CONTRACTUAL CONDITIONS
PDF p. 2 - 7 AFB CH 7 (Pre-contractual information, in Italian only / Informazioni pre-contrattuali)
PDF p. 8 - 12 Form K CH (General conditions of insurance / Condizioni generali di ass., solo in inglese) PDF p. 13 NMA 1612 (Ilness endorsement / Allegato malattia, solo in inglese)
PDF p. 14 NMA 1442 (Disappearance clause / Clausola di scomparsa, solo in inglese) PDF p. 15 - 16 LMA9151 (Personal information notice / Nota informativa personale)
05.2022
A. The insurers, as well as the contracting party of the policyholder (hereinafter referred to as: "policyholder"), are the participating Lloyd's Underwriters jointly referred to as Xxxxx'x of London (hereinafter referred to as: "insurers"), with as their registered office respectively address as follows, and with the following legal form:
Lloyd's Lloyd's Underwriters, London Head office in: London / Great Britain
Xxx Xxxx Xxxxxx Xxxxxx XX0X 0XX Great Britain
Swiss Branch: Xxxxxxxxxxxxxx 0
8008 Zürich Switzerland
Legal form: Association of individual insurers
B. The insurance contract has been entered into with the cooperation of Lloyd's brokers. These are insurance intermediaries within the meaning of Swiss legislation who are not tied to a particular insurer (i.e. they are independent).
C. Swiss law shall apply to this insurance contract. The schedule, the quote respectively the insurance policy, the conditions of the contract and the applicable legislation, in particular the Swiss Federal Insurance Contract Act of 2 April 1908 (VVG), shall form the basis of this insurance contract.
In accordance with the Swiss Federal Law on Insurance Contracts (hereinafter "VVG"), the insurers' questions asked in connection with the insurance application must be answered truthfully in writing or in another form that allows proof by text. A breach of this obligation may lead to the termination of the insurance contract and the loss of the insurance claim, whereby breaches of obligation committed before 31 December 2005 are judged under the stricter law applicable to the policyholder or insured person before 1 January 2006 (withdrawal from the contract, forfeiture of the premium).
D. The insured risks and the scope of the insurance coverage shall be as shown in the schedule, the quote respectively the policy, as well as the General Conditions of Insurance (AVB). The policyholder is therefore expressly asked and urged to read through the following information carefully.
E. The amount of the premium will depend on the risks insured under the insurance contract and on the desired scope of the insurance coverage. For further details on the premium and any charges, please refer to the schedule, the quote respectively the policy. If the contract is cancelled before the expiry of a fixed insurance period agreed upon by the contracting parties, the insurers shall be under an obligation to reimburse the share of the premium which corresponds to the period of unexpired risk. There shall be no reimbursement of premium however if (1) the insurers have paid out the insurance benefit as the result of the cessation of the risk or if (2) the insurers have paid out the insurance benefit for partial loss or damage and the policyholder cancels the contract during the first year of the same.
X. The policyholder may revoke his application to conclude the insurance contract or the declaration of acceptance thereof within 14 days from the date of application or acceptance of the insurance contract by the policyholder in writing or in another form that allows proof by text.
The insurance contract shall incept on the date indicated in the schedule, in the quote respectively in the policy. The insurance contract is concluded for the duration specified in this schedule or in the quote. Insurance contracts with a fixed term and with no renewal clause terminate by implication on the date stipulated in the schedule, in the quote respectively in the policy. The policyholder may furthermore terminate the insurance contract by giving notice, in writing or in another form that allows proof by text, within the period for giving notice agreed upon in the policy.
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If the contract is not cancelled, it shall be tacitly renewed pursuant to the agreed renewal clause in each case for a further year.
The policyholder may give notice, in writing or in another form that allows proof by text, furthermore after every insured event for which benefit is payable, and this no later than 14 days after becoming aware of the payment of the benefit by the insurers.
The insurers may terminate the contract by giving notice, in writing or in another form that allows proof by text, within the period for giving notice agreed upon in the policy. The insurers may cancel the contract after every insured event for which benefit is payable by them, provided notice of cancellation is given no later than the date on which the benefit to be paid by the insurers is paid. The contract may be cancelled furthermore by the insurers if at the time of the conclusion of the insurance the policyholder failed to disclose relevant facts relating to the risks or misinformed the insurers about such risks; the right of cancellation shall cease to exist 4 weeks after learning of the breach of the duty of disclosure.
The insurers may rescind and thereby terminate the insurance contract if the policyholder is in arrears with the payment of the premium, has been sent a reminder, and if the insurers have waived their right to claim the premium. The insurers may withdraw if, despite a final deadline being fixed in writing or in another form that allows proof by text, the policyholder fails to discharge his obligation to cooperate with the investigation into the facts and circumstances or in case the policyholder acts fraudulently in substantiating his claim.
The list of possible circumstances in which the contract may be terminated is not definitive. Further termination possibilities may be inferred from the conditions of the contract, and from the statutory provisions of the VVG.
G. In connection with the processing of the insurance contract, two data files will be set up by Lloyd's (client data and claims data). The client data shall serve to document whether insurance exists at Lloyd's. The claims data shall be used for claims handling. The data recipients are the respective Lloyd's brokers and the insurers, and possibly additionally in the event of a claim the loss adjusters office appointed by the insurers, and where necessary the Swiss Lloyd's UVG Claims Office. The data may be passed on to other third parties only with the consent of the party concerned or by virtue of a law. The data shall be preserved in part electronically and in part on paper, and shall be destroyed after ten years.
The policyholder shall give his consent and thereby expressly authorise the insurers to process the data pursuant to the above which is necessary for checking the proposal, processing the contract, or for claims settlement purposes.
To the extent that a broker or intermediary acts on behalf of the policyholder, the insurers shall be authorised to disclose client data to the former, such as for example data on the processing of the contract, premium collections, and claim developments. The above consent respectively authorisation applies irrespective of how the contract came into being. The policyholder shall be entitled to request from the insurers and their general representatives such information on the processing of data concerning them as is provided for by law. Consent to the data processing may be withdrawn at any time.
H. N.B.: The relevant wording is solely and exclusively the text of the contractual provisions. This Precontractual Information does not form part of the contract.
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GENERAL CONDITIONS
The following General Conditions form part of the insurance contract concluded with the Insurers. They all override all other provisions of this contract which state differently unless individual of these General Conditions have been explicitly amended in the other contractual documentation or have been marked as being not applicable.
1. EXCLUSIONS
This insurance does not cover:
1.1. any loss or damage or liability directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
1.2. (a) loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising therefrom
(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 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.
1.3. Biological and Chemical contamination clause
Insurers will not pay for:
(a) loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising therefrom;
(b) any legal liability of whatsoever nature;
(c) death or injury to any person;
directly or indirectly caused by or contributed to by or arising from Biological or Chemical contamination due to or arising from:
• terrorism; and/or
• steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted, threatened, suspected or perceived terrorism.
For the purposes of this exclusion “terrorism” means any act(s) of any person(s) or organisation(s) involving:
• the causing, occasioning or threatening of harm of whatever nature and by whatever means;
• putting the public or any section of the public in fear;
in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s) or organisation(s) concerned are wholly or partly of a political, religious, ideological or similar nature.
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1.4. Limited Cyber and Data Exclusion
We will not pay for any:
(a) Cyber
loss, damage, liability, cost or expense caused deliberately or accidentally by:
I. the use of or inability to use any application, software, or programme;
II. any computer virus;
III. any computer related hoax relating to (a)(i) and/or (a)(ii) above.
However, where:
• a fire or explosion occurs as a result of (a)(i) or (a)(ii) above;
• an escape of water occurs as a result of (a)(i) or (a)(ii) above; or
• a theft or attempted theft immediately follows (a)(i) or (a)(ii) above;
and that fire, explosion, escape of water, theft or attempted theft would otherwise be covered under this contract, we will still cover physical loss or damage resulting from that fire, explosion, escape of water, theft or attempted theft.
(b) Electronic Data
loss of or damage to any electronic data (for example files or images) wherever it is stored.
1.5 Communicable Disease Exclusion
Notwithstanding any other provision of this document of insurance to the contrary, this insurance does not insure any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a communicable disease or the fear or threat (whether actual or perceived) of a communicable disease.
2. NON-DISCLOSURE
2.1 Acts of non-disclosure committed from 1 January 2006
If the Policyholder or any person (or firm) insured hereunder shall have made upon conclusion of this insurance a false declaration of a material fact which he knew or ought to have known and about which he has been asked in writing or in another form enabling proof by text, or if he omitted to declare such fact, the insurers shall in accordance with Article 6 of the Federal Law concerning the Insurance Contract be entitled to cancel the contract by a written declaration or in another form enabling proof by text within four weeks of such false declaration or omission coming to their knowledge.
The insurers shall in such event be freed also from all duty to indemnify losses already incurred whose occurrence or scope has been influenced by the omission to declare or the false declaration of the material fact. Insofar as the insurers may have already indemnified a loss or losses they shall be entitled to reimbursement.
Also following the conclusion or renewal of this insurance, the insurers shall be entitled to cancel this contract during all subsequent renewal periods, if the Policyholder or Beneficiary falsely declared or omitted to declare such information to the insurers
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2.2 Acts of non-disclosure committed up to 31 December 2005
Acts of non-disclosure, which were committed up to 31 December 2005 but which were only discovered from 1 January 2006 are to be judged in accordance with Article 6 of the Federal Law concerning the Insurance Contract in its previous version, which was valid until 31 December 2005.
3. OBLIGATION IN CASE OF LOSS OR DAMAGE
The Insured shall in the event of loss and as a condition precedent to any rights or claims under this contract report to the Insurers without delay the occurrence of the loss and shall give the Insurers all information, proof and evidence in respect of the loss as the Insurers may reasonably require from them and as may be in their power. The insurance contract may provide for a specific time limit for the submission of the notice of loss.
4. FRAUDULENT CLAIMS
If the Insured makes any claim knowing the same to be false or fraudulent as regards the amount or otherwise, the Insurers shall be released from all liability in respect of all claims made under this insurance by that claimant.
5. NOTICE
All notices which may be required to be sent by the Insured to the Insurers shall be served in writing or in another form that allows proof by text on the address contained herein, or subsequently brought in writing or in another form that allows proof by text to the attention of the Insured, or at the seat of administration for the entire Swiss business. All notices addressed by the Insurers to the Insured shall be served on the address last communicated to the Insurers.
6. DUE DATE AND PAYMENT OF CLAIMS
Claims shall become due for payment four weeks after the Insurers have received the information concerning the loss and have been able to satisfy themselves as to the correctness of the claim (Article 41 of the Federal Law concerning the Insurance Contract). Claims shall be paid at the Swiss domicile of the Insured or of the Policyholder.
7. SANCTIONS
Insurers shall not provide any benefit under this contract of insurance to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.
8. LITIGATION
Legal actions for the full claim may be directed against the Underwriters subscribing to this insurance. The defendant Underwriters have therein to be named "Lloyd's Underwriters, London, subscribing to the policy no. or the Unique Market Reference mentioned in the schedule represented by their General Representative for Switzerland."
9. COMPLAINTS
Our aim is to ensure that all aspects of your insurance are dealt with promptly, efficiently and fairly. At all times we are committed to providing you with the highest standard of service.
If you have any questions or concerns about your policy or the handling of a claim you should, in the first instance, contact your broker. Please quote your policy number and/or claims reference number in all correspondence to enable the matter to be dealt with promptly.
If you remain dissatisfied, you can refer the matter to Lloyd’s General Representative for
Switzerland. The contact details are:
Xxxxxx Xxxx, Xxxxx’x General Representative for Switzerland
Xxxxxxxxxxxxxx 0, 0000 Xxxxxx, Xxxxxxxxxxx
Tel: x00 (0)00 000 00 00 Fax: x00 (0)00 000 00 00 E-mail: xxxxxx.xxxx@xxxxxx.xxx
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Should you remain dissatisfied with the final response from the above or if you have not received a final response within eight weeks of the complaint being made, you may be eligible to refer your complaint to the Ombudsman of Private Insurance. The contact details are as follows:
Head office and office for German speakers:
Ombudsman of Private Insurance, In Xxxxxx 14, Postfach 181, 8024 Zurich, Switzerland
Tel.: x00 (0)00 000 00 00 Fax: x00 (0)00 000 00 00 E-mail: xxxx@xxxxxxxxxxxxxxxxxxxxxx.xx
Branch office for French speakers:
Ombudsman of Private Insurance
Chemin des Trois-Rois 2, Case postale 0000, 0000 Xxxxxxxx, Xxxxxxxxxxx
Tel: 000 000 00 00 Fax: 000 000 00 00 E-mail: xxxx@xxxxxxxxx-xxxxxxxxx.xx
Branch office for Italian speakers:
Ombudsman of Private Insurance
Xxx Xxxxxx Xxxxxxxxx 0, Xxxxxxx xxxxxxx,0000 Xxxxxx, Xxxxxxxxxxx Tel: 000 000 00 00 Fax: 000 000 00 00
E-mail: xxxx@xxxxxxxxx-xxxxxxxxxxxxx.xx
The complaints handling arrangements above are without prejudice to your rights in law.
10. JURISDICTION
In the event of any litigation, the Underwriters shall accept the jurisdiction of the court at their seat of administration for the entire Swiss business, Xxxxxxxxxxxxxx 0, 0000 Xxxxxx, or at the Swiss domicile of the Insured. Lloyd's Underwriters' General Representative for Switzerland shall be authorised to represent all the undersigned Insurers in any litigation with the right for substitution in legal proceedings.
11. CHOICE OF LAW
This policy shall be governed by the Swiss Federal Law concerning the Insurance Contract of 2nd April 1908.
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(Personal Accident)
IN CONSIDERATION of the premium paid hereon it is hereby agreed that, subject to all the terms, limitations, conditions and exclusions of this Insurance except as specifically provided herein, if the insured person disappears during the currency of this Insurance and his/her body is not found within one year after his disappearance, and sufficient evidence is produced satisfactory to the Underwriters that leads them inevitably to the conclusion that the sustained accidental bodily injury and that such injury caused his/her death. Underwriters shall forthwith pay the death benefit under this Insurance provided that the person or persons to whom such sum is paid shall sign an undertaking to refund such sum to the Underwriters if the insured person is subsequently found to be living.
6/12/62
NMA1442
Your personal information notice
Who we are - We are the Lloyd's underwriter(s) identified in the contract of insurance and/or in the certificate of insurance.
The basics - We collect and use relevant information about you to provide you with your insurance cover or the insurance cover that benefits you and to meet our legal obligations.
This information includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.
In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details such as information about your health and any criminal convictions you may have). Where we need your consent, we will ask you for it separately. You do not have to give your consent and you may withdraw your consent at any time. However, if you do not give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.
The way insurance works means that your information may be shared with, and used by, a number of third parties in the insurance sector for example, insurers, agents or brokers, reinsurers, loss adjusters, sub- contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies and compulsory insurance databases. We will only disclose your
personal information in connection with the insurance cover that we provide and to the extent required or permitted by law.
Other people's details you provide to us - Where you provide us or your agent or broker with details about other people, you must provide this notice to them.
Want more details? - For more information about how we use your personal information please see our full privacy notice(s), which is/are available online on our website(s) or in other formats on request.
Contacting us and your rights - You have rights in relation to the information we hold about you, including the right to access your information. If you wish to exercise your rights, discuss how we use your information or request a copy of our full privacy notice(s), please contact us, the agent or broker that arranged your insurance. And will provide you with our contacts:
RVA Associati SA
Via Xxxxxx 1A, CP 1829 CH-6901 Lugano
x00 00 000 00 00
LMA 9151
La Sua nota informativa personale
Chi siamo - Siamo il sottoscrittore/i sottoscrittori xx Xxxxx’x indicati xxx xxxxxxxxx di assicurazione e/o nel certificato di assicurazione.
Informazioni essenziali - Noi raccogliamo e utilizziamo le informazioni pertinenti relative a Lei al fine di fornirLe la Sua copertura assicurativa o la copertura assicurativa di xxx Xxx si avvale e per ottemperare ai nostri obblighi xx xxxxx.
Queste informazioni comprendono dettagli come il Suo nome, l’indirizzo e i dati di contatto, nonché eventuali altre informazioni che raccogliamo in relazione alla copertura assicurativa di xxx Xxx si avvale. Queste informazioni possono comprendere anche dati più sensibili come, ad esempio, informazioni sul Suo stato di salute ed eventuali condanne penali.
In alcuni casi, potremmo aver bisogno del Suo consenso per elaborare certi tipi di informazioni che La riguardano (compresi dati sensibili sul Suo stato di salute ed eventuali condanne penali). Se abbiamo bisogno del Suo consenso, glielo chiederemo separatamente. Lei non dovrà dare il Suo consenso e potrà ritirarlo in qualunque momento. Tuttavia, se Lei non darà il Suo consenso, o se lo ritirerà, ciò potrebbe incidere sulla nostra capacità di fornire la copertura assicurativa di xxx Xxx si avvale e potrebbe impedirci di fornirLe la copertura o di gestire le Sue domande di indennizzo.
Per come funziona l’assicurazione, le Sue informazioni potrebbero essere condivise con vari soggetti xxxxx operanti nel settore assicurativo e da loro utilizzate. Ad esempio, assicuratori, agenti o broker, riassicuratori, liquidatori, subfornitori, autorità di regolamentazione, autorità giudiziarie,
organismi preposti alla prevenzione e al rilevamento delle frodi e del crimine e database assicurativi obbligatori.
Divulgheremo le Sue informazioni personali solo in relazione alla copertura assicurativa che forniamo e xxxxx xxxxxx richiesta o permessa dalla xxxxx.
I dati su altre persone da Lei forniti a noi - Nel caso in xxx Xxx fornisca a noi, al Suo agente o broker i dati relativi ad altre persone, Lei dovrà fornire a tali persona la presente nota informativa.
Desidera ulteriori informazioni? - Per ulteriori informazioni su come utilizziamo le Sue informazioni personali, consulti le nostre note informative complete, disponibili online sui nostri siti o, su richiesta, in altri formati.
Come contattarci e i Suoi diritti - Lei ha dei diritti in relazione alle informazioni che noi conserviamo xx xx Xxx, tra cui il diritto di accesso alle Sue informazioni. Se desidera esercitare i Suoi diritti, parlare di come utilizziamo le Sue informazioni o richiedere una copia delle nostre note informative complete, può contattare noi, l’agente o il broker che ha organizzato la Sua assicurazione e loro le forniranno i nostri dati di contatto:
RVA Associati SA
Via Xxxxxx 1A, CP 1829 CH-6901 Lugano
x00 00 000 00 00
LMA 9151