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:
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.
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.
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.
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.
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.
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.
The Company will pay all costs and expenses incurred
with its prior consent.
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.
General Exceptions
These Policy docs not cover loss or damage or Third
Party Liability arising from accidents involving the
Insured Vehicle in the following cases:
Accidents which take place outside the
Geographical Area specified in this Policy.
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.
This insurance docs not cover any liability due to an
agreement made by the Insured where no liability would
arise but for that agreement.
General Conditions
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.
Every notice or communication to be given or made
under this Policy shall be delivered to the Company in
writing.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Company may claim back the value of
what has been paid as compensation by the Company in the
following cases:
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.
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
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
If the driver whether the Insured or a person
driving with his permission, has no driving license for the
type of vehicle involved.
If it is proved that the
accident death or bodily injury has resulted from an
intentional act by the Insured.
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.
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
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.
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.
Any dispute arising out of
this Policy falls within the jurisdiction of United Arab
Emirates Courts.
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:
