Definitions applying to all sections of this insurance
Insured Person : a) Individual Cover. The person named overleaf. b) Family Cover. The person named overleaf and any spouse children step children foster children and adopted children below the age of eighteen all ordinarily resident with the Insured Person. Section 1. Personal Accident If during any Period of Insurance the Insured Person sustains Bodily Injury which arises whilst using a Pedal Cycle within the Territorial Limits and results in the death or Disablement of the Insured Person, the Insurers will pay the Insured Person or his/her estate the Benefit selected, or proportion of the Benefit specified, relative to the degree of disability. Definitions: 1) Bodily Injury as applying to Section 1 shall mean injury which is caused by accidental means and which within 12 months from the date of the accident results in the Insured person's Death or Disablement. Loss of Limb, shall include Loss of use of such Limb, Loss of Eye shall include total irrecoverable loss of sight. 2) Permanent Total Disablement shall mean disablement, caused other than by Loss of Limb or Eye,which has lasted for at least 12 months and will in all probability entirely prevent the Insured Person from engaging in any gainful occupation for the remainder of his/her life. 3) Accidental Death. If Bodily Injury to an Insured Person results in the Death of the Insured Person, the Insurers will pay the Benefit stated. 4) Hospital Cash Benefit. If Bodily Injury to an Insured Person results in hospital in-patient treatment of the Insured Person, the Insurers will pay the Benefit stated. The Benefit will be payable for up to 100 days from the third day of confinement. Conditions: 1. Benefit for any permanent disability not noted under Section 1 will be calculated by the Insurers with reference to medical assessment of the degree of disability relative to this scale, but no benefit shall be payable where the degree of disability is assessed to be less than 5% provided that:- a) The total Benefit payable shall not exceed 100% of the Benefit stated in this Insurance for each Insured Person as the result of any one accident. b) If Benefit is payable for loss of, or loss of use of a whole limb the Benefits for parts of that limb cannot also be claimed. c) Any existing disability will be taken into account in assessing Benefits payable in respect of permanent disability resulting from any subsequent Bodily Injury. 2. The Insured Person shall at their expense furnish to the Insurers such certificates, information and evidence as the Insurers may from time to time reasonably require in the form prescribed by the Insurers. The Insurers shall be allowed at their own expense, upon reasonable notice to the Insured to have a medical examination of the Insured Person. 3. The Insurers shall not be concerned with or affected by any notice or trust charge lien assignment or other dealing concerning this Insurance, and the receipt of the Insured Person or legal personal representatives shall in all cases absolutely discharge the Insurers. 4) No sum payable under this Insurance shall carry interest Exclusions: The Insurers shall not be liable in respect of Bodily Injury 1) directly or indirectly consequent upon:- a) the Insured Person committing or attempting to commit suicide, or intentionally inflicting self-injury b) the Insured Person having taken a drug unless the drug was taken in accordance with proper medical prescription and directions and not for drug addiction treatment. c) The Insured Person suffering from sickness or disease not directly resulting from Bodily injury d) The Insured Person being under the influence of alcohol. 2. suffered after the expiry of the Period of Insurance during which the Insured Person attains the age of 75 years. Section 2. Personal Liability The Insurers will subject to the Terms Exclusions and Conditions of this Insurance indemnify the Insured Person(s) against all sums which the Insured Person(s) shall become legally liable to pay as damages whilst using a pedal cycle within the Territorial Limits in respect of:- 1) accidental bodily injury (which for the purpose of section 2 shall include death, disease and illness) to any person other than the Insured Person(s) caused during the Period of Insurance 2 accidental loss of or damage to material property caused during the Period of Insurance The liability of the Insurers under this cover for all damages in respect of any one occurrence or any series of occurrences arising directly or indirectly from any one source or original cause shall not exceed £250,000 and shall not be payable until all liability cover held elsewhere has made payment for the same event and has been exhausted. The Insurers will also pay:- a) all costs and expenses recoverable by a claimant from the Insured Person(s) b) all costs and expenses incurred with the written consent of the Insurers in respect of any claim to which the indemnity expressed in this Insurance applies Conditions : The Insurers may at any time pay to the Insured Person(s) in connection with any claim or series of claims the Limit of Indemnity (after deduction of any such sum(s) already paid as compensation) or any lesser amount for which such claim(s) can be settled and on such payment being made the Insurers shall relinquish the conduct and control of and be under no further liability in connection with such claim(s) except for the payment of costs and expenses recoverable or incurred prior to the date of such payment Exclusions: The Insurers shall not be liable in respect of:- 1) loss of or damage to property belonging to or held in trust by or in the custody or control of the Insured Person. 2) the carrying on of any trade business or profession 3) any liability attaching to the Insured Person by reason of any express term of any contract unless such liability would have attached to the Insured Person notwithstanding such term 4) any liability for which indemnity is provided under any other contract of insurance in the name of the Insured Person or any other person who is legally responsible for the Insured Person Section 3. Legal Protection The Insurers will indemnity the Insured Person in accordance with the terms condition and exclusions of this Insurance against Legal Costs incurred up to the Limit of Indemnity in the pursuit of legal proceedings against a negligent third party arising out of any accident occurring whilst using a pedal cycle which results in: a) damage to the pedal cycle or b) damage to any personal property owned by the Insured whilst on the pedal cycle providing such property had not been acquired for use in any business trade or progression or c) death or bodily injury on the Insured provided that in our opinion the claim is of sufficient merit to justify the pursuit of legal proceedings and arises within the Territorial Limits and during the Period of Insurance Definitions: Solicitor The suitably qualified Lawyer instructed to act for the Insured Person Legal Costs The reasonable and irrecoverable costs incurred by the Solicitor on a standard basis and the standard costs of civil proceedings which the Insured Person is ordered to pay by a court or which are agreed in a negotiated settlement with the Insurers consent Limit of Indemnity £25,000 shall be the maximum liability of the Insurers in respect of each occurrence including all incidents related by time or cause after aggregation of all Legal Costs of the Insured Person and the third party in so far as the Insurers are liable to pay them Conditions: 1 The Insured Person must take all reasonable steps to minimise any amount claimed 2 a) The Insurers can: i) attempt to make fair settlement before Solicitors are instructed or legal proceedings are issued ii) instruct a Solicitor before the Insured Person's nomination is known b) If the Insurers consider legal proceedings are appropriate The Insured Person has the right to nominate a Solicitor to act by immediately providing the name and address of this nomination in writing c) The Insurers may refuse this nomination in exceptional circumstances. Should any difference arise as a result of the exercise of this discretion the Insured Person shall have the right to refer any dispute to arbitration d) A Solicitor will be appointed by the Insurers in the name of and on behalf of the Insured Person 3. The Insured Person will be required to:- a) inform the Insurers at once of all offers to settle the claim. No offer of settlement or negotiation of same can be made without the Insurers agreement b) if requested instruct the Solicitor to have Legal Costs taxed assessed or audited c) take all steps possible to recover any Legal Costs or other costs or expenses incurred by the Insurers and pay such amounts recovered to the Insurers 4. If the Solicitor refuses to act further for the Insured Person all cover under this Insurance shall cease unless the Insurers agree to instruct another Solicitor 5. If the Insured Person withdraws from a claim without the Insurers agreement all Legal Costs incurred will become the responsibility of the Insured Person and the Insurers will be entitled to reimbursement by the Insured Person of all costs paid and incurred in the conduct of this claim or which the Insurers consider they are obliged to pay as a result of the withdrawal 6. At their discretion the Insurers may discharge their liabilities to the Insured Person by paying an amount equal to that claimed 7. Nothing in this Insurance shall affect the right of the Insured Person to recover an amount under or by virtue of the provisions of the law provided that the Insured Person shall repay to the Insurers all sums paid by them which are so recovered 8. In the event of a dispute arising the Insured Person may ask for the dispute to be considered by the senior officer of the Insurers and in the event of the dispute still not being resolved the dispute may be referred to an independent arbitrator appointed by the President of the Chartered Institute of Arbitrators which appointment and subsequent arbitration shall be binding on both parties with costs of the arbitration following the award made 9. The Parties are free of choose the law applicable to this Insurance Contract. Unless specifically agreed to the contrary this Insurance shall be subject to English Law. Exclusions: 1. Legal Costs including the cost of any appeal which are incurred without the Insurers written consent or prior to written acceptance of the claim 2. Legal Costs expenses fines or other penalties the Insured Person is ordered to pay by a court of criminal jurisdiction 3. All claims or legal proceedings between Insured Persons 4. Claims where the Insured Person takes action without the Insurers written consent. 5. The pursuit of claims in respect of any loss which is otherwise insured Conditions applicable to all sections: 1. Any word or expression to which a specific meaning has been attached shall bear such meaning wherever it may appear 2. The insured Person shall:- a) on the happening of any accident likely to give rise to a claim under this insurance notify the Insurers of full details of the incident. Such notification must be received by the Insurers within 6 months of the accident or of any claim being made against the Insured Person b) provide immediate written notice to the Insurers of any prosecution or inquest in connection with any circumstances which may give rise to a claim under this insurance c) send all letters notices and communications regarding a claim to the Insurers upon receipt and fully assist the Insurers and provide all information the Insurers may reasonably require d) give such instructions to the Solicitor as the Insurers may reasonably require and fully co-operate with both the Solicitor and the Insurers in all respects keeping the Solicitor and the Insurers fully advised of all developments in the claim 3. The Insurers may:- a) take over and conduct in the name of the Insured Person(s) the settlement or defence of any claim at any time b) take proceedings for their own benefit but in the name of the Insured Person(s) to recover any payment they have made under this insurance 4. If any claim under this insurance shall be in any respect fraudulent or if any fraudulent means or devices shall be used by the Insured Person(s) or anyone acting on the Insured Person's behalf or by the Insured Persons legal representative to obtain benefit or indemnity under this insurance then the Insurers shall be under no liability in respect of such claim. 5. No admission offer promise payment or indemnity shall be made without the written consent of the Insurers 6. The Insurers may cancel this insurance by giving the Insured Person 14 days written notice to the Insured Persons last known address 7. The due observance and fulfilment of the terms exclusions and conditions of this insurance insofar as they relate to anything to be done or complied with by the Insured Person and by his/her personal representatives shall be conditions precedent to the liability of the Insurers to make any payment under this insurance Exclusions applicable to all sections of this insurance: Claims arising from :- a) any wilful malicious or illegal act of the Insured Person b) ionising radiation or contamination by radioactivity from an irradiated nuclear fuel or from any nuclear waste from the combustion fuel c) any radioactive toxic explosive or other hazardous properties of any nuclear assembly or components thereof d) riot civil commotion war invasion acts of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection military or usurped power or confiscation nationalisation requisition destruction or damage to property by or under the order of any government This Insurance is underwritten by:- I.G.I. Insurance Company Ltd Minerva House Spaniel Row Nottingham NG1 6EP