• Need Free Consultation?
Schedule A Call

TALK TO US TODAY

+233 (0)25 795 7963

Terms and Conditions

TERMS, EXCEPTIONS & CONDITIONS FOR MOTOR POLICY

Whereas the insured by a declaration dated as stated in the Policy Schedule which shall be the basis of this contract and is deemed to be incorporated herein has applied to the platform for the insurance hereinafter contained and has paid the premium mentioned in the schedule as consideration for such insurance in respect of accidental loss or damage occurring during the period of insurance.

Now This Policy Witnesses:

That in respect of accidental loss or damage occurring during the period of insurance whilst insured vehicle is in a public place or garaged or on any premises owned by or in the occupation of the insured and subject to the Terms Exceptions and Conditions contained herein or endorsed or expressed hereon,

Section I

LOSS OF/ DAMAGE TO THE VEHICLE INSURED

The Insurer will indemnify the insured against loss or damage to the vehicle insured hereunder and/or its accessories whilst thereon by:

  • Fire explosion self ignition or lightning
  • Burglary housebreaking or theft
  • Riot and strike
  • Earthquake (fire and shock damage)
  • Flood typhoon hurricane storm tempest inundation
  • Cyclone hailstorm frost
  • Malicious act
  • Terrorist activity
  • Whilst in transit by road, rail, inland waterway, lift, elevator or air
  • Landslide/rockslide

Deduction

There will be ddeduction for depreciation by the Insurer in respect of new for old replacement parts.

The INSURER shall not be liable to make any payment in respect of:

  • Consequential loss, depreciation, wear and tear
  • Mmechanical or electrical breakdown, failures or breakage’s
  • Damage caused by overloading or strain
  • Damage to tyres and tubes unless the vehicle insured is damaged at the same time in which case the liability of the INSURER is limited to 50% of the cost of the replacement
  • Accidental loss or damage suffered whilst the insured or any person driving the vehicle with the knowledge and consent of the insured is under the influence of intoxicating liquor or drugs.

In the event of the insured vehicle being disabled for repairs by reason of loss or damage covered under this Policy the Repairer will bear the cost of protection till redelivery to the insured.

Sum Insured

The Sum Insured of the insured vehicle will be deemed to be the declared value for the purpose of this insurance policy and will be fixed at the commencement of each policy period for each insured vehicle. Iinsured’s declared value shall be treated as thse ‘’Market Value’’ throughout the policy period for the purpose of Total Loss claims.

For the purpose of total loss claim settlement this declared value will not change during the currency of the policy period in question. It is clearly understood that the liability of the insurer shall in no case exceed the insured’s declared value as specified in the policy schedule.

Section II

LIABILITY THIRD PARTIES

Subject to the limits of liability as laid down in the Schedule hereto the INSURER will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums including claimant’s costs and expenses which the insured shall become legally liable to pay in respect of:

  • Death of or bodily injury to any person caused by or arising out of the use of the vehicle.
  • Damage to property caused by the use of the vehicle.

The INSURER will pay all costs and expenses incurred with its written consent

In terms of and subject to the limitations of the indemnity granted by this section to the insured, the INSURER will indemnify any driver provided that such driver:

  • is not entitled to indemnity under any other policy
  • shall as though he were the insured observe fulfill and be subject to the terms exceptions and conditions of this policy in so far as they apply

The INSURER may at its own option

  • Arrange for representation at any Inquest or Fatal Inquiry in respect of any death which may be the subject of indemnity under this section and
  • Undertake the defence of proceedings in any court of law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this section.

In the event of the death of any person entitled to indemnity under this policy the INSURER will in respect of the liability incurred by such person indemnify his personal representative(s) in the terms of and subject to the limitations of this policy provided that such personal representatives shall as though they were the insured observe fulfill and be subject to the terms exceptions and conditions of this Policy in so far as they apply.

GENERAL EXCEPTIONS

The INSURER shall not be liable under this policy in respect of

  • Any accidental loss damage and/or liability caused sustained or incurred outside the geographical area
  • Any claim arising out of any contractual liability
  • Any accidental loss damage and/or liability caused sustained or incurred whilst the vehicle insured herein is being
  • used otherwise than in accordance with the ‘’Limitations as to Use” or
  • driven by or is for the purpose of being driven by him in the charge of any person other than a driver
  • Any accidental loss or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss
  • Any 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.

For the purposes of this exception combustion shall include any self-sustaining process of nuclear fission.

  • Any accidental loss damage or liability directly or indirectly caused by or contributed to by or arising from nuclear weapons material.

The INSURER shall not be liable in respect of any accidental loss damage and/or liability directly or indirectly proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection with war, invasion, the act of foreign enemies, hostilities or war like operations (whether before or after declaration of war) civil war, mutiny, rebellion, military or usurped power or by any direct or indirect consequences of any of the said occurrences and except under Section II – I (i) of this policy whilst the insured or any person driving with the general knowledge and consent of the insured is under the influence of intoxicating liquor or drugs and in the event of any claim hereunder the insured shall prove that the accidental loss damage and/or liability arose independently of and was in no way connected with or occasioned by or contributed to by or traceable to any of the said occurrences or any consequence thereof and in default of such proof the INSURER shall not be liable to make any payment in respect of such a claim.

DEDUCTIBLE

The INSURER shall not be liable for each and every claim under Section I -(loss of or damage to the insured vehicle) of this Policy in respect of the deductible stated in the schedule.

CONDITIONS
  • The Policy and Schedule shall be read together and any word or expression to which a specific meaning has been attached in any part of the Policy or of the Schedule shall bear the same meaning wherever it may appear.
  • Notice shall be given in writing to the INSURER immediately upon the occurrence of any accidental loss or damage and in the event of any claim and thereafter the insured shall give all such information and assistance as the INSURER shall require. Every letter claim writ summons and/or process shall be forwarded to INSURER immediately on receipt by the insured. Notice shall also be given in writing to the INSURER immediately the insured shall have knowledge of any impending Prosecution Inquest or Fatal Inquiry in respect of any occurrence which may give rise to a claim under this policy. In case of theft or other criminal act which may be the subject of a claim under this policy the insured shall give immediate notice to the Police and cooperate with the INSURER in securing the conviction of the offender.
  • No admission offer promise payment indemnity shall be made or given by or on behalf of the insured without the written consent of the INSURER which shall be entitled if it so desires to take over and conduct in the name of the insured the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct or any proceedings or in the settlement of any claim and the insured shall give all such information and assistance as the INSURER may require.
  • At any time after the happening of any event giving rise to a claim or series of claim under sub-section I (ii) of Section II of this policy the INSURER may pay to the insured the full amount of the INSURER’s liability under that Sub-Section and relinquish the conduct of any defence settlement or proceedings and the INSURER shall not be responsible for any damage alleged to have been caused to the insured in consequence of any alleged action or omission of the INSURER in connection with such defence settlement or proceedings or of the INSURER relinquishing such conduct nor shall the INSURER be liable for any costs or expenses whatsoever incurred by the insured or any claimant or other person after the INSURER shall have relinquished such conduct.
  • The INSURE may at its own option repair, reinstate or replace the vehicle or part thereof and/or its accessories or may pay cash the amount of the loss or damage and the liability of the INSURER shall not exceed:
  • for total loss of the vehicle – the Insured’s Sum Insured of the vehicle (including accessories thereon) as specified
  • for partial losses, i.e. losses other than Total Loss of the vehicle – actual and reasonable costs of repair and/or replacement of parts lost/damaged subject to depreciation.
  • The Insured shall take all reasonable steps to safeguard the vehicle insured from loss or damage and to maintain it in efficient condition and the INSURER shall have at all times free and full access to examine the insured vehicle or any part thereof or any driver or employee of the insured. In the event of any accident or breakdown the insured vehicle shall not be left unattended without proper precautions being taken to prevent further damage or loss and if the vehicle be driven before the necessary repairs are effected, any extension of the damage or further damage to the vehicle shall be entirely at the insured’s own risk.
  • The INSURER may cancel the policy by sending seven days notice by recorded delivery to the insured at insured’s last known address and in such event will return to the insured the premium paid less the pro rata portion thereof for the period the Policy has been in force or the policy may be cancelled at any time by the insured on seven days’ notice by recorded delivery and provided no claim has arisen during the currency of the policy, the insured shall be entitled to a return of premium less premium at the INSURER’s Short Period rates for the period the Policy has been in force.
  • If at the time any claim arises under this policy there is any other existing insurance covering the same loss damage or liability the INSURER shall not be liable to pay or contribute more than its rateable proportion of any loss damage compensation costs or expenses provided always that nothing in this condition shall impose on the INSURER any liability from which but for this condition it would have been relieved under proviso 3(a) of Section II of this policy.
  • If any dispute or difference shall arise as to the quantum to be paid under this policy, (liability being otherwise admitted) such difference shall independently of all other questions be referred to the INSURER and shall be conducted under and in accordance with the provisions of the INSURER’S
  • The due observance and fulfillment of the terms conditions and endorsements of this policy in so far as they relate to anything to be done or complied with by the insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the INSURER to make any payment under this policy.