packages    Commercial    Business Package    Insurance Policy
Lumley Insurance                  COMMERCIAL BUSINESS PACKAGEBRANCH NETWORK                                  POLICY WORDIN...
Table of contentsImportant Information .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . ...
Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  51           ...
Important InformationImportant Information                                                Your Premium also includes amoun...
Consequence of non-disclosure                                           8.	PrivacyIf You fail to comply with Your duty of ...
Important InformationWe may also use and disclose Your personal information for a              GST exclusive basis. Any cl...
General Conditions apply to all sections of this Policy. Each                                                             ...
General Provisions“Policy” means this document, the Policy Schedule and any             “Your Business” means the business...
This Policy also excludes any loss, destruction, damage, death,           (b)	 media or systems used in connection with an...
General Provisionsfire, lightning; thunderbolt, explosion, implosion, earthquake,        4.	Cancellationsubterranean fire,...
Provided always that this General Policy condition shall not apply      (b)	  ny declaration, statement or representation ...
General Provisions17.	Reasonable care                                                        20.	Sale of salvageYou must t...
Business Property Cover                                                 (e)	 computer systems records, manuscripts, other ...
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Lumley Business Pack PDS
Upcoming SlideShare
Loading in...5
×

Lumley Business Pack PDS

465

Published on

Document provided courtesy of http://www.insuranceratemonitors.com.au

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
465
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
4
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Transcript of "Lumley Business Pack PDS"

  1. 1. packages Commercial Business Package Insurance Policy
  2. 2. Lumley Insurance COMMERCIAL BUSINESS PACKAGEBRANCH NETWORK POLICY WORDING AND PRODUCTAustralian Capital TerritoryLevel 4, 10 Rudd Street DISCLOSURE STATEMENTCanberra City ACT 2600Phone: (02) 6279 0333 IntroductionFax: (02) 6279 0330 The insurer of this Commercial Business Package insurance is Wesfarmers GeneralNew South Wales Insurance Limited ABN 24 000 036 279 AFS Licence No. 241461, trading as LumleyLumley HouseLevel 9, 309 Kent Street Insurance.Sydney NSW 2000 This document contains important information about this insurance and howPhone: (02) 9248 1111Fax: (02) 9248 1122 it works. Before making a decision to take up this insurance, please read this document carefully.Suite 19, Eastpoint Centre50 Glebe Road To determine if this insurance is appropriate for You, it is important that You read:The JunctionNewcastle NSW 2291 • this Introduction and the Important Information - it contains information on Phone: (02) 4925 7500 important matters You need to be aware of before applying for this product;Fax: (02) 4940 0295 • the Policy, which explains the features, benefits, terms conditions and exclusions Northern Territory of this product;Level 2, Beagle House • any other documents We provide to You about this product which may change 38 Mitchell StreetDarwin NT 0800 the features, benefits, terms, conditions and exclusions described in the Policy.Phone: (08) 8946 4600Fax: (08) 8946 4666 About SteadfastQueenslandLevel 2, 99 Melbourne Street Steadfast is an unlisted public company comprising over 270 shareholders.South Brisbane QLD 4101 Each shareholder is an independent insurance brokerage. This Policy is availablePhone: (07) 3307 4800 exclusively to You through shareholders of Steadfast Group Limited. Steadfast GroupFax: (07) 3307 4899 Limited does not issue, guarantee or underwrite this Policy.South Australia465 Pulteney Street Important information about Steadfast’s adviceAdelaide SA 5000Phone: (08) 8228 1700 Any advice Steadfast gives about this Policy does not take into account any of YourFax (08) 8228 1777 particular objectives, financial situation or needs. For this reason, before You act onTasmania Steadfast’s advice, You should consider the appropriateness of the advice taking intoLevel 1, 27 Paterson Street account Your own objectives, financial situation and needs. Before You make anyLaunceston TAS 7250 decisions about whether to acquire this Policy We recommend You should read thisPhone: (03) 6345 4700 Insurance Policy.Fax: (03) 6345 4711VictoriaLevel 3, 99 King StreetMelbourne VIC 3000Phone (03) 8627 4333Fax: (03) 8627 4312Western AustraliaLevel 9, 50 St George’s TerracePerth WA 6000Phone: (08) 9220 8222Fax: (08) 9220 8251 Preparation Date: 25 September 2012
  3. 3. Table of contentsImportant Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Optional extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1. Entering into the Policy with Us . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2. Cost of the Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Machinery and Electronic Cover Section. . . . . . . . . . . . . . . . . . 31 3. Your Duty of disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Important information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4. Other party’s interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Parts 1 & 2 - Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 5. Cooling Off. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. Code of practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 1 – Machinery Cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7. Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 1 – Cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 8. Privacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 1 – Basis of settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 9. Goods and Services Tax (GST). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 1 – Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 10. Terrorism Insurance Act 2003 (cth). . . . . . . . . . . . . . . . . . . . . . . . 3 Part 1 – Optional Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11. Underinsurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. Financial Claims Scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 – Electronic Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13. Exclusions and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 – Cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 14. Updating the Product Disclosure Statement. . . . . . . . . . . . . . 4 Part 2 – Basis of settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 15. Section 40 Insurance Contracts Act 1984(Cth). . . . . . . . . . . . 4 Part 2 – Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 16. Victorian Fire Service Levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 – Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 2 – Optional extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Parts 1 & 2 – Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 General definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Parts 1 & 2 – Additional benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 General exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Parts 1 & 2 – Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 General conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Public and Products Liability Cover Section. . . . . . . . . . . . . . . 37Business Property Cover Section. . . . . . . . . . . . . . . . . . . . . . . . . 10 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Limits of liability and excess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Additional benefit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Defined events cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Optional extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Accidental damage cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Optional extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Glass Cover Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46Business Interruption Cover Section. . . . . . . . . . . . . . . . . . . . . . 18 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Part A – Annual revenue basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part B – Weekly revenue basis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 General Property Cover Section. . . . . . . . . . . . . . . . . . . . . . . . . . 47 Part C – Insurable gross profit basis . . . . . . . . . . . . . . . . . . . . . . . . 20 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Common clauses to parts A, B and C. . . . . . . . . . . . . . . . . . . . . . . 21 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Optional extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Optional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Theft Cover Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Employee Dishonesty Cover Section . . . . . . . . . . . . . . . . . . . . 48 . . Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Additional Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Optional extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49Money Cover Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Transit Cover Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Defined events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Basis of settlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Additional benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
  4. 4. Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part B - Heavy Motor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part C - Mobile Plant and Equipment. . . . . . . . . . . . . . . . . . . . . . . 69Management Liability Cover Section . . . . . . . . . . . . . . . . . . . . . 52 Part A - Commercial Motor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Important information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 General Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Section 1 - Cover for Your vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . 74 General Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Specific exclusions – Applicable to Section 1. . . . . . . . . . . . . . . 76 General Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Section 2 - Cover for Damage to Third Party Property. . . . . . . 76 General Claims Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Specific exclusions – Applicable to Section 2. . . . . . . . . . . . . . . 77 General Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 General extensions applicable to all sections. . . . . . . . . . . . . . . 78 Coverage Part 1 – Directors & Officers Liability . . . . . . . . . . . . . 60 General exclusions applicable to all sections. . . . . . . . . . . . . . . 78 a) Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 General conditions applicable to all sections. . . . . . . . . . . . . . . 79 b) Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Part B - Heavy Motor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 c) Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 d) Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Coverage Part 2 – Employment Practices Liability. . . . . . . . . . 62 Section 1 - Cover for Your vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . 82 a) Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Specific exclusions - Applicable to Section 1. . . . . . . . . . . . . . . 84 b) Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Section 2 - Liabilities to third parties . . . . . . . . . . . . . . . . . . . . . . . 85 c) Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Specific exclusions - Applicable to Section 2. . . . . . . . . . . . . . . 86 Coverage Part 3 – Statutory Liability . . . . . . . . . . . . . . . . . . . . . . . 63 General extensions - Applicable to all sections. . . . . . . . . . . . . 86 a) Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 General exclusions - Applicable to all sections. . . . . . . . . . . . . . 87 b) Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 General conditions - Applicable to all sections. . . . . . . . . . . . . 88 c) Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Part C - Mobile Plant & Equipment. . . . . . . . . . . . . . . . . . . . . . . . 90 Coverage Part 4 – Company Expenses. . . . . . . . . . . . . . . . . . . . . 64 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 a) Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Section 1 - Material damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 b) Coverage .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Section 2 - Road risk liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 c) Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 General extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 d) Exclusions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 General exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96Motorpack - Product Disclosure Statement . . . . . . . . . . . . . . . 66 Specific exclusions applicable to Section 1. . . . . . . . . . . . . . . . . 97 Premium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Specific exclusions applicable to Section 2. . . . . . . . . . . . . . . . . 98 Excess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 General conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100Motorpack Significant Features and Benefits. . . . . . . . . . . . . . 67 Part A - Commercial Motor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
  5. 5. Important InformationImportant Information Your Premium also includes amounts that take into account Our actual or estimated obligation to pay any relevant compulsory1. Entering into the Policy with Us government charges, taxes or levies (for example Stamp Duty, GST and Fire Services Levy). Where We are required to pay anWhere We have agreed to insure You, We confirm this by issuing estimated amount (eg. For Fire Services Levies) based on criteriaYou with a Policy Schedule which provides details relevant to You,such as Sums Insured, Limits of Liability, Premium and Excesses. set by the Government, We allocate to the Policy Our estimate of the amount We will be required to pay. We may under or overThe Policy, which is Your contract with Us, is entered into on recover in any particular year but We will not adjust Your Premiumthe basis of the information provided by You in the application because of this. You can ask Us for more details if You wish.process. Please ensure You have complied with Your Duty ofDisclosure as this can affect Your ability to claim. When You apply for this insurance, You will be advised of the total amount payable, when it needs to be paid and how it can beThe Policy is entered into on the condition that You will pay paid. This amount will be clearly set out in Your Schedule, whichthe Premium required by Us by the agreed time (including any will be sent to You within 5 days of the issue of this product. If Youadjustments). fail to pay, We may reduce any claim payment by the amount ofIn order to calculate Your Premium, We take various factors into Premium owing and/or cancel the Policy.consideration, including the level of cover requested and the You may also be required to pay an excess in the event of a claimproperty to be insured. under this Policy. The amount of any excess will be shown onYour Premium also includes amounts that take into account Our Your Policy schedule.actual or estimated obligation to pay any relevant compulsorygovernment charges, taxes or levies (for example Stamp Duty, 3. Your Duty of DisclosureGST and Fire Services Levy) Your duty of disclosure for a new PolicyThe Policy is made up of: The Insurance Contracts Act 1984 requires that any information• this document; that We seek must be collected by a specific question.• the Policy Schedule; When answering Our questions, You must be honest and You• any endorsements to the Policy issued by Us. have a duty under the Insurance Contracts Act 1984 to tell Us anything known to You, and which a reasonable person in theYou need to: circumstances, would include in answer to the question. We will• read these documents together as they set out all of the use the answers in deciding whether to insure You and anyone terms and conditions of Your cover; else to be insured under the Policy, and on what terms. It is• check them to make sure that the cover given is what You important that You understand You are answering Our questions want; in this way for Yourself and anyone else that You want to be• keep them together in a safe place for future reference along covered by the Policy. with receipts, and other evidence of ownership and value Your duty of disclosure before You renew, extend, vary or reinstate of items You have specified on the proposal form, or any Your Policy other application for insurance, and for any other items of significant value. You have a duty, under the Insurance Contracts Act 1984, to disclose to Us every matter that You know, or could reasonably beIf You do not meet Your obligations under the Policy, We may expected to know, is relevant to Our decision whether to acceptcancel it and/or reduce Our liability in respect of a claim to the the risk of the insurance and, if so, on what terms.extent permitted By-law. Your duty however does not require disclosure of a matter:If You need more information about the Policy please contactYour insurance adviser or Us. • that diminishes the risk to be undertaken by Us; • that is of common knowledge;2. Cost of the Insurance • that We know or, in the ordinary course of Our business,In order to calculate Your Premium, We take various factors into ought to know;consideration, including the level of cover requested and the • where compliance with Your duty is waived by Us.property to be insured. When answering any questions, You must be honest.Factors that increase the risk to Us generally increase thePremium (eg. high claims experience or higher Sum Insured) and We will use the information You disclose in deciding whether tofactors that reduce the risk to Us generally reduce the premium insure You and anyone else to be insured under the Policy, and(eg. low claims experience or lower Sums Insured). on what terms. 1
  6. 6. Consequence of non-disclosure 8. PrivacyIf You fail to comply with Your duty of disclosure for a new Policy, We are bound by the National Privacy Principles (NPPs) and comply with the Privacy Act 1988 (Cth). We are committed toor before You renew, extend, vary or reinstate Your Policy We may ensuring that all Our business dealings comply with the NPPsbe entitled to reduce Our liability under the Policy in respect and acknowledge the importance of keeping personal details forof a claim or may cancel it. If Your non-disclosure is fraudulent, individuals confidential and secure.We may also have the option of avoiding the Policy from itscommencement. Collection4. Other Party’s interests We collect personal information for the purpose of providing insurance, including arranging insurance, Policy administrationWe only cover persons specified in the Policy as entitled to cover and claims handling.for the relevant interest specified. If You want to cover a person’sinterest that is not specified You need to apply to Us for this. Disclosure5. Cooling Off When necessary, We may disclose Your personal information to and/or collect Your personal information from:If You are not completely satisfied with the Policy You may cancelit by notifying Us in writing within 30 days of cover having • other companies within the same Group;commenced. You will receive a refund of the amount You have • other insurers, financial institutions, insurance and claimspaid unless You have made or are entitled to make a claim under reference agencies, credit agencies, loss assessors, financial orthe Policy. You still have cancellation rights after this Cooling Off investigative service providers;period ends, which are set out in the General Conditions. • service providers including: mail delivery, information technology, research and development, customer research,6. Code of Practice imaging and document management, legal and otherThe Insurance Council of Australia Limited has developed the professional service providers;General Insurance Code of Practice, which is a self regulatory • government, law enforcement or statutory bodies, wherecode for use by all insurers. The Code aims to raise the standards required By-law;of practice and service in the insurance industry. • dispute resolution service providers, such as the FinancialWe are a signatory to the Code. If You require further information Ombudsman Service; andabout the General Insurance Code of Practice, please contact Us. • hospitals, medical and health professionals. Where You are an insured person and not the Policyholder, We7. Complaints may disclose Your personal information to the Policyholder.If You have a complaint, You may contact Us and request that Wereview the matter. If You are dissatisfied with Our decision, You Disclosure overseasmay request it be reviewed by Our Internal Dispute Resolution There are also instances where We may have to send Your(IDR) Committee. personal information overseas or collect personal informationIf You are unhappy with Our decision You may refer Your from overseas. These instances include:dispute to the Financial Ombudsman Service (FOS). The FOS is • sending Your personal information to companies in the samea free and independent external dispute resolution scheme for Group;consumers approved by the Australian Securities and Investment • when You have asked Us to do so;Commission for disputes. The scheme applies to matters that arecovered by the FOS’ Terms of Reference. We are a member of this • when We are authorised or required By-law to do so;scheme and We agree to be bound by the FOS’ determinations • when We have outsourced a business activity or functionon disputes but You are not so bound. If You wish Your dispute to an overseas service provider with whom We have ato be determined by the FOS, You must refer Your dispute to the contractual arrangement; orFOS within 2 years of the date of Our final IDR response. You may We will only send Your personal information overseas or collectrefer the matter to the FOS by contacting them at: personal information about You from overseas for the purposes inFinancial Ombudsman Service this statement and in compliance with the privacy regime.GPO Box 3Melbourne Victoria 3001 UsePhone: 1300 78 08 08 We use and disclose Your personal information for the purposesEmail: info@fos.org.au providing insurance, including arranging insurance, PolicyWebsite: www.fos.org.au administration, claims handling and dispute resolution.2
  7. 7. Important InformationWe may also use and disclose Your personal information for a GST exclusive basis. Any claim settlements, up to the total of allsecondary purpose related to the purpose for which We collected amounts insured, will be calculated with reference to Your GSTit, where You would reasonably expect Us to use or disclose Your status and the GST status of the property which is the subject ofpersonal information for that secondary purpose. In the case of the claim.sensitive information, any secondary purpose, use or disclosure This outline of the effect of the GST on Your Policy is for generalwill be directly related to the purpose of collection. information only. You should not rely on this information withoutWhen We disclose personal information to third parties We limit first seeking expert advice on the application of the GST to Yourtheir use and disclosure to the specific purpose for which We particular circumstances.supplied it. By providing personal information to Us or Our agent,You consent to Us making these disclosures. 10. Terrorism Insurance Act 2003 (Cth) Some sections of this Policy exclude cover for losses as a result ofWithout Your Personal information, We may not be able to Terrorism.provide You with the services You require. In the event that damage to property occurs and the cause ofWhen You give Us personal information about other individuals, the damage is declared a terrorist incident by the responsibleWe rely on You to have made, or make, them aware that You will, Minister, then You may be afforded protection within the limitsor may, provide their information to Us and the types of third of indemnity of this Policy by virtue of the Terrorism Insuranceparties We may provide it to; the relevant purposes We and the Act 2003. The operation of this Act may also serve to reducethird parties will use it for; and how they can access it. If You have the settlement of Your loss to a percentage of the otherwisenot done or will not do either of these things, You must tell Us recoverable loss. In the event that the settlement is reduced thenbefore You provide the relevant information. this will be at the direction of the Minister.If You require a copy of Our Privacy Statement, the full Privacy A more detailed explanation of the operation of the TerrorismPolicy, or further information, please contact Your nearest Lumley Insurance Act 2003 can be obtained at www.arpc.gov.au.office and ask for the Compliance Manager or visit Our website atwww.lumley.com.au. 11. Underinsurance It is Your responsibility to ensure that the Sums Insured of theAccess Vehicle or property You want insured by this Policy are adequate.You can request access to, and if applicable the correction of, the Sums Insured should reflect the new replacement value ofpersonal information We hold about You by contacting Us. A any Vehicle or property to be insured. If Sums Insured are notfee may be charged to cover the cost associated with providing adequate, claims may not be paid in full.access. You should review the adequacy of Sums Insured periodicallyIn some circumstances, We are able to deny Your request for during the Period of Insurance and prior to renewal each year.access to personal information. If We deny Your request for Inadequacy of Sums Insured can present significant issues ofaccess, We will tell You why. financial hardship. If You are unable to establish the adequacy of Sums Insured, You should seek assistance from Your insurance9. Goods and Services Tax (GST) advisor.All amounts insured by the Policy are in accordance with theadvice You have given to Us regarding Your GST status . Any 12. Financial Claims Schemeclaim settlements, up to the total of all amounts insured, will be Some sections of this Policy may be a ‘protected Policy’ under thecalculated with reference to Your GST status and the GST status of Federal Government’s Financial Claims Scheme (FCS) and onlythe property which is the subject of the claim. applies in the event of an insurer becoming insolvent and the Federal Treasurer declaring that the FCS will apply to that insurer.We will not be liable to pay any GST, or any fine, penalty or chargethat You are liable for arising out of Your misrepresentation of, or Payment of a claim under the FCS is subject to the Scheme’sfailure to disclose, Your proper input tax credit entitlement on the eligibility criteria being met.Premium relating to the Policy. Information about the FCS can be obtained from the AustralianIn respect of Your Policy with Us, where You are registered for Prudential Regulation Authority at www.apra.gov.au by callingGST purposes, You should calculate Your proposed Sums Insured 1300 13 10 60.with reference to the GST status of each item of property to beinsured. Depending on the GST status of each item of property 13. Exclusions and Conditionsto be insured, the Sums Insured may or may not include a GST General Exclusions apply to all sections of this Policy. Eachcomponent. An amount for GST should only be included in the section also contains exclusions which apply specifically to thatSum Insured if the item of property to be insured which are not section. The exclusions explain the circumstances in which Weused 100% for business use. All items of property to be insured will not cover You. Please refer to the General Exclusions and thewhich are used 100% for business use should be insured on a exclusions in each section for full details. 3
  8. 8. General Conditions apply to all sections of this Policy. Each General Provisionssection also contains exclusions which apply specifically to thatsection. The conditions explain the obligations which You must General definitionscomply with to be able to make a valid claim. Please refer to theGeneral Conditions and the conditions in each section for full These definitions shall apply unless there is a more specificdetails. definition.14. Updating the Product Disclosure Statement “Aircraft” means any craft or object designed to travel throughWe may need to update this Product Disclosure Statement air or space, other than model Aircraft.from time to time if certain changes occur where required “Business Hours” means when You or any of Your employeesand permitted By-law. We will issue You with a new ProductDisclosure Statement or a Supplementary Product Disclosure are at the Business Premises for the purpose of conducting YourStatement or other compliant document to update the relevant Business.information except in limited cases. Where the information is “Business Premises” the buildings, outbuildings, yards and landnot something that would be materially adverse from the point used by You for Your Business at the Situation.of view of a reasonable person considering whether to buy thisinsurance, We may issue You with notice of this information in “Business Property” means buildings, contents, Stock and itemsother forms or keep an internal record of such changes (You can listed on the current Policy Schedule and used in Your Business.get a paper copy free of charge by calling Us). “Computer Virus” means an executable program or computerOther documents may form part of Our Product Disclosure code segment that is self-replicating, requires a host program orStatement and Policy. If they do, We will tell You in the relevant executable disc segment in which it can be contained and whichdocument. destroys or alters the host program or other computer code or data causing undesired program or computer system operation15. Section 40 Insurance Contracts Act 1984(Cth)The following only applies to the Management Liability Cover “Excess” means the amount, or the loss applicable to a specifiedSection of this Policy: period of time, expressed as an Excess on the current Policy Schedule or elsewhere in the Policy. This is the first amount of anyManagement Liability is issued on a “Claims made and notified basis”. loss that You must pay before We pay Your claim.This insurance contract does not provide any cover for eventswhich occurred before the contract was entered into, unless the “Family” means any member of Your Family who livesPolicy Schedule specifies otherwise. permanently with You, including Your partner.This insurance Policy does not provide any cover for Claims “Flood” means the inundation of normally dry land by watermade after the expiry of Your Policy. However, under s40(3) of the escaping or released from the normal confines of any naturalInsurance Contracts Act 1984(Cth) (ICA) We are not relieved watercourse or lake (whether or not they have been altered orof liability by reason only that the Claim was made after the modified) or from any dam, reservoir or canal.expiration of the insurance if: “Hovercraft” means any vessel, craft or device made or intended(a) You give notice before the Policy expires to Us of facts which to float on or in or travel on or through the atmosphere or water may give rise to a claim against You; and on a cushion of air provided by a downward blast.(b) That notice is given to Us as soon as reasonably practicable after You became aware of those facts. “Money” means current coin, bank notes, currency notes, cheques, credit card sales vouchers, securities, postal orders,The above explanation of the operation of s40(3) of the ICA doesnot form part of this Policy wording. Money orders, negotiable and nonnegotiable securities and other like documents of value, phone cards and/or stored value16. Victorian Fire Service Levy (“FSL”) cards, unused postage and revenue stamps, public transportAny amount paid or payable under this Policy for the Victorian tickets, private transport tickets (excluding airline tickets), bridgecomponent of the FSL shown in the (“the Victorian FSL”) will not or highway tokens, car wash tokens, lottery tickets, authorisedbe refunded if a premium refund is allowed as a result of this gift vouchers, discount vouchers from external parties, contentsPolicy being amended or cancelled except: of franking machines and includes cash boxes, alarm bags, or any other portable container used to convey Money all belonging(a) if this Policy is cancelled during the cooling off period as to You or for which You are legally responsible or have assumed shown under ‘Important Information 5: Cooling off’, We will a responsibility to insure but does not mean any of these in refund the FSL; or the possession of or carried by professional Money carriers,(b) if this Policy is amended or cancelled due to the sale of professional carriers or common carriers. Business Property insured by this Policy and provided that the property sold was the subject of the Victorian FSL, We “Period of Cover” or “Period of Insurance” means the time will refund the unused portion of the Victorian FSL that had cover commences to the time cover expires. The dates are shown been charged in relation to that property. on the current Policy Schedule. Unless stated otherwise, coverSubject otherwise to the terms, conditions and exclusions of the shall expire at 4.00pm local time at the place where You arrangedPolicy. the cover.4
  9. 9. General Provisions“Policy” means this document, the Policy Schedule and any “Your Business” means the business as described in the Policyattachment or memoranda affixed and any future documents Schedule (and, where applicable, as further described in anyissued to You which amends the Policy wording or Policy more specific underwriting information provided to Us at theSchedule. Together they form the insurance contract. time when this insurance was negotiated).“Policy Schedule” means the most current Schedule of “We”, “Us” or “Our” means the insurer of the Policy, WesfarmersInsurance or any future renewal Schedule, including any General Insurance Limited A.B.N. 24 000 036 279, trading asendorsements issued by Us in connection with this Policy. Lumley Insurance.“Rewriting of Records” means the cost of restoration of General exclusionscomputer records, documents, manuscripts, securities, deeds, The following General exclusions apply to all sections of thisspecifications, plans, drawings, designs, business books and other Policy.records of every description. 1. a) War“Situation” means the Situation stated in the current Policy We will not pay for any loss or damage arising directly orSchedule. indirectly as a result of:“Stock” means: (i) war, invasion, act of foreign enemy, hostilities or warlike (a) products and material You intend to sell, operations (whether declared or not) and/ or civil war; and/or(b) aw or consumable materials used by You to make or alter r (ii) mutiny, civil commotion assuming the proportions of or Your products, amounting to a popular rising, military rising, insurrection, (c) Your products while being made, repaired or altered, rebellion, revolution, military and/or usurped power.(d) any consumable products or materials used in Your Business, b) Terrorism(e) goods for which You are responsible. (i) We will not pay for any death, injury, illness, loss, damage, Under the Theft cover section, Stock does not include tobacco, liability, cost or expense of any nature directly or indirectly products containing tobacco, cigars, cigarettes or alcohol unless caused by, resulting from, or in connection with, any act of they are specified on the current Policy Schedule. Terrorism regardless of any other contributing cause or event; (ii) We will not pay for any death, injury, illness, loss, damage,“Strongroom” means a burglar-resistant structure constructed liability, cost or expense of any nature directly or indirectly of masonry and steel which has been designed to resist fire caused by, resulting from, or in connection with, any action and attack by hand-held or poweroperated tools and has been taken in controlling, preventing, suppressing or in any way specifically designed for the storage of Money and valuables. relating to the matters set out in paragraph b)(i) of this “Subsidiary Company” means any company in which You Exclusion.have a controlling interest. For the purpose of this definition the General exclusion b) does not apply to the Theft, Money, Glassterm ‘controlling interest’ shall mean the beneficial ownership of and General Property Sections.shares carrying more than 50% of votes capable of being cast at a c) Radioactive Contaminationgeneral meeting of all shareholders of the company. We will not pay for any:“Terrorism” means an act including but not limited to the use or (a) loss or damage to property eligible for insurance by the threat of force or violence by any person or group(s) of persons, relevant Nuclear Insurance Pool and/or Association; orwhether acting alone or on behalf of or in connection with anyorganisation(s) or government(s) which from its nature or context (b) loss, cost, damage, liability or expense directly or indirectly is committed for or in connection with any political, religious, caused by or contributed to by or arising from:ideological, ethnic or similar purposes or reasons, including the (i) ionising radiation from or contamination by radioactivity intention to influence any government and/or to put the public from any nuclear fuel or from any nuclear waste or from or any section of the public in fear. the combustion of nuclear fuel; (ii) the radioactive, toxic, explosive or other hazardous or “Vehicle” means any type of machine on wheels or on self-laid contaminating properties of any nuclear installation, tracks made or intended to be propelled by other than manual or reactor or other nuclear assembly or nuclear component animal power, and any trailer or other attachment to be utilised in thereof;conjunction with or drawn by any such machine. (iii) any weapon or device employing atomic or nuclear “Watercraft” means any vessel, craft or thing made or intended fission and/or fusion or other like reaction or radioactive to float on or in or travel through water, other than model boats. force or matter; or“You” or “Your” means the person(s), companies or firms named (iv) the radioactive, toxic, explosive or other hazardous or on the current Policy Schedule as the ‘Insured’. contaminating properties of any radioactive matter. 5
  10. 10. This Policy also excludes any loss, destruction, damage, death, (b) media or systems used in connection with any of the injury, illness, liability, cost or expense of any nature directly foregoing, whether Your property or not, at any time to or indirectly caused by, (or contributed to by, resulting from, achieve fully and successfully any or all of the purposes and or arising out of, or in connection with) any action taken in consequential effects intended by the use of any number, controlling, preventing, suppressing, retaliating against, or symbol or word to denote, represent or express a date responding to or in any way relating to the above. including, but without being limited to, any failure or inability to recognise, capture, save, retain or restore and/or correctly 2. Business in liquidation or ceases to trade to manipulate, interpret, transmit, return, calculate or process If Your Business is placed into liquidation or administration, any date, data, information, command, logic or instruction as a receiver is appointed or the business is wound up or is a result of or in connection with:permanently discontinued, then unless otherwise agreed by Us (i) anything referred to in (a) or (b) recognising, using or in writing, all cover under this Policy ceases from the time Your adopting any date, day of the week or period of time, interest is transferred or Your Business ceases to trade. otherwise than as, or other than, the true or correct date, day of the week or period of time; or3. Geographical limitations (ii) the operation of any command or logic which has been Unless We agree in writing to the contrary, We will not pay for programmed or incorporated into anything referred to in any loss or damage to a Vehicle or property insured by this Policy (a) or (b) above.that is outside the Commonwealth of Australia at the time of This exclusion will not exclude any claim for subsequentits loss or damage, except as specifically stated otherwise in the loss, destruction of, or damage to any Business Property orappropriate Part. consequential loss that is solely and directly occasioned by a defined contingency (as defined hereunder), arising under any of4. Unoccupancy the following cover sections:Unless We otherwise agree in writing, We will not pay for any loss (a) Fire and Perils;or damage to Your Business Property if the occurrence happensafter Your Business Premises has been unoccupied for more than (b) Business interruption;90 consecutive days. (c) Money; (d) Glass;5. Wilful acts (e) Machinery and electronic;Subject to the provisions of the Insurance Contracts Act 1984, (f ) General Property;We will not pay for any loss or damage caused by either Yourwilful act or by the wilful act of another party committed with but only to the extent that such claim would otherwise beYour knowledge and consent, which You were capable of insured under those sections.preventing. This exclusion does not apply in respect of the Theft cover section, if provided by this Policy.6. Known defects For the purposes of this exclusion only, ‘Defined contingency’We will not pay for loss or damage caused by faults or defects shall mean fire, lightning, explosion (other than loss orknown to You, or any employee whose knowledge in law would destruction of or damage to boilers and pressure vessels), Aircraftbe deemed to be Yours, and not disclosed to Us at the time this and other aerial devices or articles dropped from them, riot, civilinsurance was arranged. commotion, strikers, locked out workers, persons taking part in labour disturbances, malicious persons, earthquake, storm,7. Date recognition Flood, escape of water from any tank or apparatus or pipe,In respect of any claim of whatsoever nature which consists of, or impact by any road Vehicle or animal, or theft (other than theft byarises directly or indirectly out of, or in connection with the failure employees).or inability of any: 8. Electronic Data exclusion(a) electronic circuit, microchip, integrated circuit, We will not cover Electronic Data or the cost of rewriting records microprocessor, embedded system, BIOS or other instruction as a result of loss of electronic data. set, hardware, software, firmware, program, computer, data processing equipment, telecommunication equipment or However, We will provide cover for losses to electronic data and systems, or any similar device; or any Rewriting of Records arising out of the following perils:6
  11. 11. General Provisionsfire, lightning; thunderbolt, explosion, implosion, earthquake, 4. Cancellationsubterranean fire, volcanic eruption, impact, Aircraft and/or The Policy may be cancelled by:other aerial device, breakage of glass, the acts of persons taking (a) You at any time by notifying Us in writing. We will refund the part in riots or civil commotions or of strikers or of locked out premium for the unexpired Period of Insurance;workers or of persons taking part in labour disturbances whichdo not assume the proportions of or amount to an uprising, (b) Us, only where allowed by the Insurance Contracts Act storm, tempest, rainwater, wind, hail, water and/or other liquids, 1984. We will refund the premium for the unexpired Period substances discharged, overflowing and/or leaking from any of Insurance;apparatus, appliance or pipes. (c) a premium funding company only in accordance with the power of attorney You granted to such company. We will If the Theft cover section of the Policy is current We will also refund the premium for the unexpired Period of Insuranceprovide cover for losses to electronic data arising out of theft of to the premium funding company, from the date We receiveany computer and/or computer hardware, firmware, microchip, the request or, the date they specify if that is a later date.integrated circuit or device containing such electronic data. 5. Claim preparation expensesIf the Electronic equipment cover section of the Policy is currentand Electronic Data and electronic data media is insured We We will pay for costs necessarily and reasonably incurred forwill also provide cover for losses to electronic data arising out of the preparation of a claim for which We agree to indemnify Youvibration, power surge, low voltage, mechanical, electrical and under this Policy. The most We will pay is $25,000 in total for anyelectronic breakdown, but not breakdown occurring as a result of one claim, unless a higher amount is included in the particularany virus, worm, Trojan Horse, hacking, or any unauthorised access. section of the Policy.For the purposes of this exclusion electronic data means any This is provided that before You incur these claim preparationfacts, concepts and/or information converted to a form usable for costs You obtain Our written approval to incur these costs.communications, displays, distribution, processing by electronicand/or electromechanical data processing or electronically 6. Claimscontrolled equipment which includes but is not limited to What You must do after loss, damage or accident:programs, software or other coded instructions for such (a) Protect Yourself from any danger present;equipment. (b) Assist other people within Your capabilities if required;General conditions (c) Take reasonable steps to prevent further loss, damage or The following general conditions apply to all sections of liability;this Policy. (d) Notify the police immediately if any of Your property is lost, stolen, or maliciously damaged and provide the police with 1. Breach of Condition or Warranty all assistance to apprehend the offending party;Breach of a condition or warranty without Your knowledge or (e) Advise Us of the claim as soon as practicable and then supply consent or error in name, description or Situation of property Us with full written details by completing Our claim form. You will not prejudice Your rights under this Policy provided notice inwriting is given to Us when such breach or error comes to Your or someone acting on Your behalf must complete a claim knowledge. Reasonable extra premium shall be paid if required, form within a reasonable time of an occurrence. If You do not, from the date of such breach or error. We may reduce the amount We pay if the delay causes increased costs or prevents Us investigating the claim;2. Accountancy records (f ) Any invoices, bills, demands letters or notices You receive You must provide to Us all books of account, business books from other people involved in the loss, damage or accident and other documents as may be required to investigate or verify must be sent to Us as soon as possible.claims. If You do not, We may refuse to pay or may reduce the What You must not do after a loss or accident:amount of a claim. (a) You must not admit fault or agree to pay for damage without Our consent. Do not make an offer, settle, or attempt to settle 3. Bankruptcy or insolvency any claim against You. If You do We may not pay all or part of In the event that You should become bankrupt or insolvent, the claim;We shall not be relieved thereby of the payment of any claims (b) You must not incur any costs or expenses or authorise repairs hereunder because of such bankruptcy or insolvency. (other than necessary temporary repairs) without Our In case of execution against You of any final judgment covered agreement.by this Policy being returned ‘unsatisfied’ by reason of such 7. Designation of propertybankruptcy or insolvency, then an action may be maintained bythe injured party or their representative against Us in the same For the purpose of determining under which item any propertymanner, and to the same extent as You but not in excess of the is insured, We agree to accept the designation under which suchLimit of Liability. property appears in Your books of account. 7
  12. 12. Provided always that this General Policy condition shall not apply (b) ny declaration, statement or representation made in any ato the Theft cover section with respect to tobacco, products proposal shall be construed as a separate declaration,containing tobacco, cigars, cigarettes and alcohol. statement or representation by each insured;Furthermore, under the Theft cover section, Stock does not (c) ny knowledge possessed by any insured shall not be ainclude tobacco, products containing tobacco, cigars, cigarettes or imputed to the other insured(s).alcohol unless they are specified on the current Policy Schedule. 13. Other persons or organisations8. Excess If any person or entity shall have any interest in the BusinessIf more than one Excess can be applied to one occurrence, then Property, We shall protect that interest in the event of a claim,You will only need to pay the highest Excess. Sums Insured, Limits provided that interest is disclosed in Your Business records andand sub-Limits of Liability shall apply in addition to, and shall not You shall have disclosed the nature and extent of that interest tobe reduced by, the amount of any applicable Excess. Us at the time of notification of the claim.This General Condition will not apply to the Motorpack Section of Where the separate interests of more than one party in thethe Policy. Business Property are insured under this Policy, any act or neglect9. Goods and Services Tax (GST) of one party will not prejudice the rights of the remaining party or parties provided that the remaining party(ies) shall, withinThe amount of premium payable by You for this Policy includes a reasonable time after becoming aware of any act or neglectan amount on account of the GST on the premium. When We pay whereby the risk of loss, damage or destruction has increased,a claim, Your GST status will determine the amount We pay. give notice in writing to Us and shall on demand pay suchWhen You are: reasonable additional premium as We may require.(a) ot registered for GST, the amount We pay is the Sum n You cannot transfer the Policy into someone else’s name without Insured/limit of indemnity or the other limits of insurance Our written consent. cover including GST; All persons entitled to claim under the Policy are bound by the(b) registered for GST, We will pay the Sum Insured/ limit of terms and conditions of the Policy. indemnity or the other limits of insurance. Any payments We make will be reduced by any relevant GST component, When a claim is paid under the Policy and is also recoverable including but not limited to, any input tax credit to which under another Policy or policies, You agree to permit Us to seek You are entitled for any acquisition which is relevant to Your contribution from the other insurer or insurers. claim, or which You would have been entitled were You to have made a relevant acquisition. 14. Our maximum liabilityYou must advise Us of Your correct entitlement to an input tax Except as otherwise stated elsewhere in this Policy, the maximumcredit on Your Premium and the correct entitlement to an input amount We will pay will not exceed the amount stated in thetax credit on each item of property to be insured . Policy Schedule as the Sum Insured or the Limit of Liability forAny GST liability arising from Your incorrect advice is payable by those sections selected.You. The Sum Insured and sub-Limits of Liability shall apply in addition to, and shall not be reduced by, the amount of any applicable10. Inspections Excess.We (or agents appointed by Us) have the right to inspect andexamine, by mutual appointment, any Business Property insured. 15. Premium funders If the premium has been funded by a premium funding company11. Jurisdiction which holds a legal right over the Policy by virtue of a notice ofAll disputes arising out of or under this Policy shall be subject assignment and irrevocable power of attorney, a refund will beto determination by any court of competent jurisdiction within made to the premium funding company of the proportionateAustralia according to the law which applies to that jurisdiction. part of the premium applicable to the unexpired Period of Insurance.12. Non-imputationWhere this insurance is arranged in the joint names of more than 16. Progress paymentsone insured, as described in the definitions of You, it is hereby We will not unreasonably withhold progress payments. We willdeclared and agreed that: make progress payments on claims at intervals to be agreed by(a) each insured shall be covered as if it made its own proposal Us following receipt of an interim report from Our loss adjuster or for this insurance; representative.8
  13. 13. General Provisions17. Reasonable care 20. Sale of salvageYou must take reasonable precautions to prevent personal injury We will not sell or dispose of any salvage without giving Youor property damage as if You were not covered by this Policy the opportunity to buy it at its salvage value, provided that thissuch as: condition does not allow You to abandon the property to Us.(a) if You discover Your products may be defective and the This condition will not apply to the Motorpack section of this defect may cause a claim under the Public and Products Policy. Liability cover section, at Your expense You must take reasonable steps to restrict, trace, recall, modify, replace or 21. Single occurrence repair the products; We will not pay for loss or damage to property covered by the(b) maintain and look after other person’s or organisation’s Policy under more than one section of the Policy in respect of property and buildings used or occupied by You, in the same item and occurrence unless a relevant Sum Insured has accordance with Your agreement with them; been paid out in full and You have not been fully covered for the(c) if Your occupation includes digging below ground at sites loss or damage. away from Your Business Premises You must obtain the location of underground services from the owners of the 22. Waiver of subrogation rights services; We may not be liable to pay any benefits under this Policy for(d) use and store all hazardous materials as required By-law. loss, damage or liability if You agree, or have agreed, to limit orIf You do not take reasonable precautions We may refuse to pay exclude any right of recovery against any third party who wouldpart or all of Your claim. be liable to compensate You with respect to that loss, damage or liability however:18. Reinstatement of sum insuredIn the event of damage insured under one or more of the Fire (a) We shall waive any rights and remedies or relief to which We and Perils, Business Interruption, Theft, Money and Glass cover are or may become entitled by subrogation against:sections of this Policy, the amount by which the Sum Insured or (i) any co-insured (including directors, officers and Limit of Indemnity is reduced as a consequence of the loss or employees);damage will be automatically reinstated as from the date of loss (ii) any corporation or entity (including directors, officers and or damage provided that: employees) owned or controlled by any insured, or (a) there is no written request from You or written notice by Us against, any co-owner of the property insured; to the contrary; (b) You may without prejudicing Your position under this Policy:(b) the section is an operative section of the Policy; and (i) release any statutory governmental, semi-governmental (c) You pay the premium which We require for the or municipal authority from any liability if required at law reinstatement. to do so;We will not reinstate the Sum Insured on the Fire and Perils cover (ii) agree to enter into a contract for storage of goods or or Business Interruption cover sections if We have paid a total loss merchandise if the terms of the contract include a under either of these sections. disclaimer clause; (iii) agree to enter into a lease for occupancy of any building 19. Rewards or part of a building, or a lease, or hiring of property We will pay You up to $5,000 or any higher amount shown in the where the terms of the lease, or hiring, include a current Policy Schedule for the reasonable cost of any reward disclaimer clause in favour of the lessor or the owner.paid by You to recover any property belonging to You or forwhich You are responsible that is lost, destroyed or damaged andwhich is insured under the Fire and Perils, Theft, Money or Glasscover sections of this Policy.However:(a) the terms of the reward must be agreed by Us before it is offered; and(b) no such payment shall be made by You unless the value of the property recovered exceeds the reward.We shall not unreasonably withhold or refuse consent to theterms of any reward payable under this General Policy condition. 9
  14. 14. Business Property Cover (e) computer systems records, manuscripts, other documents, Section deeds, specifications, plans, drawings, designs, business books and other records of every description,This section forms part of the Policy only if shown in the Schedule (f ) paintings, works of art and curios, as having been taken by You. (g) Stock, Definitions (h) goods sold but not delivered and goods held by You on consignment or commission,Some words have special meaning wherever they appear in this (i) property not owned by You but on Your Business Premises for section. These words and their meanings are listed below. service, repair, alteration or safe keeping,“Buildings” means Buildings and structural appurtenances at the (j) roperty of Your welfare, sports and social clubs. pSituation. Buildings includes: Contents does not include:(a) erandahs, carports, car parks, sealed driveways and paths, v (k) Buildings, shelters, awnings, gangways, staircases and all outbuildings, (l) growing crops, trees or plants other than pot-plants,(b) xtures and fittings owned by the owner of the building, fi (m) nimals, livestock, fish, birds and any other living organism a(c) nderground and above ground services including aprons, u except laboratory cultures, Stocks of foodstuffs, of nursery supply mains and meters, plants, or Stocks of a pet shop,(d) alls, gates, fences, flagpoles, floodlights and signs, w (n) otor Vehicles or trailers, caravans or motorcycles all while m(e) ermanently fixed water and fuel tanks. p registered or licensed to travel on a public road, provided that this exclusion will not apply to:Buildings does not include: (i) obile plant and equipment (excluding cars, sedans, m (i) Plant and machinery, panel vans, and trucks) not otherwise insured, (ii) Stock, (ii) m otor Vehicles or trailers, caravans or motorcycles that (iii) Contents, are Stock in trade of the business, (iv) roperty undergoing erection, construction, alteration or P (o) Money, addition (including the partial dismantlement of existing (p) jewellery, furs, bullion, articles containing gold and silver structures), where the total contract value of all work which are not Stock and which exceed $10,000 any one item, to be carried out at any one Business Premises exceeds (q) Contents undergoing erection, construction, alteration or $500,000 or 20% of the total sum insured on Buildings addition (including the partial dismantlement of existing and Contents, whichever is the lesser provided that structures), where the total contract value of all work to be this limit shall apply only to the portion of the Business carried out at any one Business Premises exceeds $500,000 Premises or Business Property which is the subject of any or 20% of the total sum insured on Buildings and Contents, such work and not to any other portion of the Business whichever is the lesser, provided that this limit shall apply Property, only to the portion of the Business Premises or Business (v) and, unsealed driveways and paths, dams, bridges, L Property which is the subject of any such work and not to any canals, tunnels, railway tracks and roadways (not at the other portion of the Business Property, Situation), wharves, docks and piers. (r) land, dams, bridges, canals, roadways, tunnels, railway tracks (not at the Situation), wharves, docks and piers,This definition of ‘Buildings’ is subject to the ‘Designation ofproperty’ General Policy condition. (s) water craft, Aircraft or any accessories, equipment or spare parts whilst contained in or on these items unless they are“Contents” means all property at the Business Premises, Stock and are on Your Business Premises at the time of anybelonging to You or for which You are responsible for. loss or damage.Contents includes: This definition of ‘Contents’ is subject to the ‘Designation of(a) xtures, fittings and glass owned by Your landlord which You fi property’ General Policy condition. are legally responsible for and leasehold improvements, “Market Value” means the estimated amount for which the(b) machinery, Business Property should exchange immediately before the(c) lant permanently fixed to Your Buildings, p damage, between a willing buyer and a willing seller in an(d) ocuments of title and any other documents of aesthetic, d arms-length transaction, after proper marketing, wherein historic, scientific or social value for past, present or the parties had each acted knowledgeably, prudently and future generations, without compulsion.10

×