COMPUCOVER COMPUTER ALL RISKS POLICY WORDING
This Policy is underwritten by UK Underwriting Ltd on behalf of AXA Insurance UK plc. 5 Old
Broad Street, London EC2N 1AD, Registered in England No. 78950. AXA Insurance UK plc
and UK Underwriting Limited are authorised and regulated by the Financial Services Authority
(FSA). The address of the FSA is: 25 The North Colonnade, Canary Wharf, London E14
5HS. This can be checked on the FSAâ„¢s register by visiting the FSAâ„¢s website at
www.fsa.gov.uk/register
Understanding Your Policy
Please read this policy carefully and make sure You understand fully and comply with itâ„¢s
terms and conditions, failure to do so may jeopardise the payment of any claim which might
arise and could lead to the policy becoming void.
The Policy
The Insurer will provide the insurance described in this Policy for the period of insurance that
is shown in the Policy Schedule and for any subsequent period which the Insurer and You
may agree.
This Policy will not be in force unless the correct premium has been received and it has been
agreed by an authorised official of the Insurer and confirmation sent to you with the Policy
Schedule.
The policy contains details of the Insurance cover You have bought, what is excluded from
cover and the terms and conditions of this Insurance.
Your attention is drawn to the following:
Changes in Your circumstances
The policy has been issued based upon information which You have given to the Insurer
about Yourself and Your Equipment. You must tell the Insurer immediately of any changes
to this information including any change of address. You must also notify the Insurer if You,
or anyone living with You, have been convicted of handling stolen goods, fraud, forgery,
robbery, theft or if You have been declared bankrupt. If You do not reveal any relevant
information the consequences may be that the Policy is void and any claim You have, may
be invalidated.
Your legal rights
This insurance is in addition to Your legal rights and is not to be substituted for the supplierâ„¢s
liability if the Equipment is found to be unfit for the purposes for which they were intended,
or
are not as described or are not of satisfactory quality.
Goodfaith
You have a duty to be truthful and honest in any information that has been provided in Your
application and throughout the life of the Policy. It is Your responsibility to provide complete
and accurate information to the Insurer on proposal forms, claims forms and other documents
throughout the life of the Policy and when You make a claim. If You do not reveal any relevant
information the consequences may be that the Policy is void and any claim You have, may
be invalidated.
Cancellation
We hope you are happy with the cover this policy provides. However, if after reading this
policy, this insurance does not meet with your requirements, please return it to CompuCover
c/o Summit Insurance Services Ltd, The Robbins Building, Albert Street, Rugby, CV21 2SD
within 30 (thirty) days of issue and we will refund your premium in full.
The Insurer shall not be bound to accept renewal of any Insurance and may cancel the Policy
by sending written notice to You by registered post at the address stated in the Policy Schedule
at least 14 days before such cancellation takes effect. If the Insurer cancels this Policy,
subject to no successful claims being made by You during the period of cover and provided
the premium has been made in full, You will be entitled to a refund of the proportionate part
of the premium corresponding to the un-expired period of insurance
DEFINITIONS
Administrator
means Summit Insurance Services Ltd whose address is The Robbins Building,
Albert Street, Rugby, CV21 2SD. Customer Services and Claims telephone number: 01788
563 100, registered in England No. 2714711. Registered address: The Pavilion, 3 Broadgate,
London, EC2M 2QS. Authorised and regulated by the Financial Services Authority.
Equipment
means the computer, ancillary computer hardware and standard software that
are identified in the Policy Schedule. Standard software means an operating system or an
application program which is generally available for retail sale and can be replaced by means
of purchasing a copy of it without the need for individual reprogramming or program writing.
Software which has been specifically written or adapted and is in a form which is not generally
available for retail sale is excluded. Only the Equipment identified in the Policy Schedule
is covered by this Policy. Only Equipment of UK specification may be insured under the
Policy.
Insured Event
means damage to, or the theft, accidental damage or destruction of, all or
part of the Insured Equipment.
Proposal
means any signed application and declaration together with any supporting
information You may have supplied in support of Your application for Insurance.
Insurance
means the Proposal, Policy, Policy Schedule.
Policy Year
means the 12-month period commencing on the date of issue or renewal of a
Policy and, in the case of a Certificate for more than one year, means each 12-month period
of insurance cover commencing on the anniversary of such issue/renewal.
Total Insured Value
means the maximum amount that can be claimed in any Policy Year.
The Territorial Limits
means the United Kingdom of England, Wales, Scotland, Northern
Ireland, the Channel Islands, or the Isle of Man and includes any other country in which You
are temporarily present with the Equipment, provided that You are resident within These
Territorial Limits.
Terrorism
means any act, including but not limited to the use of force or violence of the
threat thereof, of any person or group of persons, whether acting alone or on behalf of or
in connection with any organisation or government, committed for political, religious, ideological
or similar purposes, including the intention to influence any government and/or to put the
public or any section of the public in fear.
Unattended
means when not within Your sight and control.
You/Your/Yourself
means the Policyholder named on the Policy Schedule.
We / Us / Insurer means
UK Underwriting on behalf of AXA Insurance UK plc.
WHAT IS INSURED
If an Insured Event occurs within the Territorial Limits as a result of any cause that is not
excluded by this Policy, the Insurer will, as its sole discretion:
a) Pay the cost of the repair of the Equipment by a qualified repair engineer
authorised by the Insurer; or replace the Equipment with new equipment of a
similar specification.
b) The Insurer will use reasonable endeavours to replace the Equipment with
equipment of an identical specification but is not obliged to do so where this is
not possible.
c) The Insurer is not liable for the payment of Value Added Tax (VAT) where You
are registered with HM Revenue and Customs for VAT.
d) The Insurer will only pay for carriage costs within the UK. You must pay for any
additional carriage costs if the Equipment needs to be collected and/or delivered
outside the UK.
e) Subject to any other limit of liability stated in the Policy, the Insurerâ„¢s total liability
in any Policy Year will not exceed Total Insured Value (as stated in the Policy
Schedule) and, in respect of any item of Equipment, will not exceed the insured
value of such item of Equipment (as stated in the Policy Schedule).
GENERAL CONDITIONS
1. Claims Notifications & Requirements
In order to make a claim, You or Your personal representative, must:
a) Within 14 days of the occurrence of the Insured Event, notify the Insurer
by writing to CompuCover c/o Summit Insurance Services Ltd, The Robbins
Building, Albert Street, Rugby, CV21 2SD;
b) submit a claim form to the Insurer at CompuCover c/o Summit Insurance
Services Ltd, The Robbins Building, Albert Street, Rugby, CV21 2SD; and
c) in the event of loss by theft, or where You have reason to believe a criminal
offence has been committed, notify the police and obtain a police crime
number.
You must also:
a) Take precautions to prevent further damage to the Equipment (the Insurer will
not be liable for any further damage resulting from the continued use of Equipment
before the equipment has been repaired to the satisfaction of the Insurer)
b) Retain any damaged Equipment or parts thereof; and
c) when requested to do so, and within 14 days of receiving such request, deliver
to Summit Insurance Services Ltd a written statement of all reasonable particulars
and details of the Equipment affected, its value and the Insured Event and furnish
all such documents, explanations and other evidence as may be reasonably
required by the Insurer.
Unless all of the terms of this condition (as detailed above) are complied with, a claim under
this Policy will not be payable.
UK Underwriting Ltd are an insurers agent and in the matters of a claim act on behalf of the
insurer.
2. Cover for replacement equipment
In the event of a valid claim resulting in the replacement of all or part of the Equipment, this
policy will not automatically cover the item or items of replacement equipment during the
remainder of the Policy Year in which the claim has been settled. However, the replacement
equipment may be insured on payment of an additional premium, which will be proportionate
to the value of the replacement equipment. If You have purchased cover for more than one
year and the Policy still has one year or more un-expired, the replacement equipment will
be insured under the Policy from the start of the next Policy Year but will not be insured
during the remainder of the Policy Year in which the claim has been settled unless an
additional premium has been paid.
3. Other Insurances
If, at the time a claim arises or is made, any other insurance exists for the benefit of You
covering the Insured Event (or which would, but for the existence of this policy, cover the
Insured Event) the Insurer will only be obliged to pay its rateable proportion of the sum due
under this Policy. In such circumstances, You or the other insurers must pay to the Insurer
the sum payable under the other insurance(s) prior to the repair or replacement of the
Equipment under this Policy or, at the option of the Insurer, You/other insurers and the Insurer
may pay their respective contributions direct to the repair company or supplier nominated
by the Insurer.
4. Other Precautions
You shall take all reasonable precautions to prevent the occurrence of an Insured Event.
5. Access
The Insurer or its representatives shall have the right at all reasonable times to have access
to the Equipment
6. Alteration & Modification
You shall notify the Insurer of any proposed alterations or modifications to the
Equipment and of any proposed departure from the normal working conditions in
which the Equipment is operated.
7. Subrogation
If a claim arises as a result of the act or default of a third party, at the request and expense
of the Insurer You shall take and permit to be taken in its name all necessary steps to enforce
its rights against any such third party.
8. Observance
The Insurer will not be liable to replace or repair Equipment under this Policy unless You
have duly complied with all of the terms and conditions contained in this Policy that apply
to it
9. Arbitration
If the Insurer has accepted a claim and any difference arises in connection with the replacement
or repair of Equipment, such difference shall be referred to an independent arbitrator to be
appointed by the parties in accordance with the relevant statutory provisions being in force
at that time
If this happens, the arbitrator must make a decision before You can take any legal action
against the Insurer. The arbitration proceedings shall take place in the United Kingdom and
be subject to the law of England and Wales.
10. Policy Voidable
This Policy shall be voidable in the event of;
a) Misrepresentation, mis-description, or non disclosure by You of any information
relating to this Insurance and/or Claim.
b) Unless otherwise agreed by the Insurer in writing, this Policy shall be avoided
in respect of any Equipment which is altered after the commencement of this
Policy in such a way that
i) the risk of the occurrence of an Insured Event is increased or
ii) Your interest ceases.
11. Fraud
You must not act in a fraudulent manner. If You or anyone acting for You make a claim under
the policy knowing the claim to be false or fraudulently exaggerated in any respect, or make
a statement in support of a claim knowing the statement to be false in any respect, or submit
a document in support of a claim knowing the document to be forged or false in any respect,
or make a claim in respect of any loss or damage caused by Your wilful act or with Your
connivance Then the Insurer:
i) Will not pay the claim
ii) Will not pay any other claim which has been or will be made under
the policy
iii) Will be entitled to recover from
You the amount paid under the policy since the
last renewal date
iv) May at the option of the Insurer declare the policy void
v) Will not make any refund
vi) May inform the police of the circumstances
12. Special Terrorism Provision
Notwithstanding Exclusion 6 below, this Policy covers an Insured Event occurring in the
United Kingdom of England, Wales, Scotland, Northern Ireland, the Channel Islands of the
Isle of Man occasioned by or happening through or in consequence of Terrorism. The
Insurerâ„¢s total liability under the Policy (or if more than one Policy has been issued, across
all Policies) in respect of all losses arising out of one occurrence of Terrorism, subject to all
other provisions of thus Policy including those relating to any contribution by You (or
contributions, if more than one Policy have been issued), shall not exceed the lower of
£100,000 (one hundred thousand pounds) in the aggregate or the sum of the limits of liability
stated in all Policies, if more than one Policy has been issued.
13. Legal
This Policy may only be relied on and enforced by the Insurer and Yourself and shall not be
directly or indirectly enforceable by any third party under the Contracts (Rights of Third
Parties) Act 1999 or otherwise.
EXCLUSIONS “ THIS INSURANCE DOES NOT COVER
1.Inherent defects, wear and tear etc
.
Damage to or destruction of the Equipment caused by
a) its own defective design materials or workmanship
b) latent defect, gradual deterioration or wear and tear
c) faulty or defective workmanship, operational error or omission on Your part or
any person using the Equipment with Your express or implied consent
d) corrosion, rust, condensation or evaporation, dampness, dryness, dust or change
in temperature
e) mechanical or electrical breakdown or derangement caused by the Equipment
itself; and
f) scratching, abrasion, change in colour, texture or finish of the Equipment casing
provided that this provision shall not exclude such damage or destruction which
itself arises from an Insured Event which is not excluded.
2.Unattended Equipment
The occurrence of an Insured Event whilst the Equipment is left unattended:
a) in a vehicle, unless the Equipment was:
i) in the locked boot of a saloon car; or
ii) concealed under the rear parcel shelf of a locked hatchback car; or
iii) concealed in the spare wheel or other closed compartment of a
locked state car; and the vehicle was forcibly entered and proof of
such forcible entry is provided on making a claim; or
b) in the open air, in a public place or in any outbuilding.
3. Intentional acts
An Insured Event occurring as a result of
a) intentional act or wilful neglect by You; or
b) intentional or reckless overloading of, or the imposition of any abnormal conditions
on, the Equipment.
4. Use by others
An Insured Event occurring whilst the Equipment is in the Custody of a Third Party. In this
exclusion, Third Party means;
a) if You are a private individual, anyone other than You or a member of Your
immediate family normally resident at the address shown in the Policy Schedule;
b) if You are an educational establishment (including a school, college or university),
anyone other than Your registered employees or students authorised to use
Equipment; and
c) if You are a company, partnership, governmental authority, public or private sector
organisation, charity or club, anyone other than a registered employee of You.
5. War Risk
Subject to Exclusion 6 below, an Insured Event occurring as a result of war, invasion, acts
of foreign enemies, hostilities whether war is declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power, confiscation, nationalism or requisition or destruction
or damage to property by or under the order of any government or public or legal authority.
6. Terrorism
An insured Event:
a) subject to the special Terrorism Provision above, United Kingdom of
England, Wales, Scotland, Northern Ireland, the Channel Islands or the
Isle Man occasioned by or happening through on consequence directly or
in directly of Terrorism; and
b) in Northern Ireland occasioned by or happening through or in consequence
directly or indirectly of
i) Civil Commotion or
ii) Terrorism,
In any action, suit or other proceedings where the Insurer alleges that by reason of
this exclusion and Insured Event is not covered by this Policy or is covered only up
to a specified limit of liability), the burden of proving that such Insured Event is covered
(or is covered beyond that limit of liability) will be on You.
7. Nuclear risk
Damage or destruction caused by, contributed to or arising from:
a. ionising radiation or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel; or
b. the radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or component thereof.
8. Sonic boom
Damage or destruction directly occasioned by pressure waves caused by aircraft or other
aerial devices traveling at sonic or supersonic speeds.
9. Loss of Data
Any loss of or damage to information or data contained in or stored on the Equipment (whether
arising as a result of the Insured Event or otherwise).
10. Consequential loss
Any consequential loss or damage arising from the Insured Event or from any cause
whatsoever. Consequential loss shall include, but not be limited to, any financial loss or the
cost of business interruption arising from the loss of use of the Equipment,. or the loss of
information contained in or stored on the Equipment, any time and cost involved in reinstating
such information and any liability to any third party for delay or non performance of any
contract with the third party. Consequential loss shall also include loss of use of any item of
Equipment (not itself subject to an Insured Event) due to its incompatibility with any item of
Equipment repaired or replaced pursuant to this Policy.
11. Guarantees
Any amount that is recoverable upon the occurrence of an Insured Event at no expense to
You under any guarantee, warranty, maintenance, rental hire or lease agreement.
COMPLAINTS PROCEDURE
Summit Insurance Services Limited is committed to maintaining a high standard of professional
conduct in all dealing with customers. If You have a query or complaint, You should contact
the Manager, CompuCover c/o Summit Insurance Services Limited, The Robbins Building,
Albert Street, Rugby, CV21 2SD (or telephone 01788 563100).
Summit Insurance Services promise to You that we will:
a) Acknowledge written complaints promptly,
b) Investigate quickly and thoroughly,
c) Keep You informed of progress,
d) Do everything possible to resolve Your complaint
e) Learn from Our mistakes,
f) Use information from complaints to continuously improve Our service.
In the event you remain dissatisfied and wish to make a complaint, you can do so by contacting
the following:
The Claims Manager
UK Underwriting Ltd
2 Gibraltar House
Bowcliffe Road
Leeds
LS10 1HB
If Your complaint is one of the few that cannot be resolved by this stage contact the Head
of Customer Care who will arrange for an investigation on behalf of the Chief Executive:
Head of Customer Care
AXA Insurance
Civic Drive
Ipswich
IP1 2AN
Tel: 01473 205926
Fax: 01473 205101
Email: customercare@axa-insurance.co.uk
If You are still dissatisfied with the Insurerâ„¢s final decision You may refer Your case to the
Financial Ombudsman Service (FOS). The FOS is an independent body that arbitrates on
complaints about general insurance products. It will only consider complaints after the Insurer
has provided You with written confirmation that the Insurerâ„¢s internal complaints procedure
has been exhausted.
The Ombudsman can be contacted at:
Insurance Division
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Tel: 0845 080 1800
Fax: 020 7964 1001
Referral to the FOS will not affect Your right to take legal action against the Insurer.
AXA Insurance UK plc is covered by the Financial Services Compensation Scheme (FSCS).
You may be entitled to compensation from the scheme, if they cannot meet their obligations.
This depends on the type of business and the circumstances of the claim. Most insurance
contracts are covered for 100% of the first £2,000 and 90% of the remainder of the claim.
You can get more information about compensation scheme arrangements from the FSCS.
Data Protection Act
Details of You and Your insurance cover will be held by the Insurer and Summit Insurance
Services Limited in their computer records for underwriting, processing, claims handling and
fraud prevention, subject to the provisions of the Data Protection Act 1998. The Insurer may
send it in confidence for processing to other companies in the AXA Group (or companies
acting on the Insurerâ„¢s instructions) including those located outside the European Economic
Area.
To help Us improve Our Service, We may record or monitor telephone calls.