Home Insurance Policy

This Policy, Schedule and endorsement sheet(s) together are evidence of the contract between you and Middlesea Insurance p.l.c. based on the information you have given to us and the declaration you have made on the proposal form. In return for receiving and accepting the premium, we will provide insurance in accordance with the terms and conditions of this Policy for those Sections of the Schedule shown as being applicable. You should read these documents and check them carefully to ensure they give you the cover you require. It is important that you should advise us immediately whenever any changes occur that affect what you have told us. Unless both you and we agree otherwise, this contract shall be subject to Maltese Law and to the exclusive jurisdiction of the Maltese Courts. The version of this contract in the Maltese language has been supplied for your convenience. This contract shall in no case be interpreted by reference to that version and should there be a conflict of meaning between the English text and the Maltese version or any doubt whatsoever the English text shall prevail and be applied to the exclusion of the Maltese version. Any endorsements to the Policy will be issued in the English language only.

Wherever you see the following words or phrases, they will have the meanings shown next to them and are shown in bold print. Any word or expression to which a specific meaning has been given has the same meaning wherever it appears unless the context requires otherwise:

“Accidental damage” means damage caused suddenly and unexpectedly by external means other than your deliberate act.

“Buildings” means your home, its permanent fixtures and fittings, boundary and garden walls, including rubble walls, gates, hedges, fences, permanently-built swimming or ornamenta pools, patios, terraces, paths, driveways, landlord’s fixtures and fittings, air conditioning equipment which is permanently installed, service tanks, aerials and masts, satellite dishes, solar heating systems, stair and passenger lifts and, where applicable, your share of common areas, all situated at the risk address shown in the Schedule and owned by you or for which you are legally responsible. “Contents” means household goods and personal belongings (including money and valuables up to the limit shown in your Schedule) which belong to you or for which you are legally responsible or which belong to domestic employees who live with you.

“Credit and Debit Cards” means credit, charge, debit, cheque, bankers or cash dispenser cards.

“Endorsement(s)” means any alteration made to the Policy which has been agreed by us in writing.

“Excess” means the first part of any claim which you have to pay yourself.

“Fixtures and fittings” means built-in furniture, built-in ovens and hobs, fixed glass and sanitary ware, pipes, ducts, tanks, wires, cables, switches, stoves or fireplaces, boilers, fixed wall, ceiling and floor coverings other than carpets.

“Home” means your private residence as described in your Schedule and its domestic outbuildings and garage(s) all used for domestic purposes including any part of the home used for business purposes. Unless we have agreed otherwise, your home must be built of brick, stone or concrete and roofed with slates, tiles, concrete, asphalt, metal sheets or slabs composed entirely of incombustible mineral ingredients.

“Money” means current legal tender, cheques, postal and money orders, current postage stamps (not being part of a stamp collection), travellers cheques, travel tickets, luncheon vouchers, gift tokens and phonecards.

“Pedal cycle” means any pedal cycle which belongs to you or is your legal responsibility and any accessories which are attached to it.

“Personal belongings” means luggage, clothing, sports, musical and photographic equipment, laptops, notebooks, mobile phones and other items which you normally wear or carry with you. All such items must either belong to you or be your legal responsibility.

“Policy” means this booklet, the Schedule and any endorsements all of which are to be read together.

“Schedule” means the document containing your name and address, the period of insurance, the sections of this policy which apply, the premium you have to pay, the property which is insured, the amounts for which you are covered and details of any extensions or endorsements.

“Unfurnished” means your home is not sufficiently furnished for normal living purposes.

“Unoccupied” means not lived in by you or any other person with your permission.

“Valuables” means stamp, coin or medal collections, antiques (not including furniture), collectibles, pictures, paintings and other works of art, items of gold, platinum, silver or other precious metals, jewellery, watches and furs. No one single valuable is worth more than the amount 2(B) shown in the Schedule unless specially insured as a separate item.

“We” or “us” or “our” mean Middlesea Insurance p.l.c.

“You” or “Your” or “Yourself” mean the Policyholder described in the Schedule, the husband or wife of the Policyholder, or the Policyholder’s partner who permanently lives at the same address as the Policyholder and shares financial responsibilities (not including business partners or associates) or members of the Policyholder’s family permanently residing with the Policyholder.

This Section only applies when shown in your Schedule.

We will provide cover for loss of or damage to the buildings caused by the following:

1. Fire, Lightning and Explosion
2. Smoke
3. Storm and Flooding
4(A). Riot, Strikes, Labour or Political Disturbances
4(B). Malicious Acts or Vandalism
5. Water escaping from washing machines or dishwashers or any other domestic appliances or water tanks, pipes or fixed installations including heating systems.
6. Oil or fuel oil escaping from a fixed heating installation
7. Theft or attempted theft
8. Falling trees or branches
9. Collision by aircraft or other flying objects or anything dropped from them
10. Collision by vehicles or animals
11. Earthquake, volcanic eruption or subterranean fire or any such convulsions of nature
12. Falling radio and television receiving aerials or satellite dishes, their fittings andmasts

Loss or Damage:

• which happen gradually
• from any agricultural or industrial operations
• The excess 1.03 shown in the Schedule.
• Loss or damage:
  • caused by subsidence, heave or landslip,
  • to fences, gates, hedges, paths, drives and rubble walls,
  • which happen gradually.
• The excess 1.04 shown in the Schedule.
• Loss or damage which you or your guests or tenants have caused, allowed to happen, chosen to ignore or not reported to the police.
• Loss or damage caused while your home has been unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• The excess 1.05 shown in the Schedule.
• Loss or damage while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered. Subsidence, heave or landslip caused by the escaping water.
• Loss or damage to the washing machines or dishwashers or any other domestic appliances or water tanks, pipes or fixed installations including heating systems.
• Loss or damage arising from rust, corrosion, deterioration or wear and tear.
  
• The excess 1.06 shown in the Schedule.
• Loss or damage:
  • to the fixed heating installation itself,
  • arising from rust, corrosion, deterioration or wear and tear,
  • while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Loss or damage which you or your guests or tenants have caused, allowed to happen or chosen to ignore or not reported to the police.
• Loss or damage caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Damage to fences, hedges, gates or trees
• Felling or lopping by you or on your behalf.

• Domestic Pets
• Vehicles or animals owned by you or under your control.

The excess 1.11 shown in the Schedule. Damage to the aerials or satellite dishes or fittings or masts themselves.

13(A). Architects’ and surveyors’ fees to repair the buildings.
13(B). The cost of removing debris or demolishing or propping up the damaged parts of the buildings
13(C). The cost of meeting building regulations or local authority bye-laws

If your home is made unfit to live in by any cause insured by Paragraphs 1 to 12 above, we will pay, up to 10% of the buildings’ sum insured for:

14. Rent you would have received or paid including reasonable additional costs payable for comparable accommodation during the period necessary to restore your home to a condition fit to live in.

15. Drains, drains inspection covers, pipes, cables, underground tanks providing services to or from the buildings and for which you are legally responsible.
16. Air conditioning equipment which is permanently installed following mechanical or electrical breakdown and provided annual maintenance is carried out.
17. All fixed glass and sanitary fittings forming part of the buildings including ceramic hobs or tops, glass in solar-panel units and in greenhouses conservatories and verandahs, windows, doors, fanlights and skylights, fixed baths, shower trays, shower screens, bidets, wash basins, splashbacks, pedestals, sinks, toilet pans, cisterns and their fixtures and fittings.

• Architects’ and surveyors’ fees which exceed those recommended by the relevant professional institutes or authorised under the tariffs referred to in the Code of Organisation and Civil Procedure of the Laws of Malta – Chapter 12 referring to the fees payable to Periti or as amended or replaced from time to time.
• Fees for preparing your claim. Costs not agreed by us in advance.
• Costs resulting from a notice served on you before the date of loss or damage.

18. Accidental damage to the buildings, subject to your having selected Enhanced Cover 1 (B) as shown in the Schedule.

We will not cover loss or damage caused:

• By wear and tear, settlement or shrinkage, vermin, insects, fungus or weather conditions,
• By faulty design or poor workmanship or the use of faulty materials
• By building alterations, renovations, extensions or repairs,
• By subsidence or heave of the land or landslip.
• For which the manufacturer or supplier is responsible.
• For costs and expenses in connection with maintenance services.
• By faulty design, latent defects or poor workmanship or the use of faulty materials.
• Arising from rust, corrosion, deterioration or wear and tear.
• If the air conditioning equipment is more than five years old at the time of the loss or damage.
• While your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Directly by your pet animals or your pet birds.
• Solely by scratching or chipping.
• Solely by the failure of double glazing seals.
• Replacement of undamaged parts.

19. Your legal liability for damages, claimant’s costs and expenses incurred solely as owner (not as occupier) of the home and its land if:

a) anyone is accidentally injured, falls ill or dies, or
b) property is accidentally lost or damaged We will also pay your defence costs and expenses if we agree in advance. We will not pay more than the limit 1.19 shown in the Schedule in all for any one incident inclusive of defence costs and expenses.

In the event of your death, we will also cover your legal personal representatives in respect of your liability covered by this policy provided that your legal personal representatives observe the terms of this policy so far as they can apply.

• Your liability as occupier of the buildings.
• Injury, including death, disease or illness, to you.
• Someone being injured or falling ill or dying while they are working for you.
• Loss of or damage to property which belongs to you or is in your care.
• Liability in connection with the ownership, possession or use by you or on your behalf of a motor vehicle licensed for road use and for which you need a certificate of motor insurance.
• Liability in connection with the ownership, possession or use by you or on your behalf of children’s motor vehicles, go-karts, mechanically propelled or assisted vehicles (other than stairlifts, gardening machinery and pedestrian controlled vehicles), caravans, trailers, aircraft, hovercraft or boats (other than hand-propelled boats).
• Liability in connection with the ownership, possession or use by you or on your behalf of mechanically propelled or assisted watercraft.
• Liability under any agreement unless you would have been liable without the agreement.
• Liability in connection with your business or profession.
• Liability arising from deliberate or malicious acts.
• Liability covered by any other insurance.

This Section only applies when shown in your Schedule.

We will provide cover for loss of or damage to the buildings caused by the following:

1. Fire, Lightning and Explosion
2. Smoke
3. Storm and Flooding
4(A). Riot, Strikes, Labour or Political Disturbances
4(B). Malicious Acts or Vandalism
5. Water escaping from washing machines or dishwashers or any other domestic appliances or water tanks, pipes or fixed installations including heating systems.
6. Oil or fuel oil escaping from a fixed heating installation
7. Theft or attempted theft
8. Falling trees or branches
9. Collision by aircraft or other flying objects or anything dropped from them
10. Collision by vehicles or animals
11. Earthquake, volcanic eruption or subterranean fire or any such convulsions of nature
12. Falling radio and television receiving aerials or satellite dishes, their fittings andmasts

• which happen gradually
• from any agricultural or industrial operations.
• The excess 2.03 shown in the Schedule.
• Loss or damage:
  • caused by subsidence, heave or landslip,
  • which happen gradually.
• The excess 2.04 shown in the Schedule.
• Loss or damage which you have caused, allowed to happen, chosen to ignore or not reported to the police.
• Loss or damage caused while your home has been unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered. d) Loss or damage where there is no forcible and violent entry or exit into or out of your home.
• Loss of or damage to goods in freezers or fridges caused by a power cut arising from a deliberate act or strikes.
• The excess 2.05 shown in the Schedule. Loss or damage while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Subsidence, heave or landslip caused by the escaping water.
• Loss or damage to the washing machines or dishwashers or any other domestic appliances or water tanks, pipes or fixed installations including heating systems.
• Loss or damage arising from rust, corrosion, deterioration or wear and tear.
• The excess 2.06 shown in the Schedule.
• Loss or damage:
  • arising from rust, corrosion, deterioration or wear and tear.
  • while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Loss or damage which you or your guests or tenants have caused, allowed to happen, chosen to ignore or not reported to the police.
• Loss or damage caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
• Theft by deception, unless deception is used only as a way to get into your home.
  • loss of money
  • loss or damage if your home is used to receive visitors in connection with your business operating from your home, unless there is forcible and violent entry or exit into or from your home or entry is gained to your home by deception.
• Theft if you live in a flat which you share, unless someone has broken into or out of the building by using forcible and violent entry or exit or deception.
• Theft of jewellery in excess of the amount 2.07 shown in the Shedule which has not been kept in a safe approved by us.

• Domestic pets,
• vehicles or animals owned by you or under your control.

The excess 2.11 shown in the Schedule. Damage to the aerials or satellite dishes or fittings or masts themselves.

If your home is made unfit to live in by any cause insured by Paragraphs 1 to 12 above, we will pay, up to 10% of the contents’ sum insured, the following:

13. Rent you would have paid including reasonable additional costs payable for comparable accommodation during the period necessary to restore your home to a condition fit to live in

14. Radios, television sets (including cable and satellite receivers), DVD players, game stations, home computers, recording and audio equipment and home entertainment equipment all in your home.
15. Mirrors, plate-glass tops on furniture, fixed glass in furniture, ceramic hobs or tops in free-standing cookers

16. Loss or damage by any cause insured by Paragraphs 1 to 12 occurring in the open within the boundaries of the land belonging to your home including items of garden equipment and furniture.
17. Loss or damage by any cause insured by Paragraphs 1 to 12 above occurring while temporarily removed from your home and remaining within the Maltese Islands.

18. If the whole of the month of December falls within the period of insurance shown in the Schedule, the sum insured for contents is increased temporarily for this month only by 10% or up to the maximum amount shown in the Schedule 2.18 whichever is the lesser amount to cover gifts and food bought for the Christmas season.
19. If the period of one month before and one month after your wedding or graduation day falls within the period of insurance shown in the Schedule, the sum insured for contents is increased temporarily for this month only by 10% or up to the maximum amount shown in the Schedule 2.19 whichever is the lesser amount to cover additional items bought or received for such occasion.
20. Loss of metered water at your home arising from any of the causes insured by Paragraphs 1 to 12.

21. In the event of:
a) the accidental loss or theft of the keys to the external doors of your home or to safes or alarms in your home
b) the accidental damage to the locks of the external doors of your home or to safes or alarms in your home
we will pay for the replacement of the lock mechanism or, at our option, the cost of changing the locks

22. Freezer Food
We will provide cover for damage to your frozen food contained in your domestic deep freeze cabinet or the freezer section of your domestic refrigerator/freezer caused by:
a) a rise or fall in temperature, or
b) contamination from refrigerant or refrigerant fumes.

23 Personal Money and Credit Cards We will provide cover for:
a) loss of personal money within the Maltese Islands, and
b) financial loss arising from any credit card issued in the Maltese Islands to you being stolen or accidentally lost and subsequently used by someone other than you

24 Pedal Cycles and Sports Equipment We will provide cover for loss of or physical damage to your pedal cycles and your sports equipment within the Maltese Islands.

25 Legal Expenses
We will provide cover for legal costs and expenses incurred by you for legal proceedings in the event of a dispute relating to:

a) the purchase, hire, hire-purchase, service or repair of consumer goods
b) contracts for the purchase of services for home improvements
c) your ownership or occupation of your main home
d) your employment which is capable of being heard before the Industrial Tribunal Provided that:

i) you use our legal expert to act for you
ii) our legal or other experts are satisfied that there is a reasonable prospect that you will be successful with your claim and
iii) the legal proceedings will be dealt by a court or other competent body in the maltese islands

Loss or damage:

i) which happen gradually,
ii) from any agricultural or industrial operations.
a) The excess 2.03 shown in the Schedule.
b) Loss or damage:

i) caused by subsidence, heave or landslip,
ii) which happen gradually.
a) The excess 2.04 shown in the Schedule.
b) Loss or damage which you have caused, allowed to happen, chosen to ignore or not reported to the police.
c) Loss or damage caused while your home has been unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
d) Loss or damage where there is no forcible and violent entry or exit into or out of your home.
e) Loss of or damage to goods in freezers or fridges caused by a power cut arising from a deliberate act or strikes.

a) The excess 2.05 shown in the Schedule.
b) Loss or damage while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
c) Subsidence, heave or landslip caused by the escaping water.
d) Loss or damage to the washing machines or dishwashers or any other domestic appliances or water tanks, pipes or fixed installations including heating systems.
e) Loss or damage arising from rust, corrosion, deterioration or wear and tear.

a) The excess 2.06 shown in the Schedule.
b) Loss or damage:
i) arising from rust, corrosion, deterioration or wear and tear.
ii) while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.

a) Loss or damage which you or your guests or tenants have caused, allowed to happen, chosen to ignore or not reported to the police.
b) Loss or damage caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.
c) Theft by deception, unless deception is used only as a way to get into your home.
d i) loss of money or
d ii) loss or damage if your home is used to receive visitors in connection with your business operating from your home, unless there is forcible and violent entry or exit into or from your home or entry is gained to your home by deception.
e) Theft if you live in a flat which you share, unless someone has broken into or out of the building by using forcible and violent entry or exit or deception.
f) Theft of jewellery in excess of the amount 2.07 shown in the Shedule which has not been kept in a safe approved by us.

a) Domestic pets,
b) Vehicles or animals owned by you or under your control.

The excess 2.11 shown in the Schedule. Damage to the aerials or satellite dishes or fittings or masts themselves.

We will not cover:

a) The excess 2.14 shown in the Schedule.
b) Any one item for more than the amount shown in the Schedule 2.14 unless specifically insured as a separate item.
c) More than the total amount of specified equipment shown in the Schedule 2(C).
d) Radio, television or other receiving aerials, their fittings and masts.
e) Loss or damage caused by wear and tear, depreciation, loss of value, gradually operating cause, process of cleaning, washing, repair or restoration, mechanical, electronical or electrical breakdown.
f) Computers, computer or audiovisual equipment designed to be portable.
g) Remote control command transmitters whether or not forming part of the items insured.
h) Mobile phones and personal digital assistants (PDAs).
i) Video and digital cameras, projector bulbs, portable digital audio equipment and discs.
j) Loss or damage caused while your home is unoccupied or unfurnished for more than 90 days in a row.
k) Loss or damage to property while in the open.
l) Surges of electricity.

While your home is unoccupied or unfurnished for more than 90 days in a row.

We will not cover:

a) The excess 2.16 shown in the Schedule.
b) Loss or damage which exceeds the amount 2.16 shown in the Schedule.
c) Loss or damage occurring while your home has been unoccupied or unfurnished for more than 90 days in a row.
d) Loss of or damage to pedal cycles.

a) The excesses 2.17 shown in the Schedule
b) Loss or damage which exceed the limit 2.17 shown in the Schedule.
c) Loss or damage caused by a storm or flood to property not in a building.
d) Loss or damage caused by theft in a bank safe deposit in any private home or building in which you are residing, employed or working unless someone has broken into or out of a building by using forcible and violent entry or exit or by deception.
e) Loss or damage from or in a caravan, boat, mobile home or motor home.
f) Loss or damage if the contents have been removed for sale or exhibition or placed in a furniture depository.
g) Theft of money.
h) Loss or damage to china, glass and brittle articles unless professionally packed.

Which exceeds the amount 2.20 shown in the Schedule.

a) Which exceeds the amount 2.21 shown in the Schedule.
b) Caused by any process of repair or restoration.
c) Arising from mechanical or electrical or electronic breakdown.
d) Arising from theft if you have not reported the loss to the police.

a) More than the amount 2.22 shown in the Schedule.
b) Loss or damage resulting from the deliberate act of any power supply authority or the withholding or restricting of power by such an authority.
c) Loss or damage within the first 12 hours of such rise or fall in temperature.

a) More than the amount 2.23 shown in the Schedule.
b) Loss due to confiscation, depreciation in value or errors or omissions in receipts, payments or accountancy or non-abidance with credit card regulations
c) When in your home by theft or attempted theft except where there is forcible and violent entry or exit.
d) Loss or damage in your home caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring or discovered.

a) More than the
amount 2.24 shown in the Schedule. b) Motor-assisted pedal cycles.
c) Loss or damage while being used for racing, pacemaking or trials.
d) Loss or damage to tyres or accessories unless the pedal cycle is stolen or damaged at the same time.
e) Loss or damage by wear and tear, depreciation, loss of value, vermin, domestic pets, atmospheric or climatic conditions, the process of cleaning, repair, modification or restoration, mechanical or electrical breakdown or any gradually operating cause.
f) When not in your home by theft or attempted theft unless the pedal cycle is in a locked building to which only you have access or if in the open the pedal cycle is attached to something which will not move and has been made secure by a security device.
g) Balls, shuttlecocks, racket strings, fishing lines or attachments unless other sports equipment is lost or damaged at the same time.
h) Your sports equipment when you are using it in any professional sporting activity.

a) More than the amount 2.25 shown in the Schedule during any one period of insurance.
b) Any incident or matter which commences before the period of insurance or which occurs outside the Maltese Islands.
c) Disputes relating to the construction, conversion, extension or demolition of buildings.
d) Legal expenses in recovering uninsured losses arising out of the use of a motor vehicle, excesses and car hire and claims in respect of consumer disputes over services for the sale of a motor vehicle and goods relating to motor vehicle parts or equipment.
e) Costs in any action against another person who is insured by this policy or against us or any of our Agents or intermediaries.

Benefits:
• Death or
• Total and irrecoverable loss of sight in one or both eyes or
• Total loss by physical severance at or above the wrist or ankle of one or more limbs
  

Payment shall be made for only one of the above Benefits in respect of each injured person and the total amount we shall pay under this Section during any one period of insurance shall not exceed the amount 2.26 shown in the Schedule for each injured person.

a) as a result of pre-existing medical conditions defects illness or disease
b) arising from your occupation business or profession or from the use of woodworking machinery
c) caused by suicide or any attempted suicide, intentional self-injury, wilfully exposing yourself to danger (other than in an attempt to save human life) or arising from any state of anxiety or depression
d) resulting from any effects of intoxicating liquor or drugs other than drugs taken in accordance with treatment prescribed and directed by a qualified registered medical practitioner but not for the treatment of drug addiction
e) caused by pregnancy or childbirth
f) if you are engaged in air travel except as a passenger in any properly certified or licensed power-driven aircraft constructed to carry passengers including helicopters licensed to carry passengers
g) if you are engaging or taking part in
i) naval military or air force service or operations,
ii) winter sports at any winter sports resort or anywhere outside the Maltese Islands,
iii) skin-diving involving the aid of breathing apparatus, rock climbing or mountaineering normally involving the use of ropes or guides, potholing, hand gliding, parachuting, hunting or driving or riding in any kind of race,
iv) riding or racing on motor cycles, motor scooters or quad bikes,
v) strikes, riots or civil commotions
h) resulting directly or indirectly from the transmission of any communicable disease or virus including Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC) howsoever this syndrome has been acquired or may be named or as a consequence of disease, sickness or any other medical disorder of any description whatsoever suffered by you whether as a direct result of an accident or otherwise
i) if at the time of the accident you are under 18 or more than 70 years of age.

27. Accidental damage to the contents while in your home subject to your having selected Enhanced Cover 2(D) as shown in the Schedule

a) The excess 2.27 shown in the Schedule.
b) Items listed in Paragraphs 14 and 15.
c) Loss or damage to clothing, spectacles, stamps and pedal cycles.
d) Loss or damage arising from the deterioration of food or to the food itself.
e) Loss or damage while your home is unoccupied or unfurnished for more than 90 days in a row.
f) Loss or damage caused by wear and tear, depreciation, loss of value, insects, vermin, fungus, infestation, damp, rust, wet or dry rot, atmospheric or climatic conditions, the action of light, ingress of water, any gradually operating causes.
g) Loss or damage caused by the process of cleaning, dyeing, repair, alteration, restoration or mechanical or electrical breakdown.
h) Loss or damage caused directly by your pet animals or your pet birds.
i) Loss or damage specified in Paragraphs 4 and 7 of the Contents Section and which are specifically excluded in those Paragraphs.

We will cover you against:

28 Legal liability for damages, claimant’s costs and expenses incurred solely:
a) as occupier (not as owner) of your home and its land
b) in a personal capacity (not as occupier or owner of any building or land)
c) as an employer to your domestic employee if:
i) anyone is accidentally injured, falls ill or dies or
ii) property is accidentally lost or damaged

We will also pay your defence costs and expenses if we agree in advance We will not pay more than the amount 2.28 shown in the Schedule in all for any one incident inclusive of defence costs and expenses. This cover applies to incidents which take place during the period of insurance in the Maltese Islands In the event of your death, we will also cover your legal personal representatives in respect of your liability covered by this policy provided that your legal personal representatives observe the terms of this policy so far as they can apply.

a) Your liability as owner of your home.
b) Injury, including death, disease or illness, to you.
c) Loss of or damage to property which belongs to you or is in your care.
d) Liability arising from the ownership, possession or use by you or on your behalf of a motor vehicle licensed for road use and for which you need a certificate of motor insurance.
e) Liability arising from the ownership, possession or use by you or on your behalf of children’s motor vehicles, go-karts, mechanically propelled or assisted vehicles (other than stairlifts, gardening machinery and pedestrian controlled vehicles), caravans, trailers, aircraft, hovercraft or boats (other than hand-propelled boats).
f) Liability arising from the ownership, possession or use by you or on your behalf of mechanically propelled or assisted watercraft.
g) Liability under any agreement unless you would have been liable without the agreement.
h) Liability resulting directly or indirectly from the transmission of any communicable disease or virus by you.
i) Liability arising from your living in or occupying land or buildings other than your home or its grounds
j) Liability arising from dogs, the use of any horse for the purpose of racing or polo playing and the use of firearms.
k) Liability arising from deliberate or malicious acts.
l) Liability in connection with your business or profession.
m) Liability covered by any other insurance.

This Section only applies when shown in your Schedule.

1) Unspecified items 3.29 while within the Maltese Islands
2) Specified items 3.30 as described in the Specification List attached to the Schedule while:
i) within the Maltese Islands
ii) within the Geographical Area as described in the Specification List attached to the Schedule.

a) Loss or damage which you have caused, allowed to happen, chosen to ignore or not reported to the police.
b) Loss or damage if your home is used to receive visitors in connection with your business operating from your home, unless there is forcible and violent entry or exit into or from your home or entry is gained into your home by deception.
c) Loss or damage in your home caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring.
d) Loss by deception, unless deception is used only as a way to get into your home.
e) Laptops, notebooks, mobile phones, portable digital audio equipment, pedal cycles, parts or accessories for any of them.
f) Theft or attempted theft from an unattended vehicle other than from a locked and concealed boot, concealed luggage compartment or closed glove compartment of a locked vehicle which has been broken into by the use of force or violence.
g) Loss or damage by wear and tear, depreciation, loss of value, insects, vermin, fungus, atmospheric or climatic conditions, the action of light, ingress of water, the process of cleaning, dyeing, repair, alteration, restoration, mechanical, electronic or electrical breakdown, any gradually operating cause, delay, confiscation or detention by order of any government, public or local authority.
h) Items held by customs or other officials.
i) Business or professional use of musical instruments, photographic and sporting equipment and accessories.
j) Damage to sports racquets, sticks, bats and clubs.

a) Loss or damage which you have caused, allowed to happen, chosen to ignore or not reported to the police.
b) Loss or damage if your home is used to receive visitors in connection with your business operating from your home, unless there is forcible and violent entry or exit into or from your home or entry is gained into your home by deception.
c) Loss or damage in your home caused while your home is unoccupied or unfurnished for more than 90 days in a row prior to such loss or damage occurring.
d) Loss by deception, unless deception is used only as a way to get into your home.
e) Laptops, notebooks, mobile phones, portable digital audio equipment, pedal cycles, parts or accessories for any of them.
f) Theft or attempted theft from an unattended vehicle other than from a locked and concealed boot, concealed luggage compartment or closed glove compartment of a locked vehicle which has been broken into by the use of force or violence.
g) Loss or damage by wear and tear, depreciation, loss of value, insects, vermin, fungus, atmospheric or climatic conditions, the action of light, ingress of water, the process of cleaning, dyeing, repair, alteration, restoration, mechanical, electronic or electrical breakdown, any gradually operating cause, delay, confiscation or detention by order of any government, public or local authority.
h) Items held by customs or other officials. i) Business or professional use of musical instruments, photographic and sporting equipment and accessories.
j) Damage to sports racquets, sticks, bats and clubs.
k) Pet animals or pet birds.
l) Money.
m) Credit and Debit Cards.
n) Securities and documents of any kind.
o) Business goods and equipment.
p) China, glass, earthenware and other items
of a brittle nature. q) Contact lenses, corneal cap or micro
lenses. r) Hearing aids.
s) Any loss or damage to jewellery exceeding
the limits shown in the Specification attached to the Schedule which have not been checked by a competent jeweller within two years before date of loss or damage and any defects remedied and written evidence produced at the time of any loss or damage.
t) Any loss or damage covered by another policy.

These General Exceptions Apply to All Sections of the Policy

1. Radioactive Contamination and Sonic Bangs We will not pay for any loss damage liability or expense directly or indirectly caused by or contributed to by or arising from:

a) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
c) any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
d) pressure waves from aircraft or other aerial devices travelling at sonic or supersonic speeds.

i) All Property on the site of a nuclear power station, Nuclear Reactors, reactor buildings and plant and equipment therein on any site other than a nuclear power station
ii) All Property, on any site (including but not limited to the sites referred to in i) above) used or having been used for: The generation of nuclear energy; or The Production, Use or Storage of Nuclear Material
iii) Any other Property eligible for insurance by the relevant local Nuclear Insurance Pool and/or Association but only to the extent of the requirements of that local Pool and/or Association.
iv) The supply of goods and services to any of the sites, described in i) to iii) above, unless such insurances or reinsurances shall exclude the perils of irradiation and contamination by Nuclear Material.

i) “Nuclear Material” means: Nuclear fuel, other than natural uranium and depleted uranium, capable of producing energy by a self-sustaining chain process fission outside a Nuclear Reactor, either alone or in combination with some other material; and
ii) Radioactive Products or Waste “Radioactive Products or Waste” means any radioactive material produced in, or any material made radioactive by exposure to the radiation to the production or utilisation of nuclear fuel, but does not include radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural or industrial purpose.

i) Any Nuclear Reactor;
ii) Any factory using nuclear fuel for the production of Nuclear Material, any factory for the processing of Nuclear Material, including any factory for the reprocessing of irradiated nuclear fuel; and
iv) Any facility where Nuclear Material is stored, other than storage incidental to the carriage of such material.

“Nuclear Reactor” means any structure containing nuclear fuel in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons.

“Production, Use or Storage of Nuclear Material” means the production, manufacture, enrichment, conditioning, processing, reprocessing, use, storage, handling and disposal of Nuclear Material.

“Property” shall mean all land, buildings, structures, plant, equipment, vehicles, contents (including but not limited to liquids and gases) and all material of whatever description whether fixed or not.

“High Radioactivity Zone or Area” means:

i) For nuclear power stations and Nuclear Reactors, the vessel or structure which immediately contains the core (including its supports and shrouding) and all the contents thereof, the fuel elements, the control rods and the irradiated fuel store and
ii) For non-reactor Nuclear installations, any area where the level of radioactivity requires the provision of a biological shield.

3 War

We will not pay for any loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following:

i) war, invasion, acts of foreign enemy, hostilities or warlike operations (whether war be declared or not)
ii) civil war, military rising, insurrection, civil commotion assuming the proportions or amounting to an uprising, rebellion, revolution, military or usurped power, martial law or looting or pillaging in connection therewith
iii) confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public authority or any act or condition incident to any of the above

If we allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance, the burden of proving the contrary shall be upon you.

We will not pay for any legal liability for:

i) Personal injury or bodily injury or loss of, damage to or loss of use of property directly or indirectly caused by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for personal injury or bodily injury or loss of or physical damage to or destruction of tangible property or loss of use of such property damaged or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of insurance.
ii) The cost of removing, nullifying or cleaning-up, seeping, polluting or contaminating substances unless the seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of insurance.
iii) Fines, penalties, punitive or exemplary damages.

5 Transmission and Distribution Lines We will not pay for any loss, damage, cost or expense of whatsoever nature directly or indirectly caused to any transmission and distribution lines.

6 Wet Rot, Dry Rot and Mould We will not pay for any loss or damage by wet rot, dry rot or mould whether caused directly or indirectly by an insured cause.

7 Existing Damage We will not pay for any loss or damage occurring or arising from an event which happens before this insurance commences.

8 Computer Viruses and Date Change
This insurance does not cover:

i) direct or indirect loss or damage caused by computer viruses or to equipment which fails correctly to recognise data representing a date in such a way that it does not work properly or at all
ii) legal expenses, legal benefits and/or legal liability arising directly or indirectly from computer viruses or from equipment which fails correctly to recognise data representing a date in such a way that it does not work properly or at all,

Equipment includes computers and anything else insured by the Policy which contains a microchip.
Computers include hardware, software, data, electronic data processing equipment and other computing and electronic equipment linked to a computer.
Microchips include integrated circuits and microcontrollers.
Computer viruses include any programme or software which prevents any operating system, computer programme or software working properly or at all.

These General Conditions Apply to All Sections of the Policy

a) We will provide cover under this Policy only if the material information you gave us when applying for insurance or when making a claim, either by speaking to us or in any document, is true as far as you know.
b) To be covered by this insurance, you must keep to the terms, conditions and endorsements of this Policy.

2 Your Duty to Prevent Loss or Damage

You must do all that you reasonably can to prevent loss or damage to property which is insured under this Policy and to maintain such property in a sound condition.

3 Claims Procedure As soon as you become aware of an event or cause that may lead to a claim under this Policy, you or your legal representatives must:

i) tell us immediately and provide at your own expense all the information and help we need
ii) tell the police immediately about any property which has been lost, stolen or maliciously damaged
iii) do all you reasonably can to recover any lost or stolen property
iv) tell the issuing authority immediately about any lost or stolen credit or debit cards
v) forward us immediately and unanswered any writ, summons or other legal documents served on you or your family in connection with any claim for legal liability arising from injury or damage
vi) not discuss, admit, reject or negotiate on any claim with anyone else without our written permission.

4 Basis of Claim Settlement

a) i) In the event of loss or damage to the property described in the Schedule, we can choose to settle your claim by either repairing or replacing the property or by making a payment. Unless otherwise specified, a deduction for wear and tear or depreciation will not be made.
ii) We will not pay more than the Total Sum Insured specified in the Schedule for all claims resulting from one incident or accident. Similarly we will not pay more than one limit of liability shown in the Schedule for a single incident for liability cover.

b) i) Provided that the sum insured for buildings represents its full value and the repair or replacement is carried out without delay, we will not deduct an amount for wear and tear or depreciation.
ii) If at the time of loss or damage the sum insured for buildings is less than the cost of rebuilding as new, we will only pay in the same proportion as your building sum insured bears to the full value of the property at the time of the loss or damage.

c) i) Provided that the sum insured for contents represents their full value and the repair or replacement is carried out without delay, we will not, except for clothing and household linen, deduct an amount for wear and tear or depreciation.
ii) If at the time of loss or damage the sum insured for contents is less than the cost of replacement as new, we will only pay in the same proportion as your contents sum insured bears to the full value of the property at the time of the loss or damage.

d) We will not pay for the cost of replacing any undamaged part of the buildings or contents which forms part of a suite or part of a common design when damage is restricted to a specific part or to a clearly identifiable area and replacements cannot be matched. In that event, payment is limited to the value which such item or items may have as part of such suite or design.

e) We will not reduce the sum insured following a claim payment unless the claim relates to a total loss.

5 Sale of your home

If you have agreed to sell your home, the buyer who completes the purchase will have the benefit of the cover given under Section 1 - Paragraphs 1 to 12 up to the date the contract is completed or up to the expiry date of the current period of insurance whichever comes first and provided the buildings are not otherwise insured by or on his behalf.

a) Where fraud (including exaggeration) is detected, claims will not be paid and we may refer the matter to the police for criminal prosecution. The policy may not only be rendered invalid but we may also take other action consistent with our legal rights.

a) We may enter any building where loss or damage has occurred.
b) Following the settlement of any claim, any salvage becomes our property. You must not, however, abandon property to us but await our instructions as to its disposal.
c) We may take over and conduct in your name with complete and exclusive control, the defence or settlement of any claim.
d) We may at our expense and for our own benefit start legal action in your name to recover compensation from others in respect of any amounts paid or payable under this policy.
e) For any claim or series of claims arising from one event involving legal liability covered by this policy, we may either pay up to the limit shown in the Schedule less any amounts previously paid or any lower amount for which we can settle your claim. Once we have made the payment, we will have no further liability for your claim.

a) If any loss, damage or liability which you are claiming for under this Policy is covered by any other insurance, we will pay only our proportionate share of that claim.

a) You may cancel this Policy at any time during its term. Any refund of premium will be worked out from the date we receive your cancellation instructions. Provided no claim or loss has arisen in the current period of insurance, we will return part of the premium calculated on our cancellation rates for the unexpired period of insurance.
b) We may cancel this Policy by sending you a registered letter giving you 7 days’ notice to your last known address. We will refund the appropriate proportion of your premium worked out on a pro-rata basis from the date of our letter.

a) If we disagree about the amount to be paid under this Policy (liability being otherwise admitted), you and we have the right to refer to arbitration. We will write to you to inform you of this option and you must then write and tell us if you want to proceed. An arbitrator will be appointed in accordance with the statutory provisions in force at the time as amended or replaced from time to time. The apportionment of the costs and expenses of the arbitration will be determined by the arbitrator.

b) Using the arbitration procedure does not preclude you from appealing against the arbitrator’s decision in a court of law.

11. Maltese Jurisdiction Clause

The cover provided herein shall apply only to judgements or orders that are delivered by or obtained from a Court within the Maltese Islands. Furthermore, the cover shall not apply to a judgement or order obtained in Malta for the enforcement of a judgement obtained elsewhere or to costs and expenses of litigation recovered by any claimant from you which costs and expenses of litigation are not incurred in the Maltese Islands.

Middlesea Insurance p.l.c. is committed to providing good quality services. We recognise however, that clients may not be satisfied with the service provided. To deal with this we have a complaints procedure. For the sake of clarification a complaint is broadly defined as being a written expression of dissatisfaction with services that we provide or actions we have taken that require a response. We distinguish complaints from queries; queries are challenges to specific decisions, in specific circumstances.

How we will deal with your complaint We do not look on complaints as unwanted. In fact, they may help us to see where our services or procedures might be improved. So do let us know when you feel we have made a mistake or done something which you find unsatisfactory. Even if you do not think your particular concern amounts to a ‘complaint’ we would still like to know about it. You will help us to improve our service further.

How to complain

Step 1: Contacting us

The first step is to talk to a member of Middlesea Insurance p.l.c. staff. This can be done informally, either directly or by telephone.

Usually, the best staff member to talk to will be the person who dealt with the matter you are concerned about, as he/she will be in the best position to help you promptly and to put things right. If he/she is not available, or you would prefer to approach someone else, then ask for the Assistant General Manager.

We will seek to resolve the problem immediately. If we cannot do this, then, for example, we will take a record of your concern and arrange the best way and time for getting back to you. This will normally be within two working days.

Step 2: Taking your complaint further

If you are still unhappy, the next step is to put your complaint in writing and address it to the Complaints Officer of Middlesea Insurance p.l.c., setting out the details, explaining what you think went wrong and what you feel would put things right. If you are not happy about writing a letter, you can always ask a member of staff to take notes of your complaint which you will be asked to sign. You will be provided a copy for reference. This record will be passed promptly to the Complaints Officer to deal with.

Once the Complaints Officer receives a written complaint, he will arrange for it to be fully investigated. Your complaint will be acknowledged in writing within five working days of receiving it and the letter will say when you can expect a full response. This should normally be within three weeks unless the matter is very complicated, such as where other organisations need to be contacted. Where this is the case, we will still let you know what action is being taken and tell you when we expect to provide you with a full response.

Taking your complaint outside the organisation

If you are still not satisfied with the Complaint’s Officer’s response, you can always seek advice from outside the organisation. You may contact the Complaints Manager at the Malta Financial Services Authority.