NOW THIS DOCUMENT WITNESSETH that

1.  Insurance in accordance with the terms,exceptions and conditions herein contained or endorsed hereon has been effected with CORMORANT INTERNATIONAL  LIMITED which will be supplied on application,appear on a written form of Authority (dated in the year shownin the Schedule) which empowers CORMORANT INTERNATIONAL  LIMITED to issue this Document as evidence of the Insurance effected.

 

2. The Company and Administrators have agreed to indemnify the Insured in respect of accident,injury,loss,damage.or libility as provided herein in connection with any private Motor Vehicle described in the Schedule (hereinafter reffered to as "the Insured Car") subject to the terms,exceptions and conditions contained herein or endorsed hereon or contained in the Statutory Certificate of Insurance issued pursuant hereto which shall be deemed to form a part hereof and to be incorporated herein occuring  in the course of transit by sea between any ports therein including the processes of loading and unloading during the period of insurance stated in the Schedule and for such further periods as may have been agreed by the Company.

 

SECTION I - LOSSOR DAMAGE

The Company will indemnify the insured in respect of the Insured Car (including its accessories and spare parts while thereonor while in the Insured's private garage),items of equipment manufactured or designed for audio musical or stereo reproduction are not deemed to be spare parts or accessories for the purpose of this Section. Such items may be included subject to the Company's agreement  & payment of an additional premium against:-

 

1.  Damage (other than by Fire or Theft).

     Loss or damage other than by Fire or Theft as defined in

     Sub-Section 2 (Fire) or 3 (Theft) of this Section.

     Windscreen Damage in the event of a window or windscreen

     being broken from any cause without further damage to the

     InsuredCar the Company will indemnify the Insured up to but not

     exceeding the sum of $170 in respect of such breakage,in any one

     year of Insurance and such payment willbe made without prejudice

     to any No Claim Bonus otherwise due and irrespective of any

     "Excess" operative under this Insurance.(Comprehensive Policies

      Only).

2.   FIRE .

     Loss or damage by Fire,Lightning,Self-ignition or Explosion.

3.  THEFT.

     Loss or damage caused by Theft or any attempt thereat.

If such Motor Car is disabled by reason or loss or damage for which indemnity is provided under this Section the Company will bear the reasonable cost of protection and removal to the nearest repairrers.

the Company will also pay the reasonable cost of delivery after repair of such loss or damage to the address of the Insured stated therein.

The Company may at their option repair or replace the Insured Car or any part of its accessories or spare parts or may pay in cash the amount of the loss or damage.

The maximum amount payable by the Company in respect of any claim for loss or damage shall be the Market value of the Insured Car (including accessories and spare parts) immediately prior to such loss or damage not exceeding the Insured's estimated value stated in the Scedule.

If to the knowledge of the Company the Insured Car is the subject of a Hire Purchase Agreement the Insured agrees such payment shall be made to the owner described therein whose receipt shall be a full and final discharge to the Company in respect of such loss or damage.

REPAIRS CLAUSE :-

Should the Insured Car sustain damage covered by this Section the

Insured shall take such steps as are necessary to safeguard it and its accessories.The Insured has the right to instruct any repairers to proceed with any repairs rendered necessary by damage covered by this Section provided a detailed estimate from such repairers is forwarded immediately to THE CLAIMS DEPARTMENT,together with full details of the accident. The Company shall have the right to communicate with such repairers and check their estimate and if they are unable to agree terms the Company shall,after agreeing to payment for such work as may have already been done,have the right to entrust the repairers to other repairers appointed by them,in which event the Company shall accept full responsibility for the repairs beeing carried out in a proper and efficient manner.

The Company shall not be liable for :-

1. The first €340 of any amount otherwise payable under Sub-section 1 of this Section while the Insured Car is beeing driven by or for the purpose of beeing driven is in the charge of any person who

 

    (a)   holds a Provisional Driving Licence or has not held

          (i) for a period of one year a licence other than a Provisional

              Licence or

          (ii)for a period of two years a Licence issued outside the US

              to drive a vehicle of the same class as such motor car,

    (b)  is under 25 years of age and not less than 21 years of age.  

    In the event of the driver beeing under 21 years of age ,the    

    amount for which the Company shall not be liable by reason of  

    this exception shall be increased to  $520.

2. Loss of use,depreciation,wear and tear,mechanical, structual or

   electrical breakdown,failure or breakages.

3. Damage to tyres by application of brakes or by road punctures,

   cuts or bursts.

4. Loss of or damage to any radio set or component part thereof not

   a permanent fixture of the Insured Car.

5. Damage by Frost under reasonable precautions have beentaken by

   or on behalf of the Insured to prevent damage of this nature i.e he

   has,

   (a) Added to the water in the water system antifreeze solution of

        a recognised brand in the proportions recommended by the

        manufacturers of the solution or has maintained the solution

        in such proportions or,

   (b) When the vehicle is not in use completely drained the water

        from the radiator & the entire water system by all plugs or taps

        provided.

 

SECTION  II - LIABILITY TO THIRD PARTIES

 

1.  Indemnity to the Insured.

   (a)  The Company will indemnify the Insured against liability at law

         for damages and claiment's costs and expenses and all costs

         and expenses incurred with their written consent in respect of

         death of bodily injury to any person and damages to property

         where such death,injury or damages arises out out of an

         accident caused by or in connection with :-

    (i)  The Insured Car.

    (ii) The driving by the Insured with the knowledge and consent of

         the owner of any motor car not belonging to him where

         authorized by the Statutory Certificate of Insurance and not

         hired to him under ahire purchase and in respect of which no

         indemnity's affected by any other Insurance applying to such

         private motor car.

   (b) The Company will at the Insured's request(or may at their option

        arrange for and will pay the fee of a Solicitor to represent the

        Insured:-

   (i) At any Coroner's Inquest or Fatal Enquiry in respect of any death

   (ii) In any Court of Summary Juristriction in any proceedings in

        respect of any act causing or relating to any event which may

        be the subject of indemnity under this Section.

 

2.   MANSLAUGHTER.

     The Company will at the Insured's request (or may at their option)

     arrange and pay for legal representation of the Insured or any

     driver entitled to indemnify under this Insurance being named on

     the Certificate of Insurance,against any charge of manslaughter

     or of causing death by reckless or dangerous driving up to an

     amount of $1710 in any one year of insurance where such death

     may be the subject of indemnity under this Section Provided

     always that:-

        (a) In the event of the costs so incurred exceeding $1710 the

             Insured shall be responsible for any further expenditure in

             respect of such costs.

        (b) The Company may at any time relieve themselves of any

             further liability in respect of such representation upon paying

             to the Insured the sum of $1710 less the costs incurred by

             the Company to date of payment.

 

3.   INDEMNITY TO OTHER PERSONS.

     The Company will in the terms of Sub-section 1 indemnify :-

      (a) Any person driving the Insured Car on the Insured's order or

           with his permission where authorised by the Statutory

           Certificate of Insurance.

      (b) Any person using(but not driving)the Insured Car with the

           permission of the Insured for social,domestic and pleasure

           purposes.

      (c) At the request of the Insured any person(other than the

           person driving)in or mounting into or dismounting from the

           Insured Car.

      (d) The Insured's employer or partner in respect of any private

           motor car(not belonging to and not hired to such employer

           or partner)in connection with which indemnity is provided by

           such  Sub-section being used by the Insured or with his

           permission and where authorised by the Statutory Certificate

           of Insurance.

 

INDEMNITY TO LEGAL REPRESENTATIVES

 

In the event of death of any person entitled to indemnity under this

Section the Company will in respect of the liability incurred by such

person indemnity his legal representative in the terms and subject to

the limitations which apply to such person.

 

EXCEPTIONS TO SECTION II

The Company shall not be liable :-

1.   Under Sub-section 2,if  the driver at the time of the event out of

     which proceedings arise:

     (a)  Is less than 21 years of age.

     (b)  Has been convicted of manslaughter or causing death by

           reckless or dangerous driving or of driving under the influence

           of alcohol or drugs.

     (c) Is at the time of the occurance out of which the charge arises

          in a state of intoxication or under the influence of drink or any

          drug.

2.  Under Sub-section 3 (a),unless the person driving holds a licence

    to drive such a car or has held and is not disqualified for holding or

    obtaining such a licence.

3.  Under Sub-section 3(b),(c),or(d) if to the knowledge of the person

    claiming to  be indemnified the person driving does not hold licence

    to drive such car unless he has held and is not disqualified for

    holding or obtaining such a licence.

4. Under Sub-section 1 (a) (ii),2,3,4 to indemnify any person :-

    (a) Unless he shallobserve fulfill and be subject to the terms,

         exceptions and conditions of this Document in so far as they

         can apply,or(b)if he is entitled to indemnity under any other

         Insurance.

5. In respect of death or bodily injury to any person arising out of and

    in the course of such person's employment by the person claiming

    to be indemnified under this Section.

6. In respect of damage to property belonging to or held in trust by or

    in the custody or control of the person claiming to be indemnified

    under this Section.

7. In respect of damage to any private motor car in connection with

   which indemnity is provided by this Section.

 

SECTION III - MEDICAL EXPENSES

 

If the Insured or his driveror any occupant of the Insured Car shall in

direct connection with such motor car sustain any bodily injury caused

by violent accidental,external and visible means the Company at the

request of the Insured will pay to the Insured the medical expenses

actually incurred in connection with such injury up to the sum of €85

inrespect of each person injured.

 

SECTION IV - EMERGENCY TREATMENT

 

The Company will pay the cost of emergency treatment of injuries

caused by or arising out of the use of any motor car for which cover is provided under this Policy where liability for such treatment arises under the Road TrafficActs.

A payment under this section shall not be regarded as claim under this Policy for the purposes of the No Claim Discount Clause.

 

SECTION V - INJURYTO INSURED AND SPOUSE

 

If the Insured and/or Insured's Spouse whilst between the ages of 21 and 70 years old shall sustain in direct connection with the Insured Car or whilst in or mounting into or dismounting from any private motor car not belonging to the Insured and/or the Insured's Spouse and not hired to him under a hire purchase agreement bodily injury caused by accidental,external and visible means the Company will pay to such injured person or to his legal personal representatives the compensation herein specified provided such injury shall solely and independently of any other cause(excepting medical or surgical treatment consequent upon such injury) within 13 weeks of the ccident result in :-

          1. Death.............................................................. $1710

          2. Total irrecoverable loss of sight of both eyes...........$1710

          3. Total loss by physical severance at or above the wrist

              or ankle of both hands or both feet or of one hand

              together with one foot........................................$1710

          4. Total loss by physical severance at or above the wrist

              or ankle of one hand or one foot together withthe total

              and irrecoverable loss of sight of one eye............... $1710

          5. Total and irrecoverable loss of sight of one eye........ $1710

          6. Total loss by physical severance at or above the wrist

              or ankle of one hand or one foot ........................... $ 850

 

EXEPTIONS TO SECTION V

 

1.    The Company shall not be liable under this Section for any suicide or intentional self injury or any accident or injury sustained whilst under the influence of drugs or intoxicating liquor or arising from anything taken or inhaled or from disease or physical infirmity or defect.

2.    No compensation shall be payable in respect of death or injury sustained whilst in or on any motor car which is being used otherwise than within the Limitations as to use applying to the Insured Car.

3.    The Company shall not be liable under more than one of Sub-sections 1-6 in respect of the Insured and/or the Insured's Spouse for any one occurance and the total compensation payable under this Section in respect of the Insured and/or the Insured's Spouse in any one year of Insurance shall not exceeed in aggregate of $1710.

4.   In the event of the Insured and/or Spouse being the holder of any Insurance or Insurances with the Company in respect of any other motor car or motor cars compensation shall be recoverable under one Insurance only.

 

SECTION VI - RUGS,CLOTHING AND PERSONAL EFFECTS

 

The Company will indemnify te Insured against loss or damage to Rugs,  Clothing (being worn or otherwise)and Personal Effects whilein or on the Insured car up to a limit of $85 in respect of any one occurence by fire or by theft(or attempt thereat) or by accidental means or at the request of the Insured the Company which case the compensation shall be paid direct to such other person who shall observe,fulfill and be subject to the terms,exceptions and conditions of this Insurance in so far as they can apply,and whose receipt shall be a full discharge in respect of any liability hereunder.

 

EXCEPTIONS TO SECTION VI

 

The Company shall not be liable in respect of loss of damage to :-

1.   Money,coins,stamps,tickets,documents,securities,jewllery,fur 

     coats,and photographic equipment.

2.  Goods or samples carried in connection with any proffession,

     trade or business.

3.  Any article which is at the time otherwise insured against such

    risk.

 

SECTION VII - TOWING

 

This Insurance shall be operative whilst any car the subject of indemnity herein is being used for the purpose of towing acaravan or other trailer which term shall include a disabled mechanically propelled vehicle,provided that the towed vehicle is the property of the Insured or hired to him under a Hire Purchase Agreement and there is in force at the time of the towing or any mechanically propelled vehicle a Certificate of Insurance in respect of such vehicle.

 

EXEPTIONS TO SECTION VII 

 

The Company shall not be liable :-

1.   For any caravan or other trailer which is being towed for reward.

2.   Whilst more than one caravan or trailer is being drawn at any one

     time.

3.  For loss of or damage to such caravan or trailer or contents 

    thereof.

4. In respect of any person being carried in or upon or entering or

   getting on to or alighting from such caravan.

 

SECTION VII - NO CLAIM BONUS

 

In the event of no claim being made or arising under this Insurance during a period of insurance specified below immediately preceding the renewal of thisDocument,the renewalpremium for such part of this Insurance as is renewed shall be reduced as follows inrespect of each carwhich has been insured for a full year and which is insured for a similar period:-

                 Periodof Insurance                      Reduction

The preceding year........................................  30% 

The preceding two consecutive years................  40%

The preceding three consecutive years..............  50%

The preceding four consecutive years................  60%

In the event of a single claim arising after 50% or 60% No Claim Bonus has been earned it is agreed that the Insured shall not forfeit his entire bonus but shall revert back two stages to 30% or 40% respectively.

No reduction will be allowed if more than one claim is made during any period of insurance or there are claims in each of two succesive years of insurance.

The Company agree that the Insured's right to the "No Claim bonus" will  not be prejudiced by the payment of "Emergency Treatment" nor by reason of the operation of a "Knock for Knock" or similar agreement with other Insurance Companies in respect of an accident in which no blame isattached to the driver of the InsuredCar.

Should the Company consent to a trasnfer of interest in this Insurance the period during which the interest was inthe name of the Transferor shall not accrue to the benefit of the Transferee for the purpose of the Bonus.

The Insured can elect to have his/hers No Claim Bonus " Protected" for an additional premium of 15%.

 

AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY

 

Nothing in this Document or any endorsement thereon shall affect the right of any person indemnified by this Document or of any other person to recover  an amount under or by virtue of the provisions of the law of any territory in which the Document operates relating to the insurance of liability to Third Parties BUT the Insured shall repay to the Insurance Company all sums paid which the Company would not have been liable to pay but for the provisions of such law.

 

GENERAL EXCEPTIONS

 

The Company shallnot be liable in respect of :-

1.   Any accident.injury,loss or damage occuring while any motor car in connection with indemnity is provided under this Insurance is being :-

      (a) Driven by any person who is not within the "Persons or         

           Classes of Persons entitled to drive" specified in the

           Statutory Certificate of Insurance issued hereunder or is

           being used otherwise than within the "Limitations as to use"

           specified in such Certificate,which is incorporated herein.

      (b) Driven by the Insured unless he holds a licence to drive

           such motor car or has held and is not disqualified for holding

           or obtaining such a licence.

      (c) Driven with the general consent of the Insured by any person

           who to the Insured's knowledge does not hold a licence to

           drive such motor car unless such person has held and is not

           disqualified for holding or obtaining such licence.

 

2.  Any liability which attaches by virtue of of an agreement but which     would not have attached in the absence of agreement.

 

3.   (a) Loss or destruction of or damage to any property whatsoever

          or any loss or expence whatsoever resulting or arising                   therefrom or any consequential loss.

     (b) Any legal liability of whatsoever nature directly or indirectly

          caused by or contributed to by or arising from

      (i) ionising radiations or contamination by radioactivity from any

          irradiated nuclear fuel or from any nuclear waste from the

          combustion of nuclear fuel.

      (ii)the radioactive,toxic,explosive or other hazardous properties

          of any explosive nuclear assembly or nuclear component

          thereof.

4.  Any consequence of war,invasion,act of foreign enemy,hostilities

    (wether war be declared or not),civil war,rebellion revolution,

    insurrection or military or usurped power except so far as is

    necessary to meet therequirements of the Road Traffic Acts.

5. Any accident,injury,loss or damage(except under Section II)

   arising during(unless it be proved by the Insured that the accident

   injury,loss or damage was not occasioned thereby) or in

   consequence of :-

   (a) Earthquake.

   (b) Riot or civil commotion occuring elsewhere than in US,

6. Any loss or damage to the Insured Car directly occasioned by

   pressure waves caused  by aircraft and other aerial devices

   travelling at sonic or supersonic speeds.

 

CONDITIONS

 

This document and the Schedule hereto shall be read together and any word or expression to which a specific meaning has been attached in any part of this Document or of the Schedule shall bear such meaning wherever it may appear.

   1. The Insured or his legal personal representatives shall give notice

    in writting to the Company as soon after the occurence of any

    accident,injury,loss or damage with full particulars thereof. Every

    letter,claim,writ,summons and process shall be notified and

    forwarded to Cormorant International Limited unacknowledged and 

    anaswered immediately on receipt. Notice shall also be given in

    writing to the Company immediately the Insured or his legal

     representatives shall

    have knowledge of any impending prosecution,inquest or fatal

    enquiry in connection with any accident for which there may be

    liability under this Insurance.

2. No admission of liability,offer,promise,payment or indemnity shall

   be made or given by or on behalf of the Insured or any person

   claiming to be indemnified under any circumstances without the

   written consent of  the Company who shall be entitled if they so

   desire 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 their own benefit any

   claim for indemnity or damage or otherwise and shall have sole

   discretion in the conduct of any proceedings or in the settlement

   of any claim and the Insured and such person shall give all such

   information and assistance as the Company may require.

3.Upon payment of the replacement value the salvage,if any, shall

   become the property of the Company and this Insurance shall

   thereupon terminate and no return of premium will be allowed.If only    one Motor Car is inured hereby the Insurance shall be cancelled.

4. (a) The Company may cancel this Insurance by sending seven days

         notice by registered letter to the Insured at his last known

         address and such event will return to the Insured the premium

         less the pro rata portion thereof for the period the Insurance

         has beenin force.

    (b) The Insured may cancel this Insurance from the date or receipt

         by the Company of this Document and the current Certificate(s

         of Motor Insurance and provided no claim has been made during

         the currency of the Insurance or is pending the Company will

         return the proportion of the premium after charging premium on

         the basis of their published "Scale for Short Period Insurances"

         for the time during which the Insurance has been in force.

5.      This Document does not cover any loss or damage which at the

         time of the occurence of such loss or damage,is insured by or           would but for the existence of this Document be insured by           any other existing insurance except in respect of an excess

         beyond the amount which would have been payable under such

         other insurance had this Document not been effected. Provided

         always that nothing in this Condition shall impose on the 

         Company any liability from which they have been relieved under

         Exception 4 (b) of Section II,Section Iv or Exception 3 of

         Section VI.

6.      The Insured shall take all reasonable steps to safeguard the

         Insured Car from loss or damage and maintain such car in 

         efficient and roadworthy condition and the Company shall have

         at all times access to examine such motor car.

7.      Except as regards claims under Section V if any difference 

        shall arise as to the amount to be paid under this Document

        (liability being otherwise admitted) such difference shall be

        reffered tp an arbitrator to be appointed by the parties in

        accordance with Statutory provisions for the time being in 

        force applicable thereto. Where any difference is by this

        Condition to be reffered to arbitrator the making of an Award

        shall be a condition precedent to any right of action against

        the Company.

8.     The due observance and fulfilment of the terms,provisions,

        conditions and endorsements of this Document in so far as 

        they relate to anything to be done or complied with by the

        Insured,and the truth of the statement and answers in the

        said proposal shall be conditions precedent to any liability of

        the Company to make any payment under this Document.

9.     At any time during the currency of this Insurance,either on 

        the request in writing of the Insured or at the discretion of

        the Company,a Policy of Insurance in the terms and subject

        to the exceptions and conditions of this Document will be

        issued in substitution thereof.

10.   The Insurance is a contract personal to the Insured and is not

        asignable for any reason whatsoever,and no person save to

        Insured,or in the event of his death,his personal 

        Representatives shall have any right against the Company 

        either as Assignee or Transferee of any right of Indemnity,or

        of any right to receive monies payable hereunder whether

        admitted or not in any other case whatsoever save as applies

        by endorsement hereon signed by the authorised servant of

        the Company.

 

        Phillip Croashaw

        Director