This Policy and Schedule together are evidence of the contract between you and Middlesea Insurance p.l.c. based on the information 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 the Benefits up to the Limits for the Plan and the Area you have selected as specified in the Schedule.
You should read these documents and check them carefully to ensure they provide you with the cover you require. Please take them with you when you travel. 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 of insurance in the Maltese language has been supplied for your convenience. This contract of insurance 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:
“Accident or accidental” mean a sudden unexpected event which happens after the start date of the policy and results in your bodily injury or other loss or damage covered by this policy.
“Abandon or abandonment” mean returning to your home before the scheduled return date.
“Bodily injury” mean your death or injury to your body (including your disappearance arising therefrom) other than by your deliberate act caused solely by violent accidental external and visible means. This does not include any disease, sickness or naturally occurring condition or gradually operating or degenerative process.
“Cash” means coins and notes including foreign currency which are current legal tender.
“Close business associate” means someone you work with in Malta and who if you were both away from work at the same time would prevent the business from running properly.
“Close relative” means your mother, father, sister, brother, wife, husband, partner who lives at the same address as you and shares your financial responsibilities (not including business partners or associates), fiancé(e), daughter, son, grandparent, grandchild, parent-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, step-parent, step-child, step-sister, stepbrother, aunt, uncle, cousin, nephew, niece, legal guardian or foster parent or child.
“Credit and Debit Cards” means credit, debit, cheque, bankers or cash dispenser cards.
“Doctor” means a registered practising member of the medical profession not related to you or to anyone with whom you are travelling.
“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.
“Excluded activities” means (i) engaging in professional sports of any kind, rock-climbing or mountaineering which requires the use of ropes or guides, potholing, parachuting, handgliding, organised team football, or sub aqua diving; (ii) motor-cycling, whether as driver or passenger, on machines exceeding 125cc or engaging in or practising for speed or time trial, sprints or racing of any kind (other than on foot); (iii) engaging in winter sports or the use of dry ski-slopes (unless the appropriate additional premium has been paid in which case the excluded activities are ski-racing, ski-jumping, ski-boarding, ice hockey, and the use of bob sleighs or skeletons).
“Home” means your permanent private residential address in Malta.
“Loss of limb” means total and permanent loss of use of your entire hand, arm, foot or leg or amputation at or above the wrist or ankle.
“Malta or Maltese” mean the, or of the, Republic of Malta including any recognised sea passage within the Republic.
“Period of insurance” mean the period which starts from your leaving your normal place of residence or business and shall terminate on your return thereto but shall not exceed the number of days stated in the Schedule. In the case of Cancellation cover as specified in Section 1, the period of insurance starts from the date of issue of the Policy.
Important Note: If you cannot guarantee any of the statements listed under the following Health Warranty, you must advise us immediately. Failure to do so could invalidate your policy.
1. It is important, as it may affect your cover, that you should tell us at the time of purchasing or renewing your policy or when booking a trip (whichever is later), if you or any insured person:
i) Have received advice, medication or treatment for any serious chronic or recurring illness, injury or disease in the last 12 months.
ii) Are under investigation or awaiting the results of any diagnosed or undiagnosed medical condition.
iii) Are on a waiting list for, or are aware of the need for, in-patient treatment for any diagnosed or undiagnosed medical condition.
iv) Are travelling against your doctor’s advice.
v) Any close relative, close business associate, travelling companion, or person with whom you plan to stay (and upon whose good health your trip depends) has a serious, chronic or recurring illness, injury or disease which could affect your decision to take or continue your trip.
vi) Have received a terminal prognosis:
2. If, between the booking and commencement dates of your trip or the renewal date (whichever the sooner), you receive medical advice for a potentially serious illness or injury, your policy will cover you for cancellation of your trip. In the event, however, of your still wishing to travel, we will advise you if you will be covered for emergency medical and associated expenses, hospital benefit or abandonment claims relating to such condition.
3. If, between the booking and commencement dates of your trip or the renewal date (whichever the sooner), anyone upon whose good health your trip depends, such as a close relative, your travelling companion or close business associate, receives medical advice for a potentially serious illness or injury, your policy will cover you for cancellation of your trip. In the event, however, of your still wishing to travel, we will advise you if you will be covered for abandonment claims relating to such condition.
In the event of a claim under Section 2, 3, and 7 you may contact our correspondent on the number stated in the Schedule.
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Section 1 - Cancellation & Abondonment |
We will cover you for:
1. deposits you have paid for your trip and cannot get back,
2. your unused travel and accommodation charges which you have paid or contracted to pay and cannot get back,
3. unused kennel or cattery fees which you have paid or contracted to pay and cannot get back,
4. the cost of additional accommodation charges incurred in you having to return home early,
5. the cost of additional travel expenses for you to return home early if you cannot use your return ticket;
If, after the date of purchasing your policy or booking a trip (whichever occurs later), you unavoidably have to cancel or abandon your trip for one of the following reasons:
a) One of the following people is seriously injured, falls seriously ill, is quarantined or dies:
i) You,
ii) Your travelling companion,
iii)Any person with whom you were going to stay,
iv) Any of your close relatives or those of your travelling companion,
v) Any of your close business associates or those of your travelling companion.
b) You or your travelling companion being required for jury service or as a witness in a Maltese court of law during the period of insurance.
c) If you or your travelling companion are involuntarily made redundant and registered as unemployed with the Employment and Training Corporation.
d) You or your travelling companion’s home is made unfit to live in by fire, explosion, subsidence, storm, flooding or impact by aircraft which happen during the seven days prior to the commencement date of your trip.
e) You or your traveling companion being required by the police to stay at home or at your place of work as a result of a burglary at either premises.
f) You or your travelling companion being prevented from travelling because of a Maltese Government restriction arising from an epidemic or pandemic.
a) The first amount shown in the Schedule of each insured person’s claim.
b) Any claim for a medical condition if any insured person has travelled against the advice of a doctor or would be travelling against the advice of a doctor if they had
taken such advice.
c) Any claim for a medical condition for which you were planning to obtain medical treatment during your trip.
d) Any claim arising from:
i) any anxiety state, depression, mental, nervous or emotional disorder which was diagnosed before you purchased your policy or booked your trip (whichever the later).
ii) pregnancy or childbirth where the expected date of delivery is less than 12 weeks (16 weeks in the case of a multiple pregnancy) before the commencement date of your trip.
iii) your taking part in any flying or other aerial activities of any kind other than as a fare paying passenger in a fully licensed passenger carrying aircraft.
iv) your motorcycling as a rider or passenger on a machine over 125cc
v) your motorcycling as a rider or passenger on a machine 125cc or under unless you wear a crash helmet and, as a rider, you hold a valid motorcycle licence for the country in which it is being used.
vi) any involvement in manual work of any kind.
vii) participation in any excluded activity/ties unless otherwise shown as covered in your policy schedule.
viii) participating in expeditions.
ix) participating as a crew member on a vessel travelling from one country to another.
e) Any claim for redundancy caused by misconduct, resignation or voluntary redundancy or if you or your travelling companion knew of the redundancy before you purchased your policy or booked your trip (whichever the later).
f) Any claim made because you or your travelling companion are disinclined to travel.
g) Any claim made for unused travel or accommodation arranged by using Air Miles or similar promotions. h) Any claim for refund of any costs for persons not named in this policy.
i) Any claim for management fees, maintenance costs or exchange fees associated with timeshares or similar arrangements.
j) Any claim arising from your not having the correct passport, visa or other entry documents.
k) Any claim made because you did not enjoy your trip.
l) Any claim not authorized by us before you returned home.
m) Any claim resulting from a disease for which you did not have the recommended inoculations and/or took the recommended medication.
n) Any claim for additional travelling expenses if, in advance of your trip, you did not purchase a return ticket to Malta.
o) Anything contained in the General Exceptions.
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Special condition to Section 1 |
All claims resulting from injury, illness, quarantine or death must be supported by medical reports or a death certificate (or both) confirming the necessity of cancelling or abandoning your trip.
The most we will pay under this Section for each insured person is shown in the Schedule.
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Section 2 - Medical Emergency and Associated Expenses |
If you fall ill, become injured or die during your trip we will cover you for:
1) Emergency medical treatment outside Malta and the country where you normally live including rescue services to take you to hospital.
2) Emergency dental treatment for the immediate relief of pain only.
3) The cost of burying or cremating you in the country outside Malta where you die.
4) The additional cost of returning your body or ashes to your home.
5) The cost of additional room only accommodation expenses (of a similar standard to the accommodation you had for your trip) if you are advised by a doctor that you should stay longer than you intended.
6) The additional cost of your returning home if you cannot use your return ticket to
Malta.
7) The additional cost if it is medically necessary for you to return home.
8) The reasonable extra travel and room only accommodation costs, under items 5, 6 and 7 above, of one relative or friend who has to travel or stay with you, providing both a doctor and we believe it is necessary.
a) The first amount shown in the Schedule of each insured person’s claim.
b) Any claim for a medical condition if any insured person has travelled against the advice of a doctor or would be travelling against the advice of a doctor if they had taken such advice.
c) Any claim for a medical condition if any of the following applied when you purchased your policy or booked your trip (whichever the later):
If you:
i) had received advice, medication or treatment for any serious, chronic or recurring illness, injury or disease in the last 12 months unless you disclosed the condition to us and the position was accepted by us in writing.
ii) were under investigation or awaiting results for any diagnosed or undiagnosed condition unless you disclosed the condition to us and the position was accepted by us in writing.
iii) were on a waiting list for in-patient treatment or were aware of the need for in-patient treatment for any diagnosed or undiagnosed condition unless your disclosed the condition to us and the position was accepted by us in writing.
iv) have been told your had a terminal illness.
d) Any claim for a medical condition where you have received medical advice for a
potentially serious illness or injury between booking your trip and the departure date unless you disclosed the condition to us and the position was accepted by us in writing.
e) Any claim for a medical condition for which you were planning to obtain medical
treatment during your trip.
f) Any claim for:
i) the cost of in-patient hospital treatment or going home early not authorised by
us in advance.
ii) the cost of any non-emergency treatment or surgery including exploratory tests
which are not directly related to the illness or injury for which you originally
went into hospital.
iii) any form of treatment that your treating doctor and we think can reasonably wait until you return to Malta.
iv) cosmetic surgery.
v) medication which, at the time your trip started, you knew that you would need while you were away.
vi) any additional costs because you have a single or private room.
vii) treatment or services provided by a health spa, convalescent or nursing
home or any rehabilitation centre.
viii) any treatment after you have returned to Malta.
g) Any claim arising from:
i) any anxiety state, depression, mental, nervous or emotional disorder which was
diagnosed before you purchased your policy or booked your trip (whichever the later)
ii) pregnancy or childbirth where the expected date of delivery is less than 12 weeks (16 weeks in the case of a multiple pregnancy) before your commencement date of your trip.
iii) your taking part in any flying or other aerial activities of any kind other than as
a fare paying passenger in a fully licensed passenger carrying aircraft.
iv) your motorcycling as a rider or passenger on a machine over 125cc.
v) your motorcycling as a rider or passenger on a machine 125cc or under unless you wear a crash helmet and, as a rider, you hold a valid motorcycle licence for the country in which it is being used.
vi) any involvement in manual work of any kind.
vii) participation in any excluded activity/ties unless otherwise shown as covered in your policy schedule.
viii) participating in expeditions.
ix) participating as a crewmember on a vessel travelling from one country to another.
h) Costs incurred following your decision not to return to Malta after the date when, in our opinion, it was safe for you to do so.
i) Any claim resulting from a disease for which you had not had the recommended inoculations and/or not taken the recommended medication.
j) Any claim arising from your suicide, attempted suicide, intentional self-injury or deliberate exposure to danger unless in an attempt to save someone’s life.
k) Any claim arising from your being under the influence of alcohol, solvents or drugs (except drugs prescribed by a doctor other than for the treatment of drug abuse).
l) Anything contained in the General Exceptions.
The most we will pay under this Section for each insured person is the amount shown in the Schedule.
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Section 3 –Hospital benefit |
If you are claiming for medical expenses which are covered under Section 2 we will also pay you for the amount shown in the Schedule for every 24 hours you are being treated as an in-patient in a hospital outside Malta towards incidental expenses you have to pay such as telephone calls.
Those exclusions listed under Section 2 above.
The most we will pay under this Section for each insured person is the amount shown in the Schedule.
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Section 4 - Liability to Others |
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We will cover you against: |
Legal liability for damages, claimant’s costs and expenses arising from an accident during your trip 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.
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) Any fines or exemplary damages (punishing or aimed at punishing the person responsible rather than awarding compensation) you have to pay.
b) Any liability arising from:
i) someone being injured or falling ill or dying while they are working for you.
ii) death of or injury to people who are members of your household or who are your close relatives or your travelling companions.
iii)loss of or damage to property which belongs to you or is in your care.
iv)loss of or damage to property which belongs to or which is in the care of members of your household or your close relatives or your travelling companions.
v) the carrying out of contracts or the supplying of goods or services or your doing your job.
vi) your involvement in manual work of any kind.
vii) your owning or occupying any land or building except for your occupation of temporary holiday accommodation in which event we will not cover the amount shown in the Schedule of any claim.
viii) your owning or using animals (except domestic animals), firearms, any aircraft
of any description including unpowered flight, motorised vehicles, boats or other vessels of any description other than manually propelled watercraft, and any other form of motorised leisure equipment.
ix) your taking part in any excluded activity/ties unless otherwise shown as covered in your policy schedule.
c) Anything contained in the General Exceptions.
We will not pay more than the amount shown in the Schedule in all for any one incident inclusive of defence costs and expenses.
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Section 5 – Delayed Departure |
In the event of the international transport by aircraft, ship or train on which you are booked to travel is delayed in leaving Malta at its scheduled time of departure on your outward journey or on the final part of your return journey back to Malta,
1) the amount shown in the Schedule for every full 12 hours period you are delayed.
2) your unused travel and accommodation costs which you have paid or are legally contracted to pay but cannot get back if, after you have been delayed for more than 24 hours on your outward journey from Malta, you choose to abandon your trip.
3) the unused kennel or cattery fees which you cannot get back.
a) Any claim caused by a strike or industrial action that was public knowledge when your policy was purchased or your trip was booked whichever is later.
b) Any claim made for unused travel or accommodation arranged by using Air Miles or similar promotions.
c) Any claim for refund of any costs for persons not named in this policy.
d) Any claim for management fees, maintenance costs or exchange fees associated with timeshares or similar arrangements.
e) Delay or abandonment caused by your failure to check in at your departure point on time.
f) Anything contained in the General Exceptions.
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Special Conditions to Section 5 |
Delay benefit under paragraph (1) will be worked out by taking the difference between the
actual time of departure and the scheduled departure time. YYoouu must check in at the specified
time and get written confirmation from the carrier or its handling agents of the actual date and
time of departure together with the reason for the delay.
The most we will pay under this Section for each insured person is the maximum amount shown in the Schedule.
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Section 6 – Missed Departure |
If, as a direct result of:
1) interruption of scheduled public transport services, including delays to a connecting scheduled flight, caused by labour disputes, civil disturbance, mechanical breakdown or bad weather, or
2) the vehicle in which you are travelling is involved in an accident or breaks down, you arrive at the final point of international departure too late to board the international transport by aircraft, ship or train on which you are booked to travel on your outward journey from Malta or on the final part of your return journey back to Malta,
The cost of reasonable extra accommodation and travel expenses to allow you to reach your destination.
a) any claim where the carrier has offered reasonable alternative transport.
b) anything contained in the General Exceptions.
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Special Conditions to Section 6 |
i) You must do all you can to arrive at the international departure point on time.
ii) In the case of a labour dispute, you will only be covered if the dispute is announced and begins during the period of insurance.
iii) If you are claiming because the vehicle in which you are travelling is involved in an accident or because it breaks down, you must send us a repairer’s report or police accident report to support your claim.
The most we will pay under this Section for each insured person is the maximum amount shown in the Schedule.
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Section 7 - Personal Accident |
Accidental bodily injury during your trip which directly results in your:
a) death,
b) loss of one or more limbs and/or the total loss of sight in one or both eyes,
c) permanent total disablement after 104 weeks (except where compensation is paid under (b) above)
a) Any claim for sickness, disease, nervous shock or naturally occurring condition or degenerative process.
b) Any claim arising from
i) your taking part in any flying or other aerial activities of any kind other than as a fare paying passenger in a fully licensed passenger carrying aircraft
ii) your motorcycling as a rider or passenger on a machine over 125cc.
iii) your motorcycling as a rider or passenger on a machine 125cc or under unless you wear a crash helmet and, as a rider, you hold a valid motorcycle licence for the country in which it is being used.
iv) your involvement in manual work of any kind.
v) your participation in any excluded activity/ties unless otherwise shown as covered in your policy schedule.
vi) your participating in expeditions.
vii) your participating as a crew member on a vessel travelling from one country to another.
viii) your suicide, attempted suicide, intentional self-injury or deliberate exposure to danger unless in an attempt to save someone’s life
ix) your being under the influence of alcohol, solvents or drugs (except drugs prescribed by a doctor other than for the treatment of drug abuse
c) Any claim arising from your disappearance because your body has not been found within one year of its disappearance unless:
i) we are satisfied that you had sustained accidental bodily injury resulting in your death and
ii) the person to whom payment will be made agrees in writing to refund to us the amount paid if you are found to be living.
d) Anything contained in the General Exceptions.
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Section 8 - Personal Belongings |
If during your trip you accidentally lose your personal belongings or if they are stolen or accidentally damaged for the cost to replace or repair them after deducting for wear and tear and depreciation if applicable.
a) The first amount shown in the Schedule of each insured person’s claim. However, the
most you will have to pay if two or more insured persons claim from the same event is the amount shown in the Schedule.
b) Loss of, damage to or theft of personal belongings which you have left unattended.
c) Damage to suitcases unless they are no longer usable.
d) Household goods or anything shipped as freight or under a bill of lading.
e) Cracking, scratching or breaking of glass (other than lenses in cameras, binoculars, telescopes or spectacles), china or similar fragile articles and any other loss caused by any breakage.
f) Loss of, damage to or theft of contact or corneal lenses, or dental or medical fittings including artificial limbs.
g) Loss of, damage to or theft of pedal cycles.
h) Loss of, damage to or theft of laptop computers.
i) Loss of value, damage caused by moths and vermin, atmospheric conditions, mechanical failure or any process of cleaning, repairing or restoring.
j) Any loss or theft which you do not report to the police and obtain a written reportfrom them within 24 hours of discovery.
Where it is not possible to obtain a police report, you must provide other independent proof of your loss such as a letter from your transport company or hotel.
k) Loss or theft of or damage to valuables you are not carrying with you unless you have kept them in a safe or a safety deposit box or locked accommodation.
l) Bonds, securities or documents of any kind.
m)Winter sports equipment.
n) Sports equipment which is damaged or broken whilst being used.
o) Any goods delayed, detained or confiscated by customs or other officials.
p) Items used in connection with your job.
q) Films, cassettes, cartridges or disks other than for their value as unused material unless purchased pre-recorded in which event we will pay up to the retail list price.
r) Perishable goods, bottles, cartons or any other loss caused by their breakage.
s) Anything contained in the General Exceptions.
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The Special Conditions to Section 8 |
i) You must take reasonable care to keep your personal belongings safe.
ii) If your personal belongings are lost or damaged by an authority, a transport company or hotel, you must report details of the loss or damage to them in writing and obtain their written confirmation.
iii) In the event of your personal belongings being lost or damaged by an airline, you must obtain a property report, give written notice and keep a copy of the claim to the airline within the time limit specified in their conditions of carriage but in any event within 3 days and keep all travel tickets and tags if you claim under this policy.
iv) In the event of your personal belongings being lost or stolen, you must take all reasonable steps to recover them.
v) You must be able to prove that you were responsible for the lost, stolen or damaged items and how much they are worth. If you are unable to do so, it may affect your claim.
vi) We will settle any claim at our option by payment or replacement. We will settle claims for personal belongings based upon their value at the time of their loss or damage. We will not pay the cost of replacing them with new items and we will not pay more than the original purchase price of any lost or damaged item.
vii) In the event of your also making a claim under Section 9, Delayed Luggage, this amount will be deducted from the amount claimed under this Section.
The most we will pay under this Section for each insured person is the amount shown in the Schedule for Personal Belongings Limit Any One Article or Pair and Valuables.
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Section 9 –Delayed Luggage |
The purchase of essential items if your luggage is temporarily lost on the outward journey and you are without it for more than 12 hours.
a) Any claim for luggage delayed, detained or confiscated by customs or other officials.
b) Anything contained in the General Exceptions.
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Special Conditions to Section 9 |
i) To claim under this Section, you must keep the receipt of anything you purchase and get written confirmation from the carrier of the number of hours you were without your luggage.
ii) Any amount payable under this Section will, in the event of your luggage being permanently lost, be deducted from the amount payable under Section 8.
The most we will pay under this Section for each insured person is the amount shown in the Schedule.
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Section 10 – loss of passport |
If your passport or visa is lost or stolen whilst you are abroad, for the necessary and reasonable extra travel, accommodation and communication expenses you have to pay in order to obtain a temporary passport or visa and the actual cost of temporary documents.
a) Any loss or theft of your passport or visa which you do not report to the police and obtain a written report from them within 24 hours of discovery.
b) Any loss or theft of your passport or visa whilst it is unattended.
c) Anything contained in the General Exceptions.
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Special Conditions to Section 10 |
You must always take reasonable care to keep your passport and visa safe. If your passport or visa are lost or stolen, you must take all reasonable steps to recover them.
The most we will pay under this Section for each insured person is the amount shown in the Schedule.
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Section 11 – Personal Money |
If your personal money is lost or stolen during your trip.
a) The first amount shown in the Schedule of each insured person’s claim. However, the most you will have to pay if two or more insured person’s claim from the same event is the amount shown in the Schedule
b) Any loss or theft which you do not report to the police and obtain a written report from them within 24 hours of discovery.
c) Any personal money which is delayed, detained or confiscated by customs or other officials.
d) Bonds, securities or documents of any kind.
e) Loss or theft of personal money not carried in your hand luggage whilst you are travelling.
f) Loss or theft of personal money whilst it is unattended.
g) Shortages due to a mistake, or loss due to a change in exchange rates.
h) Loss or theft of travellers’ cheques if you have not complied with the issuer’s conditions or where the issuer provides a replacement service.
i) Anything contained in the General Exceptions.
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Special Conditions to Section 11 |
i) You must always take reasonable care to keep your personal money safe. In the event of your personal money being lost or stolen, you must take all reasonable steps to recover it.
ii) You must be able to prove that you own the lost or stolen personal money and how much it is worth. If you are unable to do so, it may affect your claim.
The most we will pay under this Section for each insured person is the amount shown in the Schedule.
The amount shown in the Schedule for each and every completed period of 24 hours that you are restrained in the event of hijack of the transport on which you are travelling.
For any claim which is not substantiated a report from the authorities concerned showing full details of the event.
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. Loss or damage and liabilities due to or arising from chemical and biological substances not used for peaceful purposes are also excluded
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
2. Nuclear Energy Risks
We will not pay for any loss damage liability or expense directly or indirectly caused by or contributed to by or arising from Nuclear Energy Risks.
For all purposes of this policy Nuclear Energy Risks shall mean:
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:
a) The generation of nuclear energy; or
b) 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.
Definitions
“Nuclear Material” means:
i) No clear 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.
“Nuclear Installation” means:
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
iii) 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:
a) war, invasion, acts of foreign enemy, hostilities or warlike operations (whether war be declared or not)
b) 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
c) 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.
4. Pollution or Contamination
We will not pay for any loss, damage, liability, cost or expenses of any kind caused directly or indirectly by pollution or contamination which:
i) was caused by an intentional act, or
ii) was expected or should have been expected, or
iii) was not caused by a sudden incident, or
iv) did not occur during any period of insurance.
5 Existing Damage
We will not pay for any loss or damage occurring or arising from an event which happens before this insurance commences.
6. Computer Viruses and Date Change
This insurance does not cover:
i) loss or destruction of or damage to any property or any loss or expense resulting from or arising from such damage or any other consequential loss sustained by you
ii) any legal liability of whatsoever nature
iii) any death, bodily injury or illness directly or indirectly caused by, contributed to by, or consisting of or arising from the failure or inability of
a) computer or auxiliary equipment
b) computer system software, program or spreadsheet
c) data processing equipment, media or auxiliary equipment
d) microchip, integrated circuit or similar device
e) telecommunications equipment or systems
f) any other system for processing, storing, transmitting, retaining or returning data whether your property or not and occurring before, during or after the year 2000 to
i) correctly recognize any date as its true calendar date or its true value
ii) capture, save or retain and/or correctly manipulate, interpret, transmit, return or process any data or information or command or instruction as a result of treating any data otherwise than its true calendar date or its true value
iii) capture, save, retain or correctly process any data as a result of the operation of any command or logic which has been programmed or incorporated into anything stated in (a) to (f) above being a command or logic which causes the loss of data or the inability to capture, save, retain or correctly process such data on or after any date.
These General Conditions Apply to All Sections of the Policy
1 Automatic Extension
If before the expiry of the period of insurance you are prevented, due to your bodily injury or illness, from making your intended return journey, the duration of this policy is extended automatically without additional premium for up to 30 days. In this event we shall continue to pay medical treatment under Section 2 subject to a maximum amount shown in the Table of Compensation for the Plan which you have selected as specified in the Schedule, for this period or such extension of this period as is medically certified as being necessary.
2 Type of Travel
This policy applies only to persons resident in the Maltese Islands who are undertaking conventional non-working holidays or business trips where no manual work is undertaken.
We should be advised if you intend to include a planned sporting activity during your trip.
3 General
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 uuss 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.
4. 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.
5 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:
a) tell us immediately and provide at your own expense all the information and help we need
b) tell the police immediately about any property which has been lost, stolen or maliciously damaged
c) do all you reasonably can to recover any lost or stolen property
d) tell the issuing authority immediately about any lost or stolen credit or debit cards
e) forward us immediately and unanswered any writ, summons or other legal documents
served on you or any insured person in connection with any claim for legal liability arising from injury or damage
f) not discuss, admit, reject or negotiate on any claim with anyone else without our written permission.
6 Fraud
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.
7 Rights and Responsibilities
a) 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.
b) We may take over and conduct in your name with complete and exclusive control the
defence or settlement of any claim.
c) 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.
d) 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.
8. Contribution of Other Insurances
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.
9 Arbitration
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.The making of an award is a condition precedent to any right of action against us.
b) Using the arbitration procedure does not preclude you from appealing against the
arbitrator’s decision in a court of law.
10 Maltese Jurisdiction Clause
The cover provided by this policy shall apply only to judgments or orders which are delivered by or obtained from a Court within the Maltese Islands. This cover will also not apply to a judgment or order obtained in the Maltese Islands for the enforcement of a judgment obtained elsewhere or to costs and expenses of litigation recovered by any claimant from you for costs and expenses of litigation not incurred in the Maltese Islands.
Middlesea Insurance p.l.c. is committed to providing good quality services. We recognize 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 deal with your complaint
We do not look on complaints as unwanted. In fact, they may help us 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 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 they will be in the best position to help you promptly and to put things right. If they are 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 note of your complaint which you will be asked to sign. You will be provided with 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 Complaints Officer’s response, you can always seek advice from outside the organisation. You may contact the Complaints Manager at the Malta Financial Services Authority.
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