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THIRD-PARTY INSURANCE
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The Company shall be liable to compensate the Insured in the event of accident caused by or arising out of the use of the motor vehicle subject to the limits specified in this Policy, against all sums which the Insured shall become legally liable to pay as compensation for:
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A. |
Death of or bodily injury to any person including the passengers in the vehicle except the Insured or the driver at the time of the accident and their families, spouse, parents and children and the employees of the Insured if they are injured during work hours or as a result of their work: and they are to be considered as passengers whether inside the vehicle or mounting or dismounting from it.
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B. |
Damages for materials and property, except those owned by the Insured or the driven at the time of the accident or property held in trust or in their custody or control.
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C. |
The insurance mentioned in this Section is extended in accordance with the provisions and conditions herein to cover the liability of each licensed driver while driving the Insured Vehicle provided that the fulfills and complies with the Terms and Conditions of this Policy and obeys it as if he was the Insured himself.
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D. |
Subject to the Limits specified in the attached Schedule to this Policy, the Company shall be liable to pay court orders or judgments in whatever amount is awarded to the plaintiff including judicial expenses and charges (except penalties and / or fines): the Company shall pay compensation to the rightful claimant. Once a final judgment becomes due for execution.
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E. |
In the event of death of any person entitled to indemnity under this Section the Company will in respect of the liability towards such person indemnify his heirs in accordance with the Terms, Conditions and Exceptions of this Policy, provided that such heirs shall as though they were the Insured observe, fulfill and be subject to the Terms of this Policy in so far as applicable.
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F. |
In the event of any accident involving indemnity under this Section to more than one person the Limits of Liability Specified in the attached Schedule to this Policy shall apply to the aggregate amount of indemnity due to all persons.
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G. |
The Company will pay all costs and expenses incurred with its prior consent.
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H. |
The Company may arrange for representation of the Insured at any inquest or inquiry in respect of any accident which may be the subject of indemnity under this Section, and undertakes to defend the Insured in any Court of Law in respect of any event which may be the subject of indemnity under this Section.
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General Exceptions
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1. |
These Policy docs not cover loss or damage or Third Party Liability arising from accidents involving the Insured Vehicle in the following cases:
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Accidents which take place outside the Geographical Area specified in this Policy.
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b. |
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Accidents which happen directly or indirectly, proximately or remotely occasioned by, contributed to by or traceable to or arising out of or in connection with flood, storm, hurricane, volcanic eruption, earthquake or other convulsion of nature, invasion, act of foreign enemies, hostilities or warlike operations, whether war be declared or not, civil war, strike, riot, civil commotion, mutiny, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or ionizing radiation contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel direct with any of the aforementioned causes.
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2. |
This insurance docs not cover any liability due to an agreement made by the Insured where no liability would arise but for that agreement.
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General Conditions
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1. |
The Policy and the Schedule shall be considered as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy and Schedule shall bear such specific meaning wherever it may appear.
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2. |
Every notice or communication to be given or made under this Policy shall be delivered to the Company in writing.
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3. |
The Insured shall take all reasonable steps to safeguard the Insured Motor Vehicle from loss or damage and to maintain the Insured Motor Vehicle in a roadworthy condition. The Company shall have at all times the right of free and full access to examine such motor vehicle or any part thereof. In the event of any accident or breakdown such motor vehicle shall not be left unattended without proper precautions being taken to prevent further loss or damage and if such motor vehicle be driven before the necessary repairs are effected any extension of the damage or any further damage to such motor vehicle shall be excluded from the scope of indemnity granted by this Policy.
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4. |
The Insured shall remain throughout the validity of this Policy the sole and absolute owner of the motor vehicle and shall not make any agreement to let out upon hire the Insured Vehicle or enter into any agreement restricting his absolute control and possession of the Insured Vehicle without the written permission of the Company having first been obtained.
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5. |
In the event of any occurrence which may give rise to a claim under this Policy, the Insured shall give immediate notice to the Company, with all relevant information. Every letter, claim, writ, summons and process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given to the Company immediately the Insured has knowledge of any impending prosecution or investigation into a fatal accident in connection with any such occurrence, in case of theft or other criminal act which may give rise to a claim under this Policy, the Insured shall give immediate notice to the police and co-operate with the Company in securing the conviction of the offender.
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6. |
No admission offer promise or payment shall he made by or on behalf of the Insured without the written consent of the Company which shall be entitled, if it so desires, to take over and conduct in the name of the Insured the defense or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity to 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 such information and assistance as the Company may require.
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At any time after the happening of any event giving rise to a claim or series of claims under Clause 1 (b) of Section Two of this Policy, the Company may pay to the Insured the full amount of the Company's liability under the above mentioned clause and relinquish the conduct of any defense, settlement or proceedings and the Company 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 Company in connection with such defense, settlement or proceedings, or of the Company relinquishing such conduct. Also the Company shall not be liable for any costs or expenses whatsoever incurred by the Insured or any claimant or other person after the Company shall have relinquished such conduct.
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8. |
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a. |
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The Company may cancel Section One of this Policy sending thirty days notice by registered letter to the Insured at his last known address and in such event the Company 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 Insured may cancel Section One on seven days written notice and provided no claim has arisen during the current Period of Insurance, the Insured shall be entitled to a return of premium less premium at the Company's short period rates for the period the Policy has been in force.
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Neither the Company nor the Insured has the right to cancel Section Two of this Policy during its period of validity as long as the Vehicle's license is valid. In case the Policy is cancelled before its expiry date because of cancellation of the vehicle's permit, or presentation of a new Policy due to change in details of the Vehicle or transfer of its ownership, the Company will refund to the Insured the paid premium less the short period premium due. The Company shall pay to the Insured, in all cases of cancellation, the balance premium due prior to the expiry of the notice period.
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9. |
If at the time when any claim arises under this Policy there be any other Insurance covering the same loss damage or liability, the Company shall not be liable to pay or contribute more than its ratable proportion of any such loss or damage or compensation or cost or expenses.
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10. |
The due observance and fulfillment of the Terms and Conditions of this Policy insofar as they relate to anything to he done not to he done by the Insured and the truth of all statements and declarations expressed by the Insured in the Proposal shall be conditions precedent to any liability of the Company to make any payment under the Policy Furthermore any notice of claim is to be fully in accordance with the requirements of Clauses 12 and 5 of the General Conditions of this Policy.
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11. |
The Company may claim back the value of what has been paid as compensation by the Company in the following cases:
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if it is proved that the insurance contract has been made on the basis of false statements by the Insured or if he has concealed relevant information which affects the acceptance of this insurance by the Company or otherwise affects the premium or the Term of this Policy.
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b. |
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using the motor vehicle for other purposes then stipulated in the Policy or exceeding the permitted number of passengers, overloading more than the permitted limit, or the load not stowed correctly, or exceeding the dimensions of width or length of height permitted |
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If the Driver disobeys the law involving a criminal act or felony as per the definition stated in the two clauses (28 & 29) of the punitive law issued under Federal Law NO. (3) For the year 1987 |
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If the driver whether the Insured or a person driving with his permission, has no driving license for the type of vehicle involved. |
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If it is proved that the accident death or bodily injury has resulted from an intentional act by the Insured. |
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If it is proven that at the time of accident the driver being the insured or any other person driving with the knowledge and consent of the insured was under the influence of intoxicating liquor or drugs. The right of resource for the Company under this General Condition as well as the Terms and Conditions of this Policy, will not affect the rights of Third parties towards the Insured.
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12. |
Nothing in this Policy or any endorsement on it will affect the rights of any person entitled to compensation by virtue of this Policy, or any other person's right to recover any due amount by virtue of the law
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13. |
Any claim under this policy shall be time barred if not submitted to the Company within three years from the date of accident: even if the Insured had knowledge of such accident or event no claim will be accepted.
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14. |
It is possible that the Company and the Insured by virtue of additional endorsements attached to this Policy and within the limits of its provisions and conditions, agree that the Company will cover other damages and injuries which arc not mentioned in this Policy especially the following:(14/1) Insurance against accidents which may occur to the Insured or his family and the driver at the time of accident and persons working for the Insured, including the medical expenses due to bodily injury to any one of them.(14/2) Insurance against damage of property owned by the Insured or the driver at the time of the accident or whatever is under their custody and control.
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15. |
Any dispute arising out of this Policy falls within the jurisdiction of United Arab Emirates Courts.
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