sight of both eyes;
3.
Loss of sight of one eye;
4.
Loss of limb, involving two or more limbs;
5.
Loss of limb, involving only one limb;
6.
Loss of sight of one eye and Loss of limb, involving only one limb;
7.
Permanent Total Disability.
We will pay you the benefit for a loss resulting from Bodily Injury for Items 2 through 6 only if the
Insured Person sustaining such Bodily Injury survives the loss for 30 days after the Accident.
PART II
ACCIDENTAL TEMPORARY TOTAL DISABILITY
We will pay you this benefit as stated in the Schedule only where Temporary Total Disability is caused
by Bodily Injury. This benefit will be payable from the date on which the Insured Person's disability first
commenced and each and every disability will be subject to any applicable Elimination Period as stated
in the Schedule. This benefit will be payable for the duration of the Insured Person's disability, but will
not exceed the maximum number of weeks as stated in the Schedule, regardless of the number of
Accidents.
BENEFIT LIMITATION
1.
The total amount payable to you under Part I is limited to the largest single benefit per Accident for
which you are eligible under Part I.
2.
If an Insured Person suffers a loss under both Part I and Part II:
3.
a)
the total amount payable to you per Accident shall not exceed the largest single benefit for which
you are eligible under Part I or Part II; and
b)
benefits which you have received or are payable to you under Part II as a result of the same
Accident will be deducted from the largest single benefit for which you are eligible under Part I.
The total amount payable under this Policy as the result of one or more Accidents shall not exceed
the amount corresponding to the largest single benefit as stated in the Schedule for the coverage you
have selected.
DEFINITIONS
1.
'BODILY INJURY' means identifiable physical injury caused by an Accident. Any injury is a bodily
injury only if it results, within 365 days of the date of the Accident and directly and independently of
all other causes, in loss for which a benefit is payable under this Policy.
2.
'ACCIDENT' (or 'ACCIDENTAL') means a sudden and unexpected event which occurs at an
identifiable time and place.61
This shall also include:
(a) exposure to the elements following an accident to a means of transport in which the Insured
Person is travelling, or
(b) the Insured Person's disappearance and his/her body not being found within 365 days and there
being sufficient evidence to lead us to the conclusion that the Insured Person sustained Bodily
Injury which caused his/her death. However, in the event of the Insured Person subsequently
being found to be alive, any sums which we have paid shall be refunded.
3.
'LOSS OF SIGHT' means total and irrecoverable loss of sight.
4.
'LOSS OF LIMB' means loss by complete and permanent severance of:
(a)
a hand at or above the wrist;
(b)
a foot .it or above the ankle.
5.
'PERMANENT TOTAL DISABILITY means that the Insured Person is totally disabled from
undertaking all the material duties of any business or occupation for which the Insured Person is
reasonably fitted by training, education or experience for a continuous period of 365 days and, at the
expiration of the 365 day period, it is reasonably certain that such disability will persist throughout the
Insured Person's lifetime.
6.
"TEMPORARY TOTAL DISABILITY" means that the Insured Person is totally disabled from
undertaking all the material duties of the Insured Person's normal occupation for which the Insured
Person was receiving remuneration at the time of the Accident and, throughout the period of such
disability, remains under the prudent care of a licensed physician.
7.
'ELIMINATION PERIOD' means the number of days from the commencement of Temporary Total
Disability during which no benefit is payable.
8.
'AIR TRAVEL' means travel by an Insured Person as a passenger riding in, or boarding or
disembarking from any aircraft with a current and valid standard airworthiness certificate. The aircraft
must be operated by a pilot with a current and valid pilot's certificate with a proper rating to pilot such
aircraft.
'AIR TRAVEL' does not include an Insured Person acting as a pilot, student pilot or crew member on
any aircraft or the Insured Person having duties on or relating to the aircraft or flight.
9.
'INSURED PERSON(S)' means the person(s) named in the Schedule under INSURED PERSONS
AND BENEFITS COVERED.
EXCLUSIONS
This Policy does not cover Bodily Injury sustained by an Insured Person directly or indirectly caused
by, contributed to by, or resulting from:
1. sickness or disease (except bacterial infection arising from Bodily Injury) or mental infirmity or
emotional or psychological trauma;
2. war, whether declared or not, or any act of war or civil war;
3. an Insured Person taking part in Armed Forces service or operations except for Air Travel as
defined in this Policy;
4. riding or driving in any kind of race;
5. travel or flight in any aircraft or aerial device except for Air Travel as defined in this Policy;
6. suicide, self-destruction, attempted suicide or self-destruction, or intentionally self-inflicted injury,
while sane or insane;
7.
(a) any drug taken, administered or injected, except on the advice of or as directed by a licensed
physician;
(a) any alcoholic beverage consumed by an Insured Person to the level of intoxication;
(b) any poison, chemical compound, gas or fumes voluntarily taken, administered, absorbed or
inhaled;
(c) commission of or the attempted commission of a criminal act by an Insured Person;
8.
voluntary exposure to unnecessary danger (except in an attempt to save human life).
CONDITIONS AND GENERAL TERMS
(b) We will not be bound by an assignment either of this Policy or of any claim under this Policy
unless we receive written assignment before we pay the benefits claimed. We will not be
responsible for the
2. Notice of any change in the Insured Person's occupation must be given to us as soon as
practicable. We will acknowledge such change of occupation in writing and make whatever change in
Policy conditions and terms we may require.
Failure to notify us of such change of occupation may result in a reduction of benefit as a result of
any Accident arising out of or in the course of that occupation.
3.
Written notice of a claim must be given to us within 30 days after an Accident which causes or may
cause a loss covered by this Policy, or as soon thereafter as reasonably possible. Notice given by
you or your representative to our representative as stated in the Schedule, with sufficient information
to identify the Insured Person and a brief description of the Accident, shall be deemed notice to us.
We will send you or your representative proof of loss forms after we have received written notice of a
claim.
4. Proof of loss forms must be completed and given to us within 90 days of the Accident.
5. We, at our expense, following notice of a claim, have the right to have the Insured Person examined
by a physician or vocational expert of our choice. This right may be exercised as often as reasonably
required. In the event of such Insured Person's death, we have the right to have his/her body
examined and an autopsy performed unless prohibited by law.
6. We reserve the right not to make payment on a claim if:
a)
a false statement or omission in your application for this Policy would have materially affected our
decision to issue you this coverage for the premium and on the terms described in this Policy;
b)
in the making of any claim hereunder, there shall be any fraud, misstatement, concealment or
criminal act by you or the Insured Person.
7. All benefit payments under this Policy will be made in the United States of America in the currency of
the United States of America.
8. No action on this Policy may be brought until sixty (60) days after written proof of loss has been given
to us, and any action must be started within three (3) years of the date the written proof is required to
be submitted. If the law of the state where you reside makes this time limit void, then an action must
begin within the shortest time permitted by law.
9. In the event of our failure to pay any amount claimed to be due under this Policy, at your request or
the request of your representative, we will submit to the jurisdiction of a Court of competent
jurisdiction within the United States of America. Nothing in this paragraph constitutes or should be
understood to constitute a waiver of our right to commence an action in any Court of competent
jurisdiction in the United States, to remove an action to a United States District Court, or to seek a
transfer of a case to another Court as permitted by the laws of the United States or of any State in the
United States. Service of process in any suit instituted against us on this Policy shall be made upon
our representative named in the Schedule and we will abide by the final decision of the Court or of
the Appellate Court in the event of an appeal.
Our representative referred to above is authorized and directed to accept service of process on our
behalf in any such suit and, upon your request or the request of your representative, to give a written
undertaking to you that he or she will enter a general appearance on our behalf.
Further, pursuant to the statute of any state, territory or district of the United States which so
provides, we designate the Superintendent, Commissioner, or Director of Insurance or other officer
specified for the purpose in the statute, or his successor or successors in office, as our true and
lawful attorney upon whom may be served lawful process in an action arising out of this Policy
instituted by you or on your behalf. We designate our representative named in the Schedule to whom
the officer is authorized to serve process
10. If, on the effective date of this Policy, any provision in it conflicts with the laws of any State which are
applicable to this Policy, that provision is amended to meet the minimum requirements of such laws.
K(A) (USA) NMA 2587
(09/03/95)
K(A)(USA) NMA 2588 LLOYD'S PERSONAL ACCIDENT CERTIFICATE
This Certificate is issued in accordance with the limited authorization granted to the undersigned
correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and proportions can
be ascertained from the office of the said correspondent and who hereby agree to pay the benefits of this
Certificate to the Assured, as identified in the Schedule attached hereto, in the manner and to the extent
provided in this Certificate. Such Underwriters are hereafter referred to as 'we', 'our' and 'us' and such
Assured is hereafter referred to as 'you' and 'your'.
This Certificate is issued in consideration of the application and your agreement to pay the required
premium to us. The application, Certificate, Schedule and endorsements constitute the entire contract
between you and us. A copy of the Application Form, if any, is attached as part of your Certificate.
We hereby bind ourselves severally and not jointly, each for our own part and not one for another, and
therefore we (and our Executors and Administrators) shall be liable only for our own shares of our
respective syndicates' proportions of any such benefits.
In Witness whereof this Certificate has been signed at
by
K(A)(USA) NMA 2588 (09/03/95)
Limited.
Form approved by Lloyd's Underwriters' Non-Marine Association
Words in bold print in this Certificate have special meaning, as defined in the DEFINITIONS of this
Certificate.
IMPORTANT NOTICE - THIS CERTIFICATE DOES NOT PROVIDE SICKNESS INSURANCE.
INSURING AGREEMENT
We will pay you the benefits you have selected from Parts I and II, as stated in the Schedule, for a loss
sustained by an Insured Person resulting from Bodily Injury caused by an Accident, which Accident
occurs during the Term of Insurance stated in the Schedule. The total amount payable under this
Certificate as the result of one or more Accidents shall not exceed the amount corresponding to the
largest single benefit stated in the Schedule for the coverage you have selected.
PART I ACCIDENTAL DEATH, ACCIDENTAL LOSS OF LIMB OR SIGHT AND ACCIDENTAL
PERMANENT TOTAL DISABILITY
We will pay you the benefit per Accident as stated in the Schedule, subject to the limitations set forth in
the Insuring Agreement, if an Insured Person suffers any of the following losses as a result of Bodily
Injury:
1. Death;
2. Loss of sight of both eyes;
3. Loss of sight of one eye;
4. Loss of limb, involving two or more limbs;
5. Loss of limb, involving only one limb;
6. Loss of sight of one eye and Loss of Limb, involving only one limb;
7. Permanent Total Disability.
We will pay you the benefit for a loss resulting from Bodily Injury for Items 2 through 6 only if the
Insured Person sustaining such Bodily Injury survives the loss for 30 days after the Accident.
.
PART II
ACCIDENTAL TEMPORARY TOTAL DISABILITY
We will pay you this benefit as stated in the Schedule only where Temporary Total Disability is caused
by Bodily Injury. This benefit will be payable from the date on which the Insured Person's disability first
commenced and each and every disability will be subject to any applicable Elimination Period as stated
in the Schedule. This benefit will be payable for the duration of the Insured Person's disability, but will
not exceed the maximum number of weeks as stated in the Schedule, regardless of the number of
Accidents.
BENEFIT LIMITATION
1. The total amount payable to you under Part I is limited to the largest single benefit per Accident for
which you are eligible under Part I.
2. If an Insured Person suffers a loss under both Part I and Part II:
a)
the total amount payable to you per Accident shall not exceed the largest single benefit for which
you are eligible under Part I or Part II; and
b)
benefits which you have received or are payable to you under Part II as a result of the same
Accident will be deducted from the largest single benefit for which you are eligible under Part I.
3. The total amount payable under this Certificate as the result of one or more Accidents shall not
exceed the amount corresponding to the largest single benefit as stated in the Schedule for the
coverage you have selected.
DEFINITIONS
1. 'BODILY INJURY* means identifiable physical injury caused by an Accident. Any injury is a bodily
injury only if it results, within 365 days of the date of the Accident and directly and independently of all
other causes in loss for which a benefit is payable under this Certificate.
2. 'ACCIDENT' (or 'ACCIDENTAL') means a sudden and unexpected event which occurs at an
identifiable time and place.
This shall also include:
a)
exposure to the elements following an accident to a means of transport in which the Insured
Person is travelling, or
b)
the Insured Person's disappearance and his/her body not being found within 365 days and there
being sufficient evidence to lead us to the conclusion that the Insured Person sustained Bodily
Injury which caused his/her death. However, in the event of the Insured Person subsequently
being found to be alive, any sums which we have paid shall be refunded.
3. 'LOSS OF SIGHT' means total and irrecoverable loss of sight.
4. 'LOSS OF L1.MB' means loss by complete and permanent severance of:
(a)
a hand at or above the wrist;
(b)
a foot at or above the ankle.
5. 'PERMANENT TOTAL DISABILITY' means that the Insured Person is totally disabled from
undertaking all the material duties of any business or occupation for which the Insured Person is
reasonably fitted by training, education or experience for a continuous period of 365 days and, at the
expiration of the 365 day period, it is reasonably certain that such disability will persist throughout the
Insured Person's lifetime.
1.
'TEMPORARY TOTAL DISABILITY' means that the Insured Person is totally disabled from
undertaking all the material duties of the Insured Person's normal occupation for which you were
receiving remuneration at the time of the Accident and, throughout the period of such disability,
remains under the prudent care of a licensed physician.
2.
'ELIMINATION PERIOD' means the number of days from the commencement of Temporary Total
Disability during which no benefit is payable.
3.
'AIR TRAVEL' means travel by an Insured Person as a passenger riding in, or boarding or
disembarking from any aircraft with a current and valid standard airworthiness certificate. The aircraft
must be operated by a pilot with a current and valid pilot's certificate with s proper rating to pilot such
aircraft.
'AIR TRAVEL does not include an Insured Person acting as a pilot, student pilot or crew member
on any aircraft or the Insured Person having duties on or relating to the aircraft or flight.
4.
'INSURED PERSON(S)' means the person(s) named in the Schedule under INSURED PERSONS
AND BENEFITS COVERED
EXCLUSIONS
This Certificate does not cover Bodily Injury sustained by an Insured Person directly or indirectly
caused by, contributed to by, or resulting from:
1. sickness or disease (except bacterial infection arising from Bodily Injury) or mental infirmity or
emotional or psychological trauma;
2. war, whether declared or not, or any act of war or civil war;
3. an Insured Person taking part in Armed Forces service or operations except for Air Travel as
defined in this Certificate;
4. riding or driving in any kind of race;
5. travel or flight in any aircraft or aerial device except for Air Travel as defined in this Certificate;
6. suicide, self-destruction, attempted suicide or self destruction, or intentionally self-inflicted injury,
while sane or insane;
7. (a) any drug taken, administered or injected, except on the advice of or as directed by a licensed
physician;
(a) any alcoholic beverage consumed by an Insured Person to the level of intoxication;
(b) any poison, chemical compound, gas or fumes voluntarily taken, administered, absorbed or
inhaled;
8. commission of or the attempted commission of a criminal act by an Insured Person;
9. voluntary exposure to unnecessary danger (except in an attempt to save human life).
CONDITIONS AND GENERAL TERMS
1. We will not be bound by an assignment either of this Certificate or of any claim under this Certificate
unless we receive written assignment before we pay the benefits claimed. We will not be responsible
for the validity of any assignment.
2.
Notice of any change in the Insured Person's occupation must be given to us as soon as
practicable. We will acknowledge such change of occupation in writing and make whatever
change in Policy conditions and terms we may require.
Failure to notify us of such change of occupation may result in a reduction of benefit as a result of
any Accident arising out of or in the course of that occupation.
3. Written notice of a claim must be given to us within 30 days after an Accident which causes or may
cause a loss covered by this Certificate, or as soon thereafter as reasonably possible. Notice
given by you or your representative to our representative as stated in the Schedule, with sufficient
information to identify the Insured Person and a brief description of the Accident, shall be deemed
notice to us. We will send you or your representative proof of loss forms after we have received
written notice of a claim.
4. Proof of loss forms must be completed and given to us within 90 days of the Accident.
5.
We, at our expense, following notice of a claim, have the right to have the Insured Person
examined by a physician or vocational expert of our choice. This right may be exercised as often
as reasonably required. In the event of such Insured Person's death, we have the right to have
his/her body examined and to have an autopsy performed unless prohibited by law.
6. We reserve the right not to make payment on a claim if:
(a) a false statement or omission in your application for this Certificate would have materially affected
our decision to issue you this coverage for the premium and on the terms described in this
Certificate;
(b) in the making of any claim hereunder, there shall be any fraud, misstatement, concealment or
criminal act by you or the Insured Person.
7. All benefit payments under this Certificate will be made in the United States of America in the
currency of the United States of America.
8. No action on this Certificate may be brought until sixty (60) days after written proof of loss has been
given to us, and any action must be started within three (3) years of the date the written proof is
required to be submitted. If the law of the state where you reside makes this time limit void, then
an action must begin within the shortest time permitted by law.68
9. In the event of our failure to pay any amount claimed to be due under this Certificate, at your
request or the request of your representative, we will submit to the jurisdiction of a Court of
competent jurisdiction within the United States of America. Nothing in this paragraph constitutes
or should be understood to constitute a waiver of our right to commence an action in any Court of
competent jurisdiction in the United States, to remove an action to a United States District Court,
or to seek a transfer of a case to another Court as permitted by the laws of the United States or of
any State in the United States. Service of process in any suit instituted against us on this
Certificate shall be made upon our representative named in the Schedule and we will abide by the
final decision of the Court or of the Appellate Court in the event of an appeal.
Our representative referred to above is authorized and directed to accept service of process on
our behalf in any such suit and, upon your request or the request of your representative, to give a
written undertaking to you that he or she will enter a general appearance on our behalf.
Further, pursuant to the statute of any state, territory or district of the United States which so
provides, we designate the Superintendent, Commissioner, or Director of Insurance or other
officer specified for the purpose in the statute, or his successor or successors in office, as our true
and lawful attorney upon whom may be served lawful process in an action arising out of this
Certificate instituted by you or on your behalf. We designate our representative named in the
Schedule to whom the officer is authorized to serve process.
10. If, on the effective date of this Certificate, any provision in it conflicts with the laws of any State
which are applicable to this Certificate, that provision is amended to meet the minimum
requirements of such laws.
K(A)(USA) NMA 2588 (09/03/95)
NMA 2589 SCHEDULE
THESE SCHEDULE PAGES ARE A PART OF YOUR POLICY/CERTIFICATE. THEY SUPERSEDE AND
REPLACE ANY SCHEDULE BEARING AN EARLIER EFFECTIVE DATE.
__________________________________________________________________________________
Policy/Certificate No.
__________________________________________________________________________________
Name of Assured
Assured's Address
__________________________________________________________________________________
The Term of Insurance is from
(effective date) to
both days at 12:01 a.m. local standard time at the Assured's Address specified above, and for
further periods, if any, as specified by endorsement to this Insurance.
___________________________________________________________________________________
BENEFITS COVERED
This Policy/Certificate provides cover only in respect of such of the following benefits as have an amount
or percentage of the Principal Sum inserted against them, either in 'Benefits Covered' or 'Insured Persons
and Benefits Covered'. Where no such amount or benefit is set forth or the words NOT COVERED' are
inserted, no insurance is provided.
PART I: ACCIDENTAL DEATH, ACCIDENTAL LOSS OF LIMB OR SIGHT AND ACCIDENTAL
PERMANENT TOTAL DISABILITY
Percentage of the Principal Sum
(maximum 100%)
1. Death ........................................................................................
%
2. Loss of sight of both eyes ...........................................................
%
3. Loss of sight of one eye .............................................................
%
4. Loss of limb, involving two or more limbs .....................................
%
4. Loss of limb, involving only one limb ...........................................
%
6. Loss of sight of one eye and Loss of limb, involving only one limb...
%
7. Permanent Total Disability .....................................................
%
PART II: ACCIDENTAL TEMPORARY TOTAL DISABILITY
The amount payable per week during such Temporary Total Disability up to a maximum of 52 weeks
and after the Elimination Period as stated in the Schedule. This part shall not pay benefits for more than
52 weeks any one Insured Person regardless of the number of Accidents.
__________________________________________________________________________________
GEOGRAPHICAL LIMITS
WORLDWIDE
PREMIUM $
______________________________________________________________________
Notice of Claim and Proof of Loss to be given to:
Name
Address
___________________________________________________________________________________
Service of Process to be given to:
Name
Address
___________________________________________________________________________________
Dated in
the
___________________________________________________________________________________
K(A)(USA) (Schedule) NMA 2589 FOR ATTACHMENT TO NMA 2587 OR NMA 2588
____________________________________________________________________________________
INSURED PERSONS AND BENEFITS COVERED
This Policy/Certificate provides cover only in respect of such of the benefits as have an amount or
percentage of the Principal Sum inserted against them. Where no such amount or percentage is set forth
or the words 'NOT COVERED' are inserted, no insurance is provided.
TEMPORARY TOTAL
DISABILITY
Name
Address
Occupation
Date of
Written
application
Principal
Sum
US$
Amount per Elimination
week US$ Period (days)