CONTRACTUAL CONDITIONS
CONTRACTUAL CONDITIONS
PDF p. 2 - 6 AFB CH 7 (Pre-contractual information, in Italian only / Informazioni pre-contrattuali)
PDF p. 7 - 11 Form K CH (General conditions of insurance / Condizioni generali di ass., solo in inglese) PDF p. 12 NMA 1612 (Ilness endorsement / Allegato malattia, solo in inglese)
PDF p. 13 NMA 1442 (Disappearance clause / Clausola di scomparsa, solo in inglese) PDF p. 14 - 15 LMA9151 (Personal information notice / Nota informativa personale)
07.2024
PRE-CONTRACTUAL INFORMATION
A. The Underwriters and contractual partners of the Policyholder (hereafter: “the Policyholder”) are underwriting members of the association of underwriters known as ▇▇▇▇▇’▇ (hereafter: "the Underwriters"), having the following domicile, address and legal form:
▇▇▇▇▇'▇ ▇▇▇▇▇'▇ Versicherer, London Head office: London / United Kingdom
One Lime Street Zweigniederlassung für die
Schweiz
▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
Switzerland
Legal form: Association of Underwriters
B. The insurance contract is concluded with the assistance of the Lloyd's Broker. These are independent insurance intermediaries in the sense of Swiss legislation.
C. The Policyholder can revoke the application to conclude the insurance contract or the declaration of acceptance thereof within 14 days from the date of such application or acceptance of the insurance contract by the Policyholder in writing or in another form enabling proof by text.
D. The insurance contract includes among other things the following General Conditions, which contain nine separate provisions. The Policyholder is therefore explicitly requested and required to read carefully through the following information and the nine mainly short and easily understandable provisions. These refer inter alia to the following:
Number 1 deals with the general exclusions namely war and hostilities as well as certain losses resulting from ionising or radioactive radiation and in connection with nuclear installations or processes. In these cases, the contract offers no insurance coverage.
Number 2 requires, in accordance with the Swiss Federal Law concerning the Insurance Contract that the questions of the Underwriters in connection with the insurance proposal, whether in writing or in another form enabling proof by text must be answered truthfully. A breach of this duty may lead to the cancellation of and to the loss of rights under the insurance contract; here it should be noted that breaches of duty committed up to 31 December 2005 shall be judged in accordance with the (for the Policyholder or Insured) stricter law in force prior to 1 January 2006 (withdrawal from the contract, forfeiture of premium) applying hitherto.
Numbers 3 and 4 outline individual obligations or duties, which must be observed by the Policyholder or Insured following the occurrence of a loss. A breach of these may entail a loss of entitlement to indemnity.
Number 5 sets out the addresses of the Underwriters to which notices are to be sent by the Policyholder or Insured or the addresses of the Policyholder or Insured to which notices are to be sent by the Underwriters, so that these may have the foreseen effect in a timely manner. Changes of address must be reported without delay.
Number 6 is linked with Number 3 and stipulates the time and place for the payment of claims as well as the preconditions for these becoming due and to be able to be made against the Underwriters.
Numbers 7 and 8 explain how and where a possible legal action can be directed against the Underwriters.
Number 9, finally, refers to the provisions of the Swiss Federal Law concerning the Insurance Contract, which always then apply, should the relevant insurance contract establish no provisions to the contrary (for example in the General Conditions or in the Special Conditions).
▇. ▇▇▇▇▇’▇ makes two data collections (client data and claims data) in connection with the processing of the insurance contract. The client data serve as evidence of whether an insurance is in existence at Lloyd's. The claims data serve the adjustment of claims. The parties which receive the data are the respective ▇▇▇▇▇’▇ Brokers and the Underwriters; in the event of a claim, potentially also the loss adjusting firm appointed by the Underwriters and, as the case may be, the Swiss ▇▇▇▇▇'▇ UVG Claims Office. The data may only be passed on to other third parties with the agreement of the party or parties so affected or based on a law. The data are stored in part electronically, in part in paper form and are destroyed after ten years.
F. IMPORTANT NOTICE: The definitive wording is exclusively and only that of the nine named provisions themselves; the pre-contractual information does not form part of the contract.
GENERAL CONDITIONS
The following General Conditions form part of the insurance contract concluded with the Underwriters. 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 directly or indirectly occasioned by the following events: war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any Government or Public or Local Authority.
1.2 (a) damage to any property whatsoever as well as any loss or expense resulting or arising therefrom and 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 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.
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 Underwriters 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 Underwriters 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 Underwriters may have already indemnified a loss or losses they shall be entitled to reimbursement.
Also following the conclusion or renewal of this insurance, the Underwriters 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 Underwriters
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 Policyholder and the Beneficiary shall in the event of loss and as a condition precedent to any rights or claims under this contract report to the Underwriters without delay the occurrence of the loss and shall give the Underwriters all information, proof and evidence in respect of the loss as the Underwriters may reasonably require from them and as may be in their power. The insurance contract can stipulate a specific time limit for the submission of the notice of loss.
4. FRAUDULENT CLAIMS
If the Policyholder or the Beneficiary makes any claim knowing the same to be false or fraudulent as regards the amount or otherwise, the Underwriters 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 Policyholder or the Beneficiary to the Underwriters shall be served in writing, or in another form enabling proof by text, on the address contained herein, or subsequently brought in writing to the attention of the Policyholder, or at the seat of administration for the entire Swiss business. All notices addressed by the Underwriters to the Policyholder or the Beneficiary shall be served on the address last communicated to the Underwriters.
6. DUE DATE AND PAYMENT OF CLAIMS
Claims shall become due for payment four weeks after the Underwriters 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. LITIGATION
Legal actions for the full claim must be directed against the General Representative for Switzerland at the expense of Underwriters subscribing to this insurance (Article 15a Insurance Supervision Act, ISA; Representative Action (Prozessstandschaft)).
8. 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, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇▇▇▇▇, or at the Swiss domicile of the Policyholder or Beneficiary.
9. APPLICABLE LAW
As far as this contract provides nothing to the contrary, the provisions of the Swiss Federal Law concerning the Insurance Contract of 2 April 1908 shall be applicable.
DISAPPEARANCE CLAUSE
(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
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▇▇▇ ▇▇ ▇▇▇ ▇▇ ▇▇
LMA 9151
La Sua nota informativa personale
Chi siamo - Siamo il sottoscrittore/i sottoscrittori ▇▇ ▇▇▇▇▇’▇ indicati ▇▇▇ ▇▇▇▇▇▇▇▇▇ 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 ▇▇▇ ▇▇▇ si avvale e per ottemperare ai nostri obblighi ▇▇ ▇▇▇▇▇.
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 ▇▇▇ ▇▇▇ 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 ▇▇▇ ▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇▇ richiesta o permessa dalla ▇▇▇▇▇.
I dati su altre persone da Lei forniti a noi - Nel caso in ▇▇▇ ▇▇▇ 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 ▇▇ ▇▇ ▇▇▇, 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
▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇ ▇▇-▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇ ▇▇▇ ▇▇ ▇▇
LMA 9151
