AD369SCH - JN8315

COMMERCIAL

VEHICLE

POLICY

Direct

MOTOR INSURANCE

Allianz p.l.c. is regulated by the Central Bank of Ireland. Registered in Ireland No. 143108

Calls may be recorded or monitored for regulatory, training and quality purposes.

369 SCH 11.13 X KD

Allianz p.l.c.

Allianz House,

Elmpark,

Merrion Road,

Dublin 4,

D04 Y6Y6.

Telephone: 1890 48 48 48

Fax: 01 660 5214

Email: info@allianzdirect.ie

Website: www.allianz.ie

Allianz Mobile: m.allianz.ie

Freetext: 50048

Allianz 369 SCH 11-13 X KD Cover.qxp_Layout 1 24/05/2021 11:33 Page 1

1. Introduction

Please note that Paragraph 1 under Introduction on page 2 of the Policy now reads

as follows:

In return for payment of premium or agreement to pay premium, Allianz will provide

the insurance described in the Policy on condition that the information detailed in a

Proposal Form or a Statement of Fact is correct and complete. This Proposal Form or

Statement of Fact form the basis of the contract with Allianz hereinafter called the

Company. Provision of such an insurance is subject to the Terms, Deﬁnitions,

Exclusions, Extensions, Conditions and Endorsements contained in the Policy. The

Period of Insurance shall be as expressed in the Schedule attached hereto or any

subsequent period for which the Company may accept payment for the renewal of

this Policy.

2. Policy Conditions

Condition 6 under Conditions on page 16 of the Policy now reads as follows:

The due observance and fulﬁlment of the terms, provisions and conditions of this

Policy and/or of any Endorsement thereon insofar as they relate to anything to be

done or complied with by the Insured or any person indemniﬁed by this Policy and

the information detailed in the Proposal Form or Statement of Fact shall be the

conditions precedent to any liability of the Company and/or to make any payments

under this Policy.

Condition 11 under Conditions on page 17 of the Policy now reads as follows:

If at any time or from time to time any material change shall occur in any of the facts

existing in the Proposal Form or Statement of Fact provided for this Policy the

Insured shall give immediate notice thereof in writing to the Company and shall pay

such additional premium as the Company may require. Further, the Policy may be

voided in respect of any risk or item thereof in regard to which there be any

alteration after the commencement of this Insurance unless such alteration be

admitted by memorandum signed by or on behalf of the Company.

COMMERCIAL VEHICLE INSURANCE

This section summarises changes to cover which apply to your motor policy, which are

not currently outlined in your policy document. The changes outlined below will have

been issued to you previously in new business or renewal documentation. This

document should be read in conjunction with the policy wording.

3. Changes to Right of withdrawal, Cancellation, Material Facts/Duty of

Disclosure/Alteration of Risk and Subrogation

This document is attaching to and forming part of your above policy with eﬀect

from policy renewal/inception dates on and after 1st September 2020. Please read

this document carefully and note the changes in your policy terms and conditions

as outlined below. Please note that the amended terms below, with the exception

of the Subrogation terms, overwrite any related term on any other documentation.

The Subrogation terms below act as an addition to the Rights of

Recovery section in policy booklet.

1. Right of Withdrawal

Your Right of Withdrawal as outlined in your Terms of Business and policy wording

has been amended from 14 calendar days to 14 working days and now reads as

follows:

You have the right to withdraw from this policy, provided you have not made a claim,

within 14 working days of the latest of:

(1) the starting date of cover, or

(2) the date on which you receive the full terms and conditions of your policy.

Withdrawal eﬀectively means that no policy was ever in place, and you may exercise

this right by notice in writing to us, quoting your policy number. Our address is Allianz

House, Elm Park, Merrion Road, Dublin 4, D04 Y6Y6. Should you exercise this right

we will refund you the premium you have paid. If the cover is motor insurance, the

premium cannot be refunded until the Allianz Certiﬁcate of Motor Insurance and

Insurance Disc have been returned to us. Please note that the right of withdrawal

does not apply if the insurance policy under which insurance cover is provided for is

less than 1 month.

2. Cancelling Your Policy

Your cancellation rights have been amended to:

You may cancel the policy at any time by contacting us by phone or in writing. Our

address is Allianz House, Elm Park, Merrion Road, Dublin 4, D04 Y6Y6. We will cancel

your policy from the date we receive your request. You must pay your premium up to

the cancellation date of your policy.

We may cancel the policy at any time by issuing a written notice to you at your last

known postal address. If we cancel your policy and nothing has happened that may

result in a claim during the current period of insurance, we will refund part of your

premium for any remaining period of insurance. The exception to this is when the

COMMERCIAL VEHICLE INSURANCE

reason for cancellation is as shown in the General Policy Conditions of this policy and

where it says we are entitled to keep the premium.

No matter who cancels the policy, if there has been a claim during the period of

insurance we will not return any of the premium you have paid. If you cancel your

policy within the ﬁrst 14 working days of the period of insurance, no transaction

charge will apply. However, if you cancel your policy after the ﬁrst 14 working days, a

transaction charge will apply. This transaction charge is outlined on your policy

schedule. If we cancel your policy, at any stage, no transaction charge will apply.

3. Material Facts/Duty of Disclosure/Alteration of Risk

When arranging this insurance over the phone, by email, via our website or through

your insurance intermediary you declared that the answers you provided were, to

the best of your knowledge and belief, true and complete in every respect and that

you did not make any misrepresentations. A misrepresentation is where an

individual provides fraudulent, inaccurate, misleading or incomplete information.

You acknowledged the importance of answering all questions honestly and taking

reasonable care not to make a misrepresentation when providing us with answers

to the questions asked. Failure to do so may lead to the voidance of your policy

and/or your claim not being paid at all or alternatively only part of your claim

being paid to you.

Please note that any "alteration" clause in the policy or any clause which refers to an

"alteration of risk" will apply only where the subject matter of the policy has changed

or altered. Any clause of the policy which refers to a "material change" will be

interpreted as referring to changes that take the risk outside that which was

reasonably envisaged by both you and us when the policy sale was concluded. If you

are in any doubt as to whether there has been a change in the subject matter of the

contract which changes the risk to something that we did not agree to cover, then

please contact us or your intermediary.

4. Subrogation

Subrogation is the process whereby when you have the right to recoup damages

and/or costs from another person, resulting from an incident which is covered under

your policy, we, your insurer, are entitled to recover such amounts from the other

person(s).

In the event that the other person involved in the incident is a family member or

cohabitant, or someone who caused an insured incident when using your motor

vehicle with your consent, you may have decided not to recoup any resulting

damages and/or costs. In such situations we:

COMMERCIAL VEHICLE INSURANCE

iii

- may not seek to recover such amounts by subrogation if that person is not

insured in respect of the incident

- may not recover an amount which exceeds what they may recover from their

own insurance policy

- will not require that you give us permission to recover such amounts in order for

you to be able to claim from us

- reserve the right to recover such amounts where the incident arose from serious

or wilful misconduct of the other person

In the event that the other person is your employee, we will not seek to recover

damages and/or costs unless the incident was caused intentionally or recklessly,

and with knowledge that loss or damage would probably result.

Please note that we may not accept any claims where your policy excludes any

liability which is implied by agreement, and where you have entered such an

agreement which limits your rights to recover damages and/or costs from any

person in relation to any incident covered by this insurance.

4. Cover for Drivers under 23

This document is attaching to and forming part of your policy with eﬀect from

policy renewal/inception dates on and after 24th May 2021. Please read this

document carefully and note the changes in your policy terms and conditions as

outlined below.

We have removed the following exclusion from your policy:

Exceptions To Sections 5 & 6

(iii) damage as deﬁned in Sections 5 and/or 6 whilst any Vehicle is being driven by

any person

(a) who is under 23 years of age

(b) who is not the holder of a current full driving licence

It has been replaced by:

Exceptions To Sections 5 & 6

(iii) damage as deﬁned in Sections 5 whilst any Vehicle is being driven by

any person

(a) who is under 23 years of age

(b) who is not the holder of a current full driving licence

COMMERCIAL VEHICLE INSURANCE

5. Mid Term Alteration Charges

Policy Alteration, Additional and Return Premiums

Where your Policy is altered during any Period of Insurance We will recalculate your

premium. This may result in an additional premium due to Us or a return premium

due to You.

A premium transaction charge may be applied to all such alterations as detailed in

your Schedule. We will only charge or refund You provided the total amount,

including the premium transaction charge, is greater than or equal to the amount

detailed in your Schedule.

Where applicable a Government Levy / Insurance Premium Tax applies to all

premium transactions.

6. Full Premium Payment

In the event of a claim in the current Period of Insurance, the full annual premium

becomes due.

We reserve the right to request full payment of any outstanding premium prior to

the claim being paid and/or to deduct any outstanding premium from any claim

payment We may make to You.

7. Claims Information

In the event that your vehicle is deemed to be either a statutory or ﬁnancial write-oﬀ,

We will not pay more than the market value of your vehicle immediately prior to the

loss or damage. We will determine the market value of your vehicle to be the

monetary value you could reasonably expect to pay for your vehicle had you bought

it immediately prior to the loss or damage. This will be determined by other vehicles

available in the market of comparative make, model, engine capacity, age, mileage,

ownership history, general condition and any other relevant factors. We may use an

independent specialist ﬁrm to determine the appropriate monetary value.

A statutory write-oﬀ means that a suitably qualiﬁed assessor has deemed the

vehicle no longer ﬁt for return to the road and should be either destroyed or

rendered for parts.

A ﬁnancial write-oﬀ means that the vehicle can be repaired to a safe condition but

the cost of repairs renders it uneconomic to do so.

All incidents must be reported to our Emergency Services phone numbers:

Republic of Ireland 01 448 48 48

Northern Ireland or Great Britain 00353 1 6133666

COMMERCIAL VEHICLE INSURANCE

Contents

Page

2 Introduction

3 Definitions

4-9 Insuring Clauses

10-13 Exclusions

14 Extensions

15-17 Conditions

18-20 Important Information in relation to Your Allianz Policy

Introduction

The Insured named in the Schedule hereto having by a Statement of Fact or

Proposal and Declaration which shall be the basis of this Contract applied to

Allianz p.l.c. hereinafter called “the Company” for the insurance hereinafter

defined and having paid or agreed to pay the premium, the Company agrees to

provide such insurance subject to the Terms, Definitions, Exclusions, Extensions,

Conditions and Endorsements contained herein or endorsed or otherwise

expressed hereon. The Period of Insurance shall be as expressed in the Schedule

attached hereto or any subsequent period for which the Company may accept

payment for the renewal of this Policy.

Vehicle Cover

Vehicle Cover is described in the Schedule attached to this Policy and operates

as follows unless otherwise specified by endorsement

Comprehensive ......................................................................All Sections of the Policy apply

Third Party, Fire and Theft ..........All Sections of the Policy apply except Section 5

Third Party only ................All Sections of the Policy apply except Sections 5 and 6

Fire and Theft only ....................................................Only Section 6 of the Policy applies.

Signed for and on behalf of the Company

Helen Merry

Chief Underwriting Officer.

In Your Own Interest

This Policy includes important exclusions and conditions. The Company encourages

you to read this Policy carefully and to contact the Company immediately if any

clarification is required. The appropriate Stamp Duty has been or will be paid to the

Revenue Commissioners in accordance with the Stamp Duties Consolidation Act

1999, Schedule 1.

Insurance Act 1936

In accordance with Section 93 of the Insurance Act 1936, it is understood and agreed

that all monies which become or may become due and payable by the Company

under this policy shall be payable and paid in the Republic of Ireland.

COMMERCIAL VEHICLE INSURANCE

Definitions

Insured

The person, company, firm or other legal

entity named as the Insured in the Policy

Schedule.

Schedule

Sets out details of the Insured and a

summary of the cover provided. The

Schedule is part of the Policy.

Business

The business of the Insured described in

the Schedule.

Vehicle

Any Motor Vehicle other than a private

car or estate car having a dual purpose

body described in the Schedule and for

which a Motor Certificate has been

issued.

Insured Driver

Any person described in the Schedule

under the heading “Drivers or Classes of

Drivers whose Driving is Covered”.

Territory

The Republic of Ireland, Northern Ireland,

Great Britain, the Isle of Man and the

Channel Islands.

Passenger

Any person while in, mounting into, or

dismounting from the Vehicle.

Trailer

Any trailer owned by the Insured or for

which the Insured is responsible while it is

attached to or detached from the Vehicle.

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Insuring Clauses

Section 1: Liability to Third

Parties

The Company will indemnify the

Insured

(a) in respect of events occurring in

the Territory against all sums

which the Insured or his personal

representative shall become

legally liable to pay to any

person by way of damages or

costs on account of injury to

person ( including injury causing

death) or damage to property

caused by or through or in

connection with any Vehicle

including the loading or

unloading of such Vehicle. Such

indemnity insofar as it relates to

damage to property shall be

limited to the sum stated in the

Schedule under the heading

“Third Party Property Damage

Limit” in respect of damage

occasioned by any one act or any

one series of acts collectively

constituting one event.

(b) in respect of events caused by or

through or in connection with any

Vehicle including the loading and

unloading of such Vehicle or

articles falling therefrom

occurring in any other country

which is a member of the EC or in

respect of which the Commission

of the EC is satisfied that

arrangements have been made to

meet the requirements of Article

7(2) of the Third EC Directive on

Insurance of Civil Liabilities arising

from the use of motor vehicles but

such indemnity shall not exceed

the minimum indemnity required

to comply with the laws relating to

compulsory insurance of motor

vehicles in such countries except

that if the minimum indemnity

required by the laws of the

Republic of Ireland be higher than

that of such countries then the

indemnity provided will be that

required in the Republic of Ireland

as if the event giving rise to the

liability had occurred in the

Republic of Ireland.

The Company will pay the

Solicitor’s fee incurred, provided

that written consent has been

obtained from the Company in

advance, for representation at

any Coroner’s Inquest in respect

of any death which may be the

subject of indemnity under this

Section or for defending in any

Court of Summary Jurisdiction

any proceedings in respect of any

act causing any event which may

be the subject of indemnity under

this Section.

Section 2: Third Party Working

Risk Cover

General Exception (8) is hereby

rendered inoperative.

Except so far as is necessary to meet

the requirements of Road Traffic Act

Legislation whilst any Vehicle or any

COMMERCIAL VEHICLE INSURANCE

Insuring Clauses (continued)

plant forming part of such Vehicle or

attached thereto is being operated as

a tool

(a) the Company shall be under no

liability under Section 1 of this

Policy for injury to person

(including injury causing death)

or damage to property for or

arising out of

(i) subsidence, flooding or

water pollution

(ii) damage to pipes or cables

(b) the liability of the Company in

respect of injury to person

(including injury causing death)

and/or damage to property

caused by or through or in

connection with such Vehicle shall

not exceed the sum of €6,400,000

in respect of any one act or any

one series of acts collectively

constituting one event provided

that the Limit of Indemnity

applying to this Policy as stated in

Section 1 for damage to property

is not increased hereby.

The Company will in addition pay all

costs and expenses incurred with its

written consent.

Section 3: Persons Driving

Insured Vehicle

In terms of and subject to the

limitations of the indemnity which is

granted by Section 1 to the Insured

the Company will indemnify any

Insured Driver who is driving the

Vehicle with the Insured's consent

Provided that

(a) such Insured Driver is not entitled

to indemnity under any other

policy

(b) such Insured Driver is not a

person in the Motor Trade driving

the vehicle for purposes

necessitated by its overhaul

upkeep and/or repair for the

Insured

though he were the Insured

observe, fulfil and be subject to

the Terms, Exceptions and

Conditions of this Policy insofar

as they can apply

(d) such Insured Driver holds a

licence to drive the Vehicle or

having held such a licence is not

disqualified from holding such a

licence.

Section 4: Passenger

Negligence

The Company will at the request of

the Insured indemnify in terms of

Section 1 of this Policy any Passenger

in the Vehicle

Provided that the Passenger

(i) is not driving such Vehicle or in

charge of such Vehicle

(ii) is not entitled to indemnity under

any other policy

COMMERCIAL VEHICLE INSURANCE

Insuring Clauses (continued)

(iii) shall as though he were the

Insured observe, fulfil and be

subject to the Terms, Exceptions

and Conditions of this Policy

insofar as they can apply.

Section 5: Loss or Damage

The Company will indemnify the

Insured against loss of or damage to

any Vehicle and/or its accessories

and spare parts while thereon

including damage by frost and loss or

damage while in transit by sea (or

during the process of loading or

unloading incidental to such transit)

between any ports in the Territory.

Any payment under this Section

solely in respect of accidental

breakage of glass in windscreen or

windows will not result in the loss of

the No Claims Discount.

Section 6: Fire and Theft

The Company will indemnify the

Insured against loss of or damage to

any Vehicle and/or its accessories or

spare parts whilst thereon by fire self-

ignition lightning explosion or by theft

or any attempt thereat in the Territory.

Section 5 & 6: Repair

Reinstatement or

Replacement

In relation to the indemnity provided

by Sections 5 and 6, the Company

may at its own option repair, reinstate

or replace such Vehicle or any part

thereof and/or its accessories and

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 such Vehicle immediately

prior to such loss or damage. If, to the

knowledge of the Company, the

Vehicle is the subject of a hire

purchase agreement or leasing

agreement such payment shall be

made to the owner described therein

whose acceptance shall be a full and

final discharge to the Company in

respect of such loss or damage. If the

Company is not made aware of any

hire purchase or leasing agreement in

respect of the Vehicle, payment by the

Company to the Insured shall be a

good discharge to the Company of

any amount owing to any hirer or

lessor.

If such Vehicle is disabled by reason of

such loss or damage the Company

will bear the reasonable cost of

protection and removal to the nearest

repairers. The Company will also pay

the reasonable cost of delivery to the

Insured after repair of any loss or

damage insured under the Policy not

exceeding the reasonable cost of

transport to the address of the

Insured stated in the Policy.

The Insured may authorise the repair

of such Vehicle necessitated by

damage covered by this Policy

provided that the estimated cost of

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Insuring Clauses (continued)

such repairs does not exceed €650

and that the Company be furnished

forthwith with a detailed estimate of

the cost in such form as may be

required.

Section 7: Excesses

The Insured shall be responsible for

the amount as stated in the Schedule

under the heading “Excess” in respect

of each and every claim under Section

5 and/or Section 6 of the Policy.

The excess amount stated in the

Schedule shall not apply to any claim

under Section 5 of the Policy in

respect of accidental breakage of

glass in windscreen or windows.

Section 8: Indemnity to Hirer

In respect of any Vehicle other than a

passenger carrying or goods carrying

Vehicle the Company will indemnify

any hirer of any such Vehicle against

liability as defined in this Policy arising

in connection with any such Vehicle

while let on hire

Provided that

(a) such hirer shall as though he

were the Insured observe, fulfil

and be subject to the Terms,

Exceptions and Conditions of this

Policy insofar as they can apply

(b) such hirer is not entitled to

indemnity under any other policy

by the hirer or any person in the

employment of the hirer.

Section 9: Trailers

The indemnity granted by Section 1

of this Policy other than in respect of

claims by Passengers shall extend to

operate in respect of any Trailer

whilst

(i) attached to any Vehicle

(ii) temporarily detached during

the course of a journey from

any Vehicle

(iii) detached from any Vehicle

provided that details of such

Trailer have been notified to

the Company.

Section 10: Legal Charges

The Company will at the request of

the Insured arrange and pay for legal

services for defence in the event of

proceedings being taken under sub-

Section 2(a) of Section 53 of the

Road Traffic Act l96l for dangerous

driving causing death or serious

bodily harm in respect of any injury to

person which may be the subject of

indemnity under Section 1 of this

Policy

Provided that

(i) the Insured shall be responsible

for any costs and/or expenses in

excess of €1,275 incurred in

respect of such legal services

COMMERCIAL VEHICLE INSURANCE

Insuring Clauses (continued)

(ii) this extension of cover shall not

apply if the person driving is

aged under 23 years

(iii) no indemnity shall be granted if

arising out of the event which

gave rise to the proceedings the

Insured has been convicted (or a

prosecution is pending) under

any Road Traffic Act Legislation

relating to the level,

concentration or quantity of

alcohol or drugs in the body

(iv) the Company may at any time

relieve itself of any further

liability or obligation in respect

of such legal services upon

paying the Insured such sum of

€1,275 less the expenses

incurred by the Company to date

of payment.

Section 11: Emergency

Treatment

The Company will indemnify any

person using the Vehicle in

connection with which indemnity is

provided under the Policy, against

liability for emergency treatment or

medical or hospital expenses as

required by Road Traffic Act

Legislation in connection with injuries

caused by or arising out of the use of

such Vehicle in any territory to which

any of such Legislation applies.

Section 12: Medical Expenses

If the Insured or the Insured Driver or

any Passenger of any Vehicle shall in

direct connection with such Vehicle in

the Territory, sustain any bodily injury

by violent, accidental external and

visible means the Company will pay

to the Insured the medical expenses

in connection with such injury up to

the sum of €130 in respect of each

person injured

Section 13: Joint Insured

Indemnity

For the purpose of this Policy each of

the parties comprising the Insured

shall be considered a separate and

distinct unit and the words "the

Insured" shall be considered as

applying to each party in the same

manner as if a separate Policy had

been issued to each of the said parties

and the Company hereby agrees to

waive all rights of subrogation or

action which the Company may have

or acquire against either of the

aforesaid parties arising out of an

accident in respect of which a claim is

made hereunder. Notwithstanding

the inclusion herein of more than one

Insured the total liability of the

Company in respect of damage to

property in respect of any or all

Insureds shall not exceed the Limits of

Indemnity as stated in this Policy.

COMMERCIAL VEHICLE INSURANCE

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COMMERCIAL VEHICLE INSURANCE

Exclusions

Except so far as is necessary to meet

the requirements of Road Traffic Act

Legislation:

Exceptions To Section 1

The Company shall not be liable in

respect of

(a) injury to person (including injury

causing death) to

(i) any Passenger unless that

part of the Vehicle in which

such Passenger is being

accommodated is designed

and constructed with fixed or

folding seats permanently

and securely installed in or

on the Vehicle

(ii) any person driving the

Vehicle or in charge of the

Vehicle for the purpose of

driving

(iii) any person in the

employment of the Insured

where such personal injury

arises out of and in the

course of such employment

(b) injury to person (including injury

causing death) or damage to

property occasioned

(i) beyond the limits of any

carriageway or thoroughfare

on which compulsory

insurance is not required

under Road Traffic Act

Legislation in connection

with the bringing of a load to

the Vehicle for loading

thereon or the taking away

of a load from the Vehicle

after unloading therefrom

(ii) whilst the Vehicle is drawing

a trailer other than one

superimposed trailer being

part of an articulated Vehicle

in the possession, custody or

control of the Insured or in, on or

being conveyed by the Vehicle.

Exceptions To Section 4

The Company shall not be liable in

respect of

(a) personal injury (including

personal injury causing death) to

the Insured or any person driving

the Vehicle or in charge of the

Vehicle for the purpose of driving

or any person in the employment

of the Passenger or in the

employment of the employer of

the Passenger where such

personal injury arises out of and

in the course of such employment

(b) damage to property owned by or

in the possession, custody or

control of the Insured or of the

Passenger or in, on or being

conveyed by the Vehicle.

Exceptions To Sections 5 & 6

The Company shall not be liable to

pay for: -

COMMERCIAL VEHICLE INSURANCE

Exclusions (continued)

(i) loss of use, depreciation wear

and tear electronic failures

mechanical or electrical

breakdown failure or breakages

(ii) damage to tyres by application

of brakes or by road punctures,

cuts or bursts

(iii) damage as defined in Sections 5

and/or 6 whilst any Vehicle is

being driven by any person

(a) who is under 23 years of age

(b) who is not the holder of a

current full driving licence

(iv) loss or damage as defined in

Section 5 and/or Section 6 in

respect of any event occurring

outside the Territory.

General Exceptions of the

Policy

Except so far as is necessary to meet

the requirements of Road Traffic Act

Legislation

The Company shall not be liable

(1) to indemnify the Insured in

respect of any award made as a

result of legal proceedings issued

in any country which is not a

member of the EC or in any other

country in respect of which the

Commission of the EC is not

satisfied that arrangements have

been made to meet the

requirements of Article 7(2) of the

Third EC Directive on Insurance of

Civil Liabilities arising from the

use of motor vehicles.

(2) in respect of any liability (in

excess of the common law or

statutory liability applicable to

the case) undertaken by the

Insured by special contract.

(3) in respect of any loss, damage

liability and/or injury arising out

of any event occurring while any

Vehicle

(a) is being driven by or in the

charge of any person other

than an Insured Driver or

(b) is being used other than

within the Limitations as to

Use contained in such

Schedule.

(4) except under Section 1 in respect

of any loss, damage and/or injury

due to or in consequence of

Earthquake.

(5) in respect of

(a) loss or destruction of or

damage to any property

whatsoever or any loss or

expense 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

COMMERCIAL VEHICLE INSURANCE

Exclusions (continued)

(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.

(6) in respect of any loss damage

liability cost or expense of

whatsoever nature directly or

indirectly caused by resulting

from or in connection with any of

the following regardless of any

other cause or event contributing

concurrently or in any other

sequence to the loss

(i) war invasion acts of foreign

enemies hostilities or warlike

operations (whether war be

declared or not) civil war

rebellion revolution

insurrection civil commotion

assuming the proportions of

or amounting to an uprising

military or usurped power

(ii) any Act of Terrorism.

An Act of Terrorism means

an act including but not

limited to the use of force or

violence and/or the threat

thereof of any person or

group(s) of persons whether

acting alone or on behalf of

or in connection with any

organisation(s) or

government(s) committed

for political religious

ideological or similar

purposes including the

intention to influence any

government and/or to put

the public or any section of

the public in fear.

This exclusion applies to

liability loss damage cost or

expense of whatsoever

nature directly or indirectly

caused by resulting from or

in connection with any action

taken in controlling

preventing suppressing or in

any way relating to (i) and/or

(ii) above.

If the Company allege that

by reason of this exclusion

any loss damage liability

cost or expense is not

covered by this insurance the

burden of proving the

contrary shall be upon the

Insured.

In the event any portion of

this exclusion is found to be

invalid or unenforceable the

remainder shall remain in

full force and effect.

(7) in respect of loss damage liability

cost or expense of whatsoever

nature directly or indirectly

caused by resulting from or in

connection with

(i) the loss of alteration

of or damage to

COMMERCIAL VEHICLE INSURANCE

Exclusions (continued)

(ii) a reduction in the

functionality availability or

operation of a computer

system hardware

programme software data

information repository

microchip integrated circuit

or similar device in computer

equipment or non-computer

equipment that results from

the malicious or negligent

transfer (electronic or

otherwise) of a computer

programme that contains

any malicious or damaging

code including but not

limited to computer virus

worm logic bomb or trojan

horse.

(8) in respect of liability incurred by

the Insured arising out of the

operation as a tool of any Vehicle

or of plant forming any part of

such Vehicle or attached thereto.

(9) in respect of loss destruction or

damage directly occasioned by

pressure waves caused by

aircraft or other aerial devices

travelling at sonic or supersonic

speeds.

(10) in respect of damage to any road

or to anything in or below the

surface of a road due to the

weight of or vibration caused by

any Vehicle.

COMMERCIAL VEHICLE INSURANCE

Extensions

Notwithstanding anything contained

in General Exception (2) to the

contrary the Company will indemnify

in terms of Section 1 of the Policy any

Public Authority Company Firm

Corporate Body or Person

(hereinafter called the Principal) for

whom the Insured has contracted to

execute work or services

Provided that

(a) the Insured shall have arranged

with the Principal for the conduct

and control of all claims for which

the Company may be liable by

virtue of this extension to be

vested in the Company

(b) the Principal is not entitled to

indemnity under any other policy

by virtue of this extension in

respect of

(i) liability or any sum in excess

of the amount thereof which

attaches to the Principal by

virtue of an agreement and

which liability or excess sum

would not have attached in

the absence of such an

agreement

(ii) liability which arises other

than by reason of the

negligence of the Insured or

an employee of the Insured

(d) the Principal shall as though it or

he were the Insured observe fulfil

and be subject to all the terms

exceptions and conditions of this

Policy.

COMMERCIAL VEHICLE INSURANCE

Conditions

Any condition of this Policy and/or of

any Endorsement thereon insofar as it

is a prohibited condition within the

meaning of Part VI of the Road Traffic

Act l96l shall not be a condition

affecting the right of any person to

recover an amount under or by virtue

of the provisions of Section 76 of the

said Act.

1: The Insured shall give notice in

writing to the Company as soon as

practicable after the occurrence

of any event in consequence of

which the Company may become

liable under this Policy with full

particulars thereof. Every letter

claim writ summons and/or

process shall be notified or

forwarded to the Company

immediately on receipt. Notice

shall also be given in writing to the

Company immediately the

Insured shall have knowledge of

any impending prosecution or

inquest in connection with any

such event.

2: No admission offer promise

payment or indemnity shall be

made or given by or on behalf of

the Insured or any person

indemnified by this Policy without

the written consent of the

Company which shall be entitled

if it so desires to take over and

conduct in the name of the

Insured or such indemnified

person the defence or settlement

of any claim or to prosecute in

the name of the Insured or such

indemnified person 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 or such indemnified

person shall give all such

information and assistance as the

Company may require.

3: If at the time any claim arises

under this Policy there is any other

existing insurance covering the

same loss damage or liability the

Company shall not be liable under

this Policy to pay or contribute

more than its rateable proportion

of any loss damage costs and/or

expenses. Provided always that

nothing in this condition shall

impose on the Company any

liability from which but for this

condition it would have been

relieved under Proviso (a) of

Section 3 and Proviso (ii) of Section

4 or the terms of any endorsement

attached to this Policy.

4: The Insured shall take all

reasonable steps to safeguard

from loss or damage and

maintain in efficient condition

any Vehicle and the Company

shall have at all times free access

to examine such Vehicle.

5: If any difference shall arise under

this Policy such difference shall

be referred to an Arbitrator to be

appointed by the parties or

failing agreement by the

COMMERCIAL VEHICLE INSURANCE

Conditions (continued)

President for the time being of

the Incorporated Law Society of

Ireland. 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. Claims not

referred to arbitration within 12

calendar months from the date

of disclaimer of liability shall be

deemed to have been

abandoned.

6: The due observance and

fulfilment of the terms, provisions

and conditions of this Policy

and/or of any Endorsement

thereon insofar as they relate to

anything to be done or complied

with by the Insured or any person

indemnified by this Policy and the

truth of the statements and

answers in the Proposal for the

insurance provided for by this

Policy shall be conditions

precedent to any liability of the

Company to make any payments

under this Policy.

7: The Insured shall repay to the

Company all sums paid by the

Company in respect of any claim

under this Policy which the

Company would not have been

liable to pay but for the

provisions of the Motor Insurers'

Bureau of Ireland or any similar

international agreement or the

law of any territory in which the

Policy operates relating to the

insurance of liability to Third

Parties and all expenses incurred

by the Company in connection

with any such payment.

8: (a) This Policy may be

cancelled at any time by

the Company giving 10

days notice by Registered

Post to the Insured at the

Insured’s last known

address. In such event the

Insured shall become

entitled to a return of the

proportionate part of the

premium in respect of the

unexpired portion of the

Period of Insurance subject

to the Company’s right to

retain the amount

specified in the Policy and

Schedule or otherwise

advised to the Insured as a

minimum premium.

(b) If the Company has

agreed to accept payment

of premium for this Policy

by instalments then in the

event of any non-payment

of any instalment on or

before the due date the

Company may cancel this

Policy by giving 10 days

notice by Registered Post

to the Insured at the

Insured’s last known

address. Following expiry

of such notice this Policy

shall be automatically

cancelled and the

Company shall be entitled

to payment of the

premium proportionate to

the Period of Insurance.

COMMERCIAL VEHICLE INSURANCE

Conditions (continued)

9: The expression "the Insured" and

“person indemnified by this

Policy” shall for the purposes of

these conditions and so far as

the context permits be deemed

to include a reference to the

Insured's or such person’s

personal representatives.

10: This Policy shall be voidable in

the event of misrepresentation,

misdescription or non-disclosure

in any material particular.

11: If at any time or from time to

time any material change shall

occur in any of the facts existing

at the date of the Proposal for

the insurance provided for by

this Policy the Insured shall give

immediate notice thereof in

writing to the Company and

shall pay such additional

premium as the Company may

require. Further, the Policy may

be voided in respect of any risk

or item thereof in regard to

which there be any alteration

after the commencement of this

Insurance unless such alteration

be admitted by memorandum

signed by or on behalf of the

Company.

COMMERCIAL VEHICLE INSURANCE

Important Information in relation to

Your Allianz Policy

Your insurer

The underwriter of your insurance is

Allianz p.l.c., having its registered

office at Allianz House, Elmpark,

Merrion Road, Dublin 4,

Companies Registration No. 143108.

Vat no 4887986M. Our contact details

are: tel: +353 1 6133000,

fax: +353 1 6134444, and

email: [email protected].

Regulatory Status

Allianz p.l.c. is regulated by the

Central Bank of Ireland and is subject

to the Central Bank of Ireland's

Consumer Protection Code and

Minimum Competency Code which

offer protection to consumers. These

Codes can be found on the Central

Bank's website: www.centralbank.ie.

What we do

Allianz p.l.c. is a non-life insurance

undertaking which underwrites

personal, commercial, education,

religious and social insurance products.

How we charge

The charge for our services is the

premium (including applicable

government levy). This premium and

any optional covers are separately

specified in your Schedule/Renewal

notice.

Language

Your policy and all communications

with you or by you to us will be in

English.

Governing law

You and we may choose the law

applicable to this contract. It is hereby

agreed that this contract is governed

by Irish Law unless we agree with you

otherwise in writing. The Irish Courts

will have jurisdiction to hear any

dispute other than any dispute which

must be referred to arbitration under

the arbitration clause of this policy.

Default

Non-payment of your premium or

part thereof or breach by you of

certain conditions of your policy may

lead to your policy being revoked or

cancelled.

Right of Withdrawal

You have the right to withdraw from

this policy, provided you have not

made a total loss claim, within 14

days of the latest of:

(1) the starting date of cover, or

(2) the date on which you receive the

full terms and conditions of your

Policy.

Withdrawal effectively means that no

policy was ever in place, and you may

exercise this right by notice in writing

to us at the address given above,

quoting your policy number. Should

you exercise this right we will refund

you any part of your premium you

have paid less an administration

charge as detailed in your schedule. If

the cover is motor insurance, the

premium cannot be refunded until the

COMMERCIAL VEHICLE INSURANCE

Important Information in relation to

Your Allianz Policy

(continued)

Allianz Certificate of Motor Insurance

and Insurance Disc have been

returned to Allianz. Please note that

the right of withdrawal does not apply

if the insurance policy under which

insurance cover is provided is for less

than 1 month.

Policy Alteration, Additional and

Return Premiums

Where your policy is altered or

cancelled during any Period of

Insurance, we will re-calculate your

premium. This may result in an

additional premium due to us, or a

return premium due to you. A

premium transaction charge may be

applied to all such alterations, as

detailed in your schedule. Where

applicable, the premium transaction

charge will be added to any

additional premium due to us, or

deducted from any return premium

due to you. We will only charge or

refund a premium provided the

amount is greater than or equal to the

amount detailed in your schedule. A

Government Levy applies to all

premium calculations.

Alteration to terms and conditions

In the event of a claim we may advise

you, at the time of your next renewal,

of altered policy terms and conditions

which increase your premium and/or

excess, and/or reduce cover.

Claims

If you need to make a claim, please

telephone us on 1890 779 999 or

Merrion Road, Dublin 4. When you

call, please provide your policy

number, details of what happened,

and the time and date of the incident.

Complaints

We aim to deliver the very highest

standards of customer care. If you

have any enquiry or complaint, please

contact, with your policy/quote

number and details: Head of

Customer Focus, Allianz plc, Allianz

House, Elmpark, Merrion Road, Dublin

4, Tel: +353 1 6133000, email:

[email protected].

If your complaint is not resolved to

your satisfaction and you remain

dissatisfied with our final response to

your complaint you can refer your

complaint to:

(1)

The Financial Services Ombudsman

Bureau, 3rd Floor, Lincoln House,

Lincoln Place, Dublin 2,

Locall: 1890 882090,

Tel: +353 1 6620899,

Fax: +353 1 6620890,

email:

[email protected],

website:

COMMERCIAL VEHICLE INSURANCE

www.financialombudsman.ie. The

Financial Services Ombudsman will

examine complaints from all

customers, except limited companies

with a turnover of €3 million and

above.

and/or

(2)

Insurance Information Services –

Insurance Ireland, Insurance House,

39 Molesworth Street, Dublin 2,

Tel: +353 1 6761820,

Fax: +353 1 6761943,

email: [email protected]

website: www.insuranceireland.eu

If you are a resident of Northern

Ireland, you may also refer your

complaint to the Financial

Ombudsman Service. You must do

this within six months of the date of

our decision. The contact details are:

The Financial Ombudsman Service,

South Quay Plaza, 183 Marsh Wall,

London E14 9SR,

Telephone 0800 023 4567,

Fax 020 7964 1001

Email:

complaint.info@financial-ombudsman.org.uk

Website:

www.financial-ombudsman.org.uk.

Compensation

Please note that in the event of

Allianz being unable to pay a claim,

you may be entitled to compensation

from the Insurance Compensation

Fund in Ireland.

Call Recording

Please note that Allianz may record

and monitor telephone calls for

regulatory, training and quality

purposes.

Important Information in relation to

Your Allianz Policy (continued)

COMMERCIAL VEHICLE INSURANCE

COMMERCIAL

VEHICLE

POLICY

Direct

MOTOR INSURANCE

Allianz p.l.c. is regulated by the Central Bank of Ireland. Registered in Ireland No. 143108

Calls may be recorded or monitored for regulatory, training and quality purposes.

369 SCH 11.13 X KD

Allianz p.l.c.

Allianz House,

Elmpark,

Merrion Road,

Dublin 4,

D04 Y6Y6.

Telephone: 1890 48 48 48

Fax: 01 660 5214

Email: info@allianzdirect.ie

Website: www.allianz.ie

Allianz Mobile: m.allianz.ie

Freetext: 50048

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