St Christopher Flashguard Policy Wording
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.
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.
(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;
The Insurer shall be under no liability;
In respect of the Insured if:
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.
Private motor vehicle shall mean
(i) a motor vehicle.
(ii) a motor cycle.
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.
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 Insurers 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.