business mini ﬂeet policy document - TFP Schemes · TFP Business Mini Fleet Policy Document v7.qxp_A4 Ad from SiGGA Design 04/10/2018 4:02 pm Page 3 Kingdom, Channel Islands or

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business mini fleet

TFP Business Mini Fleet Policy Document v7.qxp_A4 Ad from SiGGA Design 04/10/2018 4:02 pm Page 1

In the event of an accident, windscreen breakage, or to make a claim:

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Please ensure that claims, fault or non-fault are reported immediately as this canoften mean a substantial reduction to the overall cost of a claim.


business mini fleet policy

Contents

A Warm Welcome to TFP Schemes 1

Your Business Mini Fleet Policy 2

Introduction 2

Making a Claim 2

How We Use Your Information 3

How We Share Your Information 3

Marketing 3

Fraud Prevention and Detection 3

Automated Decisions 3

How to Contact Us 3

Choice of Law 3

Registration and Regulatory Information 4

A. Definitions 4

B. Policy Cover 6

C. 1 - Loss of or Damage to the Insured Vehicle 6

2 - Liability to Third Parties 8

3 - Medical Expenses 10

4 - Personal Effects 10

5 - Unauthorised Use 10

D. Policy Exclusions 10

E. Policy Conditions 11

F. Additional Information 14

G. Complaints Procedure 15


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A Warm Welcome to TFP Schemes

Thank You for choosing to take this Policy through TFP Schemes who were established in 1998 and are a specialistinsurance underwriting facility operating under a delegated authority on behalf of Covea Insurance plc.

Important

If You have any queries about the Policy, do not understand any part of it or feel that it does not meet Yourrequirements please consult Your Insurance Broker.

Our commitment to You

We aim to provide a consistently excellent service to all Our Customers. We, therefore, take all complaints that Wereceive very seriously and aim to resolve all of Our Customers’ problems promptly and to their satisfaction. Toensure that We provide the kind of service You expect We welcome Your feedback. We will record and thenanalyse Your feedback to make sure We are able to continually improve the services We provide.


Your Business Mini Fleet Policy

This is Your Policy and it sets out the details of Yourinsurance contract between You and the Insurer.

Your Premium has been calculated upon theinformation shown in the Policy Schedule.

Please read the Policy and Schedule carefully toensure that the cover meets Your requirements.Please contact Your insurance broker if You have anyquestions or if You wish to make any adjustments.

Introduction

Each Section of this Policy, the Schedule and anyEndorsements, together with this Introduction,General Definitions, General Conditions and GeneralExclusions shall be read as one document.

Any such word or expression given a specific meaningwill be in bold and starting with a capital letterthrough this Policy and, unless We state otherwise,any word or expression given a specific meaning in:

a) the Schedule, and Policy Endorsements, or thisIntroduction, the General Definitions, Exclusionsand Conditions will have the same meaningthroughout the Policy unless otherwise stated

b) an individual Section or any SectionEndorsements shall only have the samemeaning throughout such Section orEndorsement.

In return for You having paid or agreed to pay thePremium for the Period of Insurance, We willindemnify You, subject to the terms contained in orendorsed on the Policy, in respect of loss damage orliability or pay other benefits which fall within theoperative Sections of this Policy, provided that theloss, damage or injury which gives rise to the claimoccurs during the Period of Insurance and inconnection with the Business.

The Schedule shows the Sections of the Policy thatare insured.

IMPORTANT

This Policy is a legal contract.

You have a duty to make a fair presentation of the riskwhich is covered by this Policy. Therefore, You shouldensure that any information You have provided to Usand the content of any application form, declaration and/or Proposal is accurate and complete. Where You haveprovided Us with information which relates to matters ofYour expectation or belief, it does not matter if suchinformation turns out to be inaccurate provided that Youacted in good faith when You provided Us with suchinformation. If You do not comply with Your duty tomake a fair presentation of the risk, Your Policy may notbe valid or the Policy may not cover You fully or at all.

You must also tell Us about any facts or changes whichaffect Your insurance and which have occurred eithersince the Policy started or since the last renewal date.

If You are not sure whether certain facts are relevantplease ask Your insurance broker. If You do not tell Usabout relevant changes, Your Policy may not be validor the Policy may not cover You fully or at all.

You should keep a written record (including copies ofletters) of any information You give Us or Yourinsurance broker.

Making a Claim

If an incident occurs which might result in an injury,loss or damage involving a vehicle insured by thePolicy, You must telephone the TFP Motor ClaimsCareline on 0330 0242230 as soon as possible afterthe incident. The Motor Claims Careline is available 24hours per day and 365 days a year.

You will need to give the Motor Claims Carelineadvisor the following information:

a) Policy number

b) Your name/driver’s name

c) Vehicle make, model and registration number

d) Details of the incident including thei) name and address of the other driverii) their insurance company, policy number and

vehicle registration number.

Once You have reported the incident the claims teamwill request any further information so that they canproceed with Your claim.

You should refer to the Claims Conditions in theGeneral Conditions Section for full details of theclaims procedure and conditions.

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How We use Your Information

Please visit www.coveainsurance.co.uk/dataprotectionfor further information about how and when we processYour personal information under Our full Privacy Policy.

The personal information, provided by You, is collectedby or on behalf of Covea Insurance plc ('we, us, our')and may be used by Us, Our employees, agents andservice providers acting under Our instruction for thepurposes of insurance administration, underwriting,claims handling, for research or for statistical purposes.

We may process Your information for a number ofdifferent purposes. For each purpose We must have alegal ground for such processing. When theinformation that We process is classed as “sensitivepersonal information”, We must have a specificadditional legal ground for such processing.

Generally, We will rely on the following legal grounds:

• It is necessary for Us to process Your personalinformation to provide Your insurance Policy andservices. We will rely on this for activities such asassessing Your application, managing Yourinsurance Policy, handling claims and providingother services to You.

• We have an appropriate business need to processYour personal information and such business needdoes not cause harm to You. We will rely on thisfor activities such as maintaining Our businessrecords and developing, improving Our productsand services.

• We have a legal or regulatory obligation to usesuch personal information.

• We need to use such personal information toestablish, exercise or defend Our legal rights.

• You have provided Your consent to Our use of Yourpersonal information, including sensitive personalinformation.

How We Share Your Information

In order to sell, manage and provide Our products andservices, prevent fraud and comply with legal andregulatory requirements, We may need to share Yourinformation with the following third parties, including:

• Reinsurers, Regulators and Authorised/StatutoryBodies

• Credit reference agencies

• Fraud prevention agencies

• Crime prevention agencies, including the police

• Suppliers carrying out a service on Our, or Yourbehalf

• Product providers where you've opted to buyadditional cover

• Other insurers, business partners and agents

• Other companies within the Covea InsuranceGroup

Marketing

We will not use Your information or pass it on to anyother person for the purposes of marketing furtherproducts or services to You unless You haveconsented to this.

Fraud Prevention and Detection

In order to prevent or detect fraud and moneylaundering We will check Your details with variousfraud prevention agencies, who may record a search.Searches may also be made against other insurers’databases. If fraud is suspected, information will beshared with those insurers. Other users of the fraudprevention agencies may use this information in theirown decision making processes.

We may also conduct credit reference checks in certaincircumstances. You can find further details in Our fullPrivacy Policy explaining how the information held byfraud prevention agencies may be used or in whichcircumstances We conduct credit reference checks andhow these checks might affect Your credit rating.

Automated Decisions

We may use automated tools with decision making toassess Your application for insurance and for claimshandling processes, such as price rating tools, flood,theft and subsidence area checks and credit checks.

These automated decisions will produce a result onwhether We are able to offer insurance, theappropriate price for Your Policy or whether We canaccept Your claim. If You object to an automateddecision, We may not be able to offer You aninsurance quotation or renewal.

How to Contact Us

Please contact Us if You have any questions aboutOur Privacy Policy or the information We hold aboutYou: The Data Protection Officer, Covea Insurance plc, 50 Kings Hill Avenue, Kings Hill, West Malling, KentME19 4JX or email: [email protected].

Choice of Law

The parties to an insurance contract are free tochoose the law that will apply. Unless We agree inwriting with You otherwise, this insurance shall besubject to the law applying in the part of the United


Kingdom, Channel Islands or Isle of Man where Youhave Your principal place of business. If there is anydispute, the law of England and Wales shall apply.

Registration and RegulatoryInformation

TFP Schemes acting in an underwriting capacity onbehalf of Covea Insurance plc.

Covea Insurance plc. Registered in England and Wales No. 613259.Registered office: Norman Place, Reading, Berkshire. RG1 8DA.

Covea Insurance plc is authorised by the PrudentialRegulation Authority and regulated by the FinancialConduct Authority and the Prudential RegulationAuthority. Our Reference Firm Number is 202277. Youcan check this on the Financial Services Register byvisiting the FCA’s website www.fca.org.uk/register orby contacting the FCA on 0800 111 6768.

A. Definitions

Each time one of the following defined terms orphrases is used, it will have the same meaning whereverit appears in the Policy unless stated otherwise.

A defined term or phrase will be shown in bold eachtime it appears in the Policy except whereincorporated in headings and titles.

Each Section of the Policy contains definitions whichapply to that particular Section and which must beread in conjunction with the following General PolicyDefinitions.

1. Accessory/AccessoriesAudio Equipment, safety equipment andmanufacturers’ tool kits which are part of theInsured Vehicle’s original equipment andpermanently fitted in accordance with the vehiclemanufacturer’s specification. Mobile telephonesare not included within this definition.

2. Audio EquipmentAny audio and/or visual production includingsatellite navigational aids, traffic alert systemswhich forms part of the Insured Vehicle’s originalspecification and recently fitted in accordance withthe vehicle manufacturer’s specification. The termAudio Equipment does not include portableequipment such as mobile telephones, computers,gaming consoles,televisions or any similarequipment.

3. Carriage of Hazardous Goods Regulationsall regulations, laws and Acts which govern orrelate in any way to the transit of HazardousGoods or any similar materials and shall include allsuch regulations passed by the Secretary of Stateunder powers conferred on them by the Healthand Safety Act 1974.

4. Certificate of Motor Insurancethe evidence in writing of the existence of motorinsurance as required by law which is provided tothe Insured in connection with this Policy andwhich forms part of this Policy.

5. Commercial Vehicleany:a) motor vehicle (including its trailer whilst

attached) designed to be used for the carriageof goods;

b) minibus with up to eight passenger seats; butexcluding

c) any buses or coaches

6. Endorsementa change in or an addition to the terms of thisPolicy, which may override or supplement terms,conditions, extensions or limitations of the Policyand which is endorsed on to this Policy.

7. Excessthe amount of any claim for which the Insured retainsliability and which is not covered by this Policy.

8. Hazardous Goodsthose goods detailed in the following regulations:

a) The Carriage of Dangerous Goods(Classification, Packaging and Labelling) andUse of Transportable Pressure ReceptaclesRegulations 1996; or

b) The Carriage of Dangerous Goods by RoadRegulations 1996; or

c) The Dangerous Substances (Conveyance byRoad in Road Tankers and Tank Containers)Regulations 1992; or

d) The Approved List of Dangerous Substances aspublished by the Health and Safety Executive;or

e) any re-enactment or replacement of suchregulations and any other legislation of similarintent (including subsequent legislation) ifapplicable.

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9. Insured/You/Your/Yoursthe party shown as the Policyholder or Insured inany Certificate of Motor Insurance or Scheduleapplying to this Policy.

10. Insured Vehicleany motor vehicle and any attached trailer, owned,hired or leased by the Insured as shown on thecurrent vehicle Schedule.

11. Insurer/We/Us/OurTFP Schemes acting in an underwriting capacityon behalf of Covea Insurance plc.

Covea Insurance plc. Registered in England and Wales no. 613259. Registered Office: Norman Place, Reading RG18DA. Authorised by the Prudential RegulationAuthority and regulated by the Financial ConductAuthority and Prudential Regulation Authority.

12. International Motor Certificate (Green Card)a document which is accepted by the authoritiesof all countries for which the individual Green Cardis valid as evidence that the visiting motorist has atleast the minimum compulsory third partyinsurance cover required by the law of thosecountries visited.

13. Item of Plant/Special Typesany self-powered vehicle constructed to operateprimarily as a tool of trade and not designedprimarily for the carriage of goods or passengers.

14. Market Valuethe replacement value of the Insured Vehicle at thetime of loss or damage compared with one of thesame make, model and condition. This value will beassessed by an automotive engineer in conjunctionwith the published trade guides at the time of loss.The Insurer may also consider private marketresearch in arriving at the market value of theInsured Vehicle.

15. Period of Insurancethe period stated in the Schedule.

16. Policythis document together with any Certificate of MotorInsurance, the Schedule and any Endorsementswhich detail the insurance provided to the Insured.

17. Premiumthe amount stated in the Schedule.

18. Private Carany private passenger carrying motor vehicledesigned to carry up to eight passengers.

19. Proposalthe broker’s presentation submitted to the Insurer

to obtain a motor fleet quotation together withany other information and documents suppliedprior to inception date to the Insurer by or onbehalf of the Insured.

20. Road Traffic Actsany current Act, Law or Regulation which governsthe driving, use or ownership of any motor vehiclein Great Britain, Northern Ireland, the Isle of Man,the island of Guernsey, the island of Jersey and theisland of Alderney.

21. Schedulethe document titled “Schedule” which containsdetails of the Insured, the Premium paid or to bepaid by the Insured and the cover applicable. It willalso show any variations in the terms of this Policyand it may be replaced by an amended Schedulewhen there is a change in any detail of this Policy.

22. Territorial Limits:a) Great Britain, Northern Ireland, the Isle of Man,

the island of Guernsey, the island of Jersey andthe island of Alderney;

b) any other member country of the EuropeanUnion;

c) any other country in respect of which theCommission of the European Union is satisfiedthat arrangements have been made to meet therequirements of any E.U. Directive on insuranceof civil liabilities arising from the use of motorvehicles, but only so far as is necessary tocomply with the compulsory motor vehiclelegislation of such countries;

d) at the Insured’s request, any other country inrespect of which the Insurer agrees to providecover but only for the period agreed by theInsurer and provided an International MotorCertificate (Green Card) is issued by the Insurer.

23. Terrorismacts of person acting on behalf of or in connectionwith any organisation which carries out activitiesdirected towards the overthrowing or influencing,by force or violence, of Her Majesty’s governmentin the United Kingdom or any other governmentde jure or de facto.

24. Trailer(s)any mobile implement which is specificallydesigned to be towed by a motor vehicle. Subjectto prior agreement with the Insurer semi-Trailersforming part of articulated vehicles or drawbarTrailers are not deemed to be Trailers and formpart of an Insured Vehicle.


B. Policy Cover

The Sections of this Policy that are operative for eachtype of cover as stated in the Schedule are detailedbelow:

ComprehensiveSection A, C, D and E

Third Party Fire and TheftSection A, D, E, C. 2 and C. 1 in respect of loss ordamage as a result of fire, lightning, explosion, theft orattempted theft.

Third Party OnlySection A, C. 2, D and E.

C.1 – Loss of or Damage to The Insured Vehicle

1. Section CoverIf the Insured Vehicle and/or its Accessories are:a) damaged

b) lost or damaged as a result of fire, lightning,explosion, theft or attempted theft the Insurerwill at its discretion repair or replace theInsured Vehicle or make a cash settlement notexceeding the Market Value of the InsuredVehicle and its Accessories at the time of theloss or damage or the purchase price of theInsured Vehicle and its Accessories whichever isthe less.

2. Section Extensionsa) Replacement Vehicle

If within 12 months of first registration as newany Private Car which is purchased new or onhire purchase in Great Britain, Northern Ireland,the Isle of Man, the island of Guernsey, theisland of Jersey or the island of Alderney andnot on contract hire, temporary hire or on leaseis stolen and not recovered or sustains loss ordamage (arising from a single incident) inrespect of which the cost of repair,reinstatement or replacement exceeds 60% ofthe value of the Insured Vehicle (based on themanufacturer’s list price when new) the Insurerwill at its discretion:i) pay to the Insured the sum equivalent to the

cost of a new Private Car of the same makeor model (in the event of such model beingdiscontinued at the time of the accident orloss the Insurer will pay the Insured a sumbased on the manufacturer’s list price whennew or at the time of the discontinuance); or

ii) subject to availability replace the Private Carwith a new vehicle of the same make andmodel.

In such an event the Insurer will take possession ofand be entitled to ownership of the damaged orrecovered vehicle.

b) Lost or Stolen KeysIn the event of the Insured Vehicle’s ignition key(or lock transmitter) being lost or stolen theInsurer will indemnify the Insured in respect ofthe cost of replacing the:i) door locks and/or boot lock;ii) ignition/steering lock;iii) lock transmitter and central locking

interface.

The Insurer will also pay for the cost of re-coding or if necessary replacing alarms andother security devices used in connection withthe Insured Vehicle.

The maximum payable under this extensionshall be limited to £1,000.00.

c) Windscreen and Breakage of GlassIn the event of a window or a windscreen beingbroken from any cause and shattered glass orresultant scratching of bodywork is the onlydamage sustained by the Insured Vehicle, theInsurer will indemnify the Insured for the repairor replacement of such window, windscreen orglass.

The Insurer shall not be liable for the first£75.00 of any claim for windscreenreplacement.

The indemnity provided by this extension is notapplicable in respect of any Commercial Vehiclewith a gross vehicle weight exceeding 3.5 tons.

d) Payment to Owner of the Insured VehicleIf to the knowledge of the Insurer the InsuredVehicle is the subject of a financial agreementor owned by a person other than the Insured,any payment in connection with a total loss orpayment in lieu of repairs shall be made to theowner, receipt of which shall fully and finallydischarge the Insurer of all liability in respect ofsuch loss or repairs.

e) TrailersAt the request of the Insured and subject to theInsurer’s prior agreement the Insurer willindemnify the Insured in the terms of thisSection in respect of:i) semi-Trailers forming part of an articulated

Insured Vehicle; orii) draw bar Trailers whilst attached to the

Insured Vehicle.

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The Insurer shall not be liable:i) whilst the Insured Vehicle is towing a greater

number of Trailers than is permitted by law;or

ii) in respect of loss or damage to any propertybeing conveyed thereon.

f) Customs DutyThe Insurer will indemnify the Insured in respectof liability for the enforced payment of customsduty which may be payable as a result of anincident which is covered by this Section.

g) Transit and Related CostsThe Insurer will indemnify the Insured in respectof:i) accidents occurring during the course of

transit by a recognised sea or rail routebetween any country referred to in theTerritorial Limits (including the process ofloading or unloading);

ii) general average contribution and sue andlabour charges incurred due to thetransportation of the Insured Vehicle by sea.The contribution relates to the currentMarket Value or the purchase price of theInsured Vehicle whichever is the least.

h) Unobtainable Parts and AccessoriesIf the Insurer cannot obtain a replacement partor Accessory the maximum payable will be themanufacturer’s last published list price of suchpart or Accessory.i) Repairs to the Insured Vehicle

The Insured may authorise the repair of theInsured Vehicle provided that the Insurer isaware of the extent of the damage and isnotified immediately. The Insured may, upontheir own authority, arrange for the removalof the Insured Vehicle to the nearestcompetent repairer. The Insurer will pay thereasonable costs of:i) safeguarding and removing the Insured

Vehicle to the nearest competentrepairer; and

ii) returning it, if repairable, to the Insured’saddress in Great Britain, Northern Ireland,the Isle of Man, the island of Guernsey, theisland of Jersey or the island of Alderney;

Before the Insurer authorises the repairs theInsured must:i) notify the Insurer and provide details of

the damage and the circumstances inwhich it arose

ii) send two detailed estimates for repair tothe Insurer.

The Insurer’s 24 Hour Motor Claims Carelineservice is available to the Insured. Motor

Claims Careline contact number is: 0330 0241937.

j) MisfuellingWhere cover for the Insured Vehicle isComprehensive as shown in the Schedule, Wewill pay for:i) the draining and cleansing of the fuel tank

of the Insured Vehicle if the wrong grade ortype of fuel is put into it

ii) rectifying any subsequent damagedinadvertently caused to the Insured Vehicle.

We will not pay for:i) any damage caused by the driving of the

Insured Vehicle by anyone havingknowledge that it had been incorrectlyfuelled

ii) the cost of the incorrect fuel.

The maximum We will pay in any one Period ofInsurance will be £5,000.

3. Section ExclusionsThe Insurer shall not be liable:

a) for the Excess shown below for loss of ordamage to the Insured Vehicle whilst beingdriven by or for the purpose of being driven isin the charge of any person who:i) is under 21 years of age £300.00ii) holds a provisional licence or has held a full

E.U. licence for less than 12 months £150.00These are in addition to any other ExcessYou may have to pay.

b) in respect of loss of use and/or depreciation;

c) for wear and tear, deterioration, mechanical,electrical, electronic or computer breakdownsor failures;

d) for damage to tyres by application of brakes orby punctures, cuts or bursts;

e) for any reduction of the Market Value of theInsured Vehicle as a result of repairs;

f) for any loss or destruction or damage directlyoccasioned by pressure waves caused byaircraft and other aerial devices travelling atsonic or supersonic speeds;

g) for any fixtures and fittings of a motorisedcaravan unless such fixtures and fittings weresupplied by the manufacturers when new;

h) in respect of loss of the Insured Vehicle bydeception by a purported purchaser or theiragent or loss of proceeds of sale;i) in respect of any loss or damage arising


from the theft or attempted theft unless theignition key has been removed from theInsured Vehicle, and all doors, windows andother openings have been closed andlocked.

j) in respect of any loss or damage arising fromthe theft or attempted theft unless allreasonable care has been taken to safe guardthe Insured Vehicle keys.

C.2 - Liability to Third Parties

1. Section Covera) Indemnity to the Insured

The Insurer will indemnify the Insured againstliability at law for damages and claimants’ costsand expenses in respect of death of or bodilyinjury to any person and damage to propertycaused by or through or in connection with theInsured Vehicle including the loading orunloading of any Commercial Vehicle coveredby this Policy.

b) Indemnity to Other PersonsWhere the Certificate of Motor Insurancepermits, the Insurer will also indemnify underthe terms of this Section the following persons:i) any person driving the Insured Vehicle with

the permission of or on the order of theInsured;

ii) any person using the Insured Vehicle withthe permission of the Insured;

iii) any person driving or using a Private Car notbelonging to the Insured or the said personhired to the Insured or the said person undera hire purchase or leasing agreement;

iv) any passenger in the Insured Vehicle ormounting into or alighting from the InsuredVehicle who is not driving or in charge forthe purpose of driving;

v) in the event of the death of any personentitled to indemnity under this Section,their personal representatives in the termsof this Policy and subject to the exclusions,conditions and limitations which applied tosuch person.

Any persons indemnified shall as though theywere the Insured observe, fulfil and be subjectto the terms, exclusions, conditions andlimitations of this Policy insofar as they canapply and shall in no respect be in a betterposition than the Insured.

c) Legal DefenceIn dealing with or defending any claim underthis Section the Insurer may at their optionarrange and pay for:

i) Solicitors’ fees for representation at anyCoroner’s Inquest or Inquiry or defence ofproceedings at any Court of SummaryJurisdiction;

ii) legal services to defend any person in theevent of proceedings being undertaken formanslaughter or causing death by recklessor dangerous driving;

iii) legal services to defend the Insured in theevent of proceedings being undertakenagainst it under the Corporate Manslaughterand Corporate Homicide Act 2007

iv) any other legal costs and expenses agreedby the Insurer in writing.

The Insurer will only pay legal costs if theyrelate to an incident which is covered by thisSection.

d) Unauthorised MovementThe Insurer will indemnify the Insured in theterms of this Section in respect of liabilityarising out of an accident caused by or inconnection with the moving aside (without theauthority of the owner) of any motor vehicleparked in such a position as to obstruct thelegitimate passage or the loading unloading ofthe Insured Vehicle.

The Insurer shall not be liable in respect of lossof or damage to any vehicle being movedwhere such loss or damage is sustained duringthe process of moving the said vehicle asdefined above.

e) Joint InsuredIf the title of the Insured comprises more thanone party, the Insurer will indemnify each partyas though they were the holders of a separateinsurance. However, nothing in this clause shalloperate so as to increase the overall limit ofindemnity provided under this Policy.

f) Principal’s IndemnityNotwithstanding Policy Exclusion D.1 butsubject otherwise to the terms, limitations,exceptions and conditions of this Policy theInsurer will indemnify the Insured in the termsof this Section in respect of liability assumed bythe Insured under an agreement with anyperson (hereinafter called “the Principal”) forthe execution of work or the provision ofservices or in connection with access to anypremises or road in the ownership oroccupation of the Principal.

PROVIDED ALWAYS that the Insured shall havearranged with the Principal for the conduct orcontrol of all claims for which the Insurer maybe liable by virtue of this Section to be vestedin the Insurer.

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The Insurer shall not be liable in respect of:i) liability which attaches to the Principal by

virtue of an agreement which would nothave attached in the absence of suchagreement;

ii) bodily injury to the Principal for any amountfor which the Insured would not be liable inthe absence of an agreement;

iii) damage to property belonging to or held intrust by or in the custody or control of thePrincipal for any sum in excess of theamount required to indemnify the Principal;

iv) liability which arises other than by reason ofthe negligence of the Insured or anemployee of the Insured.

g) Damage to Third Party PropertyThe Insurer will indemnify the Insured for anyamount up to but not exceeding:i) £20,000,000.00 in respect of any Private

Car and up £5,000,000 for related costs andexpenses incurred with the Insurer’s priorwritten consent resulting from a claim orseries of claims arising from one event

ii) £5,000,000.00 in respect of anyCommercial Vehicle with a gross vehicleweight up to 7.5 tons or any Item ofPlant/Special Type including claimants costsand expenses and any other costs andexpenses incurred with the Insurer’s priorwritten consent resulting from a claim orseries of claims arising from one event. fordamage to property in respect of any oneclaim or number of claims arising out of onecause in connection with the Insured Vehicle.

h) Contingent LiabilityThe Insurer will indemnify the Insured under theterms of this Section when liability at law arisesout of an accident caused by or in connectionwith any motor vehicle not the property of orprovided by the Insured whilst it is being usedon the Insured’s behalf. The Insurer’s maximumliability under this clause shall be limited to£5,000,000.00.

PROVIDED ALWAYS that the Insured shall take allreasonable steps to ensure that there is in force inrespect of such vehicle an insurance Policy validfor such use.i) Towing

The Insurer will indemnify the Insured in theterms of this Section in respect of liabilityarising in connection with any Trailer, Trailer-caravan or any disabled mechanically-propelledvehicle whilst attached to the Insured Vehicle.

The Insurer shall not be liable whilst the InsuredVehicle is towing a greater number of Trailersthan is permitted by law.

j) Emergency TreatmentThe Insurer will indemnify any person driving orusing the Insured Vehicle for liability under theRoad Traffic Acts for emergency treatment feesarising out of an accident in connection withthe Insured Vehicle.

2. Section ExclusionsThe Insurer shall not be liable:a) in respect of the death of or bodily injury to any

person arising out of and in the course of suchperson’s employment by the Insured or by anyother person claiming to be indemnified underthis Section other than to meet therequirements of the Road Traffic Acts;

b) for damage or injury to any property or animalsbelonging to or held in trust by or in thecustody or control of the Insured or any personclaiming to be indemnified under this Section;

c) to indemnify any person referred to in clauses1a) and 1b) in respect of any claim for whichthey are entitled to indemnity under any otherinsurance;

d) for any accident, injury, loss, and/or damagearising from the use of any Item of Plant/SpecialType or plant forming part of the InsuredVehicle whilst Item of Plant/Special Type isbeing used as a tool of trade other than to meetthe requirements of the Road Traffic Acts;

e) for loss or damage by pollution orcontamination however caused other than tomeet the requirements of the Road Traffic Acts.For the purposes of this exclusion, pollution orcontamination shall be deemed to mean all:i) pollution or contamination of buildings or

other structures or of water or land or theatmosphere;

andii) death, bodily injury, illness, loss or damage

directly or indirectly caused by suchpollution or contamination;

f) for any accident, injury, loss, damage or anyliability of whatsoever nature other than to meetthe requirements of the Road Traffic Actsdirectly or indirectly caused by or contributed toby or arising from the Insured Vehicle whilst in oron that part of any aerodrome, airfield, airstrip,airport or military installation provided for:i) the take-off or landing of aircraft and aerial

devices or for the movement of aircraft anddevices on the ground;

ii) aircraft parking including any associatedservice roads, refuelling areas, groundequipment, parking areas, aprons,maintenance areas and hangers;


g) other than to meet the requirements of theRoad Traffic Acts, in respect of death, injury ordamage caused or arising:i) beyond the limits of any carriageway or

thoroughfare in connection with the loadingor unloading of the Insured Vehicle;

ii) in connection with the loading or unloadingof the Insured Vehicle by any person otherthan the driver or the attendant of theInsured Vehicle;

h) for any claim arising during or in consequenceof an act of Terrorism other than to meet therequirements of the Road Traffic Acts.

C.3 - Medical Expenses

The Insurer will refund expenses for medical treatmentto any occupant of the Insured Vehicle as the result ofpersonal injuries by violent, accidental, external andvisible means sustained in direct connection with theInsured Vehicle not exceeding £250 each injured person.

C.4 - Personal Effects

The Insurer will indemnify the Insured for loss ordamage to personal property in the Insured Vehiclecaused by a motor accident, fire, theft or attemptedtheft up to a total value of £250.

The following Exclusions apply to this Section inaddition to the Policy Exclusions.

The Insurer will not be liable for:

1. Theft of personal belongings unless these arehidden in a locked glove box or luggagecompartment and the Insured Vehicle is lockedwhen unattended

2. Money, stamps, tickets, documents or securities

3. Goods or samples carried in connection withany trade

4. Tools of trade, ropes or tarpaulins

5. Theft of personal belongings unless all doorsand windows or other openings on the InsuredVehicle are locked and it is broken in by force.

C.5 – Unauthorised Use

The Insurer will indemnify the Insured whilst theInsured Vehicle is being driven by any person withoutthe knowledge or consent of the Insured for anypurpose not permitted under this Policy.

PROVIDED ALWAYS that the Insured shall take allreasonable precautions to ensure that all persons whomay drive the Insured Vehicle are made aware of thelimitations as to use as defined in this Policy.

D. Policy Exclusions

This Policy does not cover:

1. Contractual Liabilityany liability accepted by agreement which wouldnot have attached in the absence of suchagreement.

2. Radioactive Contamination loss or destruction of or any damage to anyproperty whatsoever or any loss or expensewhatsoever resulting or arising therefrom or anconsequential loss or any legal liability ofwhatsoever nature directly or indirectly caused byor contributed to by or arising from:a) ionising radiations or contamination by

radioactivity from any irradiated nuclear fuel orfrom any nuclear waste from the combustion ofnuclear fuel;

b) the radioactive toxic explosive or otherhazardous properties of any explosive nuclearassembly or nuclear component thereof.

3. Riot and Civil Commotionany claim arising during or in consequence of riotand/or civil commotion occurring anywhere otherthan in Great Britain, the Isle of Man, the island ofGuernsey, the island of Jersey or the island ofAlderney. This exclusion will not apply if theInsured can prove that the claim was not causedby such events.

4. Use and Drivingany liability loss or damage incurred whilst anyInsured Vehicle is:a) being used for any purpose not permitted by

the Certificate of Motor Insurance or anyEndorsement attaching to and forming part ofthis Policy;

b) being driven by any person not permitted bythe Certificate of Motor Insurance or anyEndorsement attaching to and forming part ofthis Policy;

c) being driven by or for the purpose of beingdriven is in the charge of any person who hasnever held a driving licence or who isdisqualified from holding or obtaining such alicence.

d) driven with the Insured’s consent by any person

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who to the Insured’s knowledge does not hold alicence to drive such a vehicle, unless suchperson has held, and is not disqualified fromholding or obtaining such a licence or in anycircumstances where a licence is not requiredby law

e) used for racing, pace-making speed-testing,rallying, reliability trials, competition or whilstdriven on a motor sport circuit

f) driven in an unsafe unroadworthy condition ordoes not have a valid MOT certificate whenneeded

g) driven with a load or number of passengerswhich is unsafe

h) used whilst carrying an insecure loadi) used to tow more Trailers than the law

allows

j) let out on hire.

The exclusion does not apply to the indemnitygiven to the Insured (and to no other person)whilst the Insured Vehicle is being used withoutthe Insured’s authority or by a motor trader formaintenance, service or repair.

5. Warany claim occasioned by or arising from war,invasion, hostilities (whether war be declared ornot), acts of foreign enemy, civil war, revolution,rebellion, insurrection, military or usurped power orconfiscation or requisition or destruction of ordamage to property by order of any Governmentor Public Authority, except so far as is necessary tomeet the requirements of the Road Traffic Acts.

6. Hazardous Goodsany loss damage accident or liability resulting orarising from or directly or indirectly caused by orcontributed to or arising from:a) any Hazardous Goods or substances any loss

damage accident or liability resulting or arisingfrom or directly or indirectly caused by orcontributed to:

b) explosion sparks or ashes from the InsuredVehicle or from any Trailer or machineryattached to or detached from it.

E. Policy Conditions

1. Fair Presentation of RiskYou must make a fair presentation of the risk whenYou first take out this Policy and also wheneverYou renew it or ask Us to change Your cover.

If You fail to make a fair presentation of the riskincluding failing to disclose or misrepresenting amaterial fact, or disclosing material facts to Us in away which is not clear and accessible We mayavoid the Policy and refuse to pay all claims where:a) such failure was deliberate or reckless; or

b) We would not have entered into this Policy onany terms had You made a fair presentation ofthe risk

Should We avoid this Policy We:a) shall treat the Policy as if it had not existed

from the start date, the renewal date, or thedate when You asked Us to change Your cover,depending on when the failure to make a fairpresentation of the risk occurred

b) shall return the Premium paid for the period forwhich the Policy is treated as not having existedunless the failure to make a fair presentation ofthe risk was deliberate or reckless

c) may deduct from any return of Premium due toYou any monies already paid in respect ofclaims falling within the period for which thePolicy is treated as not having existed or requireYou to repay such claims.

Provided that any failure to make a fairpresentation of the risk is not deliberate orreckless, if We would have entered into or renewedthis Policy, or agreed to make changes to Yourcover on different terms had You made a fairpresentation of the risk, We may:a) proportionately reduce the amount payable in

respect of a claim; and/or

b) treat the Policy as if it contained such differentterms (other than relating to the Premium) thatWe would have applied to the Policy had Youmade a fair presentation of the risk.

Any reduction in claims payments or application ofdifferent terms will take effect from the date onwhich the Policy started, was renewed or whenchanges were made to Your cover, depending onwhen You failed to make a fair presentation of therisk.

Where We choose to proportionately reduce theamount payable in respect of a claim, We will pay apercentage of the claim, the percentage being


calculated by comparing the Premium which Youactually paid with the Premium which We wouldhave charged had You made a fair presentation ofthe risk. For example, if the Premium which Youactually paid is 75% of the Premium We wouldhave charged, We will only pay 75% of any claim.

Where this Policy provides benefits to individualswho would, if they had taken out similar insurance intheir own name, have done so for purposes whollyor mainly unconnected with their trade, business orprofession, We will not rely on this condition if thefailure to make a fair presentation of the riskconcerns only facts or information which relate tothat particular individual, unless the individual (orYou on their behalf) makes a carelessmisrepresentation, in which case We may rely onthis condition as against that particular individual asif a separate insurance contract had been issued tothem leaving the remainder of the Policy unaffected.

2. Change in FactsDuring the Period of Insurance You or Yourinsurance broker must tell Us immediately if thereis any alteration in risk or to the facts which Youdisclosed when You took out this Policy, whichmaterially affects the risk of Injury, loss, Damage orliability which would fall within the Policy cover.This includes but is not limited to alterations to theBusiness or the Premises.

When You tell Us about an alteration in risk, Wemay apply additional terms and conditions to thisPolicy (including but not limited to Premium) or, ifthe risk is unacceptable to Us, We may cancel thePolicy in accordance with General Condition 7(Insurers’ Right of Cancellation).

If You or Your insurance broker fails to tell Us aboutan alteration in risk, We may:a) terminate the Policy as from the date when the

alteration occurred, if We would have cancelledthe Policy had You told Us of the alteration inrisk;

b) proportionately reduce the amount payable inrespect of a claim; and/or

c) treat the Policy as if it contained such differentterms (other than relating to the Premium) thatWe would have applied to the Policy had Youtold Us of the alteration in risk.

Any reduction in claims payments or application ofdifferent terms will take effect from the date onwhich the alteration in risk occurred.

Where We choose to proportionately reduce theamount payable in respect of a claim, We will pay apercentage of the claim, the percentage being

calculated by comparing the Premium which Youactually paid with the Premium which We wouldhave charged had You told Us about the alterationin risk. For example, if the Premium which Youactually paid is 75% of the Premium We wouldhave charged, We will only pay 75% of any claim.

3. Alteration of RiskThis Policy will be voided if after the inception ofthe Period of Insurance there is any alterationwhere Your:a) interest ceases except by will or operation of

law; or

b) Business is wound up or carried on by aliquidator or receiver, or put into administrationor otherwise permanently discontinued; orunless such alteration has been accepted by theInsurers in writing.

4. FraudIf any claim made under this Policy by You oranyone acting on Your behalf is fraudulent orintentionally exaggerated or if any false declarationor statement is made in support of such a claim:a) We will not be liable to pay the fraudulent claim

in any part of or the total b) We will be entitledto refuse all claims arising after the fraudulentaction

c) Our liability will continue for legitimate claimsarising before the fraudulent action

d) We will cancel the Policy from the date of thefraudulent action even if the Policy had expiredbefore the discovery of the fraud

5. Contracts (Rights of Third Parties) Act 1999This Policy is a contract solely with the Insured andis not assignable in any case whatsoever. A personwho is not party to this Policy has no rights underthe Contracts (Rights of Third Parties) Act 1999 toenforce any term of this Policy but this does notaffect any right or remedy of a third party whichexists or is available apart from that Act.

6. Conditions Precedent to LiabilityIt shall be a condition precedent to any liability ofthe Insurer under this Policy that:a) the Insured shall observe and fulfil the terms,

exclusions, conditions and Endorsements of thisPolicy insofar as they relate to anything to bedone or complied with by the Insured ;

b) all Insured Vehicle will be kept in a roadworthycondition;

c) no Insured Vehicle will be driven by any personwho has been refused any motor vehicleinsurance or its continuance thereof;

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d) no Insured Vehicles will be used for purposesother than those permitted in the Certificate ofMotor Insurance.

7. Cancellationa) You may cancel this policy at any time after the

date We have received the premium, byproviding 7 days notice in writing to Us.

b) If there is a default under your creditagreement, arranged through your broker orTFP Schemes, which finances this policy, we, orany agent appointed by us and acting with ourspecific authority may cancel this policy byproviding notice in writing to you in accordancewith the default termination provisions set outin your credit agreement, arranged throughyour broker or TFP Schemes.

If your policy is cancelled under (a) or (b) aboveand provided that there have been no:(i) claim(s) made under the policy for which we

have made a payment(ii) claim(s) made under the policy which are still

under consideration(iii) incident(s) which you are aware of and are

likely to give rise to a claim which has alreadybeen or is yet to be reported to us during thecurrent period of insurance we may, at ourdiscretion, refund to you a proportionate partof the premium paid for the unexpired period

c) Where there is no credit agreement, arrangedthrough your broker or TFP Schemes, to financethis policy, we will cancel this policy from theinception date if the premium has not beenpaid and no return premium will be allowed.Such cancellation will be confirmed in writingby us to your last known address.

d) We may also cancel this policy at any time bysending not less than 7 days notice in writing toYour last known address.

We will refund a proportionate part of thepremium for the unexpired period provided thatthere have been no(i) claim(s) made under the policy for which

We have made a payment,(ii) claim(s) made under the policy which are

still under consideration,(iii) incident(s) which You are aware of and are

likely to give rise to a claim which hasalready been or is yet to be reported to Usduring the current Period of Insurance.

8. Claims ProceduresWhen an accident, loss or damage occurs:a) the Insured or the Insured’s legal representative

must notify the Insurer as soon as possible with

full details of the accident, loss or damage.

b) the Insured must take all necessary steps toensure the safety of the damaged InsuredVehicle and its Accessories.

c) the Insurer shall not be liable for any increase indamage as a result of the Insured Vehicle beingremoved under its own power following anaccident.

d) any letter, claim, writ, claim form, summons orprocess relating to the accident, loss or damagemust be sent, unanswered, to the Insurerimmediately.

e) the Insurer must be advised in writingimmediately the Insured is aware of anyintended prosecution,

Coroner’s Inquest or Fatal Inquiry in connectionwith the accident.

f) persons who are claiming under this Policy mustmake no admission, offer, payment or promisewithout the Insurer’s written consent or act in anyway which might prejudice the Insurer’s position.

g) the Insurer’s may, at their discretion, take overand conduct in the Insured’s name or the nameof any person indemnified under this Policy, thedefence, prosecution or settlement of any claimfor the Insurer’s benefit.

h) the Insurer shall have full discretion over theconduct of any proceedings and settlement ofclaims. i) the Insured or any person indemnified by

this Policy must give the Insurer all theassistance and information possible andproduce a copy of the driver’s licence ifrequested.

j) if the Insured Vehicle and its Accessories arestolen or taken without the Insured’s consentthe Insured must, as soon as possible, reportthe same to the police and if required, supplythe Insurer with the crime reference number.

k) the Insurer reserves the right if it or itsrepresentative consider any repair estimate tobe unreasonable to enter into anycommunication with the repairer and failingagreement to arrange for the removal of theInsured Vehicle to another repairer and pay forsuch work as may already have been done.

9. English LawThis Policy is subject to English law and to theexclusive jurisdiction of the English Courts, unless


the Insurer has agreed otherwise with the Insured.

10. Motor Insurance DatabaseThe Insured shall supply details of all vehicleswhose use is covered by this Policy as is requiredby the relevant law applicable in Great Britain,Northern Ireland, the Isle of Man, the island ofGuernsey, the island of Jersey and the island ofAlderney for entry on the Motor InsuranceDatabase. Failure to do so may result in the Insuredbeing reported to the Motor Insurer’s InformationCentre for non-compliance with the Motor Vehicles(Compulsory Insurance) (Information Centre andCompensation Body) Regulations 2003.

11. Other InsuranceThis Policy does not cover any liability, loss ordamage if at the time of the happening of the saidliability, loss or damage there is another insurancein force covering the same liability, loss or damagewhether effected by the Insured or not.

12. Reasonable PrecautionsThe Insurer shall not be liable if the Insured fails totake all reasonable precautions to safeguard theInsured Vehicle from loss or damage and maintainit in a substantial and thoroughly sound, safe andefficient condition. The Insurer, or its authorisedrepresentative, shall have at all times free access toexamine the Insured Vehicle

13. Right of RecoveryNothing in this Policy shall affect the right of theInsurer to maintain an action for recovery of sumspaid under the provisions of any enactment of anyterritory in which this Policy operates relating tothe insurance of liabilities to third parties andwhich the Insurer would not have been liable topay but for the provisions of such enactment.

F. Additional Information

1. Claims and Underwriting Exchange RegisterThe Insurer will pass information to the Claims andUnderwriting Exchange Register run by theInsurance Database Services Limited, and theMotor Insurance Anti-Fraud and Theft Register runby the Association of British Insurers. The aim is tohelp the Insurer check information provided, andalso to prevent fraudulent claims. When the Insurerdeals with the Insured’s request for insurance itmay search these registers. Under the conditionsof this Policy, the Insured must tell the Insurerabout any incident (such as an accident or theft)whether or not it gives rise to a claim. When theInsured tells the Insurer about an incident, theInsurer will pass information relating to it to theregisters.

2. Motor Insurance DatabaseInformation relating to this Policy will be added tothe Motor Insurance Database (“MID”) managed bythe Motor Insurers’ Bureau (“MIB”). MID and thedata stored on it may be used by certain statutoryand/or authorised bodies including the Police, theDVLA, the DVANI, the Insurance Fraud Bureau andother bodies permitted by law for purposes notlimited to but including:a) Electronic Licensing

b) Continuous Insurance Enforcement

c) Law enforcement (prevention, detection,apprehension and/or prosecution of offenders)

The provision of government services and or otherservices aimed at reducing the level and incidenceof uninsured driving.

If the Insured is involved in a road traffic accident(either in the UK, the EEA or certain otherterritories), Insurers and/or the MIB may search theMID to obtain relevant information.

Persons (including his or her appointedrepresentatives) pursuing a claim in respect of aroad traffic accident (including citizens of othercountries) may also obtain relevant informationwhich is held on the MID.

It is vital that the MID holds the Insured’s correctregistration number. If it is incorrectly shown onthe MID the Insured is at risk of having the InsuredVehicle seized by the Police. The Insured can checkthat the correct registration number details areshown on the MID at www.askmid.com

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G. Complaints Procedure

If You have any questions or concerns about Your Policy or the handling of a claim You should, in the first instance,contact the Insurance Broker who arranged this insurance. In the event that You remain dissatisfied and wish tomake a complaint, You can do so at any time by referring the matter to TFP Schemes at the address shown below.Please ensure that You provide details of Your Insurance Policy and in particular Your Insurance Policy number tohelp Us deal with Your complaint efficiently and promptly.

Sharon MorseTfp Schemes Ltd40 Cathedral RoadCardiffCF11 9LL

T: 029 20301030E: [email protected]

If You remain dissatisfied following receipt of the final response You may have the right to refer Your complaint tothe Financial Ombudsman Service. The address is:

The Financial Ombudsman ServiceExchange Tower1 Harbour Exchange Square LondonE14 9SRT: 0800 023 4567W: www.financial-ombudsman.org.uk

Please note that not all Businesses are eligible for the services of the Financial Ombudsman Service please refer tothem for specific information. The Insurer and TFP Schemes are covered by the Financial Services CompensationScheme (FSCS). This means that You may be entitled to receive compensation if We or the Insurer cannot meetOur financial obligations. Further information about compensation schemes arrangements is available from theFSCS:

Financial Services Compensation Scheme (FSCS)10th FloorBeaufort House15 St Botolph StreetLondon,EC3A 7QUT: 0207 741 4100 or 0800 678 1100W: www.fscs.org.uk

If You take any of the actions mentioned above it will not affect Your right to take legal action.


029 20 30 10 30 • www.tfpschemes.co.ukTFP Schemes, 40, Cathedral Road, Cardiff CF11 9LL

TFP Schemes is a trading style of Q Underwriting Services Limited and is registered in England And Wales. Company Registration Number is 08946569

Registered Office: Rossington's Business Park, West Carr Road, Retford, Nottinghamshire, DN22 7SWQ Underwriting Services Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number is 657367

TFP/BMF-POL/10.18


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