General Definitions and Conditions - IMAN Bonus Travel Insurance

For the purpose of this Policy, the following definitions apply:-

WE/OUR/US means ACE Insurance Limited (ABN 23 001 642 020, AFS License No.239687)

YOU/YOUR means the insured named in the Schedule.

INSURED PERSON means such person or persons who come within the description of Insured Person contained in the Schedule and with respect to whom premium has been paid or agreed to be paid.

EMPLOYEE means any person in Your service including directors (executive and non-executive) and (except for Section 11) at Your option, includes consultants and/or self-employed persons undertaking work on your behalf.

SPOUSE means an Insured Person's husband or wife and includes de-facto and/or life partner with whom Insured Person has continuously cohabited for a period of (3) months or more.

DEPENDENT CHILDREN means an Insured Person's and their Spouse's unmarried dependent children (including step or legally adopted children) as long as they are under nineteen (19) years of age or under twenty-five (25) years of age while they are full-time students at an accredited institution of higher learning and in either case, are primarily dependent upon You for maintenance and support.

SCHEDULE means the Schedule attached to the Policy Wording or any subsequently substituted schedule.

JOURNEY means the Journey defined in the Schedule. A Journey in excess of 100 Kilometres from your usual place of residence in Australia.

PERIOD OF INSURANCE means the period of time following an Event giving rise to a claim for which benefits are not payable.

EXCESS means the first amount of each and every claim payable by You or the Insured Person as stated in the Schedule.

EXCESS PERIOD means the period of time following an Event giving rise to a claim for which benefits are not payable.

INJURY means a bodily injury resulting from an accident and which is not an illness and which:
(a) is caused by violent, external and visible means; and
(b) occurs during the Period of Insurance; and
(c) results solely and independently of any other causes, including any pre-existing physical or congenital conditions (except illness or disease directly resulting from medical or surgical treatment rendered necessary by any injury).

SICKNESS means any illness or disease of the Insured Person occurring during a Journey but does not include a terminal condition of the Insured Person diagnosed prior to the commencement date of the Journey.

SERIOUS INJURY OR SERIOUS SICKNESS means Injury or Sickness that causes Total Disablement (as defined in Section 1 of this Policy) and is certified as totally disabling by the attending Doctor. It does not mean a terminal condition diagnosed prior to the commencement date of the Journey or any chronic or other medical condition (other then mild or controlled asthma or hypertension) for which the person on whom the claim depends:
has recieved daily medical treatment or medication in the thirty (30) days immediately prior to commencement date of the Journey; or
required hospitilisation or surgery (or was on a waiting list for hospitilisation or surgery) in the six (6) months immediately prior to commencement date of the Journey.

CLOSE RELATIVE means Spouse, parent, parent-in-law, step-parent, child, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, half brother, half sister, fiance(e), niece, nephew, aunt, uncle, stepchild, grandparent or grandchild provided such person is at the relevant time not more than (80) years of age.

INCIDENTAL PRIVATE TRAVEL means travel which is private and taken either side of or during an authorised business trip. The incidental travel portion must not exceed more then 60% of the trip in its entirety unless authorised by Us.

POLICY means this Policy Wording and the Schedule

POLICY WORDING means this document

DOCTOR means a legally registered medical practitioner who is not an Insured Person or their relative

ACCIDENTAL DEATH means death occurring as result of an Injury

EVENT(S) means the event(s) described in the Table of Events set out in Section 1 of this Policy.

GENERAL EXCLUSIONS UNDER THE POLICY

APPLICABLE TO ALL SECTIONS OF THE POLICY

We shall not pay benefits with respect to any loss, damage, Liability, Event, Injury or Sickness which:

1. results from an Insured Person engaging in or taking part in:
   1. flying in an aircraft or aerial device other than as a passenger in an aircraft licensed to carry passengers; or
   2. training for or participating in professional sport of any kind
2. results from any intentional self-injury, suicide or any illegal or criminal act committed by You or an Insured Person.
3. results from war (whether declared or not), invasion or civil war.
4. is or results from or is a complication of infection with Human Immunodeficiency Virus (HIV) or any variance including Aquired Immune Deficiency Sydndrome (AIDS) and AIDS Related Complex (ARC).
5. results from the use, existence or escape of nuclear weapons material or ionising radiation from or contamination by radioactivity from any nuclear fuel or nuclear waste from the combustion of nuclear fuel.
6. results from pregnancy or childbirth, except for unexpected medical complications or emergencies arising therefrom.

We shall also not pay any claim with respect to any Insured Person who is over seventy-five (75) years of age at the time of loss, damage, liability, Event, Injury or Sickness.

GENERAL CONDITIONS UNDER THE POLICY

Change of Business Activities
You must inform Us as soon as is reasonably practicable of any alteration in Your business activities which increases the risk of a claim being made under this Policy.

Subrogation
In the event of any payment under this Policy, We shall be subrogated to all Your rights and the rights of the Insured Person to recovery against any person or entity other than another Insured or Insured Person protected by this Policy and You and the Insured Person must execute and deliver any instruments and papers and do whatever else is neccesary to enable Us to secure such rights. Neither You nor an Insured Person shall take action after any loss which will prejudice Our rights to subrogation.

Expiry of Cover
In the event the Journey continues past the expiry of the Period of Insurance and the Policy is not renewed with Us, We will not be liable for any loss occuring after the expiry date of the Period of Insurance.

Other Insurance
In the event of a claim, You must advise Us as to any other insurance You may have covering the same risk.

Breach of Conditions
If You are in breach of any of the conditions of this Policy, We may decline to pay a claim.

Aggregate Limit of Liability
(This condition is not applicable to Sections 4,7,9,11 and 13 of this Policy).

(a) Except as stated below, Our total liability for all claims arising under this Policy during any one Period of Insurance shall not exceed the amount shown on the Schedule against Aggregate Limit of Liability (A).

(b) Our total liability for all claims arising under this Policy during any one Period of Insurance relating directly to air travel in aircraft whose flights are not conducted in accordance with fixed flying schedules, over specific air routes, to and from fixed terminals, shall not exceed the amount shown on the Schedule against Aggregate Limit of Liability (B).

(c) In the event that claims are made under this policy which exceed the above Aggregate Limits of Liability, We shall reduce the payments made with respect to each Insured Person in such a manner as We may determine. Any determination as to the amount payable in these circumstances shall be made at Our entire discretion and shall not be the subject of any challenge of any kind.

Proper law
Any dispute arising under this Policy or concerning its formation shall be governed by the laws of the appropriate State of the Commonwealth of Australia. Each party agrees to submit to the jurisdiction of any Court of competent jurisdiction within the said State and to comply with all requirements necessary to give such Court Jurisdiction. All matters arising hereunder shall be determined in accordance with the law and the practice of such Court.

Headings
Headings have been included for ease of reference and it is understood and agreed that the terms, conditions and exclusions of this Policy are not to be construed or interpreted by reference to such headings.

Assistance and Co-operation
You shall co-operate with Us and upon Our request, assist in making settlements, in the conduct of suits and in enforcing and right of contribution or indemnity against any person or organisation who may be liable to You because of Injury or damage with respect to which insurance is afforded under this Policy. In that regard, You shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. You shall not, except at Your own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of the accident.

Due Diligence
You and all Insured Persons will exercise due diligence in doing all things to avoid or reduce any loss under this policy.