BENCHMARK HOLIDAY HOME · Dublin 16 D16 FC92. Telephone:1890 290 100 Outside Ireland: 00353 1 290...

HOME INSURANCE

PolicyBENCHMARK HOLIDAY HOME

RSHH3015 09_16 V2_RS_HH_3015_02_14_approved 25/08/2016 14:18

Your Claims Helpline Number is notedon your policy schedule

Emergency Home Assist HelplineWe provide an emergency 24 hour Home Assist emergency helpline which can

provide you with a connection to an approved network of repairers(plumbers, electricians, glaziers, locksmiths, roofers etc.) to help alleviate the

effects of a loss as quickly as possible. See your policy schedule for the contactnumber.

RSHH3015 09_16 V2_RS_HH_3015_02_14_approved 25/08/2016 14:18

ContentsPage

Welcome 2

Law 3

Complaints 4

Definitions 5-6

Section 1: Buildings 7

Section 1: Additional Benefits 11

Section 1: Loss of Rent 12

Section 2: Contents 13

Section 2: Additional Benefits 16

Section 3: Liability to Others 17

Section 4: Liability to Domestic Employees 18

Sections 1 & 2: Loss Settlement Basis 19-20

Unoccupied Properties – Special Terms and Conditions 21

Policy Terms and Conditions 22-23

Claims 24-25

General Exclusions 26-28

Data Protection 29-30

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RSHH3015 09_16 V2_RS_HH_3015_02_14_approved 25/08/2016 14:18 Page 1

Welcome to the Benchmark Holiday HomeInsurance Policy and thank you for arrangingyour insurance with us. Your HomeInsurance is underwritten by RSA InsuranceIreland DAC.

Please check your proposal form to ensurethat the details contained on it are accurateas this document forms the basis of yourinsurance contract. Your acceptance of thispolicy indicates your agreement that thedetails contained on the proposal form areaccurate.

If the schedule details do not agree with thedetails completed on your proposal form,or if the details on the proposal form areincorrect, then please return themimmediately with a note of the changes thatshould be made.

Please also read this Policy carefully toensure that it provides the cover yourequire. Your policy schedule sets out whichsections of cover you have purchased andyour sums insured. Please examine thispolicy, your schedule and any endorsementpages to make sure that they give youprotection according to your present needs.

DUTY OF DISCLOSUREYou should advise immediately if the use ofyour home changes, such as it becoming letout to tenants, becoming unoccupied orbeing used for a business purpose. Youshould also advise immediately if the natureof your home changes in a way that mightaffect our attitude to the cover providedsuch as during the building of an extension.If you are in any doubt as to whethera change is material, please notify it.

The reinstatement value of your Buildingsshown in the Schedule will be adjusted ateach renewal to reflect increased rebuildingcosts. You should satisfy yourself that thisvalue is adequate to cover the fullrebuilding cost of the entire Buildings,including the cost of professional fees andsite clearance. If the sums insured areinadequate, it may affect the settlement ofany claims you submit under the policy.We may at any time, on the advice of asurveyor or loss adjustor, amend the sumsinsured so that they represent the truevalues at risk.

WELCOME

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Benchmark Underwriting Ltd t/a Benchmark is regulated by the Central Bank of Ireland.RSA Insurance Ireland DAC. is regulated by the Central Bank of Ireland.


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BENCHMARK HOLIDAY HOME INSURANCE POLICYThis Policy, which includes and shall be readas one document with the Schedule,Endorsements, Proposal Form andStatement of Facts Declaration, evidences acontract of insurance between you andRSA Insurance Ireland DAC.

Provided you have paid or agreed to paythe premium RSA Insurance Ireland DAC.will, subject to the terms, conditions,limitations and exclusions of this Policyprovide the insurance as described in thefollowing pages for those sections of thepolicy you have chosen.

All monies which become or may becomedue under this Policy will in accordancewith Section 93 of the Insurance Act 1936be payable and paid in the Republic ofIreland in Euros unless we specifically sayotherwise.

Premiums are subject to Government Levyand/or contribution where applicable.

Stamp Duty has been or will be paid inaccordance with Section 5 of the StampDuties Consolidation Act 1999 (asamended).

CONTRACT LAWThe parties to a contract of insurancecovering a risk situated in the Republic ofIreland are permitted to choose the lawapplicable to the contract. This insurancecontract will be governed by Irish Law.

Communications between you and usabout this Policy will be in English.

The insurer that you have entered into acontract with is RSA Insurance IrelandDAC.Where Benchmark Underwriting Ltd. issuesLegal Expenses cover in association withthis Home Insurance, a separate wordingwill be issued. Any such cover provided willapply only for as long as this HomeInsurance remains in force. Details of theinsurer with which the contract will beconcluded will be clearly stated on thePolicy Schedule.

RSA is a registered business name of RSAInsurance Ireland Designated ActivityCompany (DAC). RSA Insurance IrelandDAC trading as RSA is regulated by theCentral Bank of Ireland and is a privatecompany limited by shares registered inIreland under number 148094 withregistered office at RSA House, DundrumTown Centre, Sandyford Road, Dundrum,Dublin 16.

Ken NorgroveChief Executive Officer RSA Insurance Ireland DAC


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CUSTOMER COMPLAINTSPROCEDURE

We are committed to providing ourcustomers with a high standard of serviceat all times. If you have a complaint inconnection with company service, thedetails of your policy, perceived conflict ofinterest or treatment of a claim pleasecontact your Insurance Broker or ourCustomer Service team at;

RSA Insurance Ireland DACRSA HouseDundrum Town CentreSandyford RoadDublin 16D16 FC92. Telephone: 1890 290 100 Outside Ireland:00353 1 290 1000Email: [email protected]

In the event of your complaint not beingresolved to your satisfaction you maycontact The Insurance Information Service,Insurance Ireland, Insurance Centre, 5Harbourmaster Place, IFSC, Dublin 1, DO1E7E8. Telephone (01) 676 1820 or theFinancial Services Ombudsman’s Bureau,3rd Floor, Lincoln House, Lincoln Place,Dublin 2, D02 VH29. Telephone 1890 882090 or (01) 662 0899.

BENCHMARK CUSTOMER SERVICE


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DEFINITIONSAny wording or expression, which is given a specific meaning in this Policy, will have the samemeaning wherever it appears.

The Insured/You: The person(s) named on the Schedule as the Insured.

We/Us/The Company: RSA Insurance Ireland DAC

Aerials Satellite dishes, television or radio aerials, aerial fittings, aerial masts andtheir plinths.

Buildings The Buildings is made up of two parts namely:

a. the Holiday Home (which includes garages with direct and exclusive access from the Holiday Home but not shared garages, car parks or any communal parking facilities) including fixtures and fittings therein and thereon, occupied for residential purposes only, built with brick, stone or concrete and roofed substantially with slates, tiles, or other incombustible materials and,

b. domestic outbuildings, detached garages (but not shared garages, car parks or any communal parking facilities), swimming pools, tennis courts, including fixtures and fittings therein and thereon, fuel storage tanks, terraces, patios, driveways, footpaths, walls, gates and fences

all situate as stated in the Schedule on a site not exceeding two acres inarea.

Contents Household goods and personal effects and Satellite Dishes, Television orRadio Aerials/Masts not exceeding 30 feet in height, all belonging to you(or for which you are legally responsible) or belonging to members ofyour household and domestic employees residing with You, all in theHoliday Home and domestic outbuildings.

Excluding:1. Property otherwise insured.2. Property of any tenant.3. Motor vehicles, (other than mechanically propelled lawnmowers), water craft (other than

canoes, rubber dinghies, sail boards, surf boards), caravans, trailers and aircraft or parts, keys or accessories of, on or in any of them.

4. Animals and livestock.5. Deeds, bonds, securities for money, manuscripts, certificates, bills of exchange, promissory

notes and documents of every kind unless specifically mentioned.6. Property used in connection with any trade or business.


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DEFINITIONSDomestic Employee Any employee of the Insured carrying on solely private domestic duties

in connection with the Buildings (including repair, maintenance ordecoration but excluding work involving structural alterations, roofrepairs, demolition, construction or any operation incidental thereto, orfarming). Independent contractors and/or consultants and/or theiremployees are also excluded.

Endorsement Any alteration to this Policy wording.

Fungi Any type or form of fungus, including but not limited to, all forms ofmould or mildew and any mycotoxins, spores, scents, vapours, gas orsubstance including any by-products produced or released by fungi.

Policy Excess The amount, shown on the Schedule, of any loss you must pay yourself,unless otherwise indicated within the Policy or Schedule.

Household You and others that permanently reside with you.

Money Banknotes, coins, cheques, bank drafts, postal or money orders, stamps(not forming part of a collection), savings stamps and Certificates,premium bonds, gift tokens, travel tickets.

Period of Insurance The period shown on your Schedule and any subsequent period forwhich we accept a renewal premium.

Personal Effects Articles normally worn or carried on the person

Unfurnished Not adequately furnished or equipped for normal living purposes. In thecase of a newly constructed or renovated house, it will be deemedUnfurnished if either the water or electricity service has not beenconnected.

Unoccupied Not stayed in overnight by a member of your Household or any otherperson authorised by you.

ALL OTHER DEFINITIONS AS DETAILED IN THE POLICY


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WHAT YOUR POLICY COVERSLoss, destruction and/or damage caused by:

1) Fire, Explosion, Lightning, Earthquake and Thunderbolt

2) Smoke

Meaning direct damage from smoke including the sudden and unusual operation of any domestic heater or domestic cooking appliance located within the Buildings.

3) Storm or Flood

4) Freezing, Escape or overflow of Waterfrom within any plumbing or Heating system, fixed water apparatus or fixed domestic appliance. Trace and Access

We will pay up to a maximum of €750 to remove or replace any part of the Buildings necessary to repair any fixed domestic water, gas or heating installation from which water has escaped.

EXCLUDING LOSS OR DAMAGE

• by smoke from fireplaces or any gradually operating cause or process

• by smog or from agricultural or industrialoperations.

• to fences and gates, lawns, hedges,trees, shrubs and plants,

• by frost,• to roofs constructed with torch-on

mineral or other felt exceeding 10 years of age.

• while the Holiday Home is unfurnished• to any plumbing or heating system, fixed

water apparatus or fixed domesticappliance from which the water escapes,

• to any fixed water or heating installation due to wear and tear, rust or gradual deterioration

• resulting from escape or overflow of water from gutters,

• caused by the gradual ingress of water from shower units and baths,

• should you retain any experts or contractors other than those carrying out emergency works without our express consent. The engagement of these experts or contractors will at all times be subject to our approval, and wereserve the right to select experts from our own panel.

SECTION 1: BUILDINGS


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BUILDINGS


5) Escape or overflow of Oil from withinany plumbing or heating system orFixed Domestic Appliance. Trace and AccessWe will pay up to a maximum of €750to remove or replace any part of theBuildings necessary to repair any fixeddomestic water or heating installationfrom which oil has escaped.

6) Stealing (or Attempted Stealing)

7) Impact by Aircraft, Aerial Devices or Articles dropped from them, Rail Vehicles, Road Vehicles or Animals

8) Falling Trees and Branches and/or falling External Television/Radio Aerials,Masts and Satellite Dishes

9) Riot, Civil Commotion, Strikers, Locked-out Workers or Persons Taking Part in Labour Disturbances

10) Malicious Damage and Vandalism



water apparatus or fixed domestic appliance or tank from which the oilescapes,

• to any fixed water or heating installationdue to wear and tear, rust or gradualdeterioration

• should you retain any experts orcontractors other than those carrying out emergency works without our express consent. The engagement of these experts or contractors will at all times be subject to our approval, and we reserve the right to select experts from our own panel.

• while the Holiday Home is unfurnished• to any part of the Buildings which are

lent let or sub-let unless involving entryor exit by forcible or violent means.

• to Buildings caused by animals owned byYou or by a tenant.

• caused by felling of trees or lopping ofbranches,

• to hedges and fences,• arising from the cost of removing fallen

trees unless they have otherwiseresulted in a valid claim under the Policy.

• to boundary walls, hedges, tennis courts,gates, fences, terraces, patios, driveways,footpaths, swimming pools.

Other than by Malicious Fire and Explosion:• while the Holiday Home is unfurnished• by any person lawfully on the premises

or any person invited onto the premisesby You, by a member of your householdor by a tenant.

• to boundary walls, hedges, tennis courts,gates, fences, terraces, patios, driveways,footpaths, swimming pools.


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BUILDINGSEXCLUDING LOSS OR DAMAGE

• resulting from demolition, structuralalteration or structural repair,

• resulting from faulty workmanship,defective design, the use of defectivematerials, settlement of newly made upground and coastal, lake or river erosion,

• to boundary walls, gates, fences, terraces, patios, driveways, footpaths, swimming pools and tennis courts unless the Holiday Home is damaged at the same time by this cause,

• resulting from the bedding down of anystructure,

• to solid floor slabs or loss or damageresulting from the movement thereofunless the foundations beneath theexternal walls of the Insured ResidentialProperty are damaged by the same causeand at the same time,

• resulting from tunnelling work,• should you retain any experts or contractors

other than those carrying out emergency works without our express consent. The engagement of these experts or contractors will at all times be subject to our approval, and we reserve the right to select experts from our own panel,

Also excluding the first €1,000 of each andevery loss.


11) Subsidence or Heave of the Site onwhich the Insured residential propertystands or Landslip


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12) Accidental Damage (but only ifindicated as covered on the Schedule)


• to the Buildings other than to theHoliday Home itself

• by settlement and shrinkage,• caused by animals owned or in the care

custody or control of You, members of your Household or tenants,

• caused by scratching, abrading ordenting,

• caused by faulty workmanship, defectivedesign, the use of defective materials orloss or damage resulting from them,

• to pottery, porcelain, terracotta, glass orother brittle articles, while being handledor actively used,

• to photographic, television, radio orother receiving, recording or reproducing equipment as a result of thefitting, repairing, adjusting, or dismantlingof any part of such apparatus, or to lamps, tubes, or electronic components in such apparatus,

• to records, audio, video or computerdiscs, compact disks, tapes or cassettes,

• as a result of tree root action,• which comes within the terms of any

exclusion or limitation set out in thisPolicy including, but not limited to,Paragraphs (1) to (11) of this section.

BUILDINGS

Note: For exclusions which apply to the whole of your Policy see Unoccupied Properties – Special Terms and Conditions on Page 21, Policy Terms and Conditions on Page 22 and General Exclusions on Page 26


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Debris Removal CostsWe will pay for the cost of debris removal,demolition and/or shoring up costsnecessarily incurred with our consentfollowing loss or damage to the Buildings byan insured cause.

Architects/Surveyors FeesArchitects/Surveyors and Legal Feesnecessarily and reasonably incurred, withour consent in the reinstatement of theBuildings following loss or damage to theBuildings by an insured cause but excludingfees incurred by You in the preparation of aclaim.

Reinstatement of Sum Insured after LossThe Sums Insured will not be reduced bythe amount of any loss.

Public Authorities Requirements CostsWe will pay the cost of complying with anyGovernment, Local Authority, Building orother Regulation to the extent that theseapply to parts of the Buildings damaged byan insured cause (but not where notice hasbeen served on You prior to theoccurrence of the loss or damage).

Purchaser’s InterestIf you have contracted to sell the Buildings,the contracting purchaser will have, at yourrequest, the benefit of this Section up tothe date of completion of the sale. Thisextension only applies if the Buildings is nototherwise insured and shall not prejudiceyour or our rights.

Service Pipes and CablesWe will indemnify You for accidentaldamage to service pipes and cables forwhich You are legally responsible. The totalamount payable is limited to 5% of theBuildings Sum Insured.

Breakage of Glass and Sanitary FittingsAccidental breakage of:(i) fixed glass in doors, windows, skylights,

fanlights and verandas,(ii) fixed wash-hand basins, fixed baths,

cisterns, fixed sanitary fittings and fixed shower units, glass in fixed furniture, fixed hobs and fixed mirrors.

Excluding loss or damage• to swimming pools.

Clean Up ExpensesVouched expenses incurred to clean up(but not to landscape), following escape ofoil from any fixed domestic system orappliance will be paid, subject to amaximum amount of €1,000 and providedno payment is made under contents coveron this or any other insurance policy.

Excluding loss or damage• while the Private House is

unfurnished

Door Locks ReplacementWe will pay the cost of replacing externaldoor locks and keys of your Buildings,specified in the Schedule, where the keys ofsuch locks have been stolen following abreak-in at the Private House or followingan assault on You or a member of yourHousehold. The maximum amountpayable will be €500.

Fire Brigade ChargesWe will pay the cost of the charges madeon You by a local authority (as permitted bylegislation) for Fire Brigade attendance, as aresult of any incident which is insured byyour Policy. The maximum amount payablewill be €1,000.

Title DeedsThe cost of preparing new title deeds tothe Buildings if they are lost or damagedwhile in the Holiday Home or in your bankfor safe-keeping. The maximum amountpayable is €750.

SECTION 1: BUILDINGSSECTION 1 ALSO COVERS THE FOLLOWING BENEFITS


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Applicable only if Rental Use Allowed isshown as operative on the Schedule

We will pay for loss of rent you shouldhave received but were unable to collectwhile the Holiday Home was unfit to live inas a result of an insured cause.

This cover is limited to the periodnecessary for reinstatement and the totalamount payable is limited to 20% of theBuildings sum insured or the equivalent of12 months rent, whichever is the lesser.

The amount payable is limited to the rentthat could reasonably have been expectedto be received given the pre-loss conditionof the property and the general rentalprospects of the Holiday Home. We willtake into account historical rental incomeachieved and advance bookings in theperiod in question. Rental income inrespect of the months October to Marchinclusive will not be covered unless there isa historical pattern of such rentals or anadvance booking for the period in question.

We will not pay for:a. any rent owed to you for a period

prior to the lossb. any share of rents or any other charges

or expenses payable to letting agentsc. loss of rent after the Holiday Home is

fit to be letd. the refunding of any deposits to tenants

SECTION 1: BUILDINGS - LOSS OF RENTSECTION 1 ALSO COVERS THE FOLLOWING BENEFITS



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1) Fire, Explosion, Lightning, Earthquake and Thunderbolt

2) Smoke Meaning direct damage from smoke including the sudden and unusual operation of any domestic heater or domestic cooking appliance located within the Buildings.

3) Storm or Flood

4) Freezing, Escape or overflow of Waterfrom within any plumbing or Heatingsystem, fixed water apparatus or fixeddomestic appliance. Trace and AccessWe will pay up to a maximum of €750 to remove or replace any part of theBuildings necessary to repair any fixeddomestic water, gas or heating installation from which water hasescaped but only if no payment hasbeen made under the buildings cover ofthis or any other policy.

5) Escape or overflow of Oil from withinany plumbing or heating system orFixed Domestic Appliance. Trace and AccessWe will pay up to a maximum of €750 to remove or replace any part of theBuildings necessary to repair any fixeddomestic water or heating installationfrom which oil has escaped but only if no payment has been made under thebuildings cover of this or any other policy.


• by smoke from fireplaces or any gradually operating cause or process

• by smog or from agricultural or industrialoperations.

• by frost

• while the Holiday Home is unfurnished• resulting from escape of water or

overflow of water from gutters• caused by the gradual ingress of water

from shower units and baths,


water apparatus or fixed domestic appliance or tank from which the oilescapes,

• to any fixed water or heating installationdue to wear and tear, rust or gradualdeterioration

• should you retain any experts orcontractors other than those carrying out emergency works without our express consent. The engagement of these experts or contractors will at all times be subject to our approval, and wereserve the right to select experts from our own panel.

SECTION 2: CONTENTS



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CONTENTS


6) Stealing (or Attempted Stealing)

7) Impact by Aircraft, Aerial Devices orArticles dropped from them, RailVehicles, Road Vehicles or Animals

8) Falling Trees and Branches and/orfalling External Television/RadioAerials, Masts and Satellite Dishes

9) Riot, Civil Commotion, Strikers,Locked-out Workers or Persons Taking Part in Labour Disturbances

10) Malicious Damage and Vandalism

11) Subsidence or Heave of the Site onwhich the Insured ResidentialProperty stands or Landslip

EXCLUDING LOSS OR DAMAGE:

• while the Holiday Home is unfurnished• to any part of the Buildings which are

lent let or sub-let unless involving entryor exit by forcible or violent means.

• to Contents caused by animals owned by You or by a tenant.

• caused by felling of trees or lopping ofbranches,

• damage to aerials• arising from the cost of removing fallen

trees unless they have otherwiseresulted in a valid claim under the Policy.

Other than by Malicious Fire and Explosion:• by any person lawfully on the premises

or any person invited onto the premisesby You, by a member of your householdor by a tenant.

• while the Holiday Home is unfurnished

• to the Contents unless the Insured Holiday Home is damaged simultaneously.



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CONTENTSEXCLUDING LOSS OR DAMAGE:

• by settlement and shrinkage,• caused by animals owned or in the care

custody or control of You, members ofyour Household or tenants,

• caused by scratching, abrading or denting,• caused by faulty workmanship, defective

design, the use of defective materials orloss or damage resulting from them,

• to pottery, porcelain, terracotta, glass orother brittle articles, while being handledor actively used,

• to photographic, television, radio or otherreceiving, recording or reproducingequipment as a result of the fitting,repairing, adjusting, or dismantling of any part of such apparatus, or to lamps, tubes, or electronic components in such apparatus,

• to records, audio, video or computer discs, tapes or cassettes,

• as a result of tree root action,• which comes within the terms of any

exclusion or limitation set out in this Policy including, but not limited to, Paragraphs (1) to (11) of this section.

The maximum cover in respect of Money is€500

The maximum cover in respect of any one itemis 5% of the contents sum insured or €2,500(whichever is higher)


12) Accidental Damage (but only ifindicated as covered on the Schedule)

The maximum cover in respect of contentsof locked domestic outbuildings is €3,000any one loss

The maximum cover in respect of SatelliteDishes/Television or Radio Aerials/Masts is€1,000 any one loss


SECTION 2: CONTENTSINNER LIMITS


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Reinstatement of Sum Insured after LossThe Sums Insured will not be reduced bythe amount of any loss.

Visitors and Guests PropertyLoss of or damage to the property ofvisitors and guests other than Paying Guestsby an insured cause is included up to a limitof €1,000 of any one loss.

Audio and Audiovisual Equipment(applicable only if Accidental Damage toContents is not included)We will pay the cost of replacing orrepairing your television, video, stereo andhi-fi equipment and personal computers ifthey are accidentally damaged whilst in theHoliday Home. The maximum we will payin any one period of insurance is €1,000.

EXCLUDING LOSS OR DAMAGE• to records, audio, video or computer

discs, tapes or cassettes,• caused by animals owned or in the care

custody or control of you or members of your Household,

• the cost of replacing or repairing any item or equipment following breakdown, malfunction or misuse,

• damage to any item or equipment designed to be portable whilst it is being moved, carried or transported,

• while any item or equipment is being used professionally.

Breakage of Glass and Sanitary FittingsAccidental breakage of fixed glass infurniture, hobs and mirrors.

EXCLUDING LOSS OR DAMAGE• to any item broken or cracked at the

commencement of this insurance,• to swimming pools,• to any part of the Holiday Home

which is lent, let, sub-let• while the Holiday Home is unfurnished,• where the Holiday Home has been

Unoccupied for more than 35 consecutive days immediately prior to the loss or damage,

• to hand mirrors

Compensation for death of Insured and/orSpouseWe will pay €2,500 in the event of you oryour spouse’s death by accident, as a resultof:(1) fire, explosion, lightning or assault by

thieves at the Buildings,(2) travelling as a passenger by train, bus,

licensed taxi or hackney,(3) assault in the street,where death occurs within three calendar months of such accident.

SECTION 2: CONTENTSSECTION 2 ALSO PROVIDES THE FOLLOWING BENEFITS



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WHAT YOUR POLICY COVERS

We will indemnify You against all sumswhich You shall become legally liable to payfor accidents happening in or about theBuildings which result in

(i) death, bodily injury or illness to anyperson other than- you or members of your household- employees of You or members of

your household

(ii) accidental damage to property otherthan property belonging to or under the control of- You or members of your household- employees of You or members of

your household

The amount payable in respect of any oneevent or series of events under this policy(including any other section of the policy)constituting one occurrence will not exceed€3,000,000 inclusive of all legal fees andother expenses.

In the event of your death We will, inrespect of liability incurred by You,indemnify your personal representatives inthe terms of and subject to the limitationsset out, provided that such personalrepresentatives will, as though they werethe Insured, observe, fulfil and be subject tothe terms, exceptions and conditions of thePolicy insofar as they can apply.

Restriction in cover for Contents onlypolicies

If Section 1 Buildings is not operative thencover provided by this Section 3 is limitedto accidents happening inside the HolidayHome.

EXCLUDING LIABILITY IN RESPECT OF:

• the ownership or use of any land orbuilding other than the Buildingsspecified in the Schedule,

• the occupation of any land or buildingother than the Buildings specified in theSchedule,

• the ownership or use of any lift owned by you or for the maintenance of which you are responsible

• the exercise of any profession, trade orbusiness

• the provision of rented holidayaccommodation at the Holiday Homeunless advised to us.

• any wilful or malicious act,• arising from work of a construction or

reconstruction nature or structuralalterations or demolition, or any operation incidental thereto

• the transmission of any communicabledisease

• matters arising in a personal capacityother than as owner and occupier of theBuildings

• any contract which imposed on youliability which you would not otherwisehave been under

(This section is automatically covered)

SECTION 3: LIABILITY TO OTHERS



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WHAT YOUR POLICY COVERS

Liability to Domestic EmployeesWe will indemnify you against all sumswhich You shall become legally liable to payas employer for death, bodily injury orillness to any Domestic Employee while inyour employment in connection with theBuildings. The amount payable in respect ofany one event or series of eventsconstituting one occurrence under thispolicy (including any other section of thepolicy) shall not exceed €3,000,000inclusive of all legal fees and otherexpenses.

EXCLUDING LIABILITY IN RESPECT OF:

• any agreement unless liability would have otherwise applied,

• any wilful or malicious damage,• death, bodily injury or illness arising from

work of a construction or reconstruction nature or structural alterations or demolition or any operation incidental thereto

• accidents to independent consultants orcontractors and/or their employees

• death, bodily injury or illness caused toother members of your Household.

(This section is automatically covered)

SECTION 4: LIABILITY TO DOMESTIC EMPLOYEES



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BuildingsAny admitted claim (excluding claims inrespect of felt roofs) will be settled on anew for old basis without deduction forwear, tear or depreciation, provided:(i) the Buildings have been maintained in

good repair(ii) the buildings sum insured at the time

of a loss is not less than the full cost ofrebuilding the entire buildings asdefined inclusive of fees and removalof debris

(iii) repair or replacement is carried outwithout undue delay.

Otherwise, claims will be settled on anindemnity basis with an appropriatededuction for wear, tear and depreciation.

Claims in respect of felt roofs, will (subjectto the exclusion under paragraph 3 –Storm and Flood) be dealt with on anindemnity basis i.e. deduction will be madefor wear, tear and depreciation.

We will indemnify You by payment or, at our option, by reinstatement, replacementor repair,for loss or damage by any of thecauses listed to the Buildings, subject to theterms, limitations, exceptions andexclusions set out in this Policy.In the event of a loss in respect of Buildingsour maximum liability is limited to theSums Insured stated in the Schedule or endorsed thereon, less the amount of theExcess stated in the Schedule in respect of

each loss, except where indicated withinthe Policy wording. At our option We willeither(i) repair / reinstate or(ii) pay the full reasonable cost of repair /

reinstatement of the Buildings to You.

You must provide access to your home,and facilitate an inspection, for ourManaged Repair Network of BuildingContractors to quote for the cost of repair/ reinstatement.

Where we opt to repair / reinstate, wereserve the right to use our ManagedRepair Network of Building Contractors tocomplete the works and we will takeresponsibility for the satisfactorycompletion of such works completed bythem.

Where We agree to pay You We reservethe right to make staged payments asworks progress and to withhold finalpayment until all works are complete, finalinvoice submitted and final inspectioncompleted by Us or our Representatives. The percentage of final payment withheldwill not exceed 30% of the overallsettlement amount.

Average Clause - BuildingsIf at the time of a loss or damage the suminsured is less than the full rebuilding costof the buildings as defined, we will pay onlyfor the proportion of the loss or damagewhich the sum insured bears to such cost.

SECTION 1: BUILDINGS AND SECTION 2: CONTENTS - LOSS SETTLEMENT BASIS


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ContentsProvided that, at the time of a loss, thecontents sum insured is adequate toreplace all of the contents as new, anyadmitted claim (excluding claims for itemslisted at (iii) below) will be settled on anew for old basis, as follows:(i) Total loss or destruction will be settled

without deduction for wear, tear ordepreciation,

(ii) Partial loss will be settled by paymentof the cost of repair (if repairs can bemade) subject to this cost notexceeding the replacement value ofthe property as new,

(iii) ALL claims for :(a) household linen, wearing

apparel, sporting equipment and bicycles,

(b) any of the following if they are over 5 years old: carpets, floor covering and timberflooring; TV, audio, video, computer or recording equipment and ancillary material including CDs, tapes, records and software

will be settled on an indemnity basisi.e. deduction will be made for wear,tear and depreciation.

We will indemnify You by payment or,at our option, by reinstatement,replacement or repair, for loss ordamage by any of the causes listed tothe Contents, subject to the terms,limitations, exceptions and exclusionsset out in this Policy.

In the event of a loss in respect ofContents our maximum liability islimited to the Sums Insured stated inthe Schedule or endorsed thereon,less the amount of the Excess stated inthe Schedule in respect of each loss,except where indicated within thePolicy wording.

Subject otherwise to the terms and conditions of the Policy.

Average Clause - ContentsIf at the time of a loss or damage the suminsured is less than the cost of replacing allthe contents as new, less an allowance forwear and tear for items listed in (iii) above,we will pay only for the proportion of theloss or damage which the sum insuredbears to such cost.

Limit of liabilityIn the event of a loss in respect of Buildingsor Contents our maximum liability islimited to the Sums Insured stated in theSchedule or endorsed hereon.We will deduct the amount of the Excessstated in the Schedule in respect of eachloss, except where indicated within thePolicy wording.

Note: For exclusions which apply to the whole of your Policy see Unoccupied Properties – Special Terms and Conditions on Page 21, Policy Terms and Conditions on and General Exclusions on Page 26

SECTION 1: BUILDINGS AND SECTION 2: CONTENTS - LOSS SETTLEMENT BASIS (CONTINUED)


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UNOCCUPIED PROPERTIESSPECIAL TERMS AND CONDITIONS

Whenever the Holiday Home isunoccupied anytime from 1st Novemberto 31st March inclusive each year, then youmust comply with conditions (1) and (2)below.

(1) A responsible person must beappointed to supervise and regularlycheck the property

(2) The water must be turned off and thewater system drained. This condition(2) shall not apply if the centralheating system is set to beautomatically brought into use daily bymeans of a time switch and any lofthatch or door is left open. In addition,if there is a thermostat fitted to thecentral heating system then this mustbe set to a minimum temperature of55 degrees Fahrenheit. You mustensure that an adequate fuel supply isavailable to ensure compliance withthis requirement.


Observance of ConditionsThe observance by You of the terms,conditions and endorsements of this Policyas far as they relate to anything to be doneor complied with by You will be a conditionprecedent to any liability of the Company.

MisdescriptionThis Policy will be voidable in the event ofmisrepresentation, misdescription or non-disclosure of any material facts i.e. thosecircumstances which may influence Us inour acceptance or assessment of thisinsurance. If You are in any doubt as towhether a fact is material or not pleasedisclose it. This condition applies atinception of Your Policy and at renewaleach year.

Maintenance and SecurityYou must keep the Buildings in good repairand take all reasonable precautions toensure the safety of property insured andto prevent accidents.

Change in Risk or CircumstanceYou must tell Us in writing IMMEDIATELYof any change, which may affect thisinsurance or increase the risk of loss,damage or injury. Such changes include, butare not limited to(a) if the occupancy of the house changes

(i.e. becomes let out full time or becomes unoccupied),

(b) if a business is carried on from the Buildings,

(c) if the property is being structurally altered,

(d) if an extension is being built,(e) if non standard materials are used in

the construction of a new extension.

Failure to advise us of such a change could invalidate the cover provided orcould result in a claim being rejected orreduced. If You are in any doubt as towhether a change is material or not youshould notify us.

Cancelling this PolicyYou may cancel the Policy at any time bywritten notice. If there has been no claimduring the current Period of Insurance Wewill return premium for the unexpiredPeriod of Insurance.

We may also cancel the Policy at any timeby sending notice by registered letter toYou at your last known address. This noticeis effective from midnight on the seventhday immediately following the date of theregistered letter. We will return aproportionate part of the premium.

Where you have agreed under a separateagreement to pay the premium byinstalments and you fail to make a paymenton the date on which it becomes due, thefull amount of premium remainingoutstanding will become immediatelypayable. If the outstanding amount is notreceived in full we may cancel the policy bysending notice by registered letter to you atyour last known address. This notice iseffective from midnight on the seventh dayimmediately following the date of theregistered letter.

POLICY TERMS AND CONDITIONS

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Mortgagee ClauseThe interest of a Mortgagee in thisinsurance shall not be prejudiced by any actor neglect of the Mortgagor (or Occupierof the Buildings) whereby the risk of loss ordamage is increased without the authorityor knowledge of the Mortgagee, providedthe Mortgagee shall, immediately onbecoming aware thereof, give notice inwriting to Us and on demand, pay suchadditional premium as We may require.

Inflation ProtectionBuildings: The sum insured may be adjustedmonthly in accordance with the HouseRebuilding Cost Index prepared by theDepartment of the Environment. Followingloss or damage by any cause listed underSection 1 - Buildings, the Buildings suminsured will be Index Linked for theduration the Buildings are being reinstated,at the same rate that applied at thecommencement of Your Policy or lastrenewal, provided You take all reasonablesteps to ensure that the reinstatement iscarried out without undue delay.

No additional premium will be charged forthese adjustments between the anniversarydates of Your Policy, but the renewalpremium will be calculated on the revisedsum insured as appropriate.

Contents: The sums insured may beadjusted monthly in accordance with theDurable Household Goods Section of theConsumer Price Index.

No additional premium will be charged forthese adjustments between the anniversarydates of Your Policy, but the renewalpremium will be calculated on the revisedsums insured as appropriate.

These adjustments may not be sufficient forYour needs and therefore You should notrely on this alone to ensure Your sumsinsured are adequate. You shouldperiodically review Your own sums insured.

Other InsurancesIf at the time of any incident, which resultsin a claim under this Policy, there is anyother insurance covering the same liability,loss or damage, We will pay only ourratable share.

No Claims DiscountYour Benchmark policy may be subject to aNo Claims Discount. If this is the case it willbe indicated on the schedule.

POLICY TERMS AND CONDITIONS(CONTINUED)

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It is our hope that no accident ormisfortune should befall you, but if you doneed to make a claim please contact ourclaims service at the number indicated onyour Schedule. Our staff will be glad tohelp you and advise you how to proceed.

In the event of a claim you must- tell us immediately of any loss, damage

or accident and give details of how theloss, damage or accident occurred.

- retain all damaged property for inspection by us

- produce, at your own expense, all necessary documents and information to support any claim

- forward these to us, together with a completed claim form, within 30 days of first notifying us of the incident.

- send us any writ, summons, notice of prosecution or other legal document You receive, unanswered, on receipt.

- advise the Gardai or Police about any incident of stealing, attempted stealing or vandalism, or loss, destruction, damage or injury by malicious person(s).

You must NOT- proceed with repairs (other than

emergency repairs necessary to limit damage) or investigative work without our prior approval.

- negotiate, admit or repudiate any claimwithout our written consent , or allow any other person insured under this Policy, or anyone else acting on your behalf to do so

We are entitled to- take over and conduct in your name,

or in the name of any other person indemnified by this Policy, the defence or settlement of any legal action.

- take proceedings at our own expense and for our own benefit, but in your name, or in the name of any other person indemnified by this Policy, to recover any payment We havemade under this Policy.

- receive all necessary assistance from You or any other person indemnified by this Policy.

- enter any building where loss or damage has occurred and deal with any salvage in a reasonable manner. However, no property may be abandoned to Us.

Emergency Home Assist HelplineWe also provide an emergency 24 HourAssist emergency helpline which canprovide you with a connection to anapproved network of repairers (plumbers,electricians, glaziers, locksmiths, roofers etc.)to help alleviate the effects of a loss asquickly as possible. This is particularly usefulwhen damage is discovered suddenly,especially outside of normal office hours.Call (01) 832 8756 anytime

The cost of this service must be borne byyou. However, if the cost is covered by thispolicy then we will reimburse you as partof the claim settlement.

CLAIMS

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How will we deal with your Claim?Our aim is to deal with your claimpromptly, efficiently and fairly. At all timeswe will try to provide you with the higheststandard of service. If you have anycomment or complaint or if our service hasnot met your expectations please do let usknow. Depending on the type of claim andvalue involved we may:- Contact you by telephone or letter to

progress your claim.- Arrange for one of our claims team to

personally call on you.- Appoint an independent Loss Adjuster

to deal with your claim on our behalf.- Appoint our Managed Repair

Network of Building Contractors to complete the works and we will takeresponsibility for the satisfactorycompletion of such works completedby them.

False ClaimsIf you or anyone acting on behalf of youmakes a claim or a statement in support ofa claim under this policy knowing it, or anypart of it, to be false or exaggerated, or failsto disclose or conceals information likely toaffect a claim, all cover under this policy willcease immediately. In addition to any otherrights or remedies which we may haveunder this policy or otherwise- We will not pay the claim- We will not pay any other claim which

has been or may be made under this policy

- We may at our option declare the policy void

- We will be entitled to recover from you the amount of any claim already paid under the policy

- We will not make any return of premium

- We may inform the appropriate law enforcement agency of the circumstances

CLAIMS (CONTINUED)

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War and Terrorism ExclusionNotwithstanding any provision to thecontrary within this Policy or anyendorsement thereto it is agreed that thispolicy excludes loss damage cost orexpense of whatsoever nature directly orindirectly caused by resulting from or inconnection with any of the followingregardless of any other cause or eventcontributing concurrently or in any othersequence to the loss(1) war invasion acts of foreign enemies

hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assumingthe proportions of or amounting to anuprising military or usurped power or

(2) Any act of Terrorism.

For the purpose of this endorsement anAct of Terrorism means an act including butnot limited to the use of force or violenceand/or the threat thereof of any person orgroup of persons whether acting alone oron behalf of or in connection with anyorganization or government committed forpolitical religious ideological or similarpurposes including the intention toinfluence any government and/or to put thepublic in fear

This endorsement also excludes lossdamage cost or expense of whatsoevernature directly or indirectly caused byresulting from or in connection with anyaction taken in controlling preventingsuppressing or in any way relating to (1)and/or (2) above.

If the Company alleges that by reason ofthis exclusion any loss damage cost orexpense is not covered by this Policy theburden of proving the contrary shall beupon the Insured In the event any portionof this endorsement is found to be invalid

or unenforceable the remainder shallremain in full force and effect

Biological or Chemical ContaminationExclusionIt is agreed that regardless of anycontributory causes this Policy does notcover any loss damage cost or expensedirectly or indirectly arising out of Biologicalor chemical contamination due to any Actof Terrorism

For the purpose of this endorsement anAct of Terrorism means an act including butnot limited to the use of force or violenceand/or the threat thereof of any person orgroup of persons whether acting alone oron behalf of or in connection with anyorganisation or government committed forpolitical religious ideological or similarpurposes including the intention toinfluence any government and/or to put thepublic or any section of the publicin fear

For the purpose of this endorsementcontamination means the contamination,poisoning or prevention and/or limitation ofthe use of objects due to the effects ofchemicals and/or biological

substances

If the Company alleges that by reason ofthis exclusion any loss damage cost orexpense is not covered by this Policy theburden of proving the contrary shall beupon the Insured

GENERAL EXCLUSIONS

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Cyber RiskThis Policy does not apply to liability, loss,damage, cost or expense of whatsoevernature directly or indirectly caused by,resulting from or in connection with

(1) the loss of, alteration of or damage to or

(2) a reduction in the functionality, availability or operation of a computer system, hardware, programme, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non-computer equipment that results from the malicious or negligent transfer (electronic or otherwise) of a computer programme that contains any malicious or damaging code including but not limited to computer virus, worm, logic bomb or Trojan horse.

WE SHALL NOT BE LIABLE FOR:Radioactive Contamination1) Loss or destruction of or damage to

any property whatsoever or any loss or expense whatsoever resulting or arising there from any consequential loss or,

2) Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from(i) ionising radiations or

contamination by radioactivity from any nuclear fuel or from anynuclear waste from the combustion of nuclear fuel,

(ii) the radioactive, toxic, explosive or other hazardous properties ofany explosive nuclearassembly or nuclear component thereof.

Sonic BoomLoss or damage caused by pressure wavesfrom aircraft and other aerial devicestravelling at sonic or supersonic speeds.

ConfiscationLoss of or damage due to confiscation,requisition or destruction by order of anyGovernment, or Public or Local Authority.

Consequential LossConsequential loss or damage of any kindexcept as set out in this Policy.

FeesFees incurred by You in the preparation ofany claim.

FungiAny loss, damage or liability directly orindirectly caused by the presence, growth,proliferation, spread or any activity of fungi,wet or dry rot or bacteria. Whenever fungi,wet or dry rot or bacteria occur, they andany resulting loss are always excludedunder this policy, howsoever caused. Inaddition, there is no cover to test for,monitor, clean up, remove, remediate,contain, treat, de-toxify, neutralize, or in anyway respond to or access the effects offungi, wet or dry rot, or bacteria.

Sets and Matching ItemsAny undamaged item which forms part of aset, pair, suite or any other article of auniform nature even when replacementscannot be matched. We will only be liablefor the value of the particular item, part orparts that have been lost or damaged inproportion to the total value of the set,pair or suite.

GENERAL EXCLUSIONS (CONTINUED)

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Wear, Tear and as undernoted- Wear, tear, rust or corrosion.- Gradual deterioration or any gradually

operating cause.- The cost of maintenance.- Mildew, rising damp, dry/wet rot, moth,

vermin, atmospheric or climatic conditions.

- Damage caused by any process of cleaning, dyeing, repairing or restoring any article.

- Mechanical, electrical or electronic defects, breakdown or malfunction.

Business, Trade or Professional PurposesThis Policy does not provide cover for anyproperty held in connection with anybusiness, trade or professional purpose.

GENERAL EXCLUSIONS (CONTINUED)

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Benchmark Underwriting Limited recognisethat protecting personal informationincluding sensitive personal information, isvery important and we recognise that youhave an interest in how we collect, use andshare such information.Please read the following carefully as itcontains important information relating tothe information that you give us or hasbeen provided to us on your behalf. If youprovide information relating to anyoneother than yourself, you are responsible forobtaining their consent to the use of theirdata in the manner outlined below.

What Does Benchmark do with YourPersonal DataInformation you provide will be used byBenchmark for the purposes of processingyour application and administering yourinsurance policy. Benchmark may need tocollect sensitive data relating to you (suchas medical or health records or convictions)in order to process your application and/orany claim made.

All information supplied by you will betreated in confidence by Benchmark andwill not be disclosed to any third partiesexcept (a) to our agents, sub-contractorsand the underwriters of the policy (b) tothird parties involved in the assessment,administration or investigation of a claim (c)where your consent has been received or(d) where permitted by law. In order toprovide you with products and services thisinformation will be held in the data systemsof Benchmark or our agents orsubcontractors.

Benchmark may pass your information toother companies for processing on itsbehalf. Some of these companies may bebased outside the EEA, but in all casesBenchmark will ensure that its transfers ofdata are lawful and that your information iskept securely and only used for thepurposes for which it was provided.

Calls to Benchmark may be recorded forquality assurance or verification purposes.

Fraud Prevention, Detection & ClaimsHistoryBenchmark distributes, administers andmanages a range of insurance products onbehalf of RSA Insurance Ireland DAC. Thefollowing information outlines how RSAdeal with the issues of Fraud Prevention,Detection and Claims History.

In order to prevent and detect fraud andthe non-disclosure of relevant informationRSA may at any time:- Share information about you with

companies within the RSA Insurance Group, other organisations outside theRSA Insurance Group including where applicable private investigators and public bodies including An Garda Síochána;

- Check and / or file your details with fraud prevention agencies and databases, and if you give us false or inaccurate information and we suspectfraud, we will record this.

RSA may also search these agencies anddatabases to:

- Help make decisions about the provision and administration of insurance and related services for you ;

- Trace debtors or beneficiaries, recoverdebt, prevent fraud and manage your insurance policies with RSA;

- Check your identity to prevent moneylaundering, unless you furnish us with other satisfactory proof of identity

- Undertake credit searches and additional fraud searches.

DATA PROTECTION


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Insurance Link DatabaseInformation about claims (whether by ourcustomers or third-parties) made underpolicies that we provide is collected by uswhen a claim is made and is placed on aninsurance industry database of claimsknown as Insurance Link. This informationmay be shared with other insurancecompanies, self insurers or statutoryauthorities. This information includes theclaimant’s name, address and date of birthand the type of injury or loss suffered.

Insurance companies share claims data:a. to ensure that more than one claim

cannot be made for the same personalinjury or property damage

b. to check that claims information matches what was provided when insurance cover was taken out

c. when required, to act as a basis for investigating claims when our recordedinformation is incorrect or when we suspect that insurance fraud is being attempted.

The purpose of Insurance Link is to help usidentify incorrect information andfraudulent claims and, therefore, to protectcustomers. RSA also reserve the right touse Insurance Link information atunderwriting stage. More information aboutInsurance Link can be found atwww.inslink.ieGuidelines for sharing your informationwith other insurance companies, self-insuring organisations or statutoryauthorities are contained in the DataProtection Commissioner’s Code ofPractice on Data Protection for theInsurance Sector which is available atwww.dataprotection.ie.Under the Data Protection Acts 1988 and2003 you have a right to know whatinformation about you and your previousclaims is held on Insurance Link. If you wishto exercise this right, then please contact usat the address below.

How to contact usOn payment of a small fee you are entitledto receive a copy of the information wehold about you and to seek rectification ofany inaccurate data. If you have anyquestions, or you would like to find outmore about this notice you can write to:

Benchmark Underwriting Ltd, DundrumTown Centre, Sandyford Road, Dundrum,Dublin 16.

ConsentBy providing us with your information youconsent to all of your information beingused, processed, disclosed and retained asset out above

DATA PROTECTION (CONTINUED)


Benchmark Underwriting Ltd t/a Benchmark is regulated by the Central Bank of Ireland.RSA Insurance Ireland DAC is regulated by the Central Bank of Ireland.


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RSA House, Dundrum Town Centre, Sandyford Road, Dundrum, Dublin 16.

RSA is a registered business name of RSA Insurance Ireland Designated Activity Company (DAC). RSAInsurance Ireland DAC trading as RSA is regulated by the Central Bank of Ireland and is a private companylimited by shares registered in Ireland under number 148094 with registered office at RSA House, Dundrum

Town Centre, Sandyford Road, Dundrum, Dublin 16.RS/HH3015(09/16)


BENCHMARK HOLIDAY HOME · Dublin 16 D16 FC92. Telephone:1890 290 100 Outside Ireland: 00353 1 290...

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Transcript of BENCHMARK HOLIDAY HOME · Dublin 16 D16 FC92. Telephone:1890 290 100 Outside Ireland: 00353 1 290...