St. Christopher
   

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St Christopher Flashguard Policy Wording
FLASHGUARD

In consideration of the Insured (being the person named as such in the Schedule hereto) having submitted a Proposal Form which has been accepted by Isle of Man Assurance Limited (hereinafter called “the insurer”) which is incorporated in and forms part of the Policy, and the Insured having paid the appropriate premium shown in the Schedule hereto, the Insurer agrees to indemnify the Insured as hereinafter provided in accordance with and subject to the Terms, Conditions and Exclusions set out herein.

DISQUALIFICATION

The Insurer will indemnify the insured in respect of alternative travel costs incurred by the Insured, for a period not exceeding twelve months, if during the Period of Insurance stated in the Schedule, the Insured has been temporarily prevented from driving as a result of disqualification under the provisions of Section 35 of the Road Traffic Offenders Act 1988 (totting up procedure) or under the provisions of Section 89 of the Road Traffic Regulation Act 1984 and Schedule 2 of the said Road Traffic Offenders Act 1988 (speeding) (or any amendments thereof) or such disqualification under any similar legislation in force in Scotland, Northern Ireland, the Channel Islands or the Isle of Man.

PROVIDED THAT

(i) the incident from which the claim arises occurs whilst the Insured was driving or in control of a motor vehicle of which he/she was the owner or which he/she was authorised to drive. If an incident shall occur during the Period of Insurance but the Insured is disqualified from driving as a result of such incident after the Period of Insurance then provided that the Insured shall have notified the incident to the Insurer in accordance with the terms and conditions of this Policy, then such disqualification shall for the purposes of this Policy be deemed to have occurred during the Period of Insurance;
(ii) the Insurer shall only indemnify the Insured for alternative travel costs incurred whilst the Insured is temporarily prevented from driving and PROVIDED FURTHER that the Insured shall supply to the Insurer such evidence as the Insurer may require of the period of disqualification and the travel costs incurred;
(iii) the Insurer shall only be liable to pay for the travel costs incurred in respect of any one claim arising out of any one period of disqualification and PROVIDED FURTHER that the Insurer’s maximum liability shall not exceed the Maximum Benefit stated in the Schedule:
(iv) if the period of disqualification is less than twelve months, the Insurer’s liability shall not exceed the sum that represents the same daily proportion of the Maximum Benefit stated in the Schedule as the period of disqualification bears to twelve months;
(v) “alternative travel costs” shall not include any alternative travel costs which in the opinion of the Insurer would have been incurred by the Insured irrespective of such disqualification:


EXCLUSIONS

The Insurer shall be under no liability;

In respect of the Insured if:
(a) he/she has not attained the age of 18 years and
(b) he/she is not the holder of a full driving licence valid in the United Kingdom, the Channel Islands or the Isle of Man; and
(c) he/she has not held a full driving licence valid in the United Kingdom, the Channel Islands or the Isle of Man for a period of at least two years; and;
(d) he/she is not resident in the United Kingdom, the Channel Islands or the Isle of Man.

In respect of motor cycles

(e) the insurer shall be under no liability in respect of the Insured if he/she does not hold a full motor cycle driving licence valid in the United Kingdom, the Channel Islands or the Isle of Man and he/she has not held such a licence for a period of at least one year.


Unless the incident from which any claim arises occurs;
(a) after the date of commencement of this Policy; and
(b) at a time when the Insured has duly paid all premiums due to the Insurer.


In respect of any claim arising outside the United Kingdom, the Channel Islands or the Isle of Man..


(a) if the Insured has at the commencement of this Policy;
(i) had his/her driving licence endorsed with more than six penalty points ( or whatever number of penalty points have been accepted by the Insurer), or has been served with a complaint summons or other process alleging an offence which may on conviction result in his/her penalty points exceeding the number declared and accepted:
(ii) during the previous 12 months been disqualified from driving by reason of penalty points endorsed on his/her driving licence totalling twelve or more;
(iii) during the previous 12 months been disqualified for speeding under the provisions of Section 89 of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988 (or any amendment thereof) or any similar legislation in force in Northern Ireland the Channel Islands or the Isle of Man;
(b) for that period of disqualification which exceeds twelve months;
(c) for travel costs incurred as a result of the Insured being temporarily or permanently prevented from driving following a conviction for driving or being in charge of a motor vehicle whilst unfit through drink or drugs or with excess alcohol or for failing to provide a specimen of breath blood or urine for analysis or dangerous or reckless driving, whether or not such conviction is the sole reason for disqualification.


DEFINITIONS

“Private motor vehicle” shall mean

(i) a motor vehicle.
(not being an invalid carriage), which is constructed for the carriage of passengers and their effects and is adapted to carry not more than seven passengers and does not exceed three tons, of which the Insured is the owner or which he/she is authorised to drive, but shall not include any such motor vehicle which is at any time used for hire or reward.

And/or

(ii) a motor cycle.
“Motor cycle” shall mean a mechanically propelled vehicle (not being an invalid carriage), with or without a sidecar, with fewer than four wheels of which the weight unladen does not exceed 410 kilograms.

GENERAL CONDITIONS

1. The Proposal and Declaration made by the Insured are the basis of and shall form part of this Policy.

2. Liability of the Insurer hereunder shall be conditional upon the Insured observing the terms and conditions of this Policy. The Policy and Schedule attaching hereto are to be read as one contract.

3. The Insured shall within 30 days of such an incident give notice in writing to the Insurer of any incident which may give rise to a claim under this Policy or upon the receipt of a Complaint, Summons, Notice of Prosecution or other communications concerning proceedings for an offence which may result in the penalty points endorsable on his/her licence totalling twelve or more, and within seven days of request by the Insurer provide such details and documents in connection therewith as the Insurer may require. Such notification shall be sent to Isle of Man Assurance Limited, at the address shown on the Schedule.

4. The Insurer shall be entitled, at any time, to require the Insured to provide at his/her expense such evidence as the Insurer may require of any disqualification or other matter relating to any claim.

5. In the event of any claim in accordance with the conditions of this Policy, the Insured shall, at the request and expense of the Insurer, take or permit to be taken all such steps as may reasonably be required by the Insurer for the purpose of enforcing any rights against or of obtaining any relief or indemnity from any person, to which the Insurer shall, upon providing to the Insured any such payment, become entitled by subrogation.

6. If, at the time of any claim under this Policy, there is any other insurance effected by or on behalf of the Insured, (or which would be effective but for the existence of this Policy) covering similar benefits insured hereunder the liability of the Insurer shall be limited to the extent of any excess beyond the amount payable (or the amount which would have become payable) under such other insurance.

7. (a) if an Insured person is disqualified from driving under Section 35 of the Road Traffic Offenders Act 1988 (or any amendment thereof) or any similar provision in force for Northern Ireland the Channel Islands or the Isle of Man by reason of the penalty points endorsed on his/her driving licence totalling twelve or more or for speeding under Section 89 of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988 (or any amendment thereof) or any similar provision in force for Scotland, Northern Ireland, the Channel Islands or the Isle of Man, he/she shall not re-qualify for the cover provided under this Policy until the expiration of the disqualification period from the date of his/her last previous conviction for the offence leading to or causing the disqualification.
(b) Where the Insured has nominated in writing a person to act as a driver in the event of a claim under this Policy:
(i) the Insurer may, instead of accepting such persons, nominate a person of the Insurer’s own choice;
(ii) the Insured shall produce to the Insurer such documentation to confirm that the driver has been employed by the Insured and that the Insured is complying with all taxation and National Insurance regulations as may be in force:
(iii) the Insurer may require such documentation as to confirm that monies claimed by the Insured have been passed to the driver.
(c ) where the Insured is using methods of transportation other than a person to act as driver in the event of a claim under this Policy:
(i) the insured shall obtain an account listing the daily use and cost of journeys made:
(ii) the Insured shall produce such substantiation as to confirm that the persons/companies used to maintain his/her mobility are licensed and insured for the purpose of providing vehicles and drivers for hire and gain.

8. The Insurer may cancel this Policy by giving 15 days written notice by recorded delivery letter to the Insured at his/her last known address. In such event the premium for the period up to the date when the cancellation takes effect shall be calculated and the Insurer shall return any unearned portion of the premium paid to the Insured unless the Policy is cancelled because of the submission of a false or fraudulent claim by the Insured when no refund of premium will be made.

9. If the premium due hereunder (whether paid annually, quarterly or monthly) remains unpaid after the date upon which it, or any part of it, becomes due and payable (whether or not demanded by the Insurer,) this Policy shall be deemed to be cancelled forthwith.

10. This Policy is not transferable and no premium or portion of a premium paid by the Insured is in any circumstances refundable, subject to Clause 8.

11. If the Insured shall give false or misleading information to the Insurer at any time, this Policy shall become void and the Insured shall forfeit all privileges and entitlements under this Policy and shall have no claim whatsoever against the Insurer.

12. If the Insured shall make any claim knowing the same to be fraudulent as regard to amount or otherwise, this Policy shall become void and all claims hereunder shall be forfeited.

13. Headings are included in this Policy for ease of reference only and shall not affect the interpretation thereof.

14. Payment to the Insured by the Insurer for an insured benefit shall be valid discharge of the Insurer’s liability.

15. Any word or expression in this Policy to which a specific meaning has been given shall bear that meaning wherever it appears and unless otherwise stated references to statutory provisions and other legislation are references to the statutes of the United Kingdom Parliament.

16. The insurer will give notice of renewal in writing at least 21 days prior to the renewal date and, and unless the policyholder requests otherwise in writing, will automatically renew policies paid for by direct debit or standing order.

17. The declarations made by the Insured whether verbal, written or Online are the basis of and are incorporated in this contract.

18. This Policy shall be subject to and construed in accordance with the laws of the Isle of Man.

Any dispute between the Insured and the Insurer shall be referred to a single arbitrator who shall be appointed by the parties in accordance with statutory provisions in that behalf for the time being in force. Where any difference is by this Condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against the Insurer.

For further information, or if you wish to complain about any aspect of the service you have received, please contact Isle of Man Assurance Limited. If your complaint is not dealt with to your satisfaction you can complain to the Isle of Man Financial Services Ombudsman. Copies of our complaints handling procedure are available on request.

This Insurance is underwritten by Isle of Man Assurance Limited, IOMA House, Hope Street, Douglas, Isle of Man, authorised by the Isle of Man Government Insurance and Pensions Authority and regulated by the Financial Services Authority for UK business.

Isle of Man Assurance is permitted to conduct business with the UK, it is not authorised to carry on business in the UK which means that the management and solvency are not supervised by the Financial Services Authority and you will not be protected by the Financial Services Compensation Scheme if the Insurer is unable to meet its liabilities to you. Isle of Man Assurance Limited is a member of the International Underwriters Association. Isle of Man Assurance is not subject to the same regulatory system as that applicable in the UK.

 

 

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