SECTION A - LOSS OR DAMAGE TO YOUR VEHICLE
1. We will cover You if Your Vehicle is damaged or lost in the following circumstances:-
(a) by accidental collision or overturning,
(b) by collision or overturning caused by mechanical breakdown,
(c) by collision or overturning caused by wear and tear,
(d)
by impact damage caused by falling objects provided no flood, typhoon,
hurricane, storm, tempest, volcanic eruption, earthquake, landslide,
landslip, subsidence or sinking of the soil/earth or other convulsion
of nature is involved,
(e) by fire explosion or lightning,
(f) by burglary, housebreaking or theft,
(g) by malicious act,
(h) when in transit (including its loading and unloading) by:
(i) road rail inland waterway
(ii) direct sea route across the straits between the island of Penang and the mainland.
2. Basis of Settlement
(a) We will at Our option
(i) pay the cost of repairs to Your Vehicle, or
(ii) pay in cash the amount of the loss or damage to Your Vehicle, or
(iii) reinstate or replace Your Vehicle.
(b)
The maximum amount We will pay is the market value of Your Vehicle at
the time of the loss or the sum insured in the Policy whichever is the
lower figure.
(c) If Your Vehicle shall at the time of happening of
any loss or damage be insured for a sum lesser than its market value
then, You shall be considered as being Your own insurer for the
difference and shall bear the rateable proportion of the loss
accordingly. Provided always that this shall not apply unless the
market value at the time of the loss exceeds the insured value by 10% or more.
(d)
The market value of Your Vehicle would be determined in the event of a
dispute by the Head Office of the Franchise-holder and this value would
be equal to the cost of purchasing a replacement vehicle of the same
make, model and age of Your Vehicle at the time of loss.
(e) In the
event no Franchise-holder is available for the make of Your Vehicle,
the market value of the vehicle would be determined by a Loss Adjuster
licensed under the Insurance Act, 1996 and its subsequent legislation
agreed to by both You and Us.
(f) The valuation done by the relevant
Head Office of the Franchise-holder or Loss Adjuster licensed under the
Insurance Act, 1996 and its subsequent legislation, will be conclusive
evidence in respect of the market value of Your Vehicle in any legal
proceedings against Us.
3. Transportation of Damaged Vehicle
We
will pay You up to a maximum of RM200.00 as Towing Charges for taking
Your Vehicle to either the nearest Repairer or towing the vehicle by
returning it to Your address as shown on the Schedule or towing it to a
secure place for it to be garaged, provided Your Vehicle has been
damaged by circumstances described in this section.
4. Exceptions to Section A
We will NOT pay for
(a) consequential losses of any nature.
(b) the loss of use of Your Vehicle.
(c)
depreciation, wear and tear, rust and corrosion, mechanical or
electrical or electronic breakdowns, equipment or computer malfunction,
failures or breakages to Your Vehicle except breakage of windscreen,
window or sunroof including lamination/tinting film, if any.
(d) damage to Your Vehicle's tyres unless Your Motor Vehicle is damaged at the same time.
(e)
any loss or damage caused by or attributed to the act of
cheating/criminal breach of trust by any person within the meaning of
the definition of the offence of cheating/criminal breach of trust set
out in the Penal Code.
(f) the Excess stated in the Schedule.
(g)
the failure or inability of any equipment or any computer program to
recognize or correctly to interpret or process any date as the true or
correct date or to continue to function correctly beyond that date.
ENDORSEMENT 2 – EXCESS DAMAGE CLAIM
You
are responsible for the first amount as described in the schedule of
each and every claim payable under Section A of this Policy in addition
to any other excess
that may be applicable. This excess is not
applicable to loss or damage caused by fire, explosion, lightning,
burglary, housebreaking or theft.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 2 (f) – COMPULSORY EXCESS
In
the event of any claim arising under Section A of this policy, You are
responsible in respect of each and every event for an excess of
RM400.00 in addition to the
excess stated in the Schedule if Your Vehicle is being driven by the following person authorised by You: -
(a) Any person under the Age of 21 years
(b) Any person who is the holder of a Provisional (L) driving licence
(c) Any person who is the holder of a Full driving licence of less than 2 years
(d) Any person not named in the Schedule
(e)
Any person named in the Schedule who is less than age of 21 years
and/or the holder of a provisional (L) driving licence and/or the
holder of a full driving licence of less than 2 years.
For the
purpose of this Endorsement the expression “event” shall mean an event
or series of events arising out of one cause in connection with the
motor vehicle. This excess of RM400.00 is not applicable to loss or
damage caused by fire, explosion, lightning, burglary, house breaking
or theft. Subject otherwise to the Terms and Conditions of this Policy.
N.B.
The amount of the Excess mentioned herein is the maximum and shall be
held to apply in addition to any other Excess that may be applicable to
this Policy. Any amendment to the Excess of RM400.00 under this
Endorsement 2(f) is not allowed.
ENDORSEMENT 3(p) – THIRD PARTY ONLY
The cover provided for in this policy is limited to Third Party only i.e. Section B (LIABILITY TO THIRD PARTIES).
Section A (LOSS OR DAMAGE TO YOUR VEHICLE) is cancelled.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 3 (q) – THIRD PARTY FIRE AND THEFT
The
cover provided for in this policy is limited to Third party Fire and
Theft only . Section A (LOSS OR DAMAGE TO YOUR VEHICLE) of this policy
will cover You if Your vehicle is damaged or lost by fire, explosion,
lightning, burglary, housebreaking or theft and Section B (LIABILITY TO
THIRD PARTIES). Subject otherwise to the Terms and Conditions of this
Policy.
ENDORSEMENT 15 – HIRE PURCHASE
We
have noted and agreed that the Hire Purchase company as described in
the schedule (hereinafter referred to as the Owners) are the Owners of
Your Vehicle under a Hire Purchase Agreement made between the Owners
and You. Any payment for the loss or damage to Your Vehicle (which loss
or damage is not made good by repair, reinstatement or replacement)
under Section A of this Policy will be paid to the Owners so long as
they are the Owners of Your vehicle. Their receipt shall be a full and
final discharge to Us in respect of such loss or damage. This Policy is
issued to You as the principal party and not as agent or trustee for
the Owners nor as an assignment by You to The Owners of Your right,
benefits and claims under this policy. You shall not assign Your rights
benefits and claims under this policy without prior written consent
from Us. Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 15 (a) – EMPLOYERS’ LOAN
We
have noted and agreed that Your employer as described in the schedule
are interested in any moneys payable to You vide this Policy in respect
of loss or damage to Your Vehicle (which loss or damage is not made
good by repair, reinstatement or replacement) and such moneys shall be
payable to Your employer as described in the schedule until notice is
given to Us that they have no financial interest in Your Vehicle, and
their receipt shall be a full and final discharge of Our liability in
respect of such loss or damage.
Except by this Endorsement, nothing herein shall modify or affect Our/Your rights and liabilities under this Policy.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 25 – STRIKE RIOT AND CIVIL COMMOTION
We
have noted and agreed that the words “strike riot and civil commotion”
in General Exception 4 of this Policy shall not apply to any accident
loss damage or liability directly caused by
(1) the act of any
person taking part together with others in any disturbance of the
public peace (whether in connection with a strike or lockout or not) or
the action of any lawfully constituted authority on suppressing or
attempting to suppress any such disturbance or in minimizing the
consequences of such disturbance.
(2) the wilful act any striker or
locked out worker done in furtherance of a strike or in resistance to a
lockout or the action of any lawfully constituted authority in
preventing or attempting to prevent any such act or in minimizing the
consequences of any such act.
Provided that the indemnity given by
reason of this Endorsement shall not apply to any accident loss damage
or liability (except so far as is necessary to meet the requirement of
the Legislation) directly or indirectly proximately or remotely
occasioned by contributed to by or traceable to or arising out of or in
connection with-
(a) War invasion the act of foreign enemies hostilities or war like operations (whether war be declared or not) civil war.
(b)
Mutiny civil commotion assuming the proportions of or amounting to a
popular rising military rising rebellion revolution insurrection
military or usurped power or any act of any person acting on behalf of
or in connection with any organisation with activities directed towards
the overthrow by force of the Government de jure or de facto or to the
influencing of it by terrorism or violence or by the direct or indirect
consequences of any of the said occurrences.
In the event of any
claim hereunder You shall prove that the accident loss damage or
liability arose independently of and was in no way connected to by or
traceable to any of the said occurrences of any consequence thereof and
in defult of such proof We shall not be liable to make any payment in
respect of such a claim. Subject otherwise to the Terms and Conditions
of this Policy.
ENDORSEMENT 30 – REPLACEMENT PARTS
In the
event that spare parts or accessories for the repairs of Your Vehicle
are not available in Malaysia, or if We exercise Our option to pay in
cash for the loss or damage, then Our liability for such spare
parts/accessories shall be
(a) the price quoted in the latest
catalogue or price list issued by the manufacturer or their agent, or
in the event no such catalogue exists the price at manufacturer’s work
plus reasonable cost of transport (except air freight).and
(b) reasonable cost of fitting such spare parts/accessories.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 57 – INCLUSION OF SPECIAL PERILS
In
consideration of the payment of additional premium by You to Us the
following peril(s) is/are deemed to be covered under Section A of this
Policy:-
Flood, Typhoon, Hurricane, Storm, Tempest, Volcanic
Eruption, Earthquake, Landslide, Landslip, Subsidence or Sinking of the
Soil/Earth or other convulsion of nature.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 72 – LEGAL LIABILITY OF PASSENGERS FOR NEGLIGENT ACTS
In
consideration of the payment of additional premium by You to Us We will
pay the amount that any Passenger is legally liable to pay under
Section B of this policy providing that the Passenger:-
(i) is not driving Your Vehicle or in charge of Your Vehicle for the purpose of driving.
(ii) is not entitled to indemnity under any other Policy.
(iii) shall as though he were You observe and fulfil all the terms of this Policy in so far as they apply.
EXCEPTIONS:-
We will not pay for:-
(a)
Death or bodily injury to any person where such death or injury arises
out of and in the course of the employment of the passenger
(b)
Damage to property belonging to or held in trust or in the custody or
control of the Passenger or You or being carried in Your Vehicle.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 89 – BREAKAGE OF GLASS IN WINDSCREEN, WINDOW OR SUNROOF (effective 17/7/2006)
In
consideration of the payment of additional premium by You to Us, We
will pay the cost of replacing or repairing any glass in the
windscreen, window or sunroof including lamination/tinting film, if
any, of Your Vehicle following breakage of such glass up to an amount
not exceeding (as stated in the Schedule).
Provided no claim is made
for any further damage to Your Vehicle, any claim under this
endorsement shall not affect Your No Claim Discount and You shall not
be liable for any excess as stated in the policy.
This benefit shall
automatically be terminated upon replacement of any glass in the
windscreen, window or sunroof unless the cover is reinstated by payment
of a further additional premium.
You may however, exercise an option
to repair the damaged windscreen, window or sunroof of Your Vehicle. In
the event You opt to repair, We will continue to provide this benefit
to You during the currency of this period for the amount as stated
above:-
(a) Less any claim paid by Us for the repair; or
(b) For the reinstated original amount provided You have paid to Us a further additional premium for reinstatement.
Subject otherwise to the Terms and Conditions of this Policy.
Endorsement 87: AGREED
VALUE
If Endorsement 87 is included in
your motor policy, then your motor insurance cover is accepted on an agreed
value basis with the Insurer.
'Endorsement 87 - Agreed Value'
states that:- "The Insurer will pay You the agreed amount as specified in
the Schedule of the Policy in the event Your vehicle is stolen or totally
destroyed during the Period of Insurance provided the Insurer is liable to
pay for such loss or destruction under the Terms and Conditions of the
Policy."
ENDORSEMENT 95 – LEASING ENDORSEMENT
We have noted and agreed that:-
1.
The Leasing Company as described in the schedule (hereinafter referred
to as the Lessors) are the owners of Your Vehicle which is the subject
of a Leasing Agreement made between the Lessors and Yourself of the
other part.
2. Any payment made in respect of loss or damage (which loss or damage is not made
good by repair reinstatement or replacement) pursuant to any legal
liability on Our part to You under Section A of this Policy shall be
made to the Lessors as long as they are owners of Your Vehicle and
their receipt shall be a full and final discharge to Us in respect of
such loss or damage.
3.
Regardless of any provision in the Leasing Agreement this Policy is
issued to You as the principal party and not as agent or trustee for
the Lessors. You cannot assign to the Lessors (whether legal or
equitable) Your rights benefits and claims under this Policy.
ENDORSEMENT 97 – VEHICLE ACCESSORIES ENDORSEMENT
In
consideration of the payment of additional premium by You to Us the
following accessories are separately insured under Section A:
Descriptions Your estimate value
As described in the schedule As described in the schedule
Any
claim made under this endorsement shall not affect your
No-Claim-Discount and You shall not be liable for any specified excess
as stated in the policy.
Upon
settlement of any claims under this endorsement, this benefit shall
automatically be terminated unless reinstated by payment of a further
additional premium.
Subject otherwise to the Terms and Conditions of this Policy.
| SECTION B: LIABILITY TO THIRD PARTIES
1.
We will pay the amount which You or Your authorised driver are legally
liable to pay (including claimants' costs and expenses) for:-
(a) death or bodily injury to any person except those specifically excluded under Exceptions to Section B
(b)
damage to property as a result of an accident arising out of the use of
Your Vehicle provided Your authorised driver also complies with all the
terms and
conditions of the policy that You are subject to.
2. Limits of Our Liability
Our
total liability under Section B1(a) is in respect of unlimited. any one
claim or series of Our total liability under Section B1(b) is claims
arising limited to RM3 million. out of one event.
3. Cover for Legal Representatives
Following the death of any person covered under this Policy We will
indemnify that person's legal representatives for liability covered
under this Section, provided such legal representatives comply with all
the terms and conditions of the policy.
4. Legal Costs
We
will pay legal costs incurred up to a maximum of RM2,000.00 for defence
of any charge including the charge of causing death by driving the
Motor Vehicle (other than murder) if Our prior written agreement had
been secured.
5. Exceptions to Section B
We will NOT pay for :
(a) death or bodily injury to any passenger being carried for hire or reward.
(b)
death or bodily injury to any person where such death or injury arises
out of and in the course of the employment of such person by You or by
Your authorized driver.
(c)
damage to property belonging to or in the custody of or control of or
held in trust by You and/or Your authorized driver and/or any member of
Your and/or Your authorized driver’s household.
(d)
liability to any person who is a member of Your and/or Your authorised
driver’s household who is a passenger in Your Vehicle unless he/she is
required to be carried in or on Your Vehicle by reason of or in
pursuance of his/her contract of employment with You and/or Your
authorised driver and/or his/her employer.
(e)
any claims brought against any person in any country in courts outside
Malaysia, the Republic of Singapore or Negara Brunei Darussalam.
(f)
all legal costs and expenses which are not incurred in or recoverable
in Malaysia, the Republic of Singapore and Negara Brunei Darussalam.
NO-CLAIM-DISCOUNT
If
no claim is made or arises from Your Policy and provided Your Vehicle
is insured with Us for a continuous period of 12 months in each of the
following instances,
You are entitled to a No-Claim-Discount on renewal of Your Policy as follows:-
Period of Insurance Discount (%)
After the first year of insurance 25%
After the second year of insurance 30%
After the third year of insurance 38 1/3%
After the fourth year of insurance 45%
After five or more years of insurance 55%
If
We agree to a transfer of interest in this Policy the period during
which the interest was in Your name, shall not accrue to the benefit of
the new owner. If more than one Motor Vehicle is described in the
Schedule the No-Claim-Discount shall be applied as if a separate Policy
had been issued in respect of each such Motor Vehicle.
CONDITIONS - THESE APPLY TO THE WHOLE POLICY
1. DUTY OF DISCLOSURE
If
You fail to disclose to Us fully and faithfully, all the facts which
You know or ought to know, or if You misrepresented any facts to Us
before the Policy was entered into, We may avoid this Policy.
You must observe and fulfil the Terms, Conditions, Endorsements, Clauses or Warranties of the Policy.
2. ACCIDENTS AND CLAIMS PROCEDURES
(a)
We must be notified in writing with full details as soon as possible
after an event which may become the subject of a claim under this
Policy.
(b) In the event that Your
Vehicle is collided into by a Third Party vehicle, You may refer the
claim for cost of repairs to Us. Your NCD entitlement will continue
unaffected if We decide that You are not at fault. Such determination
of fault shall be at Our entire discretion. Provided always that such
Third Party vehicle is insured, identifiable and/or not a vehicle used
for carriage of passengers for hire or reward (for example taxis, hire
cars, public buses, stage buses, school buses and factory buses for
hire), not a vehicle insured by non-Malaysian Insurers and there is no
personal injury claim involved.
(c) All accidents must be reported to the Police as required by Law.
(d)
Every communication, writ, summons and/or process from other parties
must be sent to Us immediately. You must also tell Us if You know of
any impending prosecution inquest or fatal inquiry without delay. In
case of theft or other act which may give rise to a claim under this
Policy, You must without undue delay make a report to the Police and
co-operate with Us in securing the convictions of the offender.
(e) No negotiation, admission or repudiation of any claim may be entered into without Our prior written consent.
(f) We shall have full discretion in the conduct, defence and/or settlement of any claim.
(g) No repairs may be authorised to Your Vehicle without Our prior written consent.
(h)
In the event Your Vehicle is involved in an accident and gives rise to
a claim, Your Vehicle must be removed to a PIAM Approved Repairers for
repairs.
Failure to remove Your Vehicle
to a PIAM Approved Repairer would be a breach of this condition and We
shall have the right to decline liability under Section A of the Policy.
(i)
In any event giving rise to a claim or series of claims under Section
B1(b) of this Policy, We may pay to You the full amount of Our
liability under Section B1(b) and relinquish the conduct of any
defence,settlement or proceeding and We shall not be responsible for
any damage alleged to have been caused to you in consequence of any
alleged action or omission by Us in connection with such defence
settlement or proceeding or by Us relinquishing such conduct nor shall
We be liable for any cost or expenses how whatsoever incurred by You or
any claimant or any person after We have relinquished such conduct.
3. CANCELLATION
(a) You may cancel this Policy at any time by notifying Us in writing.
(b) We may also cancel this Policy by giving You 14 days written notice by registered post to Your last known address.
(c)
You shall within seven days from the date of cancellation under
paragraph (a) or (b) above, surrender the certificate of insurance to
Us or, if it has been lost or destroyed or it is not received by You,
to provide Us with a statutory declaration to that effect.
(d)
In case of cancellation requested by You (provided no claim has arisen
during the then current Period of Insurance), You shall be entitled to
a refund premium based on Our customary short-period rates calculated
from the date of receipt by Us of the certificate or the statutory
declaration in the event that the certificate is lost or destroyed or
not received by You as follows:
Period of Insurance Refund of Premium %
Not exceeding 1 week 87.5 of the total premium
Not exceeding 1 month 75.0 of the total premium
Not exceeding 2 months 62.5 of the total premium
Not exceeding 3 months 50.0 of the total premium
Not exceeding 4 months 37.5 of the total premium
Not exceeding 6 months 25.0 of the total premium
Not exceeding 8 months 12.5 of the total premium
Exceeding 8 months No refund of premium allowed
(e)
In case of cancellation by Us, You shall be entitled to a pro-rata
refund of the unexpired premium calculated from the date of receipt by
Us of the certificate or the statutory declaration in the event that
the certificate is lost or destroyed or not received by You.
(f) No refund of premium for any cancellation of policy if premium is charged on minimum premium.
4. OTHER INSURANCE
You
must give Us written notice if You have any other insurance covering
Your Vehicle. If at the time any claim arises under this Policy, there
is any other
existing policy covering
the same loss, damage or liability, We shall only pay Our rateable
proportion of any loss damage compensation costs or expenses.
However, nothing in this Condition shall impose on Us any liability from which We would not have been subject to.
5. SUBROGATION
We
shall be entitled if We so desire to take over conduct at our own
expense in Your name the defence or settlement of any claim or to
prosecute in Your name for our benefit any claim for indemnity or
damages or otherwise. We shall have absolute discretion in the conduct
of any proceedings and in the settlement of any claim and You shall
give all such information and assistance as We may require.
6. ARBITRATION CLAUSE
All
differences arising out of this Policy shall be referred to an
Arbitrator who shall be appointed in writing by You and Us. In the
event that You and We are unable to agree on who is to be the
Arbitrator within one month of being required in writing to do so then
You and We shall be entitled to appoint an Arbitrator each who
shall
proceed to hear the differences together with an Umpire to be appointed
by both Arbitrators. However this is provided that any disclaim er of
liability by Us for any claim hereunder must be referred to an
Arbitrator within twelve calendar months from date of Our disclaimer to
You.
7. OTHER MATTERS
This Policy will only be operative if:-
(a) Any person claiming protection has complied with all its Terms, Conditions, Endorsements, Clauses or Warranties.
(b) You have taken all reasonable precautions to maintain Your Vehicle in an efficient roadworthy condition.
(c) You have taken all reasonable precautions to safeguard Your Vehicle from loss or damage.
(d) You must grant Us free access at all reasonable times to examine Your Vehicle.
ENDORSEMENT 100 – EXCLUSION OF LEGAL LIABILITY TO PASSENGERS
The
cover provided under section B1 (a) of this policy shall not apply to
death of or bodily injury to any person being carried in or upon or
entering or getting on to or
alighting
from Your Vehicle (other than a passenger required to be carried in or
on Your Vehicle by reason of his/her contract or employment with You
and/or Your
authorised driver and/or his/her employer).
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 106 – INSURER’S AUTHORISED WORKSHOP
Conditions 2(h) of this Policy is hereby amended to read as follows:-
“In
the event Your Vehicle is involved in an accident and gives rise to a
claim, Your vehicle must be removed to a PIAM Approved Repairers Scheme
(PARS)
workshop
selected and approved by Us for repairs. Failure to remove Your Vehicle
to an approved workshop would be a breach of this endorsement and We
shall
have the right to decline liability under Section A of the Policy”.
Subject otherwise to the Terms and Conditions of this Policy.
ENDORSEMENT 109 – EXTENSION OF COVER FOR FERRY TRANSIT TO AND/OR FROM SABAH AND THE FEDERAL TERRITORY OF LABUAN
We
will cover You under Section A of this policy if Your vehicle is damage or lost when in transit to and/or from Sabah and Federal Territory
of Labuan. In the event
of
any claim arising from this extension, your are responsible in respect
of each and every event for an excess of 1% of Sum Insured or RM500
(whichever is higher)
in addition to the Excess stated in the schedule.
Subject otherwise to the Terms and Conditions of this Policy.
WARRANTY NO.1 – WARRANTY ON OVERLOADING OF VEHICLE
Warranted
that the Company shall not be liable under Section A of this Policy in
the event that at the time of accident giving rise to a claim under
this Policy the
insured vehicle carries a load in excess of the
permitted weight and/or number of passengers as specified in the
registration book of the insured Vehicle. Provided
always that this
warrant y shall not apply unless overloading exceeds by 10% of the
permitted weight (for goods carrying vehicles).
Subject otherwise to the Terms and Conditions of this Policy.
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