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FBN GENERAL INSURANCE PRIVATE MOTOR POLICY
Whereas the Insured by a proposal and declaration dated as stated in the Schedule which shall be the basis of this contract and is deemed to be incorporated herein, has applied to the Insurer for the insurance hereinafter contained and has paid the premium as consideration for such insurance. in respect of accident, loss or damage occurring during the period of Insurance.
Now this Policy Witnesseth:
That subject to the terms, exceptions, and conditions contained herein or endorsed or otherwise expressed hereon (hereinafter collectively referred to as the terms of the policy) in respect of events occurring during the period of insurance and within the geographical area.
SECTION I- LOSS OR DAMAGE
1.The Insurer will indemnify the Insured against loss of or damage to the Motor Car and /or its accessories whilst thereon.
(a)by accidental collision or overturning consequent upon mechanical breakdown or consequent upon wear and tear.
(b)by fire, external explosion,
(c)by malicious act.
(d)whilst in transit (including the process of loading and unloading incidental to such transit) by road, rail, inland waterway, lift or elevator.
2.The Insurer shall not be liable to pay for :-
(i)consequential loss, depreciation, wear and tear, mechanical or electrical breakdowns, failures or breakages.
(ii)damage to tires unless the Motor Car is damaged at the same time.
3.If the Motor Car is disabled by reason of loss or damage as described in this section, the Insurer will subject to the Limits of Liability bear the reasonable cost of protection and removal to the nearest repairers and of delivery within the country where the loss or damage was sustained.
4.The Insured may authorize the repair of the Motor Car necessitated by damage for which the Insurer may be liable under this Policy provided that :-
(a)the estimated cost of such repair does not exceed the Authorized Repair Limit;
(b)the Insurer is furnished forthwith with a detailed estimate of the cost and;
(c)the Insured shall give the Insurer every assistance to see that such repair is necessary and
the charge reasonable.
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SECTION II - LIABILITY TO THIRD PARTIES
1.Subject to the Limits of Liability the Insurer will indemnify the insured in
the event of accident caused by or arising out of the use of the Motor Car against all sums including claimant's costs and expenses which the insured shall become legally liable to pay in respect of:
(a) death of or bodily injury to any person except where such death or injury arises out of and in the course of the employment of such person by the insured and excluding liability to any person being a member of the insured's household who is a passenger in the Motor Car unless such person is being carried by reason of or in pursuance of a contract of employment;
(b)damage to property other than property belonging to the insured or held in trust by or in the custody or control of the insured or any member of the insured's household.
2.The Insurer will pay all costs and expenses incurred with its written consent.
3. In terms of and subject to the limit of the indemnity which is granted by this section to the Insured, the Insurer will indemnify the driver who is driving the Motor Car on the Insured's order or with his permission provided that such Driver:
(a)is not entitled to indemnity under any other Policy:
(b)shall as though he were the Insured observe, fulfill and be subject to the terms, exceptions and conditions of this policy so far as they can apply.
4.In terms of and subject to the limit of the indemnity which is granted by this section in
connection with the Motor Car the Insurer will indemnify the insured whilst personally driving a private Motor Car (but not a Motor Cycle) not belonging to him and not hired to him under a hire purchase agreement.
5.In the event of the death of any person entitled to indemnity under this section, the Insurer will in respect of the liability incurred by such person indemnify his personal representatives in terms of and subject to the limit of this section provided that such representatives shall as though they were the insured observe, fulfill and be subject to the terms, exceptions and conditions of this policy in so far as they can apply.
6.The Insurer may at its own option:-
(a)arrange for representation at any inquest or fatal inquiry in respect of any death which may be the subject of indemnity under this section;
(b)undertake the defense of proceedings in any court of Law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this section.
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SECTION III - MEDICAL EXPENSES
Subject to the Limits of Liability, the Insurer will pay to the insured the reasonable medical expenses incurred in connection with any bodily injury by violent, accidental, external and visible means sustained by the insured or his driver or any occupant of the Motor Car as the direct and immediate result of an accident to the Motor Car.
AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVERY
Nothing in this policy or any endorsement hereon shall affect the right of any person indemnified by this Policy or any other person to recover an amount under or by virtue of the provisions of the Legislation specified in the Schedule.
But the insured shall repay to the Insurer all sums paid by the Insurer which the Insurer would not have been liable to pay but for the said provisions.
APPLICATION OF LIMITS OF INDEMNITY
In the event of any accident involving indemnity to more than one person, any limitation by the terms of this policy and/or any endorsement hereon of the amount of any indemnity shall apply to the aggregate amount of indemnity to all persons indemnified and such indemnity shall apply in priority to the insured.
GENERAL EXCEPTIONS
The Insurer shall not be liable under this Policy in respect of:
1.any accident, loss, damage and/or liability caused, sustained or incurred outside the Geographical Area - Nigeria;
2.any claim arising out of any contractual liability;
3.any accident, loss, damage and/or liability caused or incurred whilst any Motor Car in respect of or in connection with which insurance is granted under this Policy is:
(a)being used otherwise than in accordance with the Limitations as to Use or;
(b)being driven by any person other than a Driver;
4.any accident, loss, damage and/or liability caused or incurred whilst any Motor Car in respect of or in connection with which insurance is granted under this Policy is:
(a) any accident, loss or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.
(b) any liability of whatsoever nature directly or indirectly caused by or contributedto by or arising from ionizing radiations or contamination by radioactivity from anynuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this exception combustion shall include any self-sustaining process of nuclear fission.
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5.any accidental loss, damage or liability directly or indirectly caused by or contributed to by or arising from nuclear weapon material.
The Insurer shall not be liable except under Section
CONDITIONS
This Policy and the schedule shall be read together and any word or expression to which a specific meaning has been attached in any part of this policy or of the schedule shall bear the same meaning wherever it may appear.
1.Notice shall be given in writing to the Insurer immediately upon the occurrence of any accident or loss or damage and in the event of any claim. Every letter, claim, writ, summons and/or process shall be forwarded to the Insurer immediately on receipt by the insured. Notice shall also be given in writing to the Insurer immediately the insured shall have knowledge of any impending prosecution, inquest or fatal inquiry in respect of any occurrence which may give rise to a claim under this policy. In case of theft or other criminal acts which may be the subject of a claim under this Policy, the insured shall give immediate notice to the police and cooperate with the Insurer in securing the conviction of the offender.
2.No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the Insurer which shall be entitled if it so desires to take over and conduct in the name of the insured the defense or settlement of any claim or to prosecute in the name of the insured for its own benefit, any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured shall give all such information and assistance as the Insurer may require.
3.At any time after the happening of any event giving rise to a claim or series of claims under sub-section I (ii) of Section II of this Policy, the Insurer may pay to the insured the full amount of the Insurer's liability under that sub-section and relinquish the conduct of any defense settlement or proceedings and the Insurer shall not be responsible for any damage alleged to have been caused to the insured in consequence of any alleged action or omission of the Insurer in connection with such defense, settlement or proceedings or of the Insurer relinquishing such conduct nor shall the Insurer be liable for any costs or expenses whatsoever incurred by the insured or any claimant or other person after the Insurer shall have relinquished such conduct.
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4.The Insurered may at its own option repair, reinstate or replace the Motor ... vehicle or part thereof and/or its accessories or may pay in cash the amount of the loss or damage and the liability of the Insurer shall not exceed the actual value of the parts damaged or lost plus the reasonable cost of fitting and shall in no case exceed the insured's estimate of the value of the motor vehicle (including accessories thereon) as specified in the schedule or the value of the Motor Vehicle (including accessories thereon) at the time of the loss or damage whichever is less.
5.The Insured shall in respect of any vehicle described in the schedule hereto take all reasonable steps to safeguard it from loss or damage and to maintain it in a condition which is both efficient and safe for use on road and for the purposes described in the Policy and schedule, and the Insurer shall have at all times free and full access to examine such vehicle or any part thereof and any driver or employee of the insured. In the event of an accident or
6.Every change in the circumstances affecting the risks insured or the
insured's interest in any vehicle described in the schedule shall be
immediately notified to the Insurer in writing. No transfer of interest in this Policy shall be valid until the Insurer shall have agreed thereto in writing.
7.The Insurer may cancel this Policy by sending seven days' notice by
letter to the insured at his last known address and in such event will return to the insured the premium paid less the pro rata portion thereof for the period the policy has been in force or the policy may be cancelled at any time by the insured on seven days' notice and (provided no claim has arisen during the then current period of insurance) the insured shall be entitled to a return of premium less premium at the Insurer's short period rates for the period the Policy has
been in force.
8.If at the time any claim arises under this policy there is any other existing insurance covering the same loss, damage or liability the Insurer shall not be liable to pay or contribute more than its ratable
proportion of any loss, damage, compensation, costs or expense. Provided always that nothing in this condition shall impose on the
Insurer any liability from which but for this condition it would have been relieved under proviso (a) of Section
9.If any difference shall arise as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to an
arbitrator to be appointed by the parties in accordance with the statutory provisions in that behalf for the time being in force. Where any difference is by this condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against the Insurer.
10.The due observance and fulfillment of the terms, conditions and exceptions of this Policy in so far as they relate to anything to be done or complied with by the insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the Insurer to make any payment under this policy.
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THE INSURER: FBN GENERAL INSURANCE LTD.
THE INSURED:
ADDRESS:
BUSINESS/PROFESSION:
Period of insurance: |
(a) From TO (Both dates inclusive) |
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(b) Any subsequent period for which the Insured shall pay |
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and the Insurer agrees to accept a renewal premium. |
Geographical Area: |
Nigeria |
The Motor Vehicle: |
As detailed below: - |
Reg. Number |
Make |
Body Type |
No.of Passengers |
Estimate Of Val.& accessories |
TBA |
=N= |
Limits of Liability:
Limit of the amount of the Insurer's liability under:-
Section I (3) .............…………………20% of the agreed cost of repair
Section II
(i)in respect of death of or bodily injury to any one person =N=75,000.00
(ii)in respect of a series of claims arising out of one event .. .=N=300,000.00
B. In respect of any other person...……………………………………................................Unlimited
Section II
Section III- in respect of any one accident . . . ………… . . . . . . . . . . .=N25,000.00
Authorised Repair Limit: Section 1 (4) …………………....……2% of the sum insured.
Excess (see overleaf)-
Legislation: The Motor Vehicles (Third Party Insurance) Act 1945
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LIMITATION AS TO USE:
Use only for social, domestic & pleasure purposes and for the insured’s business.
The policy does not cover use for hire or reward or for racing,
DRIVER: Any of the following:-
(a)The Insured may also drive a Motor Car not belonging to him and not hired to him under a hire purchase agreement.
(b)Any other person who is driving on the insured's order or permission.
Provided that the person driving is permitted in accordance with the licensing or other laws or regulations to drive the motor vehicle or has been so permitted and is not disqualified by order of a court of law or by reason of any enactment or regulation in that behalf from driving such Motor Vehicle.
Renewal Date: . |
Premium Due: =N= |
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For: FBN GENERAL INSURANCE LTD. |
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1.JURISDICTION CLAUSE
The indemnity provided herein shall not apply to compensation for damages in respect of judgements delivered or obtained in the first instance in a court of competent jurisdiction outside Nigeria.
2.ENDORSEMENT ON MOTOR ACCESSORIES
The Insurer will indemnify the insured against loss of or damage to the
A.(communication and safety equipment permanently fitted on the vehicle, manufacturer’s tool kit) whilst such item(s) is (are) in or on the motor vehicle where such loss or damage is occasioned by theft or attempt thereat. Provided always that the liability of the Insurer shall be limited to a reasonable market value or 2% of the value of the car whichever is less.
B.Where the accessories are separately purchased (not
C.In consideration of the payment of an additional premium it is hereby understood and agreed that the Insurer will indemnify the insured against loss or damage to the accessories as herein declared whilst such item(s) is (are) on motor vehicle. Provided always that the liability of the Insurer shall be limited to the value of the accessories less depreciation and excess as the case may be.
3.PARTS REPLACEMENT CLAUSE
In the event of loss or damage to the Motor vehicle and/or its accessories insured
under this policy necessitating the supply of a spare part obtainable from stocks held in the country in which the motor vehicle is held for repair the Insurer’s liability in respect of any part shall be limited to the cost of repairs as per the repairer’s estimate acceptable to the Insurer. The insured has no right to abandon the said Motor
Vehicle to the Insurer whether as a result of unavailability of spare part or otherwise.
4. IMMOBILIZER WARRANTY
It is hereby warranted that during the currency of this policy, any vehicle hereby used will be fitted with an immobilizer or pedal lock or steering lock or burglar alarm and that the device(s) shall be put into operation at all times when the vehicle is not in use.
5.LEARNER DRIVER’S WARRANTY
Warranted that the Insurer shall not be liable to make any payment in respect of any accident, loss, damage or liability caused or arising whilst the Motor Vehicle described in the schedule to this policy is being driven by a learner driver except the learner driver is driving on the instruction of an experienced licensed driver in the same vehicle at the time of such accident, loss, damage or liability.
6.INTOXICATING LIQUORS OR DRUG WARRANTY
Warranted that the Insurer shall not be liable to make any payment in respect of any accident, loss, damage or liability caused or arising whilst the Motor Vehicle in connection with which insurance or indemnity is granted hereunder is being driven by the insured (or by any other person provided he is in the insured’s employment and or is driving on his order and with his permission) whilst under the influence of or whilst his efficiency as driver is impaired by intoxicating liquors or drugs.
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8.THEFT EXCESS
In respect of any claim arising consequence of theft or any attempt thereat of the insured’s Vehicle, the Insured shall be responsible for 10% of the claim. This amount shall be in substitution for and not in addition to any other amount payable by the insured stipulated in the Policy or any endorsement thereto.
9.TOTAL LOSS SETTLEMENT ON PRE-ACCIDENT VALUE BASIS
The estimated value of the Vehicle(s) shown in this Policy is not necessarily the amount payable by the Insurer in the event of a total loss since their liability is limited to the market value of the Vehicle(s) immediately prior to the date of loss or value shown in the Policy whichever is the lesser.
10.FIRE WARRANTY
Warranted that no liability attaches to the Insurer under this policy for loss or damage caused by fire to the vehicle(s) insured in the policy unless the said vehicle(s) carries a fire extinguisher at all times, which shall be caused to put off any fire from the car.
11.DEPRECIATION & TOTAL LOSS CLAUSE
In the event of loss or damage to the insured vehicle caused by perils covered by the policy, where the adjusted estimate of repairs exceeds 60% of the sum insured of the insured vehicle, the Insurer may at its option regard the loss or damage to the vehicle as “Constructive Total Loss”. In which case the Insurer shall pay the insured the sum less depreciation at the rate of 10% per annum or ratable proportion stated below for period of use less than a year and the damaged vehicle shall become the property of the Insurer and may be disposed at its discretion.
Up to 3 months |
- 2.5% |
Above 3 months up to 6 months |
- 5.0% |
Above 6 months up to 9 months |
- 7.5% |
9 months up to 1 year |
- 10% |
12. POLICY EXCESS - ACCIDENTAL DAMAGE - 10% OF CLAIM.
Section I (Loss/Damage) |
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10% of claim. |
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Section II (Third Party Property Damage Excess) |
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10% of claim. |
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