| Dive Master Insurance Consultants Ltd. Kingsbridge House, 17-23 Rectory Grove, Leigh-on-Sea ESSEX SS9 2HA England |
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DIVE EQUIPMENT INSURANCE |
DEFINITIONS
This Section
explains the phraseology we have used to construct this policy wording.
Where we have used these phrases, they are printed in BLOCK CAPITALS. In
any dispute, these Definitions will be considered paramount.
In this instance:
1. “THE UNDERWRITERS” means certain underwriters at Lloyd’s.
2. “THE INSURED” means the Individual, Group, Club, Company,
School or Association specified on the validation card.
3. “SUB AQUA ACTIVITIES” means when THE INSURED is wholly or
partially immersed in water for the purposes of SPORTS DIVING.
4. “SPORTS DIVING” means recreational diving or instruction
in recreational diving using standard manufacturers diving equipment.
5. “ACCIDENTAL LOSS” means loss as a result of a sudden, unexpected,
unusual, specific event which occurs at an identifiable time and place.
6. “TRANSIT” means the carriage of the insured property from
its PLACE OF STORAGE with THE INSURED in attendance during the carriage
until the TRANSIT ends at the dive site or when the equipment is removed from the carrying vehicle and put into a PLACE OF STORAGE.
7. “WHILST WITH THE INSURED” means that THE INSURED travels
to the same destination at the same time as the insured equipment unless
in the case of air carriage the equipment travels on another aircraft which
is outside of the control of the Insured.
8. “PLACE OF STORAGE” means the insured equipment is kept in
a locked and secure building, or a boat cabin or boat locker on vessels
in excess of 9 metres in length within an enclosed wheelhouse or other means
of lockable storage onboard.
9. “OVERNIGHT STORAGE IN A VEHICLE” means that provided there
is no alternative PLACE OF STORAGE at the end of a TRANSIT then this cover
will extend to storing the insured equipment in a locked and secure motor
car boot or commercial van. The items being kept out of view whilst so stored.
10. “AUTHORITATIVE DIVING BODIES” means recognised National
and/or International controlling Organisations, or Organisations who provide
guidelines and recommendations to their membership for safe diving practice.
11. “AVERAGE” means at the time of any loss, damage or theft
if the sum insured on any item of property is less than the current replacement
value of such property THE INSURED shall be considered as being his own Insurer for the difference and shall bear a rateable share of the loss accordingly.
12. “INDEMNIFY” means that THE UNDERWRITERS hold the right to
replace, reinstate, repair or offer a cash settlement for lost, damaged
or stolen items of equipment.
13. “SCHEDULE” refers to the list of items of equipment that
you have provided to us.
CONDITIONS
This Section explains what is covered and how the cover
operates.
The insured equipment as specified on your policy SCHEDULE is covered in
a PLACE OF STORAGE, during SUB AQUA ACTIVITIES and in TRANSIT to and from
WHILST WITH THE INSURED.
1. THE UNDERWRITERS will INDEMNIFY THE INSURED against theft of and ACCIDENTAL
LOSS and damage to diving equipment (not excluded see EXCLUSIONS section) being the property of THE INSURED as stated on the SCHEDULE and unspecified
items up to the sum insured value that is stated on the SCHEDULE.
2. There is no cover for any item with a value in excess of £100 unless
it is declared on the SCHEDULE. If during the term of the policy THE INSURED
purchases any new items of equipment or replaces any declared items with
another, then notice must be given to Insurers in writing of the addition/alteration
to be made to the SCHEDULE before cover extends to the additional/replacement
item(s).Subject to the correct premium having been paid and not to exceed
the total sum insured, the claim settlement shall be based on replacement
value. In the event of any under insurance the principle of AVERAGE shall
be applied.
3. THE UNDERWRITERS hold the right to replace, reinstate or repair lost,
damaged or stolen items of equipment at their option. Reinstatement/repair
of equipment as nearly as reasonably practicable to be deemed sufficient,
not withstanding that the former appearance and condition of the property
may not be precisely restored.
4. THE UNDERWRITERS hold the right to decide when equipment is to be considered
a write off”. All equipment written off becomes the sole property
of THE UNDERWRITERS for their disposal in any manner they see fit.
5. This insurance covers the deliberate jettisoning of the equipment insured
during SUB AQUA ACTIVITIES should an emergency demand such action.
6. THE INSURED consents to giving all reasonable assistance to THE UNDERWRITERS
by producing originals of qualification records, medical certificates and/or
reports, personal log books, dive log sheets, dive marshals and dive officers
names and addresses upon request by THE UNDERWRITERS.
7. This insurance does not cover any loss or damage which at the time of
the happening of such loss or damage is/or would but for the existence of
this insurance be insured under any other insurance.
8. It is incumbent upon THE INSURED to assist THE UNDERWRITERS to recover
against any other valid insurance policy or source which could be called
into contribution.
9. This policy may be cancelled by either party giving seven days notice
in writing. Provided that there have been no claims made under the policy,
return of premium shall be calculated at pro-rata but subject to a maximum
return of premium of 50%. In addition if this policy does not meet the requirements
of THE INSURED, then THE INSURED has a 14 day cooling off period after receiving
the policy documents in which to cancel this policy and obtain a full refund.
CAMERA CLAUSE
It is hereby noted and agreed that in consideration of the additional premium paid the list of underwater photographic equipment
declared on the SCHEDULE is covered by the full benefit of this policy and
is extended to include damage as a result of unexplained flooding. “First
Aid” to the damaged equipment must be carried out in accordance with
the manufacturer’s recommendation, and the damaged items must be submitted
to a recognised service agent of the manufacturer for repair as soon as
practically possible.
HIRE EQUIPMENT ENDORSEMENT
This policy provides cover for up to £300 in total for the cost of hiring diving and/or underwater camera equipment, if as the result of a covered loss under this Insurance you are required to hire replacement equipment in order to attend a dive training course or dive holiday that was pre booked and pre paid prior to the loss occurring.
EXCESSES
You are responsible for the first part of each and every
claim (the Excess).
THE INSURED shall pay the first amount of each claim in the sum of £35
after any condition of AVERAGE has been applied.
EXCLUSIONS
This section explains what this policy does not cover. EXCLUDING:
1. Theft unless under any of these conditions:
a) there is physical evidence of a forcible and violent entry into or exit
from a PLACE OF STORAGE.
b) from a locked and secure vehicle whilst stored as defined in DEFINITIONS
9. or in TRANSIT with THE INSURED.
c) whilst in the care and custody of an airline or carrier at an airport
of departure or arrival WHILST WITH THE INSURED.
2. Any claim that is not notified to us by way of a completed claim form
within 31 days from the date of the claim occurring.
3. Wear, tear, the effects of salt water and other gradually operating causes.
4. Latent defect, inherent fault, faulty workmanship or materials.
5. Any process of servicing, repairing or cleaning, or as the result of
unauthorised interference or adjustment of any part of the property.
6. Electrical or mechanical breakdown or derangement.
7. Requisition, confiscation or similar action by order of any Government,
Customs or like authorities.
8. Riot or civil commotion outside of the United Kingdom.
9. Claims on diving cylinders without current test certificates (certificates
to be produced upon request).
10. Personal effects.
11. Claims in respect of any loss or damage caused by or arising from ionising-radiation
or contamination by radioactivity from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel or from the radioactive toxic
explosive or other hazardous properties of any nuclear assembly or nuclear
component thereof.
12. Loss or damage caused by wilful misconduct or lack of due diligence
by the insured.
13. Legal liability.
14. Claims arising as a result of solo diving, unless in accordance with
the recommendations.
of your certifying association.
15. Photographic and video equipment unless stated on the SCHEDULE.
16. Watches with a value in excess of £600.
WARRANTIES
This section explains that you must comply with these
requirements (Warranties) to make the conditions operate. Please note that
any breach of these warranties may invalidate your policy. It is warranted
that:
1. The Equipment must be maintained in a serviceable condition to accepted
diving standards.
2. SUB AQUA ACTIVITIES are carried out in accordance with the guidelines
and recommendations for safe diving practices as laid down by the AUTHORITATIVE
DIVING BODIES.
3. Ancillary items of equipment i.e. torches, knives, computers and cameras
etc. are attached to the diver by way of wrist strap, lanyard, leash or
other proprietary attachment during SUB AQUA ACTIVITIES.
4. “OVERNIGHT STORAGE IN A VEHICLE” is subject to the circumstances
as defined in DEFINITIONS 9. At all other times it is warranted that all
diving equipment must be removed from the carrying vehicle at the end of
each TRANSIT and put into a PLACE OF STORAGE.
TERRITORIAL LIMITS
Worldwide cover for the term of the policy
WHAT TO DO IN THE EVENT OF A CLAIM
This section explains what you must do in the event of a claim.
Failure to comply with these requirements may invalidate your claim.
1. Obtain a claim form by contacting Dive Master Insurance Consultants Ltd,
or complete the online claim form at www.dive-master.net .
2. Complete and forward the claim form to us within 31 days of the incident
occurring.
3. In the event of damage, take your equipment to your local dive shop for
an inspection and obtain a written estimate of repair. In the event of damage
to your underwater camera equipment we may request that you send the items
to our delegated service agent.
4. In the event of a theft or ACCIDENTAL LOSS please obtain written confirmation
that you reported the loss to any of the following; dive boat skipper, dive
leader, airline, baggage handling agent, holiday representative or the local
Police. If the Theft or ACCIDENTAL LOSS occurs when in the custody and control
of an airline, a property irregularity report must be obtained from the
airline or their baggage handling agent.
5. If you are claiming for the hire of equipment then you will need to provide
written confirmation of the cost and length of time that you hired the equipment.
STATUTORY NOTICE
•
The Parties are free to choose the law applicable to this insurance contract.
Unless specifically agreed to the contrary by Underwriters, this Insurance
shall be subject to English Law.
• Any enquiry or complaint you may have regarding this insurance may
be addressed either to the intermediary who arranged this insurance, or
to the office of Dive Master Insurance Consultants Ltd, 17-23 Rectory Grove,
Leigh-on-Sea, Essex SS9 2HA.
• If you are not satisfied with the manner in which your claim has
been dealt with, you may contact Lloyd’s, 1 Lime Street, London EC3M
7HA. However if the matter is still not resolved to your satisfaction, then
you have the right to refer the matter to the Financial Ombudsman Services,
South Quay Plaza, 183 March Wall, London E14 9SR
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