Insurance Information for iCarsclub Members
PRIVATE MOTOR CAR POLICY
This Policy sets out the terms and conditions of a contract of insurance between Great American Insurance Company (hereinafter called the ‘‘Insurer’’) and the Insured. Please read the Policy carefully as this is a legal document.
ln consideration of the payment of premium to the Insurer specified in the Policy Schedule, and subject to the definitions, limitations, exclusions, terms, conditions and general provisions contained or endorsed in this Policy (herein after referred to as the "Terms and Conditions”), and on the basis of the truth of the proposal and declaration submitted and statements made by the Insured, the Insurer will indemnify the Insured for loss and damage to the extent provided under this Policy during the Period of Insurance.
SECTION I— COVERAGE ON THE INSURED VEHICLE
The Insurer will indemnify the Insured against loss of or damage to the Insured Vehicle and its
Accessories and spare parts whilst thereon caused by or arising from:
(a) accidental collision or overturning;
(b) fire, external explosion, self-ignition, lightning, burglary, housebreaking, theft or being hit by a falling object;
(C) riot, strike, civil commotion or malicious act; and/or
(d) convulsions of nature, including flood, earthquake, volcanic eruption, hurricane, cyclone, typhoon, windstorm, earthquake or other natural disaster.
The insurer will indemnify the insured against accidental loss of or damage to the Insured Vehicle and its Accessories and spare parts whilst thereon on the condition that:
(a) The loss or damage occurs within the Geographical Area;
(b) The Insurer is allowed to examine the full nature and extent of the loss or damage to the insured Vehicle and any Accessories or spare parts thereon before any indemniﬁcation is made by the lnsurer to the Insured, or before any repair, reinstatement or replacement; and
(C) The Insured has not made any attempt to recover from any other person.
It is hereby understood and agreed that the Insured will only be indemnified by the Insurer under this Policy for the costs of any Accident repair to the Insured Vehicle provided such repair is carried out at one of the lnsurer’s Authorized Workshops.
The Insurer may at its sole option, either indemnify the insured (i) by payment for the loss of or damage to the Insured Vehicle and its Accessories and spare parts thereon, or (ii) by repairing, reinstating or replacing the Insured Vehicle and its Accessories and spare parts thereon which have sustained loss or damage. The liability of the Insurer shall in any case not exceed the market value of the said Insured Vehicle, Accessories or spare parts and the reasonable cost of replacing and/or fitting the same.
In the case of a total loss or constructive total loss of the insured Vehicle, the maximum amount payable by the Insurer in respect of any claim under this Policy is the market value of the Insured Vehicle at time of loss or damage. The Insured Vehicle is considered a total loss if at the time of loss or damage, the Insurer in its sole discretion decides that it would not be safe to repair the Insured Vehicle. The Insured Vehicle is considered a constructive total loss if the cost of repairing the Insured Vehicle exceeds the difference between the market value and the salvage value of the insured Vehicle.
The Insured may authorize the repair of damage to the Insured Vehicle necessitated by damage for which the Insurer may be liable under this Policy provided:-
(a) the estimated cost of such repair does not exceed the authorized repair limit of S$300.00; and
(b) a detailed estimate and breakdown of the cost of such repair is forwarded to the Insurer by the Insured without delay.
If the Insured Vehicle is disabled by reason of any loss or damage insured under this Policy, the Insurer will bear the reasonable cost of protection and removal of the Insured Vehicle to the nearest workshop and for delivery to the Insured within the Geographical Area, up to an aggregate maximum sum of S$500.00, without prejudice to the insurers right to arrange for the Insured Vehicle to be repaired at any other workshop of its choice.
In the event that there is a loss or damage to the Insured Vehicle and its Accessories and spare parts whilst thereon requiring the supply of any part of the Insured Vehicle, an Accessory or spare part thereof not obtainable from stocks held in Singapore, the Insurer may indemnify the
Insured by payment to the insured in cash the amount of such loss or damage and the Insurer's liability in this respect shall be limited to:
(a) the price of the part, Accessory or spare part quoted in the latest catalogue or price list issued by the manufacturer of the insured Vehicle or its agents for the country in which the Insured Vehicle is held for repair; OR
(b) if no such catalogue or price list exists, the price of the part, Accessory or spare part last obtained at the manufacturer's works, plus the reasonable cost of transport of the part, Accessory or spare part otherwise than by air to the country in which the Insured Vehicle
is held for repair, and the amount of any relative import duty, and the reasonable cost of fitting such part, Accessory or spare part onto the Insured Vehicle.
In the event of a breakage of any glass in the windscreen or side windows of the Insured Vehicle, and where no other loss or damage is caused to the Insured Vehicle by the cause of such breakage, the Insurer will indemnify the Insured for the cost of replacement or repair of such glass. A payment to the Insured under this paragraph 8 will not affect the |nsured’s No
EXCLUSIONS TO SECTION I
This Policy does not cover, and the Insurer shail not be liable to the Insured for:
any depreciation, wear and tear, mechanical or electrical breakdown, failure, or breakage of the Insured Vehicle;
any loss or damage to the Insured Vehicle arising from a criminal breach of trust;
any excess, additional excess, unnamed driver excess, windscreen excess and corresponding Goods and Services Tax (GST) applicable to the Insured Vehicle;
any consequential loss or any loss of use expenses incurred due to damage and/or loss of the Insured Vehicle;
any willful act and/or negligence committed by the Insured or any Authorized Driver;
any repairs carried out by any repairer or workshop other than an Authorized Workshop, unless prior agreement is obtained from the Insurer
damage caused by overloading or strain of the Insured Vehicle or any Accessory or spare part whilst thereon;
damage caused by explosion of any boiler forming part of, attached to, or on the Insured Vehicle;
damage and/or loss to the tyres of the Insured Vehicle unless other parts of the Insured Vehicle are damaged and or lost simultaneously in the same Accident;
any damage and/or loss to the Insured Vehicle in respect of which the Insured makes a claim under this Policy more than fourteen (14) days after the occurrence of the event (which shall include the day of the Accident event) giving rise to the said claim; and
any delay in the settlement of claims under this Policy arising out of the non—availability or delay in delivery of any parts, Accessories or spare parts of the Vehicle for the purpose of repair, reinstatement or replacement; and
any damage caused whilst the Insured Vehicle is in transit (including loading and unloading) between:-
a. Singapore and her offshore islands; or
b. West Malaysia and her offshore islands other than Penang.
SECTION II — LIABILITY TO THIRD PARTIES
In the event of an Accident caused by or arising out of the use, loading or unloading of the Insured Vehicle:
(a) the Insurer will indemnify the Insured for all sums which the Insured shall become legally liable to pay, including any claimant's costs and expenses, in respect of:
(i) Death of or bodily injury to any person; or
(ii) Damage to property up to S$5,00D,000.00 per claim or series of claims arising out of any one Accident; and
(b) the Insurer will indemnify any Authorized Driver who is driving the Insured Vehicle as though the Authorized Driver were the Insured in accordance with and subject to the Terms and Conditions of this Policy, provided that such Authorized Driver:
(i) shall as though he were the Insured observe, fulfil and be subject to the Terms and Conditions of this Policy, insofar as they can apply to the Authorized Driver; and
(ii) is not entitled to an indemnity under any other policy of insurance.
In the event of the death of any person entitled to an indemnity under this Section, the Insurer will in respect of the liability incurred by such person indemnify his personal representatives in accordance with and subject to the Terms and Conditions of this Policy, provided that such
personal representatives shall as though they were the Insured observe, fulfil and be subject to the Terms and Conditions of this Policy, insofar as they can apply to such personal representatives.
The Insurer will pay any reasonable costs and expenses (including taxes and interest thereon, but not loss of earnings or loss of profits) incurred in the defence of any claim made against the insured.
In the event of an Accident involving an indemnity under this Section to more than one person, the cumulative liability of the Insurer to indemnify all such persons in the aggregate shall not exceed limits of liability deﬁned under Section II fail, and such indemnity shall apply in priority to the insured.
5. The Insurer may at its sole option:
(a) arrange for legal representation at any inquest or inquiry in respect of any death which may be the subject of an indemnity under this Section; and
(b) undertake the defence of proceedings in any court in respect of any act, omission or alleged offence causing or relating to any event which may be the subject of an indemnity under this Section.
EXCLUSIONS TO SECTION II
This Policy does not cover, and the Insurer shall not be liable in respect of:
any death, bodily injury or damage caused or arising in connection with the bringing of any load to the Insured Vehicle for loading, or the removal of any load from the insured Vehicle after unloading, that occurs beyond the limits of any road, carriageway or thoroughfare;
any death of or bodily injury to any person in the employment of the Insured arising out of and in the course of such employment;
any loss or damage to property belonging to, held on trust by, or in the custody or control of the Insured or a member of the insureds household, or any property carried by the insured Vehicle;
any damage to any bridge, weighbridge, or viaduct or to any road or anything beneath such bridge, weighbridge or viaduct, caused by vibration or by the weight of the Insured Vehicle or of the load carried by the Insured Vehicle;
any damage to property caused by or arising out of the explosion of any boiler forming part of, attached to, or in the Insured Vehicle; or
any death or bodily injury to any person caused by or arising out ofthe explosion of any boiler forming part of, attached to, or on the insured Vehicle, except so far as is necessary to meet the requirements of the Legislation.
SECTION III — MEDICAL EXPENSES
If the Insured or any Authorized Driver or any passenger in the insured Vehicle suffers bodily injury sustained as the direct and immediate result of an Accident involving the insured Vehicle during the Period of Insurance which is caused by accidental, violent, external and visible means, the insurer will
pay the reasonable medical expenses incurred in treating such injury, subject to a maximum sum of S$500.00 per person per Accident.
SECTION IV — PERSONAL ACCIDENT BENEFIT
(This benefit is applicable only under comprehensive cover)
If the Insured suffers death or bodily injury from an accidental, violent, external and visible cause:
a) that directly involves the Insured Vehicle; or
b) that occurs when the insured is driving, travelling in, getting into or out of the Insured Vehicle;
The insurer will pay:
(i) the Insured or the Insured's personal representative(s) the amount shown in the Scale of Benefits for death or bodily injury arising out of an Accident in which the Insured is the driver of, or a passenger in, the Insured Vehicle; and
(ii) each of the passengers and Authorized Driver in the Insured Vehicle, or their personal representative(s), half of the amount shown in the Scale of Benefits for death or bodily injury arising out of an Accident involving the Insured Vehicle;
Provided always that such death or bodily injury must have occurred on the day of the Accident and/or any subsequent effects of the bodily injury must have occurred within three (3) calendar months of the Accident, and be independent of any other cause (except associated medical or surgical treatment consequent upon such bodily injury).
No compensation shall be payable in respect of death or bodily injury directly or indirectly wholly or in part arising or resulting from or traceable to:
(i) intentional self-injury, suicide or attempted suicide;
(ii) physical defect or inﬁrmity; or
(iii) an Accident happening whilst the Insured was under the inﬂuence of intoxicating liquor or drugs.
2. The Compensation
The cumulative compensation payable during a Period of Insurance under any of the events stated in the Scale of Benefits below shall not exceed S$20,000.00 in the aggregate.
If multiple injuries (as stated in the Scale of Benefits table below) are sustained in the same Accident, the Insurer will only pay for the single injury with the greatest compensation stated in the Scale of Benefits below.
The insurer shall pay the compensation to the Insured, or in the event of death, to the insureds legal personal representative. Once the compensation has been paid, the Insurer shall have no further liability to the insured or his legal personal representative. If the Insured holds more than one Motor Policy with
the Insurer, compensation will only be payable under one Motor Policy in the sole discretion of the Insurer.
Scale of Benefits
Physical loss or death by injury Compensation
1. Death S$20,000.00
Total and permanent loss of all sight in:
2. both eyes S$20,000.00
3. one eye S$10,000.00
Loss by physical severance at or above the wrist or ankle of:
4. both hands S$20,000.00
5. one hand S$10,000.00
6. both feet S$20,000.00
7, one foot S$10,000.00
8. one hand and one foot S$20,000.00
Loss of sight together with hand or foot:
9.Total and permanent loss of sight in one eye together with
the totalloss by physical severance of one hand
(at or above the wrist) or one foot (at or above ankle) $$20,000.00
Maximum amount payable in a Period of Insurance: S$20,000.00
No CLAIM DISCOUNT (“NCD")
In the event of no claims being made or arising under this Policy during a period of insurance specified below immediately preceding the renewal of this Policy, the renewal premium of this Policy shall be reduced and discounted as follows:
Period of Insurance Discount
The preceding year 10%
The preceding two consecutive years 20%
The preceding three consecutive years 30%
The preceding four consecutive years 40%
The preceding five or more consecutive years 50%
If at the time of a claim under this Policy the NCD is 40% or 50%, the NCD shall be reduced to 10% or 20% respectively. If at the time of a claim under this Policy the NOD is 30% or less, the entire NCD shall be cancelled and the Insured shall not have the benefit of any NCD. For the avoidance of doubt, this
reduction in NCD will not apply to a claim under Section I (8) for the cost of repair or replacement of broken glass in the windscreen or side windows of the Insured Vehicle.
If more than one claim is made during any one Period of Insurance, the entire NDC shall be cancelled and the Insured shall not have the benefit of any NCD, irrespective of the NOD previously earned.
it the Insurer consents to a transfer of the Insured’s interest in this Policy, any NCD applicable under this Policy during the time of such transfer shall not be transferred to the transferee.
If more than one insured Vehicle is described in the Schedule, the NCD will be applied to each Insured Vehicle as if a separate policy had been issued for each Insured Vehicle
(APPLICABLE TO THE WHOLE POLICY)
This Policy does not cover, and the Insurer shall not liable for:
any accident, loss, damage, death, injury or liability caused, sustained or incurred:
outside the Geographical Area; whilst the Insured Vehicle is:
being used otherwise than in accordance with the Limitations as to Use;
being used or driven by any person other than the Insured or an Authorized Driver, or any person other than any person on the Insured’s instructions or with the Insured’s permission;
being used or driven by any person whether it be the Insured, an Authorized Driver or any person on the |nsured’s order or with the Insured’s permission whilst under the influence of intoxicating liquor or drugs, and a conviction against the driver for an offence under Sections 68 to 71A of the Road Trafﬁc Act (Cap 92) and/or any legislation or laws prohibiting the abuse of intoxicating liquor or drugs shall be conclusive evidence for this Exclusion (b)(iii) to apply where the offence was committed at the time of an Accident or event giving rise to a claim under this Policy;
being used or driven when the Insured Vehicle is not registered or licensed under the Legislation or when the registration or licensing of the Insured Vehicle under the Legislation has been cancelled or is invalid in any manner; being used or driven with modifications that have not been approved by the Registrar of Vehicles in accordance with the Road Trafﬁc (Motor Vehicles, Registration and Licensing) Rules or by the relevant regulatory authority;
being used or driven when the number of persons in the Insured Vehicle exceeds the legal seating capacity of the insured Vehicle in accordance with the Road Traffic (Motor Vehicles, Registration and Licensing) Rules or other applicable legislation.
any accident, loss, damage, death, injury or liability directly or indirectly caused by or arising from or in consequence of or contributed to by any of the following:
(a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war is declared or not);
(b) civil war, mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power;
(C) martial law, or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege;
(d) any act of any person acting on behalf of or in connection with any group or organization directed towards the overthrow by force of any de jure or de facto government or to the inﬂuencing of it by terrorism or violence;
(e) strikes, riots, civil commotions, industrial disputes, boycotts, lockouts, stoppages or restraints of labour of any nature or kind whatsoever, whether partial or general, and whether or not involving employees of the Insured;
(f) (i) permanent or temporary dispossession resulting from confiscation, nationalisation, commandeering or requisition by any lawfully constituted authority,
(ii) permanent or temporary dispossession of any land or building resulting from the unlawful occupation of such land or building by any person, provided that the Insurer is not relieved of any liability to the Insured in respect of physical damage to the Insured Property occurring before dispossession;
(g) the destruction of property by order of any public authority.
3. any accident, loss, damage, injury or liability directly or indirectly caused by or arising from or in consequence of or contributed to by an Act of Terrorism, or any action taken in controlling, preventing, suppressing, retaliating against, responding to or in any way relating to any Act of
Terrorism, regardless of any other cause or event contributing concurrently or in any other sequence to the liability, and for the purpose of this exclusion, an “Act of Terrorism” means an act, including but not limited to the use of force or violence and/or any preparation or threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s) de facto or de jure which from its nature
or context is done for, or in connection with, political, religious, ideological, ethnic or similar purposes or reasons, including the intention to influence any government de facto or dejure of any nation of any political division thereof and/or to put the public. or any section of the public,
4. any sum which the insured would have been entitled to recover but for an agreement between the Insured and any other party;
5. any liability of the insured which arises by virtue of any agreement made between the Insured and any other party which would not have arisen in the absence of such agreement;
6. any accident, loss, damage, death, injury or liability directly or indirectly caused by or contributed to by or arising from:
(a) any ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclearfuel or any derivative or similar substance and for the purpose of this Exclusion 6(a) combustion shall include any process of nuclear fission;
(b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter, nuclear installation, reactor or other nuclear assembly or nuclear component thereof;
(C) any weapon or device employing atomic or nuclear fission, fusion and/or other like reaction, radioactive force and/or matter;
(d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter;
(e) any chemical, biological, bio—chemical, or electromagnetic weapon.
In any action, suit or other proceeding where the Insurer alleges that by reason of the provisions of Exclusions (2), (3) or (6) above, any loss or damage is not covered by this Policy, the burden of proving that such loss or damage is covered shall be upon the insured.
(APPLICABLE TO THE WHOLE POLICY)
This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear.
This Policy only provides cover for any accident, loss, damage, death, injury or liability arising within the Geographical Area.
Notification of Accidents
In the event of any Accident involving the Insured Vehicle, irrespective of whether it would give rise to a claim under this Policy, the Insured shall immediately report the Accident to the Insurer within 24 hours of the Accident or by the next working day thereof.
Every letter, claim, demand, writ, summons or process shall be notified or forwarded unanswered to the Insurer immediately on receipt. Notice shall also be given to the Insurer immediately after the Insured or any person claiming to be indemnified under this Policy shall have knowledge of any impending claim, demand, proceeding, prosecution, inquest, inquiry or offer of composition in connection with any such Accident and/or event which may give rise to
a claim under this Policy.
In case of theft or other criminal act giving rise or likely to give rise to a claim under this Policy, the Insured shall immediately notify both the Police and the Insurer of the event, and co—operate with the Insurer in securing the conviction of the offender.
Every notice or communication to be given or made under this Policy shall be delivered in writing to the Insurer at the |nsured’s own expense.
Care of Insured Vehicle
The Insured shall take all reasonable steps to safeguard the Insured Vehicle from loss or damage, and to maintain the Insured Vehicle in an efficient and roadworthy condition. The Insurer shall at all times have free and full access to examine the Insured Vehicle or any part thereof, or interview any Authorized Driver, or any driver or employee of the insured. In the event of any Accident involving or breakdown of the Insured Vehicle, the Insured Vehicle shall
not be left unattended without proper precautions being taken to prevent further loss of or damage to the Insured Vehicle. If the Insured Vehicle is driven before the necessary repairs are made, any extension or aggravation of the damage to the insured Vehicle shall not be covered under this Policy.
No admission offer promise or payment shall be made by or on behalf of the insured or any person claiming to be indemnified without the written consent of the Insurer. The insurer shall be entitled if it so desires to take over and conduct in the name of the Insured or such person the defence or settlement of any claim or to prosecute in the name of the Insured or such person for the Insurer's benefit any claim for indemnity or damage or contribution or otherwise, and shall have full discretion in the conduct of any proceeding and in the full settlement of any claim and the Insured and such person shall give to the Insurer all such information and assistance as the Insurer may require.
At any time after the happening of any event giving rise to a claim or series of claims under Section II — 1(a) (ii) of this Policy the Insurer may pay to the Insured the full amount of the Insurer's liability under Section II —- 1(a)(ii) and relinquish the conduct of any defense settlement or proceedings to the insured and the Insurer shall not be responsible for any loss, damage,
costs or expense alleged to have been caused to or suffered by the Insured in consequence of any alleged action or omission of the Insurer in connection with such defence settlement or proceedings or of the Insurer relinquishing such conduct nor shall the Insurer be liable for any costs or expenses whatsoever incurred by the Insured or any claimant or other person after the
Insurer shall have relinquished such conduct.
This Policy may be cancelled at any time by the Insurer by sending seven (7) days’ notice in writing to the insured at his last known address. The Insured may at any time also cancel this Policy by giving the Insurer seven (7) days’ notice in writing.
Upon the cancellation of this Policy:
(a) the Insurer will return to the Insured a proportionate part of the premium corresponding to the unexpired Period of insurance, less 15%; and
(b) the Insured will return or destroy the Certificate of Insurance as required by law. However, the Insurer will not be liable to return any premium to the Insured if:
(a) any claim has been made or has arisen under this Policy;
(b) the Insurer has paid to the Insured one or more claims under or in connection with this Policy; or
(c) the proportionate part of the premium corresponding to the unexpired Period of Insurance is less than $5.00.
If this Policy is cancelled by the Insured before the effective date of insurance, the Insurer will charge the insured a minimum premium of S$53.5O (inclusive of GST).
If at the time of any event or Accident giving rise to a claim under this Policy there is any other insurance covering the same loss or damage, the Insurer shall not be liable to pay or contribute more than its rateable proportion thereof. For the avoidance of doubt, this Policy will not cover any person other than the Insured who has other insurance covering the same loss, damage or liability, and nothing in this Condition shall impose on the Insurer any liability from which but for this Condition it would have been relieved under Section II — 1(b)(ii) of this Policy.
If any difference or dispute arises as to the amount to be paid in respect of a claim by the Insured under this Policy (liability being othenivise admitted by the Insurer), such dispute or difference shall be referred to and finally resolved by arbitration in the English language by a sole arbitrator in Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre ("SlAC Rules") for the time being in force, which rules are deemed to be incorporated by reference herein. Where any difference or dispute is by this Condition to be referred to arbitration, the making of a final unappealable award shall be a condition precedent to any further or other right of action by the insured against the Insurer.
(a) The Insurer's Liability
The due observance and fulfilment of the Terms and Conditions contained or endorsed in this Policy insofar as they relate to anything to be done or not to be done by the Insured, or any person claiming to be indemnified, and the truth of the statements and answers in the proposal, shall be conditions precedent to any liability of the insurer to make any payment under this Policy.
(b) Premium Payment
The validity of this Policy is subject to the condition precedent that:
(i) For the risk insured, the Insured has never had any insurance terminated in the last twelve (12) months due solely or in part to a breach of any premium payment condition; or
(ii) If the Insured has declared that it has breached any premium payment condition in respect of a previous policy taken up with another insurer in the last twelve (12) months:
(1) The Insured has fully paid all outstanding premium from time to time on risk calculated by the previous insurer based on the customary short period rate in respect of the previous policy; and
(2) A copy of the written confirmation from the previous insurer to this effect is first provided by the Insured to the Insurer before cover incepts.
Contracts (Rights of Third Parties) Act (Chapter 53B)
A person who is not a party to this Policy contract shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms.
This Policy shall be governed by and construed in accordance with the laws of the Republic of Singapore.
The Insurer shall not be deemed to provide cover nor be liable to pay any claim or provide any beneﬁt hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer or any member of the Insurer's group to any sanction, prohibition or restriction under the trade or economic sanctions, laws or regulations of any jurisdiction applicable to the Insurer, including but not limited to, the United Nations
resolutions and the trade or economic sanctions, laws or regulations of Singapore, the European Union, United Kingdom or United States of America.
The indemnity under this Policy shall not apply in respect ofjudgments which are not in the first instance delivered by or obtained from a Court of competent jurisdiction within West Malaysia or the Republic of Singapore.
15. Avoidance Of Certain Terms And Right Of Recovery
If the Insurer is obliged by virtue of the Legislation or the Agreement executed between the Minister of Transport of the Government of Malaysia and the Motor Insurers Bureau of West Malaysia on 15 January 1968 or the Agreement executed between the Minister for Finance of the Republic of Singapore and the Motor Insurer's Bureau of Singapore on 22 February 1975, or any subsequent revisions to the Legislation or the above Agreements, to pay an amount for
which the Insurer would not otherwise be liable under this Policy, the Insured shall repay such amount in full to the Insurer.
DEFINITION OF WORDS
(Applicable to the whole Policy)
Certain words have been deﬁned as stated below and have the same meaning wherever they are used in the Policy, the Schedule and the Certificate of Insurance.
Accessory or Accessories
Shall mean any audio visual equipment and other equipment provided or fitted as standard equipment by the car manufacturer and/or distributor. Any subsequent additions, unless declared and endorsed under this Policy, will not be insured under this Policy.
Mean a fortuitous event that is violent, visible and external in relation to the Insured Vehicle.
Means or refers to:
any person named in the Schedule as “Authorized Drivers” and/or any person named in Certificate of Insurance under “Persons or classes of persons entitled to drive".
In the event of the death of the Poficyholder, Authorized Driver includes:
a) any member of the Policyholder's family or a paid driver who have been driving any vehicle described in the Schedule during the life of the Policyholder and permission to drive has not been withdrawn prior to the death of the Policyholder;
b) any other person who has been given permission to drive any Insured Vehicle
described in the Schedule prior to the death of the Policyholder and such permission has not been withdrawn by the Policyholder.
Provided that the person driving is permitted in accordance with the licensing or other laws or regulations to drive any vehicle described in the Schedule or has been so permitted and is not disqualified by order of a court or by reason of any enactment or regulation in that behalf from driving such vehicle.
1. The Republic of Singapore;
2. West Malaysia;
3. Transit by direct sea route across:
a) the straits between the isiand of Penang and the mainland of West Malaysia; and
b) the straits between Changi Point, Singapore and Tanjong Belungkor, Johore;
subject to the Policyholder or other person for the time being in charge of the Insured Vehicle having complied in all things with the rules, regulations or lawful directions of the carrier; and
4. That part of Thailand within 80 kilometres of the border between Thailand and West Malaysia.
Means or refers to the person who contracted with the Insurer for the Policy and under whose name this Policy has been issued.
Means the vehicle the Insurer is insuring as shown in the Schedule, fitted with standard equipment by the manufacturer or distributor without any modification to any its parts, Accessories, windscreen and/or windows, unless otherwise declared with details and endorsed under this Policy.
Means Great American Insurance Company, Singapore Branch
Means the document which is part of the Policy which gives details of the cover which the Insured has under this Policy.
Young & inexperienced Driver
Shall mean any person whom
a) is below 24 years old; and/or
b) has held a valid driving license for less than 2 years Legislation:
Motor Vehicles (Third-Party Risks and Compensation) Act (Chapter 189)
Motor Vehicles (Third—Party Risks and Compensation) Rules
Road Transport Act, 1987 (Malaysia)
Motor Vehicles (Third—Party Risks) Rules 1959 (Malaysia)
If a law or laws are named in a section of the Policy entitled "Avoidance of Certain Terms and Right of Recovery" or in the Policy Schedule under the heading of “Legislation”, all references to specific Sections of such laws are deemed to be deleted so that references to such law or laws are left to apply to each law in its entirety.
As described in the Certificate of Insurance
Limitations as to Use:
As described in the Certificate of Insurance
1. PREMIUM WARRANTY CLAUSE (Applicable for non-individual insureds)
a. Notwithstanding anything herein contained but subject to sub—cIause 1b hereof, it is hereby agreed and declared that if the Period of Insurance is 60 days or more, any premium due must be paid and actually received in full by the Insurer (or the intermediary through whom this Policy was effected) within 60 days of the:
(i) Inception date of the coverage under this Policy, renewal certificate or cover note; or
(ii) Effective date of each endorsement, if any, issued under this Policy, renewal certificate or cover note.
b. In the event that any premium due is not paid and actually received in full by the Insurer (or the intermediary through whom this Policy was effected) within the 60~day period referred to above, then:
(i) The cover under this Policy, renewal certificate, cover note or endorsement is automatically terminated immediately after the expiry of the said 60-day period;
(ii) The automatic termination of the cover shall be without prejudice to any liability incurred within the said 60-day period; and
(iii) The Insurer shall be entitled to a pro-rata time on risk premium subject to a minimum of S$26.'/5 (Inclusive of GST).
c. If the Period of Insurance is less than 60 days, any premium due must be paid and actually received in full by the Insurer (or the intermediary through whom this Policy was effected) within the Period of Insurance.
2. PREMIUM BEFORE COVER (Applicable for individual insureds)
a. Notwithstanding anything herein contained but subject to sub-clause 2b hereof, it is hereby agreed and declared that the total premium due must be paid and actually received in full by the Insurer (or the intermediary through whom this Policy was effected) on or before the inception date (the “Inception Date") of the coverage under the Policy, Renewal Certificate, Cover Note or Endorsement.
b. In the event that the total premium due is not paid and actually received in full by the Insurer (or the intermediary through whom this Policy was effected) on or before the Inception Date referred to above, then the Policy, Renewal Certiﬁcate, Cover Note and Endorsement shall be deemed to be cancelled immediately and no beneﬁts whatsoever shall be payable by the Insurer. Any payment received thereafter shall have no effect whatsoever on the cancellation
of the Policy, Renewal Certificate, Cover Note and Endorsement.
ENDORSEMENTS APPLICABLE TO THE POLICY
The following Endorsements only apply to this Policy when they are specifically mentioned in the Schedule and are subject to the definitions, limitations, exclusions, terms, conditions and general provisions of this Policy.
Preferred Workshop Endorsement
It is hereby understood and agreed that Section L3. is deleted and replaced with the following.
The Insured will be indemnified by the Insurer under this Policy for the costs of any Accident repairs to the Insured Vehicle carried out at any workshop of the insureds preference.
Distributor Workshop Endorsement (endorsement only applicable for vehicles 0-3 years) It is hereby understood and agreed that Section |.3. is deleted and replaced with the following.
The Insured will be indemniﬁed by the Insurer underthis Policy for the costs of any Accident repairs to the Insured Vehicle provided it is carried out at the Insured Vehicle's Authorised Distributor workshop.
Additional Excess for Unnamed Driver — Own Damage Claims
It is hereby understood and agreed that notwithstanding anything to the contrary contained in Section I of this Policy, the Insured in respect of each and every event shall be responsible for the following Additional Excess when the Insured Vehicle is being driven by an Unnamed Authorized Driver:-
a) Additional Excess of SGD3,500.00 will apply if the Authorized Driver is below 24 years old and/or has less than 24 months driving experience;
b) Additional Excess of SGD500.00 will apply if the Authorized Driver is 24 years old and above with more than 24 months driving experience.
If the Insurer makes payment to the Insured under this Policy which includes the Additional Excess for which the insured is responsible, such amount shall be repaid by the Insured to the Insurer forthwith.
For the purposes of this Endorsement the expression “event” shall mean an event or series of events arising out of one cause in connection with the Insured Vehicle. This Endorsement shall not apply to loss or damage caused by fire, external explosion, self—ignition, lightning, burglary, housebreaking or
Third Party Only
It is hereby understood and agreed that Sections I (and its Exceptions), III and IV of this Poiicy are not applicable.
The Insurer shall only indemnify the Insured under Section II of the Policy.
Third Party Fire and Theft
It is hereby understood and agreed that Sections Ill and IV of this Policy are not applicable.
The Insurer shall indemnify the Insured under Sections I and II of the Policy, save that notwithstanding anything to the contrary contained in Section I ofthe Policy, the Insurer shall only indemnify the Insured under Section I of the Policy for loss of or damage to the Insured Vehicle by fire or theft.
It is hereby understood and agreed that the party named in the Schedule of the Policy as the owner of the Insured Vehicle (hereinafter referred to as the ‘‘owner'’) are the owners of the Insured Vehicle and that the Insured Vehicle is the subject of a hire purchase agreement made between the Owner and the
Insured (the "Hire Purchase Agreement”).
It is further understood and agreed that any payment made in respect of loss of or damage to the insured Vehicle or any of its Accessories or spare parts (which loss or damage is not made good by repair, reinstatement, or replacement) under Section I of this Policy shall be made to the Owner as long as it remains the owner of the Insured Vehicle, and the receipt of the Owner of such payment shall be a full and ﬁnal discharge of the insurers liability to the Insured in respect of such loss or damage.
It is also understood and agreed that notwithstanding any provision the Hire Purchase Agreement to the contrary this Policy is issued to the Insured as the principal party and not as agent or trustee for the Owner and nothing herein shall be construed as constituting the Insured an agent or trustee for the
Owner or as an assignment (whether legal or equitable) by the Insured to the Owner of his rights, beneﬁts and claims under this Policy.
It is further understood and agreed that the insured shall not assign his rights benefits and claims under this Policy without the insurer's prior consent in writing.
No Claim Discount Protection
The Insurer will maintain the |nsured’s No Claim Discount (“NCD”) under the NCD Clause of this Policy notwithstanding that any claim has arisen out of one accident during the Period of Insurance.
The Insured cannot transfer the NOD protection to another insurance company. For the avoidance of doubt, this endorsement does not guarantee that the Insurer will renew this Policy.
Fleet Rated Risks — Cancellation of No Claim Discount
It is hereby understood and agreed that the No Claim Discount ("NCD") Clause of this Policy is deemed to be cancelled and shall have no effect whatsoever.
Cover whilst driven by a Motor Repairer
It is hereby understood and agreed that notwithstanding anything contained to the contrary in the Limitations as to Use but subject otherwise to the Terms and Conditions of this Policy, the insurance under this Policy shall be operative but only in so far as it relates to the Insured whilst the Insured
Vehicle is in the custody or control of a Motor Repairer for the purpose of overhaul upkeep or repair. For the purpose of this endorsement, Motor Repairer shall mean a registered business or company whose nature of business is listed in its records with the Accounting and Corporate Regulatory Authority
of Singapore as "REPAIR AND MAINTENANCE OF MOTOR VEHICLES".
Private use — Indemnity to Person Using
It is hereby understood and agreed that whilst the Insured Vehicle is being used by any person for social, domestic or pleasure purposes with the permission of the Insured, the Insurer will in accordance with the terms of and subject to the limitations and exclusions of and for the purposes of Section II of
this Policy indemnify the person using the Insured Vehicle in respect of any act or omission of the driver provided that:-
(1) Such person is not entitled to any indemnity under any other policy of insurance.
(2) Such person shall as though he was the Insured observe fulﬁl and be subject to the Terms and Conditions of this Policy insofar as they can apply to such person.
Legal liability of Passengers for Acts of Negligence
It is hereby understood and agreed that the Insurer will at the request of the Insured indemnify in accordance with the terms and subject to the limitations and exclusions of Section II of this Policy, any person mounting into, dismounting from, or travelling in the Insured Vehicle, such person being
hereinafter called the "Passenger”.
Provided that the Passenger:-
(I) is not driving the Insured Vehicle or in charge of the Insured Vehicle for the purpose ofdriving;
(ii) is not entitled to any indemnity under any other policy of insurance;
(iii) shall as though he were the Insured observe fulfil and be subject to the
Terms and Conditions of this Policy, insofar as they can apply to the Passenger.
The Insurer shall not liable in respect of:
(a) any death of or bodily injury to any person in the employment of the Passenger where such death or bodily injury arises out of or in the course of such employment;
(b) any damage to property belonging to or held in trust by or in the custody or control of the Insured or of the Passenger or being conveyed by the Insured Vehicle.
Non Cancellation Clause
The insurer undertakes to obtain consent of the Owner specified in the Schedule prior to their cancellation of the Policy if instructions have been received for the cancellation of the Policy and also to advise the Owners immediately of any other material changes which are proposed to be made to the Terms and Conditions of this Policy.
Policy Owners’ Protection Scheme
This policy is protected under the Policy Owners’ Protection Scheme which is administered by the Singapore Deposit Insurance Corporation (SDIC).
Coverage for your policy is automatic and no further action is required from you. For more information on the types of beneﬁts that are covered under the scheme as well as the limits of coverage, where applicable, please contact your insurer or visit the GIA or SDIC websites (www.gia.org.sg_ or www.sdic.org.sg).