Hearing Aid Insurance
To understand what you are and are not covered for you need to read the policy Terms & Conditions and Policy Schedule emailed to you carefully. A summary of each section included is shown below.
Underwritten by: Mutual & Federal , an authorised FSP
Accident & Accidental
- means any one accident or series of accidents arising out of one event. “ACCIDENTAL” damage must be caused by acts that were sudden, unexpected and not deliberate.
- means from the time the RPA is switched on, moves forward in taking off or attempting to take off, whilst in the air, and until the RPA completes its landing run. A rotary-wing RPA shall be deemed to be in Flight when the RPA is switched on and the rotors are in motion as a result of engine power, the momentum generated therefrom, or autorotation.
- means the person(s) named in the Schedule who is operating, controlling or piloting the RPA.
- means the costs of labour and materials which are or would be incurred in overhaul or replacement (whichever is necessary) at the end of the Overhaul Life of the damaged or a similar Unit.
- means the amount of use, operational or calendar time which, according to the Regulations or the Manufacturer’s requirements, determines when overhaul or replacement of a Unit is required.
- means equipment that is capable of enhancing the utility of the aircraft component of an RPA on which it may or may not be installed, the value of which is to be treated separately from that of a scheduled RPA and not included in the insured value thereof.
Personal and Private Use
- means use where there is no commercial outcome, interest or gain and therefore not used for any business or profession nor for hire or reward.
- means the Remotely Piloted Aircraft System described herein and in addition to the airframe shall include power plants, propellers, rotors and appliances forming part of the Unmanned Aerial Vehicle at the inception of coverage hereunder, including parts detached and not replaced by other similar parts. This includes complete operating system, comprising airframe, payload, launch station and Ground Control Station.
- means a part or an assembly of parts (including any sub-assemblies) of the RPA which has been assigned an Overhaul Life as a part or an assembly. Nevertheless, an engine complete with all parts normally attached when removed for the purpose of overhaul or replacement shall together constitute a single Unit.
Scope of Cover
SECTION I AND SECTION II
The Insurer agrees to insure against any loss, damage or liability, arising out of an Accident occurring during the Period of Insurance, and limits stated, in the Schedule, to the extent and in the manner provided in Section I and Section II of this Policy.
SECTION I – LOSS OF OR DAMAGE TO RPA
The Insurer will at their option pay for or repair, accidental loss of or damage to the RPA described in the Schedule arising from the risks covered, including disappearance if the RPA is unreported for sixty (60) days after the commencement of Flight, but not exceeding the Agreed Value as specified in the Schedule and subject to the amounts to be deducted specified in the Schedule.
The Insurer shall not be liable for:
- Wear and tear, deterioration, breakdown, inherent defect, inadequate or inappropriate maintenance, faulty workmanship, defective design, the use of faulty materials or failure howsoever caused in any Unit of the RPA and the consequences thereof within such Unit;
- Damage to any Unit by rot, fungus, mould, depletion, rust, corrosion, erosion, or any other form of gradual deterioration;
- Damage confined to mechanical or electrical breakdown, failure or malfunction;
- Heat damage to an engine or auxiliary power unit or any component, accessory, or part thereof which occurs during the operation, attempted operation, or shutdown of the engine or Unit;
- Whilst being cleaned, inspected, repaired, worked on or maintained.
HOWEVER accidental loss of or damage to the RPA consequent upon Exclusions (1) or (2) above is covered.
- If the RPA is damaged:
- no dismantling or repairs shall be commenced without the consent of the Insurer except whatever is necessary in the interests of safety, or to prevent further damage, or to comply with orders issued by the appropriate authority; (e.g. Fire brigade, Police);
- the most the Insurer will pay is the least of the cost to repair the physical damage, the insured value of the scheduled RPA or the actual cost to replace the scheduled RPA with an RPA of the same make and type.
2. If the Insurer exercises their option to pay for or replace the RPA:
- the Insurer may take the RPA (together with all documents of record, registration and title thereto) as salvage;
- the cover afforded by this Section is terminated in respect of the RPA even if the RPA is retained by the Insured for valuable consideration or otherwise;
- the replacement RPA shall be of the same make and type and in reasonably like condition unless otherwise agreed with the Insured.
3. There shall be deducted from the claim under Coverage of this Section:
- the amount specified in the Schedule; and
- such proportion of the Overhaul Cost of any Unit repaired or replaced as the used time bears to the Overhaul Life of the Unit.
4. Unless the Insurer elects to take the RPA as salvage the RPA shall at all times remain the property of the Insured who shall have no right of abandonment to the Insurer.
5. No claim shall be payable under this Section if other insurance which is payable in consequence of loss or damage covered under this Section has been or shall be effected by or on behalf of the Insured without the knowledge or consent of the Insurer.
SECTION II - LEGAL LIABILITY TO THIRD PARTIES
The Insurer will indemnify the Insured for all sums which the Insured shall become legally liable to pay, and shall pay, as compensatory damages (including costs awarded against the Insured) in respect of accidental bodily injury (fatal or otherwise) and accidental damage to property caused by the RPA or by any object falling therefrom.
The Insurers shall not be liable for:
- Injury (fatal or otherwise) or loss sustained by any director or employee of the Insured or partner in the Insured's business whilst acting in the course of his employment with or duties for the Insured;
- Injury (fatal or otherwise) or loss sustained by any member of the crew/agents/operator whilst engaged in the operation of the RPA;
- Loss of or damage to any property belonging to or in the care, custody or control of the Insured;
- Claims excluded by enclosed Noise, Pollution and Other Perils Exclusion Clause;
- Any consequential loss or damage arising from the use of an RPA;
- Any claims arising from the use of a camera, video or audio recorder;
- Any claims alleging an invasion of rights of privacy or spying or any other similar inappropriate behavior;
- Contravention of any legislation relating to data.
Limit of Indemnity applicable to the Section
The liability of the Insurer under this Section shall not exceed the amount stated in the Schedule, less any amounts to be deducted as specified in the Schedule. The Insurer will defray in addition any legal costs and expenses incurred with their written consent in defending any action which may be brought against the Insured in respect of any claim for damages covered by this Section. HOWEVER, such legal costs and expenses are within the Limit of Indemnity stated in the Schedule and not in addition thereto.
General Exclusions applicable to all sections
This Policy does not apply:
- Whilst the RPA is being used for any illegal purpose.
- Whilst the RPA is outside the geographical limits stated in the Schedule unless due to force majeure.
- Whilst the RPA is being operated by any person(s) other than as stated in the Schedule.
- Where the Operator has failed to comply with the Drone manufacturer’s guidelines manual and instructions.
- To any RPA which has a maximum take-off weight (including payload) exceeding 7 kilograms.
- To liability assumed or rights waived by the Insured under any agreement except to the extent that such liability would have attached to the Insured in the absence of such agreement.
- To claims which are payable under any other policy or policies except in respect of any excess beyond the amount which would have been payable under such other policy or policies had this Policy not been effected.
- To any fines or penalties imposed upon the Insured.
- To claims excluded by the attached Nuclear Hazard Exclusion Clause.
- To claims caused by:
- War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power.
- Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
- Strikes, riots, civil commotions or labour disturbances.
- Any act of one or more persons, whether or not agents of a sovereign power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional.
- Any malicious act or act of sabotage.
- Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority.
- Hi-jacking or any unlawful seizure or wrongful exercise of control of the RPA in Flight (including any attempt at such seizure or control) of the RPA acting without the consent of the Insured.
Furthermore, this Policy does not cover claims arising whilst the RPA is outside the control of the Insured by reason of any of the above perils.
The RPA shall be deemed to have been restored to the control of the Insured on the safe return of the RPA to the Insured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the operation of the RPA (such safe return shall require that the RPA be parked with engines shut down and under no duress).
11. To claims excluded by the attached Date Recognition Exclusion Clause.
12.To loss, damage or liability following a cyber-attack or breach in the operating system as a result of a cyber-attack.
13. To claims excluded by the attached Sanction Limitation and Exclusion Clause.
14. To loss, damage or liability whilst the RPA is used for competitive purposes, including racing and stunt flying. However, “Loss of or Damage to RPA” at DRA events only is covered as stated in the Schedule.
15. To loss, damage or liability whilst operating the RPA indoors.
Conditions Precedent applicable to all sections
It is necessary that the Insured observes and fulfils the following Conditions before the Insurer has any liability to make any payment under this Policy.
- The Operator must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any official authority.
- The Operator of the RPA must have successfully passed their “SA Civil Aviation Authority Certification (UAVI to comment on exact title of Certificate to be obtained)” and such certification shall be maintained and kept fully up to date. (UAVI also to define what is meant by maintained/kept up to date)
- Misrepresentation, mis-description or non-disclosure in any material particular shall render voidable the particular item, section or sub-section of the Policy, as the case may be, affected by such misrepresentation, mis-description or non-disclosure.
- Immediate notice of any event likely to give rise to a claim under this Policy shall be given as stated in the Schedule. In all cases the Insured shall:
- furnish full particulars in writing (Surestart to advise how notifications are to be received. Electronically?)of such event and forward immediately notice of any claim with any letters or documents relating thereto;
- give notice of any impending prosecution;
- render such further information and assistance as the Insurers may reasonably require;
- not act in any way to the detriment or prejudice of the interest of the Insurers.
- If any claim under this Policy is also covered in whole or in part by any other insurance, the liability of Insurers shall be limited to their rateable proportion of such claim.
5. Data captured by inbuilt processes of DJI Drones, will be used in the Claims Management Process.
6. If after this Policy has been effected, the risk is materially altered, such alterations must be notified in writing to the Insurer immediately.
7. No liability shall be admitted and no admission, arrangement, offer, promise or payment shall be made by the Insured without the written consent of Insurer, who shall be entitled, if they so desire, to take over and conduct in the name of the Insured for their own benefit any claim for indemnity or damages or otherwise against any third party, and shall have full discretion in the conduct of any negotiations or proceedings or the settlement of any claim, and the Insured shall give all such information and assistance as Insurer may require.
General Conditions applicable to all sections
- The Insured shall at all times use due diligence and do and concur in doing everything reasonably practicable to avoid accidents and to avoid or diminish any loss hereon.
- Duties in the Event of Occurrence, Physical Damage, Claim or Suit.
- The Insured must see to it that the Policy Issuing Office shown in the Declarations is notified as soon as practicable of an occurrence that may result in a claim or suit, or of any physical damage sustained that may result in a claim. In the event of theft the Insured shall also give notice to the police. To the extent possible, notice should include:
- How, when and where the occurrence or physical damage took place;
- The names and addresses of any injured persons and witnesses; and
- The nature and location of any injury or damage arising out of the occurrence or physical damage.
- If a claim is made or suit is brought against any Insured, the Operator and any other involved insured must immediately:
- Record the specifics of the claim or suit and the date received; and
- Send copies of any demands, notices, summonses or legal papers received in connection with the claim or suit to the Policy Issuing Office shown in the Declarations.
- The Operator and any other involved Insured must:
- Authorize the Policy Issuing Office shown in the Declarations to obtain records and other information;
- Cooperate with the Policy Issuing Office shown in the Declarations in the investigation or settlement of the claim or defense against the suit; and
- Assist the Policy Issuing Office shown in the Declarations, upon its request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply.
- No insured will, except at that insured’s own cost, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without the consent of the Policy Issuing Office shown in the Declarations.
- The Insurer is entitled (if so elected) at any time and for so long as they desire to take absolute control of all negotiations and proceedings and in the name of the Insured to settle, defend or pursue any claim.
- Upon an indemnity being given or a payment being made by the Insurer under this Policy, they shall be subrogated to the rights and remedies of the Insured who shall co-operate with and do all things necessary to assist the Insurer to exercise such rights and remedies.
- Should there be any change in the circumstances or nature of the risks which are the basis of this Policy the Insured shall give immediate notice thereof to the Insurer and no claim arising subsequent to such change shall be recoverable hereunder unless such change has been accepted by the Insurers.
- This Policy may be cancelled by either the Insurer or the Insured giving 10 days’ notice in writing of such cancellation. If cancelled by the Insurer they will return a pro rata portion of the premium in respect of the unexpired period of the Policy. If cancelled by the Insured a return of premium shall be at the discretion of the Insurers. There will be no return of premium in respect of any RPA on which a loss is paid or is payable under this Policy.
- This Policy shall not be assigned in whole or in part except with the consent of the Insurer verified by endorsement hereon.
- This Policy is not and the parties hereto expressly agree that it shall not be construed as a policy of marine insurance.
- This Insurance shall be governed by and construed in accordance with the laws of the Country, State, Province or Territory of the domicile of the Insured as set forth in the Policy Schedule whose courts shall be jurisdiction in any dispute between the Insurers and the Insured.
- When two or more RPAs are insured hereunder the terms of this Policy apply separately to each, subject to only one RPA being flown at any one time unless otherwise agreed by Insurers and endorsed hereon.
- Notwithstanding the inclusion herein of more than one Insured, whether by endorsement or otherwise, the total liability of the Insurers in respect of any or all Insureds shall not exceed the Limit(s) of Indemnity stated in the Schedule.
- If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise this Policy shall become void and all claims hereunder shall be forfeited.
NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE
This Policy does not cover claims directly or indirectly occasioned by, happening through or in consequence of:
- noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith,
- Pollution and contamination of any kind whatsoever,
- Electrical and electromagnetic interference, or
- Interference with the use of property,
unless caused by or resulting in an aircraft crash, fire, explosion, or collision or a recorded in flight emergency causing abnormal aircraft operation.
Nothing in this exclusion shall override any radioactive contamination or other exclusion clause made part of this policy.
NUCLEAR HAZARD EXCLUSION CLAUSE
Any losses, costs or expenses arising directly or indirectly out of nuclear reaction, nuclear radiation or radioactive contamination of any kind, irrespective of whether other causes have contributed to the claim.
DATE RECOGNITION EXCLUSION CLAUSE (AVN2000A)
This Policy does not cover any claim, damage, injury, loss, cost, expense or liability (whether in contract, tort, negligence, product liability, misrepresentation, fraud or otherwise) of any nature whatsoever arising from or occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly):
- the failure or inability of any computer hardware, software, integrated circuit, chip or information technology equipment or vehicle (whether in the possession of the Insured or of any third party) accurately or completely to process, exchange or transfer year, date or time data or information in connection with any change of year, date or time; whether on or before or after such change of year, date or time;
- any implemented or attempted change or modification of any computer hardware, software, integrated circuit, chip or information technology equipment or vehicle (whether in the possession of the Insured or of any third party) in anticipation of or in response to any such change of year, date or time, or any advice given or services performed in connection with any such change or modification;
- any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act, failure to act or decision of the Insured or of any third party related to any such change of year, date or time;
and any provision in this Policy concerning any duty of Insurers to investigate or defend claims shall not apply to any claims so excluded.
SANCTION LIMITATION AND EXCLUSION CLAUSE (LMA3100 amended)
No Insurer shall be deemed to provide cover and no Insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that Insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.