DEFINITIONS

You will find the following words or phrases in this policy and wherever they appear will have the meaning described below:

Accident A sudden, unplanned and unforeseen mishap not under your control or that of the authorized driver.

Certificate of Insurance The document in prescribed form and is to be displayed on the vehicle as required by law as evidence that you have taken out the insurance and displayed as required by law.

Claim Demand by you for indemnity or benefit under the Policy.

Excess The first amount of each claim borne by you. Indemnity Restoring you to the financial position you were in immediately before the accident.

Legal Liability Financial responsibilities attaching to you because of your failure to observe an obligation imposed by law.

Market Value The cost of replacing your vehicle with one of similar type and condition.

Members of your Household Persons you normally live within your residence.

Period of Insurance The period shown in the schedule and any subsequent period for which you will pay and we accept a renewal premium.

Policy Year The period between inception or renewal and the expiry date of an annual Policy.

Policy Written evidence of the contract between you and us. Pre-Accident Value The Market Value of your vehicle immediately before the accident.

Schedule Summary of details specific to this contract. Territorial Limits Geographical limits within which the insured event or loss must occur.

Third Party Any person other than you or your authorized driver who has been injured or whose property has been damaged.

Vehicle The vehicle or vehicles described in the schedule of this policy and any vehicle:

• For which the insurance is still in place.

• We have provided a certificate of insurance for; and

• You have given us details of. Company Old Mutual General Insurance Kenya Limited Your Business , Your occupation as described in the schedule In return for your premium, we will provide the cover shown in the Schedule for accidental loss, damage or injury that happens within the territorial limits during the Period of Insurance subject to the terms, exceptions and conditions contained herein or endorsed hereon (hereinafter collectively referred to as the terms of this policy), the company will indemnify the insured as hereinafter provided.

Important: This policy should be examined carefully on receipt and if any error Is found the company should be immediately notified within 30 days.

Whereas:

1. The Insurance provided is “Comprehensive” all Sections of this Policy are operative.

2. The Insurance provided is “Third Party Fire and Theft” Section I operates only in respect of loss or damage caused directly by fire, self-ignition, lightning, explosion, theft or attempted theft. 3. Where the Insurance provided is “Third Party Only” Section I and III of this Policy is cancelled.

SECTION 1 - INSURANCE ON THE MOTOR VEHICLE

1. Loss or Damage The Company will indemnify the Insured against loss of or accidental damage to the Motor vehicle and its accessories and spare parts whilst thereon. a. By accidental collision or overturning b. By fire, external explosion, self-ignition or lightning or burglary, house breaking or theft. c. By malicious act d. Whilst in transit (including the processes of loading and unloading incidental to such transit) by inland waterways, lift or elevator. e. By flood, typhoon, hurricane, volcanic eruption, earthquake or other convulsion of nature. At its own option the Company may pay in cash the amount of the loss or damage or may repair, reinstate or replace the Motor Vehicle or any part thereof or its accessories or spare parts. The liability of the Company shall not exceed the value of the parts lost or damaged and the reasonable cost of fitting such parts it being understood that the Company’s liability shall be limited to the reasonable market value of the Motor Vehicle accessories or spare parts at the time of the loss or damage but not exceeding the Insured’s estimate of value stated in the Schedule.

2. Loan Agreement/Hire Purchase Agreement It is hereby understood and agreed that the financier named under this policy is interested in the Motor Vehicle and the Motor Vehicle is the subject of a loan hire purchase agreement made between the financier on one part and the Insured on the other part and it is further understood and agreed that the said financier is interested in any monies which but for this endorsement would be payable to the Insured under this policy in respect of loss of or damage to the Motor Vehicle (which loss or damage is not made good by repair reinstatement or replacement) and such monies shall be paid to the said financier as long as he is interested in the Motor Vehicle and receipt of the said shall be a full and final discharge to the company in respect of such loss or damage. Save by this Endorsement expressly agreed nothing herein shall modify or affect or liabilities of the Insured or of the company respectively under or in connection with this policy if any subject otherwise to the terms, conditions and limitations of this policy.

3. Protection and Removal after accident If the Motor Vehicle is disabled by reason of loss or damage insured under this Policy the Company will subject to the limits of liability bear the reasonable cost of protection and removal to the nearest repairers and of delivery after repairs to the insured.

4. Authority to Repair The Insured may authorise the repair of the Motor Vehicle necessitated by damage for which the Company may be liable under this Policy provided that:

a) The estimated cost of such repair does not exceed the Authorised Repair Limit.

b) A detailed estimate of the cost is forwarded to the Company without delay.

EXCEPTIONS TO SECTION 1

The Company shall not be liable to pay for:

a) Consequential loss.

b) Depreciation, wear and tear; or breakages mechanical or electrical breakdowns failures or breakages.

c) Damage to tyres unless damage is caused to other parts of the Motor Vehicle at the same time.

d) Damage caused by overloading or strain

e) Loss of or damage to the contents being carried in or on the vehicle;

f) The excess stated in the schedule.

SECTION II - LIABILITY TO THIRD PARTIES

1. Indemnity to the Insured The Company will subject to the limits of liability, Restrictive and Extensive Clauses, indemnify the Insured against all sums including claimant’s costs and expenses which the insured shall become legally liable to pay in respect of:

a) Death of or bodily injury to any person.

b) Damage to property. Where such death or injury or damage arises out of an accident caused by or in connection with the Motor Vehicle or the loading or unloading of the Motor Vehicle.

2. Indemnity to other Persons The Company will subject to the limits of the liability, Restrictive and Extensive Clauses, indemnify the Insured against all sums including claimant’s costs and expenses which the insured shall become legally liable to pay in respect of:

a) Death of or bodily injury to any person

b) Damage to property. Where such death or injury or damage rises out of an accident caused by or in connection with the Motor Vehicle or the loading or unloading of the Motor Vehicle

3. Indemnity to Legal Representatives In the event of the death of any person entitled to indemnity under this Section the Company will in respect of the liability incurred by such person indemnify his legal personal representatives in the terms and subject to the limitations which applied to such person.

4. Application of Limits of Liability In the event of an accident involving indemnity under this Section to more than one person the Limits of Liability shall apply to the aggregate amount of indemnity to all persons indemnified and such indemnity shall apply in priority to the Insured.

5. Legal representation and Defence The Company may at its own option;

a) Arrange for legal representation at any inquest or fatal inquiry in respect of any death which may be the subject of indemnity under this Section.

b) Undertake the defence of proceedings in any court of law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this Section. 6. Expenses The Company will pay all costs and expenses incurred with its written consent. JURISDICTION CLAUSE The indemnity under Section II shall not apply in respect of judgments, which are not in the first instance delivered by or obtained from a Court of competent jurisdiction within the Republic of Kenya.

EXCEPTIONS TO SECTION II

The Company shall not be liable;

a. Under sub-section 2 or 3 to indemnify any person;

i. Unless such person shall observe, fulfil and be subject to the terms and conditions of this Policy insofar as they can apply

ii. If such person is entitled to indemnity under any other policy.

b. In respect of death of or bodily injury to any person arising out of and in the course of such person’s employment by the person claiming to be indemnified under this section.

c. In respect of death or bodily injury or damage caused or arising beyond the limits of any carriage or thoroughfare in connection with the bringing of the load to the Motor Vehicle for loading thereon or the taking away of the load from the Motor Vehicle after unloading therefrom.

d. In respect of damage to property belonging to or held in trust by or in the custody or control of; i. The Insured or ii. Any person claiming to be indemnified under sub-section 2 or iii. A member of the same household as the Insured or of the same household as any person claiming to be indemnified under sub-section 2.

e. In respect of death of or bodily injury to a member of the same household as the insured or of the same household as person claiming to be indemnified under sub-section 2 f. The excess stated in the schedule. AVOIDANCE OF CERTAIN TERMS AND RIGHT OF RECOVER If the Company is obliged by the law of any country within the geographical area to pay an amount for which the Company would not otherwise be liable under this Policy the Insured shall repay the amount to the Company.

SECTION III - MEDICAL EXPENSES

The Company will subject to the Limits of Liabilities, restrictive and extensive clauses, pay to the Insured the reasonable medical expenses incurred in connection with any bodily injury by violent accidental external and visible means sustained by the Insured or Authorised Driver or any occupant of the Motor Vehicle or other third parties as the direct and immediate result of an accident to the Motor Vehicle.

SECTION IV- MOTOR VEHICLE IN CUSTODY OF MOTOR TRADER

Notwithstanding General Exceptions I (b) the indemnity provided by this Policy shall be operative but only so far as it relates to the Insured whilst the Motor Vehicle is in the custody or control of a member of the Motor Trade for the purpose of overhaul upkeep or repair. GEOGRAPHICAL AREA: East Africa LEGISLATION: Motor Vehicles Insurance (Third Party Risks) Act 1945 (Kenya) and any subsequent amending Legislation AUTHORIZED DRIVER: The Insured or any person driving on the Insured’s order or with his permission. Provided that the person driving holds a license to drive the Motor vehicle and is not disqualified from holding or obtaining such license. The Term “license” means a licence or other permit required by the licensing or other laws or regulations. GENERAL EXCEPTIONS (Applying to all Sections of this Policy) The Company shall not be liable in respect of:

1. Any accident, loss, damage, or liability caused sustained or incurred a. Outside the geographical area OR b. Whilst on the Insured’s order or with his permission or to his knowledge any motor vehicle in respect of which indemnity is provided by this Policy is i. Being used otherwise than in accordance with the Limitations as to Use ii. Being driven by any person other than an Authorised driver or is for the purpose of being driven by him in the charge of such person. iii. Any accident, injury, loss, damage or liability if the vehicle is carrying more than its authorized capacity.

2. Any accident, loss, damage or liability (except so far as is necessary to meet the requirements of the Legislation) directly or indirectly proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection with: a. War invasion act of foreign enemy, hostilities or warlike operations (whether war be declared or not) civil war, mutiny, rebellion, revolution, insurrection, military or usurped power or order of the government or any public authority. b. Detention seizure confiscation or any attempt thereat or by any direct or indirect consequences of any of the said occurrences and in the event of any claim hereunder the person claiming to be indemnified shall prove that the accidental loss damage or liability arose independently of and was in no way connected with or occasioned by or contributed to by or traceable to any of the said occurrences or any consequence thereof default of such proof the Company shall not be liable to make any payment in respect of such a claim. c. Acts of terrorism. d. Civil commotion assuming the proportion of or amounting to a popular rising.

3. Any liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement.

4. Any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purposes of the exception combustion shall include any self- sustaining progress of nuclear fission or • Any accident loss or damage to any property or any loss or expense whatsoever resulting or arising therefrom or any consequential loss.

5. Any accident, loss, damage or liability directly or indirectly caused by or contributed to or by or arising from nuclear weapons materials.

6. Any accident, loss, damage or liability caused sustained or incurred whilst the Motor vehicle(s) is/are being used to carry passenger(s) and or loads in excess of the assessment by the Licensing Authorities. However, it shall not affect the right of any person to recover any indemnifiable amounts under or by virtue of Legislation, but the Insured shall repay to the Company all sums paid by the Company which the Company will not have been liable to pay save for the Legislation.

7. Airport Exclusion: Any loss or damage to the motor vehicle or liability arising from the use of the vehicle(s) on airports/airstrip premises where members of the public do not normally have access.

8. Drunk/intoxicated: It is hereby declared and agreed that the Company shall not be liable to make any further payment in respect of any accident, loss, damage or liability caused or arising whilst the motor car in connection with which insurance or indemnity is granted hereunder is being driven by the insured or any other person with the knowledge and consent or order of the insured whilst impaired by intoxicating liquors or drug.

9. Any accident, loss, damage or liability arising whilst the Insured Motor Vehicle is being driven by a driver over 70 years of age unless satisfactory annual medical report of the said driver have been submitted to the company and the policy endorsed accordingly.

10. Terrorism Exclusion Clause. Notwithstanding any provision to the contrary within this policy or any endorsement thereto, this Insurance agreement does not cover any liability, loss, damage or expense of whatsoever nature directly or indirectly caused by, resulting from, happening through or in connection with any act of terrorism, regardless of any other cause contributing concurrently or in any other consequence to the loss, damage or expense. For the purpose of this exclusion, terrorism means an act of violence or an act dangerous to human life, tangible or intangible property or infrastructure with the intention or effect to influence any government or to put the public or any section of the public in fear. In any action suit or other proceedings where the Insurer alleges that by reason of this definition a loss, damage or expense is not covered by this policy, the burden of proving that such a loss, damage or expense is covered shall be upon the Insured

11. Y2K (MOT) Endorsement for Motor Insurance Policies Regarding Computer-Related Claims For the purpose of this Memorandum, the expression Computer Equipment shall mean any computer or other equipment or system for processing, storing or retrieving data and shall include, but shall not be limited to any computer hardware, firmware or software, media, microchip, integrated circuit or similar device. It is agreed that Exception (b) to Section 1 of this Policy is deleted and replaced by the following Loss of use, depreciation, wear and tear, mechanical or electrical breakdown failure or breakage, or any failure of any Electronic Equipment.”

12. Political Risks Exclusion Clause The following shall be excluded from this Agreement: Any loss or damage occasioned by or through or in consequence, directly or indirectly, of any of the following occurrences, namely:

a. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war.

b. Abandonment and/or permanent or temporary dispossession resulting from detention, confiscation, seizure, restraint, commandeering, nationalisation, appropriation, destruction or requisition by order of any government de jure or de facto or by any public authority.

c. Mutiny, civil commotion, military rising, insurrection, rebellion, revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.

d. Any riot, strike or public disorder or any act or activity which is calculated or directed to bring about a riot, strike or public disorder.

e. Any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or to bring about any social or economic change, or in protest against any State or government, or any political or local authority, or for the purpose of imposing fear in the public or any section thereof.

f. The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to in clauses d and e above. g. Plundering, looting, war pillage in connection with riots and/or civil commotion. For the purposes of clauses d, e and f, any loss or damage occasioned directly by a labour disturbance, lock-out or strike shall not be excluded. In any action, suit or other proceeding in which the Insurer alleges that by reason of these provision any loss or damage is not covered by this Agreement, the burden of proving that such loss or damage is covered shall be upon the Insured.

APPLICABLE ENDORSEMENTS EXCESS CLAUSE

The insured in respect of each and every event shall be responsible for the first amount payable as specified in the schedule of any expenditure for which provision is made under this policy. For the purpose of this Clause “event” shall mean an event or series of events arising out of one cause in connection with any one motor vehicle in respect of or in connection with which indemnity is granted under this policy. If the expenditure incurred by the company shall include the first amount payable, such amount shall be repaid by the insured to the Company forthwith. In the event where the company exercises its subrogation rights following an accident, the insured will be entitled to a refund of the excess subject to the proportion of the outlay recovered. If more than one motor vehicle is insured by this policy the provisions of this Clause shall apply as though a separate policy had been issued in respect of each motor vehicle.

USAGE CLAUSE Private usage (A) - Social, Domestic and Pleasure only.

Use only for social domestic and pleasure purpose and by the insured in person in connection with his business or profession. The Policy does not cover use for hire or reward, racing, pacemaking reliability, trial, speed testing, commercial traveling, the carriage of goods in connection with any trades or business for any purpose in connection with the Motor Trade. OR Private usage (B) - Social, Domestic, Pleasure and Business only. Use for social, domestic and pleasure purpose and for the insured’s business. The Policy does not cover use for racing, pacemaking, reliability, trial, speed testing or for the carriage of passengers for hire or reward. LEGAL LIABILITY OF PASSENGERS FOR ACTS OF NEGLIGENCE It is hereby understood and agreed that the Company will at the request of the insured indemnify in terms of Section II of this Policy any person mounting or dismounting from or travelling in the Motor Vehicle such person being hereinafter called the “passenger”. Provided that the Passenger:

a. Is not driving the Motor Vehicle or in charge of the Motor Vehicle for the purpose of driving,

b. Is not entitled to indemnity under any other Policy.

c. Shall act as though he were the Insured, observe, fulfil, and be subject to the Terms of this Policy in so far as they apply. Exceptions The Company shall not be liable in respect of

a. Death of or bodily injury to i. The insured, ii. Any person driving the Motor Vehicle or in charge of the Motor Vehicle or the purpose of driving, iii. Any person in the employment of the Passenger where such death or bodily injury arises out of or in the course of such employment.

b. Damage to property belonging to or held in trust by or in the custody or control of the Insured or of the Passenger or being conveyed by the Motor Vehicle.

ANTI-THEFT DEVICES CLAUSE

It is warranted that each vehicle insured for theft under this policy has an Anti-Theft device(s) fitted. The AntiTheft device must be operative at all times the vehicle is left unattended otherwise the theft excess under the policy shall be deemed to be increased as indicated on the schedule of this policy.

MOTOR INSURANCE - AVERAGE CLAUSE

When at the time of a claim the Insured vehicle has the market value higher than the sum insured, it is understood and agreed that the Insurers shall bear only that proportion of the loss which the sum insured bears to the market value. Subject otherwise to the Terms and Conditions of the Policy.

REPLACEMENT PARTS CLAUSE

It is hereby understood and agreed notwithstanding anything to the contrary contained in this Policy that in the event of loss or damage to the Motor Vehicle or its accessories or spare parts necessitating the supply of a part not obtainable from stocks held in the country in which the Motor Vehicle is held for a repair or in event of the Company in respect of any such part shall be limited to: a)

(i) The price quoted in the latest catalogue or price list issued by the Manufacturer or his Agents for the country in which the Motor Vehicle is held for repair or

(ii) If no such catalogue or price list exists the price last obtaining at the Manufacturer’s Work plus the reasonable cost of transport otherwise than by air to the country in which the Motor Vehicle is held for repair and the amount of the relative import duty and

b) The reasonable cost of fitting such part. Subject otherwise to the Terms of this policy RIOT STRIKE AND CIVIL COMMOTION It is hereby understood and agreed the words “strike, riot, civil commotion “in General Exception 2 of this policy shall not apply to any accident, loss, damage or liability in Kenya, ‘directly caused by:

a. The act of any person taking part together with others in any disturbance of the public peace (whether in connection with a strike or lock-out or not) or the action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimizing the consequence of such disturbance.

b. The wilful act of any striker or locked out worker done in furtherance of a strike or in resistance to a lock-out or the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimizing the consequences of any such act. Provided that the indemnity given by reason of this Endorsement shall not apply to any accident loss damage or liability (except so far as is necessary to meet the requirements of the legislation) directly or indirectly proximately or remotely occasioned by contributed to or by traceable to or arising out of or in connection with:

a. War invasion the act of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war,

b. Mutiny civil commotion assuming the propositions of or amounting to a popular rising military, rising rebellion revolution, insurrection, military or usurped power or any act of any person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the Government de jure or de facto or the influencing of it by terrorism or violence or by the direct or indirect consequences of the said occurrences. In the event of any claim hereunder the insured shall prove that the accident loss damage or liability arose independently of and was in no way Connected with or contributed to by or traceable to any of the said occurrences or any consequences thereof and in default of such proof the Company shall not be liable to make any payment in respect of such claim. Subject Otherwise to the Terms of this Policy.

WINDSCREEN EXTENSION CLAUSE

In consideration of the payment of an additional premium it is hereby understood and agreed that any claim or cost for reinstating any windscreen or window glass forming part of the Motor Vehicle as a result of breakage will be met without deduction of any amount for which the insured is responsible in the terms of the standard excess endorsement attaching to the Policy. Any payment under this Endorsement shall not constitute a claim within the meaning of the No Claim Bonus provisions of the policy, the maximum indemnity provided by this extension is limited to Kes. (As per schedule) and in the event of a claim arising under this Endorsement notwithstanding that the payment may be less than the indemnity provided by the extension, cover under the extension shall be forfeited and may be reinstated at the discretion of the company and the payment of an additional premium of not less than the amount originally charged. Provided that this endorsement shall not apply to the breakage of glass arising from an occurrence in which other damage is sustained by the Motor Vehicle. Subject to terms and conditions of this policy

RADIO CASSETTE/ENTERTAINMENT SYSTEM EXTENSION CLAUSE

In consideration of the payment of an additional premium it is hereby understood and agreed that any claim or cost for reinstating or repairing any radio cassette or entertainment system forming part of the Motor Vehicle will be met without deduction of any amount for which the insured is responsible in the terms of the standard excess endorsement attaching to the Policy. Any payment under this Endorsement shall not constitute a claim within the meaning of the No Claim Bonus provisions of the policy, the maximum indemnity provided by this extension is limited to Kes. (As per schedule) and in the event of a claim arising under this Endorsement notwithstanding that the payment may be less than the indemnity provided by the extension, cover under the extension shall be forfeited and may be reinstated at the discretion of the company and the payment of an additional premium of not less than the amount originally charged. Provided that this endorsement shall not apply to the damage to radio cassette or entertainment system arising from an occurrence in which other damage is sustained by the Motor Vehicle. Subject to terms and conditions of this policy

EXTENSIVE CLAUSES

It is hereby declared and agreed that the above mentioned item fitted in vehicle described in the schedule hereof is deemed to be insured under this policy. Any payment under this Endorsement shall not constitute a claim within the meaning of the No Claim Bonus provisions of the policy, the maximum indemnity provided by this extension is limited to Kes. (As per schedule) and in the event of a claim arising under this Endorsement not withstanding that the payment may be less than the indemnity provided by the extension, cover under the extension shall be forfeited and may be reinstated at the discretion of the company and the payment of an additional premium of not less than the amount originally charged. Motor Vehicles Inspection “Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that if a motor vehicle is not inspected/valued within fourteen (14) days from the date of issuing the certificate of motor insurance, then cover under this policy reverts to Third Party Only” Inclusion of Special Peril/s It is hereby understood and agreed that this policy extends to cover "flood, typhoon, hurricane, volcanic eruption, earthquake or other convulsion of nature" Young and/or inexperienced drivers excess We will not be liable under Sections I and II of this Policy for the first “As shown in the schedule” of any amount otherwise payable in respect of loss or damage to the Vehicle (other than by fire, external explosion, self ignition or lightning or theft) occurring whilst the Vehicle is being driven by or is in the charge of an Authorized Driver who:-

(a) is under twenty one (21) years of age; and/or,

(b) has not held for a period of one (1) year a licence other than a provisional licence to drive a vehicle of the same class as your Vehicle. The amount (s) payable will be in addition to any other for which you may be responsible within the terms of the Policy

. PREMIUM PAYMENT WARRANTY CLAUSE – INSURANCE PREMIUM FINANCING

Notwithstanding anything contained herein to the contrary, the Company agrees that in the event that the premium against the within-mentioned policy is paid through premium financing, it is a condition of this contract that the following conditions apply:

a. The IPF shall be arranged during the 1st month of policy inception. Where the same is done past the 1st month, time on risk premium will be payable to the Company and the balance premium financed,

b. In the event of default, the bank or financier issues a notice of cancellation of finance and does advise the insured to regularize the payments, such notice shall automatically be deemed to be the 7 days’ notice of cancellation under the policy. The policy shall therefore cease to be of effect on expiry of the 7 days’ notice, issued by the Financier/Bank.

c. In the event of a claim is reported and is admissible:

i. During the period before the bank submits the cheque to the Company, the claim shall be admitted on condition that the premium cheque is paid before the claims settlement, ii. Where the claim is a total loss, the bank shall be notified and the outstanding premium shall become due. The same shall be deducted from the claim. For partial losses, the IPF shall not be affected. Cash and Carry “Pursuant to the deletion of Section 156 sub-section (2) of the Insurance Act Cap. 487, you are required to pay your premium on or before the commencement of cover. Please note that the Company shall only assume risk upon receipt of the full premium”.

SANCTIONS CLAUSE

“The [Insurer] shall not be deemed to provide cover and the [Insurer]shall not be liable to pay any claim or provide any benefit under this policy to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose the [Insurer], its parent, subsidiary or affiliate entities and organizations, including any director, officer, employee, or agent to any sanction, prohibition or restriction implemented pursuant to resolutions of the United Nations or the trade and economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.”

BASIS OF CONTRACT

It is hereby declared and agreed that the insured not having completed the insurer’s formal printed proposal form for this class of business but having proposed to the insurers by means of a Risk Note, wherever within Policy makes references to proposal and or declaration, these terms shall be deemed to include the terms agreed on at the time of making quotations for the said class of business. In the event of a conflict in terms between the Broker’s risk note and the agreed on quotations, the latter shall prevail. Subject to the Terms of the Provisos conditions and exclusions of the policy. The following clauses apply only if their Titles appear on the Schedule of this Policy

THIRD PARTY FIRE AND THEFT CLAUSE It is hereby declared and agreed that notwithstanding anything to the contrary contained in section 1 of this policy the company shall not be liable thereunder except in respect of loss or damage by fire external explosion self-ignition or lightning or burglary housebreaking or theft. Subject otherwise to the terms of this policy. THIRD PARTY ONLY It is hereby declared and agreed that Section I and III of this policy is deemed to be cancelled.

EXCESS WAIVER CLAUSE: ACCIDENTAL DAMAGE

Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that subject to the insured having paid the agreed premium, the excess applicable to Accidental Damage claims is waived in full with the exception of: a. Any claims falling below the excess b. Any excess/deductible to be paid where a claim is settled on ex-gratia basis c. Any liability which attaches by virtue of an agreement but which would have not attached in the absence of such an agreement It being understood and agreed that this waiver will apply to the first claim only in respect of each vehicle and that cover may be re-instated at the discretion of the insurer on the payment of an additional premium at variable terms to the Company. Terrorism extension This policy extends to cover any loss or damage occasioned by or in consequence, directly or indirectly, of acts of terrorism, including bomb blasts, sabotage, Riots, Strikes Civil Commotion, Malicious damage, Insurrection, Revolution or Rebellion, Mutiny and or Coup d’état committed by a person activating individually or on behalf of or in connection with any organization.

For the purpose of this condition, terrorism means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear. In any action, suit or other proceedings where the company alleges that by reasons of the provisions of this clause any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the insured. Subject otherwise to the terms exceptions and conditions of this policy. Political Risks extension This Policy shall cover loss, damage, 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 cause or event contributing concurrently or any other sequence to the loss: War, invasion act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war. Abandonment and / or permanent temporary dispossession resulting from detention, confiscation, seizure restraint, commandeering, nationalization, appropriation, destruction or requisition by order of any government de jure or de facto or by any public authority. Mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power, martial law of state of siege or any of the events or causes which determine the proclamation of maintenance of martial law or state of siege.

The act of any lawfully established authority in controlling, preventing, and suppressing or in any way dealing with any occurrence referred herein. In any action, suit or other proceeding in which the insurer alleges that by reason of these provisions any loss or damage is not covered by this Agreement, the burden of proving that such loss or damage is covered shall be upon the insured. Subject otherwise to the terms conditions and exceptions of this policy. Loss of Use / Courtesy Car Extension

It is hereby declared and agreed that this policy is extended to cover the costs of hiring alternative transport following a road traffic accident. Payment will be made on receipt of the hire charges incurred from the date of assessment to the time the Motor Vehicle has been satisfactorily repaired and re-inspected subject to the insured’s satisfactory note at a limit of Kes. (As per schedule) excluding the first 3 days after full documentation provided and claim deemed admissible. Forced ATM Withdrawal Endorsement It is hereby declared and agreed that the cover provided by this policy is extended to include loss of money as a result of forced ATM withdrawal following a car hijack. Insured under this extension will be required to provide receipts as proof of such costs and expenses in respect of any one accident or theft during any one policy period. The maximum amount payable under this extension will be Kes. (As per schedule).

Cost of Alternative Accommodation Extension Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that this insurance extends to cover reimbursement for alternative costs of accommodation reasonably incurred by the insured following an accident occurring beyond 50 km radius from the insured’s usual residence up to a maximum of Kes. (As per schedule). Insured under this extension will be required to provide receipts as proof of such costs and expenses in respect of any one accident or theft during any one policy period. Personal Effects Extension It is hereby declared and agreed that the cover provided by this policy is extended to include loss of or damage to personal effects i.e. clothes, shoes, handbag contents, jewellery, mobile, iPod, spectacles, camera, travelling bag and sports equipment following an accident/theft/carjacking or malicious damage. Insured under this extension will be required to provide receipts as proof of such costs and expenses in respect of any one accident or theft during any one policy period. The maximum amount payable under this extension will be Kes. (As per schedule). Side Mirrors and its Housing Extension It is hereby declared and agreed that the cover provided by this policy is extended to include loss of or damage to side mirrors and its housing following an accident/theft/carjacking or malicious damage. Insured under this extension will be required to provide receipts as proof of such costs and expenses in respect of any one accident or theft during any one policy period. The maximum amount payable under this extension will be Kes. (As per schedule). This extension will be subject to an Excess of Kshs.2,500/=.

SPECIAL SPARE WHEEL COVER

It is hereby declared and agreed that cover under this policy is extended to include loss of or damage to the insured’s vehicle spare wheel, directly as a result of and in consequence of an accident or forcible breakage to the insured vehicle. The maximum indemnity provided by this extension will be Kes. (As per schedule) and in the event of a claim arising under this Endorsement notwithstanding that the claim may be less than the indemnity provided by the extension, cover under the extension shall be forfeited and may be reinstated at the discretion of the company and the payment of an additional premium of not less than the amount originally charged. All spare wheel replacements shall be undertaken by the company’s approved garages or any garage so authorized by the Company.

SPECIAL VEHICLE TYRES COVER

It is hereby declared and agreed that cover under this policy is extended to include loss of or damage insured vehicle’ TYRES, as a result of and in consequence of an accident or forcible breakage to the insured vehicle. The maximum indemnity provided by this extension will be Kes. (As per schedule) and in the event of a replacement claim arising under this Endorsement notwithstanding that the replacement may be less than the indemnity provided by the extension, cover under the extension shall be forfeited and may be reinstated at the discretion of the company and the payment of an additional premium of not less than the amount originally charged. All vehicle tyres replacements shall be undertaken by the company’s approved garages or any garage so authorized by the Company.

SPECIAL TOOL KIT CLAUSE

Endorsement: Coverage for Tool Kit Loss or Damage

It is hereby declared and agreed that cover under this policy is extended to include loss of or damage to the insured vehicle’s tool kit (including jack and spanner) directly resulting from an accident or forcible breakage to the insured vehicle.

Maximum Indemnity: The maximum indemnity provided by this extension will be Kes. (As per schedule). In the event of a claim under this endorsement, even if the claim is less than the indemnity, the coverage under this extension will be forfeited. It may be reinstated at the discretion of the company upon payment of an additional premium equal to or greater than the amount originally charged.

Tool Kit Replacements: All tool kit replacements shall be undertaken by the company’s approved garages or any garage authorized by the company.

Conditions

  1. Contractual Unity
  2. Insured’s Duty
  3. Written Notice
  4. Care of Motor Vehicle
  5. Notification of Accidents
  6. Claims Procedure
  7. Payment of Limits of Liability
  8. Other Insurance
  9. Burden of Proof
  10. Disputes between You and Us
  11. Cancellation
  12. Duty-Free Vehicles
  13. Approved Panel Repairers/Garages
  14. Sunset Clause

Advisory Notes

  • Market Value: Ensure the market value of each vehicle is accurately covered to avoid under- or over-insurance.
  • Admission of Liability: Do not admit liability to any third party.
  • Transfer of Ownership/Cancellation: This policy is personal and non-transferable. Return the Certificate of Insurance for cancellation.